Christine Arnaldi - Terms of Use

WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website

1.1. Welcome to www.retroportraits.com.au (the 'Website'). The Website provides information regarding our business, services, and online portfolio (the 'Services').

1.2. The Website is operated by Christine Arnaldi trading as Retro Portraits (ABN 93 004 346 394) ("we", "us", or "our"). Access to and use of the Website, or any of its associated Products or Services, is provided by us. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, you signify that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.

1.3. We reserve the right to review and change any of the Terms by updating this page at our sole discretion. Any changes to the Terms take immediate effect from the date of their publication on the Website.

2. Acceptance of the Terms

You accept the Terms by remaining on or continuing to browse the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you in the user interface.

3. Copyright and Intellectual Property

3.1. The Website, the content, (including but not limited to media showcases, text, graphics, logos, button icons, video, images, audio clips, code, scripts, design elements and interactive features) and all of the related materials are subject to copyright and intellectual property rights under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website are owned or controlled for these purposes and are reserved by us or our contributors.

3.2. All trademarks, service marks and trade names are owned, registered and/or licensed by us, and we grant you a worldwide, non-exclusive, royalty-free, revocable license to:

(a) access and use the Website pursuant to these Terms;

(b) store temporary copies of the Website and its contents in your web browser's cache memory solely for personal viewing purposes.

3.3 We do not grant you any other rights whatsoever in relation to the Website or its content. All other rights are strictly reserved. You may not download, screenshot, reproduce, adapt, republish, broadcast, upload, transmit, post or distribute any media, text, or content from this Website without our prior written authorisation.

3.4. We retain all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you any:

(a) business name, trading name, domain name, trademark, patent, registered design or copyright, or

(b) any right to use or exploit a business name, trading name, domain name, trademark or copyrighted material.

4. Privacy

We take your privacy seriously. Any personal information provided through your use of the Website and/or Services is handled in accordance with our Privacy Policy, which is available on the Website.

5. General Disclaimer

5.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

5.2. Subject to this clause 5, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(b) we will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

5.3. Use of the Website and its content is at your own risk. Everything on the Website is provided to you "as is" and "as available" without warranty or condition of any kind. None of our affiliates, directors, officers, employees, agents, contributors or licensors make any express or implied representation or warranty about the content or any products or services referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, or its content;

(d) the content or operation in respect to links which are provided for your convenience.

6. Limitation of liability

6.1. Our total liability arising out of or in connection with the Website, the content or these Terms, however arising, including under contract, tort, negligence, in equity, under statute or otherwise, will not exceed the resupply of the relevant information or Services to you.

6.2. You expressly understand and agree that we, our affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages. This includes, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss arising from your use of the Website.

7. Termination and Access Restrictions

7.1. These Terms will continue to apply until terminated by either you or us as set out below.

7.2 You may terminate these Terms at any time simply by ceasing usage of the Website and its Services.

7.3. We reserve the right to suspend, discontinue or terminate your access to the Website or Services, any part of the Services or any private client galleries or portals at any time, and in our sole discretion, without notice if:

(a) you breach any provision of these Terms or applicable laws;

(b) your conduct impacts our business reputation or rights; or

8. Indemnity

8.1. You agree to indemnify us, our affiliates, employees, agents, contributors, third-party content providers or licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use or access to the Website; or

(b) any breach by you of these Terms.

9. Dispute Resolution

9.1. Compulsory Notice: If a dispute arises out of or relates to these Terms, neither party may commence any Tribunal or Court proceedings in relation to the dispute, unless this clause has been complied with (except where urgent interlocutory relief is sought).

9.2. Notice: A party claiming a dispute ('Dispute') has arisen must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

9.3. Resolution: On receipt of that notice ('Notice'), the parties must:

(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation;

(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of New South Wales or their nominee;

(c) share equally the liability for the fees and reasonable expenses of the mediator and venue, with each party paying their own legal costs associated with the mediation;

(d) Conduct the mediation in New South Wales, Australia.

9.4. Confidentiality: All communications concerning negotiations arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

9.5. Termination of Mediation: If 3 weeks have elapsed after the commencement of mediation and the Dispute has not been resolved, either Party may request the mediator to terminate the mediation, and the mediation process shall cease.

10. Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. In the event of any dispute arising out of or in relation to the Website or Services, you agree that the exclusive venue for resolving any dispute shall be the courts located in New South Wales, Australia.

11. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the remaining provisions of the Terms shall remain in full force and effect.

Last Updated: July 2026

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