Terms & Conditions



These Terms of Use apply to all users of this Site. By using this Site, you are agreeing to comply with and be bound by these Terms of Use with Pearl Davies Photography. If you do not agree to these Terms of Use, you may not access or use this Site.



By agreeing to these Terms of Use, you agree to the terms of our privacy policy, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. In consideration of your use of this Site, you agree that to the extent you provide personal information to the Site it will be true, accurate, current, and complete and that you will update all personal information as necessary. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.



The Site owns all intellectual property rights in

(a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Sites (except those licensed from others);

(b) all things otherwise provided to you as a part of the Site’s services, and;

(c) any other intellectual property rights afforded to the Site, either through state or federal registration or as otherwise available at common law (“Intellectual Property”).


Except as stated within, the Site does not grant you any rights to any Intellectual Property that may be available to you generally through the Site. You agree not to make unauthorized use of or otherwise infringe upon the Site’s Intellectual Property in any way and understand that it is your responsibility to ensure you refrain from doing so.



The Site contains content generated from third-parties, including but not limited to comments and we do not guarantee the accuracy, integrity, or quality of third-party generated content. The Site does not endorse, and is not responsible for, statements, advice and opinions made by anyone other than authorized Site spokespersons.



we make no representations or warranties with respect to this site or its content, or any product or service available on or promoted through this site. this site and all of its content (including user-generated content) are provided on an “as is,” “as available” basis, without representations or warranties of any kind. to the fullest extent permitted by law, the site, its franchises and affiliates, and their service providers and licensors disclaim any and all representations and warranties, whether express, implied, arising by statute, custom, course of dealing, course of performance or in any other way, with respect to this site, its content, and any products or services available or promoted through this site. without limiting the generality of the foregoing, the site, its affiliates, and their service providers and licensors disclaim all representations and warranties

(a) of title, non-infringement, merchantability and fitness for a particular purpose;

(b) relating to the security of this site;

(c) that the content of this site is accurate, complete or current; or

(d) that this site will operate securely or without interruption or error.

We do not represent or warrant that this site, its servers, or any transmissions sent from us or through this site will be free of any harmful components (including viruses).

We do not endorse and are not responsible for any statements, advice or opinions contained in user-generated content and such statements, advice and opinions do not in any way reflect the statements, advice and opinions of the site. we do not make any representations or warranties against the possibility of deletion, misdelivery or failure to store communications, personalized settings, or other data. you accept that our shareholders, owners, officers, directors, employees and other representatives shall have the benefit of this clause. Applicable law may not allow the limitation of certain warranties, so all or part of this disclaimer of warranties may not apply to you.


to the fullest extent permitted by applicable laws we, on behalf of our directors, officers, franchisees, employees, agents, suppliers, licensors and service providers, exclude and disclaim liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, general, special, punitive, incidental or consequential damages; loss of use; loss of data; loss caused by a virus; loss of income or profit; loss of or damage to property; claims of third parties; or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this site. you assume total responsibility for establishing such procedures for data backup and virus checking as you consider necessary. this limitation of liability applies whether the alleged liability is based on contract, tort (including negligence), strict liability or any other basis.


Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.



If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.



These Terms of Use and Privacy Policy will be governed under the laws of the State of NSW without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use will be adjudicated exclusively in the state or federal court of competent jurisdiction for the City of Newcastle. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. Notwithstanding the foregoing, the Site may also bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating. If either party to this agreement brings a legal action against the other party to these Terms to secure the specific performance of the Terms, collect damages for breach of this agreement, or otherwise enforce or interpret these Terms, the prevailing party will recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.



You agree to indemnify, defend and hold harmless the Site from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of, your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another.



These Terms of Use are current as of the effective date of use. The Site reserves the right to change these Terms of Use from time to time consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you should not use this Site.


These Terms of Use (together with our Privacy Policy and any Privacy Notices or click-through agreements applicable to you) contain the entire understanding and agreement between you and the Site with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and the Site with respect to this Site and your use of this Site.


The term “Content” refers to all of the software and codes comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site.

The terms “Pearl Davies Photography,” “we,” “us,” and “our” refer to Pearl Davies Photography.

The term “including” means “including, but not limited to.”

The term “Site” refers to any website, application or service owned by Pearl Davies Photography on which these Terms are posted.



If you have any questions about this Site or these Terms of Site, please contact us using the following information: via email at smile@pearldavies.com

Gift Cards Terms and Conditions For use with Pearl Davies Photography

By purchasing, accepting or using this Gift Card in physical or digital form ("Gift Card") and in consideration for your right to use the Gift Card, you agree to be bound by these terms and conditions (the "Gift Cards Terms and Conditions"). In these Terms and Conditions, "you" and "your" means the cardholder who has purchased or received a Gift Card. "We" or "our" means Pearl Davies Photography.


Protect the Gift Card like cash. Lost, stolen or damaged Gift Cards will only be replaced if the Gift Card has never been used, and only with satisfactory proof of purchase and Gift Card number, where required by law.


We reserve the right to correct the Gift Card balance if we believe that a clerical, billing or accounting error has occurred. You also agree that we may deactivate, cancel or suspend any Gift Card and freeze any associated Gift Card funds if we suspect fraud, unlawful activity or improper Gift Card use. You agree that you will not use a revoked Gift Card.


The Gift Card is not a credit, debit, or charge card. No implied warranties attach to it. Gift Card users must be 18 years of age or older. The Gift Card is not refundable or redeemable for cash or credit, unless required by law. The Gift Card may be used to make purchases only up to the available balance on the Gift Card. The available balance of the Gift Card is reduced by the amount of each purchase of goods or services and by other deductions, if any, that may be required by law. If you want to use the Gift Card to make a purchase that exceeds the available balance on the Gift Card, you must combine the use of the Gift Card with additional payment from another funding source. You agree that we are not responsible if you do not have enough funds on your Gift Card to facilitate a transaction.


No fees apply.


Web Ready Images

As part of our packages we provide low resolution web ready images displaying the Pearl Davies watermark. We request that these web ready images be displayed complete with watermark on all social networking sites so that the No Alteration and Copyright clauses of these terms and conditions may be breached.  


Right to Entry

Pearl Davies Photography reserves the right to refuse service to maintain a high level of morals, ethics, values  and standards. Pearl Davies does not support immoral or unethical practices. ​Pearl Davies has the right to refuse entry or accept client bookings. Any bookings that may have been made and paid for will be refunded on notification of cancellation. Pearl Davies Photography works on having the highest possible morals, ethics and standards and has the right to refuse services.


For more information please email: smile@pearldavies.com   



Works exhibited in this gallery are owned by Pearl Davies. All images on this site are protected under both National and International Copyright Laws and must be adheared to.

The purpose of this website is to show examples of work, the images are not intended to be downloaded or used in any way. No image displayed on this website is in the public domain. The copyright is owned by Pearl Davies. Any downloading or copying of images for any purpose is a breach of copyright laws and strictly prohibited. Using these pictures without permission is equal to theft and any unauthorised usage will be pursued vigorously.

The copyright in the photographs is owned by and retained by Pearl Davies and at all times throughout the world. The Client agrees that Pearl Davies is the sole author of the photographs. To ask for permission to reproduce any photograph in the Gallery, send your request in writing to Pearl Davies Photography at smile@pearldavies.com. Please provide detailed information about how the image will be used and the extent of the publication.  



For the purpose of this agreement "the client" shall where the context so admits include their respective assignees, sub licensees and successors in title. "photographs" means all photographic material furnished by Pearl Davies whether transparencies, negatives, prints or any other type of physical or electronic material.  Ownership of Material Title to all photographs remains property to Pearl Davies  


No Alteration

No alteration or manipulation of the image may be made without the permission of Pearl Davies.

The Client must acknowledge and understand before any works take place that it is a violation of International Copyright Laws to edit, distort or by any way change the original images taken by the photographer.


The Client must also acknowledge that they cannot and will not display or use unedited or un-watermarked photos unless specifically authorised by the photographer.  Clients Material The Client accepts full responsibility for any materials that they supply for use in the photographs and that the materials are adequately insured against loss, damage or liability.  


Social Media Usage Policy

The lowdown on use of images on my social media platforms, website, and marketing.

To be able to continue growing my business I do need to have an online presence with new content posted on a weekly basis.
You are of course, entitled to privacy and to know and understand what happens to your images once they have been taken and delivered.

I will use images taken unless otherwise agreed across some of these online platforms: