Terms and Conditions

Who we are and what these terms cover

• We are Roz & Kirsty Photography Limited, a company registered in England and Wales with company number 11198599 and whose registered office is at 15 Langland Court Road, Langland, Swansea, Wales, SA3 4TB (“we”, “us”, “our”).
• These are the terms and conditions (“Terms“) which govern the supply of our school photography services (“Services“).
• These Terms do not govern any orders or purchases of our photographs or other products.
• If you have any questions about these Terms or would like to purchase any of our photographs or products, please contact us using the details set out below:
  • Email address: [email protected].uk
  • Postal address: 15 Langland Court Road, Swansea SA3 4TB
  • Telephone number: 07776464869

• Intellectual property rights

All intellectual property rights (including, but not limited to, copyright and related rights) in or arising out of or in connection with the Services, including in any photographs taken by us as part of the Services, will be owned by us.

 Limitation of Liability

• • Nothing in these Terms will limit or exclude our liability for:
    • death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
    • fraud or fraudulent misrepresentation; or
    • any other matter in respect of which it would be unlawful for us to exclude or restrict liability.
  • Subject to clause 6.1 above:
    • we will not be liable to the School, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this Contract; and
    • our total liability to the School for all other losses arising under or in connection with this Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total amount of commission paid by us to the School under clause 4
    • General
      • No partnership or agency. Nothing in the Contract is intended to, or will be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
      • Personal Data. We will only use any personal data provided or made available to us as part of or in connection with the Contract and/or the Services in accordance with our Privacy Policy available at https://www.rozandkirsty.co.uk/privacy-policy/
      • Assignment and transfer. We may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of our rights and obligations under the Contract. The School will not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract without our prior written consent.
      • Entire agreement. The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party acknowledges that in entering into the Contract it does not rely on, and will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it will have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
      • Variation. Except as set out in these Terms, no variation of the Contract will be effective unless it is in writing and signed by the parties (or their authorised representatives).
      • Third party rights. This Contract is between the School and us. No other person will have any rights to enforce any of its terms. Neither party will need to get the agreement of any other person in order to end the Contract or make any changes to the Contract.
      • Each of the provisions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining provisions will remain in full force and effect.
      • If we do not insist immediately that the School does anything it is required to do under these Terms, or if we delay in taking steps against the School in respect of it breaking this Contract, that will not mean that the School does not have to do those things and it will not prevent us taking steps against the School at a later date.
      • Governing law and Jurisdiction. Any dispute or claim arising out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales will have exclusive jurisdiction to settle any such dispute or claim.