terms of use

 

INTRODUCTION

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of this Website. Please read these terms of use carefully before you start to use the Website.  By using the Website, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the Website.

Information about us

The Website is operated by Richard Graham trading as Richard Graham Photography.

Accessing the Website

Access to the Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of the Website, or our entire Website, to registered users.

You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms and that they comply with them.

Ordering of photographs

After placing an order for a photograph, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.

All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the print product has been dispatched.

Your order will be fulfilled within 21 days of the date of the confirmation, unless there are exceptional circumstances.

The photographs will be at your risk from the time of delivery.

Price and Payment

The price of any photographs will be as quoted on the Website from time to time, except in cases of obvious error.

These prices exclude delivery costs, which will be added to the total amount due.

Despite our best efforts, some prices listed on the Website may be incorrect.  We are under no obligation to provide the photograph to you at the incorrect (lower) price, even after we have sent you a confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

Suspension and Termination

We may suspend or terminate your use of the Website:

– if you are in breach of any of the material terms of these terms of use and, where such breach is remediable, you have not remedied such breach within 30 days of receiving written notice from us; or

– at any time on 14 days written notice.

Events outside our control

We shall not be liable for any delay or failure to perform any of our obligations under these terms of use insofar as the performance of such obligations is prevented by an event or by matters beyond our reasonable control.

Warranties and disclaimers

Subject to the express terms set out in these terms of use and to the maximum extent permitted by applicable law, we hereby disclaim all other warranties, terms and conditions, either express, implied or statutory in relation to the Website.

The Website is provided on an ‘AS IS’ basis and:

– you acknowledge that the Website may not be free of bugs or errors and agree that the existence of minor bugs or errors shall not constitute a breach of these terms of use;

– you remain responsible for your own hardware, images and any other data uploaded onto the Website and you remain solely responsible for making back-ups to protect you images and any other data contained on your account;

– we accept no responsibility for any liability that arises in connection with third parties unlawfully obtaining access to your account in order to abuse the nature and intent of the services we provide; and

– we accept no responsibility for any liability that arises in connection with the theft of your username or password by unauthorised third parties.

Liability and Indemnity

The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy.  To the extent permitted by law, we hereby expressly exclude liability in either contract, tort, negligence, statutory duty or otherwise arising out of the use of or access to the Website (which includes without limitation) any errors or omissions contained in the Website or if the Website are unavailable and we shall not be liable for any direct or indirect:

– economic losses (including without limitation loss of revenues, data, profits, contracts, use, opportunity, business or anticipated savings);

– loss of goodwill or reputation; or

– special, incidental, indirect consequential loss or damage,

suffered or incurred arising out of or in connection with your use of the Website and these terms of use.

To the maximum extent permitted by law, our maximum aggregate liability under or in connection with your use of the Website, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall be limited to a sum equal to any amounts paid by you in connection with the purchase of any photographs on this Website.

Nothing in these terms of use shall limit our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in the Website, and in the material (iuncluding photographic images) published or provided to you, including but not limited to:

– patents, designs, trade marks and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow and confidential information;

– all other rights of a similar nature or having an equivalent effect which currently exist anywhere in the world, or are recognised in the future; and

– applications, extensions and renewals in relation to any of these rights.

You may not print off any copies of any page from the Website. However, you may draw the attention of others within your organisation to images and other material posted on the Website.

Our status as the authors of material on the Website must always be acknowledged.

You must not use any part of the materials on the Website for commercial purposes.

If you print off, copy or download any part of the Website in breach of these terms of use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

As a user, you agree to indemnify us against all costs, liabilities, expenses, losses or damages which we may sustain or incur in connection with any breach by you of the terms of this section governing intellectual property rights.

Reliance on information posted

Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.

The Website changes regularly

We aim to update the Website regularly and may change the content at any time.  If the need arises, we may suspend access to the Website, or close it indefinitely. Any of the material on the Website may be out of date at any given time and we are under no obligation to update such material.

Information about you and your visits to the Website

We process information about you in accordance with our privacy policy. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.

Viruses, hacking and other offences

You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, mobile device data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any Website linked to it.

Linking to the Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any Website that is not owned by you.

The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice.

Links from the Website

Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Jurisdiction and applicable law

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, your use of this Website although we retain the right to bring proceedings against you for breach of these terms of use in your country of residence or any other relevant country. These terms of use are governed by the laws of England and Wales.

Other general provisions

We may revise these terms of use at any time by amending this page or the documents referred to with in it. You are expected to check this page and the e-mail account you use to register on the Website regularly to take notice of any changes, as they will be binding on you from the date on which they are posted on this page or  from the date on which we give you notice of the change via e-mail.

You may not transfer or assign your rights or obligations in relation to your use of the Website without our prior written permission. We may transfer or assign our rights and/or obligations. If we do so, we will provide you with written notice of the transfer or assignment.

The failure to exercise, or delay in exercising, a right, power or remedy provided by these terms of use or by law shall not constitute a waiver of that right, power or remedy.

If any provision, or part of a provision, of these terms of use, is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these terms of use, and the legality, validity or enforceability of the remainder of the provisions of these terms of use shall not be affected, unless otherwise required by operation of applicable law.

These terms of use represent an agreement between you as user of the Website and us as service provider, and no other person can enforce any of its provisions under the Contracts (Rights of Third Parties) Act 1999.

These terms of use constitute the entire agreement between you and us in relation to the use of the Website, and replaces and extinguishes all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.

Contact

If we need to contact you, we will do by post or e-mail sent to the address or e-mail address provided by you. You must notify us if you change your address or e-mail address.

If you have any concerns about material which appears on the Website or wish to contact us for any other reason, please contact us via our website ~Contact Us~