​
Terms of Use
By Using My Site You Accept These Terms and Conditions
Please read these Terms and Conditions carefully and ensure that you understand them before using My Site. These Terms and Conditions, together with any other documents referred to herein (unless otherwise stated), set out the terms of use governing your use of this website, wildkindphotography.com (“My Site”). It is recommended that you print a copy of these Terms and Conditions for your future reference.
These Terms and Conditions were last updated on 21 August 2023.
Your agreement to comply with these Terms and Conditions is indicated by your use of My Site. If you do not agree to these Terms and Conditions, you must stop using My Site immediately.
The following documents also apply to your use of My Site:
• My Privacy Policy.
• My Cookie Policy.
​
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Contact Tools” means any online communications facility that I make available on My Site enabling you to contact Me including, but not limited to, contact forms and live chat;
​
“Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, My Site; and
“I/Me/My” means Wild Kind Photography.
2. Information About Me
My Site is operated by Wild Kind Photography, a sole trader registered in England.
Registered address: 17 Halsall Court, Ormskirk, Lancashire, L39 3PU.
Representative: Kayleigh King.
Email address: hello@wildkindphotography.com.
Telephone number: 07383828141.
Postal address: 5A St. James Road, New Brighton, Wallasey CH45 9LR.
​
3. How to Contact Me and Your Use of My Contact Tools
3.1 To contact Me by email, please email Me at hello@wildkindphotography.com or to contact Me by telephone, please call Me on 07383828141.
3.2 I provide the following Contact Tools for you to contact Me:
3.3 When using My Contact Tools or contacting Me by any other means, the following rules apply, and you must not communicate, submit, or otherwise do anything that:
a) is sexually explicit;
b) in any way sexualises minors (including, but not limited to, child sexual abuse material);
c) is obscene, deliberately offensive, hateful, or otherwise inflammatory;
d) promotes violence;
e) promotes, encourages, incites, or supports acts of terrorism;
f) promotes or assists in any form of unlawful activity;
g) is defamatory of another person;
h) bullies, insults, intimidates, or humiliates another person;
i) discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; nationality; gender; gender identity; sexual
orientation; religious or philosophical beliefs; disability; or age;
j) is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
k) is calculated or otherwise likely to deceive;
l) is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal information in a way that you do not have a right to;
m) misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not breach any of the
other content standards in this Part 3);
n) implies any form of affiliation with Me or any other party where there is none;
o) infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, designs, patents, trade marks, and database rights) belonging to Me or any other party;
p) is in breach of any legal duty owed to another party including, but not limited to, contractual duties and duties of confidence. OR
3.4 I may monitor any and all communications made using My Contact Tools.
3.5 Any personal information sent to Me, whether via My Contact Tools or otherwise (including, but not limited to, your name and contact details) will be collected, used, and held in accordance with your rights and My obligations under data protection law, as set out in My Privacy Policy.
​
4. Access to My Site
4.1 Access to My Site and Content is free of charge.
4.2 It is your responsibility to make the arrangements necessary in order to access MySite.
4.3 Access to My Site is provided on an “as is” and on an “as available” basis. I may suspend or discontinue My Site (or any part of it) at any time. I do not guarantee that My Site will always be available or that access to it will be uninterrupted.
​
5. Changes to My Site
I may alter and update My Site (or any part of it) at any time.
​
6. Changes to these Terms and Conditions
​
6.1 I may alter these Terms and Conditions at any time. If I do so, details of the changes will be highlighted at the top of this page. As explained above, your use of My Site constitutes your acceptance of these Terms and Conditions. Consequently, any changes made to these Terms and Conditions will apply to your use of My Site the first time you use it after the changes have been implemented. You are therefore advised to check this page every time you use My Site.
6.2 If any part of the current version of these Terms and Conditions conflicts with any previous version(s), the current version shall prevail unless I explicitly state otherwise.
​
7. How You May Use My Site and Content (Intellectual Property Rights)
​
7.1 All Content included on My Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Me, unless specifically labelled otherwise. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
7.2 You may access, view, and use My Site in a web browser (including any web browsing capability built into other types of software or app) and you may download My Site (or any part of it) for caching (this usually occurs automatically).
7.3 You may print copies and download extracts of any page(s) from My Site for personal use.
7.4 You may download and save any Content from My Site where I clearly indicate that it is available for download.
7.5 You may not use any Content (including, but not limited to that which you have saved or downloaded) from My Site for commercial purposes without first obtaining a licence from Me (or My licensors, as applicable). This does not prevent the normal access, viewing, and use of My Site for general information purposes by business users or consumers.
7.6 You may not systematically copy, save, or download Content from My Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database without My express written permission.
7.7 Unless expressly stated in these Terms and Conditions or on My Site, you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from My Site without My express written permission. For further information about the re-use of Content from My Site, please Contact Me using the details provided above in Part 3.
7.8 My status as the owner and author of the Content on My Site (or that of identified licensors, as applicable) must always be acknowledged.
7.9 If you wish to use any Content from My Site in any way that is not permitted under these Terms and Conditions, or if you have any other questions relating to the use of Content from My Site, please contact Me using the details provided above in Part 3.
​
8. Links to My Site
​
8.1 You may link to any page on My Site.
8.2 Links to My Site must be fair and lawful. You must not take unfair advantage of My reputation or attempt to damage My reputation.
8.3 You must not link to My Site in a manner that suggests any association with Me (where there is none) or any endorsement or approval from Me (where there is none).
8.4 Your link should not use any logos or trade marks displayed on My Site without My express written permission.
8.5 You must not frame or embed My Site on another website without My express written permission.
8.6 You may not link to My Site from another website the main content of which is unlawful; obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that I deem to be otherwise objectionable.
​
9. Links to Other Sites
​
9.1 Links to other websites may be included on My Site. Unless expressly stated, these sites are not under My control. I accept no responsibility or liability for the content of third-party websites.
9.2 The inclusion of a link to another website on My Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.
​
10. Advertising
​
I may feature advertising on My Site. I are not responsible for the content of any advertising on My Site including, but not limited to any errors, inaccuracies, or omissions in such advertising. Each advertiser is responsible for the content of their own advertising material. For further information about advertising, please refer to the advertiser's site.
​
11. Disclaimers​
​
11.1 Nothing on My Site constitutes professional advice on which you should rely. It is provided for general information purposes only.
11.2 The opinions, views, and values expressed on Content on My Site are those of the authors of that Content and do not represent My opinions, views, or values.
11.3 To the extent permitted by law, I make reasonable efforts to ensure that the Content on My Site is complete, accurate, and up to date, but I make no warranties, representations, or guarantees (express or implied) that this will always be the case.
11.4 If you are a business user, I exclude all implied representations, warranties, conditions, and other terms that may apply to My Site and Content.
​
12. My Liability​
​
12.1 Nothing in these Terms and Conditions excludes or restricts My liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.
12.2 If you are a business user (i.e. you are using My Site in the course of business or for commercial purposes), to the fullest extent permissible by law, I accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) My Site or the use of or reliance upon any Content iincluded on My Site.
12.3 If you are a business user, I accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
12.4 If you are a consumer, you agree that [you will not use My Site for any commercial or business purposes and that I shall have no liability to you for any business losses as set out above.
​
13. Viruses, Malware, and Security
​
13.1 I exercise reasonable skill and care to ensure that My Site is secure and free from viruses and malware; however, I do not guarantee that this is the case.
13.2 You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
13.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via My Site.
13.4 You must not attempt to gain unauthorised access to any part of My Site, the server on which My Site is stored, or any other server, computer, or database connected to My Site.
13.5 You must not attack My Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
13.6 By breaching the provisions of Parts 13.3 to 13.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and I will cooperate fully with those authorities by disclosing your identity to them. Your right to use My Site will cease immediately in the event of such a breach.
​
14. Acceptable Usage of My Site
​
14.1 You may only use My Site in a lawful manner:
​
a) You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
b) You must not use My Site in any way, or for any purpose, that is unlawful or fraudulent; and
c) You must not use My Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.
14.2 If you fail to comply with the provisions of this Part 14, you will be in breach of these Terms and Conditions. I may take one or more of the following actions in response:
a) Suspend or terminate your right to use My Site;
b) Issue you with a written warning;
c) Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
d) Take further legal action against you, as appropriate;
e) Disclose such information to law enforcement authorities as required or as I deem reasonably necessary; and/or
f) Any other actions which I deem reasonably appropriate (and lawful).
14.3 I hereby exclude any and all liability arising out of any actions that I may take (including, but not limited to those set out above in Part 14.2) in response to your breach.
​
15. How I Use Your Personal Information
​
I will only use your personal information as set out in My Privacy Policy and My Cookie Policy.
​
16. Communications from Me
​
16.1 If I have your contact details, I may send you important notices by email from time to time. Such notices may relate to matters including, but not limited to, changes to My Site or to these Terms and Conditions.
16.2 If you have made a purchase or inquired about our products or services, I may send you marketing communications related to similar products or services. This is in line with the "soft opt-in" rule under the Privacy and Electronic Communications Regulations (PECR). You can opt out of these communications at any time by clicking the "unsubscribe" link in any email or by contacting me directly. If you opt out of emails from Me, it may take up to 7 for your request to take effect and you may continue to receive emails during that time.
16.3 For questions or complaints about communications from Me, please contact Me using the details above in Part 3.
​
17. Law and Jurisdiction
​
17.1 These Terms and Conditions, and the relationship between you and Me (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
17.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 17.1 takes away from or reduces your legal rights as a consumer.
17.3 If you are a consumer, any dispute, controversy, proceedings, or claim between you and Me relating to these Terms and Conditions or to the relationship between you and Me (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
17.4 If you are a business user, any dispute, controversy, proceedings, or claim between you and Me relating to these Terms and Conditions or to the relationship between you and Me (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.