Welcome to KMW Photography. These Terms of Service ("Terms") govern your use of our website located at www.kmwphotography.co.uk (the "Site") and the purchase of any products or services from KMW Photography. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site.

1. General Terms

1.1 Eligibility: You must be at least 18 years old to use the Site and purchase products. By using the Site, you represent and warrant that you have the legal capacity to enter into these Terms.

1.2 Modification of Terms: We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site after the posting of changes constitutes your acceptance of those changes.

2. Products and Services

2.1 Product Descriptions: We strive to provide accurate descriptions and images of our products. However, we do not warrant that the descriptions, images, or other content available on the Site are accurate, complete, or free from errors.

2.2 Pricing: All prices are listed in GBP and are subject to change without notice. We reserve the right to modify prices or discontinue products at any time.

2.3 Availability: All products are subject to availability. We reserve the right to limit the quantity of products we supply, and we may discontinue any product at any time.

3. Orders and Payment

3.1 Order Acceptance: Your receipt of an order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right to accept or decline your order at any time after receipt.

3.2 Payment: Payment must be made in full at the time of order placement. We accept payment via credit and debit cards applicable via Stripe as well as direct bank transfer. All payments are processed through secure payment gateways.

3.3 Taxes: You are responsible for all applicable taxes related to your purchase.

4. Shipping and Delivery

4.1 Shipping: We ship products to addresses within the UK. Shipping costs and delivery times are calculated at checkout and depend on your location.

4.2 Delivery: Estimated delivery times are provided at checkout. We are not responsible for delays caused by carriers or events beyond our control.

4.3 Risk of Loss: All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

5. Returns and Refunds

5.1 Returns: Due to the custom nature of our products, we do not accept returns unless the product is defective or damaged upon arrival.

5.2 Refunds: If you receive a defective or damaged product, please contact us within 7 of receipt. We will work with you to arrange a replacement or refund.

5.3 Non-Returnable Items: Custom prints, digital downloads, and other personalised items are non-returnable and non-refundable unless defective.

6. Intellectual Property

6.1 Ownership: All content on the Site, including images, text, graphics, logos, and designs, is the property of KMW Photography or its content suppliers and is protected by intellectual property laws.

6.2 License: You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes.

6.3 Prohibited Use: You may not reproduce, distribute, modify, or create derivative works of any content on the Site without our prior written consent.

7. Privacy

Your use of the Site is also governed by our Privacy Policy, which can be found below.

8. Disclaimers and Limitation of Liability

8.1 Disclaimers: The Site and products are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied.

8.2 Limitation of Liability: In no event shall KMW Photography be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Site or purchase of products.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of The United Kingdom, without regard to its conflict of law principles.

10. Dispute Resolution

Any disputes arising out of or relating to these Terms or your use of the Site shall be resolved through binding arbitration in The United Kingdom.

11. Contact Information

If you have any questions about these Terms, please contact us via the contact form.

Digital Image License

This Digital Image License Agreement ("Agreement") is between KMW Photography ("Licensor") and you, the purchaser or downloader of digital images ("Licensee"). By purchasing or downloading digital images from www.kmwphotogrpahy.co.uk (the "Site"), you agree to be bound by the terms and conditions of this Agreement.

1. Grant of License

1.1 License: Subject to the terms and conditions of this Agreement, Licensor grants Licensee a limited, non-exclusive, non-transferable, and non-sublicensable license to use the digital images ("Images") for the permitted uses outlined in Section 2.

1.2 Ownership: All rights, title, and interest in and to the Images, including all intellectual property rights, remain with Licensor. Licensee is granted a license to use the Images, not ownership of the Images.

2. Permitted Uses

Licensee may use the Images in the following ways:

2.1 Personal Use: Licensee may use the Images for personal, non-commercial purposes, such as personal websites, social media profiles, or personal projects.

2.2 Commercial Use: Licensee may use the Images for commercial purposes, including but not limited to:

• Advertising and promotional materials
• Websites and social media platforms
• Digital or printed marketing materials
• Product packaging
• Multimedia presentations

Note: Commercial use is subject to additional fees as specified on the Site or in a separate agreement.

2.3 Editorial Use: Licensee may use the Images for editorial purposes, such as news articles, blogs, or educational content, provided that the Images are accompanied by appropriate credit to Licensor.

3. Prohibited Uses

Licensee is prohibited from the following uses of the Images:

3.1 Resale or Redistribution: Licensee may not resell, redistribute, or sublicense the Images to any third party.

3.2 Unlawful Use: Licensee may not use the Images in any manner that is unlawful, defamatory, or otherwise harmful to any person or entity.

3.3 Sensitive Use: Licensee may not use the Images in a way that depicts any person in a negative light, including but not limited to uses that are pornographic, defamatory, or otherwise offensive.

3.4 Modifications: Licensee may not alter, manipulate, or create derivative works from the Images without Licensor's prior written consent, except as necessary for the intended use (e.g., cropping, resizing for web).

4. Duration of License

4.1 Term: The license granted under this Agreement is perpetual unless otherwise specified at the time of purchase.

4.2 Termination: Licensor may terminate this Agreement immediately upon written notice to Licensee if Licensee breaches any of the terms of this Agreement. Upon termination, Licensee must cease all use of the Images and delete any copies in their possession.

5. Fees

5.1 License Fee: The license fee for the Images is as specified on the Site at the time of purchase. All fees are non-refundable unless otherwise specified.

5.2 Taxes: Licensee is responsible for paying any applicable taxes associated with the purchase and use of the Images.

6. Credit and Attribution

6.1 Attribution: When using the Images for editorial purposes, Licensee must provide credit to Licensor in the following format: "Image © KMW Photography."

6.2 Waiver: The requirement for attribution may be waived if specified at the time of purchase.

7. Disclaimers and Limitation of Liability

7.1 Disclaimers: The Images are provided "as is" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

7.2 Limitation of Liability: In no event shall Licensor be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of the Images.

8. Indemnification

Licensee agrees to indemnify, defend, and hold harmless Licensor from any and all claims, liabilities, damages, and expenses arising out of or related to Licensee's use of the Images in violation of this Agreement.

9. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of The United Kingdom, without regard to its conflict of law principles.

10. Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration in The United Kingdom.

11. Entire Agreement

This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings.

12. Contact Information

If you have any questions about this Agreement, please contact us via the contact form.

Privacy Notice

1. Introduction

Welcome to kmwphotogrpahy.co.uk! We value your privacy and are committed to protecting your personal information. This Privacy Policy explains how we collect, use, and share information about you when you visit our website or use our services.

By using our website, you agree to the terms outlined in this Privacy Policy. If you do not agree with this policy, please do not use our services.

2. Information We Collect

We collect information that you provide directly to us and information automatically collected when you use our website:

Personal Information: This may include your name, email address, phone number, and other contact details when you fill out forms or subscribe to our newsletter.

Photography Information: If you request photography services, we may collect information about the event, including dates, locations, and specific preferences.

Payment Information: If you make a purchase or booking through our website, we collect payment details such as billing address and credit card information.

Usage Data: We collect information about how you interact with our website, including your IP address, browser type, device information, and pages visited.

Cookies: We use cookies and similar tracking technologies to enhance your browsing experience and gather usage statistics.

3. How We Use Your Information

We may use the information we collect for the following purposes:

• To provide and improve our photography services.
• To communicate with you, respond to inquiries, and send updates.
• To process payments and complete transactions.
• To send marketing emails and promotions, if you have opted in.
• To personalise your website experience.
• To ensure the security and integrity of our website.

4. Sharing Your Information

We do not sell or rent your personal information to third parties. However, we may share your information with:

Service Providers: Third-party vendors who assist with website operations, payment processing, and marketing.

Legal Requirements: We may disclose information if required to do so by law or in response to legal proceedings.

Business Transfers: In the event of a merger, sale, or acquisition, your information may be transferred as part of the business assets

5. Data Security

We implement appropriate security measures to protect your personal information from unauthorised access, disclosure, or alteration. However, no method of transmission over the internet is completely secure, and we cannot guarantee absolute security.

6. Your Rights

You have certain rights regarding your personal information, including:

• Accessing, correcting, or deleting your personal data.
• Opting out of marketing communications.
• Limiting or restricting how we use your personal information.
• To exercise any of these rights, please contact us at help@kmwphotography.co.uk

7. Third-Party Links

Our website may contain links to third-party websites. We are not responsible for the privacy practices or content of those websites. We encourage you to review the privacy policies of any external sites you visit.

8. Children's Privacy

Our website is not intended for individuals under the age of 13, and we do not knowingly collect personal information from children.

9. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. Any changes will be posted on this page with the updated effective date.

10. Contact Us

If you have any questions or concerns about this Privacy Policy, please contact us at kimberleymiskellywebster@gmail.com

11. Cookie Policy

We use cookies to enhance user experience and analyze website traffic. By continuing to use our website, you consent to the use of cookies as described in this policy. You may opt out by adjusting your browser settings.