TERMS AND CONDITIONS OF MEMBERSHIP AND /OR USE OF THIS SITE
Last updated: 19/05/2018
"You" means the member and/or user of this Site and other Guild run facilities. "The Guild", "we", "us" and "our" means The Guild of Professional Photographers Ltd which trades as the Guild of Photographers. "Site" means the Guild of Photographers related site on the World Wide Web located at www.photoguild.co.uk. "Content" means the information and other material available within the Site.
By joining the Guild, you agree to these terms and conditions. If you do not agree with these terms and conditions then you need to inform us immediately, cease your membership and not utilise this Site.
- Benefits of membership may change during the period of membership.
- Members must keep their email, phone and postal address contact details up to date on their profile, and notify us of any changes.
- The Guild accepts no responsibility for the actions of its members.
- The Guild agrees to act as mediator between members and their clients if required, but takes no responsibility for the actions of either party or the outcome of any mediation.
- Complaints by members' clients will be monitored and may lead to expulsion from the Guild if deemed to be detrimental to the overall image of the Guild and/or its members. The balance of any pre-paid fees, less £25 + VAT (£30) to cover administration costs and the value of any joining benefits, will be refunded in such a case.
- The Guild reserves the right to terminate membership where it believes it is appropriate to take this action. No reason needs to be given. The balance of any pre-paid fees, less £25 + VAT (£30) to cover administration costs and the value of any joining benefits, will be refunded in such a case.
- Any suggestions, advice or information given to members is given in good faith, however, the Guild is not accountable for the results following any such suggestions, advice or information.
- Membership shall be seen as a 12 month contract effective from the date of application and the fees for that 12 month period will be due at the appropriate overall cost determined by selected payment method at the time of joining.
- In accordance with the Consumer Contracts Regulations 2013 there is a 14 day cooling off period after joining the Guild. No use of any downloads can be used until that point without waiving that right. Consumers will not have a right to cancel once a download has started.
- A new 12 month membership contract shall be deemed to have commenced on each anniversary of the joining date and the fees for that 12 month period will be due at the appropriate overall cost determined by selected payment method at the time the renewal is undertaken. In most instances the renewal will be automatic with payment made in accordance with the Direct Debit set up by the member.
- A member may cancel their membership contract with the 'Guild' at any point prior to their contracted renewal date or up to 14 days thereafter. Cancellation is subject to a 12 months contractual term of membership as referred to in Rule 1 above. Such notice must be in made via the Membership Cancellation Form on a members personal profile, and shall not be deemed to have been received unless acknowledged by an email from the Guild, with the effective date for membership cancellation being the date the Guild acknowledgement email is sent. No refunds will be given for any membership pre-payment that has been made and the withdrawing member will be liable for any unsatisfied dues or commitments towards the 'Guild' in the remaining part of their 12 month contractual period, unless otherwise agreed in writing (the latter being subject to an administration fee of £25 + VAT).
- Non payment of any contracted obligations can affect your credit rating, so should a member not be in a position to make a payment at a due date they should contact the Guild ideally in advance, and we will try to assist. Should a member not make a payment at a due date, the Guild will attempt to contact the member. If no payment to rectify the arrears is received within 28 days, the Guild has the right to pass the matter over to a Debt Collection Agency to follow up. An administration fee of £25 + VAT will be added to the outstanding amount at this point to cover the associated administration costs. Any additional costs incurred thereafter as a result of the debt collection process and court costs if applicable will also be the liability of the member.
- When membership of the association is purchased it is accepted that the benefits of membership may change during the period of membership acquired. Whilst every effort will be made to maintain or enhance them none are guaranteed as they are constantly subject of review, plus circumstances sometimes change beyond the control of the Guild. Benefits may therefore be added or removed at any time and any imposed charges for services can be varied at any point as deemed necessary by the Guild.
- The Guild's Membership levels are subject to review and dip-sampling. With justification a membership level may be withdrawn and will expire on leaving the Guild because the monitoring cannot continue.
- Resigning members shall also forfeit all other benefits and interest in the 'Guild' with effect from their withdrawal date (eg logos cannot be used, membership certificates must not be displayed, and use of 'Pro' Membership services and the Discount scheme must cease). Membership misrepresentations and use of services to which one is not entitled could be in breach of the law.
- Every member shall at all times behave in such a manner befitting his professional status and the reputation of the 'Guild'
- Every member shall exercise professionalism, care and diligence in the discharge of duties for clients and will fulfil the obligations of any contracts agreed with them, other than subject to matters outside their control.
- All members who are in business as a photographer and have achieved 'Qualified' status or higher must maintain Professional Indemnity and Public Liability Insurance.
- A member will not lay claim to any membership level, award or distinction that has not been properly achieved.
- A member may only use the Logos of the 'Guild', which they subscribe to and are qualified for. If using the Logo/s on a web site then a hyperlink to the 'Guild' website(s) must be created.
- Membership of Guild led social media groups is optional and not a right of membership. It can be with withdrawn by the Guild without impact on your contracted Guild membership rights.
- Photographic competitions are open to all members unless otherwise stated. The entrant acknowledges that their entered image may be utilised by the Guild or it's Directors without charge for promotional or use or in online or printed publications/books of any type including commercial products. It is the responsibility of the entrant to ensure that any submitted images have all relevant consent to be utilised in these ways.
- Members agree to receive occasional updates via email
- All members agree to abide by the Guild's rules and Code of Conduct.
All fees payable by you for membership of the Guild or any associated Services shall be in accordance with the rates published on our web site, errors and omissions excepted, and shall be due and payable for provision of membership or Services in advance of any Fixed Contract Period. We reserve the right to alter the prices and/or pricing structure, including ceasing to offer elements of the current Guild Services. By continuing to access or use the Services after alterations to the Pricing Structure become effective by being posted on our website, you agree to be bound by the revised Pricing Structure. If you do not agree to the new Pricing Structure, you can then notify us that you want to discontinue use of the Services, subject to any contracted terms. You are strongly advised to monitor our website for any alterations of the Pricing Structure.
RIGHTS GRANTED/RIGHTS RESERVED
The Content of this site is for your personal use only, and you may download the Content onto only one computer hard drive. You agree not to (and agree not to assist or facilitate any third party to) copy, distribute, transmit, reproduce, publish, commercially exploit or create derivative works from the Content.
AVAILABILITY OF THE WEBSITE
You acknowledge that it is technically impossible to provide the Site free of faults 100% of the time and that we do not undertake to do so; that faults may lead to the temporary unavailability of the Site; and that the operation of the Site may be adversely affected by conditions and performances outside our control, including, (without limitation), transmission and telecommunications links between us and you and between us and other systems and networks. We and/or our suppliers may make improvements and/or changes in the Site at any time.
The Site and the Content is provided on an "as is" and "as available" basis and we make no warranties or representations, whether expressed or implied, in relation to the Site or the Content, including but not limited to implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose. You further acknowledge that some of the Content is supplied to us (directly and indirectly) by third parties and accordingly we can offer no warranty of whatever nature in relation to such Content.
In no event (except for death and personal injury arising from our negligence) shall we be liable for any loss or damage whatsoever arising directly or indirectly from or in any way connected with the Site or your use of or reliance upon the Content or any information you obtain by means of the Site whether based on contract, tort, negligence, statutory duty or otherwise, even if we or any of our suppliers has been advised of the possibility of such loss or damage.
In no event shall we be liable for any personal costs or bank charges incurred if a payment is collected in accordance with a Direct Debit or other method arranged or given consent for by a member.
Your statutory rights in relation to any goods or services purchased through the Site are not affected.
LINKS TO THIRD-PARTY SITES
This Site contains hyperlinks to other web sites. You acknowledge and agree that we are not responsible for the availability of such external sites, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites. You agree and acknowledge that you are solely responsible for evaluating any goods or services offered by us or third parties via the Site and that we will not be a party to or in any way responsible for any transactions between you and third parties.
You acknowledge that all copyright, trademarks and all other intellectual property rights in the Content shall remain vested in us or our licensor's.
You are responsible for the security and proper use of all user names and passwords used from time to time in connection with the Site and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised people.
You must immediately inform us if there is any reason to believe that a user name or password has or is likely to become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way.
If you forget or lose a password or user name you must contact us and satisfy such security checks as we may operate.
We reserve the right to suspend user name and password access to the Site and the Services if at any time we consider that there is or is likely to be a breach of security.
We reserve the right (in our sole discretion) to require you to change any or all of the passwords used by you in connection with the immediate Site.
You must inform us of any changes to the information you supplied when registering for the Site.
PURCHASE OF GOODS OR SERVICES FROM THIRD PARTIES
We will use our reasonable endeavours to indicate whether goods or services which are advertised on the Site are being offered for sale by us or by a third party.
You agree and acknowledge that you are solely responsible for evaluating Third Party Goods. You acknowledge any bookings or purchases of Third Party Goods made by you through the Site or Guild shall be subject to terms and conditions of the third party supplying the goods and/or services concerned and that we will not be a party to or any way responsible for or liable to you in respect of any transactions between you and third parties.
We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party.
- Please ensure that you own the rights to the pictures you submit for reproduction and that you have obtained any relevant permission to use them in this way.
- Regrettably, we will be unable to reproduce photographs for which you have not obtained the relevant consents.
- You agree and undertake with Guild of Photographers that you are the owner of the copyright in, or have authority to use, any material that you send to us for reproduction. We accept no responsibility with regard to this.
These terms and conditions are governed by the laws of the country you are working in, and you hereby consent to the exclusive jurisdiction of the English courts.
Each provision of these terms and conditions excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision
The Guild of Photographers is the Trading name of the 'Guild of Professional Photographers Ltd. Registered in England. Registered Office - 76 Moorland Road, Burslem, Stoke On Trent, Staffs ST6 1DY
Company Registration Number 06997478. Vat Reg'd Number 176091109