Terms and Conditions

 

The website http://www.photographers247.co.uk is provided by Kerved Ltd (“Photographers 24/7”, “we”, “us” or “our”), located at 86-90 Paul St, London, EC2A 4NE. Below are the terms and conditions pertaining to http://www.photographers247.co.uk (“our site”, “platform” or “the site”). By using our site, you are bound by the terms and conditions within this document.

“Customers” and “Photographers”

For the purpose of this document, a “Customer” (or “Customers”) is someone who seeks a quote for their job, and a “Photographer” (or “Photographers”) is someone who provides a quote to a Customer. Collectively, Customers and Photographers are known as “Users”.

 

Photographers 24/7

Our Site is a platform connecting customers seeking a quote, with registered photographers who match the job criteria. Quote Requests must not break any laws, and must comply by the terms and conditions within this document. We do not take any responsibility for the accuracy of quote requests, nor the ability of the customer to pay for the work. Users accept sole responsibility for the legality of their actions under applicable laws, and are not to assume that jobs, and associated activities, are legal due to being posted on the site. Users must not post or quote for jobs that are prohibited by law.

 

Photographers

We cannot, and do not guarantee work completed by photographers that a user finds through the site. We do implement strategies to ensure information presented to users is correct and valid. Further to this, users can view a photographer’s customer generated feedback from past clients.

 

Photographer Registration

Photographers wishing to register for a business account must be over the age of 18, with permission to work within the United Kingdom. We reserve the right to cancel or restrict any photographers acting in bad faith or acting under the guise of a false identity.

 

Requesting a Quote – Customers

In order for a customer to request a quote, they must have the legal ability to advertise the job as required. The job, and all associated terms, must be explained within the description. Customers should ensure that the job is placed within the correct photo type and region.

 

Quoting – Photographers

By providing a quote, photographers agree that they are legally allowed to tender for the relevant job, and are legally able to perform the jobs description.

 

Liability

In the event that you have any right, claim or pursue action against any other user or users from those user’s use of Photographers 24/7, you agree to agree to pursue such right, claim or action independently of and without recourse to us, and you release Kerved Ltd, our directors and employees, from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.

 

Information Control

Information provided by other users on the site is not controlled by us. Use caution and common sense when using Photographers 24/7. There is a risk of user’s information being offensive, harmful, deceptive, or inaccurate, and underage and individuals acting under false guises may also use this site. By using the site, you agree that Kerved Ltd is not responsible for the actions or omissions of users.

 

Fees

Customers can request a quote for their job at no cost.

Photographers are charged a subscription fee on a recurring monthly, quarterly or annual basis. We reserve the right to change this fee without notice in the future. Subscription fees are paid in advance before access is granted to the quoting functionality of the site. Payment is taken securely on the site via either credit or debit card. After successfully subscribing, you will receive a receipt for your payment via email.

 

Refund/Cancellation Policy

Subscription fees are not refundable. Photographers can cancel their membership anytime by selecting the “cancel membership” button within their account membership manager. After cancellation, no further payments will be taken, and your membership will expire at the end of the paid membership period.

 

Your Information

Your information incorporates any data or information provided by you or other users in relation to the sites function, including registration, quote requests, messages and quotes. You are responsible for the information provided. Photographers 24/7 simply distributes the appropriate information across certain channels.

Your information and activities on the site must not be fraudulent, false, inaccurate or misleading, offensive, abusive, defamatory, or in breach of copyright, privacy or any other rights. Your information must not infringe on any copyright, trade mark, patent or trade applicable laws or regulations, and not contain obscene, indecent or pornographic information, images or data.

Your information must not create liability for us or cause lose (in whole or part) the services of our internet service providers or other suppliers. Your information must not link directly, or indirectly to any other website. Your information may not contain any computer viruses, macro viruses, Trojan horses, worms, or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information. Your information may not cause the site to be interrupted, damage, rendered less efficient or such that the effectiveness or functionality of the site is in any way impaired.

 

Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the site for any purpose without our express written consent. You agree that you will not take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the site without our prior written permission and the appropriate third party, as applicable. You agree that you will not interfere or attempt to interfere with the proper working of the site or any activities conducted on the site. You agree not to bypass measures we may use now or in the future to prevent or restrict access to the site. You do not have permission to extract, copy or re-utilise any parts of our site.

 

User Contact Information

When a Photographer bids on a job, the customer will receive an email including information of the quote. Customers can reply securely within the platform, and their contact details will remain hidden from the photographer. If a customer replies directly to the email, further communication will take place off the site, and email addresses will become visible. Once a customer accepts an offer over the site, their contact details will become visible to the photographer who is awarded the job. All users can view the photographers profile information, including any contact details provided. Users must only use contact details from the site for the sole purpose intended by the platform, and not abuse such details for unsolicited and commercial messages. Furthermore, you shall only use information in accordance with applicable laws and regulations, including data protection and privacy laws. Under no circumstances, except as defined in this Section, can you disclose personally identifiable information about another user to any third party without our consent and the consent of such other user after adequate disclosure. We do not tolerate SPAM or unsolicited commercial communications and neither do our users. You agree that you will not add a site user, to your mailing list without their express written consent after adequate disclosure. To report spam from another Photographers 24/7 user, please contact us.

 

Breach

We may limit your site activity, issue a warning, suspend or terminate your user registration, or any other listing, and refuse to provide the platform’s services without notice if you breach these terms and conditions, or associated policies or documents. These conditions also apply if we suspect malicious or false intent, or if your actions may cause financial loss or legal liability.

 

No Warranty

Photographers 24/7 (and directors and employees) do not guarantee continuous, uninterrupted or secure access to our services. Operation of the site may be interfered with by numerous factors beyond our control. The site and services are provided as is, and as & when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

 

Limitation of Liability

Kerved Ltd hereby disclaims all warranties and conditions with regard to the Material and any goods or services supplied in relation to the site, whether express or implied or statutory (including all implied warranties and conditions of merchantability and fitness for a particular purpose). In no event shall Kerved Ltd be liable for any indirect, punitive, special, incidental, or consequential damages whatsoever even if Kerved Ltd has been advised of the possibility of damages including, without limitation, damages for loss of use, data or profits arising out of or in any way connected with the use or performance of the site, interruptions or delays to the site, the provision of or failure to provide services, or for any information, material, goods and services obtained through the site or otherwise arising out of the use of the site, whether based on contract, tort or otherwise to the fullest extent permitted by law. Our liability to you or any third party, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, in any circumstance is limited to the greater of the total fees (if any) you have paid to us in relation to a quote listing.

 

Indemnity

 

You agree to indemnify and hold us (including our directors, agents, and employees) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these terms and conditions (including the documents incorporated by reference), or your violation of any law or the rights of a third party.

 

Notices

 

Unless otherwise explicitly stated, notices to Photographers 24/7 must be sent by registered mail to Kerved Ltd, 86-90 Paul Street, London EC2A 4NE, and notices to you will be sent to the email address that you provide to us during the registration process, or that has been updated within your account, (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail.

 

Governing Law and Legal Compliance

 

These terms and conditions shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts. Please note: your country (and/or that of any user you deal with) may have laws, which apply to your transactions with other users regardless of what you agree with us or with that user. The laws of your country may be different from English law, including laws governing what can jobs can be legally advertised or bid on. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the site and your quoting/requesting a job. There is no practical way for us to continually monitor the laws of every country, or each user transaction. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past.

 

Dispute Resolution

 

Disputes between users should be reported to the appropriate local enforcement body. Disputes with us should be dealt with by contacting our customer service team.

 

Third Party Rights

 

A person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions but this does not affect any right or remedy of a third party specified in these terms and conditions or which exists or is available apart from that Act.

 

General

If any provision of these terms & conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions remain enforceable. You agree that these terms and conditions and all incorporated agreements may be automatically assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and Photographers 24/7 are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these terms of use. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms of use set forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of these terms of use. This Agreement will prevail over any conditions a job owner may have specified in the description of a quote and our Privacy Policy which are incorporated in these terms of use by use of reference. Each of the policies may be amended from time to time. If material changes occur, you will be sent an email explaining the changes. Sections (Fees), (Limitation of Liability), (Indemnity), (Governing Law and legal competence), (Dispute Resolution) and (Third Party Rights) shall survive any termination of these terms and conditions.