Last updated: 14 Jul 2022
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.jamestanphotography.com (the “Site”) operated by James Tan Photography (“us”, “we”, or “our”), and, if applicable, accessing or using any of our other online interactive features, including, but not limited to, emails, newsletters, communities, and online courses (“Service”, “Services“).
When we refer to “Contents” in this Terms, we mean anything published or made available through the Site, including but not limited to the text, audio, video, images, and data.
The Site may offer you certain Contents and Services for purchasing, including but not limited to photoshoot services, eBooks, photo editing presets, paid subscription, online courses, and various photography contents (collectively, “Product”, “Products”).
Your access to, download, and use the Site, the Services, and the Products, is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access, use, purchase, or download any of the Site, the Services, and the Products.
By accessing or using any of the Site, the Services, and the Products, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access, purchase, download, or use our Site, Services, and Products.
1. Your Eligibility
By accepting these Terms, you represent that you understand and agree to the foregoing.
To use our Site, Services, and Products, you must be at least 18 years of age or the legal age of majority in your jurisdiction, and possess the legal authority, right, and freedom to enter into these Terms as a binding agreement. You are not allowed to use the Site and any of the Services and Products if doing so is prohibited in your country or under any law or regulation applicable to you.
If you are making any payment to our Site, Services, or Products, you warrant the following (i) you are legally capable of entering into binding contracts; (ii) you are at least 18 years of age, or of the legal age of majority in your jurisdiction, to form a binding contract with James Tan Photography; (iii) you must not be a person barred from receiving the Services or Products under the laws of the Singapore or other applicable jurisdiction, including the country in which you reside or from where you use the Site, the Services, and the Products.
2. Intellectual Property
The Site, its original Contents, Services, and Products’ features and functionalities are and will remain the exclusive and sole property of James Tan Photography and its licensors.
You agree that under no circumstances, whether the Site, the Contents, the Services, and the Products have been modified or not, shall you have or attempt to claim the ownership of any intellectual property rights or copyright in the Site, the Contents, the Services, and the Products.
3. License and Usage
Your purchase of any of our Products constitutes our granting to you of a non-exclusive, non-sublicensable, non-transferable license to download and access that Product for the purpose of your personal use and reference, and print or convert the Product to an image or vector format for your own storage, retention, and reference (the “Purpose”).
You agree that under no circumstances shall you use, or permit to be used, any Product other than for the aforesaid Purpose. To avoid doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of our Products, whether modified or not, to any third party.
You agree not to use any of our Products in a way which might be detrimental to us or damage our reputation.
4. Payment Terms
Our payments are processed with third-party payment processors, including Stripe. The third-party payment processors allow us to sell our Products to you. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to you in the most appropriate manner, whether by formal meetings of a fixed duration or any other means, for the express purpose of meeting your needs in respect of the provision of the Site’s stated Products, in accordance with and subject to, prevailing Singapore Law.
You must have a valid debit or credit card to purchase any Products from us. All payments are due upon order processing. If payment is not received or the payment method is declined, the purchasing will be invalidated. We accept all major debit and credit cards via Stripe. You agree to pay all charges incurred by users of your credit card, debit card, or other payment methods.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. All payments are processed using a third-party processor. You acknowledge that James Tan Photography is not liable for any breaches of credit card or debit card security or privacy by such third–party processors.
All the payments to our Products do not include any taxes, levies, duties, or similar governmental assessments of any nature on the Site including, for example, value-added, sales, use, or withholding taxes assessable in any jurisdiction whatsoever (collectively, “Taxes”).
You are responsible for paying all Taxes associated with its purchase(s) of the Products hereunder, excluding any taxes related to the income, property, or payroll of James Tan Photography.
If you do not provide James Tan Photography with a valid tax exemption certificate authorized by the appropriate taxing authority and James Tan Photography pays Taxes for which you are responsible under this section, James Tan Photography will bill you, and you will pay that amount to James Tan Photography.
5. Buying Products And Services From Us Via The Website
The Site may offer you certain Products in the digital format for purchasing, including but not limited to eBooks, photo editing presets, subscription, online courses, and various photography contents (collectively, “Digital Contents”).
Some of these Digital Contents will be provided directly by us, and we will notify you in each instance where we are the seller. In such cases, the legal contract for the provision of these Digital Contents will therefore be made directly between you and us and governed by this Terms.
When we supply the Digital Contents, we will use all reasonable effort to ensure it (i) is of satisfactory quality, (ii) is fit for purpose, and (iii) matches its description.
If you receive any faulty Digital Contents from us, such as corrupted contents, broken download links, you may contact us using the contact details at the bottom of this page. We will examine the reported faults to confirm they are faulty and broken. Once verified, we will attempt to repair, replace, and fix the faulty Digital Contents, and inform you when the corrected Digital Contents is available.
You acknowledge that (i) there may be minor errors in the Digital Contents, including but not limited to typographical errors, layout errors due to an individual device, which is not considered as faulty; (ii) the Digital Contents is not customised to each individual needs and requirements. (iii) install any fixes for the faulty Digital Contents when we inform you that they are available for download. (iv) use only the recommended third-party software and equipment to access, use our Digital Contents.
James Tan Photography may offer bundle of various Products (“Bundle”) at a discounted price for a limited period. The Bundle allows you to determine the price that you will pay for the Bundle. Each Bundle has a minimum amount set, and we may suggest a recommended price for it. You may enter the amount you wish to pay for the particular Bundle.
We may include additional Products in a Bundle if you pay over a specific price designated for that Bundle. Suppose the custom amount you set is less than the required price to receive these additional Products, we will not include those additional Products in the Bundle you purchase.
Recurring Paid Subscription Services
James Tan Photography may offer the subscription service requires payment before you can access it (“Paid Subscription”). We may also offer special promotional plans, memberships, communities, or services, including offering of third-party products and services in conjunction with or through the Paid Subscription service. We are not responsible for the products and services provided by such third parties.
Our Paid Subscription services are integrated with ConvertKit Commerce. You can choose between a monthly or yearly subscription to the Paid Subscription services. When you purchase a Paid Subscription, you will have access to any Paid Subscription service item or content currently available within that subscription for the period you have chosen for your Paid Subscription.
You will be billed in advance on a recurring, monthly, or recurring annual basis for the Paid Subscription based on your designation. We will automatically place that same order every month or annually, depending on the option chosen during the initial purchase. Payment initiated on the 28, 29, 30, or 31 of the month will recur on the last day of the month for shorter months, as close to the original date as possible.
If your credit card is declined at the time of a Paid Subscription order placement, your order will not be placed; you will be notified that your Paid Subscription payment has failed, and you will need to update your credit card information. Once your payment information is corrected, your Paid Subscription order will be processed.
A Paid Subscription confirmation email will be sent after the initial Paid Subscription order is processed and shipped. Once a Paid Subscription order is scheduled, no emails will be sent before subsequent Paid Subscription order shipments are automatically processed.
James Tan Photography may offer a tip collection (“Tip Jar”) on a voluntary basis. We will use the collected tip to support the Site operating cost, hosting fees, and miscellaneous costs. You have the options to choose from the suggested tip amounts or enter other amounts you would like to contribute.
James Tan Photography may offer photography services in Singapore (“Photoshoot”). In such cases, the legal contract for the provision of the Photoshoot services will be made directly between you and us and governed by the other Terms separately.
Purchase and Download of Digital Contents
You have the option of purchasing individual issues of particular Digital Contents we offer on our Site by clicking on the relevant shopping cart button provided for the Digital Contents on offer and by subsequently completing the order process.
Once you complete the payment, you will receive an email with your order summary and the download link to obtain your purchased Digital Contents. All downloads of Digital Contents will be delivered to your personal computer or other devices which initiated the download.
Before download your purchased Digital Contents, please check the file size of your Digital Contents carefully as using too much data mean that you might exceed your data limit and you could face paying more than you were expecting, particularly if you are using your mobile phone data plan abroad. It is your sole responsibility to ensure that your device is enabled to access, view, or play the Digital Contents.
The price of our paid Products listed on the Site is in United States Dollars (“USD”) by default, unless otherwise stated.
We reserve the right to alter any of the prices for our Products from time to time.
Changes in Paid Products
We may, without prior notice, decide to (i) periodically update any of the Paid Products features, and Contents made available in the Paid Products, (ii) and some of the Paid Products features, and Contents may either become unavailable or be made available for free when this happens.
6. Buying Products And Services From A Third-Party Via The Website
Alternatively, some of the products and services available through our Site (collectively, “Merchant Sales”) may either be (i) provided by a third-party through a third-party website linked to or framed by our Site; or (ii) provided by a third-party through a third-party website which includes us or our brands however the products and services are provided by the third-party; or (iii) provided by us acting as agent for a third-party.
James Tan Photography may participate in the affiliate program with any carefully chosen third-party service provider. It means we receive a commission, fee and other compensation on some clicks or purchases made on, through or linked from the custom link (“Affiliate Link”) provided on the Site.
We will make a disclosure statement on the specific page in each instance where there is an Affiliate Link provided. In each case, there is no added cost whatsoever for you. In some instances, the affiliate links lead to special deals that reduce your cost.
The Merchant and Merchandise
In the circumstances described in the Merchant Sales and Affiliates above, the legal contract for the products and services provided will be made between you and the relevant third-party seller (“Merchant”) and the relevant Merchant’s terms and conditions will apply to the sale and supply of the products and services (“Merchandise”) in addition to this Terms. Accordingly, we cannot give any undertaking that the Merchandise you purchase from the Merchant through the Site will be of satisfactory quality. Any such warranties are hereby disclaimed by us absolutely. However, this disclaimer by us does not affect your statutory rights against the Merchant.
Merchant Sales and Affiliates shall be subject to the following terms and conditions (“Merchant Terms”): When purchasing Merchandise, you acknowledge that: (i) the Merchant (and not us) is solely responsible for the fulfillment of orders for any Merchandise and its quality, suitability, and fitness for purpose; (ii) the selection of any Merchant or the purchase of any item of Merchandise from the information available on the Site or the Merchant via the Merchant’s website or otherwise, and recommendations made to you by such websites or otherwise, is solely your choice. Any disputes or questions relating to the Merchandise will be directed to the Merchant in question. You acknowledge that we will have no responsibility, obligations, or liability in relation to the Merchandise; (iii) any Merchant’s data protection practices may differ from those adhered to by us. We are not responsible for, and have no control over, any data that is submitted to, or collected by the Merchants; and (iv) we are not responsible or liable directly or indirectly for any charges or losses whatsoever and howsoever arising or resulting from your use of or reliance on any content, materials or Merchandise available through, on or from any Merchant or their websites.
7. Refund Policy
By purchasing any Products or Services from our Site, you agree to this refund policy and relinquish any rights to subject it to any questions, judgment, or legal actions. Any refunds shall be at our sole and absolute discretion.
Digital Contents and Bundle
Due to the nature of Digital Contents, such as eBooks, photo editing presets, and any Digital Contents available for purchasing, being immediately accessible upon our accepting your order, no refunds of any fees or other amounts paid by you in connection with the Digital Contents will be allowed under any circumstances.
Recurring Paid Subscription
For Paid Subscriptions, by placing your order, you agree that we may start your subscription immediately upon our accepting your order. It means that you are not entitled to a refund if you change your mind after we have provided you with access to your subscription.
You may cancel your Paid Subscription at any time; however, there are no refunds for cancellation, and you understand and agree that you shall receive no refund or exchange for any unused time of the Paid Subscription services according to the chosen preferences (either a monthly or a yearly Paid Subscription).
All Tip Jar payment is non-refundable under any circumstances.
The Photoshoot services payment and refund policy is governed by the other Terms separately.
You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payment you make for our Products is final and may not be charged back.
8. Limitation of Liability
In no event shall James Tan Photography, its managers, members, licensors, suppliers, employees, and agents, be liable or responsible in any way in relation to the contents and use of, or differently in connection with this Site, or Services, or Products, or for any indirect, special, incidental or consequential damages (including but not limited to loss of use, loss of profits, revenue, income or anticipated savings, business losses, loss of reputation or goodwill, loss of contracts or business relationships, or loss or corruption of information or data) whether in action in contract, equity or otherwise, arising out of or in any way connected with the use of or inability to use this Site, or Services, or Products or the Contents therein or resulting from unauthorized access to or alteration of data. We won’t be held liable for any delays or failure in performance of any part of the Site, or Services, or Products if it is prevented or delayed in performing those obligations by an event of force majeure circumstances.
You agree that the maximum total liability of James Tan Photography, its managers, members, licensors, suppliers, employees and agents to you for any claim under this agreement, whether in contract, tort, or otherwise, shall not exceed the actual total amount received by James Tan Photography from you to access, use the Site, the Services, and the Products.
If your use of the Site, Services, or Products results in the need for servicing, repair, or correction of equipment or data, you assume all costs thereof. Each provision of this Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under this Terms between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of this Terms. The limitations in this section will apply even if any limited remedy fails of its essential purpose.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless James Tan Photography, its managers, members, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site, the Services, and the Products; (ii) your violation of any term of this agreement; (iii) your violation of any third-party rights, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party or to James Tan Photography. This defense and indemnification obligation will survive this Terms and your termination of use of the Site, the Services, and the Products.
Termination by James Tan Photography
We may terminate or suspend access to our Site, Services, and Products immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Termination by You
You may terminate or cancel your Paid Subscription order at any time. If there is an outstanding order associated with your Paid Subscription, the termination or cancellation will go into effect once that order is processed. To terminate or cancel your subscription, (i) Please click the link “Update your profile” in your invoice email or the “manage your profile” in the subsequent emails you received from us; (ii) Enter the authentication code email to you by ConvertKit; (iii) Go to the “Billing” tab, and click the “Cancel Plan” to cancel your subscription.
DO NOT click the “Unsubscribe” link before you cancel the Paid Subscription.
Effects of Termination
If you cease to use the Site, or the Services, or the Products, you will not be entitled to a refund of any prepaid fees. Upon termination of your Paid Subscription, you lose all access to the Paid Subscription and any portions thereof, including, but not limited to, any content, contacts, data or documents generated, published or stored by James Tan Photography.
Your use of the Site, the Services, and the Products is at your sole risk. Our Site, Services, and Products are provided on an “AS IS” and “AS AVAILABLE” basis. Our Site, Services, and Products are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
12. Links To Other Web Sites
Our Site may contain links to third-party websites or services that are not owned or controlled by James Tan Photography.
James Tan Photography has no control over, and assumes no responsibility for, any third-party websites or services’ content, privacy policies, or practices. You further acknowledge and agree that James Tan Photography shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
You acknowledge that we may receive affiliate commissions and other payments from third parties if you access such websites and resources. We will disclose such affiliate commissions in a clear and conspicuous language close to any such links.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
13. Governing Law
These Terms shall be governed and construed in accordance with the laws of the Republic of Singapore without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site, Services, and Products, and supersede and replace any prior agreements we might have between us regarding our Site, Services, and Products.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will notify you of any changes by posting the new Terms on this page. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Site, purchase or download or use our Services and Products, after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Site and stop purchasing, downloading, and using our Services and Products.
15. Contact Us
If you have any questions about these Terms, please contact us.