Terms and Conditions

Please read these terms and conditions carefully before using the Elysian Aperture website and online photography courses. By accessing or using our services, you agree to be bound by these terms.

1. Acceptance of Terms

Welcome to Elysian Aperture! These Terms and Conditions ("Terms") govern your access to and use of the Elysian Aperture website, online photography courses, and related services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use the Services.

Elysian Aperture Pty Ltd ("Elysian Aperture", "we", "us", or "our") reserves the right to modify these Terms at any time. We will post any changes to these Terms on our website, and the revised Terms will be effective immediately upon posting. Your continued use of the Services after the posting of revised Terms constitutes your agreement to the revised Terms. It is your responsibility to review these Terms periodically for updates and changes.

2. Description of Services

Elysian Aperture provides online photography courses and related resources designed to enhance your photography skills. Our Services may include:

  • Access to online course materials, including video lectures, written tutorials, and downloadable resources.
  • Interactive forums and communities where you can interact with instructors and fellow students.
  • Live webinars and Q&A sessions with photography experts.
  • Personalized feedback on your photography work.
  • Certification upon successful completion of a course.

We strive to provide high-quality, engaging content that meets the needs of our students. However, we do not guarantee that our Services will meet your specific requirements or that you will achieve a particular level of photographic skill. Your success depends on your own effort, dedication, and practice.

3. User Accounts

In order to access certain features of the Services, you may be required to create a user account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify Elysian Aperture immediately of any unauthorized use of your account or any other breach of security.

We reserve the right to suspend or terminate your account if we believe that you have violated these Terms, engaged in fraudulent or illegal activity, or for any other reason in our sole discretion.

4. Payment and Fees

Access to our online photography courses typically requires payment of a fee. The fees for our courses are listed on our website and are subject to change at any time. We may offer promotional pricing or discounts from time to time.

Payment for courses must be made in advance through our secure payment gateway. We accept major credit cards and other forms of payment as indicated on our website. By providing your payment information, you represent and warrant that you are authorized to use the payment method and that you authorize us to charge your payment method for the applicable fees.

All fees are non-refundable except as expressly stated in our refund policy, which is available on our website.

5. Intellectual Property

The Services and all content included therein, including but not limited to text, graphics, logos, images, audio clips, video clips, and software, are the property of Elysian Aperture or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content on our Services without our prior written consent.

You retain ownership of any photographs or other creative works that you submit to our Services. However, by submitting content, you grant Elysian Aperture a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with the Services. You represent and warrant that you have all rights necessary to grant this license.

6. User Conduct

You agree to use the Services in a responsible and respectful manner. You may not:

  • Use the Services for any illegal or unauthorized purpose.
  • Engage in any activity that disrupts or interferes with the Services.
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity.
  • Upload or transmit any viruses, worms, or other malicious code.
  • Harass, abuse, or threaten other users.
  • Infringe on the intellectual property rights of others.
  • Collect or harvest any personally identifiable information from other users without their consent.

We reserve the right to remove any content that violates these Terms or that we deem to be inappropriate, offensive, or harmful.

7. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ELYSIAN APERTURE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ELYSIAN APERTURE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in a federal or state court located in Melbourne, Victoria, and you consent to the jurisdiction of such courts.

10. Contact Information

If you have any questions about these Terms, please contact us at:

Elysian Aperture Pty Ltd
Level 10, 123 Collins Street
Melbourne, VIC 3000
Australia
Phone: +61 496 423 780
Email: info@elysianaperture.com

11. Data Processing Addendum

This Data Processing Addendum ("DPA") forms part of the Terms and Conditions ("Agreement") between Elysian Aperture Pty Ltd ("Elysian Aperture") and you ("Customer") and applies to the extent that Elysian Aperture processes Personal Data (as defined below) on behalf of the Customer as a Data Processor in connection with the provision of Services under the Agreement.

11.1 Definitions:

  • "Personal Data" means any information relating to an identified or identifiable natural person ("Data Subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
  • "Data Controller" means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
  • "Data Processor" means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
  • "Processing" means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

11.2 Scope:

This DPA applies to the processing of Personal Data by Elysian Aperture on behalf of the Customer for the purpose of providing the Services described in the Agreement.

11.3 Data Protection Obligations:

Elysian Aperture will:

  • Process Personal Data only in accordance with the Customer's documented instructions.
  • Ensure that persons authorised to process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
  • Implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk.
  • Taking into account the nature of the processing, assist the Customer by appropriate technical and organisational measures, insofar as this is possible, for the fulfillment of the Customer's obligation to respond to requests for exercising the Data Subject's rights.
  • Assist the Customer in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the GDPR taking into account the nature of processing and the information available to the processor.
  • At the choice of the Customer, delete or return all the Personal Data to the Customer after the end of the provision of services relating to processing, and delete existing copies unless Union or Member State law requires storage of the Personal Data.
  • Make available to the Customer all information necessary to demonstrate compliance with the obligations laid down in Article 28 and allow for and contribute to audits, including inspections, conducted by the Customer or another auditor mandated by the Customer.

11.4 Customer Obligations:

The Customer is responsible for:

  • Determining the lawfulness of the processing of Personal Data.
  • Providing documented instructions to Elysian Aperture regarding the processing of Personal Data.
  • Ensuring that it has obtained all necessary consents from Data Subjects for the processing of their Personal Data.

11.5 Sub-Processors:

The Customer authorises Elysian Aperture to engage sub-processors to process Personal Data on its behalf. Elysian Aperture will maintain a list of its sub-processors and make it available to the Customer upon request.

11.6 Data Breach Notification:

Elysian Aperture will notify the Customer without undue delay after becoming aware of a Personal Data breach.