Terms & Conditions

Last updated: 15th May 2018.

Definitions

“Booking Services”: Services that are provided to you by Sunrise Photography.

“Sunrise Photography”: shall mean Sunrise Photography Limited, a private limited liability company registered and incorporated in England.

“Photography Providers”: Individuals who provide the Photography Service to carry out bookings in accordance with the Legislation.

Provision of Booking Services by Sunrise Photography

The Booking Services provided by Sunrise Photography include:

  1. Identifying suitable Photography Providers for the photography package and time that you select.
  2. Accept bookings requested by you, but without prejudice to Sunrise Photography’s rights to cancel an upcoming / accepted booking and decline any request.
  3. Maintain records of all bookings
  4. Managing questions, complaints and feedback related to bookings accepted by Sunrise Photography. These can be sent via email to support@sunrisephotoapp.com.

Payment

The Booking Services provided to you are free of charge. However, if Sunrise Photography decides to introduce a fee for the provision of the Booking Services, then you will be informed in advance, allowing you to decide whether to continue using the Sunrise App or not.

The rates for the photography service provided by the Photography Providers can be found on the Sunrise App. Sunrise Photography reserves the right to change these rates at any time.

Limitation of Liability

Sunrise Photography will not be liable to you in any way for theft or any other loss linked to the Bookings Services or any booking accepted by Sunrise Photography, Sunrise Photography will also not be liable in the following scenarios:

  • Any loss including loss of profits, loss of revenue, loss of employment / business or to the extent that Sunrise Photography fails to meet obligations to you to the standards of a provider of these services.
  • Any booking that has not been accepted.

Nothing in these These Terms and Conditions will limit Sunrise Photography’s liability to you for personal injury or death caused directly by Sunrise Photography’s negligence.

Terms of use

These Terms of Use (“Terms”) apply to your use of the Sunrise App as well as other services, recommendations or other information provided to you through the Sunrise App.

Contractual relationship

The Terms of Use govern the use or access by you from the United Kingdom for the services provided by Sunrise Photography.

Please read these terms of use carefully before accessing or using the services provided by Sunrise Photography.

Your access and use of the services provided by Sunrise Photography constitutes your agreement to be bound by these terms, which establishes a contractual relationship between yo and Sunrise Photography. If you do not agree to these terms, you may not access or use the services. Sunrise Photography may terminate these terms or services with respect to you, or generally cease offering or deny access to the services or any portion thereof, at any such time for any reason. These terms supersede prior agreements or arrangements with you. Sunrise Photography will provide you with as much notice as it reasonably can of such termination or denial, being at least 24 hours notice. However, Sunrise Photography reserves the right to terminate these terms of use or any services with respect to you, or generally cease offering or deny access to the services or any portion thereof, immediately at any time without notice if any of the following apply:

  • You are in breach of these terms.
  • It is impractical to give such notice in the circumstances
  • In Sunrise Photography’s opinion, any delay in such termination would expose Sunrise Photography or a third party to significant risk of harm or damage.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

Sunrise Photography may amend the terms related to the services provided from time to time. Amendments will be effective upon Sunrise Photography’s posting of such updated terms at this location or the amended policies or supplemental terms on the applicable services. Your continued access or use of the services after such posting constitutes your consent to be bound by the terms, as amended.

Our collection and use of personal information in connection with the services is as provided in Sunrise Photography’s Privacy Policy located on . Sunrise Photography may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider and such information is necessary to resolve the complaint, dispute or conflict.

The Services

The Services constitute a technology platform that enables users to book photoshoots with third party providers of such services. Unless otherwise agreed by Sunrise Photography in a separate written agreement with you, the services are made available solely for your personal, non-commerical use. You acknowledge that Sunrise Photography does not provide the photography service as a photography provider and that all such photography services are provided by independent third party contractors who are not employed by Sunrise Photography or any of its affiliates.

License

Subject to your compliance with these terms, Sunrise Photography grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:

  • Access and use any content, information and related materials that may be made available through the services, in each case solely for your non-commercial, personal use. Any rights not expressly granted herein are reserved by Sunrise Photography’s licensors.
  • Access and use the applications on your device solely in connection with your use of the services.

Restrictions

You may not:

  • Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Sunrise Photography.
  • Decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law.
  • Remove any copyright, trademark or other proprietary notices from any portion of the Services.
  • Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services.
  • Link to, mirror or frame any portion of the Services.
  • Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
  • Register for more than one Sunrise account or to register an account on behalf of an individual other than yourself.
  • Harass any user of the Services, or collect any information about other users.
  • Impersonate another individual or represent somebody else with your account.
  • Attempt to test the vulnerability of any Sunrise service or authentication or security measures.

Third Party Content and Services

The services may be accessed in connection with third party services and content that Sunrise Photography does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Sunrise Photography does not endorse third party services and content and in no event shall Sunrise Photography be responsible or liable for any products or services of such third party providers. Moreover, Apple Inc., Google Inc., Microsoft Corporation and/ or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the services using applications developed for Apple iOS, Android, Microsoft Windows mobile devices respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

Ownership

The Services and all rights therein are and shall remain Sunrise Photography’s property or the property of Sunrise Photography’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights in the following scenarios:

  • In or related to the Services except for the limited license granted above.
  • To use or reference in any manner Sunrise Photography company names, logos, product and service names, trademarks or services marks or those of Sunrise Photography’s licensors.

Your use of the Services

User Requirements and Conduct

The service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive photography services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no photoshoot involving unlawful activities). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

User Accounts

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to Sunrise Photography certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method . You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Sunrise Photography’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Sunrise Photography in writing, you may only possess one Account.

Text Messaging

By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services, for example text messages are using to verify your mobile number.

Telephone calls

By creating an Account, you agree that the Services reserves the right to call you as part of your use of the Services.

Email

By creating an Account, you agree that the Services reserves the right to email you as part of your use of the Services.

Promotional Codes

Sunrise Photography may, in Sunrise Photography’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Sunrise Photography establishes on a per promotional code basis (“ Promo Codes”). You agree that Promo Codes:

  • Must be used for the intended audience and purpose, and in a lawful manner.
  • May not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Sunrise Photography.
  • May be disabled by Sunrise Photography at any time for any reason without liability to Sunrise Photography.
  • May only be used pursuant to the specific terms that Sunrise Photography establishes for such Promo Code.
  • Are not valid for cash.
  • May expire prior to your use. Sunrise Photography reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Sunrise Photography determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

User Provided Content

Sunrise Photography may, in Sunrise Photography’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Sunrise Photography through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Sunrise Photography, you grant Sunrise Photography a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Sunrise Photography’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that:

  1. You either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Sunrise Photography the license to the User Content as set forth above.
  2. Neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Sunrise Photography’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Sunrise Photography in its sole discretion, whether or not such material may be protected by law. Sunrise Photography may, but shall not be obligated to, review, monitor, or remove User Content, at Sunrise Photography’s sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Sunrise Photography does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Payment

You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). After you have received services or goods obtained through your use of the Services, Sunrise Photography will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as disclosed payment collection agent for the Third Party Provider (as Principal). Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Sunrise Photography. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. Sunrise Photography will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.

All Charges are due immediately and payment will be facilitated as soon as practicable by Sunrise Photography using the preferred payment method designated in your Account, after which Sunrise Photography will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Sunrise Photography may, as the Third Party Provider’s disclosed payment collection agent, use a secondary payment method in your Account, if available.

As between you and Sunrise Photography, Sunrise Photography reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Sunrise Photography’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Sunrise Photography will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Sunrise Photography may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee. This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided.

Disclaimers; Limitation of Liability; Indemnity

Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SUNRISE PHOTOGRAPHY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SUNRISE PHOTOGRAPHY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SUNRISE PHOTOGRAPHY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Limitation of Liability

SUNRISE PHOTOGRAPHY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF SUNRISE PHOTOGRAPHY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUNRISE PHOTOGRAPHY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF:

  • YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES.
  • ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF SUNRISE PHOTOGRAPHY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUNRISE PHOTOGRAPHY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SUNRISE PHOTOGRAPHY’S REASONABLE CONTROL. IN NO EVENT SHALL SUNRISE PHOTOGRAPHY’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED EUROS (€100).

SUNRISE PHOTOGRAPHY’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE PHOTOGRAPHY WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT SUNRISE PHOTOGRAPHY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY PHOTOGRAPHY SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Indemnity

You agree to indemnify and hold Sunrise Photography and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with:

  • Your use of the Services or services or goods obtained through your use of the Services.
  • Your breach or violation of any of these Terms.
  • Sunrise Photography’s use of your User Content.
  • Your violation of the rights of any third party, including Third Party Providers.

Other Provisions

Notice

Sunrise Photography may give notice by means of a general notice on the Services, electronic email to your email address in your Account, or by written communication sent to your address as set forth in your Account.

General

You may not assign or transfer these Terms in whole or in part without Sunrise Photography’s prior written approval. You give your approval to Sunrise Photography for it to assign or transfer these Terms in whole or in part, including to:

  • A subsidiary or affiliate.
  • An acquirer of Sunrise Photography’s equity, business or assets.
  • A successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Sunrise Photography or any Third Party Provider as a result of the contract between you and Sunrise Photography or use of the Services.

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”