TERMS OF SERVICE

 

OVERVIEW

This website is operated by Great Image. Throughout the site, the terms “we”, “us” and “our” refer to Great Image. Great Image offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or availing our services, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, photographers, customers, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

GENERAL CONDITIONS

By agreeing to these Terms of Service, 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.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SERVICES

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any request you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

MATCHING

A Subject will be able to book the Photography Services though the Site (“Booking”). However, even when a Photographer is matched with or chosen by a Subject for a Booking, Great Image reserves the right to change which Photographer actually provides the Photography Services for a particular Booking, in its sole discretion. Great Image will endeavor to notify the Subject of any such changes in advance.

 

INTELLECTUAL PROPERTY

Great Image and you as our client will own the copyright of the pictures from your photoshoot. The photographer however does not own the copyright. By using Great Image you agree to let Great Image use the photoshoot pictures at its own discretion on the media channels owned by Great Image, including by not limited to the Great Image BLOG, INSTAGRAM ACCOUNTS, HOMEPAGE, APPS.

You acknowledge that Great Image will own the copyrights of all the photos that Great Image created and produced, and we reserve the right to use them to promote the Great Image business, therefore, you agree to give Great Image consent for all the photographs and videos produced by Great Image to be published, displayed or used for the benefit of Great Image (e.g. editorial, and exhibition) and to release all the rights to claim for any the profit or further compensation, in whatsoever manner, that may arise from such use.

However, Great Image will make every effort not to use your pictures in external media channels not owned by Great Image, without your permission. You agree to release Great Image and the relevant photographer from all liability for libel, invasion of privacy, and all causes of action whatsoever in relation to the photos their making and use, you or your property including without limitation any liability for alteration of the photos, whether intentional or otherwise, that may occur during the making, editing or subsequent use of the photos.

 

BOOKING TIME

Great Image acts as a booking system for photographers. By booking a photographer for example from 1pm till 3pm, you only have them available for you during those 2 hrs. If you choose to travel from point A to B, that will be part of the 2-hour reservation. Should you come late to the photoshoot, that will also be deducted from the 2-hour photoshoot.

 

TRAVEL EXPENSE

Our photographers are local photographers in the city where you will do the photoshoot. Therefore, there are no travel or accommodation expenses. However, if you want your photoshoot to happen on remote places that are more than 1 hour outside of the city center, there might be an additional charge. Please check with our support team prior to your booking.

 

OTHER EXPENSES

Entrance fees to such places like Theme parks are not included in the 2-hour fee. Should there be an entrance fee, you will have to pay for the entrance fee for the photographer.

REFUND POLICY

If you have already booked a session but cannot make it, we will be happy to cancel it for you with a cancellation charge of P2500. However, if you cancel your session in less than 3 (three) days before your session, no refund will be issued.

If you would like to reschedule your photo session to an earlier or later time within the session date, we can arrange that for you free of charge, provided that the assigned photographer is available. If you would like to move your session to a different date, we can arrange that for you with a rescheduling charge of P1000. This, however, does not apply to bookings made using discount or promotion codes. No refund will be issued and rescheduling is not permitted for sessions purchased during promotions.

 

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

LIMIT OF LIABILITY

In the unlikely event that the assigned photographer from us is unable to perform to the guidelines of this contract due to an injury, illness, act of terrorism, or other cause beyond our control, we will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the booking.

In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond our control, including but not limited to camera, hard drive, or equipment malfunction, our liability is limited to the return of all payments received for the booking.

 

PAYMENT TERMS

General

Each Subject agrees to pay all applicable fees for Photography Services  and fees for any digital downloads or prints purchased either through a package or after the completion of the Photography Services (“Purchased Prints”) as set forth on the Site (collectively, “Photographer Fees”).   All Photographer Fees are payable in the currency specified on the Site at the time of Booking.  If a Subject requests amended Photography Services, including but not limited to changes to the time, location or type of Photography Services provided (“Variation”), a change fee may be charged.  All change fees are payable before any Variations will be accepted and performed.

If you make a payment by credit card or other payment instrument, you represent and warrant to Company that such information is true and that you are authorized to use such payment instrument.  You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.  You agree to pay Company the amount that is specified on the Site for Photographer Fees and in accordance with the terms of such fees and purchases and this Terms of Service.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Great Image and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Philippines.

 

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at kat@takemyfoto.com.