Terms and Conditions

Welcome to michaelmathias.co.uk, which is owned and operated by the proprietor Michael Mathias. Please read these terms and conditions carefully as you agree to be bound by them, whilst using the michaelmathias.co.uk website.

Definitions

In the terms and conditions the following definitions shall apply:-

  1. "The Client" means any person, firm or company who negotiates with or contracts to purchase the pictures of Michael Mathias Glastonbury Photographer.
  2. "Michael Mathias Glastonbury Photographer" or "Michael Mathias" or "we" or "us" means Mathias Publishing.
  3. "Picture" includes a photographic print or transparency or any other item including an electronic image (in the form of a computer file or otherwise).
  4. "Reproduction" includes any form of publication or copying, of the whole or part of any picture and whether or not altered whether by printing, photography, slide projection (whether or not to an audience) xerography, artists reference, artists illustration, layout at presentation, electronic or mechanical reproduction including on-line services, Internet or CD Rom, or storage by any other means, and "to Reproduce" shall be construed accordingly.

Website Terms & Conditions

for www.michaelmathias.co.uk

These terms and conditions govern your use of our website. Using the Website implies that you accept these terms. We do occasionally update these terms so please refer back to them in the future. You will be able to access the majority of this Website without having to register any details with us. You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission. The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent. No part of this Website may be reproduced without our prior written permission.

We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time. This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.

Cancellations & Changes to Website

We reserve the right to remove or edit content, or cancel orders as appropriate. If we cancel an order, no charge to yourself will be incurred by you. We will be doing our utmost to maintain the availability of the website at all times or limit the duration of any downtime. However, due to the nature of the internet we cannot guarantee the availability of the site at all times. Maintenance and repairs will be undertaken to improve the site which may disrupt our service from time to time.

Links

Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this Website, it is at your own risk. If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions: you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us; you do not misrepresent your relationship with us or present any false information about us; you do not link from a website that is not owned by you; and your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom. If you choose to link to our website in breach of these conditions, you shall fully indemnify us for any loss or damage suffered as a result of your actions.

Disclaimer

We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date. The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.

Exclusion of Liability

Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liable or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website. Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the United Kingdom. GOVERNING JURISDICTION: This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.

Product Ordering

We have a competitive pricing policy where we monitor our competitors and deliver you competitive prices. All prices shown on the site include the applicable VAT rate. All products are available at the time of purchase or will be made available as soon as possible after the time of purchase.

Returns

We understand that circumstances change and occasionally goods bought may no longer be required. If you wish to return any goods for a credit note or to receive a refund, please contact the proprietor by email. Your right to notify us of your intention to return unwanted products is limited to 7 working days, starting from from the the day after delivery, unless a longer period is specified on your order confirmation, product packaging or delivery note. Where possible, products should be returned to in unused condition, with their original packaging. Returns will not normally be accepted after this time.

We cannot accept responsibility for goods lost in transit after being sent back to us. The return of goods is the responsibility of the sender and we recommend sending them back by registered or recorded delivery

When you order, you need to ensure your details are accurate as we will send your order the address you provide.

Unauthorized Use

Without limitation, images may not be used as a trademark or service mark, for any pornographic or unlawful purpose, to defame a person, to violate a person's right to privacy or publicity, to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorized use of these Images constitutes copyright infringement and shall entitle us to exercise all rights and remedies under applicable copyright law.

Copyright & Usage

All rights, including title and copyright shall be retained by the Michael Mathias. You may not alter or add to or manipulate a picture by means of computer or any other technique or reproduce a picture in whole or in part as an element within, or as a montage with, another picture without our written permission.

All photographs in this website are copyright. No photograph or any part thereof may be reproduced in any material form including copying, photocopying, or storing in any medium by electronic means or otherwise (and whether or not transiently or incidentally to some other use of the photograph) except with the express permission of Michael Mathias. The photographs may not be used for editorial, advertising or promotional purposes except in circumstances where the prior written consent of the Michael Mathias has been obtained. Such consent will only be forthcoming from us on the understanding that the user has obtained all necessary consents and permissions of third parties to the use of such photographs for advertising or promotional purposes.

No releases of any type exist for the subjects depicted in these photographs.

In the event of a client using such photographs without obtaining the appropriate or necessary consents the client hereby agrees to indemnify us, his servants or agents, in respect of all claims made by third parties in respect of such unauthorised use including any alleged losses arising from the unauthorised use of such photographs. The client also agrees to compensate us in respect of all loss and damage arising from such unauthorised usage.

Exclusivity

We retain the right in all cases to use photographs in any manner at any time and in any part of the world.

Client Confidentiality

We will keep confidential and will not disclose to any third parties or make use of material or information communicated to us in confidence for the purposes of the photography, save as may be reasonably necessary to enable us to carry out any obligations.


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