This Privacy Policy governs the manner in which Kirstin Boncher Photography collects, uses, maintains and discloses information and personal information collected from users (each, a "user"). This privacy policy applies to the website and all products and services offered by Kirstin Boncher Photography.
We are committed to protecting your privacy and providing the highest quality online experience. The following Privacy Policy is subject to change at any time and at the sole discretion of the site owner and operator.
For latest updates in regards to this Privacy Policy, please visit the site regularly. You agree to these policies by use of our website and when you provide us with your personal information. Please read the complete Privacy Policy below, as well as our Terms of Use, and contact us if you have any questions.
Information.
In order to provide you with the most efficient personalized service, and to accommodate certain requests which you make, we request information about you in certain circumstances. You can visit our website, read materials, and browse the website’s contents without giving us any personally identifiable information.
Personal Information.
We collect personally information that you enter on the website or otherwise volunteer to us (such as your name, e-mail address, home address, phone number, and/or similar information), when you contact us to, among other things, make purchases or request information. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, improving our operations and customer service and processing payments.
Collection of Personal Information.
We collect personal identification information from users in a variety of ways for those that voluntarily submit information to us, including, but not limited to, when users visit our website, place an order, and in connection with other activities, services, features or resources we make available on our website. Users may be asked for, as appropriate, name, email address, mailing address, phone number. Users may, however, visit our website anonymously. We only collect personal identification information from users if they voluntarily submit information. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain website related activities.
When you purchase products by credit card, your credit card company will have all relevant information about the name of the vendor, items purchased, date, total cost and other information necessary to process the transaction. We will not otherwise provide any personal data to your credit card company without your permission.
Personal Information.
Note that any personal information you provide to others is optional and done at your own discretion. The primary purpose of collecting personal and private information from you is for us to conduct our business. We use this information internally to better serve you as a customer. We do not share your personal information to other parties unless you have authorized us to do so. Your information may be stored with third party service providers, such as email service providers. However, they cannot sell or transfer it to others in any way.
All companies working for and with us must comply with our privacy policies, and are not permitted to sell your information to third parties or to use it except as authorized by us and you, or as permitted or required by law.
We reserve the right to use or disclose any information without notice or consent for the following purposes: as needed to satisfy any law, regulation or legal request; to conduct investigations of consumer complaints or possible breaches of law; to protect the integrity of our website and our property; to protect the safety of our visitors or others; to fulfill your requests; or to cooperate in any legal investigation.
Collection of Non Personal Information.
We may collect non-personal identification information about users whenever you interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about users means of connection to the website, such as the operating system and the Internet service providers utilized and other similar information.
Cookies.
Our Site may use "cookies" to enhance a user’s experience. Your web browser places cookies on your hard drive for record-keeping purposes and sometimes to track information about them. Cookies are enabled to serve visitors based on their visits to this website, including past visits, as well as other websites on the Internet. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If you do so, note that some parts of the Site may not function properly. We have no access to or control over any information collected by other individuals, companies or entities whose website or materials may be linked to our Website or its Content.
Security of Your Personal Information.
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Website. Security during Internet transmissions can never be fully assured.
Third Party Websites.
There may be third party websites and links contained on our Websites for your use and reference. This may include advertising or other content on our Website that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Website, is subject to that website's own terms and policies. You should be aware and review the privacy policies of these websites as they may differ from ours.
Revisions.
Our Privacy Policy and Terms of Use are subject to change. If we make material changes to this policy, or in how we use or collect your personally identifiable information, we will prominently post such changes prior to implementing the change. You should check our Website frequently to see recent changes. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. We will not materially alter our policies and make them less protective of personal information without the consent of affected user.
Mediation.
Before a party can engage and commence any type of legal proceeding, except for temporary injunctive relief, within sixty days upon written notice of the dispute (or as otherwise agreed in writing by the parties) the dispute shall first be mediated before neutral mediator agreed upon in writing by the parties. In the event the parties cannot agree upon the choice of a mediator, each party shall appoint one individual representative and the two party representatives shall, between themselves, chose a mediator. In the event of any dispute between the parties arising out of this Agreement cannot be resolved by a mediator, the parties may proceed to institute litigation or legal proceeding within the venue and jurisdiction set forth above. The parties shall only have 1 (one) year to request or commence any type of legal action. Otherwise the claim is barred and forever waived.
Governing Laws.
If you choose to visit our Website, your visit and any dispute over privacy is subject to this Notice and our Terms of Use, including limitations on damages, resolution of disputes, and application of the law of the State of New York. This Agreement will be governed by, and construed in accordance with, the laws of the State of New York, without reference to rules governing choice of laws.
Children’s Policy.
Protecting the privacy of the children is very important to us. We do not knowingly collect personal information from children under 13. Further, under our Terms of Service and Conditions of Use, children under 18 are not allowed to use our Sites and access our services. It is not our intention to offer products or services to minors.
Unsubscribing.
You may unsubscribe to any of our online e-mail updates at any time by simply contacting us to let us know. We will take steps to ensure your opt-out requests are handled promptly. Unsubscribing from one list managed by us will not necessarily remove you from all publication email lists. If you have questions or are experiencing problems unsubscribing, please contact us at the information listed below.
Anti-Spam.
We have a no spam policy and provide you with the ability to opt-out of our communications by unsubscribing to any of our e-mails. We ensure that we are compliant with the CAN-SPAM Act of 2003 by never sending out misleading information on our emails or websites. We will not sell or share your email address or personal information with anyone.
Acceptance of Privacy Policy.
By using this website, you signify your acceptance of this policy. If you do not agree to this policy, do not use our website. Your continued use of the website following the posting of changes to this policy will be deemed your acceptance of those changes.
Miscellaneous.
If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. Kirstin Boncher's failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of Kirstin Boncher Photography's right to subsequently enforce such provision or any other provision of this Agreement. This Agreement constitutes the entire understanding of the Parties with respect to the subject matter of this Agreement, and revokes and supersedes all prior or contemporaneous agreements, communications, proposals or understandings, whether electronic, oral or written, between the Parties and is intended as a final expression of their agreement.
Entire Agreement.
This Agreement, contains all representations and the entire understanding and agreement of purchase of online products or services between the parties as of the date hereof, and cannot be modified, supplemented or amended except by a written instrument executed by the parties hereto.
Contact Us.
If you have any questions about the contents of this privacy policy or the website, you may do so by emailing us at hello@kirstinboncher.com.
Digital Product/Service
Read the following Terms and Conditions of Use carefully. We reserve the right to change these Terms and Conditions on the Website at any time without notice to you or any other user. By using the Website and its Content you are agreeing to the Terms and Conditions of Use as they appear, whether or not you have read them or understand them. If you do not agree to be bound by these terms and conditions or you do not understand them, do not access or use this website.
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services operated by Kirstin Boncher (“Owner”), acting on behalf of Kirstin Boncher Photography (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
1. TERMS OF PURCHASE.
(a) Upon purchase and execution of this Agreement, Client will be provided with the services as detailed on the website and selected prior to purchase.
(b) The scope of services rendered by the Company pursuant to this Agreement shall be limited to those contained herein and/or provided for on Company’s Website as part of the Digital Product or Service.
(c) The Company reserves the right to substitute services equal to or comparable to the Digital Product or Service for Client if reasonably required by the prevailing circumstances.
2. PAYMENT AND REFUND POLICY.
(a) Upon execution of this Agreement, Client agrees to pay to the Company the purchase amount as stated on the Website.
(b) No refunds will be provided. Please do not purchase if you think you may want a refund.
(c) Credit Card Authorization. Each party hereto acknowledges that Company will charge the credit card chosen by the Client on the date and for the amounts specified upon purchase and as included in this Agreement.
(d) In the event Client fails to make any of the payments outlined above, Company has the right to immediately disallow services and benefits until payment is paid in full.
3. METHODOLOGY. Client agrees to be open minded to Owner’s methods and partake in Digital Product or Service as proposed. Client understands that the Company has made no guarantees as to the outcome of the Digital Product or Service. The Owner may revise methods or parts of the Digital Product or Service based on the needs of the Client and/or other participants.
4. DISCLAIMER. By participating in the Digital Product or Service, Client acknowledges that the Company makes no guarantees as to the outcome of any sessions, teachings, modules, or any resulting course that may be created by Client based on information obtained through this Digital Product or Service. By participating in this Digital Product or Service, the Client acknowledges that the Company does not warrant the accuracy of any information provided, is not liable for any losses the Client may suffer by relying on Owner’s advice or products.
Any testimonials or examples shown through the Company’s website, programs, and/or services are only examples of what may be possible. There can be no assurance as to any particular financial or other outcome based on the use of the Membership and/or services. You acknowledge that the Company has not and does not make any representations as to success of any kind that may be derived as a result of use of its programs, products or services.
The Company may provide the Client with information relating to products that the Owner believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Company is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information provided. The Company may provide Client with third-party recommendations for such services as marketing, technology, business, or other related services. Client agrees that these are only recommendations and the Company will not be held liable for the services provided by any third-party to the Client.
5. RECORDING AND REDISTRIBUTION OF CALLS. Client acknowledges that group sessions and/or group calls may be recorded. Client also acknowledges that the recordings may be redistributed and/or resold at a later date as part of a separate package sold by the Company.
6. INTELLECTUAL PROPERTY RIGHTS. In respect of the Material specifically created for the Client as part of this purchase, including themes, documents, modules, videos, or other content, the Company maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Client, nor grant any right or license other than those stated in this Agreement.
7. GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
8. DISCLAIMER OF WARRANTIES. The information, education, and design provided to the Client by the Consultant under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
9. LIMITATION OF LIABILITY. By using the Company’s services and purchasing this Membership, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that the Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Digital Product or Service. Client agrees that use of this Digital Product or Service is at user’s own risk.
10. NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
11. DISPUTE RESOLUTION. Before a party can engage and commence any type of legal proceeding, except for temporary injunctive relief, within sixty days upon written notice of the dispute (or as otherwise agreed in writing by the parties) the dispute shall first be mediated before neutral mediator agreed upon in writing by the parties. In the event the parties cannot agree upon the choice of a mediator, each party shall appoint one individual representative and the two party representatives shall, between themselves, chose a mediator. In the event of any dispute between the parties arising out of this Agreement cannot be resolved by a mediator, the parties may proceed to institute litigation or legal proceeding within the venue and jurisdiction set forth above. The parties shall only have 1 (one) year to request or commence any type of legal action. Otherwise the claim is barred and forever waived.
12. GOVERNING LAW. This Agreement will be governed by, and construed in accordance with, the laws of the State of New York, without reference to rules governing choice of laws.
13. NOTICES. All notices, requests, demands, and other communications under this Agreement shall be in writing submitted to hello@clickbranding.com.
14. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.
15. NO CHILDREN. Children under 18 are not allowed to use our Website and access our services. It is not our intention to offer the Website, products or services to minors.
Privacy.
Please review our Privacy Policy, which also governs your visit to the Website, to understand our privacy practices.
Contact Us.
If you have any questions about the contents of these terms and conditions of the use of this website, you may do so by emailing us at hello@kirstinboncherphotography.