1. Dictionary
“Booking” means an order placed either via our Website or via email to purchase our Services.
“Enquiry” means an enquiry of our Services made either via the enquiry form on our Website or by contacting us directly via email or telephone.
“Customer”, “you” and “your” refers to the purchaser of any Services via our Website or via email.
“Deposit” means a non-refundable payment of 50% of the total Invoice. The Deposit operates as a retainer, securing MBBT’s services and time allocation for the project.
“Invoice” means an invoice which sets out the Services, our fees and the relevant payment dates.
“Major Edit” means facial and body shape modifications including face slimming, change in facial and body structure, change in hair style and colour, change in height, change in eye colours and shape. It also means any changes to historical buildings, architectural structures, environmental modifications which are of significance to the location.
“MBBT” means Rebecca Tang or Rebecca Tang trading as Moments By Bec Tang (ABN 68 608 765 458).
“Retouching” means the correction of minor imperfections, including but not limited to: removal of stray hairs, blemishes, evening of skin tone and texture (including under-eye discolouration), reduction of clothing creases or wrinkles, and removal of minor distracting background elements.
“Services” include any services available for purchase on the Website.
“Signature Edit” means colour grading, tone adjustment and cropping of photographs. Signature Edit does not include Retouching.
“Terms & Conditions” means these terms and conditions as amended from time to time.
“Website” means the website owned by MBBT which sells photography services.
“Work” means all photographs taken by MBBT including negatives, proofs or prints and any footage or audio recordings taken by MBBT.
“Us”, “we” and “our” refers to MBBT including any subsidiaries, assignees and trustees.
2. About Our Website
This Website is owned and operated by MBBT. The use and access of our Website and any Products and Services are provided MBBT and we strongly recommend that you read our Terms and Conditions carefully. We reserve the right to update and amend our Terms and Conditions at any time at our sole discretion.
By continuing to use, browse or make an Enquiry or Booking with us via our Website or by contacting us directly, you acknowledge that you have read our Terms and Conditions and agree to be bound by it. Our Terms and Conditions will form a legal contract between you and MBT with respect to the supply of the Services by MBT.
By accessing and using our Website, you acknowledge that you are at least 18 years of age, that you have read and understood the Terms and Conditions and agree to be bound by each and every one of them, have the authority to be bound to these Terms and Conditions.
MBBT does not warrant that its Website or any affiliated websites, are virus free, or free from any error, or defect, and MBT will not be held liable for any loss or damage suffered by you as a result of such use, to the extent allowed by law. In any event, our liability for such loss and damage is limited to $500.00.
3. Enquiries and Bookings
To make a Booking, you must submit an enquiry via the enquiry form on our Website.
As part of the Enquiry process, you are required to provide your personal details such as your name, email address, phone number and details about your enquiry. Upon receipt of your Enquiry, we will endeavour to respond to your via email within 3 business days.
An Invoice and a copy of our Terms of Service Agreement will be sent to you at the email address which you have provided on the Enquiry form after we have ascertained the Services you require.
Upon receipt of an Invoice from us, you have five (5) days to make a payment of the Deposit and return a signed copy of the Terms of Service Agreement to us via email.
Your session date will only be secured and confirmed after we have received the Deposit and our signed Terms of Service Agreement. If we do not receive payment of the Deposit and a signed copy of our Terms of Service Agreement within five (5) days of receiving the Invoice and Terms and Conditions, we will cancel your booking and vacate the session date to make it available for other clients.
We may in some circumstances and at our sole discretion, decide to reopen an expired Invoice. If your Invoice has expired for no more than 30 days since the date of issue and you wish to proceed with booking our Services as per the Invoice, please contact us directly on hello@momentsbybectang.com to discuss further.
4. Location
Our session will take place at an agreed location anywhere within a 25km radius from the Central Business District (CBD). A travel fee applies for any locations outside this radius, charged at $4.50 per additional kilometre. Travel fees for interstate or overseas bookings will be subject to MBBT's discretion.
5. Pricing
MBBT’s pricing will be provided to you upon submitting an Enquiry. It can also be accessed via the Website. Our pricing is updated from time to time at our sole discretion.
All pricing for our Services run in 1-hour increments and we do not charge in half hour increments.
If your shoot goes over the allocated time by less than 15 minutes, there will be no additional charges. However if your shoot goes over the allocated time by 15 minutes or more, an additional hour will be automatically charged to your account.
Examples:
Case A: Shoot is scheduled to finish at 3:00pm. Shoot goes on until 3:10. No additional hour is charged.
Case B: Shoot scheduled to finish at 3:00PM. We finish at 3:20. Additional hour is immediately charged after 3:15.
You acknowledge that the amount specified on your Invoice may be adjusted to reflect any additional Services requested by you or if the session exceeds the allocated time. In those circumstances, MBBT will issue a new invoice for any additional fees incurred.
Any additional fees incurred during or after your session will need to be paid in full before MBBT will release any photographs to you.
Any additional costs beyond those outlined in this agreement will be pre-approved by the Client in writing. No unapproved charges will be incurred without Client consent.
6. Discounts Upon Booking
Where a valid discount code is applied following the execution of this Agreement, the discounted rate will be honoured by MBBT on the first invoice issued pursuant to this Agreement.
Discount codes are valid only for the services or products expressly stated, are not transferable, and hold no cash value. Unless otherwise specified, discount codes are single-use, cannot be combined with other offers, and must be applied prior to payment of the relevant invoice.
Discount codes are subject to any stated expiry date and will not be accepted after the expiry of the promotional period. For clarity, no discount shall apply to any subsequent invoices, including but not limited to those relating to rescheduling, additional services, variations, or late fees.
7. Payments
An Invoice and a copy of our Terms of Service Agreement will be sent to you at the primary email address which you have provided on the Enquiry form after we have ascertained the Services you require.
All payments must be made in Australian Dollars (AUD) and are non-refundable unless expressly stated otherwise in writing by MBBT.
A 50% Deposit is due five (5) days upon receipt of the Invoice. The Deposit is non-refundable, and may be used as credit as covered under Clause 10 - Cancellation, Rescheduling and No Show, at MBBT’s sole discretion.
To confirm your booking, you must provide a payment of the Deposit and a signed copy of our Terms of Service Agreement. If we do not receive payment of the Deposit and a signed copy of our Terms of Service Agreement within five (5) days of receiving the Invoice and Terms and Conditions, we will cancel your booking and vacate the session date to make it available for other clients.
The balance of the Invoice and all additional fees (if any) will be due no later than ten (10) days after your scheduled shoot date.
Payments can be made via online card payment or electronic funds transfer (EFT). Your Invoice will include our bank account details for payment. MBBT reserves its rights to withhold the release of any photographs to you until our Invoice has been paid in full.
We may in some circumstances and at our sole discretion, decide to reopen an expired Invoice. If your Invoice has expired for no more than 30 days and you wish to proceed with booking our Services as per the Invoice, please contact us directly on hello@momentsbybectang.com to discuss further.
8. Cancellation, Reschedule and No Show
For any cancellation or reschedule requests received by MBBT no less 48 hours prior to your session date and time, the Deposit can be used as credit towards a new session date.
For any cancellation or reschedule requests received by MBBT within 48 hours of your session date and time, the Deposit will be forfeited and cannot be applied as credit towards a new session date. Additionally, you agree to pay a fee equivalent to 50% of the remaining balance to compensate for loss of opportunity and preparation costs. Subject to any pricing changes by MBBT, MBBT will issue a new Invoice for a new Deposit for a reschedule request and must be paid within five (5) days of receiving the Invoice.
The Rescheduled Date must be a date within 14 days of the original shoot date, unless agreed otherwise. Dates requested beyond this period may be treated as a new booking, subject to availability and pricing changes. The Rescheduled Date is not transferable to a different client, event, or project. It applies exclusively to the original session booked under this agreement. All originally agreed fees, terms and conditions will apply as if it were the original shoot date.
If you do not show up to your session, you acknowledge that you have forfeited your Deposit and the balance of the Invoice will be immediately due and payable as a No-Show Fee. If you arrive to your shoot 25 minutes late, MBBT will automatically consider that a No-Show and the clause will apply.
These clauses are not applicable if a Force Majeure Event outlined below applies. This will be at MBBT’s discretion and assessed on a case-by-case basis.
9. Force Majeure
Neither MBBT nor you will be liable for any delay or failure to perform under the Terms of Services Acceptance Agreement and Terms and Conditions, to the extent that such delay or failure is due to a Force Majeure Event.
A Force Majeure Event is an event outside of the control of either MBBT or you, and includes but not limited to the following:
Requests to invoke this clause must be made in writing and may require supporting documentation. Acceptance is at MBBT’s discretion.
10. Wet Weather Option
In the event of wet weather, MBBT will offer you the option to reserve a Wet Weather Hold Date at least one (1) week prior to the original shoot date, whereby a future date is preemptively held in case the original shoot date cannot proceed due to the weather conditions.
The Wet Weather Hold Date must be a date within 14 days of the original shoot date, unless agreed otherwise. Dates requested beyond this period may be treated as a new booking, subject to availability and pricing changes. The Wet Weather Hold Date is not transferable to a different client, event, or project. It applies exclusively to the original session booked under this agreement.
You must confirm whether to proceed with the original shoot date or activate the Wet Weather Hold Date by no later than 9:00 AM one (1) business day prior to the original shoot date. This decision should be based on mutual review of the weather forecast and feasibility of the shoot.
If the Wet Weather Hold Date is not used, no additional fees will apply.
If the shoot is moved to the Wet Weather Hold Date, all originally agreed fees, terms and conditions will apply as if it were the original shoot date.
Should you fail to confirm use of the Wet Weather Hold Date by the stated deadline, MBBT is not obligated to remain available for the hold date, and it may be released for other bookings.
11. Retouching and Editing
You understand and accept that, unless otherwise requested, all photographs taken by MBBT will be edited at MBBT’s discretion.
MBBT’s Signature Edit services are included in all packages and will be applied at MBBT’s absolute discretion. Additional Retouching can be provided upon request, at an additional fee. Requests to apply additional Retouching must be made within five (5) days of receiving the online gallery.
Any suggestions for editing and Retouching will be at MBBT’s discretion. MBBT will not accept any request for Major Editing (definition as outlined under Clause 1 - Dictionary).
12. Image Delivery
Additional fees will apply immediately for any requests to deliver all images prior to the agreed deadline, including any time required for additional editing or retouching (where applicable).
All images will be uploaded to our online gallery. You will be provided a private link to access this gallery for a period of one (1) year from the date the link is provided to you.
Once the link to the online gallery is provided to you, it is your responsibility to ensure that you access the online gallery, download and store all photographs within this period. It is strongly recommended that you create multiple backups of all your images upon downloading them. MBBT will not accept requests to renew access to the online gallery after the one (1) year period.
MBBT will not accept requests for RAW files. MBBT will not be liable for any loss of photographs after a copy of the same has been provided to you.
13. Use of Work by MBBT
You agree and accept that you grant MBBT non-exclusive, perpetual, royalty-free use of any photographs and/or footage taken as part of the Services provided to you, for marketing purposes including but not limited to posting to MBBT’s website, online portfolios and social media platforms.
If you do not wish for MBBT to use your photographs for the purposes as outlined above, you can elect to opt out. Any opt-out must also be received in writing and confirmed by MBBT to be valid.
14. Retention of Work
The negatives and digital files of the photographs will remain property of MBBT and will be stored by MBBT for a period of one (1) year from the delivery date. After the one (1) year period, MBBT has no obligation to retain any copies or originals of any photographs from your session.
15. IP and Copyright
Our Website and all our Work are protected by copyright under Australian law and relevant international treaties.
Unless otherwise agreed with MBT, the copyright and ownership of all Work is owned by MBT.
Permitted Use (Non-Commercial Bookings)
Upon receipt of full payment of MBBT’s Invoice in relation to the Services provided to you, MBBT grants you the following limited permission to use the photographs delivered as part of the Services for the following purposes only:
Permitted Use (Commercial Bookings)
MBBT grants you the limited permission to use the photographs delivered as part of the Services for the purposes as agreed upon booking.
The above clause is subject to the photographs remaining unaltered and photo credit is explicitly given to MBBT at all times.
You must not deal with MBBT’s Work in any other way - including but not limited to publishing, copying, printing, selling, altering, transmitting and authorising someone else to do these acts (which are acts exclusively reserved to MBBT as the copyright owner) - without prior written permission from MBBT. Any such acts without MBBT’s prior permission will result in copyright infringement.
MBBT reserves all available rights to pursue legal action against any person who has infringed MBBT’s copyright over any Work.
If you are unsure of what you can or cannot do with the contents sourced from our Website or with any Work MBBT has completed for you, please contact us directly on hello@momentsbybectang.com to discuss further and seek legal independent advice.
16. Warranty and Release
You warrant that you have obtained consent from all persons subject to the Services which you have engaged MBBT for and will indemnify, release and discharge MBBT from all disputes, claims and demands arising from and/or in connection with the use of MBBT’s Work and all photographs released to you, including any claims for invasion of privacy.
In continuing to use our Website and Services, you agree to indemnify MBBT, its directors, officers, employees and associated entities from any claims, actions or liabilities resulting from or allegedly resulting from a violation of our Terms and Conditions, caused by your reliance on any images, information or material posted on our Website.
17. Limitation of Liability
MBBT’s total liability to you in connection with these Terms and Conditions and your purchase of Services shall not exceed the total price paid by you to MBBT for the purchase of Services.
If for any reason, MBBT is unable to fulfil a booking which you have paid for in full (in cleared funds), our liability in relation to any claims you may have arising out of or in connection with our failure to fulfil the order, including any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, including but not limited to any loss or profit, any loss of goodwill or business reputation, costs of procuring substitute goods or other intangible loss, is strictly limited to $500.00.
18. Debt Collection and Interest
From time to time, payments may not have cleared or may be reversed either by you or your bank after the Services have been provided. Should that occur, MBBT will notify you and provide an outstanding invoice which will require full payment of the outstanding invoice within 48 hours of our request.
If our Invoice is not paid within 48 hours of our notice, MBBT reserves all rights to retain ownership and copyright of all photographs and refer your outstanding Invoice to its debt collection agents/lawyers to recover the sum owing to MBBT.
MBBT will also charge you interest at the rate of 5% on top of the rate fixed by the Reserve Bank of Australia, from the date the Invoice becomes due and payable.
19. Termination of Agreement
The agreement between you and MBBT shall be effective from the date the Terms of Service Agreement is signed and can be terminated by mutual agreement between the parties. Any party intending to terminate the agreement must provide written notice to the other party stating the reasons for termination and allow 14 days for the other party to respond. MBBT may otherwise terminate the agreement by providing written notice to you, in the event that there has been a breach of the Terms and Conditions by you.
20. Jurisdiction
The Terms and Conditions are governed by the laws of Victoria, Australia.
This Privacy Policy applies to www.momentsbybectang.com (“Website”) and Rebecca Tang and Rebecca Tang trading as Moments by Bec Tang (ABN 68 608 765 458) (“MBBT”) currently of 7 Sand piper Grove, Maribyrnong VIC 3032.
MBT understands the importance of your privacy and confidentiality of your personal information. MBT is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your personal information.
What is Personal Information?
“Personal information” means information or an opinion about an identified individual, or an individual who is reasonably identifiable in accordance with the Australian Privacy Principles (“APPs”) set out under the Privacy Act 1988 (Cth) (“Privacy Act”).
The types of Personal Information that MBT will collect and use includes names, contact details (including email addresses, telephone numbers, residential and delivery addresses), information to identify you, payment and transaction details/history, records of your communications and interactions with us (including email and telephone) and details/history of purchases, preferences, interests and behaviour relating to transactions, products, services and activity with our digital services.
We do not collect your financial information or retain credit card numbers used to purchase any products or services available for purchase as this information is collected by a financial institution that has their own privacy policy. If you receive a request to provide sensitive Personal Information (for example, your credit card details) in an email, do not provide this information because the request may be fraudulent. You can help us identify attempts at fraud by contacting us if anything suspicious occurs.
Why do we collect Personal Information?
During the course of our business, we may collect your Personal Information from you in connection with administering, improving, personalising and providing our products and services, and to support our business functions. We usually collect Personal Information directly from you such as when you contact us by phone or email or make a purchase from our Website.
The reasons why we collect Personal Information may include:
We may also use your Personal Information for other purposes which are related to those listed above and which will be made clear to you at the time we collect that information, or for such purposes as may be required or permitted by law.
Is your Personal Information secure?
We take reasonable steps to ensure your Personal Information is stored in a manner that protects it from misuse, interference, loss and unauthorised access, use, destruction, modification or disclosure. However, as data transmission over the internet is not completely secure, any Personal Information you send to us over the internet will be sent at your own risk.
Cookies
Cookies are simple text files that are stored on your computer or mobile device by a website’s server. Each cookie is unique to your web browser. It will contain some anonymous information such as a unique identifier, website’s domain name and some digits and numbers.
While cookies may enable us and third-party services to collect aggregated data for statistical purposes on how you use the Website, these cookies do not contain Personal Information and are used to offer you the best possible experience when accessing and navigating our Website and using its features. Your browser may allow you to disable cookies or inform you whenever cookies are transmitted.
Your rights of access and correction
The accuracy of your personal information is important. We take reasonable steps to ensure personal information we hold about you is accurate, complete, up-to-date, relevant and not misleading. If you believe that any personal information we hold about you is incorrect, please contact us on 0433 305 600 or hello@momentsbybectang.com between Monday to Friday, 8:00am to 5:00pm.
When making an access and correction request, please provide as much detail as you can about the particular information you seek, in order to help us retrieve it. If we refuse your request, we will provide a written response outlining our reasons pursuant to the Privacy Act and other relevant laws.
Changes to this Privacy Policy
We reserve the right to change this Privacy Policy from time to time. If we change this Privacy Policy, we will post a copy of the updated Privacy Policy on this Website and your continued use of this Website following that posting will constitute your acceptance of the terms of the updated Privacy Policy.
Contact Us
Please contact us to find out more about our procedures and policies in relation to the collection, use, storage and handling of Personal Information.
If at any time you wish to know what information we are holding about you, believe we may hold information about you which is incorrect/out of date, would like to request we delete your Personal Information, or you have any questions about our Privacy Policy, please contact us at:
Moments By Bec Tang
7 Sand piper Grove
Maribyrnong VIC 3032
Email: hello@momentsbybectang.com
Phone: 0433 305 600
If you still require further information, then you should contact the Office of the Federal Privacy Commissioner whose details follow:
The Federal Privacy Commission
GPO Box 5218
Sydney NSW 1042
Website: www.privacy.gov.au
Phone: Privacy Hotline on 1300 363 992