The following are the Terms and Conditions (T&C) and Privacy Policy that apply to you as a user of DEAR TRAVELLERS. By accessing www.DearTravellers.com (henceforth to be referred to as the “Platform”), you agree to these terms regardless of whether you are a paying user or a non-paying visitor. If you are using our Platform as a representative of an entity, you are agreeing to these terms on behalf of that entity. DEAR TRAVELLERS Pte Ltd and its subsidiaries/partners, also reserves the right to change, amend in part or in whole, these T&C and Privacy Policy. As a result, the terms applicable in the future may vary from those applicable in this instance. At no time is DEAR TRAVELLERS obliged to inform you of these changes. By continuing to use our Platform and our services after the changes come into effect means that you agree to be bound by the revised policy.

1. Overview

DEAR TRAVELLERS offers an internet-based service through its Platform, that allows you to connect and book photoshoots in several cities around the world by selecting a photographer. Protecting our customers’ private information is our highest priority. These T&C also cover the Privacy Policy and governs all data collection and usage by DEAR TRAVELLERS, including through the Site. By using the Site, you consent to the data collection and usage practices described in this Policy.

2. Data Collection

DEAR TRAVELLERS will collect personal data about you and your shopping behavior, past travel experiences, which includes but is not limited to your name and email, billing and credit card information, demographic information such as age and gender, with the aim to give you a better experience and show you relevant information, and to complete the purchase transaction.

The Platform makes use of cookies to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer.

DEAR TRAVELLERS stores information about your computer hardware and software. This information can include: your IP address; browser type; domain names; access times; and referring website addresses. This information is used for the operation of the Service, to maintain quality of the Service, and to provide general statistics regarding use of the Site. By using the Platform you agree to allow DEAR TRAVELLERS to collect your personal information. Your information will not be sold or given to other third-party services/products not related to DEAR TRAVELLERS.

DEAR TRAVELLERS encourages you to review the privacy statements of websites you choose to link to from the DEAR TRAVELLERS website so that you can understand how those websites collect, use and share your information. DEAR TRAVELLERS is not responsible for the privacy statements or other content on websites outside of the Site.

3. Use Of Your Personal Information

DEAR TRAVELLERS collects and uses your personal information to operate the Site and deliver the services you have requested. DEAR TRAVELLERS may also use your personally identifiable information to inform you of other products or services available from DEAR TRAVELLERS and its affiliates. DEAR TRAVELLERS does not sell, rent or lease its customer lists to third parties. DEAR TRAVELLERS may keep track of the websites and pages our users visit within DEAR TRAVELLERS in order to determine what DEAR TRAVELLERS services are the most popular. This data is used to deliver customized content and advertising within DEAR TRAVELLERS to customers whose behavior indicates that they are interested in a particular subject area.

DEAR TRAVELLERS will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on DEAR TRAVELLERS or the site; (b) protect and defend the rights or property of DEAR TRAVELLERS; and, (c) act under exigent circumstances to protect the personal safety of users of DEAR TRAVELLERS, or the public.

4. Security Of Your Personal Information

DEAR TRAVELLERS secures your personal information from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.

5. Email & Promotions

As part of providing the Platform, we may need to provide you with certain communications, such as service announcements and administrative messages. DEAR TRAVELLERS from time to time will also contact you through email or other medium, to update you of special promotions or things that are going on with DEAR TRAVELLERS. By using this service, you agree to subscribe to receiving these emails and messages. You can unsubscribe anytime by clicking our unsubscribe button at the bottom on the email.

6. Opt Out & Unsubscribe

We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from DEAR TRAVELLERS by contacting us using through email at [email protected].

7. Copyright

DEAR TRAVELLERS will not own the copyright of the pictures from your photoshoot. The photographer and you as our client will own the copyright. By uploading any photo to the Platform, you agree to let DEAR TRAVELLERS use the photos at its own discretion on all media channels owned by DEAR TRAVELLERS, including but not limited to the Platform, social media accounts, DEAR TRAVELLERS’ blog and emails.

You acknowledge that DEAR TRAVELLERS do not own the copyrights of all the photos that your photographer has created, but that we reserve the right to use them to promote the DEAR TRAVELLERS business, provided there is consent from either the customer or the photographer. In such cases, you agree to give DEAR TRAVELLERS consent for all the photographs and videos produced by DEAR TRAVELLERS to be published, displayed or used for the benefit of DEAR TRAVELLERS (e.g. editorial, and exhibition) and to release all the rights to claim for any the profit or further compensation, in whatsoever manner, that may arise from such use.

However, DEAR TRAVELLERS will make every effort not to use your pictures in external media channels not owned by DEAR TRAVELLERS, without your permission. You agree to release DEAR TRAVELLERS and the relevant photographer from all liability for libel, invasion of privacy, and all causes of action whatsoever in relation to the photos their making and use, you or your property including without limitation any liability for alteration of the photos, whether intentional or otherwise, that may occur during the making, editing or subsequent use of the photos.

8. Booking Time

DEAR TRAVELLERS acts as a reservation system for photographers. By booking a photographer for a specific time, you only have them available for that period regardless of travelling time during the session. Should you come late to the photoshoot, that will also be deducted from the photoshoot duration. Booking time and date is based on local time zone of the photoshoot location.

9. Editing

Editing and distribution of the photos will be the duty and responsibility of the individual photographer that the client hired. Dear Travellers will not have access to any photos during the photoshoot unless any of the copyright holders allows us to do so.

10. Travel Expense

Our photographers are mostly local photographers in the city where you will do the photoshoot. Therefore, there are no additional travel or accommodation expenses other than the price listed in the contract. However, if you want your photoshoot to happen on remote places, please notify your selected photographer in advance as there might be additional charges set by the photographer. Travel expenses for you to travel to the photoshoot location will not be covered in the package unless it is explicitly listed in the package details.

11. Other Expense

All entrance fees to places not limited to Theme parks, temples and national parks are not included in the package unless it is explicitly listed in the contract details. Should there be an entrance fee, you may need to pay for the entrance fee for the photographer.

12. Theft

DEAR TRAVELLERS and the photographer are not responsible for theft during the duration of your photoshoot.

13. Cancellation and Reschedule Policy

Once payment is made and the booking is confirmed, we can only refund up to 50% of the photoshoot fees if you cancel the photoshoot. If you have to reschedule your photoshoot, please contact your photographer as soon as possible. There is no guarantee for the photographer to accept the rescheduling of your photoshoot. You will get a full refund if the photographer cancels the photoshoot.

14. Injury

By booking a photo session with DEAR TRAVELLERS you waive or give up certain legal rights, including the right to sue of claim compensation following an accident, now or in the future. You agree to waive any and all claims, and release DEAR TRAVELLERS and the photographer from all liability and agree not to sue DEAR TRAVELLERS and the photographer, which can be a company, for any personal injury, death, property damage or other loss that user sustain during or as a result of a DEAR TRAVELLERS photo session. You as a client, hereby agree as follows:

1. To waive all claims that I have or may in the future have against DEAR TRAVELLERS and the photographers, and to release DEAR TRAVELLERS and the photographers from any and all liability for any loss, damage, expense or injury including death that I may suffer or that my next of kin may suffer as a result of my participation in DEAR TRAVELLERS photo sessions, due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care on the part of DEAR TRAVELLERS and/or the photographer.

2. To hold harmless DEAR TRAVELLERS and the photographers from any and all liability for any property damages or personal injuries to any third party resulting from my participations photographic activities or related activities to the photoshoot, which might include walking, hiking, climbing, getting on a boat, or other activities that are related to the photoshoot;

15. Limitations and Liabilities

Some countries or jurisdictions may not allow the disclaimers in this clause, in which case these disclaimers will not apply to you. To the fullest extent permitted by law, we (including our holding company(ies), subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners and licensors (collectively, “Our Entities”)) expressly limit our liabilities in connection with or arising out of the provision of the Platform as follows:

1. we provide the Platform and any products or services we offer on an “as is” and “as available” basis, and your access to or use of our Platform is at your own risk;

2. we give no assurance, representation or warranty of any kind (whether express or implied) about the Platform and any products or services we provide;

3. we do not guarantee that the information or content you find on the Platform is always accurate, truthful, complete and up-to-date;

4. we expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement);

5. we are not responsible for any delay or disruption in our Platform or any defect, viruses, bugs or errors; and

6. we are not responsible for the conduct of or any content or information submitted or posted by any user of the Platform (whether online or offline).

To the fullest extent permitted by law, Our Entities are not liable to you or others for:

(a) any indirect, incidental, special, exemplary, consequential or punitive damages; or

(b) any loss of data, business, opportunities, reputation, profits or revenues

Other than the types of liabilities that we cannot limit by law, the liabilities of Our Entities to you (on aggregate) are limited to the amount you have paid us (if any) for the use of our Platform or for any products or services we offer over the last twelve (12) months.

16. Your Representation

Our Platform is not intended for and may not be used by minors. By using our Platform, you represent that you are an adult and that you are able to legally enter into contractual agreements. If you are using the Platform on behalf of an entity, by using the Platform you represent that you have the necessary rights and authority to agree to these terms (and other documents referred to herein) on behalf of that entity.

17. Feedback

DEAR TRAVELLERS value and welcome feedback on our Platform. You agree that we are free to use, disclose, adopt and/or modify any feedback and any information (including any ideas, concepts, proposals, suggestions or comments) provided by you to use in connection with our Platform or any products or services we offer, without any payment to you. You hereby waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption and/or modification of any of your feedback.

18. Termination

These terms will continue to apply until terminated by either you or us as follows.

1. You may stop using the Platform any time by deactivating your account.

2. We reserve the right to suspend or terminate your access to our Platform, if we reasonably believe:

(a) you are in serious or repeated breach of these terms (including a prolonged failure to settle any payment);

(b) you are using the Platform in a manner that would cause a real risk of harm or loss to us, other users, or the public;

(c) we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations or legal processes; or

(d) our provision of the Platform to you is no longer possible or commercially viable.

In any of the above cases, we will notify you by the email address associated with your account or at the next time you attempt to access your account, unless we are prohibited from notifying you by law. Where we consider necessary or appropriate, we will report any breach of these terms (or the Acceptable Use Policy) to law enforcement authorities and we will cooperate with such authorities by disclosing your identity and providing any information about you within our systems to them.

19. Acceptable Use Policy

As part of the terms of use, you agree not to misuse the Platform or help anyone else to do so. For example, you agree not to do any of the following in connection with the Platform:

(a) use our Platform for unlawful or unauthorised purposes;

(b) re-sell or attempt to benefit in a commercial fashion from any data, content or information available on the Platform;

(d) breach or otherwise circumvent any security or authentication measures or service use limits;

(e) access, tamper with, or use non-public areas or parts of the Platform;

(f) interfere with or disrupt any user, host, or network, for example by sending a virus, trojan, worm, logic bomb, or any other material that is malicious or technologically harmful, overloading, flooding, spamming, or mail-bombing any part of the Platform, or by scripting the creation of any content in such manner as to interfere with or create an undue burden on the Platform;

(g) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Platform or any related technology that is not open source;

(h) access, search, or create accounts for the Platform by any means (automated or otherwise) other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk) or attempt to do so;

(i) send unsolicited communications, promotions or advertisements, or spam;

(j) forge any TCP/IP packet header or any part of the header information in any email;

(k) send altered, deceptive, or false source-identifying information, including "spoofing" or "phishing";

(l) conduct surveys, contests, or pyramid schemes, or promote or advertise products or services without appropriate authorisation;

(m) abuse referrals or promotions;

(n) post, publish, upload, display, distribute, or share materials that are unlawful, inappropriate, profane, pornographic, obscene, indecent, libelous, defamatory, abusive, or knowingly false, and/or that infringe intellectual property rights;

(o) violate the letter or spirit of our terms of use;

(p) violate applicable laws or regulations in any way; or

(q) violate the privacy or infringe the rights of others.

20. Changes To This Policy

DEAR TRAVELLERS will occasionally update this Privacy Policy to reflect company and customer feedback. DEAR TRAVELLERS encourages you to periodically review this Policy to be informed of how DEAR TRAVELLERS is protecting your information.