top of page

Terms & Conditions

Terms and Conditions
These terms and conditions (the "Terms and Conditions") govern the use of www.jsewellphotography.com (the "Site"').

This Site is owned and operated by J Sewell Photography. This Site contains a list of photographic services, photography portfolios, online booking system, account creation, and an online shop. By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
Intellectual Property
All content published and made available on our Site is the property of J Sewell Photography and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Age Restrictions
The minimum age to book services and view certain content on our Site is 18 years old. By using this Site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

  • Harass or mistreat other users of our Site;

  • Violate the rights of other users of our Site;

  • Violate the intellectual property rights of the Site owners or any third party to the Site;

  • Hack into the account of another user of the Site;

  • Act in any way that could be considered fraudulent;

  • Post any material that may be deemed inappropriate or offensive;

  • Using content on the site for inappropriate or offensive activities;

  • Transmit computer viruses that could affect other users; or

  • Reselling of purchased products.

​ ​If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
Accounts
When you create an account on our Site, you agree to the following:
1.   You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
2.   All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Sale of Goods And Services
These Terms and Conditions govern the sale of goods and services available on our Site. T
he following goods are available on our Site:

  • Framed Photographs.

The following services are available on our Site:

  • Photographic.

The services will be paid in two or more instalments consisting of a one time non-refundable booking deposit once the booking request is approved, and the remaining balance is due no later than the day of the service.
These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Payments
We accept the following payment methods on our Site:

  • Credit Card;

  • Debit; and

  • E-Transfer.

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following methods:

  • International - Flat Rate (Standard) (3-4 business days after fulfillment);

  • Domestic & International - Express (1-3 business days after fulfillment);

  • Domestic - Overnight (1 business day after fulfillment); or

  • Standard DDP (3-5 business days after fulfillment) - Canada only.

Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforseen circumstances. Please note that delivery times do not include weekends and statutory holidays.
You will be required to pay delivery charges in addition to the price for the goods you purchase.
If you purchase goods from us for delivery to a destination outside Canada your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
Consumer Protection Law
Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Limitation of Liability
J Sewell Photography and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless J Sewell Photography and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the Province of Ontario, Canada.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

 

These Terms and Conditions are Effective as of: October 5th, 2022

Privacy Policy

Effective Date: October 5th, 2022
Privacy Policy
Type of website: Photographic services, portfolio, account creation, online booking system, and an online shop.
Effective date: 5th day of October, 2022
www.jsewellphotography.com (the "Site") is owned and operated by J Sewell Photography. J Sewell Photography can be contacted at: jsewellphotography@outlook.com
Purpose
The purpose of this privacy policy (this "Privacy Policy") is to inform users of our Site of the following:
1.   The personal data we will collect;
2.   Use of data collected;
3.   Wh0 has access to the data collected;
4.   The rights of Site users; and
5.   The Site's cookie policy
This Privacy Policy applies in addition to the terms and conditions of our Site.
Consent
By using our Site users agree that they consent to:
1.   The conditions set out in this Privacy Policy; and
2.   The collection, use, and retention of the data listed in this Privacy Policy.
Personal Data We Collect
We only collect data that helps us achieve the purpose set out in this Privacy Policy. We will not collect any additional data beyond the data listed below without notifying you first.
Data Collected in a Non-Automatic Way
We may also collect the following data when you perform certain functions on our Site:
1.   First and last name;
2.   Age;
3.   Date of birth;
4.   Email address;
5.   Phone number;
6.   Address;
7.   Payment information;
8.   Preferred pronouns.
This data may be collected using the following methods:
1. Creating an account; and
2. Making a purchase from the Shop.
How We Use Personal Data
Data collected on our Site will only be used for the purposes specified in this Privacy Policy or indicated on the relevant pages of our Site. We will not use your data beyond what we disclose in this Privacy Policy.
The data we collect when the user performs certain functions may be used for the following purposes:
1.   For client documentation for offered services;
2.   Communication between client and business; and
3.   For physical product purchase tracking.
Who We Share Personal Data With
Employees
We may disclose user data to any member of our organization who reasonably needs access to user data to achieve the purposes set out in this Privacy Policy. ​For example: Secondary photographers or other assistants hired by us for a job, who will also be required to sign a confidentiality agreement as well as having to review this same Privacy Policy & Terms and Conditions. 
Third Parties
We may share user data with the following third parties:
1.   Printful (That we are partnered with to fulfill your framed print orders)
2.   Studio rentals (If we are required to provide proof of clients/models that will be in their space)
We may share the following user data with third parties:
1.   Full name;
2.   Address;
3.   Email Address; and
4.   Phone Number.
We may share user data with third parties for the following purposes:
1.   Product order tracking and shipping.
Third parties will not be able to access user data beyond what is reasonably necessary to achieve the given purpose.
Other Disclosures
We will not sell or share your data with other third parties, except in the following cases:
1.   If the law requires it;
2.   If it is required for any legal proceeding;
3.   To prove or protect our legal rights; and
4.   To buyers or potential buyers of this company in the event that we seek to sell the company.
If you follow hyperlinks from our Site to another Site, please note that we are not responsible for and have no control over their privacy policies and practices.
How Long We Store Personal Data
User data will be stored until the purpose the data was collected for has been achieved.
You will be notified if your data is kept for longer than this period.
How We Protect Your Personal Data
In order to protect your security, we use one of the strongest and most reliable website hosting services available to ensure the utmost protection. This website contains the strongest browser and payment security encryptions that store all of your data on servers in secure facilities.
While we take all reasonable precautions to ensure that user data is secure and that users are protected, there always remains the risk of harm. The Internet as a whole can be insecure at times and therefore we are unable to guarantee the security of user data beyond what is reasonably practical.
Children
The minimum age to use our website is 18 years of age. We do not knowingly collect or use personal data from children under 18 years of age. If we learn that we have collected personal data from a child under 18 years of age, the personal data will be deleted as soon as possible.
How to Access, Modify, Delete, or Challenge the Data Collected
If you would like to know if we have collected your personal data, how we have used your personal data, if we have disclosed your personal data and to who we disclosed your personal data, or if you would like your data to be deleted or modified in any way, please contact us via email or Contact form on the mentioned Site.
Do Not Track Notice
Do Not Track ("DNT") is a privacy preference that you can set in certain web browsers. We do not track the users of our Site over time and across third party websites and therefore do not respond to browser-initiated DNT signals. We are not responsible for and cannot guarantee how any third parties who interact with our Site and your data will respond to DNT signals.
Cookie Policy
A cookie is a small file, stored on a user's hard drive by a website. Its purpose is to collect data relating to the user's browsing habits. You can choose to be notified each time a cookie is transmitted. You can also choose to disable cookies entirely in your internet browser, but this may decrease the quality of your user experience. We use the following types of cookies on our Site:
1.   Third-Party Cookies
Third-party cookies are created by a website other than ours. We may use third-party cookies to achieve the following purposes;
a.   We use cookies on our website to see how you interact with it and to help provide you with the best viewing experience.
Modifications
This Privacy Policy may be amended from time to time in order to maintain compliance with the law and to reflect any changes to our data collection process. When we amend this Privacy Policy we will update the "Effective Date" at the top of this Privacy Policy. We recommend that our users periodically review our Privacy Policy to ensure that they are notified of any updates. If necessary, we may notify users by email of changes to this Privacy Policy.

bottom of page