TERMS & CONDITIONS

WHO WE ARE AND HOW TO CONTACT US  

Our is a site operated by Holly Booth, a sole trader trading as Holly Booth Photography (“we / us / our”). We have our registered business address at Denby House Business Centre, Taylor Lane, Heanor, Derbyshire, DE75 7AB, United Kingdom.

To contact us, please email us at hello@hollybooth.com or via the Contact page on our website.

BY USING OUR SITE YOU ACCEPT THESE TERMS  

By using our site, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our site. We recommend that you print a copy of these terms for future reference.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU  

These Terms refer to the following additional terms, which also apply to your use of our site:

•      our Privacy Policy, which sets out how we deal with your personal data;

•      our Cookie Policy, which sets out information about the cookies on our site.

WE MAY MAKE CHANGES TO THESE TERMS  

We amend these Terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated in August 2019.

WE MAY MAKE CHANGES TO OUR SITE  

We may update and change our site from time to time to reflect changes to our products or services, our users’ needs and our business priorities.

WE MAY SUSPEND OR WITHDRAW OUR SITE  

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

HOW YOU MAY USE MATERIAL ON OUR SITE  

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

DO NOT RELY ON INFORMATION ON THIS SITE  

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO  

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked sites or information you may obtain from them.

We have no control over the contents of those sites or resources.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU  

Whether you are a consumer or a business user:

 •      We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user:

 •      We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

•      We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

o   use of, or inability to use, our site; or

o   use of or reliance on any content displayed on our site.

•      In particular, we will not be liable for:

o   loss of profits, sales, business, or revenue;

o   business interruption;

o   loss of anticipated savings;

o   loss of business opportunity, goodwill or reputation; or

o   any indirect or consequential loss or damage.

If you are a consumer user:

•      Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

•      If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

HOW WE MAY USE YOUR PERSONAL INFORMATION  

We will only use your personal information as set out in our Privacy Policy.

HOW YOU MAY USE OUR SITE

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

RULES ABOUT LINKING TO OUR SITE  

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy below.

If you wish to link to or make any use of content on our site other than that set out above, please contact us via email at hello@hollybooth.com or via the Contact page on our website.

ACCEPTABLE USE POLICY

This Acceptable Use Policy sets out the content standards that apply when you upload content to our site, make contact with other users on our site, link to our site, or interact with our site in any other way.

Prohibited Uses  

You may use our site only for lawful purposes. You may not use our site:

•      in any way that breaches any applicable local, national or international law or regulation;

•      in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

•      for the purpose of harming or attempting to harm minors in any way;

•      to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below;

•      to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

•      to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree not to access without authority, interfere with, damage or disrupt 

•      any part of our site;

•      any equipment or network on which our site is stored;

•      any software used in the provision of our site; or

•      any equipment or network or software owned or used by any third party.

Content Standards  

These Content Standards apply to any and all material which you contribute to our site (“Contribution”), as well as to any websites with which you link our site.

The Content Standards must be complied with in spirit as well as to the letter. The Standards apply to each part of any Contribution as well as to its whole.

We will determine, in our absolute discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

•      be accurate (where it states facts);

•      be genuinely held (where it states opinions);

•      comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

•      be defamatory of any person;

•      be obscene, offensive, hateful or inflammatory;

•      promote sexually explicit material;

•      promote violence;

•      promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

•      infringe any copyright, database right or trade mark of any other person;

•      be likely to deceive any person;

•      breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

•      promote any illegal activity;

•      be in contempt of court;

•      be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

•      be likely to harass, upset, embarrass, alarm or annoy any other person;

•      impersonate any person, or misrepresent your identity or affiliation with any person;

•      give the impression that the Contribution emanates from us or our company, if this is not the case;

•      advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;

•      contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;

•      contain any advertising or promote any services or web links to other sites.

Breach Of This Policy  

When we consider that a breach of this Acceptable Use Policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this Acceptable Use Policy constitutes a material breach of the Website Terms and Conditions upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

•      immediate, temporary or permanent withdrawal of your right to use our site;

•      immediate, temporary or permanent removal of any Contribution uploaded by you to our site;

•      issue of a warning to you;

•      legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

•      further legal action against you;

•      disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this Acceptable Use Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?  

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.