TERMS AND CONDITIONS OF WINKS PHOTO TOURS

 

DIMODA STUDIOS PHOTOGRAPHY & VIDEO SERVICES LTD.

665 MILLWAY AVE. UNIT 39

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Last revision: October 11, 2021

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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

 

The following Terms and Conditions govern and apply to your use of or reliance upon this website maintained by DiModa Studios Photography & Video Services Ltd. / Winks Photo Tours (herein referred to as "Winks Photo Tours", the "Website", or "We"). Your access or use of the Website indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the Website. Your continued use of the Website will be considered your acceptance to the revised Terms and Conditions.

 

1. AGE RESTRICTION

 

You must be at least eighteen (18) years of age to use this Website or any services contained herein. Your access or use of this Website indicates your representation that you are at least eighteen (18) years of age. We assume no responsibility or liability for any misrepresentation of your age.

 

2. INTELLECTUAL PROPERTY

 

All intellectual property on the Website is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website, including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved. All original video recorded materials and/or high-resolution RAW or JPG files remain the sole property of DiModa Studios / Winks Photo Tours to be used for display and advertising.

 

3. USE OF COMPANY MATERIALS

 

We may provide you with certain information as a result of your use of the Website including, but not limited to, documentation, data, or information developed by us, and other materials which may assist in the use of the Website or Services ("Company Materials"). The Company Materials may not be used for any other purpose than the use of this Website and the services offered on the Website. Nothing in these Terms of Use may be interpreted as granting any license of intellectual property rights to you.

 

4. PAYMENT

 

When you make a purchase on the Website, you agree to provide a valid form of make a payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all of which you are responsible for.

 

When you provide forms of payment to us, you confirm that you are permitted to use that form of payment.

When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the form of payment you designate for the transaction. You also authorize us to collect and store that method of payment, along with other related transaction information.

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5. SALE OF GOODS AND SERVICES

 

We may sell goods or services or allow third parties to sell goods or services on the Website. We take it to be as accurate as possible with all information regarding the goods and services, including product descriptions and images.

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6. SHIPPING, DELIVERY AND RETURN OF GOODS POLICY

 

You agree to ensure payment for any items you may purchase from us and you acknowledge and affirm that prices are subject to change. When purchasing a physical good, you agree to provide us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to us. If we do so after payment has been processed, we will issue a refund to you in the amount of the purchase price. We also may request additional information from you prior to confirming a sale and we reserve the right to place any additional restrictions on the sale of any of our products. For the sale of physical products, we may preauthorize your credit or debit card at the time you place the order or we may simply charge your card upon shipment. You agree to monitor your method of payment. Shipment costs and dates are subject to change from the costs and dates you are quoted due to unforeseen circumstances.

 

For any questions, concerns, or disputes, you agree to contact us in a timely manner at the following:

 

DiModa Studios Photography & Video Services Ltd. 665 Millway Ave. Unit 39, Vaughan, Ontario Canada L4K 3T8                        info@winksphototours.com

 

If you are not satisfied with anything you have purchased on our Website, you may do the following:

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Please send us an email at info@winksphototours.com and our staff will process your request and respond within two business days.

 

7. CANCELLATION POLICY

 

In the event of a cancellation, a 48 hour notice will be required by the client. All refunds are subject to a 20% administration fee based on the total sale before applicable taxes. Cancellations that occur without the 48 hours notice will not be eligible for a refund.

 

Due to unforeseen circumstances, should Winks Photo Tours cancel a booking, the client will have a choice to rebook on a different day or receive a full refund, the 20% administration fee will not be charged. Please forward all cancellation requests to info@winksphototours.com

 

8. ACCEPTABLE USE

 

You agree not to use the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services or the general business of Winks Photo Tours. You further agree not to use and/or access the Website:

 

 a) To harass, abuse, or threaten others or otherwise violate any person's legal rights;

 b) To violate any intellectual property rights of us or any third party;

 c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

 d) To perpetrate any fraud;

 e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;

 f) To publish or distribute any obscene or defamatory material;

 g) To publish or distribute any material that incites violence, hate or discrimination towards any group;

 h) To unlawfully gather information about others.

 

9. PROTECTION OF PRIVACY

 

Through your use of the Website, you may provide us with certain information. By using the Website, you authorize us to use your information in Canada and any other country where we may operate.

 

We may receive information from external applications you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.

 

We use the information gathered from you to ensure your continued good experience on our website. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers, including other marketers.

 

If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser.

 

10. REVERSE ENGINEERING & SECURITY

 

You may not undertake any of the following actions:

 

a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;

 

b) Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

 

11. INDEMNIFICATION

 

You defend and indemnify Winks Photos Tours and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Website, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defence, if we wish to so.

 

12. SPAM POLICY

 

You are strictly prohibited from using the Website or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

 

13. THIRD-PARTY LINKS & CONTENT

 

We may occasionally post links to third party websites or other services. We are not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from our Website.

 

14. VARIATION

 

To the extent any part or sub-part of these Terms and Conditions is held ineffective or invalid by any court of law, the prior, effective version of these Terms and Conditions be considered enforceable and valid to the fullest extent.

 

15. SERVICE INTERRUPTIONS

 

We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, we will have no liability for any damage or loss caused as a result of such downtime.

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16. PRIVACY

 

In addition to these Terms and Conditions, this Website has a Privacy Policy that describes how your personal data is collected and how cookies are used on the Website. For more information, you may refer to our Privacy Policy, which you may find at the following address: http://www.winksphototours.com/privacy-policy

 

By using or browsing this Website, you also acknowledge that you have read our Privacy Policy.

 

17. LIMITATION ON LIABILITY

 

We are not liable for any damages that may occur to you as a result of your use of the Website, to the fullest extent permitted by law. The maximum liability of Winks Photo Tours arising from your use of the Website is limited the amount you paid to Winks Photo Tours.