H O L I D A Y G R A P H E R
HOLIDAYGRAPHER User Terms of Service
Please read this HOLIDAYGRAPHER Agreement as it contains important information about your legal rights, remedies and obligations. By accessing or using the HOLIDAYGRAPHER Website, you agree to comply with and be bound by these Terms of Services.
This HOLIDAYGRAPHER Agreement constitutes a legally binding agreement (“Agreement”) between You and HOLIDAYGRAPHER governing your access to and use of the HOLIDAYGRAPHER website, including any sub-domains thereof, and any other website through which HOLIDAYGRAPHER makes its services available.
Our collection and use of personal information in connection with your access to and use of the HOLIDAYGRAPHER Website is described in our Privacy Policy.
WHEREAS
A.HOLIDAYGRAPHER is an internet-based photographer service provider owned and operated by HOLIDAYGRAPHER PHOTOGRAPHY. HOLIDAYGRAPHER connects customers with its network of global photographers via its website www.HOLIDAYGRAPHER.in (the “Site”).
B.HOLIDAYGRAPHER receives an online request from a customer then forwards request as an itemized job order (Booking) to members of our photography network. A photographer in the network is then engaged by us to provide the Services, upon communicating its acceptance of the Booking.
C.By booking services of HOLIDAYGRAPHER, the User is desirous to avail the services provided by the HOLIDAYGRAPHER, which are hereinafter defined in detail as per the terms of this Agreement.
D.Photographers are desirous of providing “Photography Services” to interested users, and in furtherance of the same, intending to use services offered by HOLIDAYGRAPHER, which are hereinafter defined in detail as per the terms of this Agreement.
E.Photographer represents to HOLIDAYGRAPHER will have all necessary types of equipment, amenities, technical know-how, experience to provide Photography Services to the Users.
F.You have agreed and given assurance that You will not assign, novate, sublicense or otherwise transfer any of your rights or obligations under these Terms without our prior written consent.
G.Failure on the part of HOLIDAYGRAPHER to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
H.This agreement records the representation, warranties, statements, assurances, agreements, undertaking, indemnities and covenants of the parties as also the terms and conditions of this Agreement as under.
I.Pursuant to the foregoing, you have discussed and agreed to enter into these presents, for recording the terms and conditions regulating our relationship, for matters relating to the use of services provided by HOLIDAYGRAPHER to User and Photographer, and to define the scope of service to be provided by Photographer.
NOW, THEREFORE, THIS INDENTURE WITNESSETH AS UNDER :
INTERPRETATION
“Agreement” shall mean this agreement, all schedules, appendices, annexure and exhibits attached to it or incorporated in it by reference and any amendments made to this agreement by the parties in writing from time to time;
“Applicable laws” shall mean any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, by-law, governmental approval, directive, guideline, requirement, or other governmental restriction, or any similar form of a decision of, or determination by, or by any interpretation, policy or administration, having the force of the law of any of the foregoing, by any governmental authority having jurisdiction over the matter in question, whether in effect as of the date of his agreement or thereafter and whether under common law or the laws of AUSTRALIA or any other jurisdiction;
“Booking” means services booked by users through HOLIDAYGRAPHER Website and/or through any Other Social Media Platform on any direct or indirect booking request received from any other channels.
“Confidential Information” means and includes technical, financial and commercial information and all the data relating to Party, know-how, business method, Customer Data, and shall include, but not limited to discoveries, idea, concepts, designs, specification, samples, computer program, disks, marketing plans, and other intellectual properties or IPR, whether in written, oral or other tangible or intangible forms and include any other information which may be provided by one Party to the Other Party during the Tenure of this Agreement, directly or indirectly;
“Content” means photographs, images, videos, GIFs, text, software, or other information or other materials;
“HOLIDAYGRAPHER’ CONTENT” means content that HOLIDAYGRAPHER makes available through its website including any content licensed through a third party, but excluding user content;
“Material breach” means a substantial failure in the performance of this agreement, of such nature, that a reasonable person in a position of the non-breaching party would wish to terminate because of that breach.
“Party” means HOLIDAYGRAPHER or Photographer or Users and “Parties” shall be construed accordingly;
“Photographer Services” means the services provided by the Photographer as chosen by the Users and specifically detailed in the Booking on the Website;
“Registered E-mail Address”means that email address used by Photographer to register an account on the HOLIDAYGRAPHER Website;
“Services” means the services provided by HOLIDAYGRAPHER through HOLIDAYGRAPHER Website to its Users and Photographer;
“Scheduled Time of Use” means the specific date and time/duration for which a User books a photographer on the HOLIDAYGRAPHER Website, in accordance with the Australian Eastern Standard Time (IST);
“Term” means the Term of this Agreement as mentioned in this Agreement.
“User” means a person who access or uses the HOLIDAYGRAPHER Website, and consequently services provided by HOLIDAYGRAPHER;
“Website” means HOLIDAYGRAPHER.IN or any other website, owned, affiliated, associated, linked or managed by HOLIDAYGRAPHER, through which HOLIDAYGRAPHER makes available the ability to book Photographers;
“Website Content” means, collectively, HOLIDAYGRAPHER Content, Photography Contents, texts, written posts, comments, graphics, Destinations, Photographer Login, Pricing Details and all other information available on HOLIDAYGRAPHER Website;
ACCEPTANCE OF TERMS OF SERVICE
By booking services of HOLIDAYGRAPHER, User agrees to avail services of HOLIDAYGRAPHER and Users are bound by these Terms and Conditions.
HOLIDAYGRAPHER reserves the rights to change or revise, discontinue or disable any terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website.
Your continued use of services shall also constitute assent to the terms of these Terms of Service. If you do not agree with the terms and conditions mentioned of this agreement please do not accept them and exit the registration process.
BOOKING, BOOKING MODIFICATIONS, CANCELLATIONS AND REFUND:-
You understand and agree that bookings of the Photography Service are accepted by HOLIDAYGRAPHER based on real-time.
In the event of a booking made by a User for any of services (“Booking”) listed on the HOLIDAYGRAPHER Website for any destination and for any time period, it shall be deemed that the booking is confirmed on receipt of such Booking request from the User.
In the event of a booking made by a User for any of Services for a particular Schedule Time of Use, for a particular date or set of dates, each of such booking shall be construed as a different booking ID for the purpose of reference, at the time of booking or at any time thereafter, by Photographer or HOLIDAYGRAPHER.
User understands and agrees that Photographers will suggest or advise reasonably safe and best location to Users in or around the city for purpose of photography, but Users will have to employ his own judgment before following the advises or suggestions given by the photographer.
User understands and agrees that once Photography is commenced, Booking Fees are not refundable.
User understands and agrees that once a Booking of any of services of HOLIDAYGRAPHER is made by him, the price for such booking will not be altered, modified or changed by HOLIDAYGRAPHER, even on a request made thereto.
User understands and agrees that Once a Booking is done by him for any of Services for Particular Schedule Time and if he fails to appear on Particular Schedule Time/ Session, it will be considered as “No Show”.
User understands and agrees that If Users wish to “Extend” the time beyond Schedule Session and if Photographer is available, you shall pay add-on-time amount to HOLIDAYGRAPHER as decided by HOLIDAYGRAPHER on their website.
User understands and agrees that if he/ She arrives “late” for the session from Schedule Time, Original Start Time will be forfeited and he agrees to shoot for remaining Time. In furtherance, User agrees that number of photos delivered may be adjusted with a view to reflect the actual time spent together.
Photographer and the Users both can cancel (“Cancellation”) a confirmed booking at any time pursuant to the terms (“Cancellation Terms”) as specified herein, and HOLIDAYGRAPHER will refund the amount of the net-amount due to User, if any, in accordance with such Cancellation Terms.
Users agree to adhere to the Cancellation Terms specified hereunder, in case of Cancellation made by a User, for a confirmed booking:
IN CASE OF CONFIRMED BOOKING
•If Cancellation is made before Forty-Eight (48) hours from the Scheduled Time: HOLIDAYGRAPHER will issue a credit note/refund 90% of booking fee to User,
•If Cancellation is made within 48 hours from the Scheduled Time: HOLIDAYGRAPHER will not refund booking fees to User,
•If You will change package booked by you within 48 hours of the shoot date, HOLIDAYGRAPHER Will not refund booking fee to You for cancelled package.
User agree to adhere to the Cancellation Terms specified hereunder, in case of Cancellation of a confirmed booking by HOLIDAYGRAPHER:
•In certain circumstances, HOLIDAYGRAPHER may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons where HOLIDAYGRAPHER believes in good faith, while taking the legitimate interests of both parties into account, that it is necessary to avoid significant harm to HOLIDAYGRAPHER, YOU, Users, third parties.
No refund shall be available to the User in the event of a No-show.
Once HOLIDAYGRAPHER receives cancellation request, appropriate refunds will be released to original payment method within 1 business day. the time it takes for it to arrive in your account depends on the payment method you used.
RESCHEDULE POLICY: -
User agrees that if he/she wishes to reschedule his/her session before 48 hours of Schedule Shoot time, he/she will need to contact HOLIDAYGRAPHER Concierge at the earliest to enable HOLIDAYGRAPHER to make an arrangement of new Shoot Time Schedule, which is subject to availability of assigned photographer. User agrees that in case of reschedule of shoot, if assigned photographer would not be available, in that circumstances User will rebook a new shoot and upon that condition HOLIDAYGRAPHER will give credit of the paid fees to Users and Users can use the said credit within 6 months on HOLIDAYGRAPHER.
FEES AND PAYMENT TERMS FOR USERS:-
You hereby agree and undertake that HOLIDAYGRAPHER reserve the right, in its sole discretion, to charge and collect fees for providing services to its Users.
You hereby agree and undertake to pay Fee to HOLIDAYGRAPHER for availing the chosen services of HOLIDAYGRAPHER as per the Price specified on Website OR as decided by HOLIDAYGRAPHER.
You hereby agree and undertake to pay Fee to HOLIDAYGRAPHER before the Photography Session Commence.
You hereby agree and undertake to pay additional Fee to HOLIDAYGRAPHER for extension of Photography Session or for additional Time as decided by HOLIDAYGRAPHER and specified on Website.
You hereby agree and undertake that you shall pay additional fees and costs related to your location choice (transportation, admission fees, etc). If you wish your assigned photographer to participate in any activities, you will need to cover their fees as well.
You hereby agree and undertake that Once you have availed the photography service from the HOLIDAYGRAPHER and If You have booked Standard Package as specified by HOLIDAYGRAPHER on website, then You shall not avail additional photography services directly from photographer without prior consent of HOLIDAYGRAPHER and Users shall not make the payment of additional services of photography, if availed, directly to the photographer without approval of HOLIDAYGRAPHER.
WEBSITE CONTENT AND RIGHT OVER PHOTOGRAPHS: -
The Website is owned and managed by HOLIDAYGRAPHER and contains content owned or licensed by HOLIDAYGRAPHER. HOLIDAYGRAPHER owns and retains all rights in the HOLIDAYGRAPHER Content. You shall not remove, alter, conceal or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the HOLIDAYGRAPHER Content; and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the HOLIDAYGRAPHER Content.
The HOLIDAYGRAPHER name and logo are proprietary to HOLIDAYGRAPHER and may not be copied, imitated or used, in whole or in part, without the prior written permission of HOLIDAYGRAPHER, except with prior consent. In addition, all custom graphics, images, photographs, button icons and scripts are service marks, trademarks and/or trade dress of HOLIDAYGRAPHER, and may not be copied, imitated or used, in whole or in part, without prior written permission from HOLIDAYGRAPHER.
HOLIDAYGRAPHER may, at its sole discretion, enable you to (i) create, upload, post, send, receive and store content, such as text, photos, images, audio, video, or other materials and information on or through the HOLIDAYGRAPHER Website; and (ii) access and view any content that HOLIDAYGRAPHER itself makes available on or through the HOLIDAYGRAPHER Website, including proprietary HOLIDAYGRAPHER content and any content licensed or authorized for use by or through HOLIDAYGRAPHER from a third party ("HOLIDAYGRAPHER Content" and together with “PHOTOGRAPHER Content”, "Website Content"). The HOLIDAYGRAPHER Website, HOLIDAYGRAPHER Content, may in its entirety or in part be protected by copyright, trademark, and/or other laws of AUSTRALIA and other countries.
All the rights, title and interest including intellectual property rights including Copyright subsist in all photographs captured/clicked by photographer as part of the service under this agreement will be of HOLIDAYGRAPHER and at our written request, unconditionally assign all the rights of photographs on us.
Subject to compliance with these Terms, HOLIDAYGRAPHER grants you a limited, nonexclusive, non-licensable, revocable, non-transferable license to (i) access and view any Website Content made available on or through the HOLIDAYGRAPHER Website and accessible to you, solely for personal and noncommercial use.
HOLIDAYGRAPHER takes no responsibility and assumes no liability for any Content that photographer or any other third party creates, stores, shares, posts or sends through the HOLIDAYGRAPHER Website or any other medium without prior permission of HOLIDAYGRAPHER and Users.
GALLERY AND PHOTO POLICY FOR USERS: -
You hereby agree that Photographer assigned to you for photo session in his discretion shall select the best images from the shoot and after photo editing, which includes cropping, colour exposure adjustment etc. i.e. light editing, will deliver them in online Gallery with a prescribed quantity of images within your chosen package.
You understand and agree that your package does not include photo shopping or extensive edits to any images.
You understand and agree that HOLIDAYGRAPHER or assigned Photographer will not provide extra photos for compensation.
You understand and agree that HOLIDAYGRAPHER will not provide any raw format to protect its photographer’s work.
POLICY OF SHARING PHOTOS ONLINE:-
HOLIDAYGRAPHER respect that people have different comfort levels around sharing photos online and therefore, HOLIDAYGRAPHER understands and agrees that HOLIDAYGRAPHER will never share photos of its User without obtaining written consent from User first.
HOLIDAYGRAPHER undertakes and agrees that After your shoot, HOLIDAYGRAPHER will send a survey to its Users where they can “opt-in” to share their photos on social media, with the press (such as a magazine) or with our official partners. Users are under no obligation to share photos.
After receiving prior written consent from Users, HOLIDAYGRAPHER shall have the unrestricted right and permission to use, re-use, publish, and republish photographic portraits or images of Users, whether partial or complete, composite or distorted in character or form, or reproduction thereof in colour or otherwise, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose, for which Users will not raise any objection.
PRIVACY POLICY AND SECURITY :-
You understand and agree that by using the Website you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have the personally identifiable information collected, used, processed and transferred to such service providers or affiliates as detailed thereunder.
You understand and agree that HOLIDAYGRAPHER cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use the personal information, as provided, for improper purposes. You acknowledge that the personal information and data provided is at its own risk.
CONFIDENTIAL INFORMATION:-
You may in the course of our business relationship, acquire or be exposed to Confidential Information.
You hereby undertake to (i) hold all such Confidential Information in strictest confidence, (ii) not to disclose such Confidential Information either in whole or in part to any person other than those who are authorized to receive such Confidential Information in accordance with the Terms hereof, (iii) not to use such Confidential Information for any purpose whatsoever save as may be strictly necessary in connection with the services provided under this Agreement, (iv) not reverse engineer, disassemble or decompile any prototypes, software or other tangible objects which embody the Confidential Information and which are provided to you hereunder.
Notwithstanding the foregoing, nothing in this Clause shall prevent you from treating a Confidential Information as non-confidential, if such information is:
In the lawful possession of, or was known to you prior to its receipt, without an obligation to maintain its confidentiality;
Is or becomes generally known to the public without violation of this Agreement;
Is required to be disclosed by you under the compulsion of law, or by order of any court or government or regulatory body to whose supervisory authority you are a subject to; provided that, in any such event, you shall give the disclosing party a notice in writing as soon as practicable (which shall be, subject to the applicable law, prior notice where possible and not later than 30 days after such disclosure) and you shall use your best effort to obtain assurance that the disclosed information will be accorded confidential treatment to the maximum extent possible under law.
You agree that you shall take all reasonable measures to protect the secrecy of and avoid unauthorized disclosure and use of the Confidential Information and shall take at least those measures that you take to protect your own Confidential Information.
TERM, TERMINATION AND SUSPENSION :-
This Agreement shall continue to be valid unless terminated by either Party to this Agreement with 30 days prior Notice to the other Party, expressing its willingness and intention to terminate this Agreement.
In addition to the above, either Party may terminate this Agreement with immediate Notice for Material Breach of the Terms of this Agreement by the other party, or for any statutory reasons.
In case of a rectifiable breach of the Terms of this Agreement by either Party, the other Party may terminate this Agreement with immediate Notice, if the former Party fails to rectify or cure the breach within 30 days from the date the later Party notifies the breach in writing.
You may terminate this Agreement on the terms as aforementioned, by giving a 30 days prior Notice to HOLIDAYGRAPHER via E-mail, at its registered E-mail address viz. admin@HOLIDAYGRAPHER.in. Similarly, HOLIDAYGRAPHER may terminate this Agreement by giving a 30 days prior Notice via E-mail at your registered E-mail address.
You agree that any obligations under this Agreement, accrued prior to the termination of this Agreement, shall be fulfilled by you post termination, what so ever.
DISCLAIMERS AND LIMITATION OF LIABILITY:-
If you choose to use the HOLIDAYGRAPHER Website or Website Content, you do so voluntarily and solely at your own risk. The HOLIDAYGRAPHER Website or Website Content is provided on an “as is” basis, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity deemed necessary to investigate the HOLIDAYGRAPHER Services, laws, rules, or regulations that may be applicable to your Services, and that you are not relying upon any statement of law or fact made by HOLIDAYGRAPHER relating to service.
If HOLIDAYGRAPHER chooses to conduct identity verification or background checks on you, to the extent permitted by applicable law, HOLIDAYGRAPHER disclaims warranties of any kind, either express or implied, that such checks will identify prior misconduct by you or guarantee that you will not engage in any misconduct in the future.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
HOLIDAYGRAPHER does not make any representation or warranty as to the quality or value of the services offered on the HOLIDAYGRAPHER Website. HOLIDAYGRAPHER does not implicitly or explicitly support or endorse any services on the HOLIDAYGRAPHER Website. HOLIDAYGRAPHER accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
You acknowledge and agree that you are responsible for your own acts and omissions, and are also responsible for the acts and omissions of any individuals. In furtherance, you agree that you will be solely responsible to other third parties for any loss, damage or cost incurred by any of them arising directly or indirectly from any act, omission or neglect on your part.
You acknowledge that there will be occasions when the HOLIDAYGRAPHER Website may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
IN NO EVENT WILL HOLIDAYGRAPHER OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR’S ACCESS, USE, MISUSE, OR INABILITY TO USE THE WEBSITE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ON ANY OTHER BASIS, EVEN IF HOLIDAYGRAPHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THE QUALITY, MAINTENANCE AND PERFORMANCE OF YOUR SERVICES ARE ENTIRELY THE RESPONSIBILITY OF YOU.
WARRANTIES AND REPRESENTATION
Users represent and affirm that you have understood, and are in agreement with the Contractual relation between yourself and HOLIDAYGRAPHER, to be legally binding agreement.
Users agree and warrant that HOLIDAYGRAPHER has not made any representation in any manner with respect to a particular quantity or quality Booking being sent to you.
You warrant not to engage in any of the following prohibited activities:
Copying, distributing, or disclosing any part of the Website in any medium;
Transmitting spam, chain letters, or other unsolicited email;
attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website;
uploading invalid data, viruses, worms, or other software agents through the Website;
collecting or harvesting any personally identifiable information, including account names, from the Website; using the Website for any commercial purposes without having all necessary rights and licenses to You Content;
impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
interfering with the proper working of the Website;
accessing any content on the Website through any technology or means other than those capabilities provided by the Website; or
by passing the measures we may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein.
INDEMNIFICATION:-
You agree to indemnify, defend and hold HOLIDAYGRAPHER and its affiliates, officers, directors, employees and agents, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorney’s fees) resulting from (i) your use, misuse or abuse of the HOLIDAYGRAPHER Website and/or the Website Content, or (ii) your breach of any provisions of this Agreement, or (iii) your interaction including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use, (iv) HOLIDAYGRAPHER’s collection and remittance of applicable taxes, or (v) your breach of any laws, regulations or third party rights. You will cooperate as fully as reasonably required in HOLIDAYGRAPHER’s defense of any claim. HOLIDAYGRAPHER reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, you shall not in any event settle any matter without the written consent from HOLIDAYGRAPHER.
DISPUTES :-
DISPUTES BETWEEN PARTIES
HOLIDAYGRAPHER hereby declares that although it may help facilitate the resolution of disputes, it is not liable for any dispute arising between parties, either contractual or otherwise.
In case of any disputes between Parties to this agreement, the same shall be resolved by the dispute resolution mechanism as stipulated in the agreement between them. For disputes not covered by such a clause, the parties may approach the appropriate judicial forum for exercising your individual rights or claims.
DISPUTES BETWEEN THE PARTIES
The Parties to this agreement mutually agree that any dispute, claim or controversy arising out of or relating to these terms or the breach, termination, enforcement or interpretation thereof, or pertaining to the use of the HOLIDAYGRAPHER Website, Payment, Photography Services, (collectively referred to as the “disputes”) will be settled by binding arbitration. The arbitration tribunal shall comprise of a sole arbitrator to be appointed by HOLIDAYGRAPHER, and the fees of the arbitration is to be borne by both the parties equally. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Prior to initiating arbitration proceedings, the parties mutually agree to notify the other party of a dispute, and the parties shall have a meeting for the purposes of resolving the dispute inter-se, without the need to enforce the arbitration clause. If after a good-faith effort to negotiate, the parties are unable to resolve the dispute, the party intending to initiate the arbitration proceedings shall notify the other party of the intention, prior to initiating the proceedings.
The parties each agree that any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction.
SEVERABILITY:-
If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
GOVERNING LAW :-
The parties agree that the law governing the present agreement shall be the laws of Australia, and the courts of South Australia, shall have exclusive jurisdiction with respect to any dispute arising from this agreement.
LEGAL AGE :-
To Accept the terms and conditions mentioned herein above and to use the HOLIDAYGRAPHER Website and Services provided by HOLIDAYGRAPHER, you should be at least 18 years/Major and in case you are not 18-year-old, you parent or guardian permission will be required for the purpose of booking shoot.
