Terms and Conditions

Your use of this Website is governed by these Terms and Conditions. By accessing, browsing or purchasing from this Website you agree to be bound by these Terms and Conditions. These Terms and Conditions may be amended from time to time, so you should check and read these Terms and Conditions regularly. By continuing to use this Website after any such amendment, you are deemed to have agreed to the amended Terms and Conditions.

This Website (https://rebeccatengphotography.com/) is owned by Rebecca Teng Photography (RTP).

This Website and all information contained therein may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of any works without the prior written consent of RTP, except that you are granted non-exclusive, non-transferrable, limited permission to access and display the Website solely on your computer or mobile device and for your personal, non-commercial perusal. This permission is conditional upon you refraining from modifying the content displayed on this Website. 

Except for the limited permission in the preceding paragraph, RTP does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights in respect of any material contained on this Website. You may not copy any of the content from this site on another website or in any other media. 

All intellectual property on this Website, including without limit, the text, photographs, images, graphics and copyright works is owned by RTP.

We will make every effort to ensure colour accuracy and overall appearance in products, however, the final product may differ in appearance. Please remember that your computer screen may change the colour, brightness, and overall look of the product.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

All prices for the products on this Website are stated and are payable in New Zealand dollars ($NZD).

Licence fees for the use of the Images will be quoted by RTP or displayed on RTP’s website(s) and are to be agreed and accepted by you prior to the use of the Images.

  1. Personal Use – You can use this image for yourself, such as your computer background. You can get this image printed for display in your home, or to gift to a friend / family. You cannot sell any prints / profit off this image, as this is for personal, non-commercial use only.
  2. Commercial Use – This license offers images, illustrations and photos for commercial use. With this license, content can be used in promotional campaigns such as advertising, as well as on websites and blogs. Permissions are for web and digital use only and does not require the owner to be credited.
  3. Extended Use – This license offers images, illustrations and photos for commercial purposes. This license extends from web and digital to print use, and does not require the owner to be credited.

Images displayed on RTP’s websites (including thumbnail images and preview images) are made available to you for evaluation purposes only. Specifically the following uses of Web Display Images are prohibited (in the absence of a Licence):

  • Displaying a Web Display Image on any internet website or digital presentation;
  • Use of a Web Display Image in a TV commercial or film “storyboard”;
  • Use of a Web Display Image in layouts for concepts to show a photographer or other visual artist how you want a commissioned photograph/image to look; or
  • Any other use of a Web Display Image where there is no potential that the Image will be licensed.

You shall not, without the prior written permission of RTP, store the Images in any form of electronic medium, except for the purpose of the Licence, and provided that the file or other medium in which the Images are captured or stored must be destroyed immediately after its use for that purpose.

We are unable to offer refunds once digital image files have been downloaded from our Website(s) by you or otherwise delivered to you.

Please make your Image selection carefully. If there is a technical problem with the Image, a replacement scan or satisfactory substitution Image will be supplied. A refund will be made only where no satisfactory solution or substitution can be made by RTP.

Images may not be used in any of the following ways:

  • Use as a trademark or use to infringe upon any copyright, trade name or trademark of any person or company; or
  • Use which is derogatory, misleading or defamatory, pornographic or which otherwise violates a person’s privacy or moral rights; or
  • Use in postcards, greeting cards, calendars or any other retail merchandise for sale (without the prior written approval of RTP and the payment of additional licence fees); or
  • Use which is considered sensitive (without the prior written approval of RTP) including but not limited to the following subjects:
    • Alcohol/Tobacco
    • Gay/Lesbian
    • Religious
    • Political
    • Medical/Health
    • Sexual

Please discuss any use you may consider sensitive to determine whether your proposed use of an image would be prohibited by this restriction.

If Images are used in a way that a Reasonable Person would consider such use to be sensitive, RTP shall not be held responsible for any damages that may arise to you as a result of the use of the Images.

Where an image or images are published or reproduced without the written permission of RTP and/or without the purchase of a License and/or without the payment of license fees, you will be liable for the following fees, at the discretion of RTP:

Retrospective Licence Fee The licence fee for the image according to published rates on the RTP’s website for the period the image has been used.  Such fee will be no less than the 12-month rate for such usage.
Unauthorised Use Fee A penalty fee no less than 100% and no more than 300% of the Retrospective License Fee.
Debt Recovery Fee Any fees incurred through the engagement of a debt collection agency.
Legal Fees Any fees incurred through the engagement of a legal representative.

Your access to Images does not entitle you to use those Images. Images may be subject to rights held by other persons or companies such as but not limited to copyright, trademarks, privacy rights, moral rights or other rights.

Where Image(s) have the necessary permissions from relevant persons and/or property holders featured in the Image(s) this will be noted next to each Image as either “Model Released” or “Property Released”. Unless otherwise stated on the RTP’s website(s), adjacent to each Image, Image(s) featuring people and/or property are NOT MODEL OR PROPERTY RELEASED and will only be available for Editorial Use. 

RTP will not be held responsible for individual rights which have been infringed by the use of an Image(s) by you, where RTP has made no representation as to the availability of a valid model or property release for that Image(s).

While RTP takes every precaution to control the supply of Images where releases might be required, and to advise you as to the need for, or the existence or non-existence of a release, you are solely responsible for determining (with or without legal counsel) whether the proposed use of an Image requires the consent of any other party or the licensing of any additional rights and obtaining such consent or license if required.

This Privacy Policy available on this Website governs the collection, use and disclosure of your personal information by us. The Privacy Policy forms a part of these Terms and Conditions. For privacy reasons, if you wish to share or publish any photograph you have purchased from us (for example, on your personal social media accounts), you must have the consent of all the identifiable individuals in that photograph. You acknowledge that use of our photographs by third parties once they have been purchased or otherwise supplied is out of our control.

RTP does not guarantee the information on this Website is correct, current, or complete, and this Website may contain technical inaccuracies or typographical errors. RTP assumes no responsibility for updating this Website to keep information current or to ensure the accuracy or completeness of any information contained on this Website. Therefore, you should confirm the accuracy of all information contained on this Website before making any decision related to any services or other matters described in this Website. 

To the extent permitted by law:

  • All warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limit, suitability, fitness for purpose, accuracy or completeness of this Website or the content on or accessed through it; and 
  • RTP will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of this Website or the content on or accessed through it.

This Website and content have been prepared in accordance with the requirements of New Zealand law. These Terms and Conditions and any matters or disputes connected with this Website will be governed by New Zealand law and will be dealt with by New Zealand courts.