Terms of service

OVERVIEW
Welcome to Peter Sutherland! The terms "we", "us" and "our" refer to Peter Sutherland. Peter Sutherland operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Peter Sutherland is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services. 

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Peter Sutherland reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Peter Sutherland confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Peter Sutherland may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy. 
You represent and warrant that you are authorised to make purchases using the payment method provided.

SECTION 4 - PRICES AND BILLING
Prices are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges. 
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorised to use such payment method for the purchase, (iii) charges incurred by you will be honoured by your payment provider, and (iv) you will pay charges incurred by you at the posted prices, including any applicable taxes and shipping charges where applicable.

SECTION 5 - SHIPPING AND DELIVERY
Delivery timeframes are estimates only and may be affected by factors outside our control, including carrier delays and customs processing. We work with trusted delivery partners to ensure your order arrives safely and on time. If your order is delayed or lost in transit, please contact us at info@peterjsutherland.com and we will work with you to resolve the issue promptly.

SECTION 6 - INTELLECTUAL PROPERTY
Our content, including but not limited to all trademarks, brands, text, displays, images, graphics, video, and audio, and the design, selection, and arrangement thereof, are owned by Peter Sutherland or its licensors and are protected by Australian and international copyright and intellectual property laws. These Terms permit you to use our content for your personal or professional use, excluding unauthorised commercial reproduction or resale. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from this site without our prior written consent. Unauthorised use may constitute a violation of Australian Commonwealth and state intellectual property laws. All rights not expressly granted are reserved by Peter Sutherland.
Peter Sutherland's names, logos, product and service names, designs, and slogans are trademarks of Peter Sutherland or its affiliates or licensors. You must not use such trademarks without the prior written permission of Peter Sutherland. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 8 - RELATIONSHIP WITH SHOPIFY
Peter Sutherland is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Peter Sutherland. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Peter Sutherland, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Peter Sutherland.

SECTION 9 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy for more details on how we, Shopify, and our partners use your personal information.

SECTION 10 — FEEDBACK & COLLECTOR SUBMISSIONS

We welcome feedback, testimonials, and photographs of our work in your home. If you choose to share any content with us — including images, quotes, or reviews — you grant Peter Sutherland a non-exclusive, royalty-free licence to use, reproduce, and display that content across our website and marketing materials, with appropriate credit where possible.

You represent that you own the rights to any content you submit and that it does not infringe the rights of any third party. We reserve the right to decline or remove any submission at our discretion.

We are not obligated to respond to, compensate for, or publish any submitted content.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 12 - ACCEPTABLE USES 

You may access and use this website for lawful purposes only. You may not:

— Use this site for any unlawful, harmful, or fraudulent purpose
— Infringe upon our intellectual property rights or those of others
— Transmit false or misleading information
— Reproduce, copy, or exploit any content from this site without our prior written consent
— Use automated tools to scrape, extract, or harvest content or data from this site

We reserve the right to restrict or terminate access to this site at our discretion if these terms are violated

SECTION 13 - AGENTS
13.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using persons device, without direct supervision.
13.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 13.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
13.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
13.4 Automated software, bots, or AI agents may not access, use, or interact with this website without our prior written consent. Any automated access must identify itself as such and comply with any restrictions we impose. We reserve the right to block or restrict automated access at our discretion.

SECTION 14 - TERMINATION
We reserve the right to restrict or terminate access to this website at our discretion, including in cases where these Terms have been violated. Any obligations arising prior to termination remain in effect, including payment for orders placed.*

Provisions relating to intellectual property, feedback, disclaimers, limitation of liability, and governing law will continue to apply following any termination.

SECTION 15 - DISCLAIMER OF WARRANTIES
While we take care to ensure the accuracy of information on this website, we do not warrant that all content is complete, current, or error-free. We are not liable for any reliance placed on website content beyond what is expressly stated in your order confirmation. We do not guarantee uninterrupted or error-free access to this website. Planned or unplanned maintenance may occasionally affect availability. Nothing in these Terms excludes, restricts, or modifies any rights or remedies you have under the Australian Consumer Law, which cannot be excluded by agreement.

SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent permitted by Australian law, Peter Sutherland's liability in connection with any purchase or use of this website is limited to the value of the order placed. We are not liable for any indirect, incidental, or consequential losses arising from your use of this website or any product purchased through it, including but not limited to losses arising from delivery delays, colour variation between screen display and printed output, or errors in website content.

Nothing in these Terms limits your rights under the Australian Consumer Law, including your right to a remedy for faulty or misdescribed goods.

SECTION 17 - INDEMNIFICATION
You agree to indemnify and hold harmless Peter Sutherland and Shopify from any losses, damages, or claims, including reasonable legal costs, arising from your breach of these Terms, your violation of any law, or your misuse of this website or any product purchased through it.

We will notify you promptly of any such claim and may manage the defence of that claim, though we will not settle any claim that imposes obligations on you without your consent.

SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia. You and Peter Sutherland consent to venue and personal jurisdiction in such courts. 

SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@peterjsutherland.com.
Our contact information is posted below:
Peter J Sutherland Photography 
info@peterjsutherland.com
ABN: 54047329604