TERMS OF USE

IMPORTANT INFORMATION – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE!

Please read these Terms of Use (“Terms”) carefully. The following is a legal agreement between you (“user”) and Jade Thorby Photography (defined below), which governs your use of Products & Services (defined below) obtained by purchase through this website at www.jadethorby.com, or any related domains or subdomains (the “Site”).  In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refer to Jade Thorby Photography, Sole Proprietor, doing business as Jade Thorby Photography.

“Products & Services” referred to by these Terms include but are not limited to: photography services, and photography products, including prints, folio box collections, 9-up wall gallery, digital images, and any other documents provided for paid purchase or for which you supply personal information in exchange, including free downloaded material or other information available through the Site, obtained from Jade Thorby Photography.  All such Products & Services are the intellectual property of and are owned by Jade Thorby Photography.

By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Jade Thorby Photography's products & services immediately.

Understand that by using the Site, any Products, services or applications for which you tender payment or otherwise obtain through the Site, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.

WHAT WE DO

Jade Thorby Photography is a resource through which you may obtain portrait photography services & products.

 PRIVACY POLICY

Jade Thorby Photography permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy available here: http://www.jadethorby.com/privacy-policy which is incorporated herein by reference.

Jade Thorby Photography will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you.  Jade Thorby Photography will not sell or otherwise distribute this information to any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations. Jade Thorby Photography is the sole manager of such information collected on the Site.  Jade Thorby Photography will use such information to respond to you as necessary.  You grant Jade Thorby Photography a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular Product or service, such as for shipping of Products.

AFFILIATE LINKS

Links on the Site may be affiliate links controlled by parties other than Jade Thorby Photography to help support the maintenance of the Site.  Jade Thorby Photography does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate sites and makes no guarantees as to the quality or content of the same.  You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release Jade Thorby Photography from any loss or damage incurred from dealing with such affiliate.

STOCK PHOTOGRAPHY

Stock photography may be used on the Site – all images are being used under license through the company providing the stock images.

 CONTACT

By using the Site and entering personal information, you give Jade Thorby Photography permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new Products and services or changes to the terms of the privacy policy.  Should you prefer not to be contacted by e-mail, please let Jade Thorby Photography know by emailing us at info@jadethorby.com and we will kindly refrain from doing so.

RETURN/REFUND POLICY

You acknowledge that all Products and materials are non-refundable and not returnable, under any circumstances.  All sales are final. 

NO WARRANTIES

PRODUCTS ARE PROVIDED “AS IS”. JADE THORBY PHOTOGRAPHY OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FORMS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

OBTAINING MATERIALS AVAILABLE THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK.  JADE THORBY PHOTOGRAPHY MAKES NO WARRANTY THAT THE SITE, PRODUCTS OR MATERIALS WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES.

LIMITATION OF LIABILITY AND INDEMNIFICATION

EXCEPT AS PROHIBITED BY LAW, JADE THORBY PHOTOGRAPHY SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, SERVICES OR PRODUCTS, INCLUDING LAWYER'S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION.    EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO JADE THORBY PHOTOGRAPHY, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR PRODUCTS AND SERVICES.

GOVERNING LAW; VENUE

These Terms shall be construed in accordance with, and governed in all respects by, the laws of the country of New Zealand. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state courts for the city of Hamilton, NZ.  Jade Thorby Photography reserves the right to change or modify these Terms at any time without notice to You.  Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of Jade Thorby Photography’s services.

Any questions regarding the above Terms may be directed to:

info@jadethorby.com

All rights reserved © Copyright 2018 Jade Thorby Photography