BLOWFLY HILL PHOTOGRAPHY
Please read this agreement carefully as it governs your use of Blowfly Hill Photography (on this website). By accessing the site and using its service you agree to the Privacy Policy as stated below.
PRIVACY POLICY
Last updated: 30th March 2026
This Privacy Policy applies to all personal information collected by Blowfly Hill Photography via the registration form provided.
1. What is "personal information"?
(a) The Privacy Act 1988 (Cth) currently defines "personal information" as meaning information or an opinion about an identified individual or an individual who is reasonably identifiable:
(i) whether the information or opinion is true or not; and
(ii) whether the information or opinion is recorded in a material form or not.
(b) If the information does not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as "personal information" and will not be subject to this privacy policy.
2. What information do we collect?
The kind of personal information that we collect from you will depend on how you use the website. The personal information which we collect and hold about you may include: name, address, email address, phone number, payment details.
3. How we collect your personal information
(a) We may collect personal information from you whenever you input such information into the website.
(b) We also collect cookies from your computer which enable us to tell when you use the website and also to help customise your website experience. As a general rule, however, it is not possible to identify you personally from our use of cookies.
4. Purpose of collection
(a) The purpose for which we collect personal information is to provide you with the best service experience possible on the website.
(b) We customarily disclose personal information only to our service providers who assist us in operating the website. Your personal information may also be exposed from time to time to maintenance and support personnel acting in the normal course of their duties.
(c) By using our website, you consent to the receipt of direct marketing material. We will only use your personal information for this purpose if we have collected such information direct from you, and if it is material of a type which you would reasonably expect to receive from us. We do not use sensitive personal information in direct marketing activity. Our direct marketing material will include a simple means by which you can request not to receive further communications of this nature.
5. Access and correction
Australian Privacy Principle 12 permits you to obtain access to the personal information we hold about you in certain circumstances, and Australian Privacy Principle 13 allows you to correct inaccurate personal information subject to certain exceptions. If you would like to obtain such access, please contact us as set out below.
6. Complaint procedure
If you have a complaint concerning the manner in which we maintain the privacy of your personal information, please contact us as set out below. All complaints will be considered by Rohan Rogers and we may seek further information from you to clarify your concerns. If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner.
7. Overseas transfer
Your personal information may be transferred overseas or stored overseas for a variety of reasons. It is not possible to identify each and every country to which your personal information may be sent. If your personal information is sent to a recipient in a country with data protection laws which are at least substantially similar to the Australian Privacy Principles, and where there are mechanisms available to you to enforce protection of your personal information under that overseas law, we will not be liable for a breach of the Australian Privacy Principles if your personal information is mishandled in that jurisdiction. If your personal information is transferred to a jurisdiction which does not have data protection laws as comprehensive as Australia's, we will take reasonable steps to secure a contractual commitment from the recipient to handle your information in accordance with the Australian Privacy Principles.
8. GDPR
In some circumstances, the European Union General Data Protection Regulation (GDPR) provides additional protection to individuals located in Europe. The fact that you may be located in Europe does not, however, on its own entitle you to protection under the GDPR. Our website does not specifically target customers located in the European Union and we do not monitor the behaviour of individuals in the European Union, and accordingly the GDPR does not apply.
9. How to contact us about privacy
If you have any queries, or if you seek access to your personal information, or if you have a complaint about our privacy practices, you can contact us through: info@blowflyhillphotography.com
BLOWFLY HILL PHOTOGRAPHY
Please read this agreement carefully as it governs your use of Blowfly Hill Photography (on this website). By accessing the site and using its service you agree to the Cookie Policy as stated below.
COOKIE POLICY
Last updated: 30th March 2026
This Website (referred to in these “terms of use” as the website) is owned and operated by Blowfly Hill Photography, who is referred to in this Cookie Policy as “we”, “us”, “our” and similar grammatical forms.
Our Cookie Policy explains what cookies are, how we use cookies, how third-party partners may use cookies on our Websites and your choices regarding cookies.
General information about visits to our Websites is collected by our computer servers, with small files “cookies” that our Websites transfers to your computer’s hard drive through your Web browser (if you allow the delivery of “cookies”). The “cookies” are used to follow the pattern of movements of users by letting us know which pages on our Websites are visited, in what order and how often and the previous website visited and also to process the items you select if you are making purchases from our Websites. The anonymous non-personal information that we collect and analyse is not personal information as described in the Privacy Act.
Why do we use “cookies” and other web use tracking technologies?
(a) When you access our Website, small files containing a unique identification (ID) number may be downloaded by your web browser and stored in the cache of your computer. The purpose of sending these files with a unique ID number is so that our Website can recognise your computer when you next visit our Website. The “cookies” that are shared with your computer can’t be used to discover any personal information such as your name, address or email address they merely identify your computer to our Websites when you visit us.
(b) We can also log the internet protocol address (IP address) of visitors to our Website so that we can work out the countries in which the computers are located.
(c) We collect information using “cookies” and other tracking technologies for the following reasons:
(i) to help us monitor the performance of our Website so that we can improve the operation of the Website and the services we offer;
(ii) to provide personalised services to each user of our Website to make their navigation through our Website easier and more rewarding to the user;
(iii) to sell advertising on the Website in order to meet some of the costs of operating the Website and improve the content on the Website; and
(iv) when we have permission from the user, to market the services we provide by sending emails that are personalised to what we understand are the interests of the user.
(d) Even if you have given us permission to send you emails, you can, at any time, decide not to receive further emails and will be able to “unsubscribe” from that service.
(e) In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of the Website, deliver advertisements on and through the Website, and so on.
What are your choices regarding cookies?
If you are unhappy about having a cookie sent to you, you can set your browser to refuse cookies or choose to have your computer warn you each time a cookie is being sent. However, if you turn your cookies off, some of our services may not function properly.
BLOWFLY HILL PHOTOGRAPHY
Please read this agreement carefully as it governs your use of Blowfly Hill Photography (on this website). By accessing the site and using its service you agree to the Terms and Conditions as stated below.
TERMS OF SERVICE
Last updated: 30th March 2026
1. Provision of the Services
How to Contact us: Blowfly Hill Photography (the “Business”) provides an online means of managing and selling photographs, (“Services”). Once taken photographs are then uploaded to the Site by the Business and can be purchased directly by users of the Service.
The contact details for the Business are as follows:
Photographer - Rohan Rogers
Email - info@blowflyhillphotography.com
You acknowledge that you have provided Blowfly Hill Photography with accurate and complete registration information (when required) on your account sign-up form or enquiry form and that it is your responsibility to update Blowfly Hill Photography with any changes to that information by e-mailing Blowfly Hill Photography at the email address provided above.
You must be at least 18 years of age to use the Services - please note that the Business reserves the right to require you to provide evidence to verify any aspect of your account sign-up form at any time. You must keep your account details secure at all times and if you believe that there has been a breach of security then you must notify Blowfly Hill Photography immediately. If Blowfly Hill Photography reasonably believes that your details are being used in any way which is not permitted under this Agreement or in contravention of any laws (or reasonably suspects the same) then Blowfly Hill Photography hereby reserves the right to immediately suspend your access rights on giving notice to you and to block access to the Site until the issue has been resolved to the satisfaction of Blowfly Hill Photography.
Blowfly Hill Photography is continually seeking to improve the Services and to ensure that all information on the Site (“Content”) is up to date. Accordingly, Blowfly Hill Photography reserves the right, and at its sole discretion, to make changes to any part of the Services or the Content at any time and without prior notice to you. We would recommend that you regularly check the Site from time to time for any updates or changes to this Agreement which shall in any event become effective on posting and your continued use of the Site will mean acceptance of those updates and/or changes.
2. License and limited rights to use Content
Blowfly Hill Photography grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the Content subject to the terms and conditions of this Agreement. The Content and all copyright, database rights, website design, trade and service marks and logos or names, design rights, and rights relating to loss of reputation and business and all other intellectual property rights including the software used on the Site (“Intellectual Property'') in each case whether registered or not and belong to the Business (or applicable licensors) and may not be used in any way whatsoever without the prior written consent of Blowfly Hill Photography. Purchased photos by you are for Personal usage only and are not for use for any commercial purposes unless specified by prior written consent.
3. Privacy Policy and Data Protection
Blowfly Hill Photography fully respects your right to privacy and has a strict policy of complying with the terms of the Data Protection Acts 1988 (Cth) - please see the Site for a copy of our Privacy Policy. At certain times, as a result of your interaction with the Site, Blowfly Hill Photography may hold and process personal information obtained about you for the purposes of providing you with the Services and for(inter alia) statistical purposes. By registering on the Site you consent to this collection and use of your information.
Blowfly Hill Photography may also use this data to send you information about products and/or services. If at any time you do not wish to receive such information please contact Blowfly Hill Photography at the email address provided under clause 1 above or alternative opt out/unsubscribe from emails.
Blowfly Hill Photography may use cookies to recognise you on subsequent visits and to optimise your viewing experience, however, such cookies do not collect any personal information about you and you can set your browser to not accept cookies if you so wish, although this may degrade your usage of the Site.
4. Warranties and Indemnity
Blowfly Hill Photography warrants that it will use all reasonable care in the provision of the Service. Blowfly Hill Photography makes no warranty that the Site is free from viruses or anything else that has contaminating and/or destructive properties. It is your responsibility to adopt appropriate back-up, firewall and other precautionary security measures. All other express or implied warranties and any representations are fully excluded from this Agreement to the extent that they can be excluded as a matter of applicable law.
You warrant and represent that you are the owner or licensee of any content that you upload, record or otherwise transmit through the Services (collectively, “your Content”). You warrant and represent that you shall not publish, post, upload, record or otherwise transmit any of your Content (including your user name) that: (i) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violates any law or statute, (iii) is defamatory, unlawfully threatening or unlawfully harassing; (iv) is profane, indecent, obscene, harmful to minors or pornographic; (v) contains any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or property of another; or (vi) is false, misleading or inaccurate.
You agree not to: (1) use the Services in connection with chain letters, junk mail, pyramid schemes, spamming or any duplicative or unsolicited messages, or any use of distribution lists to any person; (2) harvest or otherwise collect information about others, including e-mail addresses; (3) knowingly interfere with or disrupt networks connected to the Services or violate the regulations, policies or procedures of such networks; (4) attempt to gain unauthorised access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means; or (6) use the Services for any illegal purposes.
You agree to fully indemnify Blowfly Hill Photography against all claims, liabilities, costs and expenses (including but not limited to all legal fees) arising out of your use of the Services or related to any breach of this Agreement.
5. Limitation of Liability
Blowfly Hill Photography's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that Blowfly Hill Photography, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, 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.
Notwithstanding the provisions of this clause Blowfly Hill Photography’s liability will not be limited in the case of fraud or for death or personal injury caused by our negligence.
Please note that all photographic prints provided by Blowfly Hill Photography are produced to the highest standards. However, over time, all colour photographs will fade, particularly if left in bright sunlight and not contained behind glass. Blowfly Hill Photography cannot therefore accept any responsibility for gradual image deterioration. Blowfly Hill Photography recommends that digital files are printed with a professional print lab only to produce quality results.
6. Consent
Generally, and as a user of the Site, You hereby confirm the following:
a) You agree to only purchase photographs or images that you have a genuine reason to purchase, such as (but not limited to) the Subject being a relation of yours or for the purposes of a gift – we may, in our sole discretion ask You questions to determine Your connection to the Subject and if we are not satisfied with Your answers we can refuse to allow You to use the Service. We may, if we consider it appropriate, contact the relevant authorities and provide whatever personal or other identifying information we may hold on You;
b) You agree that we are under no obligation to store photographs of a Subject for any predetermined length of time and that we can archive them or destroy them whenever we consider it appropriate.
c) You agree that You have no proprietary interest in any photographs and/or images generated by the Business and all intellectual property rights in the same are wholly owned by the Business and You disclaim all rights you may have in the same both for yourself and on behalf of the Subject.
d) You agree and acknowledge that Blowfly Hill Photography may use testimonials left by You in all platforms for all publishing purposes including but not limited to a website, marketing and promotional materials.
7. Payment and Refund Policy
The prices for the Services will be as stated on the site and shown in the cart. This excludes delivery (unless otherwise stated) which will be added to the total amount charged to You. Please note that the final figure shown when you shop and pay using our secure online facility will include all taxes and if any applicable postage fees. Prices are liable to change at any time, but you will not be affected if your order has already been placed and you have received such confirmation.
As the goods provided are personal to you and have no resale value we regret that we cannot cancel or provide refunds once your order has been placed in production. However, we do understand that mistakes do happen and if you consider that your order is not correct then please notify Blowfly Hill Photography and we will try and assist you. Digital files are not refundable due to the instant downloadable nature. Please double check your order before commencing the checkout process and before the completion of purchase.
8. Notices
All notices shall be given to Blowfly Hill Photography via email as set out under clause 1 of this Agreement, or to you at the e-mail address or other means of contact you provide in your registration form.
9. Third Party Links
The Site may contain links to other websites and resources however Blowfly Hill Photography is not responsible and shall not be held liable for the availability or content of these resources. No endorsement or approval of any such third party websites, their advice, opinions, information, products or services is expressed or implied by any information on our Site and it is entirely your decision and responsibility to use their services and/or products.
10. Termination and Renewals
Blowfly Hill Photography operates the Site on a fair and reasonable basis and this Agreement and your access to the Service may be immediately terminated by the Business if (in the sole opinion of Blowfly Hill Photography) you are in breach of this Agreement or are behaving in a way that the Business considers inappropriate or in a way likely (in the sole opinion of Blowfly Hill Photography) to harm the reputation of Blowfly Hill Photography.
11. Dispute Resolution
Should there be a dispute between you and Blowfly Hill Photography that cannot be resolved directly within a reasonable time period then it is hereby agreed that on the written request of any party it can be referred to an independent mediator, the identity of whom shall be agreed between the parties. In the event the mediator cannot be agreed by the parties within 14 days of one party’s written request to appoint a mediator. The costs of the mediation shall be shared equally and the place of conduct of the mediation shall be in Melbourne, Victoria. In the event that within a period of 30 days of the appointment of a mediator, the mediator is unable to resolve the dispute, the parties may submit the matter to the exclusive jurisdiction of the Australian Courts.
All communications concerning negotiations made by the Parties 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.
12. General
No failure or delay on the part of Blowfly Hill Photography relating to the exercise of any right, power, privilege or remedy provided under this Agreement shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any proceeding or succeeding breach by the other party to this Agreement.
Please note that Blowfly Hill Photography does not have an obligation to monitor all activities on the Site but reserves the right to do so and to keep and disclose whatever information we consider necessary to the relevant authorities should it prove necessary, and to remove any information (to include but not be limited to commentary) the Business deems to be inappropriate.
Due to the nature of the Services it may be possible that a price may be incorrectly listed on the Site due to technological or human error and you are advised that neither Blowfly Hill Photography nor the seller is under any obligation to provide any goods or services at an incorrect price even after receipt of an order or any other notification of the same.
Blowfly Hill Photography shall be under no liability to you in respect of anything, which notwithstanding this provision may constitute a breach of this Agreement arising by reason of force majeure which includes (inter alia) an Act of God and failure of any third party.
This Agreement contains the full and complete understanding between the parties and supersedes and replaces all prior arrangements, terms, representations and understandings whether written or oral relating to the subject matter of this Agreement and neither you nor the Business shall be bound by any variation or addition to this Agreement unless agreed in writing and signed by duly authorised representatives from both sides.
In the event of any inconsistency between the terms of this Agreement, the Site, and/or any other third party terms and conditions the terms of this Agreement shall prevail. This Agreement and any disputes arising hereunder shall be governed by and construed in accordance with the laws of Australia and be subject to the exclusive jurisdiction of the Australian courts.
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
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 rest of the Terms shall remain in force.
TERMS OF SALE
All terms of sale listed here are applicable to the purchasing of any images, prints, canvases, imaging services, media and/or other product(s) available through Blowfly Hill Photography’s online store. The terms of sale may not be altered or amended in any way through the use of any other document, such as purchase orders, emails, etc. A separate written agreement between the customer and Blowfly Hill Photography must be validated and signed if any alterations or amendments to the terms of sale are instituted. In the event of conflict between terms of sale and provisions stated in the terms of sale, the document terms of sale will govern control conditions of all Products.
Blowfly Hill Photography facilitates purchasing of products manufactured through its relationship with its party vendors. Purchasing of these products, will constitute your personal acknowledgement that through the manufacturing, printing, etc. of these any of the available media and/or physical medium products is performed by said vendors, and that Blowfly Hill Photography’s role is solely to facilitate and support these vendors for each order pursuant to these terms of sale.
Pricing & Payment Terms
Purchasing of media, products, and/or services through Blowfly Hill Photography online store requires that the customer provide valid payment information as required by the online store. Blowfly Hill Photography reserves the right to terminate a customer’s order for any and all purchases where we are unable to process your provided payment information and you do not provide an alternative payment form upon Blowfly Hill Photography’s written request.
The terms of sale requires the customer agrees to financially reimburse Blowfly Hill Photography for all costs incurred during the collecting of amounts owed by the customer to either Blowfly Hill Photography or third-party vendor including, without limitation, attorneys’ fees and costs of any collection agency used.
The customer is solely responsible for any taxes that they are obligated to pay, or that Blowfly Hill Photography is required to collect related to any purchase of media and/or product(s). If you the customer do not pay the required sales and/or other taxes or fees at the time of transaction, you the customer will be solely responsible for the taxes and/or fees if they are later determined to be payable for the sale of media and/or product(s). Blowfly Hill Photography reserves the right to collect the taxes and/or related fees at any time during the purchasing process.
Photo Downloads: Shipping Terms & Policies
If any digital download of media and/or product(s) is included under purchase agreement, or contract, the download will be made available through Blowfly Hill Photography Sales upon receipt of valid Payment Information, or alternatively through an email address provided at the time of purchase. Downloads are only available once, and it is the responsibility of the customer to save the file following download.
If any physical media and/or product(s) are purchased, Blowfly Hill Photography will use all commercially reasonable efforts in conjunction with third party vendors to ship all orders for such purchases within the estimated delivery time applicable and chosen by the customer presented at order checkout. The customer will not hold Blowfly Hill Photography reliable for any delays in shipping.
Blowfly Hill Photography and its utilised vendors reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion. The customer accepts all financial responsibility for shipping charges, which will be included, shown, and available for view during the order process. The shipping charge shown during the checkout process is subject to verification and to correction or change without notice. If the actual shipping charge is more than the amount shown in your shopping cart, Blowfly Hill Photography will contact you with the correct shipping costs before processing your order, and the customer will have an opportunity to cancel your order.
Return Policy
Blowfly Hill Photography guarantees the customer 100% satisfaction with any physical media and/or product(s) that are purchased through the online store. If for any reason the customer is unsatisfied with any physical media and/or product(s) purchased through Blowfly Hill Photography’s online store, Blowfly Hill Photography will accept the return within thirty (30) days of your receipt of the media and/or product(s). This policy does not apply to change of mind as the reason for exchange or return.
Digital media and/or product(s) (i.e., photo download, software preset, etc.) can not be returned or exchanged due to its instant download nature, please select the digital products carefully.
Product Availability & Pricing
Blowfly Hill Photography and its vendors may revise or discontinue available media and/or product(s) at any time without prior notice. It is possible that these media and/or product(s) may become unavailable even after an order is place, in which case Blowfly Hill Photography will issue a full refund or replacement depending on the customer’s request. All prices are subject to change without notice.
Product Descriptions, Pricing & Errors
Blowfly Hill Photography endeavours to maintain up-to-date and accurate information for all media and/or product(s) available through the online store, and strives to eliminate any errors. If any errors are detected, Blowfly Hill Photography encourages the customer to report such issues.
Blowfly Hill Photography does not guarantee that all media and/or product descriptions, photos, prints, pricing, or other photographic materials or services are complete, accurate, reliable, current, or error-free. All listed product weights and dimensions are approximate. The customer acknowledges that variation in applicable colour and/or brightness can vary depending on type of device used to view the online store, and Blowfly Hill Photography cannot guarantee that your computer will accurately display all media and/or product colours and brightness.
Blowfly Hill Photography and its vendors reserve the right to format, manipulate, or modify any media and/or product(s) as required to satisfy each respective order. If any media and/or product purchased by the customer is not as described or pictured, the customer’s sole course of action is to return the media and/or product in unused condition for a full refund (less original shipping costs) within thirty (30) days of receipt.
In the event of any error, Blowfly Hill Photography reserves the right to remedy and correct such error and charge the correct price for the customer purchased media and/or product(s) or cancel the order. The customer’s sole course of action in event of such error is to cancel the order.
DIGITAL IMAGE LICENSING
Digital media and/or product(s) may be available for purchase through the online store or through contract with Blowfly Hill Photography. Blowfly Hill Photography permits the buyer a non-exclusive, non-transferable perpetual, non-commercial license to download and copy the agreed upon media and/or product(s), of which are subject to the restrictions listed below:
The license is solely to be used for personal use and non-commercial work. No commercial use of the media is permitted under this agreement, unless a commercial license is purchased. Title, ownership, copyright, and all rights both current and in the future, of the media and/or product(s) will belong exclusively to Blowfly Hill Photography. There are no warranties, express or implied under this provision, and the customer accepts that the media and/or product(s) are provided ‘as is’.
Under this provision, neither Blowfly Hill Photography and/or utilised vendors will be held liable for any additional third-party claims, incidental, consequential, or otherwise alleged damages arising out of the license or buyer’s use of the purchased media and/or product(s).
A commercial license may be available upon request, and will require an additional contractual agreement between Blowfly Hill Photography and the customer. Please contact info@blowflyhillphotography.com for more information.
Customer Allowable Actions:
Customer Allowable Actions include all personal and non-commercial use of the media and/or product(s), which permits the customer to perform the following actions:
The customer may display product(s) and media on personal websites and computers.
The customer may make images and or prints for personal use.
Customer Barred Actions:
Customer Barred Actions include all non-personal and commercial use of the media and product(s), which prohibits the customer to perform the following actions:
The customer may not resell, relicense, sub-license, or otherwise redistribute media and product(s) without expressed written permission directly from Blowfly Hill Photography.
The customer may not use the media in any fashion that requests and/or charges others money or fees, and may not under any circumstances receive any financial compensation, payment, or remuneration for the usage of any media or product(s) in advertising.
The customer may not utilise the media or product(s) in a pornographic, explicit, illegal, immoral, slanderous, defamatory manner, and shall not associate with such content in any form.
The customer shall not incorporate the media, product(s), or Blowfly Hill Photography brand or logo into any trademarks, logos, or service marks.
The customer shall not make any purchased media or product(s) available for download.
The customer shall not utilise any media or product(s) for business, educational, events, or other non-personal uses, all of which, require a commercial license as specified by this Terms of Sale.
Blowfly Hill Photography retains all rights, licence, copyright, title, descriptions, and ownership of the media contained within these product(s).
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