weddingphotographer.ph Terms and Conditions

Wedding Photographer offers this Web site, including all information, software, products and services available from this Web site or offered as part of or in conjunction with this Web site (the "Web site"), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. Wedding Photographer reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location.

Your continued use of the Web site constitutes your agreement to all such terms, conditions and notices, and any changes to the Terms and Conditions made by Wedding Photographer.

The term 'weddingphotographer.ph' or 'us' or 'we' refers to the owner of the website. The term 'you' refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

Use the website at your own risk. This website is provided to you "as is," without warranty of any kind either express or implied. Neither Wedding Photographer nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that the Web site or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the Web site on behalf of Wedding Photographer. Wedding Photographer reserves the right to change or discontinue at any time any aspect or feature of the Web site.

Exclusion of Liability

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Indemnification

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Copyright

Except for material in the public domain under United States copyright law, all material contained on the Web site (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Web site without the prior consent of the copyright owner.

None of the material contained on Wedding Photographer may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Wedding Photographer. Violation of this provision may result in severe civil and criminal penalties.

Contents

1 Definitions

2 Our contract with you

3 Our contract with you

4 Price and Payment

5 Delivery

6 Cancellation of order

7 Foreign taxes, duties and import restrictions

8 Goods returned

9 Disclaimers

10 Content and Intellectual Property Rights

11 Your email address

12 System Security

13 Indemnity

14 Miscellaneous provisions

Trading terms and conditions of Client Magnet

These terms and conditions regulate the business relationship between you and us. When you buy from us, you agree to be bound by them.

No person under the age of 18 years may purchase Goods. If you are under 18, please ask an adult for help with your purchase.

We are: Client Magnet
Our address is: 28th Floor. Cityland Pasong Tamo Tower U2807
2210 Chino Roces Avenue (Pasong Tamo)
Makati City, Philippines. 1230

You are: a visitor to Our Website / our customer

The terms and conditions

1 Definitions

In this agreement:

“Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.

“Our Website” means the entire computing hardware and software installation that is or supports Our Website.

“Goods” means any of the Goods we offer for sale.

“Content” means any material in any form published on Our Website by us or any third party with our consent.

2 Our contract with you

These terms and conditions apply:

2.1 So far as the context allows, to you as a visitor to Our Website; and

2.2 in any event to you as a buyer or prospective buyer of our Goods.

2.3 We shall accept your order by e-mail confirmation. That is when our contract is made.

2.4 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.

2.5 Unfortunately, we cannot guarantee that Goods advertised on our website are available.

2.6 If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
2.6.1 accept the alternatives we offer;
2.6.2 cancel all or part of your order;

2.7 If we owe you money on account of your cancellation, we will credit your credit or debit card as soon as reasonably practicable but in any event no later than [30] days from the date of cancellation of your order.

3 Your account with us

3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.

3.2 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.

3.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

4 Price and Payment

4.1 We endeavour to keep our website and catalogue prices updated and accurate but it is possible that the price may have increased from that published. If that happens, we will not send your order until you have confirmed that you wish to order at the new price.

4.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Philippine Peso will be paid by you.

4.3 [Any information given by us in relation to exchange rates are approximate only and may vary from time to time.]

4.4 Prices include goods and other taxes. If you reside outside Philippines, some taxes may be deducted. Please email us for calculation of the net cost.

5 Delivery

5.1 Deliveries will be made by post / a carrier instructed by us to the address stipulated in your order. You must ensure that someone is present to accept delivery.

5.2 If we ourselves are not able to deliver your Goods within [20] days of the date of your order, we shall notify you by e-mail to arrange a later date for delivery and giving you the option of cancelling your order.

5.3 We may deliver the Goods in installments if they are not all available at the same time for delivery.

5.4 Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.

5.5 [Goods are sent by post. We will send you a message by email to tell you when we have dispatched your order.]

6 Cancellation of order

6.1 If you bought the Goods as a Consumer, you may cancel your order at any time before we dispatch your order or before the expiry of 7 working days from the date you receive your order, not including the day you received it.

6.2 Details of our after-sales service and guarantees, if any, are given on our website / in our catalogue.

6.3 If you cancel before we have sent the Goods, we will refund to you the price of the Goods and the cost of delivery, if any.

6.4 If you cancel after we have despatched the Goods, we will refund the price of the goods only.

6.5 [The option to cancel your order is not available if the Goods are:
6.5.1 perishable;
6.5.2 made or altered to your specification;
6.5.3 shrink wrapped or otherwise sealed electronic media such as software or DVD, which has been opened.
6.5.4 newspapers or magazines]

6.6 If you cancel your order after we have dispatched the Goods, you must return them to us within 7 days in the same condition in which you received them. We cannot refund your money if the Goods have been used, worn or damaged.

6.7 You are responsible for the cost of returning them.

6.8 To assist us in identifying your Goods on receipt by us, we ask you to email for a returns reference to be placed below our address / returns label.

6.9 If you fail to return the goods, within 14 days, we are entitled to arrange for their collection. If we do we shall look to you to repay us the cost of collection.

6.10 We will refund your money within 30 days.

6.11 This paragraph does not affect your rights in the event that the Goods are faulty.

7 Foreign taxes, duties and import restrictions

7.1 If you are not in the Philippines, we have no knowledge of, and no responsibility for, the laws in your country.

7.2 You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

8 Goods returned

8.1 Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the Product, please tell us at the earliest opportunity:
8.1.1 exactly what is the fault;
8.1.2 the date, if relevant, when the fault became apparent;
8.1.3 when and how you discovered the fault;
8.1.4 how the fault affected your use of the Goods;

8.2 To do this, it is essential that you follow the instructions below. These provisions apply in the event that you return Goods to us because you say they are faulty:

8.3 You must tell us by email message to support@clientmagnet.com.ph you that you would like to return goods, specifying exactly what goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.

8.4 The Goods must be returned to us as soon as any defect is discovered.

8.5 So far as possible, Goods should be returned:
8.5.1 with both goods and all packaging as far as possible in their original condition;
8.5.2 securely wrapped;
8.5.3 including our delivery slip;
8.5.4 at your risk and cost.

9 Disclaimers

9.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.

9.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.

9.3 We give no warranty and make no representation, express or implied, as to:
9.3.1 the adequacy or appropriateness of the Goods for your purpose;
9.3.2 the truth of any Content on Our Website published by someone other than us;
9.3.3 any implied warranty or condition as to merchantability or fitness of the Goods for purpose other than that for which the Goods are commonly used;
9.3.4 compatibility of Our Website with your equipment, software or telecommunications connection.

9.4 Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.

9.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.

9.6 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.

9.7 The above two sub paragraphs do not apply to a claim for personal injury.

9.8 Our website contains a range of information about our participating insurers and their insurance products. We endeavour to ensure that the information on the website is accurate. In the event you believe we have made a mistake please contact us at info@iselect.com.au. The presence of an insurer on our website does not constitute an endorsement by us of the insurer, the content of the insurer’s website, or the activities promoted by the insurer. To the extent permitted by law we do not warrant as to the accuracy, adequacy of, or completeness of, any information contained on this website and exclude liability for purchase decisions made on the basis of information included or excluded from this website.

9.9 We do not guarantee that our website will not contain any viruses and we accept no responsibility for foreign computer code that is introduced into your computer system through use of this website. We cannot guarantee that this site is free from computer viruses, hackers or other form of technical sabotage. We cannot guarantee that access to our website will be uninterrupted.
We are free to change the content of the website and any product may be withdrawn at any time, without notice. Any limitation of liability and indemnity provisions in these terms will survive termination. Any licenses or other rights you grant to us will survive termination.

9.10

10 Content and Intellectual Property Rights

10.1 We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

10.2 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.

10.3 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

10.4 You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.

10.5 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

11 Your email address

11.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.

11.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.

11.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.

12 Your Personal Details

12.1 By using our services you provide your full consent for Client Magnet to provide your full personal details to our third party partners for them to contact you by way of email, phone call, SMS text, or physical post, for the purpose of their product marketing. This may be directly related to your initial enquiry with Client Magnet, or it may be a different product, service or offering than the original reason for you to submit any or all of your details.
12.2 If any of our third party companies wish to be named in advance, they will appear here below for your advance consent to be contacted by their sales and marketing team:

a)
b)
12.3 You agree that Client Magnet and our third party providers whom you may be referred to and contacted by, may seek more information about you before contacting you directly. This may include Credit History Investigations, and any other legal means they wish.

13 System Security

13.1 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.

13.2 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.

13.3 You may not use any software tool for the purpose of extracting data from our website.

13.4 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

14 Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

15 Miscellaneous provisions

15.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

15.2 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.

15.3 Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.

15.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

15.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

15.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

15.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.

15.8 This Agreement shall be governed by and construed in accordance with the law of the Philippines. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.


Website privacy policy

We are extremely concerned to protect your privacy and confidentiality. We understand that all users of our site are quite rightly concerned to know that their data will not be used for any purpose unintended by them, and will not fall into the hands of a third party. Our policy is both specific and strict. If you think our policy falls short of your expectations or that we are failing to abide by our policy, do please tell us.

We are constantly vigilant for credit card or other fraud. We report all charge backs to a credit reference agency. If you have any reason to seek the return of money paid, please contact us rather than your credit card issuer.

Information may be unlawfully available to hackers and snoopers. We take no responsibility for this. The risk is no different from a similar risk in a bricks and mortar establishment.

We do not market to children. We do collect data on children over [15] years of age who may join to use the website this privacy policy appears on. Such child members will inevitably visit other parts of the site and will be subject to whatever on site marketing they find, wherever they visit.

Indemnity

To the maximum extent permitted by law, we disclaim all liability and you agree to indemnify us, our directors, employees, agents, and contractors for any loss suffered, or any costs that may be incurred arising from your breach of these terms or your use of this website.

Client Magnets use of your Information

I. It is important that you are comfortable that the Client Magnet website is secure and that any information that you provide to Client Magnet will be treated confidentially. All of your Personal Information collected by Client Magnet to provide the Service, such as personal details, questionnaire results, e-mail details and any correspondence will be collected, used and held in accordance with the requirements of the Privacy Act 1988 (Cth) (Privacy Act). Cookie technology on the website allows us to identify your movements around the website. This information provides us with constructive feedback about the website so that we can identify the most effective areas and improve the less popular ones. Cookies cannot determine the identity of individual users. It is a feature of your Internet browser, which you can disable at any time.

II. We cannot guarantee that information sent and received over the Internet is completely secure. Information sent to Client Magnet over the internet is at the users own risk.

III. When you submit your personal information including name, email address, phone number and other personal details, you give your consent and approval that your personal details may be provided or sold to third party companies for further direct marketing.

IV. If either of Clients Magnets third party partners who may purchase your information from Client Magnet for marketing purposes wish to be named in advance for the reason of transparency at this time of the original submission of your personal detail, their legal trading name will be seen below:

a)
b)

Your Acknowledgement About the use of your Personal Information

In consideration for us expending time and effort in providing the Service to you, you agree and acknowledge that Client Magnet:
I. May use your Personal Information for the purpose of providing the service and to inform the relevant third party companies of information required to enable you to join that company and to be contacted by third party companies.

II. May disclose your Personal Information where necessary for the Purpose and where permitted under the Privacy Act;

III. Have additional obligations to gather, retain or disclose your Personal Information under law;

• May transfer your Personal Information to a party across state or national borders where this is necessary for the Purpose; and.
• May use your Personal Information to conduct promotions and giveaways (If you do not want to receive or be involved in these activities you can withdraw your consent by contacting us at corporate@ClientMagnet.com.ph )

Here is a list of the information we collect, and why it is necessary to collect it:

1 Basic identification and contact information, such as your name and contact details.
This information is used:

1.1 to provide you with the services which you request;

1.2 to maintain our accounts;

1.3 for billing;

1.4 to enable us to answer your enquiries;

1.5 for verifying your identity for security purposes;

1.6 for marketing our services and products;

1.7 to help make our web site as useful to you as possible;

1.8 information which does not identify any individual may be used in a general way by us or third parties, to provide class information, for example relating to demographics or usage of a particular page or service.

2 Your domain name and e mail address
are recognised by our servers and the pages that you visit are recorded. This information is used:

2.1 in a collective way not referable to any particular individual, for the purpose of quality control and improvement of our site;

2.2 to send you news about the services to which you have signed up;

2.3 to tell you about other of our services.

3 Financial information, including credit card details
This information is used to obtain payment for goods and services you have ordered from us. This information is never actually received by us. The page where this information is given by you is controlled by our contract merchant service provider. Such information is automatically encrypted, and later decrypted for use. It never touches our system.
OR

3 Financial information, including credit card details
This information is used to obtain payment for goods and services you have ordered from us. You will note that this page has a web address starting “https”, not “http”. The additional “s” denotes its secure status. Such information is automatically encrypted as soon as you confirm it and passes in encrypted form to our contracted merchant service provider, who automatically arranges the transfer from your bank account to ours. We store the encrypted version on our servers, to save you having to re-enter it when you buy from us again, after when it is automatically deleted. The encrypted information is retained for a period of 36 months, when it is automatically deleted.

Note: your Internet browser may produce a warning message. This is automatic and does not reflect on the high level of security built into our system.

4 Your Client Magnet personal profile

Is available to be seen by members throughout the world. No contact details whatever are given out with it. This information is not used for marketing purposes of any sort. Information, which does not identify any individual may be used in a general way by us or third parties, to provide class information, for example relating to demographics or usage of a particular page or service. Some of this information is classified as sensitive information by the Australian Data Protection Acts. We make the assumption that in giving this information to us, you consent to our holding it for the duration of your membership.

5 Information volunteered by you

for a particular purpose, for example a personal profile, survey, job application form, or contest. This information will be used exclusively for the purpose for which you have provided it. Information is disclosed to third parties only where the third party concerned qualifies in whatever way the web site page requires. We will make absolutely clear on the face of the page, any intention to publicise the name of a winner.

6 Affiliate information

This is information given to us in the course of your business and ours as you have applied to join our affiliate scheme. Such information is retained for business use only. We undertake to preserve the confidentiality of the information and of the terms of our relationship. This information is used:

6.1 to maintain our accounts and affiliate records;

6.2 for billing;

6.3 to enable us to answer your enquiries;

6.4 for verifying your identity for security purposes;

6.5 to send you news about the services to which you have signed up;

6.6 to tell you about other of our services.

7 Business information

This is information given to us in the course of your business and ours such as in relation to your application to partner with us or advertise with us. Such information is retained for business use only. We undertake to preserve the confidentiality of the information and of the terms of our relationship. It is not used for any other purpose. We expect you and any partner to reciprocate this policy.

8 Disclosure to Government

and their agencies. We are subject to the law like everyone else. We may be required to give information to legal authorities if they so request or if they have the proper authorization such as a search warrant or court order.

9 Information request

At any time you may review or update the personally identifiable information that we hold about you, by contacting us at the address below. To better safeguard your information, we will also take reasonable steps to verify your identity before granting access or making corrections to your information.

This confidentiality policy has been compiled so as to comply with current Australian, UK, US and EU legislation, so far as we are aware. If you have any question regarding the confidentiality policy, please contact us at:

Client Magnet Co
28th Floor. Cityland Pasong Tamo Tower U2807.
2210 Chino Roces Avenue (Pasong Tamo)
Makati City, Philippines. 1230

Amendment:
Client Magnet may at any time and at Client Magnets absolute discretion vary these Conditions of Use and Privacy Policy.

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