TERMS AND CONDITIONS

This document contains the general terms and conditions on the basis of which it is offered to users

the use of the website www.upyourshoot.com, a management software aimed at improving workflows

as well as the marketing of photographers.

 

  1. Definitions

    To enable full understanding and acceptance of these terms and conditions, the following terms,

    in the singular and plural, they will have the meaning indicated below:

    Owner: Up Your Wedding S.r.l.s., with registered office in Racalmuto, Via Falcone e Borsellino, 18 VAT number /

    Tax Code 02972330845, fully paid-up share capital € 2,000.00, PEC address

    upyourwedding@pec.it

  • Platform: the website www.upyourshoot.com and the related management software.
  • Products: the products and services provided to the user by the Owner.
  • User: any person who accesses and uses the Platform.
  • Consumer User: the natural person of age who concludes a contract for purposes unrelated to the

    own entrepreneurial, commercial, craft or professional activity possibly carried out.

  • Non-Consumer User: the natural person of age or legal person who concludes a contract for the performance or for the needs of his business, commercial, craft or professional activity.
  • Conditions: this contract which governs the relationship between the Owner and the Users and the sale or supply of the Products offered by the Owner through the Platform.

  • Contents: any textual or multimedia element present on the Platform, by way of example, reviews, documents, images, etc.
 
  1. Detailed information on the platform’s offer

Up Your Shoot provides Users with the opportunity to improve the management of their workflows through the construction of interactive photo galleries. The software also allows you to view, comment, choose and print your favorite photos, making communication between photographers and customers easier.

The Owner also reserves the right to make in-depth courses available to the User, both in title free and paid. The content of the courses can vary from simple recorded lectures, to a consulting activity in the photography sector.

Access to the courses takes place through accreditation provided by the Owner following the purchase phase,

generally provided via email. Once you have received your login credentials you will be able to access the areas

reserve, follow or download the courses for which you have been accredited.

 

  1. Platform Scope of Conditions

The use of the Platform implies the acceptance of the Conditions by the User. If the User does not intends to accept the Conditions and / or any other note, legal notice, information published or referred to thereinyou will not be able to use the Platform or the related services.

The Conditions may be changed at any time. The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product.

Before using the Platform, the User is required to carefully read the Conditions and to save them or

print them for future reference.

The Owner reserves the right to change at its discretion, at any time even after the User registration, the graphical interface of the Platform, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Platform, communicating to the User, where necessary, the relative instructions.

 

  1. Purchase or supply request through the platform.

All the Products / Services offered through the Platform are described in detail on the relevant pages product (quality, characteristics, availability, price, delivery times, ancillary charges, etc.). They might highlight some errors, inaccuracies or small differences between what is published on the Platform and the Product real. 

Furthermore, any images of the Products are only representative and do not constitute an element contractual.

Purchases and / or requests for the supply of one or more Products through the Platform are permitted to both Users

Consumers and non-consumer users.

Purchases and / or requests for supply are allowed to natural persons only on condition that they are of age. For minors, any purchase and / or request for the supply of Products through the Platform they must be screened and authorized by the parents or by the operators of parental responsibility.

The offer of Products through the Platform constitutes an invitation to offer and the order sent by the User will be valid

as a contractual purchase proposal and / or supply request, subject to confirmation and / or acceptance by part of the Owner as described below. Therefore, the Owner will have, at its sole discretion judgment, the right to accept or not the User’s order without the latter being able to object or complain anything for any reason and / or reason.

The contract of sale or supply of the Products is concluded with the acceptance by the Owner of the User’s contractual proposal. The Owner will accept the User’s contractual proposal by means of sending the order confirmation to the e-mail address indicated by the User or via the display of an order confirmation web page, in which the order date and data will be shown of the User, the characteristics and availability of the Product, the price or the method of calculating the price, the

any additional charges and accessory taxes, the delivery and execution times, the methods for exercising the right of withdrawal or its possible exclusion and guarantee.

The contract for the sale or supply of the Products is not considered effective between the parties in the absence of what is indicated in the previous point.

In the event that the Product is not available, the Owner will notify the User of the new delivery terms or supply, asking if it intends to confirm the order or not. It is understood that the contract will be understood perfected in relation to the Products accepted by the Owner.

The User undertakes to verify the correctness of the data contained in the order confirmation and to communicate

immediately to the Owner any errors and will keep a copy of his order, of the relative confirmation and the Conditions.

 

  1. Registration To take advantage of the functions of the Platform, Users must register by providing, in a truthful manner and complete, all the data requested in the relevant registration form and fully accept the privacy policy

(https://www.privacypolicygenerator.info/live.php?token=wVpWYDQePwfREch1VkwAXOPsGbPCjwQn) and Conditions.

Registration can be done only and exclusively by adults.

It is not possible to create multiple accounts that correspond to the same subject. In case of violation, the Owner reserves the right to suspend or close the User’s account at any time and without notice.

The User has the duty to keep their login credentials which must be used exclusively by the User and cannot be transferred to third parties. The User undertakes to keep them secret and to ensure that no third party has access to it and to immediately inform the Data Controller in the event that he suspects or comes to knowledge of an improper use or undue disclosure of the same.

The User guarantees that the personal information provided during the registration process is complete and truthful and undertakes to hold the Owner harmless and indemnified from any damage, compensation obligation and / or sanction deriving from and / or in any way connected to the violation by the User of the rules on registration on the Platform or on the conservation of registration credentials.

 

  1. Account cancellation and closure

The registered User can stop using the Platform at any time and deactivate his own account or request cancellation through the interface of the Platform, if possible, or by sending a written communication to the e-mail address info@upyourwedding.com.

In case of violation by the User of the Conditions or the applicable legal provisions, the Owner will reserves the right to suspend or close the User’s account at any time and without notice.

 

  1. Subscription

Up Your Shoot offers subscription services. The characteristics and methods of subscription are detailed in the Platform

To subscribe, the User must follow the procedure indicated on the Platform and enter the required data. Any charge of the subscription fee will begin on the specified date and with the frequency indicated at the time of subscription.

The subscription is renewed according to the methods and times indicated on the Platform.

Users can deactivate the renewal through the Platform or by sending a communication to the e-mail address info@upyourwedding.com or by changing the preferences of the method payment used.

 

  1. Prices and payment methods

For each Product, the price and VAT, if due, are indicated. If the nature of the Product involves the impossibility of calculating it in advance, the methods of calculating the price are indicated.

In addition, any additional taxes and fees will be indicated. If these items of expenditure cannot reasonably be calculated in advance, there will be an indication of what costs will be charged to the User. The Owner reserves the right to change, at any time, the price of the Products and any additional costs. It is understood that any price changes will in no case affect the contracts already concluded before the modification.

The User undertakes to pay the price of the Product in the times and methods indicated on the Platform and to communicate

all necessary data that may be requested.

The Products can be purchased by paying by credit card, by bank transfer or through the use of Paypal. The platform, in fact, uses third-party tools (Paypal or Stripe) for processing of payments and does not in any way enter into contact with the payment data provided (card number of credit, holder’s name, password, etc.).

Should such third party tools deny the payment authorization, the Owner will not be able to provide the Products and cannot be held responsible in any way.

 

  1. Fatturazione

The User who wishes to receive the invoice will be asked for the billing information before payment. For the invoice will be issued by the information provided by the User that he declares and guarantees to be corresponding to the truth, releasing to the Owner any full indemnity in this regard.

 

  1. Methods of supplying digital products and services

The Owner will provide the Digital Products and / or services to the User, in the manner and within the specified deadline

on the Platform and reported in the order confirmation.

In the event that it is not possible to provide the Digital Products and the services requested within this period, it will be given

timely notice by e-mail to the User, with an indication of when it is expected to be able to provide them or of the reasons that make supply impossible.

If the User does not intend to accept the new term or the supply has become impossible, he can ask the reimbursement of the amount paid which will be promptly credited in the same payment methods used by the User for the purchase no later than 14 days from the date on which the Owner became aware of the refund request.

 

  1. Right of withdrawal

The Consumer and non-Consumer User who for any reason is not satisfied with the Products included in the subscription, you have the right to withdraw without any penalty within 30 days from the date of purchase of the subscription, by sending a written communication to the chat of the Platform or to the e-mail address info@upyourwedding.com.

In case of withdrawal exercised correctly, the Owner will reimburse the User for the cost of the subscription in course, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the date on which the User communicated to withdraw from the contract.

In the event of a digital product purchase, the Consumer User acknowledges and agrees to lose the right to withdrawal if the execution or download has begun, pursuant to art. 59 of the Consumer Code.

In the case of a request for the provision of a service, the User acknowledges and agrees to lose the right of withdrawal

after the complete performance of the service if the performance began with your express agreement and with the acceptance of losing the right of withdrawal after the service has been performed, pursuant to art. 59, lett. a) of the consumer code. Furthermore, the Consumer User acknowledges and agrees to lose the right of withdrawal if you have requested that the service begin during the withdrawal period, pursuant to art. 51, paragraph 8.

Where the provision of the service has not been fully performed and the User wishes to withdraw, he acknowledges and accepts that the Owner will reimburse him for the cost paid by retaining the proportional amount what was carried out up to the moment in which he exercised the right of withdrawal, pursuant to art. 57, paragraph 3 of the Consumer Code.

The Consumer User acknowledges that the withdrawal of a subscribed subscription does not entail the refund of the amounts relating to Products already used or disbursed.

 

  1. Optional form to exercise the right of withdrawal

The User can withdraw using the following form which must be completed in its entirety and sent

via chat or to the e-mail address info@upyourwedding.com before the withdrawal period expires:

I hereby communicate the withdrawal from the following product: ____________________

Purchased on: __________

Name and Surname / Company name:

____________________

Address / Headquarters: ____________________

E-mail associated with the purchase account: ____________________

Date: __________

 

  1. Contents uploaded by Users and purpose of use by the Owner

The User can upload Content to the Platform, as long as they are not illegal (i.e. obscene, intimidating, defamatory, pornographic, abusive or in any way illegal or violate privacy, intellectual property rights and / or industrial of the Owner and / or third parties), misleading, or are not otherwise harmful to the Owner and / or third parties or do not contain viruses, malware, political propaganda, commercial solicitation, mass e-mails or any other form of spamming or phishing. In the event of a dispute by a third party, the User will do so assumes full responsibility and undertakes to hold the Owner harmless and harmless from any damage, loss or expense.

The User guarantees that the Contents will be uploaded to the platform directly through their account by himself or in any case by people who have reached the age of majority.

The User is totally and exclusively responsible for the use of the personalized profile within the platform, with regard to the functions of publication, consultation, content management and contact between Users and is therefore the only guarantor and responsible for the correctness, completeness and lawfulness of the Contents and their behavior.

The Owner undertakes to protect and not disclose to third parties all data uploaded by the User. In particular, both the

photos and videos will be used for purposes strictly connected and instrumental to the use of the platform.

It is forbidden to use an e-mail address that is not owned by the User, to use personal data and the credentials of another User in order to appropriate his identity, or otherwise declare falsehood on the origin of the Contents.

The Owner is unable to ensure timely control over the Contents received and reserves the right at any time the right to cancel, move, modify those which, in its discretion, appear to be illegal, abusive, defamatory, obscene or damaging to copyright and trademarks or in any case unacceptable. Users grant the Owner a non-exclusive right of use on the Contents sent, without area restrictions geographic. The Data Controller may therefore, directly or through trusted third parties, use, modify, copy, transmit, extract, publish, distribute, publicly perform, disseminate, create works derived, host, index, store, annotate, encode, modify and adapt (including without limitations the right to adapt for transmission by any means of communication) in any form, any Content (including images, messages, including audio and video) that should be sent by the User, also through third parties.

The Contents sent will not be returned and the Owner will not be liable to Users for the loss, modification or destruction of the transmitted Content.

It is expressly forbidden, unless explicitly authorized by the Owner: i) the use of automatic systems of loading advertisements, except those expressly authorized, ii) serial publication and / or management of advertisements for third parties by any means or methods, iii) resell the services of the Owner to third parties.

 

  1. Industrial and Intellectual Property Rights

The Owner declares to be the owner and / or licensee of all related and / or intellectual property rights relating to the Platform and / or the Contents available on the Platform, with the exception of those uploaded by individuals Users within their management system. Therefore, all trademarks, figurative or nominative and all other signs, names trademarks, service marks, word marks, trade names, illustrations, images, logos, contents relating to the Platform are and remain the property of the Owner or its licensors and are protected by current trademark laws and related international treaties.

These Conditions grant the User the license to use the Platform and / or individual content and / or materials available therein, upon written request and simultaneous authorization by the Owner.

Any reproductions in any form of the explanatory texts and the Contents of the Platform, if not authorized, will be considered violations of the Owner’s intellectual and industrial property rights.

 

  1. Warranty Disclaimer

The Owner does not provide any explicit or implicit guarantee in relation to the Platform, nor does it provide any

guarantee that the Platform will be able to meet the needs of Users or that it will never have interruptions or will

error-free or that it will be free of viruses or bugs.

As regards the creation of individual interactive galleries, this is carried out independently by the User, which remains solely responsible for the processing of its customers’ data.

The Owner will endeavor to ensure that the Platform is available continuously 24 hours a day, but

cannot in any way be held responsible if, for any reason, the Platform is not accessible and / or operational at any time or for any period. Access to the Platform can be suspended temporarily and without notice in case of system failure, maintenance, repair or for reasons completely unrelated to the will of the owner or for events of force majeure.

 

  1. Limitation of Liability

The Owner cannot be held liable to the User, except in the case of willful misconduct or gross negligence, for inefficiencies or

malfunctions related to the use of the internet outside of its own control or that of its suppliers.

Furthermore, the Owner will not be responsible for damages, losses and costs incurred by the User as a result of the

failure to execute the contract for reasons not attributable to him, as the User is only entitled to possible full refund of the price paid and any ancillary charges incurred. The Owner assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards, checks and other means of payment, upon payment, if you demonstrate that you have taken all possible precautions based on the science and experience of the moment and on the basis to ordinary diligence.

The Owner will not be responsible for:

  • any loss of business opportunity and any other loss, even indirect, if any suffered by the User that are not a direct consequence of the violation of the contract by the Owner.
  • incorrect or unsuitable use of the Platform and by Users or third parties.
  • the issuance of incorrect documents or tax data due to errors relating to the data provided by the User, being the latter is solely responsible for the correct insertion in no case can the Owner be held responsible for an amount exceeding double the cost paid by the User.
  1. Major force

The Data Controller cannot be held responsible for the failure or delayed fulfillment of its own obligations, due to circumstances beyond the reasonable control of the Data Controller due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, independent of his will.

The fulfillment of the obligations by the Owner will be considered suspended for the period in which they occur force majeure events.

The Owner will carry out any act in his power in order to identify solutions that allow the correct fulfillment of its obligations despite the persistence of force majeure events.

 

  1. Link to third party sites

The Platform may contain links to third party sites / applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites / applications.

Some of these links may refer to third party sites / applications that provide services through the Platform. In these cases, the general conditions for the use of the site/Platform and for the use of the service prepared by third parties, with respect to which the Owner does not assume any responsibility.

 

  1. Privacy

The protection and processing of personal data will take place in accordance with the Privacy Policy, which may be consulted at page https://www.privacypolicygenerator.info/live.php?token=wVpWYDQePwfREch1VkwAXOPsGbPCjwQn

 

  1. Applicable law and competent court

The Conditions are subject to Italian law.

For Consumer Users, any dispute relating to the Platform, execution and interpretation of the these Conditions will be devolved to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right for the Consumer User to appeal to a judge other than that of the “consumer court” pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria referred to in Articles 18, 19 and 20 of the civil procedure code.

The Platform is reserved for Consumer Users who do not have their habitual residence in Italy of possibly more favorable and mandatory provisions provided for by the law of the country in which they have theirs habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the methods and formalities of the communication of the same.

For Non-Consumer Users, any dispute relating to the Platform, execution and interpretation of the these Conditions will be devolved to the court of the place where the Owner is based.

 

  1. Online dispute resolution for Consumer Users

The Consumer User residing in Europe must be aware of the fact that the European Commission

has established an online platform that provides an alternative dispute resolution tool.

This tool can be used by the Consumer User to resolve any

dispute relating to and / or deriving from contracts for the sale of goods and supply of services stipulated on the network. Of

Consequently, the Consumer User can use this platform for the resolution of any dispute arising from

contract concluded online. The platform is available at the following address:

https://ec.europa.eu/consumers/odr/