TERMS & CONDITIONS
By visiting www.jenallison.ca, you are consenting to our terms & conditions policy.
The terms “we”, “us”, “our”, and “Jen Allison Photography” refers to Jen Allison Photography. The term the “Site” refers to jenallison.ca. The term “user”, “you”, and “your” refers to site visitors, customers and any other users of the site.
Jen Allison Photography provides a website where users can view photos, read blog posts and newsletter updates and a service where users may purchase photography sessions (the “Service”).
Use of jenallison.ca including all materials presented herein and all online services provided by Jen Allison Photography is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service and/or ordering a product from the Site, you agree to these Terms and Conditions, without modification and acknowledge reading them.
In order to use the Service, you may be required to provide information about yourself, including your name, email address, username and password and other personal information. You agree that any registration information you give to Jen Allison Photography will always be accurate, correct and up-to-date. You must not impersonate someone else or provide account information or an email address other than your own.
You may use the Site for lawful purposes only. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commerical purposes only.
You shall not post or transmit through the Site any material which violates or infringes on the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes or instructions which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
We will email a recipt to confirm the placement of your order and with details concerning product or service delivery. In the event that there’s an error in this email confirmation, it is your responsibility to inform us as soon as possible. If you have submitted a deposit or a payment in full for a service, Jen Allison Photography had the exclusive right to deny service if deemed necessary. If service is denied, a refund will be provided in full.
We endeavour to describe and display the Service as accurately as possible. While we try to be as clear as possible in the explaining the Service, please do not accept that the Site is entirely accurate, current or error-free. We reserve the right to refuse or cancel any order with an incorrect price listing.
OUR INTELLECTUAL PROPERTY
All content provided on the Site and in the Service including all photos, blog posts and newsletters are the intellectual property of Jen Allison Photography. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform or in any way exploit in any format whatsoever any of the content of the Site or Service in whole or in part without our prior written consent. You may not remove any trademark, copyright or other notice from the content of the Site or the Service. We reserve the right to immediately remove you from the Service, without refund, and to pursue all available legal remedies against you if you are caught violating this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary or any other damages arising out of your use of the Site or Service. Additionally, Jen Allison Photography is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure (ii) loss of revenue, anticipated profits, business, savings, goodwill, or data and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
The foregoing applies even if Jen Allison Photography has been advised of the possibility of or could have foreseen the damages. In those areas that do not allow for the exclusion of limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Jen Allison Photography’ cumulative liability to you exceed the total purchase price of the Service you have purchased from Jen Allison Photography and if no purchase has been made by you Jen Allison Photography’ cumulative liability to you shall not exceed $100 CAD.
You shall indemnify and hold us harmless against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses as well as third party claims and causes of action, including and without limitation to attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions or any use by you of the Site and Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreements are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
No waiver of any of the provisions of this Agreement by Jen Allison Photography shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Jen Allison Photography.
All notices, requests, demands, and other communication under this Agreement shall be in writing and properly addressed as follows:
Jen Allison Photography
105 Drayton Ave,
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with and governed by, the laws of the Province of Ontario as applied to contracts that are performed entirely in Ontario. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Toronto, Ontario. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted according to the then current mediation procedures of the CPR Institute for Conflict Prevention and Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy including litigation, arbitration or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub licensable or otherwise transferable by you. And transfer, assignment, delegation, or sub license by you in invalid.
Updated May 2018