DEFINITIONS

"You" means the member and/or user of the Site. "The Guild", "we", "us" and "our" means The Guild of Professional Photographers 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.

GENERAL INFORMATION

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 and cease your membership and not utilse this Site.

  1. Benefits of membership may change during the period of membership.
  2. Members must keep their email, phone and postal address contact details up to date on their profile, and notify us of any changes.
  3. The Guild accepts no responsibility for the actions of its members.
  4. 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.
  5. 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 £35 to cover administration costs and the value of any joining benefits, will be refunded in such a case.
  6. 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 £35 to cover administration costs and the value of any joining benefits, will be refunded in such a case.
  7. 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.

RIGHTS GRANTED/RIGHTS RESERVED

The Content of the 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.

NO WARRANTY

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.

MEMBERSHIP

  1. 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.
  2. 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.
  3. 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.
  4. A member may cancel their membership contract with the 'Guild' by giving at least 1 month's clear notice in writing, and subject to the 12 months contractual term of membership referred to in Rule 1 above. Such notice shall not be deemed to have been received unless posted and 'signed for' on delivery or acknowledged by an email from the Guild, with the effective date for membership cancellation being the 'signed for' date or 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 the 12 month contractual period, unless otherwise agreed in writing (the latter being subject to an an administration fee of £35 to cover associated costs). If a member cancels their contract in the month after their renewal date any monies paid will be refunded minus an administration fee of £35 to cover associated costs.
  5. 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 by various means including sending notification to the member's email address as listed on the Guild's website by the member, and by post to the listed postal address. If no payment to rectify the arrears is received within 28 days, the Guild may pass the matter over to a Debt Collection Agency to follow up. A fee of £35 will be added to the outstanding amount at this point to cover associated administration costs and fees. Any additional costs incurred thereafter as a result of the debt collection process will also be the liability of the member.
  6. 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.
  7. 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.
  8. 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.
  9. Every member shall at all times behave in such a manner befitting his professional status and the reputation of the 'Guild'
  10. 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.
  11. All members who have achieved 'Qualified' status or higher must maintain Professional Indemnity and Public Liability Insurance.
  12. A member will not lay claim to any membership level, award or distinction that has not been properly achieved.
  13. 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.
  14. 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 use or in online or printed publications/books of any type. It is the responsibility of the entrant to ensure that any submitted images have all relevant consent to be utilised in these ways.
  15. Members agree to receive occasional updates via email
  16. All members agree to abide by the Guild's rules and Code of Conduct.

Fees

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. You are strongly advised to monitor our website for any alterations of the Pricing Structure.

LIABILITY

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.

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.

INTELLECTUAL PROPERTY

You acknowledge that all copyright, trademarks and all other intellectual property rights in the Content shall remain vested in us or our licensor's.

SECURITY

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. Goods are offered by a third party ("Third Party Goods") where:

(i) the Site contains a link to a third party site where you may choose to purchase any goods or services offered for sale on that site (whether or not such goods or services are advertised on the Site); or

(ii) you may make an enquiry with us regarding goods or services offered by any third party, we then pass that enquiry on to the relevant third party or you contact that third party yourself, and you may subsequently decide to purchase such goods or services.

Where you choose to purchase Third Party Goods, the contract governing such purchase shall be between you and the relevant third party and on the standard terms and conditions (if any) of such third party for the purchase of such goods or services.

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 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.

COPYRIGHT

  • 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.

MODIFICATIONS

We reserve the right to revise these Terms of Use from time to time and the most current version will always be posted on the Guild of Photographers website. By continuing to access or use the Services after revisions become effective, you agree to be bound by Terms of Use then prevailing. If you do not agree to the revised Terms of Use, please stop using the Services. It is your responsibility to check regularly to determine whether these terms and conditions have been changed.

GENERAL

These terms and conditions are governed by the laws of England 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.

MODIFICATIONS

We may revise these Terms of Use from time to time and the most current version will always be posted on the Guild of Photographers website. By continuing to access or use the Service after revisions become effective, you agree to be bound by Terms of Use then prevailing. If you do not agree to the revised Terms of Use, please stop using the Service.

GENERAL

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

These Terms constitute the entire and exclusive agreement between you and the Guild of Photographers with respect to the Service, and supersede and replace any other agreements, terms and conditions applicable to any agreement or Service. These Terms create no third party beneficiary rights. the Guild of Photographers failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of these Terms of Use will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms of Use, and any such attempt is void, but the Guild of Photographers and any partners may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Service. The Guild of Photographers and you are not legal partners or agents; instead, our relationship is that of independent contractors.



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