Any person or entity accessing and/or using the Website owned and operated by AgriPix Pty Ltd (ABN 30 682 904 016) (“AgriPix”) agrees to the following terms and conditions (“T&Cs”). These T&Cs apply to all Users and Contributors.

In these T&Cs:-

1. Content includes but is not limited to photographs, images, videos, films, pictures and footage.
2. Contributor means any person or entity who uploads Content to AgriPix or otherwise makes Content available to third parties to view or purchase.
3. User means any person or entity who accesses the Website, creates an account and/or browses, purchases and/or downloads Content.
4. Website refers to the website operated by or on behalf of AgriPix and any associated platform or application.

Section 1: For Users

1.1 License Type

• To view, purchase, licence or download Content, a User must create an account through the Website. All information provided through an account must be true and correct and kept up to date by the User.
• By purchasing a licence or Content from the Website, Users are granted a non-exclusive, royalty-free, non-transferable license to use the selected Content for the purposes specified at the time of purchase (e.g. editorial, commercial, advertising etc.).
• Users do not own the Content or any copyright or intellectual property rights in the Content. Ownership of any Content remains with the individual Contributor.

1.2 Payment Processing

• AgriPix uses third party service providers to process payments through the Website.
• Users authorise AgriPix and its related entities to provide personal information and other details to third party payment providers to enable payments to be processed.
• Users warrant that the payment information provided by them is true and correct, and that they are the authorised holder of any credit card, account or bank account provided by that User.
• AgriPix does not store payment details and is not liable for any unauthorised access to or use of payment details provided by a User.

 1.3 Permitted Uses

• Content may be used only in accordance with the license type selected and paid for at the time of purchasing the Content licence (e.g. web, print, social media).
• Content must not be resold, redistributed, or used in a way that implies endorsement without prior written permission. Users indemnify AgriPix and its related entities, directors, officers, employees and agents for any breach of this obligation.

1.4 Prohibited Uses

• Users must not use Content:
  • For unlawful purposes;
  • In pornographic, defamatory, or misleading ways;
  • In breach of these T&Cs or the terms of the licence for that specific Content; or
  • In any way that violates any person’s privacy or intellectual property rights.

1.5 Model & Property Releases

• While Contributors are encouraged to obtain model and/or property releases prior to taking photographs or videos, AgriPix does not verify, collect, or store these documents.
• AgriPix makes no warranty that any consents have been obtained from any person, place or entity appearing in any Content or that any particular use of any Content is permitted or authorised.
• It is the User’s responsibility to ensure they have the necessary rights to use Content containing identifiable people or private property, especially for commercial purposes.
• Users are responsible for ensuring that their use of any Content complies with all applicable laws and regulations.

Section 2: For Contributors

2.1 Account

To become a Contributor, a User must create an account through the Website. All information provided through the account must be true and correct and kept up to date by the Contributor.

2.2 Original Work Only

• All uploaded Content must be original work and taken or created by the Contributor.
• By uploading any Content or making Content available to view, licence or purchase on the Website, the Contributor warrants that it is the owner of all intellectual property rights in that Content and has the right to licence or sell the Content to third party Users. Contributors indemnify AgriPix and its related entities, directors, officers, employees and agents for any breach of this warranty.
• AI-generated, created or edited Content is not permitted, except in very limited cases (e.g., to remove logos, brand names, or minor copyrighted elements). Any minor use of AI must be clearly disclosed on the Website.

2.3 Ownership and Licensing

• Contributors retain ownership of the copyright in their own Content.
• When a Contributor’s Content is purchased by a User, the Contributor grants to that User a non-exclusive, non-transferable, irrevocable, royalty-free license to use the selected Content for the purposes specified at the time of purchase (e.g., editorial, commercial, advertising).
• Contributors irrevocably waive the right to enforce moral rights in relation to any Content made available on the Website.
• By uploading or making available any Content to the Website, Contributors grant AgriPix an irrevocable, transferrable, royalty-free license to host, display, use, promote, and sell the Content, including to third parties.

2.4 Model and Property Releases

• By uploading or making Content available on the Website, the Contributor warrants that:
  • The Content complies with all laws and regulations;
  • The Content can be used lawfully by AgriPix and any User;
  • Model releases have been obtained from all identifiable individuals, including the legal guardians of minors, and as otherwise required by law;
  • Property releases have been obtained for all recognisable private property featured and as otherwise required by law; and
  • No images have been captured through trespassing or other unlawful access.

• Contributors indemnify AgriPix and its related entities, directors, officers, employees and agents for any breach of these warranties.
• Contributors are solely responsible for collecting and securely storing all required model and property release forms for any Content.
• Contributors agree to provide release documentation upon request by AgriPix or Users. This obligation survives termination of these T&Cs.
• AgriPix does not collect or manage these releases on any Contributor’s behalf.
• By uploading or making available any Content to the Website, Contributors warrant that they have all necessary releases and consents for the Content to be used lawfully by AgriPix and Users.

2.5 Image Quality and Format

• Content uploaded or otherwise made available on the Website must:
  • Be between 3 MB and 75 MB in file size
  • Be submitted in .JPG or .PNG format
  • Be of high quality
  • Be free of logos, watermarks, and copyrighted material

2.6 Metadata Requirements

Contributors agree to the following in relation to metadata:

• Contributors must provide accurate and complete details of production type and location information for all submitted Content. This information may be made available to any third parties.
• Contributors are recommended to supply additional metadata (e.g., descriptive keywords, categories, captions) to improve the discoverability and potential saleability of Content on the Website. This information may be made available to any third parties.
• Where available, Contributors may retain and supply Exchangeable Image File Format (EXIF) data to assist with quality control, attribution, and search optimisation. This EXIF data will only be accessible by Website administrators and used in accordance with the Privacy Policy.
• Contributors must ensure that all metadata is truthful, current, complete, and not misleading. Contributors indemnify AgriPix for any loss suffered as a result of a Contributor’s breach of this obligation.
• AgriPix may edit, correct, or reject metadata that is inaccurate, incomplete, or non-compliant with these T&Cs.
• AgriPix is not liable for any reduction in exposure, discoverability, or sales, including those resulting from inaccurate, incomplete, or missing metadata.

2.7 Content Review

• AgriPix reserves the right to accept, reject, or remove any Content at its absolute discretion without cause, including if the Content does not meet quality standards or violates any policies.

2.8 Payments

• For Artistic Images Content, Contributors can set a one-off price that Users can pay to purchase or licence the relevant Content. For Technical Product images Content, the price shall be calculated using a price list set by AgriPix (as amended from time to time). All prices must be set in Australian dollars and will be a one-off purchase price (not an ongoing fee).
• When a User purchases Content, the purchase price and any additional fees and charges shall be paid by the User to AgriPix.
• The Contributor must honour any purchase made by a User.
• The Contributor grants to any User who purchases Content an irrevocable, non-transferable, royalty-free license to use the selected Content.
• Contributors will receive a percentage of the set purchase price for that Content paid to AgriPix for each Content sale (as agreed between AgriPix and the Contributor at the time of uploading or making available the Content on the Website):
  • 65-80% for Technical Images Content
  • 80-90% for Artistic Images Content
• A Contributor’s percentage share of the sale price paid for that Contributor’s Content (if any) shall be made to that Contributor monthly.
• Payments are made via the Contributor’s nominated method (e.g., PayPal or direct deposit).
• AgriPix is not required to make any payment to a Contributor if the money is not received from a User or is required to be refunded to a User for any reason whatsoever.
• Save for the percentage of the set purchase price above, the Contributor is not permitted to charge AgriPix or a User any further amounts and no further payments or royalties will be paid to the Contributor.

2.9 Exclusivity

• If a User elects to purchase an exclusive licence to specific Content uploaded by a Contributor, the Contributor must honour that exclusive licence and must not sell the Content or a licence to the Content to any other person or entity, whether through the Website or otherwise.
• Exclusive images may attract higher sale prices.

2.10 AgriPix Recommendations

Contributors acknowledge that AgriPix may recommend or suggest locations or types of content for the Website. Contributors acknowledge that AgriPix is simply making suggestions or recommendations and is not endorsing any location or type of content nor making any warranty that any type of content will be purchased by Users or any other person. To the extent permitted by law, AgriPix (and its related entities, directors, officers, employees or agents) shall not be liable for any loss, injury or damage suffered by any person as a result of attending any location or making any type of content recommended or suggested by or on behalf of AgriPix.

2.11 Introduction or Briefs

AgriPix may make introductions or provide briefs or assignments on behalf of an agency or client to individual photographers or videographers which may involve visits to specific locations or detail specific assignments. To the extent permitted by law, AgriPix (and its related entities, directors, officers, employees or agents) shall not be liable for any loss, injury or damage suffered by any person as a result of any such introduction, brief or assignment. If AgriPix receives a fee for this introduction, such fee will be disclosed to the relevant parties in advance.

General Terms (Apply to All Users and Contributors)

• Prohibited Use

Users and Contributors must not:-

• Use the Website for any illegal or unauthorised purpose;
• Share, copy, reproduce, or distribute Content unless permitted by these T&Cs or the terms of a purchased licence;
• Interfere with or disrupt the integrity or performance of the Website;
• Upload or make available any Content that is illegal, racist, sexist, ableist or otherwise offensive or likely to offend;
• Download or access any Content without paying the appropriate licence or purchase fees; or
• Attempt to access data or Content not intended for that User or Contributor.

3.2 Termination

• AgriPix may suspend or terminate any User or Contributor account at any time for any reason, including if the User or Contributor breaches these T&Cs.
• A Contributor may remove their Content from the Website at any time. However, any licenses already sold remain valid and survive termination of these T&Cs.

3.3 Access

The Website may be changed at any time for any reason and access and/or availability may be interrupted, suspended, withdrawn, or restricted at any time for any reason.

3.4 Exclusion of Liability

To the extent permitted by law, AgriPix (and its related entities, directors, officers, employees and agents) are not responsible for and expressly disclaim liability in relation to the following:

• Content made available on the Website, including the completeness, legitimacy, legality, accuracy, or reliability of such Content. Users and Contributors rely on any Content at their own risk.
• Suggestions, comments, reviews, or requests made by any User or Contributor.
• Any amount of any payments. Contributors acknowledge that AgriPix make no guarantee as to whether Contributors will generate any payment of any kind from being a Contributor.
• The availability, accessibility or function of the Website.
• Lost, stolen, or compromised User or Contributor accounts, passwords, email accounts, payment details or any resulting unauthorised activities or transactions.
• The circulation of Content in breach of the T&Cs.

For the avoidance of doubt, nothing in these T&Cs excludes, restricts of modifies any rights under existing laws that cannot be excluded, including the Competition and Consumer Act 2010 (Cth).

3.5 Limitation of Liability

To the extent permitted by law, AgriPix, its related entities, directors, employees, owners, officers, representatives and agents will not be liable for any damages or losses of any kind incurred, directly or indirectly, by any person or entity (including a User, Contributor or third party) as a result of their use of or access to the Website or any Content, including but not limited to:

• Financial losses
• Interruption of service
• Data loss or corruption
• Errors or omissions

To the extent permitted by law, notwithstanding any other provision of the T&Cs, the maximum aggregate liability of AgriPix (and its related entities, directors, officers, employees and agents) to indemnify or otherwise compensate a User, Contributor or any other person (including by way of damages) pursuant to the T&Cs or in any way relating to their use of or access to the Website or any Content, shall not exceed an amount equal to the fees paid by that User or Contributor to AgriPix in the three (3) months immediately preceding the event that lead to the claim.

Users and Contributors agree to indemnify and hold harmless AgriPix and its related entities, directors, employees, owners, officers, representatives and agents from and against any claims, damages, liabilities, loss and expenses whatsoever arising from their use of the Website, Content or any breach of these T&Cs. This indemnity survives termination of the T&Cs and termination of a User’s or Contributor’s account.

3.6 Changes to Terms

AgriPix reserves the right to update these T&Cs at any time. Notice of changes will be posted on the Website. Continuing to use the Website (including a User account or Contributor account) after any change to the T&Cs shall be deemed as acceptance of the amended T&Cs.

3.7 Additional Terms

(a) If any part of the T&Cs are unenforceable in any jurisdiction, that part shall be severed from the T&Cs and the remainder of the T&Cs shall remain in full force and effect.

(b) A failure or delay by AgriPix in enforcing any provision of these T&Cs does not operate as a waiver of that right, or any other right.

(c) Users and Contributors are not permitted to subcontract, assign or transfer any of their rights or obligations under these T&Cs.

(d) AgriPix may subcontract, assign or transfer any rights or obligations (in part or in full) pursuant to these T&Cs.

(e) These T&Cs constitute the entire agreement between AgriPix and each User or Contributor and supersede all prior agreements.

(f) These T&Cs shall operate in conjunction with the AgriPix Privacy Policy.

(g) Nothing in these T&Cs shall create an employment relationship, agency relationship, joint venture or partnership between AgriPix and any User or Contributor. No User or Contributor has any right to bind AgriPix in any way.

3.8 Governing Law

These terms are governed by the laws of Australia and the state of Queensland. Any disputes will be handled under the jurisdiction of Queensland and Australian courts.

If a User or Contributor is not based in Australia, then the parties agree that either party may refer a dispute to arbitration. Arbitration will be conducted in accordance with the Australian Centre for International Commercial Arbitration Rules. The seat of arbitration shall be Melbourne, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one. The decision of the arbitrator shall be final and binding on the parties. This clause shall not prevent a party from seeking urgent or injunctive relief through the Courts.

3.9 Contact

For questions about these T&Cs, email us at:
admin@agripix.com.au