This Licence Agreement (Agreement) is between you (including your directors, employees, officers, contractors, agents, principals, or any related body corporate or affiliate) (You) and Adam Dimech, trading as Photologium.com (Photologium).

The terms of this Agreement govern your use of the image that you have chosen to purchase from the website (Image) and terms of service. By purchasing an image, You are indicating that You are at least 18 years old and agree to be bound by all terms of this Agreement. This Agreement must be read in connection with the confirmation created as a result of Your purchase. Photologium may change the terms of this Agreement at any time and without notice. If You do not agree to be bound by the terms of this Agreement You should decline to purchase an image. In that case, you are not permitted to download or use any Image.

Licence: Photologium grants you a non-exclusive, revocable licence to a hard-copy of the Image solely for personal, non-commercial use. The Image may not be used for a purpose other than this specified purpose without the prior written consent of Photologium. You acknowledge and agree that except for the licence granted in this Agreement, You have no right, title or interest in any of the Images. You may not reproduce, loan, sell or licence the Image without the prior written permission of Photologium. All rights not expressly granted in this Agreement are reserved by Photologium.

Electronic Storage of Images: An Image must not be duplicated, scanned or electronically retained. You may not make, use or distribute copies of the Image for any purpose. You may not store the Image on any image storage jukebox, network configuration or similar computer network arrangement.

Warranty: To the full extent permitted by law, Photologium excludes all warranties, statutory, express or implied, in relation to the license of the Image.

Termination: In event of breach by You of this Agreement, Photologium may terminate upon notice to You. Upon termination or expiration of this Agreement for any reason (i) all rights granted to You will automatically revert to Photologium; and (ii) You must immediately cease any use of the Images and must delete the Images and all copies of them from all electronic and or removable media and destroy all other copies of the Images, or upon request by Photologium, return all those copies to Photologium.

Infringement of Copyright: You must notify Photologium of any activity of which you become aware which infringes, or may infringe, the copyright in any Image. If there is infringement of copyright in any Image, You agree to provide assistance to Photologium as reasonably required, including being joined in any proceeding at Photologium's expense. If Photologium takes legal proceedings at its own expense, Photologium will be entitled to retain the entire proceeds recovered in those proceedings, including any sums ordered to be due to You. Photologium will be under no obligation to take any action in the event of infringement.

Assignment: You may not assign, licence or transfer any rights granted to You or any of Your obligations under this Agreement without the express written permission of Photologium.

Enforceability: If any provision of this Agreement is held unenforceable, that provision will be deleted only to the extent necessary, and the other provisions of this Agreement will remain in full force and effect.

Refund: A refund will not be provided in any circumstances, except where a purchase was made and no photo dispatched from Photologium within a period of 30 days. A refund will not be provided where (i) A credit card or PayPal account was falsely charged and the error was performed on the PayPal website or You and no error with the Photologium website purchasing system can be demonstrated (ii) Moneys were accidentally/incorrectly paid to Adam Dimech (iii) The Image was destroyed whilst in the carriage of the Australian Postal Corporation (Australia Post) or other carriers (iv) You paid for an Image and subsequently changed your mind and desired to alter your order or cancel it (v) You provided incorrect or incomplete address details for dispatch and the photos were posted to that address and You did not receive the Images.

No Waiver: No failure to exercise or any delay in exercising any right, power or remedy by a party operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting the waiver unless it is made in writing.

Entire Agreement: This Agreement contains the entire agreement between the parties relating to Your use of the Image and supersedes any previous agreement concerning use of the Image between the parties, including any oral agreement.

Governing Law: This Agreement will be interpreted, construed and governed by or in accordance with the law of the State of Victoria, Australia. You submit to the non-exclusive jurisdiction of courts exercising jurisdiction there, in connection with matters concerning this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

This agreement may be altered at any time by Photologium without notice.