Terms & Conditions
01. Introduction & Business Identification
These Terms and Conditions govern the use of this website (www.rodsellphotography.online), as well as all inquiries, commissions, fine art print purchases, and digital image licensing provided by Rod Sell Photography (ABN 92 807 633 613), based in Southern New South Wales, Australia.
By accessing this website, placing an order, or commissioning photographic services, you acknowledge and agree to be bound by these terms. If you do not agree, please refrain from using the site or purchasing materials.
02. Copyright & Intellectual Property
All photographs, digital images, text, graphics, and design elements featured on this website are the original artistic works of Rod Sell and are protected under the Australian Copyright Act 1968 (Cth) and international copyright treaties.
Unless explicitly authorised in writing by Rod Sell Photography:
- You may not scan, copy, reproduce, duplicate, reprint, or redistribute any photograph in any form.
- You may not use any image for commercial purposes, advertising, merchandise, resale, or sub-licensing.
- You may not enter any photograph into competitions, exhibitions, or award programs.
- You may not feed, scrape, or incorporate any images or text from this website into Artificial Intelligence (AI) models, machine learning datasets, or automated generative algorithms.
03. Fine Art Prints, Pricing & Orders
All prices quoted on this website, in correspondence, or on invoices are in Australian Dollars (AUD). Where applicable, prices are inclusive of or clearly note Goods and Services Tax (GST) in compliance with Australian taxation requirements.
Fine art prints are produced to high archival standards using quality fine art papers and pigment inks. Because colour rendering varies between computer monitors, mobile devices, and physical print media, minor variations in tone, colour balance, and saturation between the screen preview and the finished physical print are normal and accepted characteristics of fine art reproduction.
04. Packaging, Shipping & Transit Damage
Prints are packaged securely using protective archival sleeves and rigid tubes or reinforced flat packaging to prevent bending. Deliveries are fulfilled through reputable carriers (such as Australia Post or registered couriers) with tracking provided where available.
Inspection upon delivery: Please inspect your parcel promptly upon arrival. In the unlikely event that your print arrives damaged in transit:
- Notify Rod Sell Photography via email at rodsellphotography@gmail.com within 7 business days of delivery.
- Include clear photographs of the damaged packaging and the damaged print, along with your order details.
- Upon verification, a replacement print will be produced and dispatched at no additional charge, or a refund issued in accordance with Australian Consumer Law.
05. Australian Consumer Law, Refunds & Returns
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL) (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
06. Digital Image Licensing
Where digital files are provided or sold, they are supplied under a non-exclusive, non-transferable licence strictly for the scope agreed upon:
- Personal / Private Licence: Permits display on personal electronic devices (e.g. desktop wallpaper) or personal non-commercial social media profiles with mandatory creator credit (Photo by Rod Sell Photography). Commercial use, print reproduction, distribution, and re-selling are strictly prohibited.
- Commercial Licensing: Requires an express, written Commercial Licence Agreement specifying permitted media, territory, duration, and print runs. Commercial rates apply.
07. Commissions & Photographic Services
For commissioned photographic sessions, events, rodeo coverage, or commercial shoots:
- A deposit or booking fee may be required to secure shoot dates.
- Weather & Rescheduling: Outdoor landscape, rodeo, and astro sessions depend heavily on weather and atmospheric conditions. Rod Sell Photography reserves the right to postpone or reschedule outdoor sessions to ensure safety and quality imagery without financial penalty.
- Arena & Wildlife Safety: During rodeo, event, and wildlife shoots, the photographer adheres strictly to safety boundaries and local regulations. The photographer reserves the right to cease shooting if safety is compromised.
08. Privacy & Communications
Rod Sell Photography respects your privacy and complies with the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth):
- Contact information (such as your name, email address, phone number, and delivery address) submitted through this website or in direct correspondence is collected solely for fulfilling orders, answering inquiries, and coordinating photography sessions.
- Your personal information is never sold, leased, or traded to third parties.
- If you subscribe to updates or newsletters, you may unsubscribe at any time by contacting us directly.
09. Limitation of Liability & Disclaimers
While every effort is made to maintain accurate information and continuous availability of this website, we do not warrant that the website will always be error-free or uninterrupted.
To the maximum extent permitted by Australian law, Rod Sell Photography shall not be liable for any indirect, incidental, special, or consequential damages resulting from the use or inability to use the site, print delays caused by postal disruption, or third-party services.
10. Governing Law & Jurisdiction
These Terms and Conditions are governed by and construed in accordance with the laws of the State of New South Wales and the Commonwealth of Australia. Any disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.
11. Contact & Inquiries
For any questions regarding these Terms and Conditions, print orders, or commercial licensing, please contact:
Rod Sell Photography
ABN: 92 807 633 613
Southern New South Wales, Australia
Email: rodsellphotography@gmail.com
Website: www.rodsellphotography.online