Terms and Conditions
This agreement applies as between you, the User of this Web Site and Bright Sparkles Photogragy, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
After your photo-shoot when you come to collect your portraits, should you wish to purchase any further portraits please let us know on that day, otherwise your portraits may all be deleted.
If you are unable to make your photo-shoot date, you must provide the studio with 3 days prior notice anything under is at the studio’s discretion to reschedule you.
If your photo-shoot is not rescheduled for within 30 days of your original booking, any special offer/gift will no longer be available.
- Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Content”means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Service”means collectively any online facilities, tools, services or information that Bright Sparkles Photography makes available through the Web Site either now or in the future;
“System”means any online communications infrastructure that Bright Sparkles Photography makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users”means any third party that accesses the Web Site and is not employed by Bright Sparkles Photography and acting in the course of their employment; and
“Web Site”means the website that you are currently using brightsparkles.co.uk and any sub-domains of this site (e.g. subdomain.BrightSparkles.com>) unless expressly excluded by their own terms and conditions.
Voucher duration. Voucher validation dates may vary. Please check your voucher for the expiry date stated. Vouchers are valid until and inclusive of the expiry date and cannot be redeemed after the expiry date stated.
Use of multiple vouchers. Only one gift voucher can be used per studio booking.
Use of promotional codes. Promotional codes cannot be used in conjunction with gift vouchers.
Postal vouchers. There are additional costs associated with provision of a postal voucher. Such costs are added to the voucher cost and shall be paid at the point of purchase. Please allow up to 7 days for delivery of a postal gift voucher.
Voucher redemption. Services must be pre-booked. Vouchers can be redeemed by phone. There is no option for online or email redemption. Redemption contact details are provided on the voucher with the number attached with the method of contact.
Refunds. Vouchers are non-refundable and cannot be redeemed for cash and carry no cash value.
Photo-shoot Availability. Spaces are only secured once a time has been booked, so it is recommended that you book as early as possible to avoid disappointment.
Transfer. Vouchers are non-transferable and cannot be exchanged for cash.
Lost or stolen vouchers. Lost, stolen or destroyed gift vouchers will not be exchanged or refunded.
Cancellation. In the unlikely event that you may need to reschedule your photo-shoot, please allow up to three working days to notify the studio. Rescheduling your photo-shoot is subject to availability.
Complimentary Portraits. Sizes are 7x5 unless stated otherwise and any upgrade is to the studios discretion. If you fail to attend a session or viewing and do not notify the studio within 72 hours of the day of arriving you will miss out on your complimentary option/offer.
- Intellectual Property
- All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Bright Sparkles Photography, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
- Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Bright Sparkles Photography.
- Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
4. Do not take any photos in the studio. If you are seen taking any pictures you may be liable to paying the full package amount of £850. This will be to the discretion of the photographer.
- Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Bright Sparkles Photography or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
- Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.brightsparkles.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Bright Sparkles Photography. To find out more please contact us by email at firstname.lastname@example.org or 0779 229 6096.
- Bright Sparkles Photography makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
- No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
- Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Bright Sparkles Photography accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- Limitation of Liability
- To the maximum extent permitted by law, Bright Sparkles Photography accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
- Nothing in these terms and conditions excludes or restricts Bright Sparkles Photography’s liability for death or personal injury resulting from any negligence or fraud on the part of Bright Sparkles Photography.
- Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
- No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Your child is your responsibility at all times. For the consideration indicated below, I agree that the Photographer and any person, firm or company acting on their behalf or with their consent is entitled to use any images derived from photographs taken on the date(s) mentioned below for professional marketing purposes and in any media. I also agree that the images may be combined with other images, text and graphics, and may be subject to digital enhancement. I accept that I will not be entitled to any further payment in respect of the sale or commercial use of the photographs and that I have no copyright or other intellectual property rights in any of them. Post-production and image enhancement can be requested. Bright Sparkles are not responsible for store uses, such as vehicle parking.
I undertake not to institute proceedings, claims or demands against the Photographer or any third party who lawfully acquires the photographs or images in respect of any usage of the above mentioned photographs. No refund issued for booking fee and once orders are placed. Any changes or amendments must be discussed before placing your order. Changes to your order after it has been placed is at the studio’s discretion. This model release cannot be retracted once signed. Studio provider will not be held responsible for anything in relation to Bright Sparkles. Any person part of the photo shoot can be made responsible for collecting portraits and thoroughly checking each portrait before signing the customer proofed section. Bright Sparkles accepts no liability for loss or damage of portraits.
- Law and Jurisdiction
These terms and conditions and the relationship between you and Bright Sparkles Photography shall be governed by and construed in accordance with the Law of England and Wales and Bright Sparkles Photography and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.