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IMPORTANT INFORMATION – carefully read these terms and conditions before using this site as they contain a dispute resolution clause that may impact your rights about how to resolve disputes.
These Terms and Conditions (“the terms and conditions”) govern the use of the website www.barbaraanne.ca (the “Site”) and are a legal agreement between you (the “user”) and Barbara Anne Photography and govern your use of products obtained by purchase through this site. Use of the words “you” and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refer to Barbara Dobbyn doing business as Barbara Anne Photography.
Understand that by using the site, any products or services for which you tender payment or otherwise obtain through the site, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.
WHAT WE DO
Barbara Anne Photography and the Site are a resource through which you may obtain portrait photography services and products.
INTELLECTUAL PROPERTY LICENSE
All content published and made available on the Site is the property of Barbara Anne Photography and the Site’s creators. This includes but is not limited to images, text, logos, documents, and anything that contributes to the creation of the Site.
LIMITATION OF LIABILITY
Except as prohibited by law, Barbara Anne Photography, Barbara Dobbyn, directors, officers, agents, employees, subsidiaries, affiliates, relatives and their related estates shall not be liable to you or to any other person or entity for any actions, claims, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses including legal fees and related expenses of litigation and arbitration arising out of your use of the Site.
Except as prohibited by law, by using this Site you hold harmless Barbara Anne Photography, Barbara Dobbyn and any directors, officers, agents, employees, subsidiaries, and affiliates relatives or related estates from any actions, claims, losses, damages, liabilities and expenses to the extent there is liability found to Barbara Anne Photography, and such recovery is limited to the amount you paid for materials, products and services.
These terms shall be construed in accordance with, and governed in all respects by, the laws of the Province of British Columbia. Any dispute between the parties concerning this agreement shall be subject to the exclusive jurisdiction of the provincial and/or federal courts for the city of Nanaimo, British Columbia, Canada.
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable law, those provisions will be deemed void and will be removed from the terms and conditions. All other provisions will not be affected by the removal and the rest of the terms and conditions will still considered valid.
You acknowledge that all products and materials purchased are non-refundable and not returnable, under any circumstances. All sales are final.
Subject to any exceptions specified in these terms and conditions, if you and Barbara Anne Photography are unable to resolve any dispute through informal discussion, then you and Barbara Anne Photography agree to submit the issue before a mediator. The decision of the mediator will not be binding. Any mediator must be a neutral party acceptable to both you and Barbara Anne Photography.
Notwithstanding any other provision in these terms and conditions, you and Barbara Anne Photography agree that you both retain the right to bring action in small claims court and to bring an action for intellectual property infringement.
CONSENT TO CONTACT USER
CHANGES AND UPDATES
Barbara Anne Photography reserves the right to change or modify these terms at any time without notice to you. It is your responsibility to review these terms prior to use and periodically throughout your use of Barbara Anne Photography products, materials and services.
These Terms and Conditions are Effective November 8, 2021
Any questions regarding the above terms and conditions may be directed to:
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