Terms & Conditions Childcare & Kindergarten
Section 1 — Terms of Service
Covers how we provide photography services, your account responsibilities, intellectual property, consent, limitation of liability, and dispute resolution.
Section 2 — Terms of Sale
Covers purchasing images and products, pricing, the non-refundable registration credit, digital downloads, prints, shipping, and our returns policy.
Section 3 — Privacy Policy
Covers how we collect, use, store, and protect your personal information and your child’s images in compliance with Australian privacy law.
Simple, transparent, and designed with families in mind
Governed by the laws of Victoria, Australia
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.
Terms of Sale
Peach Pear Plum Photography — Childcare & Kindergarten Photography
These Terms of Sale apply to all purchases of images, prints, products, and related services made through the Peach Pear Plum Photography online gallery.
By completing a purchase, you confirm that you have read and agree to these Terms.
1. Registration Credit — Non-Refundable
Important: Please Read Carefully
Your registration credit is not a booking fee or deposit. It is a prepaid credit that goes directly toward your image order. By completing registration, you acknowledge and agree that:
• The credit covers photographer time, professional editing, and gallery creation — all of which are completed regardless of whether you choose to purchase
• The credit is strictly non-refundable under all circumstances, including change of mind, decision not to purchase, or dissatisfaction with images
• The credit must be applied toward image purchases within your gallery during the ordering window
2. Ordering — All Orders Are Final
Please carefully review your cart before completing checkout.
Because orders are processed quickly, all orders are considered final once placed. We are generally unable to make any changes after checkout. To avoid errors:
• Favourite your preferred images first before adding to cart
• Double-check product types, sizes, and quantities before payment
• Confirm your credit has been applied at checkout
All orders placed within the ordering window and prior to the closing date are eligible for bulk delivery to your centre. Orders placed after the closing date may only be eligible for digital products or home delivery.
3. Gallery Access & Ordering Window
Galleries are available online for a limited time only. The ordering window is communicated by email. Please place your order within this window to avoid missing out.
• After the ordering window closes, galleries may be archived or removed
• Peach Pear Plum Photography is not responsible for missed ordering deadlines
• Gallery reactivation after archiving may incur an additional fee
• Only digital products may be available outside the ordering window — print products have a fixed closing date
4. Pricing & Payment
All pricing is displayed within your gallery. Prices include applicable taxes and are subject to change prior to purchase. The final amount charged is shown at checkout before payment is confirmed.
Valid payment information must be provided at checkout. Peach Pear Plum Photography reserves the right to cancel an order if payment cannot be processed and an alternative is not provided. You are solely responsible for any applicable taxes or fees not collected at the time of purchase.
In the event of a pricing error on the site, Peach Pear Plum Photography is not obligated to fulfil orders at the incorrect price. We will contact you to apply the correct price or offer a full cancellation.
5. Digital Images
Single Digital images are delivered instantly via secure download link following payment. It is your responsibility to download and save your files immediately.
• Digital images are non-refundable due to their instant delivery nature — please select your images carefully
• Files are supplied as high-resolution JPG (suitable for printing up to 11x14″)
• RAW (unedited) files are never provided
• Downloads are available for 3 months after purchase
• After this period, files are archived and a retrieval fee applies
Please download your images to a desktop or laptop immediately after purchase and back them up to a secure location such as an external drive or cloud storage.
Full digital galleries and any packages that include them are delivered differently due to their larger file size and curation process.
This includes:
• Full Digital Gallery & Album Pack
• The Ultimate Momentos Album Pack
• Additional full digital gallery
• Any packages containing a full digital gallery
These are delivered via email within 2 business days of purchase.
• Delivery is made to the email address provided at checkout
• Please ensure your email details are entered correctly
• It is your responsibility to download and securely store all files upon receipt
• Full digital gallery packages are also subject to the same personal use licensing and copyright terms
6. Prints & Physical Products
Print products are fulfilled by professional third-party print labs to the highest quality standards. Peach Pear Plum Photography facilitates and supports this process but the physical production is performed by our print partners.
Please note that colours may vary slightly between your screen and the printed product due to screen calibration differences. Printing technology and materials may also affect the final result.
Returns & Replacements
We offer returns or replacements only where products are:
• Faulty or damaged upon delivery
• Incorrect (wrong image or product type)
Returns must be requested within 30 days of receipt. Change of mind does not qualify for a refund or exchange. Items must be returned in unused condition.
All photographs are produced to professional standards. Colour photographs may gradually fade over time, particularly if exposed to direct sunlight or stored without glass protection. We cannot accept responsibility for deterioration caused by storage or display conditions.
7. Shipping & Delivery
Complimentary bulk delivery to your childcare centre or kindergarten is available for orders placed before the stated closing date. Home delivery is available for an additional fee as shown at checkout.
• Peach Pear Plum Photography is not responsible for delays caused by postal or courier services
• Once an order has been dispatched, we are not liable for items lost in transit — claims must be made directly with the carrier
• We reserve the right to substitute a carrier of equal or lesser cost at our discretion
• Shipping charges shown at checkout are subject to verification and may be corrected before processing
8. Digital Image Licensing
Purchasing a digital image grants you a non-exclusive, non-transferable, personal-use licence only. All copyright, title, and ownership of images remain with Peach Pear Plum Photography.
You May:
• Display images on personal websites, devices, and social media
• Print images for personal use and display in your home
• Share images with family and friends
You May Not:
• Resell, sub-licence, or redistribute images in any form
• Use images in advertising, business materials, or any commercial context
• Receive financial compensation for use of images
• Use images in pornographic, illegal, defamatory, or offensive contexts
• Incorporate images into trademarks, logos, or service marks
• Make images available for download by others
• Use images for business, educational, or event purposes without a commercial licence
A commercial licence may be available upon request. Please contact us at info@peachpearplumphotography.com.au to discuss.
9. Social Media
You are welcome to share your purchased images on personal social media. We kindly ask that:
• Images are not altered with filters or heavy editing adjustments
• You tag or credit @peachpearplumphotography where possible
• You do not share class group photos publicly (see Section 10)
10. Class Group Photos
Class group photos are supplied as a printed 5x7″, 6x8″ or 8×10″ image only. Digital files are not provided for class images.
Privacy Notice: Class photos contain images of multiple children. Please do not share class photos publicly on social media or any digital platform, as they include other families’ children whose consent for public sharing has not been given.
11. Product Descriptions & Errors
Peach Pear Plum Photography endeavours to maintain accurate and up-to-date product information at all times. However, we do not guarantee that all descriptions, dimensions, pricing, or colours are completely accurate or error-free.
Product colours and brightness may appear differently depending on your device. If any product is not as described or pictured, your sole remedy is to return the item in unused condition within 30 days of receipt for a full refund (less original shipping costs).
12. Before You Checkout — Quick Reference
• All orders are final once placed — please review your cart carefully
• Digital images are non-refundable due to instant download delivery
• Your registration credit is non-refundable and must be used toward your order
• Images are for personal use only
• Do not screenshot or share unpurchased watermarked images
• Download and back up your digital files promptly after purchase
Privacy Policy
Peach Pear Plum Photography — Childcare & Kindergarten Photography
Peach Pear Plum Photography is committed to protecting your privacy and the privacy of your children. This Policy explains how we collect, use, store, and protect your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).
Last updated: 2026 • Contact: info@peachpearplumphotography.com.au
1. Who We Are
Peach Pear Plum Photography is a professional photography business based in Melbourne, Victoria, providing portrait and group photography services to childcare centres and kindergartens. Our online galleries are hosted via Pixieset.
For any privacy-related enquiries, please contact us at: info@peachpearplumphotography.com.au
2. What Personal Information We Collect
We may collect the following personal information when you register, access your gallery, or make a purchase:
Parent / Guardian Information:
• Full name
• Email address
• Postal address (for home delivery orders)
• Phone number
• Payment information (processed securely via third-party payment providers — we do not store card details)
Child Information:
• Child’s first name (for gallery organisation and labelling)
• Childcare centre or kindergarten name
• Room or group name
• Photographic images of your child
3. How We Collect Personal Information
We collect personal information:
• Through your registration form completed via your childcare centre or kindergarten
• When you create an account or access your Pixieset gallery
• When you make a purchase through our online gallery
• Through enquiries sent to our email address
• Via cookies and usage data collected automatically when you visit our website or gallery (see Section 8)
4. Why We Collect & Use Personal Information
We use your personal information to:
• Deliver and manage your photography session and online gallery
• Process and fulfil your orders for digital images and print products
• Communicate with you about your gallery, order, and our services
• Send you relevant updates and promotional content (where you have consented)
• Comply with legal and regulatory obligations
• Improve our services and user experience
We will not use your personal information for any other purpose without your consent.
5. Images of Children
Photographs taken by Peach Pear Plum Photography are personal and sensitive in nature. We treat all images of children with the highest level of care.
Image Use Consent
During registration, you will be asked whether you consent to your child’s images being used for promotional purposes. You may select Yes or No.
• If you consent (Yes): images may be used on our website, social media, and marketing materials
• If you do not consent (No): your child’s images will not be used in any promotional context
• No identifying information (child’s name, centre name, or location) is ever shared publicly alongside any image
You may withdraw your consent at any time by contacting us in writing at info@peachpearplumphotography.com.au.
6. Gallery Security & Access
All galleries are hosted via Pixieset and are password-protected. Access is restricted to registered users only. We take all reasonable steps to ensure your gallery and personal information are secure.
• Gallery passwords should not be shared with anyone outside your immediate family
• Images in the gallery are watermarked to protect against unauthorised use
• Screenshots or unauthorised downloads of watermarked images are a breach of copyright and are not permitted
• Galleries are available for a limited time and may be archived after the access period ends
7. Sharing Your Personal Information
Peach Pear Plum Photography does not sell, rent, or trade your personal information to third parties. We may share your information with:
• Pixieset (our gallery hosting provider) — for gallery delivery and management
• Professional print labs — solely for fulfilling your print product orders
• Payment processors — for secure payment handling (we do not store card details)
• Australian authorities — if required by law or to protect the safety of any person
All third-party providers are required to handle your information securely and in accordance with applicable privacy laws.
8. Cookies & Website Analytics
Our website and Pixieset gallery may use cookies to improve your experience, remember your login, and track usage patterns. Cookies do not collect personally identifiable information.
You may choose to disable cookies in your browser settings, although this may affect your ability to access certain features of the gallery. By continuing to use the site, you consent to the use of cookies as described above.
9. Data Retention
We retain your personal information only for as long as necessary to fulfil the purposes for which it was collected, or as required by law.
• Gallery images and purchase records are retained for the current calendar year
• After this period, galleries are archived and images are removed from online access
• A retrieval fee may apply if you request access to archived material
• If you request deletion of your personal data, we will comply where it is lawful to do so
10. Your Privacy Rights
Under the Privacy Act 1988 (Cth) and the Australian Privacy Principles, you have the right to:
• Access the personal information we hold about you
• Request correction of inaccurate, outdated, or incomplete information
• Withdraw consent for promotional use of your child’s images at any time
• Request deletion of your personal data (subject to legal obligations)
• Lodge a complaint with the Office of the Australian Information Commissioner (OAIC) if you believe your privacy rights have been breached
To exercise any of these rights, please contact us at: info@peachpearplumphotography.com.au
11. Marketing Communications
We may occasionally send you information about our services, upcoming photography sessions, or promotions. You may opt out at any time by:
• Clicking the “unsubscribe” link in any marketing email
• Contacting us directly at info@peachpearplumphotography.com.au
Please note: opting out of marketing emails does not affect transactional communications related to your gallery or orders.
12. Changes to This Policy
We may update this Privacy Policy from time to time. Any updates will be posted on our website and/or communicated via email. Continued use of our services following any update constitutes your acceptance of the revised Policy.
13. Contact Us
If you have any questions, concerns, or complaints regarding this Privacy Policy or the way we handle your personal information, please contact us:
• Email: info@peachpearplumphotography.com.au
• Website: www.peachpearplumphotography.com.au
We take your privacy seriously and are committed to keeping your family’s information safe.