This website is owned and operated by Penny Woodward (ABN 28907859804). Use of this website is subject to these Terms of Use.

General Terms & Conditions

Pricing
All prices are correct at the time of online publication. Prices may be changed without notice.

All items are listed in the belief that they are available at the time of ordering.
Occasionally items may be unexpectedly unavailable because of supply problems.
All prices include GST

Delivery Costs and Delays
The current charge for package and delivery of all items anywhere in Australia varies with the item ordered. Please see the website for postage costs.

If there is a delay in despatching your order I will contact you to advise you of the reason for the delay. You may cancel such an order at any time prior to processing.

Australian Delivery
All orders are sent via Australia Post by ordinary delivery and need to include a delivery address and phone contact details.

International Delivery
I generally do not ship outside Australia.

Returns, Refunds & Exchanges
I will gladly refund, credit or exchange for any purchase you are not happy with.

Please contact me at [email protected] prior to returning any goods. I will only refund delivery and packaging charges if the error is mine.

Feedback and Complaints
I welcome feedback and will promptly attend to all complaints. Please contact me at [email protected]

Copyright
All materials on this website, including text and images, are protected by the Copyright Laws of Australia. All rights are reserved.

When you access my website you agree that:

  • You may retrieve the materials for information only.
  • You may save a local copy or send it to your printer for your own personal use.
  • You must include the copyright notice in any copy that you make.
  • Please do not modify the information found on my website without my permission.

Purchase, download and use of photos.

Terms and Conditions

By downloading, uploading or using any images listed under the pennywoodward.com.au domain you agree to be bound by the following Terms and Conditions. These Terms and Conditions apply to you and, if you are using this web site on your client’s behalf, to you and all your client/s. Penny Woodward reserves the right to update and/or change her pricing structure as needed. Should you disagree with anything stated in these Terms
and Conditions please discontinue your use of the site.

Use of this site to purchase images

This site is owned and operated by Penny Woodward. All images and related informational materials in any medium provided by Penny Woodward hereunder, including related text, captions, or information (collectively referred to as Images) are owned by Penny Woodward. All images are protected by Australian and international copyright laws. Penny Woodward allows you to search for, view, and use images only as permitted below. All rights not specifically granted under this Agreement are reserved to Penny Woodward.

Payment and use.

These images are sold free of royalties. This means that you pay for the image only once and then you have non-exclusive use of it as many times as you like, with just a few restrictions. In other words, there are no license fees except the initial fee and no other royalties to be paid except those included in the initial cost. The images that you download under this license may be used to make fine art prints, on a web site, in a magazine, newspaper, book or booklet, book cover, flyer, application software (apps) or any other advertising and promotional material, in either printed or electronic media, as long as the item in which the image appears does not contradict any of the restrictions below.  Note that the maximum number of copies for printed materials is 500,000 copies.  The lists of permitted uses and restrictions in these Terms and Conditions are not exhaustive and if you are uncertain as to the correct use of the images please email [email protected].

Restrictions:

None of Penny Woodward’s images may be resold or redistributed by any means, or made available for redistribution or resale by a third party, except when used in the manner described above. In particular, none of these images are to be used for sale or redistribution including (but not limited to) in web templates, greeting cards or postcards designed for sale, similar print-on-demand services, canvas, t-shirts, mugs, calendars, postcards, mouse pads or any other items incorporating the image that are intended to be sold or given for free.
If you use the images for printed materials, the number of copies must not exceed 500,000.  It is also forbidden to make the image available on a website for download (as wallpapers for example). For Web use, you must not use the image at a width exceeding 800 pixels unless it is included in your site’s design. If the image is part of a design and manipulated accordingly, the image width can be higher than 800 pixels

Copyright and Credit

Buying the image does not transfer the copyright or allow for exclusive use. You may not claim that the image is your own and you may not sell, license for use, or in any way distribute the image for reuse. If possible you should credit Penny Woodward when you use an image. All images used within editorial context (printed magazines, newspapers, editorials, newsletters) or related uses must be accompanied by a visible credit line as follows: ©Penny Woodward

Unauthorized Use

Without limitation, images may not be used as a trademark or service mark, for any pornographic or unlawful purpose, to defame a person, to violate a person’s right to privacy or publicity, to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorized use of these images constitutes copyright infringement and shall entitle Penny Woodward to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such images. This is not a limiting statement of my rights or remedies in connection with any unauthorized use.

Indemnification

You agree to indemnify, defend, and hold harmless Penny Woodward against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of these Terms and Conditions, the use of this site and the use of any image either alone or in combination with any other material, your failure to abide by any restriction regarding the use of an image, or any claim by a third party related to the use of an image, alone or in combination with any other material.

Disclaimers

Penny Woodward provides you with these images on an ‘as is’ basis. Penny Woodward offers no warranty, explicit or implied, regarding any images, the site, the accuracy of any information, or any rights or licenses given under these Terms and Conditions.  Except for any liability which cannot be excluded by law, I am not liable to you or any other third party claiming through you for direct, indirect, incidental, special or consequential damages arising out of, or relating to the use of images, whether framed as a breach of warranty or merchantability or fitness for a particular purpose or non-infringement, upon any legal theory, in tort, contract, failure of essential purpose, or otherwise. In no event shall Penny Woodward’s liability for your use of any image provided hereunder exceed the amount invoiced and paid by you for the use of that image.

Refund Policy

You may ask for a refund of your purchase within 7 days from the purchase date. Note that this is possible only if you are able to immediately remove all images used in different designs and that you must provide a well founded reason for your request.
If you have downloaded an image that has technical flaws or were unable to download an image after payment, please contact Penny Woodward for an immediate refund. Downloads are not refunded if more than 7 days from the purchase date have passed.