Terms of Service

 

These are the Terms of Service for our photographic service and/or products. Access to and use of this website and the products and services available through this website (collectively, the services) are subject to the following Terms of Service. By using these services you are agreeing to all of the Terms of Service, as may be updated from time to time. You should check this page to take notice of changes we have made to the Terms of Service.

Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the services without notice. We will not be liable if for any reason this website is unavailabe at any time for any period. From time to time, we may restrict access to some parts or this entire website.

This website may contain links to other websites, which are not operated by chenayitavaziva.com. chenayitavaziva.com has no control over linked sites and accepts no responsibility for any loss or damage that may arise from your use of them. Your use of linked sites will be subject to the Terms of Use and Service contained within each site.

  1. Definitions

    1.1 In these Terms of Service (except to the extent expressly provided otherwise);

    “Acceptance Criteria” means compliance with the warranties;

    “Business Day” means any weekday other than a bank or public holiday in US;

    “Business Hours” means the hours of 9:00-17:00 PCT;

    “Charges”

    (a.) the amounts specified in our online shop and elsewhere in these Terms of Service

    (b.) such other amounts as may be agreed in writing by the parties from time to time, and:

    (c.) amounts calculated by multiplying the standard time-based charing rates of the photographer (as notified by the photographer to the client before the date of the contract) by the time spent by the photographer performing any additional services;

    “Client/Customer” person or company paying for chenayitavaziva.com services/product;

    “Client/Customer Confidential Information” means

    (a.) any information disclosed by or on behalf of client to the photographer during the term or at any time before termination of the contract (whether disclosed in writing, orally, or otherwise)

    (b.) was requested to be kept private by client before service or was marked as or described as “confidential”;

    (c.) private information and personal data such as address, phone number, etc;

    “Client Materials” means all works and materials provided by or on behalf of the client to the photographer for incorporation into the deliverables or other use in connection with the services;

    “Contract” means payment for the services and/or products provided on this site under these Terms of Service;

    “Data Protection Laws” means the EU GDPR and all other applicable laws relating to the processing of personal data;

    “Deliverables” means the specified materials the photographer has agreed to provided to the client under the Terms of Service;

    “Effective Date” means the date of payment of service and/or product;

    “EU GDPR” means General Data Protection Regulation and all other EU laws regulating the processing of personal data, as such laws may be updated, amended, and superseded from time to time;

    “Force Majeure Event” means an event or a series of related events, that is outside reasonable control of the party affected (including failures of the internet or any public telecommunication network, hacker attacks, denial of service attacks, virus, malware attacks, power failures, industrial disputes affecting any third party, changes to the law, disasters, epidemics, pandemics, illness, explosions, fires, floods, wars);

    “Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these “intellectual property rights” include copyright and related rights, database rights, confidential information, trade secrets, know-how and all text, display, video, audio, images, and the design, selection, and arrangement there of) for any and all intellectual property owned by chenayi tavaziva.com, its licensors or other providers of such material are protected by United States and international copyright, trademark, and other intellectual property or proprietary laws

    “Terms of Sale” by placing an order you are offering to purchase a product subject to these Terms of Service. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subjects to any delays resulting from postal delays force majeure for which we will no be responsible.

  2. Requirements

    To use the Website or any other Services, you must be: (i) at least 18 years old; (ii) not a competitor of or using the Services for purposes that are competitive with the company. By accessing or using the Services, you represent and warrant that you meet all the foregoing eligibility requirements. You also represent and warrant that you have the right, authority, and capacity to enter into this Agreement on your behalf and on behalf of the entity or organization that you represent. If you do not meet all these requirements, you may not use or access the Services.

  3. Prohibited Uses   

    You may use the Services for lawful purposes only and in accordance with this Agreement. You agree not to use the Services in any way that could damage the Services or general business of the Company. You may only use the Services for your own personal, non-commercial use, and not on behalf of or for the benefit of any third party.

    3.1 Prohibited Activities.

    You further agree not to engage in any of the prohibited activities enumerated in lettered provisions immediately following this sentence in connection with using the Services.

    • No Violation of Laws or Obligations. Violate any applicable laws or regulations (including intellectual property laws and right of privacy or publicity laws) or any contractual obligations.

    • No Unsolicited Communications. Send any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of unsolicited communications, whether commercial or otherwise.

    • No Impersonation. Impersonate others or otherwise misrepresent your affiliation with a person or entity in an attempt to mislead, confuse, or deceive others.

    • No Harming of Minors. Exploit or harm minors in any way, including exposing inappropriate content or obtaining personally identifiable information.

    • No Interference with Others’ Enjoyment. Harass or interfere with anyone’s use or enjoyment of the Services, or expose the Company or other users to liability or other harm.

    • No Interference or Disabling of the Services. Use any device, software, or routine that interferes with the proper working of the Services, or take any action that may interfere with, disrupt, disable, impair, or create an undue burden on the infrastructure of the Services, including servers or networks connected to the Website.

    • No Monitoring or Copying Material. Copy, monitor, distribute, or disclose any part of the Services by automated or manual processes, devices or means. This includes, without limitation, using automatic devices such as robots, spiders, offline readers, crawlers, or scrapers to strip, scrape, or mine data from the Website; provided, however, that the Company conditionally grants to the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. No web scraping activities may take place on this Website and except as expressly permitted in the preceding sentence, you may not scrape information or code from this Website.

    • No Viruses, Worms, or Other Damaging Software. Upload, transmit, or distribute to or through the Services any viruses, Trojan horses, worms, logic bombs, or other materials intended to damage or alter the property of others, including attacking the Services via a denial-of-service or distributed denial-of-service attack.

    • No Unauthorized Access or Violation of Security. Violate the security of the Services through: (i) any attempt to gain unauthorized access to the Services or to other systems or networks connected to the Services; (ii) the breach or circumvention of encryption or other security codes or tools; or (iii) data mining or interference to any server, computer, database, host, user, or network connected to the Services.

    • No Reverse Engineering. Reverse engineer, decompile, or otherwise attempt to obtain the source code or underlying information of or relating to the Services.

    • No Collecting User Data. Collect, harvest, or assemble any data or information regarding any other user without their consent. This includes, without limitation, their emails, usernames, or passwords.

    • No Other Interference. Otherwise attempt to interfere with the proper working of the Services.

    • Attempt or Assist Others in Attempting. Attempt any of the foregoing or assist, permit, or encourage others to do or attempt any of the foregoing.

    • No Third Party Disclosures. You may not post sensitive personal information, including personally identifying data, address information, medical records, images or likenesses, financial data or other confidential information about any person other than yourself (collectively, “3rd Party CI”) unless, and solely to the extent, that such 3rd Party CI is in the public domain.

  4. Booking Deposit

    For photography services, a $75 booking charge is required to secure a date of service and is non-refundable.

  5. Contract

    When you place an order or book our services, you will receive a confirmation email or message via our social media platforms confirming receipt of your order. A contract between us will not be formed until we send you a confirmation by email or via our social media platforms that the goods/services you ordered have been dispatched to you and/or a date of service has been scheduled.

  6. Cancellations

    Cancellation for services within 2 business days of effective date of service not due to a force major event and/or reschedules require a $50 cancellation charge.

  7. Pricing & Availability

    While we make every effort to ensure that details, descriptions and prices which appear on this Website are accurate at time of going online, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

    Delivery costs will be charged in addition; such additional charges are displayed where applicable and included in “Total Cost”

  8. Payment

    Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be charged upon authorization being received. The funds received upon the debiting of your card will be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the deposited funds will be used to pay for the goods you have purchased as listed in the confirmation email.

  9. Refunds

    There are no refunds on our products, but you can return any product by mail for store credit 14 days within purchase to receive replacement or store credit (if the product is used less than 1/3). Customer must pay for shipping, original shipping fees are non-refundable. When we receive your items we will email or message from our social media platform to confirm your store credit or replacement has been dispatched.

  10. Disclaimer of Liability

    Information provided on this website is informational only and is not intended to diagnose, prescribe or replace the advice of medical professionals. It is your responsibility to check with a medical professional before using any products that may interfere with drugs or medical conditions. chenayitavaziva.com is not responsible for incorrect use of products sold on this Website.

  11. Intellectual Property Rights.

    11.1 Ownership of Intellectual Property.

    You acknowledge that all intellectual property rights, including copyrights, trademarks, trade secrets, and patents, in the Services and its contents, features, and functionality (collectively, the “Content”), are owned by the company, its licensors, or other providers of such material. The content is protected by the U.S. and international intellectual property or proprietary rights laws. Neither this Agreement nor your access to the Services transfers to you any right, title, or interest in or to such intellectual property rights. Any rights not expressly granted in this Agreement are reserved by the Company and its licensors. 

    11.2 License to Use the Services.

    During the Term of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use and access the content solely for personal and non-commercial use only in accordance with this agreement. The content may not be used for any other purpose unless agreed upon otherwise prior to contract. This license will terminate upon your cessation of use of the services or at the termination of this agreement.

    11.3 Certain Restrictions.

    The rights granted to you in this agreement are subject to the restrictions enumerated in lettered provisions immediately following this sentence.

    • No Copying or Distribution. You shall not copy, reproduce, publish, display, perform, post, scrape, transmit, or distribute any part of the content in any form or by any means except as expressly permitted herein or as enabled by a feature, product, or the services when provided to you.

    • No Modifications. You shall not modify, create derivative works from, translate, adapt, disassemble, reverse compile, or reverse engineer any part of the Content.

    • No Exploitation. You shall not sell, license, sublicense, transfer, assign, rent, lease, loan, host, or otherwise exploit the Content or the Services in any way, whether in whole or in part.

    • No Altering of Notices. You shall not delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Content.

    • No Competition. You shall not access or use the content in order to build a similar or competitive website, product, or service.

    • Systematic Retrieval. You shall not use any information retrieval system to create, compile, directly or indirectly, a database, compilation, collection or directory of the Content or other data from the Services.

    11.4 Trademark Notice.

    All trademarks, logos, and service marks displayed on the services are either the company’s property or the property of third parties. You may not use such trademarks, logos, or service marks without the prior written consent of their respective owners.