Terms & Conditions

All photographs are the property and copyright of 'Binke Photographic Art, and it is illegal to copy or use anything from this site without  permission.
Please read this legal agreement between you and Binke Photographic Art before making any purchases. By purchasing any of our products/photographs, you agree to these terms and conditions. Binke Photographic Art owns all rights to the photographs. All rights including the copyright remain with Binke Photographic Art unless otherwise granted. Photographic Artworks are to be shipped after all payments have been made in full. You are granted a non-exclusive and nontransferable right to display the Wall Art in your personal surroundings. It is your responsibility the check the artwork carefully for any damage that might have been caused during transport and lodge any claims with the transport company immediately. All items are packed carefully, sent using registered post and are insured against loss or damage. Binke Photographic Art will not accept any responsibility for any damage during transport. Under no circumstances are photographs to be copied, reproduced, resold or published in any media, including providing them for download over the internet. You agree to indemnify and hold Binke Photographic Art, its employees, directors and suppliers harmless against any damages or liability or any kind arising from any use of the photographs other than the uses expressly permitted by this agreement. Neither Binke Photographic Art or any of its directors and employees shall be liable for any damages, whether direct, indirect, consequential, or incidental, arising out of the use of, or the inability to use any photograph or photographs.  This agreement shall be governed by the laws of Australia. Binke Photographic Art makes no representations or warranties whatsoever with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in any photograph. Binke Photographic Art respect and are committed to protecting your privacy. We will never pass on your personal details to any other entity. We believe your private details should remain so, and we guarantee that when you share confidential information with Binke Photographic Art it will not be shared with anyone else. Important Medical Information for Baby Photo-shoot: By booking a photo shoot you understand and accept that you and your baby needs to have completed some form of baby swimming program and has to be comfortable in water and able to perform a minimum of 6 to 8 short submersions (i.e. have sufficient respiratory strength through prior training). Younger babies will naturally do fewer submersions. We reserve the right to cut the photo shoot short should your baby be considered distressed or not fit enough to complete the session.

Booking Procedure

A retainer fee is required to reserve the dates and times of the EVENT(S). If the EVENT(S) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the client, the retainer fee is non-refundable and shall be liquidated damages to Binke Photographic Art. The client shall also be responsible for payment for any of the Binke Photographic Art's materials charges incurred up to time of cancellation.

Gift Certificate

Within the validity period it can be used to make any number of separate bookings or Wall Art up to the value of the certificate, or above the value - in which case the recipient needs to make up the difference. Additional values cannot be added to an existing card; however, additional certificates can be purchased. Gift Certificates are valid for a for the exact period stated on the gift certificate. Gift Certificates must be redeemed in full within the validity period; any unused balance will not be refunded or credited on expiry. Gift Certificates are transferable and be treated like cash; defaced, mutilated, altered, lost or stolen vouchers will not be replaced, refunded or redeemed. A non-refundable $100 Deposit is required using any of our Gift Certificates to secure your booking and can be used towards our products in your Design Consultation. The Gift Certificates cannot be used in conjunction with any other offer. The Gift Certificate includes One Purchasing Session per sitting where all decision makers must be present together with our Design Consultant. We reserve the right to change any terms contained in the Terms of Use at any time. Changes to Terms of Use will be available on the website or call Binke Photographic Art for more information. Bookings must be made in advance, directly through Binke Photographic Art and are subject to availability. Appointments are limited and subject to availability.

Contact

By using the Sites and entering personal information, you give Binke Photographic Art permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new Products and services or changes to the terms of the privacy policy. Should you prefer not to be contacted by e-mail, please let Binke Photographic Art know by emailing us here, and we will kindly refrain from doing so.

Intellectuall Property License

Binke Photographic Art owns all intellectual property rights in (a) all text, logo, photographs, headers, trademarks, service marks, design elements, and all other protected elements on the Sites (except those licensed from others); (b) any Products and portions, therefore; (c) all things otherwise provided to you as a part ofBinke Photographic Art services, and; (d) any other intellectual property rights afforded Binke Photographic Art, either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated below, Binke Photographic Art does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Sites. You agree not to make unauthorized use of or otherwise infringe upon Binke Photographic Art Intellectual Property in any way, and understand that it is your responsibility to ensure you refrain from doing so. Binke Photographic Art will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms. So long as you comply with this Terms of Use, Binke Photographic Art you a non-exclusive, non-transferable license to view the Products you purchase solely for your personal use with respect to your photography clients or similar business use, and which is not to include any reproduction, copying, or any other use of the Products for resale or distribution (“Permitted Use”), provided that you: (1) abide by all copyright protections afforded to the Products, both as formally registered with the Australian Copyright Act 1968 and as otherwise provided by law; (2) abide by all trademark protections afforded to the Products, both as formally registered with the IP Australia and Trademark Office, a state trademark authority, or as otherwise provided by common law; (3) do not use the Products or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and (4) do not modify the Products in any way beyond edits and completions necessary to complete template forms and other Products consistent with Permitted Use provided by these Terms. Such permission to modify Products consistent with Permitted Use in no way expands the limited license provided herein, nor does grant you intellectual property ownership in, or provide a general right to modification of, the Products. Binke Photographic Art is not liable for any loss or damage to

Return/Refund Policy

You acknowledge that all Deposits, Products and materials are non-refundable and not returnable, under any circumstances. All sales are final.

No Warranties

Products are provided “AS IS”. Binke Photographic Art offers no warranties, explicit or implied, regarding any forms or templates, the accuracy of any information, or any right or license under this agreement including, without limitation, any warranties of merchantability or fitness for a particular purpose. Obtaining materials available through the site is done at your own discretion and at your own risk. Binke Photographic Art makes no warranty that the sites, products or materials will be accurate and reliable in all instances.

Limitation of liability and indemnfication

Except as prohibited by law, Binke Photographic Art shall not be liable toyou or any other person or entity for any general, punitve, special, indirect, consequentalor incidental damages or lost profits or any other damages, costs or losses srising out of your use of the website, materials or products, including attorney's fees and related expenses of ligitation andarbitration, except as prohibited by law, to the extent there is liability found to Binke Photographic Art, such recovery is limited to the amount you paid for materials, products and services.

Payment Plans

Paysmart

The flexible PaySmart Pty Ltd System which is a simple direct debit payment system that allows Australian and New Zealand businesses to collect and manage subscription or periodical payments. The Artwork will be delivered only after full payment is made.

Oxipay

Oxipay is a direct debit retail payment plan facilitated byOxipay Pty Ltd ABN22 129 228 959
To use Oxipay you need to meet the criteria below:
* Don't already have an agreement with Oxipay or Certegy
* Work fulltime (30 hrs/week) or be an Aged or Veteran Pensioner
* Be over 18 years of age & live in Australia with suitable Photo ID
* Have a bank account or credit card
* required deposit of 33% will secure instalment for repayment at delivery

Binke Photographic Art full Privacy Policy

Plain language

Binke Photographic Art promises to respect your privacy! We will never send you unsolicited ‘junk’ email, or share your data with anyone else who might. If you have any concerns at all please contact us and we will address them quickly and seriously.

Privacy Statement

Binke Photographic Art is committed to protecting your privacy. We promise to keep all the information that you share with us confidential. We only collect personal information from customers in order to process billing, fulfil orders and provide a personal and customised shopping experience. We do not share your information with any outside parties.

Privacy Policy Changes

If we modify this policy, we will post a notice on our Web site.

Updating Personal Information

If the personal information we’ve gathered from you changes or you no longer desire our service, we will gladly correct, update, or remove any personal data you have previously provided to us.
* To request a change or removal of your personal information when you have an account registered on this website you may amend your own details via the Your Account button in the menu bar.
* To amend your details at our head office, send e-mail to info@steffenbinke.com
All members of theBinke Photographic Art network of websites agree to follow our rigorous privacy policy, meaning that in addition to our general policy stated above we adhere to the full terms below. Binke Photographic Art complies fully with Australian Data Protection law which requires “Member States to protect the fundamental rights and freedoms of natural persons, in particular their right to privacy with respect to the processing of personal data”, as implemented by the Australian parliament in the 1988 The Privacy Act (DPA). The DPA regulates what we may do with the data we collect, and because Steffen Binke Photography wants to demonstrate our commitment to your privacy we go beyond our statutory requirements in implementing our privacy policy.Binke Photographic Art complies with Australian principles of data protection, that is to say, the data must be:
* fairly and lawfully processed;
* processed for limited purposes;
* adequate, relevant and not excessive;
* accurate;
* not kept longer than necessary;
* processed in accordance with the data subject’s rights;
* secure;
* not transferred to countries without adequate protection.

Information Collection and Use

Binke Photographic Art is the owner of the information collected on all of Steffen Binke Photography own sites. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement and our data protection registration.Binke Photographic Art collects information from our users at several different points on our websiteBinke Photographic Art partner companies may also collect their own information, on their own or co-branded sites. But allBinke Photographic Art partners agree to abide by the same terms and conditions, and will not use your information for purposes other than those clearly stated at the point of their collection or in their own clearly identified Terms & Conditions section.

Registration

In order to use some facilities on this website, a user must first complete a registration process. During registration, a user is required to give their contact information (such as name, address, phone number and email address). This information is used to contact the user about the services on our site for which they have expressed interest.

Order

Here a user must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill customer’s orders. If we have trouble processing an order, this contact information is used to get in touch with the user. This information may be stored and used for the use of customer service representatives providing users with the service they require.

Cookies

A cookie is a piece of data stored on the user’s computer containing information about the user. Cookies are used throughout our sites for enhancement of the user experience. Some parts of our site may not work without cookies turned on, other parts will function as normal. Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies.

Log Files

We use IP addresses to analyse trends, administer the site, track users’ movement, and gather broad demographic information for aggregate use.

Sharing

We will share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person. We use outside shipping companies to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes. We partner with another party to provide specific services. When the user signs up for these services, we may share names or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.

Links

This website contains links to other sites. Please be aware that Binke Photographic Art is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by Binke Photographic Art Web sites.

Newsletter

If a user wishes to subscribe to our newsletters, we ask for contact information such as name and email address.

Surveys & Contests

From time-to-time, our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user, therefore, has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site. Contact information will be used to notify the winners and award prizes. It will be used for further marketing purposes only if the user has specifically opted to accept such communications.

Security

This website takes every precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected both online and off-line by our practices as well as Australian law. When our registration/order form asks users to enter sensitive information (such as credit card number), that information is encrypted and is protected with the best encryption software in the industry - SSL. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when you are just ’surfing’. While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our users’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. ALL employees are kept up-to-date on our security and privacy practices. Every quarter, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our customers’ information is protected. Finally, the servers that we store personally identifiable information on are kept in a secure environment, in a locked and alarmed area. If you have any questions about the security at our website, you can send an email to info@steffenbinke.com. However, we reserve the right not to reveal detailed information about our security measures, since this might itself compromise our security.

Supplementation of Information

In order for this website to properly fulfil its obligation to our customers, it may be necessary for us to supplement the information we receive with information from 3rd party sources. For example, as a routine or extraordinary check during order processing, we may use their name and address to request a credit report.

Site and Service Updates

We also send the user site and service announcement updates. Members are not able to un-subscribe from service announcements, which contain important information about the service. We communicate with the user to provide requested services and in regards to issues relating to their account via email or phone. But we will do only occasionally, as necessary.

Notification of Changes

If we decide to change our privacy policy, we will post those changes on our Homepage so our users are always aware of what information we collect, how we use it, and under circumstances, if any, we disclose it. We will use information in accordance with the privacy policy and data protection laws of Australia.

GOVERNING LAW; VENUE

These Terms shall be construed in accordance with, and governed in all respects by, the laws of the Commonwealth of Virginia. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for the City of Manassas, Virginia. TheLawTog reserves the right to change or modify these Terms at any time without notice to You. Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of Binke Photographic Art's Products, Materials and services. Any questions regarding the above Terms may be directed to:
info@steffenbinke.com
Get in touch
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