Terms of Service
Terms of Service
Peach Pear Plum Photography — Childcare & Kindergarten Photography
Please read these Terms carefully. By registering your child and/or accessing your gallery, you agree to be bound by these Terms of Service.
Last updated: 2026 • Applies to all childcare & kindergarten gallery users.
1. About Our Services
Peach Pear Plum Photography (“the Business”) provides professional photography services to childcare centres and kindergartens, including individual portraits and group images. Images are delivered via a secure, password-protected online gallery hosted by Pixieset, where families can view and purchase photographs.
Contact details:
• Photographer: Alysha Cantwell
• Email: info@peachpearplumphotography.com.au
• Website: www.peachpearplumphotography.com.au
2. Account Registration & Eligibility
You must be at least 18 years of age to register and purchase. By providing your details, you confirm that all registration information is accurate, complete, and current. It is your responsibility to notify us of any changes by contacting us at the email above.
You must keep your gallery access details secure at all times. If you believe your account has been accessed without authorisation, please contact us immediately. We reserve the right to suspend access where we reasonably suspect misuse or breach of these Terms.
3. Provision & Changes to Services
Peach Pear Plum Photography continually seeks to improve its services. We reserve the right, at our sole discretion, to make changes to our services, gallery content, pricing, or these Terms at any time and without prior notice. Continued use of the gallery following any update constitutes your acceptance of those changes. We recommend reviewing these Terms periodically.
4. Intellectual Property & Licence
All images, content, design, branding, and software associated with Peach Pear Plum Photography and the Pixieset gallery are the intellectual property of the Business (or its licensors) and are protected by Australian copyright law.
Upon purchasing images, you are granted a limited, non-exclusive, non-transferable, personal-use licence only. This licence does not transfer ownership or copyright. You may not use purchased images for any commercial purpose without separate written agreement.
• You may print, display, and share purchased images for personal, non-commercial use
• You may not sell, redistribute, sub-licence, or alter images beyond basic cropping
• You may not use images in advertising, business materials, or any commercial context
• You may not enter images into competitions or publications without written permission
Commercial licensing may be available upon request. Please contact us to discuss. Unauthorised use constitutes a breach of copyright and will be pursued accordingly.
5. Warranties & Indemnity
Peach Pear Plum Photography warrants that it will use all reasonable skill and care in providing its services. We do not warrant that our website or gallery is free from technical errors, viruses, or interruptions. It is your responsibility to maintain appropriate device security.
You warrant that any content you submit through our services does not infringe any third-party rights, is not defamatory or unlawful, and does not contain malicious code or false information.
You agree to indemnify Peach Pear Plum Photography against all claims, costs, and expenses (including legal fees) arising from your use of our services or breach of these Terms.
6. Consent & Photography Participation
The childcare centre or kindergarten (“the Centre”) is responsible for distributing and facilitating photography consent forms. It is the parent or guardian’s responsibility to:
• Register their child for photography through the information the centre provides
• Advise the Centre or Peach Pear Plum Photography if they do not wish their child to be photographed
• Ensure registration details are accurate and current
By registering, you acknowledge that:
• You are purchasing images only of children with whom you have a genuine personal connection (e.g. your own child or as a gift for a family member)
• Peach Pear Plum Photography retains sole intellectual property rights in all images
• We are not obligated to store images indefinitely and may archive or remove them at our discretion
• Any testimonials you leave may be used by Peach Pear Plum Photography across all platforms for promotional purposes
7. Gallery Access & Security
Galleries are password-protected and available for a limited time only. Please do not share your access credentials. Galleries may be archived after the stated access period, and a reactivation fee may apply.
Screenshots & Unauthorised Use
Screenshots of gallery images are not permitted and constitute a breach of copyright. Watermarked images may not be downloaded, reproduced, shared, or distributed. We take our work seriously and appreciate families valuing and respecting our images by purchasing them in full resolution.
8. Limitation of Liability
Peach Pear Plum Photography’s total liability arising from these Terms, however arising — including under contract, tort, or statute — will not exceed the value of the services provided to you.
We are not liable for any indirect, incidental, consequential, or special damages, including loss of profit or business reputation. This limitation does not apply in cases of fraud or personal injury caused by our negligence.
All photographs are produced to the highest professional standards. Over time, colour photographs may gradually fade, particularly if left in direct sunlight or not stored behind glass. Peach Pear Plum Photography cannot accept responsibility for image deterioration due to storage or handling conditions.
9. Third-Party Links
Our website or gallery may contain links to third-party websites, including professional print labs. Peach Pear Plum Photography is not responsible for the content, availability, or accuracy of those resources. Inclusion of any link does not constitute endorsement.
10. Termination
Peach Pear Plum Photography may immediately suspend or terminate your gallery access if, in our sole opinion, you are in breach of these Terms or are behaving in a way likely to cause harm or damage to our reputation or that of our clients.
11. General
• These Terms are governed by the laws of Victoria, Australia
• Any failure by us to enforce a provision does not constitute a waiver of that right
• If any part of these Terms is found void or unenforceable, the remaining Terms continue in full force
• These Terms represent the complete agreement between the parties and supersede all prior arrangements
• In the event of any conflict between these Terms and any other document, these Terms prevail
Both parties confirm that these Terms are fair and reasonable, and that each has had the opportunity to seek independent legal advice.