CONDITIONS OF USE
Welcome to our online store! Photo Hive Limited and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
When you visit Photo Hive Limited or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Photo Hive Limited or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Photo Hive Limited, with copyright authorship for this collection by Photo Hive Limited, and protected by international copyright laws.
LICENSE AND SITE ACCESS
Photo Hive Limited grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Photo Hive Limited. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Photo Hive Limited. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Photo Hive Limited and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Photo Hive Limiteds name or trademarks without the express written consent of Photo Hive Limited. Any unauthorized use terminates the permission or license granted by Photo Hive Limited. You are granted a limited, revocable, and non-exclusive right to create a hyper-link to the home page of Photo Hive Limited so long as the link does not portray Photo Hive Limited, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Photo Hive Limited logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Photo Hive Limited and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Photo Hive Limited reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Photo Hive Limited and its associates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Photo Hive Limited and its associates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Photo Hive Limited or its associates for all claims resulting from content you supply. Photo Hive Limited has the right but not the obligation to monitor and edit or remove any activity or content. Photo Hive Limited takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Photo Hive Limited are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Photo Hive Limited and its associates attempt to be as accurate as possible. However, Photo Hive Limited does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Photo Hive Limited itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY PHOTO HIVE LIMITED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PHOTO HIVE LIMITED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PHOTO HIVE LIMITED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PHOTO HIVE LIMITED DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM PHOTO HIVE LIMITED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PHOTO HIVE LIMITED WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting Photo Hive Limited, you agree that the laws of the state of New Zealand, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Photo Hive Limited or its associates.
Any dispute relating in any way to your visit to Photo Hive Limited or to products you purchase through Photo Hive Limited shall be submitted to confidential arbitration in New Zealand, except that, to the extent you have in any manner violated or threatened to violate Photo Hive Limiteds intellectual property rights, Photo Hive Limited may seek injunctive or other appropriate relief in any court in New Zealand, and you consent to exclusive jurisdiction and venue in such courts. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Photo Hive Limited. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
TERMS AND CONDITIONS OF PHOTO SHOOT
Note – The visitor to the site or the individual (whether representing an organisation or not) who orders an image shall be referred to as the Client.
1) APPLICABLE LAW
a) The laws of New Zealand shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.
b) In the event of any conflict between these terms and conditions (including those relating to the time of payment) and those issued or submitted by the Client and in the absence of any contrary agreement in writing these Terms and Conditions shall prevail.
2) BOOKING FEE
a) By booking with Photo Hive Limited you enter into a contract and have therefore agreed to abide by the terms and conditions.
b) This booking fee is not returnable except in the event of Photo Hive Limited cancelling the booking.
c) Booking fees taken for Newborn, Family, Baby & Kids, Couples and Personal Portrait Sessions, are non-refundable except in the event Photo Hive Limited cancels the booking. lf a booking is made online, and no suitable date can be arranged for the chosen session after consultation, then a refund will be given.
3) FULFILLMENT OF OBLIGATIONS
a) Photo Hive Limited shall not be liable to the Client for any failure, in whole or in part, to fulfill its obligations where failure arises as a result of an event or circumstances beyond its control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury.
b) The Client understands and accepts that the photographic coverage will be as Photo Hive Limited professional expertise determines. Special requests are not binding instructions although every effort is made to comply with the Client’s wishes.
c) In the unlikely event of total photographic failure or cancellation of the contract by either party or in any other circumstances the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential losses.
d) If Client fails to read the supplied PDF brochure, and therefore fails to carry out required preparations prior to their photo session, Photo Hive Limited will not be held responsible for any resulting reductions in quality or quantity of images supplied.
4) PRINTS. All images produced by Photo Hive Limited are done on a fully calibrated monitor, and all prints will be a true reflection of the editing carried out by Photo Hive Limited. Photo Hive Limited will not be held responsible for variances in images caused by clients viewing images on non calibrated screens or monitors. To ensure images are seen as intended it is advised that client views them at Photo Hive Limited studio.
a) Although Photo Hive Limited will do its best to produce more proofs than discussed with the Client there is no guarantee that any particular number of proofs will be produced.
6) ARTISTIC INPUT
a) Save as otherwise agreed between the Client and Photo Hive Limited, Photo Hive Limited shall be entitled to use its judgement regarding the style and artistic input in the production of pictures. This includes but is not limited to locations, poses and number of images taken. Due to the vagaries of weather and the willingness of subjects it may not be possible to capture all the pictures requested, or images to the clients full expectations. In the event of un co-operative children at a session of any kind, for any reason, Photo Hive Limited may not be able to capture any, or all the images the Client may have requested or expected. The Client is responsible for all children at all sessions.
b) Photo Hive Limited fully edits all images before presenting to Client. Additional edits are carried out at the discretion of Photo Hive Limited, and Photo Hive Limited reserves the right to charge the Client for additional editing to cover time involved, at a rate of $20 per image. Any additional edit requests MUST be raised by Client at the proofing stage. Requests not raised at proofing stage will not be considered once products have been ordered.
7) COPYRIGHT & REPRODUCTION
a) Copyright is retained by Photo Hive Limited at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of Photo Hive Limited. This includes saving, screen grabbing and downloading from Facebook or other social media.
b) The Client may not alter or add to or manipulate a picture by means of computer or any other technique or reproduce a picture in whole or in part as an element within, or as a montage with, another picture without Photo Hive Limited written permission.
c) Permission to reproduce a picture is granted to the Client by Photo Hive Limited only when a fee for the reproduction has been agreed with Photo Hive Limited and an invoice has been issued by Photo Hive Limited and paid in full by the Client to Photo Hive Limited.
d) In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to Photo Hive Limited an unauthorised use fee of $250 per image, or double the standard reproduction fee for the use concerned, whichever is the greater.
e) The right to reproduce a picture granted by Photo Hive Limited is personal to the Client and may not be assigned to any third party without Photo Hive Limited prior written consent.
f) The Client will fully indemnify Photo Hive Limited against any unauthorised reproduction of a picture submitted to the Client made by any third party as a result of or arising out of any breach by the Client of any of these terms and conditions (including but not by way of limitation the Client allowing a picture or a copy thereof to come into the possession of a third party without Photo Hive Limited prior written consent).
a) While Photo Hive Limited has taken reasonable care to correctly identify, caption and orientate the pictures, it does not accept any liability for loss or damage incurred by the Client or any third party caused by any errors.
9) RECEIPT OF PICTURES
a) The pictures are presumed to have been received in good condition unless the Client notifies Photo Hive Limited in writing of any discrepancy or error within 14 days of receipt.
10) COOLING OFF PERIOD
a) Because the supply of the photographs has been made to the Client’s personal specification, (i.e. image number, print size, frame style, etc.), the Client does not have the right to a cooling off period.
b) By placing an order with Photo Hive Limited you are committing to buy the ordered products.
11) RETURNS POLICY
a) Incorrectly supplied items and items of poor quality can be returned and will be replaced at no extra charge to the Client.
b) Faulty items should be posted to Photo Hive Limited, 10/3 Tironui Station Rd West, Auckland 2112. The Client is responsible for any costs associated with return postage.
c) Returns will not be considered for incorrectly ordered items or items ordered in error.
d) No return, exchange or refund is available on any item once the image proof has been approved, and an order placed.
12) USE OF PICTURES
a) Photo Hive Limited retains the right in all cases to use the pictures in any manner at any time throughout the world for the purposes of sales, advertising or promotion, of its work.
13) MODEL RELEASE
a) Unless specified in writing, Photo Hive Limited makes no claim or warranty as to the existence or validity of connected therewith model or other releases in respect of the pictures or as regards the reproduction by the Client of any names or trade marks depicted in the pictures. It is the Client who must satisfy him/herself that all necessary rights, releases or consents required for reproduction have been obtained.
14) IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE UNDER THE LAW, THE VALIDITY OF THIS AGREEMENT AS A WHOLE SHALL NOT BE AFFECTED, AND THE OTHER PROVISIONS OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.