Last updated: 15th May 2018.
“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.
The Booking Services provided by Sunrise Photography include:
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.
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:
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.
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.
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.
Subject to your compliance with these terms, Sunrise Photography grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:
You may not:
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:
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.
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.
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.
By creating an Account, you agree that the Services reserves the right to call you as part of your use of the Services.
By creating an Account, you agree that the Services reserves the right to email you as part of your use of the Services.
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:
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:
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.
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.
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.
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.
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:
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.
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:
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.
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:
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.”