Terms of Use
I offer you a warm welcome to the Natalia Smith Photography website.
Within these Terms of Use – ‘I’, ‘we’ ‘us or ‘our’ refers to Natalia Smith Photography and ‘you’ or ‘your’ refers to the visitor or user, singular also refers to plural, masculine to feminine and vice versa.
These Terms & Conditions govern the use of this website, by continuing to use the website you are deemed to have accepted these Terms & Conditions and our Privacy Policy. You must not use or access this website if you do not accept or disagree with any part of these Terms or our Privacy Policies or if it would be illegal under the Laws of the country from where you gain access.
1) Unless otherwise stated, the website design, images, graphics, text, layout, software, source code and appearance is intellectual property owned by or licensed to us, we grant you a license to view the pages in this website, downloading is permitted for caching purposes and personal use only.
2) Any Trade Marks reproduced within this website that are not the property of us or a licensor are recognised, acknowledged and respected.
3) Reproduction, publishing, duplicating, copying, distribution. broadcasting, transmitting, displaying, translating, modifying or otherwise using material on this website is prohibited (without our express written consent) and all intellectual property rights are reserved.
4) Colours, layout, design, images etc may subject to distortion or placement, position or proportion issues dependent on the type of device used to access the website and any personal adjustments or setting within that device.
5) The information on our website constitutes an ‘invitation to treat’, nothing shall be taken as a contractual offer or acceptance of a contractual offer.
6) The content, prices, offers, product/service specifications and availability are subject to change without notice or may be stated incorrectly or in error.
7) We may revise these Terms of Use from time-to-time. Any revision or amendment will apply to the use of our website from the date of the publication on our website. Please check this page regularly to ensure you are familiar with the current version.
8) Whilst we will make all reasonable endeavor to maintain continuous and secure access to our website and its services, technology and equipment can function incorrectly or fail to function at all, the operation and availability of the website and services may be interrupted or interfered with beyond our control and cannot give any warranties or guarantees nor shall we be liable in contract, tort or negligence in respect of your inability to access the website or loss, damage or corruption of any data.
9) Any information or details provided within the website is done so without warranty that it is free from errors or to its accuracy or that any particular product is suitable or appropriate for your needs. If you subsequently place an order it is your sole responsibility to ensure the services meets your requirements and desires.
10) Viewing our website does not create any obligation upon you to make, or us to accept an order, nor does it guarantee you acceptance, we reserve the right not to accept any offer without giving reason.
11) All orders are done so under our standard Terms and Conditions for Services, which will have been agreed separately.
12) Where you are provided with a password to view your wedding photographs, it shall be your sole responsibility to keep the password safe, if you suspect the password access has been misused, please contact us immediately in order that the password can be changed.
13) The website may include advertisements or links to other websites and are provided for convenience and information only. Links and advertisements are not intended to be, and shall not be taken to be an endorsement of any content or products nor does reacting to an advertisement constitute an irrevocable offer of sale or contract. We cannot be held liable in any way whatsoever for the content or products on a linked website.
14) You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
15) You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
16) You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website.
17) Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
18) We may collect information about your visit or the equipment you use to access the website in full accordance with our Privacy Policy.
19) In the interest of keeping users safe and we may use any method available to us, including technical and legal to prevent or remedy a breach of these terms.
20) Neither party shall be held in breach of this agreement, or held liable in damages for any event, delay, default resulting from Force Majeure (A force of nature or ‘Act of God’) or conditions which do not arise as a result of a breach of a duty of care or negligence, including but not limited to adverse weather, war, strikes, fires, floods. Governmental restrictions, power failures, failure of suppliers, sub-contractors or carriers or other causes beyond the reasonable control of the party, providing that the party experiencing the difficulty provides prompt written notification.
21) Our liability to you in relation to the use of our website or under or in connection with these Terms of Use, whether in contract, tort (including negligence) or otherwise, will be limited as follows-
a) to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;
b) to the extent that we do not offer advice in relation the products, and any purchase is recommended to seek their own independent advice, we will not be liable for any consequential, indirect or special loss or damage, loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information; and
c) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control.
d) Nothing in these Terms of Use (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
e) A person or company who is not party to the agreement shall not have any rights, benefits or obligations under the Contract (Rights of Third Parties) Act 1999
f) If there is any conflict between these terms of use and any other contract between the parties in relation to any product or service referred to within this website, the contract terms shall prevail.
g) If any provision of these Terms is held invalid or unenforceable by a Court of competent jurisdiction, the remaining provisions will remain in full force and effect. Wherever possible the invalid or unenforceable Term shall be replaced by one with a similar effect or meaning.
h) No forbearance or delay in enforcing these Terms or any other legal right shall prejudice, restrict, interfere or otherwise diversely affect the right to enforce those Terms at a later time or for a subsequent breach.
i) These Terms of Use are constructed and governed in accordance with English Law and in the English language, the courts of England and Wales have exclusive jurisdiction to adjudicate and provide determinations on any dispute arising from or in relation to them.