Terms and Conditions
YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSES 4.2, 5.2, 9, AND 13 BELOW.
1. THESE TERMS
1.1. What these terms cover. Under these terms and conditions, we will provide the membership “TFC Creative Photography Membership”, any Stand-Alone Courses forming part of the Membership and any related services and digital content to you (“Membership”).
1.2. Why you should read them. Please read these terms carefully before you submit your order for the Membership. These terms tell you who we are, how we will provide the Membership to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are. The Membership is provided by Ruth Chornolutskyy, a sole trader established in England and Wales.
2.2. How to contact us. You can contact us by writing to us at ruth@thefairytalecreator.com.
2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1. How we will accept your order. Our acceptance of your order for the Membership will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2. If we cannot accept your order. If we are unable to accept your order for the Membership for any reason, we will inform you of this in writing and will not charge you for the Membership. This might be because the course is out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the Membership.
3.3. Your order number. We will assign an order number to your order and tell you what it is when we accept your order for the Membership. It will help us if you can tell us the order number whenever you contact us about your order.
4. THE MEMBERSHIP
4.1. The Membership is online. The Membership is provided via an online membership area. After you purchase the Membership, you will receive an email with your login information to enable you to access the membership area and all of the learning materials.
4.2. You must purchase your Photoshop, Software or other photo editing software package via the third-party provider. The Membership provides training on photo editing using Photoshop and Lightroom, however it is your sole responsibility to ensure you have access to Photoshop or Lightroom or an equivalent editing program as this is not provided as part of the Membership. We also make no recommendations as to which version of editing software to purchase and where to purchase it from. You must do your own research through the third party supplier.
4.3. Please be aware that Photoshop, Lightroom and other editing software have regular updates. The Membership will not be updated every time there is an update so some functions demonstrated in the Membership may be a little different at the time you watch a tutorial to what they were at the date the Membership tutorial was created and recorded.
4.4. If you do not complete the tutorials in the Membership. If you choose to leave or not complete the Membership, you will still be liable for the fees for the months you have been in the membership, or are contracted to be a member (if under an annual package).
4.5. Where you submit edited images to the members' gallery, you acknowledge that I may use those images in my marketing material to promote the Membership. I will always credit you if you have provided valid credits and links.
4.6. Any tuition given as part of this course and/or feedback or recommendations given as part of the Membership represents the personal experiences, views and opinions of Ruth Chornolutskyy. Photography and photo editing is subjective and therefore, tuition is given based on Ruth's personal experiences and any feedback and recommendations given are based on Ruth's opinion and subjective views only. Such advice should not be relied upon and you are solely responsible for any action you take following any tuition, feedback or recommendations given. Unless we have been negligent, we cannot be responsible for any loss or damage you suffer as a result of any acts or omissions.
4.7. If you edit Ruth's raw images, you can use the images in your portfolio, but you must credit Ruth as the photographer, the team involved in the shoot (as specified in the description accompanying the raw images). The images can be used in your portfolio and on social media to attract paid work, but cannot be sold or used for other commercial use without prior express permission from Ruth.
4.8. Results are not guaranteed. You acknowledge and accept that you are responsible for putting the training into practice and creating your own results.
5. YOUR RIGHTS TO MAKE CHANGES
5.1. If you wish to make a change to your order for the Membership please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Membership, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 if you have the right to do so under these terms and conditions, Your rights to end the contract).
5.2 You may upgrade or downgrade your subscription within the Membership area yourself. Your upgrade or downgrade shall be instant and you will be refunded the payment for that month made under your old subscription and a new further payment shall be taken for the new subscription plan and such payments shall continue going forward until your contract ends. Please note if you have bought an annual subscription at the discounted rate, you cannot downgrade until the 12 month period has ended.
6. OUR RIGHTS TO MAKE CHANGES
6.1. Minor changes to the course. We may change the Membership:
6.1.1. to reflect changes in relevant laws and regulatory requirements; and
6.1.2. to implement minor technical adjustments and improvements. These changes will not negatively affect your use of the Membership.
6.2. Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
7. PROVIDING THE MEMBERSHIP
7.1. When we will provide the Membership.
7.1.1. Membership and Services: Upon purchase of the Membership, you will receive an email with your login details to get instant access to the membership area. We will supply the services and digital content to you until either the services are completed or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
7.1.2. Digital Content: Some digital content is provided as part of the Membership. We will make the digital content available for download by you as soon as we accept your order for the Membership.
7.2. We are not responsible for delays outside our control. If our supply of the Membership, the services or digital content is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any parts of the Membership you have paid for but not received.
7.3. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Membership to you, for example, a valid email address. If so, this will have been told to you on the order form. If you do not give us the correct information we require, we may not be able to provide the Membership to you. Where you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Membership late or not supplying any part of it if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.4. Reasons we may suspend the supply of the Membership to you. We may have to suspend the supply of the Membership to:
7.4.1. deal with technical problems or make minor technical changes; or
7.4.2. update the Membership to reflect changes in relevant laws and regulatory requirements.
7.5. Your rights if we suspend the supply of the Membership. We will contact you in advance to tell you we will be suspending supply of the Membership, unless the problem is urgent or an emergency.
7.6. We may also suspend your access to the Membership if you do not pay. If you do not pay us for the Membership when you are supposed to (see clause 12.4), we may restrict your access to the Membership until you have paid us the outstanding amounts. As well as suspending your access to the Membership we can also charge you interest on your overdue payments (see clause 12.5).
7.7. We may also suspend or stop the supply of the Membership or aspects of it where your behaviour is unreasonable, destructive or threatening. We also reserve the right to withhold the Membership or any services or digital content where we reasonably consider that you are responsible for unreasonable, destructive or threatening behaviour. In such cases our decision is final and if your access to the Membership is withdrawn in such circumstances you will not be entitled to a refund of the price of the Membership or of any part of it.
8. YOUR RIGHTS TO END THE CONTRACT
8.1. You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with it, how we are performing and when you decide to end the contract:
8.1.1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract, see clause 11;
8.1.2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
8.1.3. If you have just changed your mind about the Membership, see clause 8.3 and clause 8.7. You may be able to get a refund if you are within the cooling-off period or the period of our goodwill guarantee, but this may be subject to deductions;
8.1.4. In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
8.2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 8.2.1 to 8.2.4 below the contract will end immediately and we will refund you in full for any parts of the Membership which have not been provided and you may also be entitled to compensation. The reasons are:
8.2.1. we have told you about an error in the price or description of the Membership you have ordered and you do not wish to proceed;
8.2.2. there is a risk that supply of the Membership may be significantly delayed because of events outside our control;
8.2.3. we have suspended supply of the Membership for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 2 months; or
8.2.4. you have a legal right to end the contract because of something we have done wrong.
8.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4. When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
8.4.1. digital products after you have started to download or stream these;
8.4.2. services, once these have been completed, even if the cancellation period is still running.
8.5. How long do I have to change my mind? Subject to clause 8.7, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services or provided the digital content you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind. In respect of digital content, you have 14 days after the day we contact you to confirm we accept your order, or, if earlier, until you start downloading or streaming the digital content.
8.6. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for digital content is completed when the Membership is delivered, downloaded or streamed, therefore once you have accessed the membership area of the Membership, full payment for the Membership is due (monthly or annually depending on the package you have selected). This clause is subject to clause 8.7 and you may still take advantage of our goodwill guarantee.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1. Tell us you want to end the contract. To end the contract with us, please email us at ruth@thefairytalecreator.com. Please provide details of the Membership, when you ordered or received it and your name and email address. You can also use the cancellation form at the end of these terms and conditions.
9.2. How we will refund you. Where you have a right to cancel, we will refund you the price, or relevant part of the price, you paid for the Membership, by the method you used for payment. However, we may make deductions from the price, as described below.
9.3. Deductions from refunds if you are exercising your right to change your mind. We may deduct from any refund an amount for the supply of the service or digital content for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.4. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
9.5. If you wish to end a monthly Membership, you can do so by letting us know in writing at ruth@thefairytalecreator.com that you wish to end your membership and then cease your payments through your bank.
9.6. If you wish to end an annual Membership, you can do so by letting us know in writing at ruth@thefairytalecreator.com that you wish to end your annual membership no later than 5 days prior to your annual renewal date. Please note that you cannot cancel an annual Membership before the expiry of the initial 12 month term.
10. OUR RIGHTS TO END THE CONTRACT
10.1. We may end the contract if you break it. We may end the contract for the Membership at any time by writing to you if:
10.1.1. you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
10.1.2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Membership, for example, giving us a valid email address to which we can send your Membership login information.
10.2. You must compensate us if you break the contract. If you have accessed the membership area of the Membership, then you must pay the full price for the Membership for the period you have selected.
10.3. We may withdraw the course. We may write to you to let you know that we are going to stop providing the membership area aspect of the Membership. In such instance, we will provide a refund if you have selected an annual membership for any months where you have not received content.
11. IF THERE IS A PROBLEM WITH THE MEMBERSHIP
11.1. How to tell us about problems. If you have any questions or complaints about the Membership, please contact us by email at ruth@thefairytalecreator.com.
11.2. Summary of your legal rights. We are under a legal duty to supply the Membership in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Membership. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
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Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
In respect of any services provided, the Consumer Rights Act 2015 says:
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12. PRICE AND PAYMENT
12.1. Where to find the price for the Membership. The price of the Membership will be the price as set out on our sales and checkout pages. We use our best efforts to ensure that the price of the Membership advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the Membership you order. Please see clause12.7 for more details on the price packages.
12.2. What happens if we got the price wrong. It is always possible that, despite our best efforts, the Membership may be incorrectly priced. We will normally check the price before accepting your order so that, where the correct price of the Membership at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price of the Membership at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and remove your access to the Membership.
12.3. When you must pay and how you must pay. We accept payment via Stripe. You must either pay for the Membership in full at the time of order if selecting an annual package, or if we agree that you may pay by instalments for a monthly package, you must pay each instalment to us in full in accordance with the instalment arrangements. If your credit card details have been taken, you irrevocably authorise us to automatically collect payment from that credit card on the dates agreed.
12.4. Where you fail to pay any instalment on its due date. Where you fail to pay any instalment on its due date then all monies owing by you to us for the Membership shall become immediately due and payable. We may suspend your access to the Membership until you have paid us any monies due.
12.5. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of England Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12.7. We offer 4 price options for the Membership which contain the following benefits:
12.8. Your price at the time of purchase of the Membership will remain for as long as you remain under your current Membership. Whilst you remain a member under your existing membership the price you pay for your subscription will not increase except where you voluntarily upgrade. If you decide to end your current Membership and you wish to later rejoin, you will rejoin at the current sale price of the Membership which may have increased from what you were paying for the same under your old membership.
12.9. Managing your Subscriptions: Please see clause 5.2 on how you can change your membership subscription yourself within the membership area.
12.10. From time to time there may be additional one-off offers for supplemental products or services within the Membership. These will be voluntary and payable in addition to your Membership subscription if you would like to buy them.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1. We are responsible to you for foreseeable loss and damage caused by us. Subject to clause 13.5, if we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation or for breach of your legal rights in relation to the Membership as summarised at clause 11.2.
13.3. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by you failing to correctly follow our instructions or to have in place the minimum system requirements advised by us. As advised under clause 4.2, you are solely responsible for obtaining a Photoshop, Lightroom or other editing software package from the third-party supplier and we shall have no liability for any problems with any editing software package you purchase.
13.4. We are not liable for business losses. We only supply the Membership for domestic and private use. You have no rights to use the Membership or any materials, services or digital content provided with the Membership for any commercial, business or re-sale purpose. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.5. Limitation of Liability. We make no warranty concerning the exact content of the Membership or the effects of the implementation of any elements of the Membership by you. We shall have no liability where you chose not to complete the Membership tutorials and/or materials. To the extent we are legally able to do so, we:
13.5.1. exclude all terms, conditions and warranties implied by custom and the general law or statue; and
13.5.2. limit our liability to you for any claim (whether arising under contract, tort or otherwise) for loss or damage suffered by you to the price of the Membership actually paid by you.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1. How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.
15. INTELLECTUAL PROPERTY AND OWNERSHIP
15.1. Intellectual property and ownership of the materials in the course. By placing an order for the Membership, you acknowledge and agree that the ownership of all lessons, materials, services and digital content provided with the course and the intellectual property (including without limitation copyright, patents, design right (whether registered or unregistered), registered and unregistered trademarks and service marks, know-how, processes and rights in inventions or ideas) comprised in such belongs to and remains owned by us at all times.
15.2. No rights given for commercial, business or resale. You have no rights to use the Membership, the raw images or any other materials, services or digital content provided with the Membership for any commercial, business or re-sale purpose.
15.3. Use of images provided with the Membership in your portfolio. You are welcome to use any raw images provided with the Membership which you edit in your portfolio for non-commercial use only, on the condition that you properly credit the team as specified in the relevant Membership content section. Images must not be used for any commercial, stock site or sale purpose without prior consent in writing from us. Breach of this clause by you shall enable us to immediately withdraw your access to the Membership and seek any legal remedies available to us, including but not limited to an injunction and/or compensation.
16. AUTO RENEWAL OF MEMBERSHIP
16.1. If you purchase a monthly subscription, your Membership will continue until you notify us that you wish to end your Membership in accordance with clause 9.5.
16.2. If you purchase an annual subscription, your Membership will continue for an initial 12 month period and then shall automatically renew to a further annual period. We will send a reminder prior to the renewal so you can cancel the renewal or change your subscription if you do not want to continue your annual membership for a further annual period.
17. OTHER IMPORTANT TERMS
16.1. We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
16.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide access to the Membership, we can still require you to make the payment at a later date.
16.6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Membership in the English courts.
Schedule 1
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To Ruth Chornolutskyy t/a The Fairytale Creator, and contactable at ruth@thefairytalecreator.com.
I hereby give notice that I cancel my contract of sale for the TFC Creative Photography Membership:
Ordered on: ________________ (please insert date of order)
Name of consumer: ____________________________________
Email address of consumer: ______________________________
(*Optional - Reason for cancellation:
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________)
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