Please read this HOLIDAYGRAPHER Agreement as it contains important information about your legal rights, remedies and obligations. By accessing or using the HOLIDAYGRAPHER Website, you agree to comply with and be bound by these Terms of Services.
This HOLIDAYGRAPHER Agreement constitutes a legally binding agreement ("Agreement") between You and HOLIDAYGRAPHER governing your access to and use of the HOLIDAYGRAPHER website, including any sub-domains thereof, and any other website through which HOLIDAYGRAPHER makes its services available.
Our collection and use of personal information in connection with your access to and use of the HOLIDAYGRAPHER Website is described in our Privacy Policy.
You understand and agree that bookings of the Photography Service are accepted by HOLIDAYGRAPHER based on real-time.
In the event of a booking made by a User for any of services ("Booking") listed on the HOLIDAYGRAPHER Website for any destination and for any time period, it shall be deemed that the booking is confirmed on receipt of such Booking request from the User.
In case of confirmed booking:
User agrees that if he/she wishes to reschedule his/her session before 48 hours of Schedule Shoot time, he/she will need to contact HOLIDAYGRAPHER Concierge at the earliest to enable HOLIDAYGRAPHER to make an arrangement of new Shoot Time Schedule, which is subject to availability of assigned photographer. User agrees that in case of reschedule of shoot, if assigned photographer would not be available, in that circumstances User will rebook a new shoot and upon that condition HOLIDAYGRAPHER will give credit of the paid fees to Users and Users can use the said credit within 6 months on HOLIDAYGRAPHER.
You hereby agree and undertake that HOLIDAYGRAPHER reserve the right, in its sole discretion, to charge and collect fees for providing services to its Users.
You hereby agree and undertake to pay Fee to HOLIDAYGRAPHER for availing the chosen services of HOLIDAYGRAPHER as per the Price specified on Website OR as decided by HOLIDAYGRAPHER.
You hereby agree and undertake to pay Fee to HOLIDAYGRAPHER before the Photography Session Commence.
The Website is owned and managed by HOLIDAYGRAPHER and contains content owned or licensed by HOLIDAYGRAPHER. HOLIDAYGRAPHER owns and retains all rights in the HOLIDAYGRAPHER Content. You shall not remove, alter, conceal or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the HOLIDAYGRAPHER Content; and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the HOLIDAYGRAPHER Content.
All the rights, title and interest including intellectual property rights including Copyright subsist in all photographs captured/clicked by photographer as part of the service under this agreement will be of HOLIDAYGRAPHER and at our written request, unconditionally assign all the rights of photographs on us.
You hereby agree that Photographer assigned to you for photo session in his discretion shall select the best images from the shoot and after photo editing, which includes cropping, colour exposure adjustment etc. i.e. light editing, will deliver them in online Gallery with a prescribed quantity of images within your chosen package.
You understand and agree that your package does not include photo shopping or extensive edits to any images.
You understand and agree that HOLIDAYGRAPHER or assigned Photographer will not provide extra photos for compensation.
You understand and agree that HOLIDAYGRAPHER will not provide any raw format to protect its photographer's work.
HOLIDAYGRAPHER respect that people have different comfort levels around sharing photos online and therefore, HOLIDAYGRAPHER understands and agrees that HOLIDAYGRAPHER will never share photos of its User without obtaining written consent from User first.
You understand and agree that by using the Website you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have the personally identifiable information collected, used, processed and transferred to such service providers or affiliates as detailed thereunder.
If you choose to use the HOLIDAYGRAPHER Website or Website Content, you do so voluntarily and solely at your own risk. The HOLIDAYGRAPHER Website or Website Content is provided on an "as is" basis, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity deemed necessary to investigate the HOLIDAYGRAPHER Services, laws, rules, or regulations that may be applicable to your Services, and that you are not relying upon any statement of law or fact made by HOLIDAYGRAPHER relating to service.
The Parties to this agreement mutually agree that any dispute, claim or controversy arising out of or relating to these terms or the breach, termination, enforcement or interpretation thereof, or pertaining to the use of the HOLIDAYGRAPHER Website, Payment, Photography Services, (collectively referred to as the "disputes") will be settled by binding arbitration.
The parties agree that the law governing the present agreement shall be the laws of Australia, and the courts of South Australia, shall have exclusive jurisdiction with respect to any dispute arising from this agreement.
To Accept the terms and conditions mentioned herein above and to use the HOLIDAYGRAPHER Website and Services provided by HOLIDAYGRAPHER, you should be at least 18 years/Major and in case you are not 18-year-old, you parent or guardian permission will be required for the purpose of booking shoot.
If you have any questions about these Terms of Service, please contact us at info@holidaygrapher.com.
Address:
Thinclab, 10 pulteney street
Adelaide, South Australia 5005
Australia
Email: info@holidaygrapher.com