fotosail.com - Terms and Conditions
 
 
 
 

Terms & Conditions

Accessing the content of this website in any format implies acceptance of the definitions, scope, general terms & conditions and privacy policy, purchase from this site implies additional acceptance of the purchasing terms & conditions, and booking fotosail.com to cover an event implies acceptance of the definitions, scope, booking terms & conditions and privacy policy.

Definitions

we / us / our
refers to fotosail.com.
fotosail.com
is the registered trading name of a marine photography service operated as a sole-trader by Gareth Craig, which may on occassions also facilitate the photographs of other individuals to be accessible on the website.
the website
refers to this website.
you / your
refers to the user of the website or service.
associate photographer
an individual who is not employed by fotosail.com, but with whom an agreement has been entered into on a freelance basis to display their photographs on the website and make them available for resale or redistribution.

Scope

These terms and conditions shall be governed by and in accordance with Irish law and subject to the exclusive jurisdiction of the Irish Courts.

In the event of conflict or inconsistency between the terms of the English language version of any communications sent by us, including these Terms & Conditions, and any translation provided by us, the English language version shall prevail.

If any of these terms and conditions shall be held to be invalid or unenforceable, it shall not affect the enforceability of any of the remaining provisions.

If you do not agree to obey these terms and conditions you must stop using the website immediately.

General Terms & Conditions

Content

In return for being permitted access to the range of content posted on the website you agree that you will only view it as presented and will not reproduce, retain or print the material for any other personal or commercial purposes (unless you have been given written consent to do so).

Sharing

A facility is provided on most pages so that a link to content on this website can be shared on social media, which may include a short description and thumbnail image where appropriate. This does not constitute a breach of these terms & conditions. Content from this website should not be posted / published / shared on social media in any other from, must always be properly credited and must always link back to the original content on this website.

Interpretation

The text and images on the website are provided "as is", and we accept no responsibility for any interpretation a third-party may make of the circumstances of any content.

If any user, their parent or guardian has any reservation about their depiction in any content on the website they should contact fotosail.com in writing outlining their concern(s). Content will generally only be amended or removed in cases where it can be genuinely demonstrated that it impacts negatively on the privacy, tangible reputation or copyright of the individual or company in question.

Errors and Ommissions

The pages contained in the website may contain inaccuracies and typographical errors. The information in these pages may be updated occassionally and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.

The content provided on the website is for information purposes only. The material on the website does not constitute advice and you should not rely on any material on the website to make (or refrain from making) any decision or take (or refrain from taking) any action.

Copyright and Trade-marks

All rights, including copyright, in the content of this website are owned or controlled by the original creator or photographer (unless specifically transfered), and have been licenced directly or implicitly by us for the purposes of use on this website.

All trade marks, names, and logos are the proprietary marks of us or of the associated company, club, association or class. Marks identifying third parties are owned or licensed by those third parties or their associated companies.

Availability

From time to time routine maintenance of the equipment on which this website is hosted, or of the website itself, or any number of factors beyond our control, may lead to a disruption of service. We therefore provide the Website on an "as is" and "as available" basis.

Links

Inbound Links

You may establish hypertext links directly to any page on the website, provided that no unfounded endoresment of the source of the link by us is implied and that the page is displayed in its entirity with no aditional frames, graphics, banners or other surrounding content.

Inbound links to an image, photograph or any other page element on its own is prohibited, unless this is being used in thumbnail form to accompany a link from another website to a page on this website.

Outbound Links

This website may contain links to other websites which we do not own and which are not operated by us. Provision of these links should not be taken as an endorsement of the material contained on the other website, of the views expressed there or of the owners.

While any links are provided in good faith, we can accept no responsibility for their continued availability or any content to which they lead.

Security

Although we at all times will endevour to keep this website free from malicious content it is the responsibility of the user to ensure their own device is protected against computer viruses, trojans, malware or other such impairing software. We offer no guaranttee against, and can accept no responsibility for the effects on your computer of, such content being present.

Liability

We shall not be liable for any damages, including without limitation, direct, indirect or consequential damages, howsoever arising out of your use of the Website or in respect of any of your actions or omissions taken in reliance on any of the advice or information contained on the website or any website to which the Website is linked.

We are not liable for any failure to perform any of our obligations under these terms and conditions caused by matters beyond our reasonable control.

Nothing in these terms and conditions limits our liability for death or personal injury resulting from our negligence.

Purchasing Terms & Conditions

Placing an Order

A notice will be displayed on your web browser before you submit an order to us. This contains important information such as a description, price and delivery charges pertaining to the goods or services ordered. We suggests that you print off a hard copy of this information or save a copy to your hard drive for your own records.

Goods supplied to you by us will correspond with their prices and description (subject to E & OE). If at any time this is not the case we should be notified as soon as possible and we will give you the right to reject the goods within a reasonable time period for a full refund.

In the unlikely event that an incorrect price is shown on the website we reserves the right to abstain from fulfilling the order at that price and any moneys taken as payment will be refunded in full. You will of course be notified, and at which point you will be informed of the correct price, and given the choice to proceed with the order.

Returns

Subject to the right of consumers to return goods for refund under Sale of Goods and Supply of Services Act, 1980 and Distance Selling Regulations, we do not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering.

Cancellations

You have the right to cancel your purchase at any time either before or up to 7 days following the day you receive the goods, UNLESS the goods were made / sourced specially as a result of your order (such as a photographic print).

You have the right to cancel any order for photographs only up until the point they are printed if they are being specially produced for your order.

Cancelation must be done in writing or by phone by directly contacting Gareth Craig.

Faulty or Incorrectly Described Goods

If the item(s) received are not as described when purchased, if they are received with any material defect in the quality of reproduction, or if they are damaged in transit before you receive them then you will always be given the option of an exchange. We will cover the cost of delivery of any new item(s), but may ask you to return the original item(s) at your own cost as proof of their defective nature.

In all cases we reserve the right to inspect the product and verify the fault and, if no fault is found return the product to you. No refund will be processed until the returned goods have been received by ourselves and an appraisal made as to any fault.

THIS RETURNS POLICY DOES NOT AFFECT YOUR LEGAL RIGHTS. DETAILS OF YOUR LEGAL RIGHTS ARE AVAILABLE FROM THE CITIZENS INFORMATION BOARD (www.citizensinformation.ie).

Refunds

When an order is validly cancelled in accordance with the conditions above you will be refunded in full, including any delivery or other ancillary charges.

If a refund has been offered in circumstances where the item(s) received are not as described when purchased, when they are received with a material defect in the quality of reproduction, or they are damaged in transit before you receive them then the amount refunded will usually only be for the amount paid for the defective item(s). Delivery or other ancillary charges will only be refunded at our discretion, and usually only if the entire order is defective.

Any refunds offered or accepted will only be made by the same method in which the original payment way tendered.

Booking Terms & Conditions

Making a Booking

Bookings can be initiated by making contact in any way directly with Gareth Craig.

The acceptance of any booking, and the consideration of what fees or expenses (if any) would be sought are entirely at our discretion.

Once the dates of a booking and remunerations due have been agreed either verbally or in writing the booking is deemed binding on both parties.

Scope of Booking

The scope of our responsibilities during a booking will have a direct relation to the level of any fees or expenses which will be either agreed before the booking or sought after completion.

Any specific expectations you have of the photographs to be captured or the scope of image rights to be licenced should be outlined in writing at least two weeks before the period of the booking commences.

Copyright

All images remain the copyright of the original photographer unless specifically transfered, and may be licenced individually or in full depending on the terms of the booking. They should always be credited to the original photographer and to fotosail.com if published.

Any image right will be licenced directly to the party making the booking (usually the organising authority of the event), and unless otherwise agreed specifically in writing will not be transferable to any other authority, association, organisation or enterprise regardless of their involvement with the event.

Cancelations

Any cancelation of a booking must be made in writing by contacting GAreth Craig directly.

Bookings cancelled less than two weeks before the date a booking was due to occur may incur payment of a compendatory fee, and the scale of this fee may be in no way related to the original fee or expenses agreed as part of the booking.

Failure on our part to make regular contact to re-confirm arrangements in the run up to a booking may not be taken as a defacto cancellation on our part. Due to a busy schedule it is always likely that we will only make contact to re-confirm arrangements when we are already enroute to the event location.

Privacy Policy

We take the privacy of our customers and the protection of their personal details very seriously.

Due to the nature of the registration and ordering process certain information given by you at the time of ordering is collected lawfully and in accordance with the Data Protection Acts 1998 to 2003, solely for use by us.

Any information provided by you is used only for the purpose of processing your request(s) and to communicate with you on any matters directly relating to the provision of the service(s) you have subscribed to or have requested.

Third-Party Disclosure

We do not disclose any customer information to any third parties, other than those details neccisary to authorise secure payment or to facilitate the shipping of products ordered.

Photography

The publication of any photograph on this website, although possibly allowing the identification of individuals, does not in itself constitute a breach of privacy. Under Irish Law consent is not required when the photograph was taken in a public area where individuals "have no reasonable right to expect privacy".

We pledge that the website will not be constructed or displayed in such a way as to associate the personal data of a user with any photograph representing their image in a publically available way unless by their direct request, or where it is in the overwhelming interest of the navigability of the website.

Data Retention

The personal data of users will only be retained as long as absolutely nessicary to provide the services requested, or as may be required under Irish Company Law and Tax Law to fullfill statutory obligations. Any individual or company may at any time request to see what data we retain about them, and may request that any or all data be deleted from our records unless we are under statutory obligation to retain it.

Website Statistics

Data may be collected for the purposes of monitoring performance and/or usage of the website, including the use of cookies or other similar technology to track how users in general move through the website or the nature of how users may return to the site a number of times over a period of time. These statistics will always be stored in an anonymised form and will not include any information that can be used to identify any specific individual.

Correspondence

All correspondence relating to the website or fotosail.com should be directed to Gareth Craig, preferably by email or in writing:
contact details

 

All images on this website are protected by copyright under International law. Use of the website implies acceptance of the terms & conditions and privacy policy.