Terms and Conditions

 The Tam’s Photorealistic Portraits TM website at www.tamsphotorealisticportraits.com.au (Website) and visual art services and products (Art Products) are owned by ABN 255 179 504 68 (‘Tam’s Photorealistic Portraits TM’, ‘me’, ‘I’, ‘we’, ‘our’, or ‘us’).

Tam’s Photorealistic Portraits TM offers a variety of Visual Art Products which are promoted via the Website including but not limited to:
 

  • A4 size paper or canvas 8” x 10” customised portrait graphite pencil drawing – delivered by post once complete;

  • A3 size paper or canvas 12” x 16” customised portrait graphite pencil drawing – delivered by post once complete;

  • A2 size paper or canvas 18" x 24" customised portrait graphite pencil drawing – delivered by post once complete;

  • A1 size paper or canvas 24" x 36" customised portrait graphite pencil drawing – delivered by post once complete;
     

  • A4 size paper or canvas 8” x 10” customised portrait oil painting – delivered by post once complete;

  • A3 size paper or canvas 12” x 16” customised portrait oil painting – delivered by post once complete;

  • A2 size paper or canvas 18" x 24" customised portrait oil painting – delivered by post once complete;

  • A1 size paper or canvas 24" x 36" customised portrait oil painting – delivered by post once complete;
     

  • A4 size paper or canvas 8” x 10” customised portrait watercolour painting – delivered by post once complete;

  • A3 size paper or canvas 12” x 16” customised portrait watercolour painting – delivered by post once complete;

  • A2 size paper or canvas 18" x 24" customised portrait watercolour painting – delivered by post once complete;

  • A1 size paper or canvas 24" x 36" customised portrait watercolour painting – delivered by post once complete;
     

Tam’s Photorealistic Portraits TM does not offer face to face sit-down portraits or face-to-face artist training and does not offer individually tailored artistic advice.  

 

The completed portrait drawings or paintings provided by Tam’s Photorealistic Portraits TM (Artworks) are based on the lifelong skills attained by Tamara Fitzpatrick, and the quality of the photographed image supplied which you upload through the Website and limited personal information you provide.

The portrait must be paid in full prior to Tam shipping it to the purchaser or handing it over to the purchaser (if local). Under no circumstance will a portrait be handed over with money owing to Tam or Tam's Photorealistic Portraits TM. 

The purchaser must be 50% of the portrait price upfront prior to commencement of the portrait, and the other 50% at the end when the portrait has been finished and is ready to be shipped. One 100% of the payment has been made and verified by Tam (‘Tam’s Photorealistic Portraits TM’, ‘me’, ‘I’, ‘we’, ‘our’, or ‘us’) then your portrait will be shipped to the purchaser. 

 

After purchasing a Tam’s Photorealistic Portraits TM product, Drawing or Painting that is offered on the website; the purchaser will be granted 2 days to change or alter the image that they uploaded on the website via using the email provided should they change their mind on which image they want created into a portrait drawing or painting. At no time will this 2-day access be extended.

Payments for Tam's Photorealistic Portraits and products are made via the website via direct debit, credit card, Paypal, or via a direct online bank transfer. No other payment options will be accepted. 

 

In the event that you wish to have a refund you must email your request within the 2 days after your purchase date to tamsportraits@outlook.com as soon as you find out that you are unable to continue with the Portrait.

 

Terms of Use

By purchasing a portrait drawing or painting with us, or using or accessing the Website you will be acknowledging and agreeing that you:

  • have read and understood these terms and conditions and agree to be bound by them;

  • consent to the use of your uploaded/submitted photograph for the purposes set out in these terms; and

  • consent to receiving communications from us.

 

Tam’s Photorealistic Portraits TM may amend its terms and conditions from time to time and will post its amended terms on the Website.  The date of posting the amended terms on the Website will be the date the new terms come into effect and apply to you.  Your continued use of the Website, Completed Artworks and purchase of goods and services from Tam’s Photorealistic Portraits TM after posting of the amended terms will indicate your acceptance of the amended terms.
 

Registration on a Portrait and Licence

Customers must be at least 18 years old in order to order a portrait artwork, drawing or painting.

Purchase of a portrait drawing or painting is for you as a single customer only.  You may not authorise third parties to use any portrait drawing or painting provided by Tam’s Photorealistic Portraits TM, or other digital product or service supplied by us to you via your purchase.
 

Upon purchase of a portrait drawing or painting you are entitled to display the original copy of the item only and breach of this term will entitle us to terminate the agreement with you without refund.
 

On purchase of a portrait drawing or painting, Tam’s Photorealistic Portraits TM grants you a non-sublicensable, non-transferable and revocable licence to use the portrait provided with the purchase in accordance with these terms and conditions and solely for your personal use and enjoyment.
 

Paying for Portraits and Refunds

Customers must pay for all Portrait Products and other goods or services ordered through the Website or direct bank transfer at the time of purchase using the credit card payment facility or via PayPal in the Website.

 

No other refunds are available in respect of Portrait Drawing and Painting Products. 

  
Exchanges

We do not offer exchanges under any circumstance.


 

Faulty Portrait Upon Arrival

Tam’s Photorealistic Portraits TM has the right to assess the age and condition of returned Portraits that have been used prior to processing a refund or exchange. Unless the portrait is deemed a genuine postal fault, exchanges and refunds will not be provided after use. For online orders, simply email to organise a return, tamsportraits@outlook.com.


Copyright Trade Mark

Tam’s Photorealistic Portraits TM is covered by an official trade mark which covers Tamara Fitzpatrick’s full name, business name Tam’s Photorealistic Portraits, and all drawings and paintings completed by Tamara Fitzpatrick in this business.

 

Privacy

Tam’s Photorealistic Portraits TM is committed to protecting your privacy.   

What we do with your Information:
 

When you purchase a Portrait Drawing or Painting Product, we will have access to personal information about you which you have provided, such as information relating to your finances, your name, postal address.  We will protect this information and only use, disclose or deal with this information in accordance with our Privacy Policy.

 

Tam’s Photorealistic Portraits TM conducts its business across Australia and the world and may need to share personal information with third parties for the purposes of providing the Tam’s Photorealistic Portraits TM goods and services and conducting its business (Purposes).   

 

We may use SMS and/or email to communicate with you.  From time to time, we may send you information about Tam’s Photorealistic Portraits TM by post, email, telephone call or SMS.

We may need to contact you to:

  • administer and process payments;

  • communicate with you regarding any issues affecting your purchase of a Portrait or use of the Portrait Drawing and Painting Products;

  • provide information on services and benefits available to you through the website;

  • provide reminders of the progress of your purchase during its creation;

  • provide you with our periodic newsletters and updates about our services or special offers available to you; and

  • conduct market research or surveys to improve the services provided by Tam’s Photorealistic Portraits TM.
     

If you do not wish to receive any communications or SMS reminders from us, please advise us. 

Keeping a Portrait Private for a Surprise Gift

Tam's Photorealistic Portraits TM is committed to your experience being tailored to your wishes, and if you wish for the portrait you have ordered to be kept a secret (not posted on any social media or websites) Tam and any associated business partners will do so. 

When you order a Portrait Drawing or Painting Product, using the order form on the website, there is a checkbox to tick for consent to your portrait being shared on the website or social media. If you do not give consent the portrait will not be shared and will be kept personal to you.

If you would like the portrait to be kept a surprise until you reveal it, this is also something Tam's Photorealistic Portraits TM is committed to abiding by. Discuss this with Tam during your order, you may fill it in the 'special requests' field, via email or message on Facebook or Instagram pages. 

Consent

How do I give my consent?

 

Customers consent to the disclosure of their personal information for the purposes including to overseas recipients.

Overseas recipients may include entities providing services to us (including computer servers) based in India or worldwide.


When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent or provide you with an opportunity to say no.
 

How do I withdraw my consent?
 

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us on our contact page or via email at tamsportraits@outlook.com
 

Disclosure
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

 

Any personal information you provide to us will be collected for the primary purpose of providing you with Customised Portrait Drawing or Painting Products.

If we are required by law or if necessary for debt collection reasons, your personal information may be disclosed to a third party. 
 

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us (such as shipping).

Tam’s Photorealistic Portraits TM may disclose your personal information (including your contact details) to its professional advisers, a claims processor or an insurer if there is a Claim, a dispute, an investigation by any police authority or any governmental body or similar agency.

 

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
 

In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
 

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.


Age of Consent
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

Questions and Contact Information
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, report a broken link or simply want more information please contact us via email at tamsportraits@outlook.com

Tam’s Photorealistic Portraits TM Rules including for use of social media and the website

Customers must:

  • not use the Portrait Products or the Website for any illegal purpose;

  • not undertake any activity which uses, exploits or affects the Brand or the Tam’s Photorealistic Portraits TM Intellectual Property except for the purposes of your personal use of any goods or services purchased through the Website;

  • not interfere with the enjoyment of another Customer;

  • not perform any fraudulent activity in connection with a Portrait or the Website;

  • not knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or potentially damaging to our technology.
     

Tam’s Photorealistic Portraits TM reserves the right, in its absolute discretion, to remove any social media content and any information posted on any APP or website or social media forum which Tam’s Photorealistic Portraits TM considers breaches the rules set out in this agreement.

 

Customers are responsible for obtaining and maintaining the data network access to use the Website and Portraits. Customers are also responsible for updating their devices to enable use of the Website and any updates to the Website.

Suspension or termination of your use of the Website 

Tam’s Photorealistic Portraits TM may suspend or terminate your registration for a Portrait at any time should it consider that you have breached these terms and conditions or it is otherwise appropriate to do so.

 

Tam’s Photorealistic Portraits TM will suspend or terminate the registration by written notice to the Customer/User (which will include notice by email). This may include but is not limited to when a Customer/User is being investigated by Tam’s Photorealistic Portraits TM or where the Customer is believed to be displaying, or engaging in activity that facilitates illegal activity, depicts sexually explicit images, promotes violence, threatening, defamatory, harassing, abusive or discriminatory content.

 

Tam’s Photorealistic Portraits TM may amend or remove your membership of any Facebook or other social media groups associated with a Portrait, or any posts you place on such social media platforms at any time at its absolute discretion.

Customers may stop using the Website at any time.  

 

Complaints

Customers may make a complaint about any goods or services supplied by Tam’s Photorealistic Portraits TM or any other matter concerning Tam’s Photorealistic Portraits TM by email to tamsportraits@outlook.com.

 

Customers must use the subject line ‘Complaint’ on the email and must outline the complaint in detail including the nature of the complaint, and attach copies of any documentation which supports the complaint.

Tam’s Photorealistic Portraits TM will investigate the complaint and endeavour to respond within 14 Business Days.