IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
ABOUT THESE CONDITIONS
These are the terms and conditions, which apply to your use of this Website () and the purchase of Goods and Services from us. If you do not agree to these Conditions, you must not use this Website.
This Website and the Goods and Services displayed on it are provided by Mark D’Cruz Photography of 66 Harvey Road, Whitton, TW4 5LU, ("we", "us" and "our"). When we refer to "you" and "your" we mean the user of this Website, purchaser of Goods or user of our Services.
You should read these Conditions carefully before using this Website or purchasing any Goods or Services from us.
We reserve the right to change these Conditions at any time. Any changes to the Conditions will be effective after the change is published on this Website. You should check these Conditions before each order or booking as they may have changed since your last visit.
If you have any questions about Conditions, the Services or this Website, please contact us using the contact details in the “Contact” section of this Website.
When the following words with capital letters are used in these Conditions, they shall have the following meaning:
“Class” any Course, Workshop or Class provided by us or on our behalf at the Nursery or Studios as part of the Services;
“Conditions” the terms and conditions as set out in this document and as amended from time to time.
“Goods” any Goods offered for sale at any of our Nurseries or Studios or from our Website;
“Nursery” our nursery as published on our website;
“Services” services available to you via this Website Services Section, and including Classes;
“Studio” our studios, as published on our Website
USE OF OUR FACILITIES AND CLASSES
You are entitled to use the classes and or studios or both and facilities provided that the Studio may at any time without notice withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of the company.
You must be aged 18 years or over to attend any of our Classes or to use any of our facilities at the Studios. Children between the ages of 13 and 18 may be allowed to attend provided they are accompanied by their parents.
You agree to comply with our Studio rules which you can see online or displayed in all our locations. The access rules relate to our opening hours, use of our facilities and your conduct.
You must dress appropriately for working both indoor and outdoor in variable weather condition, as classes can be conducted both indoor or outdoor.
Instructors and Classes are subject to change
We reserve the right to refuse you access to the Gardens and Studios and suspend or terminate your use of our Services if in our reasonable opinion your conduct is damaging to our reputation, is in breach of these Conditions or would otherwise not be in the interests of other users of our Studios or participants in our Classes. Following such suspension or termination, any privileges shall be forfeited and you shall not be entitled to any refund.
Please arrive at least 10 minutes before the scheduled class start time.
CLASSES AND BOOKING CLASSES
You need to setup an account to book classes online.
You can check availability and book Classes in advance online via our Website. Multiple Classes can also be purchased as blocks at discounted rates. When you book a Class, one will be deducted from your account.
We have only a limited number of seats, so classes are subject to availability and we do not guarantee that spaces will be available in any given Class, even if you have sufficient classes in your account.
You may cancel a booking up to 72 hours before the Class and receive a credit for the class. You can cancel by emailing or phoning us. If you cancel less than 72 hours in advance your account will be deducted for that class, including those places allocated via the waitlist, and you will not be refunded.
If the Class you wish to attend is fully booked, you may choose an alternative Class with remaining spaces.
In certain circumstances, you will be issued with a free “Advantage Pass”. Advantage Passes will expire 1 month from issue.
Price details for classes are available on our Website and shall be such prices as determined by us from time to time.
Classes will expire 12 months from purchase.
Class bookings are not transferable to any other person and you should not allow anyone else to book Classes using your Classes.
Subject to any statutory right of cancellation, payments for Classes are non-refundable unless otherwise stated in these Conditions.
Our photographic services are bespoke and tailored to your requirements and conditions. As such, they cannot be returned once the photos have been taken. You may cancel a booking up to 7 days before the booking date. If a photoshoot booking it is cancelled after that no refunds are paid.
USE OF OUR WEBSITE
While we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
We may update this Website from time to time and may change the content at any time. Any of the materials on our Website may be out of date at any given time and we are under no obligation to update such materials. We do not guarantee that our Website, or any content on it, will be free from errors or omissions.
Access is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
By accessing this Website, you agree that you will access its contents solely for your own use. You may print out a single hard copy of any part of the content of this Website for your use in accordance with these Conditions. You must not modify the copies of any materials on this Website in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any text. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
You must not use any part of the content on our Website 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 Website in breach of these Conditions of use your right to use this Website will cease immediately and you must, at our discretion, return or destroy any copies of the materials you have made.
We cannot guarantee that this Website will operate in accordance with your expectations or will be error-free. If you are aware of any error on this Website please contact us by email at, and we will endeavour to correct it.
YOUR USERNAME AND PASSWORD
You must not share your username, password or other login details and must treat such information as confidential and must not disclose it to any third party. If you have any reason to believe your account details have been obtained by another without consent you must contact us at as soon as possible.
We reserve the right to disable any user identification code or password used to access to this Website at any time if in our reasonable opinion you have failed to comply with these Conditions.
The Intellectual property rights in all contents of this Website and in the supply of products and Services are owned by Mark D’Cruz Photography or other third parties. You are not allowed to make any copies or to download, modify or use any of the trademarks, logos or trade names without prior written consent or the consent of such third party who may own the marks.
The design and layout of this Website are protected by copyright, database right, design rights and other similar laws and may not be copied or imitated in whole or in part.
We and our suppliers own the intellectual property rights in the software that runs this Website. Save to the extent expressly permitted by applicable laws, you must not copy, modify, download, distribute, decipher, de-compile, interfere with or attempt to interfere with that software without our prior written consent.
RISK AND PROPERTY
The risk in the Goods purchased shall pass to the Customer upon delivery but the title in the Goods supplied shall remain with Mark D’Cruz Photography until the Customer has paid all amounts outstanding to Mark D’Cruz Photography under any account whatsoever.
Until Mark D’Cruz Photography is paid in full for the Services & Products the relationship of the Customer to Mark D’Cruz Photography shall be fiduciary in respect of the Services & Products and the Customer shall keep the Services & Products separate from those of the Customer or third parties and properly stored, protected, and identified as Mark D’Cruz Photography’s property.
For good delivered by post or courier the risk of damage to or loss of the goods passes to you either at the time of delivery to you or to the agreed delivery address or at the time we attempted to deliver to you, in accordance with your delivery instructions, whichever is the sooner.
You will own the goods as soon as 1) delivery has taken place, and 2) we have received cleared payment in full. While you will own the physical products, the intellectual property of the photo taken is owned solely by Mark D’Cruz Photography and no copies may be made without written permission from Mark D’Cruz Photography.
LIMITATION OF LIABILITY
By enrolling with Mark D’Cruz Photography and attending our studios, you acknowledge that there are inherent risks and dangers in participating in our classes and programmes.
It is your responsibility to ensure that your condition regarding Fitness and Health, and that your physical condition is appropriate for participating in our classes and programmes. A member of staff must be consulted by yourself if you are in any doubt how to correctly set up and use our equipment.
Neither Mark D’Cruz Photography or its employees shall be liable for any death, personal injury or illness that take place on our premises or that occur as a result of using our facilities or participating in our classes.
Without limiting the generality of the foregoing exclusion, we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under terms and conditions or in connection with our website, whether direct or indirect, and whether arising in tort, contract, or otherwise. However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
Personal belongings are brought into our premises at your own risk, and you agree that Mark D’Cruz Photography, and its employees, shall not be liable for any loss, damage or theft of any property brought onto our premises belonging to yourself or your guests.
OTHER RELEVANT POLICIES
We reserve the right to vary or amend these Conditions from time to time. Any changes shall take effect upon posting to this Website and our provision of Goods and Services to you.
No waiver of any of these Conditions shall be valid unless provided in writing by us.
GOVERNING LAW AND JURISDICTION
Any dispute arising between you and us in relation to these Conditions shall be governed by English law.
We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.