Stuart Wilde Photography Ltd

PRIVACY POLICY & TERMS OF SERVICE

General

1.1 Protecting your privacy and the information you provide us is a top priority for Stuart Wilde Photography Ltd.
1.2 By visiting our Website, you are accepting the practices described in this Privacy Policy.
1.3 Any information submitted is collected, managed and retained by Stuart Wilde Photography Ltd
1.4 Please be aware that your access to our Services may be subject to certain third party terms and conditions and privacy policies, including but not limited to third party payment processors.
1.5 You agree that Stuart Wilde Photography Ltd is not liable for any such third party terms and conditions and their use of your personal information (information related to you that can identify you).
1.6 We do not transfer, sell or rent your personal information to third parties in any way other than what is stated in this Privacy Policy.
1.7 Unless stated otherwise, this Privacy Policy only deals with the use and communication of information collected by Stuart Wilde Photography Ltd
1.8 Those Privacy Policy provisions are part of our Terms of Service
1.9 CANCELLATION OF BOOKING: If a confirmed shoot is cancelled or postponed for reasons outside the control of the Photographer (including unsuitable weather / light), the Photographer reserves the right to charge a cancellation fee at the following rates together with all incurred expenses: On Shoot Duration of two days or less:
1. cancellation on less than 3 Working Days notice - 100% of Fee + all expenses; or
2. on 3 to 6 Working Days notice - 75% of Fee + all expenses; or
3. on more than 6 Working Days notice - 50% of Fee + all expenses. On Shoot Duration in excess of 2 days and on notice equivalent to:
4. the Shoot Duration or less -100% of Fee + all expenses; or
5. more than the Shoot Duration but not more than twice the Shoot Duration - 75% of Fee + all expenses; or
6. more than twice the Shoot Duration - 25% of Fee + all expenses.
7. all down payments/deposits paid for wedding photograph bookings are non-refundable

Usage

2.1 Stuart Wilde Photography Ltd treats all personal information according to EU law or the law in the country in which you reside or operate (whichever applies).
2.2 We collect two types of information from you: personal information (as described above in Article 1) and non-personal information (such as website navigation data).
2.3 We do not transfer, sell or rent your personal information to third parties in any way other than what is stated in this Privacy Policy.
2.4 We request only the personal information that we need to operate our Services and improve our Website’s user experience.
2.5 We do not use your personal information to create any advertising creative.
2.6 We partner with third-party advertising networks to either display advertising on our Website or to manage our advertising on other sites.
2.7 These ad network partners do not collect and do not have access to any personally identifiable information.
2.8 We may use your personal information for the following purposes:
2.9 Use of your Email associated with your Account in order to send you newsletters in conjunction with your use of our Services.
2.10 If you do not wish to receive newsletters you may unsubscribe by clicking the unsubscribe link in the newsletter Email.
2.11 If you want to stop receiving Emails from Stuart Wilde Photography Ltd, you will have to opt-out via your Account.
2.12 Stuart Wilde Photography Ltd uses website navigation data to operate and improve the Website.
2.13 Stuart Wilde Photography Ltd may also use website navigation data alone or in combination with your personal information to provide aggregated information.
2.14 We store all the information that is tracked through standard Google Analytics but we do not save this information on our databases.
2.15 All the information, described in this article, shall be used in accordance with applicable laws and regulations.
2.16 We do not use your personal information in any other context other than the one described in our Terms of Service and this Privacy Policy.

Protection

3.1 To protect our Users’ privacy, personal information is not published in any way to other Users or third parties.
3.2 Stuart Wilde Photography Ltd reserves its right though to share your personal information to a third party in case of sale merger, control change, reorganisation or liquidation of the Company.
3.3 All such actions shall be completed in compliance with applicable laws of personal data and privacy.
3.4 We do not make any personal information available to third parties for their marketing purposes.
3.5 If however, we share your personal information and data with third parties, we will notify you.
3.6 Please note that no transmission over the internet can be fully guaranteed in its confidentiality and non-disclosure, and as such, you transmit at your own risk.
3.7 Stuart Wilde Photography Ltd uses robust security measures to protect personal information from unauthorised access, maintain personal information accuracy, and help ensure the appropriate use of personal information.
3.8 When the Services are accessed using the internet, Secure Socket Layer (SSL) technology protects your data using both server authentication and data encryption.
3.9 These technologies help ensure that your information is safe, secure, and only available to you to whom the information belongs and those to whom you have granted access.
3.10 Stuart Wilde Photography Ltd also implements other advanced technology measures to prevent interference or access from outside intruders.
3.11 We do not tolerate Spam and to report Stuart Wilde Photography Ltd related spam please contact us at [email protected]
3.12 You may not use our communication tools to send spam or otherwise send content that would violate our Terms of Service.
3.13 We may check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content of the Website, but we will not permanently store messages sent through these tools.
3.14 Stuart Wilde Photography Ltd does its utmost to secure its information storage in order to protect confidentiality of your personal information against loss and interception by third parties.
3.15 However, it is important to know that there is no zero-risk against loss or interception by others of your personal information.
3.16 You are responsible for maintaining the security and confidentiality of your Account’s username and password.

Storage

4.1 We save your personal information in our database in order to improve our Website’s and user experience and in accordance with our Terms of Service.
4.2 If you wish that your personal information be permanently deleted from our database when you stop using our Services, please notify us at [email protected]

Payment

5.1 We use a third-party payment processor to bill Users.
5.2 Each User can pay the fees due via our Website and the processing of payments shall be subject to the privacy policies of the Payment Processor in addition to this Privacy Policy.
5.3 We only collect the personal information stated in General of this Privacy Policy.
5.4 Any additional information requested by the Payment Processor is collected and stored by the Payment Processor and not Stuart Wilde Photography Ltd
5.5 Stuart Wilde Photography Ltd does not collect nor store any credit card or other billing information.
5.6 We only store a User’s identification code to verify payment by a User, sent by the Payment Processor to Stuart Wilde Photography Ltd
5.7 We are not responsible for the use of your personal information by the Payment Processor.

6.1 Stuart Wilde Photography Ltd uses cookies to improve your experience of our Website.
6.2 When you visit our Website, Stuart Wilde Photography Ltd servers send a cookie to your web browser and you can delete these cookies at any time.
6.3 Standing alone, cookies do not personally identify an individual, cookies merely recognise the web browser.
6.4 If you are using our Services and you choose to identify yourself to us, Stuart Wilde Photography Ltd uses session cookies containing encrypted information to allow Stuart Wilde Photography Ltd to uniquely identify you.
6.5 Each time you log into the Services, a session cookie containing an encrypted, unique identifier that is tied to your account and is placed on your browser.
6.6 These session cookies allow Stuart Wilde Photography Ltd to uniquely identify you when you are logged into the Services and download our themes and to process online data transactions and requests.
6.7 Session cookies are required to use the Services.

Legal

7.1 We cooperate with law enforcement authorities, as well as with other third parties, to enforce laws, intellectual property rights and to prevent fraud.
7.2 In response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, we can, and you authorise us to, disclose your name, Email address and Website use history, with or without a subpoena.
7.3 Without limiting the above, we will not disclose your personal information to any law enforcement or other governmental officials without a subpoena or court order, except when we believe in good faith that the disclosure of information is necessary to protect our rights, enforce our policies, respond to claims that your use of our Services violates Stuart Wilde Photography Ltd policies or rights or others, or protect anyone’s rights, property or safety.

Consent

8.1 By using our Website, you consent to the collection and use of your personal information and data as described in this Privacy Policy and our Terms of Service.

Changes

9.1 If our Privacy Policy procedures change, we will post those changes immediately to our Website.
9.2 Any such changes will be effective immediately from the time they are posted, unless otherwise stated in the change provision.
9.3 Email notification will be sent to Users who request it.

Last Modified: 21st May 2018

Terms of Service

Terms

1.1 The following Terms of Service govern all use of the Stuart Wilde Photography Ltd website and all content and Services available at or through the website.
1.2 The Website and Services are owned and operated by Stuart Wilde Photography Ltd 1.3 You must be over 18 years old in order to use our Services.
1.4 Our Services are offered subject to your acceptance without modification of all of the Terms of Service contained herein and all other operating rules, policies and procedures that may be published from time to time on this site by Stuart Wilde Photography Ltd
1.5 Please read the Terms of Service carefully before accessing our Services.
1.6 By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Website and/or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service, our Privacy Policy incorporated herein by reference and all other operating rules, policies and procedures that we may be publish from time to time on the Website.
1.7 We encourage you to review the Website and these Terms of Service periodically for any updates or changes.
1.8 If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Website.

Registration

2.1 Only registered Users may purchase themes on our Website.
2.2 Once you are registered, you have your own account.
2.3 You may register on our Website by providing the following personal information: Your name, Email address, Username and Password.
2.4 You consent to our access to and collection of such personal information about you.
2.5 You can see our Privacy Policy for more information regarding how we use the personal information that we collect from you.
2.6 Once you are registered, you may login to your Account with your Username and password.
2.7 You are responsible for maintaining the security of your password and Account.
2.8 You are fully responsible for all activities that occur under this Account and any other actions taken in connection with this Account.
2.9 You must immediately notify Stuart Wilde Photography Ltd of any unauthorised uses of your Account or any other breaches of security.
2.10 Stuart Wilde Photography Ltd not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
2.11 During the sign-up process, you may also select the option of receiving Email offers from us.

Intellectual Property

3.1 The Terms of Service does not transfer from Stuart Wilde Photography Ltd to you any of our or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Stuart Wilde Photography Ltd
3.2 The Stuart Wilde Photography Ltd logo and all other trademarks, Service marks, graphics and logos used in connection with the Website are trademarks Stuart Wilde Photography Ltd
3.3 Our Website may contain our Service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos.
3.4 Your use of our Website does not constitute any right or license for you to use such Service marks/trademarks, without the prior written permission of the corresponding Service mark/trademark owner.
3.5 Our Website is also protected under international copyright laws.
3.6 The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited.
3.7 Your use of our Website does not grant you ownership rights of any kind in our Website.

Copyright Infringement

4.1 As Stuart Wilde Photography Ltd asks others to respect its intellectual property rights, it respects the intellectual property rights of others.
4.2 If you believe that material located on or linked to by Stuart Wilde Photography Ltd violates your copyright, you are encouraged to notify Stuart Wilde Photography Ltd at [email protected]
4.3 Stuart Wilde Photography Ltd will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
4.4 Stuart Wilde Photography Ltd will terminate a User’s access of the Services as described in ARTICLE if, under appropriate circumstances, the User is determined to be a repeat infringer of the copyrights or other intellectual property rights of paul-stafford.com ltd. or others.

Licence

5.1 We have decided to make our themes available to our Users pursuant to the GPL license, which means you can share them, alter them, reproduce them or repurpose them for your own use.
5.2 You are however bound by the terms of the GPL license.

Responsibility

6.1 You agree to provide accurate and complete information about yourself and to maintain and update that information.
6.2 If the information you provide is untrue, inaccurate, incomplete or not current, we reserve the right, in our sole discretion, to suspend or terminate your Account.
6.3 You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content.
6.4 When using our Website, you shall not:
Take any action that imposes an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure.
Interfere with the proper working of the Services we provide or any activities conducted on the Services.
Attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services.
Run any form of auto-responder or ‘spam’ on the Services.
Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the site.
Otherwise take any action in violation of our guidelines and policies.
Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction.
Modify, translate, or otherwise create derivative works of any part of the Services.
Copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
Act in such a way that the Services are damaged, interrupted or made less efficient.
Manipulate or abuse the Services, or act in such a way that it creates an unreasonable strain on the Services.

Permissions

7.1 The following actions/activities are not permitted on our Website:
Content: You may not use any of our themes in a way that infringes any third party right or violates any law or contractual duty.
Fraud/Unlawful use: You may not use our Website for any unlawful purposes or to conduct illegal activities.
Multiple accounts: To prevent fraud and abuse, Users are limited to one active account and any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Stuart Wilde Photography Ltd community will be disabled.
Selling accounts: You may not buy or sell Stuart Wilde Photography Ltd accounts.
7.2 You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission.
NOTE: Any violations to the Terms of Service is cause for permanent suspension of all accounts.

Security

8.1 You are responsible for maintaining the security of your Account.
8.2 You must immediately notify us of any unauthorised uses of your Account or any other breaches of security.
8.3 If you have a suspicion that someone has unauthorised access to your Account, you must immediately notify us at [email protected]
8.4 You will shortly after receive a confirmation from our support team that they are investigating the issue.
8.5 Any attempt at unauthorised access (i.e. hacking) to the Website or any of our servers is illegal and will be prosecuted.
8.6 We are entitled to block or close your Account if such unauthorised access happens through your Account or with the use of your passwords.

Pricing

9.1 In the event that you book with us and you are not satisfied with our Services, you may request a refund up to 30 days following your purchase by contacting us via [email protected]
9.12 At the expiration of the 30-day period, you understand and agree that no refunds shall be available.

Payment

10.1 We use a third-party payment processor to bill Users.
10.2 Each User can pay the fees due via our Website and the processing of payments shall be subject to the terms, conditions and privacy policies of our payment processor in addition to our Terms of Service.
10.3 We are not responsible for error or delays by the payment processor.
10.4 By placing an order for the purchase of one of our plans, you agree to pay us, through the payment processor, all charges at the prices stated for the applicable order.
10.5 You further authorise us, through the payment processor, to charge your chosen payment provider and you agree to make payment using that selected payment method.
10.6 Τhe terms of your payment will depend on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.
10.7 Your non-termination or continued use of the Services authorises us to charge you, via your selected Payment Method as described in Article 9.

Suspension

11.1 In the event that the User is in breach of any laws or our Terms of Service, Stuart Wilde Photography Ltd shall instantly abrogate the User’s Account without notice and reserves the right to take any action as it considers appropriate, desirable or necessary, including but not limited to taking legal action against such User.
11.2 Stuart Wilde Photography Ltd reserves the right at any time to immediately terminate or suspend any User’s Account or access to the Website without notice, where paul-stafford.com is of the opinion that the User has breached any of Terms of Service or violated any law or regulation, and to take further action as Stuart Wilde Photography Ltd in its sole discretion considers appropriate, desirable or necessary without liability to make any refund of amounts paid.
11.3 Stuart Wilde Photography Ltd shall have the sole and absolute discretion to decide whether the User has breached any of the Terms of Service, and such decision shall be final.
11.4 In case Stuart Wilde Photography Ltd has not exercised the right under this paragraph, it shall not be deemed to be a waiver.
11.5 Users with disabled Accounts will not be able to purchase themes on our Website.
11.6 Users who have violated our Terms of Service and had their Account disabled may contact our customer support team at [email protected] for more information surrounding the violation and status of the Account.

3rd Party Sites

13.1 This Website may contain links to sites owned or operated by third parties.
13.2 Such links are provided for your reference only and we do not control such sites and we are not responsible for their content.
13.3 We reserve the right to terminate a link to a third party site at any time and the fact that we provide a link does not mean that we endorse, authorise or sponsor that site.

Service Disclaimer

14.1 We will make all reasonable efforts to ensure that the Website is available at all times.
14.2 We cannot guarantee that the Website or any individual function or feature of the Website will always be available and/or error free.
14.3 The Website may be unavailable during periods when we are implementing upgrades or carrying our essential maintenance on the Website.

Limitation of Liability

15.1 Stuart Wilde Photography Ltd does not guarantee any results from using the Service.
15.2 Our themes are not suitable for generic website development.
15.3 Our Service is provided on an “as is” and “as available” basis and use of the Service is at your own risk.
15.4 To the maximum extend permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
15.5 No advice or information, whether oral or written, obtained by you Stuart Wilde Photography Ltd or through our Services will create any warranty not expressly stated herein.
15.6 Without limiting the foregoing, Stuart Wilde Photography Ltd, it’s subsidiaries, its licensors and affiliates, do not warrant that the content is accurate, true, reliable, correct or complete, that the Service will meet your requirements, that the Service will be available at any particular time or location, uninterrupted or secure, that any defects or errors will be corrected or that the Service is free of harmful components.
15.7 Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.
15.8 In no event shall Stuart Wilde Photography Ltd, it’s officers, directors, employees or agents, be liable to the User for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever.
15.9 This limitation on liability includes, but is not limited to:
Personal injury or property damage, of any nature whatsoever, resulting from your use of the website.
Any loss or damage due to unauthorised access to or use of our serves and/or any and all personal information stored therein.
Any loss or damage due to interruption or cessation of transmission to or from our website or interoperability problems.
Any loss or damage due to bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party.
Any errors or omissions in any content.
Any defamatory, offensive, or illegal conduct of any third party.
Any statement or conduct of any third party on the website.
Any loss or damage resulting from your use, or inability to use, any portion of our website or for any loss or damage of any kind in your data.
Any loss of your revenue, profits or goodwill.
15.10 The limitations on liability apply whether liability is based on warranty, contract, tort, or any other legal theory, and whether or not Stuart Wilde Photography Ltd is advised of the possibility of such damages.
15.11 You understand and agree that Stuart Wilde Photography Ltd is not responsible for any technical issues, any kind of damage as described in the above paragraph, or loss of data occurred during the implementation and integration of our themes to the servers, carried out by hosting service companies.
15.12 Stuart Wilde Photography Ltd has no control over the hosting service of Users websites and disclaims any liability in this regard.

Indemnification

16.1 You agree to indemnify and hold harmless Stuart Wilde Photography Ltd, its contractors, its licensors, its affiliates and their respective directors, officers, employees and agents from and against any and all claims and expenses including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of these terms.
16.2 You agree to defend, indemnify and hold Stuart Wilde Photography Ltd and any affiliated Stuart Wilde Photography Ltd or individual, harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with:
The use of the Website or your placement or transmission of any message or information on this Website by you or your authorised users.
Your violation of any of the Terms of Service
Our violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights.
Our violation of any law, rule or regulation
Any claim or damages that arise as a result of any submission or Communication that you provide to Stuart Wilde Photography Ltd.
Any other party’s access and use of the Website with your unique username, password or other appropriate security code.

Assignment

17.1 Stuart Wilde Photography Ltd reserves the right to assign to third parties any rights, licenses, and/or obligations arising out of or relating to these terms without restriction.
17.2 You may not transfer or assign any of its rights, or delegate any of its duties, under this contract, either in whole or in part (including by merger or operation of law), without the prior written consent Stuart Wilde Photography Ltd
17.3 To the extent the license or any rights or obligations hereunder are transferred, assigned or delegated in a manner that is permitted by these terms, these terms shall be binding upon all your successors and assigns hereto (including any transferee or assignee of all or substantially all your assets and any successor by merger or operation of law).

Modification

18.1 Stuart Wilde Photography Ltd may amend these Terms of Service at any time by posting a revised version on the Website.
18.2 Each revised version will state its effective date, which will be on or after the date posted by Stuart Wilde Photography Ltd
18.3 If the revised version materially reduces your rights or increases your responsibilities, we may post it in advance of the effective date to give you notice.
18.4 Notification will be provided through the Website user interface, or be sent to the Email address associated with your Account or otherwise; or you will be asked to opt-in or otherwise expressly agree to the changes or a version of these Terms of Service incorporating the changes.

General Terms

19.1 These Terms shall endure for the benefit of and be binding upon the respective administrators, successors and assigns of each party hereto.
19.2 All terms, conditions and warranties in these terms are essential terms and a breach or non performance hereto of any terms, conditions, warranties, schedules hereof shall entitle Stuart Wilde Photography Ltd to either terminate your Account and claim damages or terminate without any claim for damages or claim damages without terminating your Account.
19.3 No failure or delay by Stuart Wilde Photography Ltd in exercising any right or remedy provided by law under or pursuant to these terms shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise of any other right or remedy.
19.4 Termination of the Account shall not affect the accrued rights of Stuart Wilde Photography Ltd arising in any way out of these Terms of Service as at the date of termination and, in particular but without limitation, the right to recover damages against the other, and all provisions of these Terms of Service which contemplate or are capable of operation after termination shall survive the termination of the license and shall remain in full force and effect.
19.5 If any of the provisions of these Terms of Service become invalid, illegal or unenforceable in any respect under any applicable law, the validity and enforceability of such provision shall not be considered affected in any other jurisdiction and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired and all of them shall remain in full force and effect so long as the economic or legal substance of the transactions contemplated by these Terms of Service is not affected in any manner materially adverse to any party.
19.6 Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties hereto shall negotiate in good faith to modify these terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.

Last Modified: 21st May 2018