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Terms & conditions, PRIVACY POLICY, LEGAL

Terms & Conditions

Terms & Conditions

These terms and conditions (the “Terms and Conditions”) govern the use of www.ontheuphill.com (the “Site”). This Site is owned and operated by Ontheuphill Photography Inc. (“Company”, “We”, “Us”). This Site is an e-commerce website selling goods (“Goods”) and providing services (“Services”).

By using this Site, the viewer of the Site (“You”, “Yourself”, “User”) indicates that You have read and understand these Terms and Conditions and agree to abide by them at all times.

Terms for using the Site

The use of the Site is subject to the Company’s Privacy Policy, including Cookie Policy, applicable Terms and Conditions of the Company. Using the Site constitutes your acknowledgement and acceptance of these terms.

The Site may contain external links to third party websites and domains. The Company has no control over these external sites and assumes no responsibility for material created or published on the linked websites. Compliance with any applicable laws is the explicit responsibility of the external website.

The Company reserves the right to change or modify any contents of the Site, including these Terms and Conditions, or withdraw or limit access to the Site at any time with or without notice. The Site is provided ‘as is’ without warranties of any kind, express or implied including the accuracy, completeness, reliability or availability of the Site. The Company assumes no responsibility for any direct, indirect, incidental, or consequential damages arising from the use of the Site, except as required by applicable Law.

Privacy Policy

We have established a Privacy Policy which governs the manner in which data is collected and used in relation to the Site.

Intellectual Property

All content published and made available on our Site is the property of the Company, Site’s creators and authors of the photographs with whom the Company has contractual agreements. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site. All copying, transferring, modifying, saving, publishing or distributing the contents of the Site or any of its parts is prohibited without the Company’s prior written consent. The purchase of any goods on the Site does not provide the User with any copyright interest or other intellectual property right in the original digital product.

Intellectual Property Infringement

If you believe any material available on our Site infringes a copyright/trademark You own or control, You may file a notification of such infringement to us at infringement@ontheuphill.com

Upon receipt of the infringement claim, or upon becoming aware of any actual or alleged infringement by any other means, We will remove such actual or alleged infringing goods from the Site and/or cease sales of the goods until we investigate the case. We respect the intellectual property rights of others. If you believe that your work has been copied or used on the Site in a way that constitutes intellectual property infringement, please notify Us by following the procedure set forth in the immediately aforementioned paragraph.

Sale of Goods

These Terms and Conditions govern the sale of goods available on our Site. The following goods are available on our Site:

  • Framed photographic prints.

These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. All framed prints purchased will be provided to You along with a certificate of authenticity from Us. You acknowledge that a framed print is being provided without warranty in its current “AS IS” condition. Company makes no warranty of any kind whatsoever, whether express or implied.

All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.

All sales are final for any goods You order from the Site, because all the goods are produced to your individual specifications and there is no return policy. Only if the package has been damaged during the delivery – you need to contact us and provide the photo of the damage. We will work out the details how to replace your goods in the case such damage occurred. We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Modifications to the Service and Prices

Prices for our Goods are subject to change without notice. We reserve the right at any time to modify or discontinue the service of the Site (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service or sales of the Goods.

Communications

To improve the service that We provide to You, You may need to communicate with Us through emails or any other mode of communication. When You use the Site or send emails or other data and information, You agree and understand that You are communicating with Us through electronic records and You hereby provide your express consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email or phone. It is important that You understand that any such mode of communication, helps Us provide You with information that We think You require from time to time such as confirmation of a purchase on the Site or knowing the status of delivery related to such purchases.

Payments

We accept the following payment methods on our Site:

  • Credit Card (VISA, Master Card, American Express)
  • PayPal

By providing us with your payment information, you authorize us to charge the amount due to this payment instrument. The Company uses a third-party payment processing platform (Stripe), a secure and reliable world-wide known internet payment system, to handle all card payments (Visa, Mastercard, American Express, PayPal). Your bank details (card number, expiry date…) are encrypted using the latest SSL technology and are under no circumstances provided to the Company. We do not have any of your payment information. It is collected and processed only by a third-party service (Stripe).

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Taxes

You acknowledge that the Company adds taxes to the total amount being charged, when required or when allowed to do so under the applicable law. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any taxes.

Shipping and Delivery

When you purchase Goods from our Site, the Goods will be delivered through one of the following methods:

  • FedEx ground and FedEx international ground.

Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and statutory holidays.

You will not be charged for the delivery of the goods you purchase on our Site.

If you purchase goods from us for delivery to a destination outside Canada your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

Consumer Protection Law

Where the Business Practice and Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Limitation of Liability

The Company and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site. In no event shall the Company be liable for any direct, indirect, incidental, special or consequential damage of any kind in connection with the Terms and Conditions, Privacy Policy or any other policy of the Company. Further, We do not accept responsibility that the Site, its servers, or email sent from the Site are free of viruses or other harmful components.

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless the Company and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law

These Terms and Conditions are governed by the laws of the Province of British Columbia, Canada.

Dispute Resolution

Subject to any exceptions specified in these Terms and Conditions, if you and the Company are unable to resolve any dispute through informal discussion, then you and the Company agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both You and the Company.

Notwithstanding any other provision in these Terms and Conditions, you and the Company agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will not notify users by email of changes to these Terms and Conditions or post a notice on our Site. The Terms and Conditions may be updated from time to time at the sole discretion of the Company. To that end, it is your duty to acquaint yourself regularly with the contents of the same.

Disclaimer

The Company makes no warranty regarding the quality of any goods purchased or obtained through the Site or the accuracy, timeliness, completeness, or reliability of any content obtained through the Site or purchase of the goods.

Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows: info@ontheuphill.com

Effective Date: 2nd day of December, 2021

Privacy policy

Privacy policy

Effective date: 2nd day of December, 2021

www.ontheuphill.com (the “Site”) is owned and operated by Ontheuphill Photography Inc. (“Company”, “We”, “Us”). This Site is an e-commerce website selling goods (“Goods”) and providing services (“Services”).

Purpose

The purpose of this privacy policy (“Privacy Policy”) is to inform users of our Site of the following:

  1. The personal data we will collect;
  2. Use of collected data;
  3. Who has access to the data collected;
  4. The rights of Site users; and
  5. The Site’s cookie policy.

This Privacy Policy applies in addition to the terms and conditions of our Site.

Consent

By using our Site users agree that they consent to:

  1. The conditions set out in this Privacy Policy; and
  2. The collection, use, and retention of the data listed in this Privacy Policy.

Personal Data We Collect

We only collect data that helps us achieve the purpose set out in this Privacy Policy. We will not collect any additional data beyond the data listed below without notifying you first.

Data Collected Automatically

When you visit and use our Site, we may automatically collect and store the following information:

  1. Location; and
  2. Content viewed.

Data Collected in a Non-Automatic Way

We may also collect the following data when you perform certain functions on our Site:

  1. First and last name;
  2. Email address;
  3. Phone number;
  4. Address; and
  5. Payment information.

This data may be collected when user perform the following:

  1. Making a purchase of the goods.

How We Use Personal Data

Data collected on our Site will only be used for the purposes specified in this Privacy Policy or indicated on the relevant pages of our Site. We will not use your data beyond what we disclose in this Privacy Policy.

The data we collect automatically is used for the following purposes:

  1. Statistics.

The data we collect when the user performs certain functions may be used for the following purposes:

  1. Collecting the payment for the purchased goods and shipping purchased goods to the user.

Who We Share Personal Data With

Employees – We may disclose user data to any member of our organization who reasonably needs access to user data to achieve the purposes set out in this Privacy Policy.

Other Disclosures

We will not sell or share your data with other third parties, except in the following cases:

  1. If the law requires it;
  2. If it is required for any legal proceeding;
  3. To prove or protect our legal rights; and
  4. To buyers or potential buyers of this company in the event that we seek to sell the company.

If you follow hyperlinks from our Site to another Site, please note that we are not responsible for and have no control over their privacy policies and practices.

How Long We Store Personal Data

User data will be stored until the purpose the data was collected for has been achieved.

You will be notified if your data is kept for longer than this period.

How We Protect Your Personal Data

In order to protect your security, we use the strongest available browser encryption and store all of our data on servers in secure facilities. All data is only accessible to our employees. Our employees are bound by strict confidentiality agreements and a breach of this agreement would result in the employee’s termination.

While we take all reasonable precautions to ensure that user data is secure and that users are protected, there always remains the risk of harm. The Internet as a whole can be insecure at times and therefore we are unable to guarantee the security of user data beyond what is reasonably practical.

Children

We do not knowingly collect or use personal data from children under 13 years of age. If we learn that we have collected personal data from a child under 13 years of age, the personal data will be deleted as soon as possible. If a child under 13 years of age has provided us with personal data their parent or guardian may contact our privacy officer.
How to Access, Modify, Delete, or Challenge the Data Collected

If you would like to know if we have collected your personal data, how we have used your personal data, if we have disclosed your personal data and to who we disclosed your personal data, or if you would like your data to be deleted or modified in any way, please contact our privacy officer here: privacy@ontheuphill.com

Do Not Track Notice

Do Not Track (“DNT”) is a privacy preference that you can set in certain web browsers. We do not track the users of our Site over time and across third party websites and therefore do not respond to browser-initiated DNT signals.

Cookie Policy

A cookie is a small file, stored on a user’s hard drive by a website. Its purpose is to collect data relating to the user’s browsing habits. You can choose to be notified each time a cookie is transmitted. You can also choose to disable cookies entirely in your internet browser, but this may decrease the quality of your user experience.

We use cookies for a variety of reasons detailed below. Unfortunately in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.

You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of the site. Therefore it is recommended that you do not disable cookies.

The cookies we set on the Site:

  • Orders processing related cookies
    This site offers e-commerce or payment facilities and some cookies are essential to ensure that your order is remembered between pages so that we can process it properly.
  • Forms related cookies
    When you submit data to through a form such as those found on contact pages or comment forms cookies may be set to remember your user details for future correspondence.
  • In some special cases we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site: This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content. For more information on Google Analytics cookies, see the official Google Analytics page.
  • Third party analytics are used to track and measure usage of this site so that we can continue to produce engaging content. These cookies may track things such as how long you spend on the site or pages you visit which helps us to understand how we can improve the site for you.
  • From time to time we test new features and make subtle changes to the way that the site is delivered. When we are still testing new features these cookies may be used to ensure that you receive a consistent experience whilst on the site whilst ensuring we understand which optimizations our users appreciate the most.
  • As we sell products it’s important for us to understand statistics about how many of the visitors to our site actually make a purchase and as such this is the kind of data that these cookies will track. This is important to you as it means that we can accurately make business predictions that allow us to monitor our advertising and product costs to ensure the best possible price.
  • We also use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways. For these to work the following social media sites including Facebook, Instagram, Twitter and LinkedIn, will set cookies through our site which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.

Modifications

This Privacy Policy may be amended from time to time in order to maintain compliance with the law and to reflect any changes to our data collection process. When we amend this Privacy Policy we will update the “Effective Date” at the top of this Privacy Policy. We recommend that our users periodically review our Privacy Policy to ensure that they are notified of any updates. If necessary, we may notify users by email of changes to this Privacy Policy.

Contact Information

If you have any questions, concerns or complaints, you can contact us at: privacy@ontheuphill.com

Trademark

Ontheuphill is a pending trademark name of Ontheuphill Photography Inc.

Copyrights

© Copyright 2021 Ontheuphill Photography Inc. All rights reserved. All images used on our website are used through contractual agreements between authors and Ontheuphill Photography Inc. No portion of the Ontheuphill website may be copied, reused, reproduced, distributed, published or used in any other way in analogue or digital form without prior written agreement.

Disclaimer

Ontheuphill Photography Inc. is not responsible for the contents of external links and content.