The "Terms" refer to the terms and conditions governing the use of Photographerforhire.co.uk, a trading name for O Caspi LTD (referred to as "we," "us," or "our"). These Terms apply to all Users (as defined below) and cover Photographerforhire.co.uk's website, online services (including social media pages), and related services.
We reserve the right to change or modify these Terms at any time at our sole discretion. It is your responsibility to check the Terms periodically because any changes will be binding on you. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
Through our Services we offer a marketplace and listing site for photographers. Our Services are only available to business entities and individuals who are older than 18 years of age and who can form legally binding contracts under applicable law.
Users of our Services include:
The Services may provide a place for Clients to interact with Vendors and book services that a Vendor offers. As a Client, you acknowledge that while we use techniques to help verify the identity of Vendors when they register for memberships or subscriptions on our Services, we cannot guarantee each Vendor’s identity, capabilities, that it has obtained all required permits, licences or consents, or that it complies with all applicable laws. We do not personally endorse or recommend any particular Vendor nor do we guarantee the quality of their goods or services. You should use our Services as a starting point for identifying organisations that provide the products and services you need, and then conduct your own research to ensure the service providers you choose to do business are appropriate for you.
In the event that you are accepting the Terms on behalf of a company or other legal entity, you affirm and guarantee that you possess the power to legally bind that company or entity to the Terms. In such a situation, the terms "you" and "your" shall refer to the said company or entity.
As a Vendor, you acknowledge that we will not provide personal recommendations or endorsements of you or your products or services. We bear no responsibility for aiding you in the process of reaching an agreement with Clients or for helping you to provide goods and services to Members. Moreover, your membership or subscription to our Services is non-transferable and cannot be sold to a third party.
As a Vendor you must list the true and correct name of your business on the Services. If there is a change to that business name, Vendors must promptly update the Services and may need to provide additional documentation for proof of name change. Vendors who engage in the sale of goods and services must have a valid business operations licence, as applicable.
We may provide various forms of memberships or subscriptions, both paid and free. An example of a free membership may be a "Free Trial," or other unpaid Vendor memberships. It is important to note that these unpaid memberships do not ensure any advertising placement or additional benefits. We retain the right to modify the terms or cancel any of these unpaid memberships at any time.
We may also offer memberships or subscriptions that require payment from the Vendor, known as "Paid Subscriptions." The Terms and Conditions of Sale are applicable to these Paid Subscriptions and are integrated into our association with Vendors. In the event that there is a conflict between these Terms and the Terms and Conditions of Sale, the latter shall take precedence.
These Terms and any other terms and conditions applicable to the Services are governed by English law. Photographerforhire.co.uk and you agree to submit to the exclusive jurisdiction of the English courts, but if you are a consumer and you live in Scotland, Northern Ireland or the Republic of Ireland, the courts of those jurisdictions shall also have jurisdiction in relation to any dispute about these Terms.
As a User, it is important to understand that we do not provide any products or services, nor do we act as a vendor or representative for any Vendor. Our Services function solely as a neutral digital platform, enabling Users to connect with one another for specific types of services or products. We are not a participant or involved party in the actual transactions that take place between Users. While we do take measures to verify Vendors that are listed on our websites, we have no control over the accuracy of Vendor listings or the transactions that occur on our Services.
We do not have controlor authority over a Vendor's ability to provide items or services, or a Client's ability to pay for such goods or services. Additionally, we do not offer any representations or warranties and are not accountable for the actions or inactions of our Users.
In order to access specific features or sections of the Services, you may need to register and establish an account. By doing so, you consent to providing truthful, precise, current, and complete details about yourself, as instructed by the relevant registration or log-in form. It is your responsibility to ensure that this information remains current and up-to-date, including your contact information. Additionally, certain features of the Services may only be available to Clients
You must comply with all applicable laws and contractual obligations when you use the Services. In using the Services, you also agree to abide by the rules outlined below.
As a User of the Services, you expressly agree not to:
If you are a Vendor, in addition to the above, you further expressly agree not to:
We reserve the right to suspend any User’s access to the Services and/or cancel the contract of any User that violates these rules.
Our Services contain copyrighted material, trade marks, inventions, know-how, potentially patentable business method material, designs (including the look, feel, appearance and graphic function of the Services), design logos, phrases, names, logos, HTML code and/or other computer code and/or scripts (collectively, “Intellectual Property Content”). Unless otherwise indicated and/or provided pursuant to a third-party licence, our Intellectual Property Content is our sole property, and we retain all rights, interests and title thereto.
You are permitted to use the Services and any Intellectual Property Content included on the Services for your own personal, non-commercial use only. Any use of the Services or such content for commercial purposes is strictly prohibited. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute any material from the Services in any manner or medium, including by email or other electronic means, unless such use is explicitly authorized in these Terms. Framing or linking to the Services is not allowed without our prior written permission.
The Services feature various Marks that we own or have licensed for use, including the "Photographerforhire.co.uk" mark. Unless explicitly authorised in writing, you agree that you have no right, property, license, permission, or interest of any kind in or to the Marks, nor is it intended to be given or transferred to you through the execution, performance, or non-performance of the Terms. You are not allowed to contest or deny the validity of our right or license to use the Marks, nor may you encourage or assist others, directly or indirectly, to do so during or after the lifetime of the Terms. You must not use the Marks or any similar marks in any manner that would harm their reputation or goodwill or diminish their value.
You shall not use or register any domain name, trade mark, or service mark that is identical to or similar to any of the Marks.
The Services may offer Users the opportunity to submit or post information to the Services, and to share information with other Users through Vendor advertisements and listings, and other means. You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information.
Any information submitted by you to the Services through any means is “Submitted Content.” We acknowledge that you retain ownership of all Intellectual Property Content that forms part of the Submitted Content.
By posting Submitted Content, you expressly represent and warrant that (i) you are the owner of any and all Submitted Content; or (ii) you are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce, and distribute Submitted Content. You further represent and warrant that all persons and entities connected with the Submitted Content, and all other persons and entities whose names, voices, photographs, likenesses, works, services, and materials have been used in the Submitted Content or its exploitation, have authorised the use of their names, voices, photographs, likenesses, performances, and biographical data in connection with the advertising, promotion, trade and other exploitation of the Submitted Content and the rights granted herein.
Users are solely responsible for their Submitted Content. We do not control the Submitted Content of Users and we are not responsible for its accuracy or legality. You assume legal responsibility for and will be responsible for all costs and losses suffered by us as a result of any of your Submitted Content.
This clause applies to the Submitted Content that Users will upload, post, or otherwise publish in the website.
By posting Submitted Content to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant to us, perpetual, non-exclusive, transferable, fully-paid-up, royalty-free, worldwide licence to publicly display, reformat, excerpt (in whole or in part), and distribute such Submitted Content for any purpose and in any format on or in connection with the Services, our business, or the promotion thereof. Additionally, by providing Submitted Content, you authorise us to use the names, voices, photographs, likenesses, performances, and biographical data included in or associated with any Submitted Content in connection with the advertising, promotion, trade and other exploitation of the Submitted Content and the rights granted herein. You acknowledge that we may not be able to remove content from social channels or publications.
By using our Services, you agree not to post any Submitted Content that you know is incorrect or not current.
You further agree not to post Submitted Content or take any action that:
We reserve the right, but do not have the obligation to monitor, remove, or restrict any Submitted Content for any reason, including, without limitation, that your Submitted Content is in violation of these Terms or is otherwise inappropriate, as determined in our sole discretion.
Decisions related to preventing, restricting, redressing, or regulating Submitted Content, or implementing other enforcement measures against any Submitted Content (or refraining from taking such measures), may involve complex considerations and may need to be made with limited information, time constraints, and other complicating factors. In making these decisions, we will strive to act in good faith.
You agree explicitly that our Representatives and any other authorized individuals acting on our behalf shall not be held liable in any circumstance for any representation regarding whether we would or would not restrict or redress any Submitted Content, conduct, or alleged violation of the Terms (although this does not limit any rights you may have to take action against us concerning such representations).
Clients: The Services are provided to Clients free of charge. We may offer optional fee-based services, which may include services provided by third parties. Your use of such services shall be subject to any applicable additional terms and conditions which may include the third parties’ terms and conditions, and in such circumstances, the third parties, and not us, are responsible for delivering any purchases goods or performing any booked services, and in issuing any applicable refunds. The fee and timing of payments for the fee-based service will be described separately as part of the applicable fee-based service.
Vendors: Vendors with valid Vendor accounts may purchase paid services (e.g. subscriptions). Such services may be subject to additional terms. Subscription services can be cancelled at any time. Refunds are not available for any subscription periods that have already begun.
We reserve the right, at our sole discretion, to introduce new services for extra fees and charges at any time. In our effort to improve the Services, we continually experiment with new initiatives and product offerings and may modify the operation of the Services, such as the sequence and style of advertisements displayed on it, the method of service delivery, and the pricing structure for new customers.
By using the Services, you agree to assume all risks associated with such use. Although we enable users to communicate with each other, we are not responsible for monitoring such information and communications, and we are not a party to any transactions or interactions that may occur between users, whether online or offline. Moreover, to the maximum extent permitted by applicable law, we neither represent nor warrant that any vendor is licensed, qualified, insured, or capable of performing any product or service, nor do we make any representations or warranties regarding the expertise, professional qualifications, or quality of work of any vendor, or the suitability, reliability, or accuracy of the products and services they provide. We provide the Services, including any content provided, displayed, or generated through the Services, or any products or services ordered or provided through the Services, on an "as is" and "as available" basis. Consequently, we make no guarantees that:
Although we make efforts to ensure that the information posted on the Services is accurate and current, we reserve the right to modify or correct any of the information at any time. We cannot, and do not, assure the accuracy, timeliness, precision, thoroughness, or completeness of any of the information provided on the Services. We do not offer advice, and we cannot anticipate how you may use the information provided on the Services.
IN NO EVENT SHALL Photographerforhire.co.uk, ITS PARENTS, SUBSIDIARIES OR OTHER AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, or OUR REPRESENTATIVES, CONTENT OR SERVICE PROVIDERS (THE "Photographerforhire.co.uk PARTIES") BE LIABLE TO YOU OR ANYONE ELSE FOR INDIRECT DAMAGES, LOSS OF PROFITS (DIRECT OR INDIRECT), ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON INFORMATION CONTAINED ON THE SERVICES, WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. THE LIABILITY OF THE Photographerforhire.co.uk PARTIES (AS DEFINED ABOVE) TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO, IN THE CASE OF A VENDOR, THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR, IN THE CASE OF A WEBSITE VISITOR OR A CLIENT, £100.
This Section 18 shall not limit or exclude the Photographerforhire.co.uk Parties' liability for: (i) fraud; (ii) fraudulent misrepresentation; or (iii) death or personal injury arising from negligence.
You are solely responsible for any interactions you have with other Users, and we are not a party to any disputes that may arise between you and other Users. Although we reserve the right to monitor such disputes, we are not obliged to do so. Any and all communications, whether verbal or written, correspondence, warranties, or representations regarding products and services offered by Users through the Services are not provided by us and are specifically and exclusively between the Users.
By using our tools to create a website, you agree to release the Photographerforhire.co.uk Parties from any and all claims, demands, and damages, whether actual or consequential, of any kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected to the content you upload on the website created by you using our tools, or any personal data that you publish and process on the website created by you using our tools.
Website Visitors and Vendors may terminate their use of the Services at any time by ceasing to use the Services. Upon terminating their use of the Services, Vendors who wish for Photographerforhire.co.uk to delete their accounts and associated data may request deletion by contacting Photographerforhire.co.uk
We have the right to deny access to, and to suspend or terminate your access to, the Services, or to any features or portions of the Services, and to remove and discard any content or materials you have submitted to the Services, at any time and for any reason (including without limitation for legal or regulatory reasons, if Users unduly use the websites or information stored thereon in an unlawful manner or in a way that harms the assets or rights of third parties). Where reasonably practicable and permissible by law, we will endeavour to give you prior written notice of such suspension or termination.
Actions that may result in the rejection or removal of your participation can include, but are not limited to: any violation of the Terms; your creation, maintenance and/or management of more than one account; your non-payment in full any unpaid fees; any attempt by you to improperly influence, or cause another to improperly influence the feedback of Clients; your unethical conduct, to be determined at our sole discretion; or any attempt by you to harass, or cause another to harass, or have inappropriate communications with a Client.
If you are a Vendor, after your relationship with us is terminated for any reason, we shall be entitled to retain and display all reviews associated with you on the Services as well as basic directory information, including, without limitation, business name, mailing address, website address and telephone number.
Remedies for use of our Services that violate the Terms include, but are not limited to, the immediate termination of your membership, notifying our Users of your actions, issuing a warning (including a public warning), temporarily suspending your membership, monetary compensation, and injunctive relief.
We take claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any materials accessible on or from the Services violate your copyright, you can request the removal of such materials from the Services by submitting a written notification to us.
The written notice must include the following:
Completed notices should be sent to us.
We control and operate the Services from our facilities in the United Kingdom and, unless otherwise specified, the materials displayed on the Services are presented solely for the purpose of promoting products and services available in the United Kingdom.