Terms of Service
# Authentic School Portraits — Terms and Conditions
Last updated: 26 August 2026
PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF WWW.AUTHENTICSCHOOLPORTRAITS.COM AND ORDERS.AUTHENTICSCHOOLPORTRAITS.COM (the "SITE").
BY ACCESSING THE SITE AND USING ITS SERVICES YOU THE CLIENT (henceforth known as "YOU") AGREE TO THE TERMS AND CONDITIONS AS STATED BELOW.
How we handle personal information and photographs is set out separately in our Privacy Policy, available at orders.authenticschoolportraits.com/privacy-policy/.
Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement.
---
## 1. Provision of the Services and How to Contact Us
Authentic School Portraits (the "Business"), in association with Netlife, provides an online means of managing and selling photographs of children in early learning, school, dance club and sports club settings, including group shots, individual shots and sporting shots ("Services"). Once taken, photographs are uploaded to the Site by the Business and can be purchased directly by users of the Service.
The contact details for the Business are as follows:
- Email: admin@authenticschoolportraits.com
- Phone: 02 6169 4791
- Studio: 3/12 Chalmers Place, Macgregor ACT 2615
You acknowledge that you have provided the Business with accurate and complete registration information on your account sign-up form or enquiry form, and that it is your responsibility to update the Business with any changes to that information by emailing or telephoning the Business at the details provided above.
You must be at least 18 years of age to use the Services. The Business reserves the right to require you to provide evidence to verify any aspect of your account sign-up form at any time.
You must keep your account details secure at all times, and if you believe that there has been a breach of security then you must notify the Business immediately. If the Business reasonably believes that your account is being used in any way which is not permitted under this Agreement or in contravention of any laws (or reasonably suspects the same), then the Business reserves the right to immediately suspend your access rights on giving notice to you, and to block access to the Site until the issue has been resolved to the satisfaction of the Business.
The Business is continually seeking to improve the Services and to ensure that all information on the Site ("Content") is up to date. Accordingly, the Business reserves the right, at its sole discretion, to make changes to any part of the Services or the Content at any time and without prior notice to you. We recommend that you check the Site from time to time for any updates or changes to this Agreement, which shall become effective on posting, and your continued use of the Site will mean acceptance of those updates and/or changes.
---
## 2. Licence and Limited Rights to Use Content
The Business grants you a non-exclusive, non-transferable, non-assignable, revocable licence to use the Content subject to the terms and conditions of this Agreement. The Content and all copyright, database rights, website design, trade and service marks, logos and names, design rights, and all other intellectual property rights, including the software used on the Site ("Intellectual Property"), whether registered or not, belong to the Business (or applicable licensors) and may not be used in any way whatsoever without the prior written consent of the Business.
---
## 3. Privacy
The Business respects your right to privacy and complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
Full details of what personal information we collect, how it is stored and secured, who can access it, how long we keep it, and how you can request its correction or deletion, are set out in our Privacy Policy at orders.authenticschoolportraits.com/privacy-policy/. By using the Site you agree to the collection and use of your information as described in that policy.
---
## 4. Warranties and Indemnity
The Business warrants that it will use all reasonable skill and care in the provision of the Services.
The Business makes no warranty that the Site is free from viruses or anything else that has contaminating or destructive properties. It is your responsibility to adopt appropriate back-up, firewall and other precautionary security measures. Subject always to the Australian Consumer Law acknowledgement at the start of this Agreement and in clause 5, all other express or implied warranties and representations are excluded from this Agreement to the extent that they can lawfully be excluded.
You warrant and represent that you are the owner or licensee of any content that you upload, record or otherwise transmit through the Services (collectively, "your Content"). You warrant and represent that you shall not publish, post, upload, record or otherwise transmit any of your Content (including your user name) that: (i) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violates any law or statute; (iii) is defamatory, unlawfully threatening or unlawfully harassing; (iv) is profane, indecent, obscene, harmful to minors or pornographic; (v) contains any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or property of another; or (vi) is false, misleading or inaccurate.
You agree not to: (1) use the Services in connection with chain letters, junk mail, pyramid schemes, spamming or any duplicative or unsolicited messages, or any use of distribution lists to any person; (2) harvest or otherwise collect information about others, including email addresses; (3) knowingly interfere with or disrupt networks connected to the Services, or violate the regulations, policies or procedures of such networks; (4) attempt to gain unauthorised access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means; or (5) use the Services for any illegal purposes.
You agree to indemnify the Business against all claims, liabilities, costs and expenses (including legal fees) arising out of your use of the Services or related to any breach of this Agreement.
---
## 5. Limitation of Liability
Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement. Where our liability can be limited, it is limited at our option to the resupply of the services or the cost of resupply.
Subject to the paragraph above, the Business shall not be liable to you, whether in contract, tort (including negligence) or otherwise, for: any direct, indirect, consequential or special loss or damage; any loss of profit, loss of anticipated savings, loss of business, loss of goodwill, loss of data or other such financial or business loss or damage, even if foreseeable; or any other loss or damage in an amount exceeding $100.00 (one hundred dollars) in the 12 months preceding the date on which such liability arose.
Notwithstanding the provisions of this clause, the Business's liability will not be limited in the case of fraud, or for death or personal injury caused by our negligence.
Please note that all photographs provided by the Business are produced to a high standard using quality materials and current processing techniques. However, over time all colour photographs will fade, particularly if left in bright sunlight and not contained behind glass. The Business cannot therefore accept responsibility for gradual image deterioration.
---
## 6. Consent to Photograph
**At schools.** Where photography takes place at a school, the school engages Authentic School Portraits to photograph its students and is responsible for notifying parents and guardians in advance, and for advising us of any child who is not to be photographed. We rely on the school to communicate those objections to us before photography takes place.
**At early learning centres and preschools.** Where photography takes place at an early learning centre, preschool or other early childhood education and care service, we work alongside the service to ensure that only children for whom permission has been provided are photographed. Registration is required, and a child without verified permission will not be photographed.
Permission may be withdrawn at any time by contacting the service directly, or by contacting us at admin@authenticschoolportraits.com.
If you are a parent or guardian of the photographed subject (the "Subject"), you confirm that the Subject's image may be used in the provision of the Services, which may include group shots.
Generally, and as a user of the Site, you confirm the following:
a) You agree to only purchase photographs or images that you have a genuine reason to purchase, such as (but not limited to) the Subject being a relation of yours, or for the purposes of a gift. We may, at our sole discretion, ask you questions to determine your connection to the Subject, and if we are not satisfied with your answers we can refuse to allow you to use the Service. We may, if we consider it appropriate, contact the relevant authorities and provide whatever personal or other identifying information we hold on you.
b) You agree that you have no proprietary interest in any photographs or images generated by the Business, and that all intellectual property rights in the same are wholly owned by the Business. You disclaim all rights you may have in the same, both for yourself and on behalf of the Subject.
How long we retain photographs, and how to request their deletion, is set out in our Privacy Policy.
---
## 7. Payment and Refund Policy
The prices for the Services will be as stated on the Site and will include GST, and exclude delivery and taxes which will be added to the total amount charged to you. The final figure shown when you shop and pay using our secure online facility will include all taxes and shipping fees. Prices are liable to change at any time, but you will not be affected if your order has already been placed and you have received confirmation.
All orders placed after the discounted packages date will be delivered to your school or home address (or the address provided by you). The Business does not impose fines, but will charge $7.95 per order to cover the cost of shipping.
Because the goods are personalised and have no resale value, we are generally unable to cancel or refund an order once it has entered production. This does not affect your rights under the Australian Consumer Law where goods are faulty, damaged, or not as described. If something isn't right with your order, contact us and we'll work out a resolution with you.
---
## 8. Notices
All notices shall be given to the Business via email or by post to the Business's address as set out under clause 1 of this Agreement, or to you at the email or postal address you provide in your registration information.
---
## 9. Third Party Links
The Site may contain links to other websites and resources. The Business is not responsible and shall not be held liable for the availability or content of these resources. No endorsement or approval of any such third party websites, their advice, opinions, information, products or services is expressed or implied by any information on our Site, and it is entirely your decision and responsibility to use their services or products.
---
## 10. Termination
The Business operates the Site on a fair and reasonable basis. This Agreement and your access to the Service may be immediately terminated by the Business if (in the sole opinion of the Business) you are in breach of this Agreement, or are behaving in a way that the Business considers inappropriate, or in a way likely to harm the reputation of the Business.
---
## 11. Dispute Resolution
Should there be a dispute between you and the Business that cannot be resolved directly within a reasonable time period, then it is agreed that on the written request of any party it may be referred to an independent mediator, the identity of whom shall be agreed between the parties.
If the parties cannot agree on a mediator within 14 days of one party's written request to appoint one, either party may request that a mediator be nominated by the Chair of the Australian Capital Territory Law Society (or their nominee), and that nomination will be binding on both parties.
The costs of the mediation shall be shared equally, and the place of conduct of the mediation shall be Canberra, Australian Capital Territory. If within 60 days of the appointment of a mediator the mediator is unable to resolve the dispute, the parties may submit the matter to the exclusive jurisdiction of the courts of the Australian Capital Territory.
Complaints specifically about how we have handled personal information follow the process set out in our Privacy Policy.
---
## 12. General
No failure or delay on the part of the Business relating to the exercise of any right, power, privilege or remedy provided under this Agreement shall operate as a waiver of such right, power, privilege or remedy, or as a waiver of any proceeding or succeeding breach by the other party to this Agreement.
The Business does not have an obligation to monitor all activities on the Site, but reserves the right to do so, and to keep and disclose whatever information we consider necessary to the relevant authorities should it prove necessary, and to remove any information the Business deems to be inappropriate.
Due to the nature of the Services, it may be possible that a price is incorrectly listed on the Site due to technological or human error. Neither the Business nor the seller is under any obligation to provide any goods or services at an incorrect price, even after receipt of an order or any other notification of the same.
The Business shall be under no liability to you in respect of anything which may constitute a breach of this Agreement arising by reason of force majeure, which includes an Act of God and failure of any third party.
This Agreement, together with our Privacy Policy, contains the full and complete understanding between the parties and supersedes and replaces all prior arrangements, terms, representations and understandings, whether written or oral, relating to the subject matter of this Agreement. Neither you nor the Business shall be bound by any variation or addition to this Agreement unless agreed in writing and signed by duly authorised representatives from both sides.
In the event of any inconsistency between these Terms and Conditions and any third party terms and conditions, these Terms and Conditions shall prevail. In the event of any inconsistency between these Terms and Conditions and our Privacy Policy on a matter concerning the handling of personal information, the Privacy Policy shall prevail.
This Agreement and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the Australian Capital Territory, and be subject to the exclusive jurisdiction of the courts of the Australian Capital Territory.