GEM PHOTO SCHOOL TERMS AND CONDITIONS

Effective date: January 2021

The following Terms of Use are entered into by and between you, the “User” and Gem Kreatives Ltd, company number 09450725, registered at Unit 42, The Coach House, St. Mayr's Business Centre, 66-70 Bourne Rd, Bexley, Kent, DA5 1LU 
 
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the content, e-commerce store, affiliate links, functionality, products, and services offered on or through our Websites, www.gemkreatives.com, www.gemphotoschool.com as well as our Facebook groups located at fb.me/gemkreatives (collectively, the “Websites”), whether as a guest or a registered user, as well as any content located on or associated with the Websites.

TERMS OF USE OF THE WEBSITES
Gem Kreatives agrees to provide the digital products, services, workshops, and/ or other products to the User via the Website. User agrees to abide by all policies and procedures as outlined in this Terms of Use agreement.

RETURNS POLICY
Because of the nature of digital products, we do not offer refunds. Please confirm all orders are correct before placing the order. However, if you are unsatisfied with your purchase, please reach out to [email protected] and we will do our best to make it right!

PRODUCT DISCLAIMER
The products, guides, workshops, and/ or other products and services which may be available through the Websites are developed for educational purposes ONLY. Education, information, and videos do not purport to be, nor should they be construed as, specific advice tailored to any individual or business. Gem Kreatives assumes no responsibility for errors or omissions that may appear in any Website products or services.

GEM KREATIVES DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WHETHER VERBALLY OR IN WRITING. 

Any testimonials or endorsements by our customers or audience represented on our Websites, landing pages, sales pages or offerings have not been scientifically evaluated, and the results experienced by individuals may vary significantly based on factors such as weather, location, and time of day.

Furthermore, Gem Kreatives does not represent and warrant that the Website or any products contained on the Website will be uninterrupted, available at any time or from any location, secure, error free, free from defects, or that the associated downloads are free from viruses or harmful components. Use Of The Site’s Services Is Done At Your Own Discretion And Risk.

FEES
Payment is due in full at the time of purchase. Gem Kreatives retains the right to refuse access to the purchased products and services if payments are not made as they are due. Further, if at any time if there is a past due payment, access to the Websites will be temporarily restricted until the account is in current financial standing. Questions regarding account standing should be directed to [email protected]

REFUND POLICY
Due to the nature of web-based content, purchases are non-refundable.

INTENDED AUDIENCE
The Websites and the products and services featured on the Websites are intended for adults only. No user under the age of 18 may access or use the Websites.
 
INTELLECTUAL PROPERTY
Gem Kreatives's products and materials are copyright to Gem Kreatives alone. The original materials have been provided under a single-user license for User’s individual use only, and shall remain the sole property of Gem Kreatives. User may not license, sell, or otherwise distribute the filters, materials, videos, documents, or other digital items purchased on the Websites.

By purchasing from the Websites, User agrees not to infringe any copyright, or other intellectual property rights belonging to Gem Kreatives that it may uncover intentionally or unintentionally. Any information shared by Gem Kreatives is confidential and proprietary, and belongs solely and exclusively to Gem Kreatives. 

All content created is a property of the User. However, by using any interactive area of the Gem Kreatives Websites and placing any information in any of those areas, the User grants to Gem Kreatives a perpetual, irrevocable, royalty free license in and to such materials, including but not limited to the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known or later discovered.

INDEMNIFICATION/RELEASE OF LIABILITY 
Gem Kreatives will not be held liable for any incidental, consequential or indirect damages that the User incurs during the provision of or as a result of the use or misuse of the Website or the products and services offered there, including without limitation damages for loss of profits, business interruption, loss of information, plagiarism, etc. 

THIRD PARTY SITES
Our Website may contain links to third-party web sites or services that are not owned or controlled by Gem Kreatives. Gem Kreatives has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You acknowledge and agree that Gem Kreatives shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

TERMINATION
User agrees that in the following circumstances, Gem Kreatives may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate User’s access to the Websites: 
User becomes disruptive to Gem Kreatives or other users; 
User fails to follow the guidelines posted in the Facebook Group or in the course description, which may change from time to time but shall be included in the “About” section of the group’s landing page; 
User distributes the products sold by Gem Kreatives without permission;
Gem Kreatives discovers or reasonably suspects the User is promoting their own products or services on the Gem Kreatives Websites;
User refuses to abide by Gem Kreatives administration or moderation requests; or 
the User violates these terms as determined solely by Gem Kreatives. 

Upon termination for any of the above reasons, User’s access to the Websites will be restricted and/ or terminated completely. No refunds will be provided.

GENERAL TERMS
This Agreement shall be binding upon and inure to the benefit of the Parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.

This Agreement constitutes and contains the entire agreement between the Parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter.

This Agreement shall be governed by and construed in accordance with the laws of England and Wales. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder. User may not assign this Agreement.

Gem Kreatives may modify terms of this agreement at any time, and will update this webpage with a “last updated” date.

In the event that any force majeure events beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment, labor strike, or civil disturbance, make it illegal or impossible for the Parties to perform under this Agreement, further performance hereunder may be excused without liability.