Terms of Service

1.  Acceptance of Terms 

The placement of an order implies full acceptance of the Terms & Conditions as stated hereon and implied. 

2.  Price & Currency

All prices on this website are stated in New Zealand Dollars (NZD) and are inclusive of tax. Orders will be processed in New Zealand Dollars (NZD) only, we do not accept payments in other currencies. Matt Dowdle reserves the right to change prices of prints advertised on this website, without notice. Orders will not be dispatched until payment is received in full.

3.  NZ Shipping

All prints are sent by courier within New Zealand and will require a signature on delivery.  If no one is present at the premises to sign for the parcel, a card will be left and your parcel will be available for collection from the nearest courier office.  Shipping of unframed prints within New Zealand is free. We aim to dispatch books within 1-3 working days and prints within 2-5 working days. Note that in November and December these time frames may be longer. 

4.  Returns & Refunds

If your product arrives damaged please contact us immediately so we can arrange a replacement.  Please choose carefully as we do not offer a refund or exchange if you change your mind.

5. Stock Image Licensing

1. INSTRUCTIONS MUST BE IN WRITING

1.1 The Client must ensure that all instructions and expectations regarding the Booking/Order (and any subsequent variations) are agreed in writing.

2. LICENCE GRANTED TO CLIENT

2.1 Except as may be expressly provided in the Agreement, the copyright in all Photographic Works resulting from the Booking/Order remains the property of the Photographer. The Photographer does not accept commissions to create Photographic Works. These terms override section 21 (3) of the Copyright Act 1994.

2.2 The Photographer grants the Client a non–exclusive Licence to use those parts of the Photographic Works selected by the Photographer and presented to the Client. The Licence includes the right (if any) to reproduce and publish the Photographic Works for the purposes, territories and time periods specified in the Booking/Order, subject to these terms and conditions. The Client shall have the right to seek further Licences for use or reuse of any Photographic Works, which shall not be unreasonably refused by the Photographer but is subject to agreement of a reasonable fee for that Licence.

2.3 If the Photographic Works have been produced for an Advertiser named in the Agreement, the Photographic Works may only be used by the Advertiser. The Client must ensure that the Advertiser complies with the Client’s obligations and all other terms and conditions of the Agreement.

2.4 The Client acknowledges that the Photographer always retains the right to use the Photographic Works in any manner at any time and in any part of the world for the purposes of: a Entering the Photographic Works into photographic competitions or awards and for their use in any material published in connection with promoting those competitions or awards; and b Advertising or otherwise promoting the Photographer’s Work, including through the use of social media; and c Submitting the Photographic Works for display in art galleries or other premises; and d Using the Photographic Works for any other purpose within the Photographer’s business activities.

3. CONDITIONS OF LICENCE

3.1 This Licence to use, and the right to use the Photographic Works commences from the date of full payment of all amounts owed to the Photographer in relation to the Photographic Works and the Agreement, except where the Photographer gives express written permission.

3.2 This Licence must not be assigned to any third party without the Photographer’s prior written permission (which shall not be unreasonably refused), but may be sublicensed by the Client to the Advertiser named in the Agreement (if any) on the same terms and conditions of this Licence (excluding any further right to sublicense).

3.3 The Client is entitled to: a Manipulate, distort or make other alterations to the Photographic Works (including overprinting by text or other Photographic Works), unless this right is expressly excluded in the Agreement; and b Use only a portion of the Photographic Works.

3.4 Copyright in any new Photographic Works created from any manipulation, alteration, distortion or overprinting of text of the licensed Photographic Works shall remain with the Photographer and shall be licensed to the Client on the same terms and conditions of the Agreement.

3.5 Any breach of the Agreement by the Client (or by the Advertiser, with the Client’s knowledge) which results in damage to the professional reputation of the Photographer, entitles the Photographer to compensation from the Client for that damage in addition to any other remedies available to the Photographer.

4. ASSIGNMENT OF COPYRIGHT

4.1 Where the Agreement specifies that copyright in the Photographic Works is assigned to the Client in consideration for the Client’s payment for those Works:

a The Photographer assigns to the Client copyright in the Photographic Works from the date of full payment of all amounts owed to the Photographer in relation to the Photographic Works and the Agreement;

b It is the responsibility of the Client to obtain all model releases, moral right waivers and privacy waivers necessary for the use of the Photographic Works;

c The Client agrees to indemnify the Photographer in respect of any loss, claims, damages or expenses (including costs incurred on a solicitor client basis) incurred by the Photographer arising from any use of the Photographic Works; and

d The Photographer retains the rights described in clause 2.4