Maternity, Newborns, Babies , Family, headshots Photographer ABU DHABI-DUBAI

TERMS & CONDITIONS

IMPORTANT INFORMATION: BEFORE USING THIS SITE
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY
WARNING * All rights reserved © Copyright 2017. PORTRAIT STUDIO©
Please read these Terms of Use (“Terms”) & Conditions ("Conditions") carefully. The following is a legal agreement between you (“user”) and the Company PORTRAIT STUDIO (defined below), which governs your use of service & Products (defined below) obtained by purchase through this website at www.gabyhr.com , or any related domains or subdomains (the “Sites”). In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refers to the “Company” legally registered as “PORTRAIT STUDIO” under Abu Dhabi-UAE law.
About the “Company”,  refers to “PORTRAIT STUDIO” also known and doing business as “Gaby Photography”, a limited liability company, owner of the Website www.gabyhr.com “Company” also refers to each and all companies to whom PORTRAIT STUDIO partnership,  refers to its owner(s), shareholders, licensors, directors, agents, employees, affiliates, subsidiaries, advertising agencies, representatives and third parties.   “Service & Product” referred to by these Terms include but are not limited to: any type of our available photo shoots, Art Work, 8X10 inches Print(s), albums, wood photos, 4 or 6 Photo folders, folioBOX, photographic images, digitals, videos or any other content accessible and available exclusively to our Clients and containing Content for which a Client pays the Company a very specific service/product Fee supported by an accounting & stamped document and /or any of our On-line transactions legally registered under UAE law.  For precision and for avoidance of doubt, the Company does not sell nor include raw files, or digital files  larger than 8X10 inches at 100DPI.  All Social Media files  shall include “Gaby Photography Logo” and any printed material is sold by separately.  From the Company, ALL such Products are the intellectual property of and are owned by PORTRAIT STUDIO. By purchasing any Service and/or Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of The Company’s service and Products immediately.  Understand that by using the Sites, any Products, services or applications for which you tender payment or otherwise obtain through the Sites, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.
 
WHAT WE DO
PORTRAIT STUDIO is a photography product and service provider through which you may obtain beautiful images, each converted and referred as  “Art Works” that ONLY showcase “Gaby Photography” art, style and vision and not the clients specific request. It provides images, prints and/or videos to clients who have hired and payed specific fee(s) to the company in exchange for services and/or  products. Communications between you and the Company are protected by our privacy policy, but are not protected by any legal privilege, including the Company-client privilege or work product doctrine.
The Company  can in no way guarantee a replica of any of the images  published at www.gabyhr.com or different sites nor that each photo of  your gallery will be completely different from one another since services, Products or any Art Work have slightly changes and photographer performance entirely depends on our clients age capability, mood & behaviour during the session . Although a specific digital backdrop may be adequate in general circumstances and/or photo shoots as "composites" heavily edited at photoshop, cannot guarantee that it will be the same in every case or circumstance since all families and children behave different during their photo shoot. Please keep in mind that The Company can ONLY guarantee beautiful images, converted into Art Works,   SOLE reflection of the Comapny's  art, style and vision.  Please keep in mind that most of  the images provided by the Company are “Composites” as a result of heavy use of software tools as Photoshop.  The company does not offer life style images nor soft edited photos. The Company can’t  guarantee any specific desired outcome , NEVER cant guarantee more than 2fifferent looks/theme per photo shoot. The  Client has NO reason of objections in case any, some and/or the total images of the final gallery doesn’t pursuits the client expectations. To avoid confusion, BEFORE you hire the Company's services, please refer to www.gabyhr.com PORTFOLIO to ensure you agree on the Company's style , editing, design and vision.  ALL Clients have provided absolute consent and enables the Company total control to create and deliver the final Art Work gallery under the Company’s sole Vision and style by using the Client’s child/children portraits with an approved and written consent PRIOR each session.
If you should need a confirmed wide range variety of images for a particular look or themes or more complex matter, The Company strongly encourages you to AVOID to hire the Company’s product and services.   THERE IS NO COMPANY-CLIENT RELATIONSHIP WITHOUT A SIGNED CONTRACT , Please keep in mind that nothing contained on the Sites or available through the Products, Materials and services of The company is intended to form a Company-client relationship if its not bonded by a signed contract.
PRIVACY POLICY
The Company permits you control management of your personal images by Dropbox link and invites you to read the complete statement of its current Privacy Policy available here and/or sent by email attached to your download link, which part of it is incorporated herein by reference.  The Company  will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you. The Company will not sell or  distribute this information any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it on its On-line cart "technical business operations and support". The Company is the sole manager of such information collected on the Sites. The Company will use such information to respond to you as necessary. You grant The Company a worldwide consent of the use of this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular Product or service, such as for shipping of Products or to complete your On-line order.
  • Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE.
  • United Arab of Emirates is our country of domicile.
  • Minors under the age of 18 shall are prohibited to register as a User of this website and are not allowed to transact or use the website.
  • If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection. 
  • The cardholder must retain a copy of transaction records and Merchant policies and rules.

MINI SESSIONS: RULES, TERMS & CONDITIONS

Please read CAREFULLY prior booking your session with Gaby Photography.

Your booking fee includes  ONE (1) digital file 8X10 at 110DPI plus its Social Media. Includes the time booked and used/editing regardless you are a non show. DO NOT MISS your session,  DO NOT arrive late since its non refundable.

Please refer to our packages price list and proceed to choose the one suits you better.

Our MINI sessions includes ONLY digital files 8X10 at 110DPI plus Social Media.   Does not include any prints or products,  you will be able to purchase separately.  Our final photos-outcome  Set Up is as pictured / 1 outfit ONLY.    Ages: for babies sitting on his/her own to ensure beautiful photos.  Location : In Studio/ Al Reem Island / Sky Tower, ABU DHABI.      Release FORM : ALL our MINI sessions REQUIRES a Model Release as MANDATORY. Make sure you and spouse agree on that.  Its your written consent so we can use your baby/kids photos at any of our  family friendly marketing campaigns/purposes. (If definitely you need to keep  your photos PRIVATE : ADD 400aed fee to the package of your choice, payable SAME day of your MINI session). READ CAREFULLY/ NO REFUNDS:  Session fees will not be altered, discounted nor refunded regarding our client(s) mood , posing and/or happier or crying face expressions, actually we embrace crying photos as part of any beautiful and normal childhood. There is NO re-shooting available. The fee is for the time booked and used/edited regardless of kids/babies behavior.  Photographer performance will entirely depend on what your baby/kids allows during the 15min time session.  


WARNING: Since you have seen Gaby Photography displayed SAMPLES  & you trust our expertise/beautiful art work...  "Gaby Photography" will select  & edit the BEST photos on your behalf.  This will be based on beauty, posing, lighting, sharpness and focus. Be aware, Gaby Photography is unable to ensure any particular or desired photo, every baby/child is different.  Considering the nature of our custom–made  digital products; all sales are FINAL,  NON-refundable nor exchangeable for new ones and client agrees on that by written.   Any image change, if requested, is available at additional cost.  No mobile pictures, cameras nor video recording device are allowed during your session.  We do not include any special retouch as acne, scars, black eyeliner, Unflattering hair/make Up, braces, regrettable wardrobe choice, color changing, slimming, head swapping, cloth or face wrinkle removal among others.  Gaby Photography is not responsible for late arrival. Make sure you are 15min prior plus allow 10-15 minutes  for parking lot and/or reaching the studio with your kids* You get 1hour FREE / any EXTRA hour 5aed each.  This sessions are not open to professional photograpers nor amateurs since there is a non compete contract.  *ALL Gaby  Photography terms, rules & Conditions apply, you understand and accept this by sending your payment. For more information CALL the studio PRIOR sending your booking FEE*

DELIVERY/SHIPMENT POLICY

  • www.gabyhr.com will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE.
  • Multiple transactions may result in multiple postings to the cardholder’s monthly statement.
AFFILIATE LINKS
Links on the Sites may be affiliate links controlled by parties other than the company to help support the maintenance and/or marketing purposes of the Sites. The Company does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate sites and makes no guarantees as to the quality or content of the same. You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release The Company from any loss or damage incurred from dealing with such affiliate.
WEBSITE IMAGES  
ALL  images posted at www.gabyhr.com are being used under written and signed consent of each and every family involved.
 
INTELLECTUAL PROPERTY LICENSE
The company owns all intellectual property rights in (a) all text, logo, images, art works, headers, trademarks, service marks, design elements, and all other protected elements on the Sites (except those licensed from others); (b) any Products and portions therefore; (c) all things otherwise provided to you as a part of The company services.  The company does not grant you any rights to any use and Intellectual Property contained within the Products, images, text or as may be available to you generally through the Sites specially and not limited to www.gabyhr.com   You agree not to make unauthorized use of or otherwise infringe upon The Company Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so. The Company  will take whatever legal action is necessary to protect its Intellectual Property to protect in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms.
So long as you comply with this Terms of Use, The Company grants you a non-exclusive license to view the images posted at www.gabyhr.com and which is not to included any reproduction, copying, or any other use of the Products or free downloadable material for resale or distribution (“Permitted Use”), provided that you:  
(1) abide by all copyright protections provided by Abu Dhabi , United Arab Emirates law; 

(2) do not use the Products or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and
(3) do not modify the Products in any way.  Such permission to modify Products consistent with Permitted Use in no way expands the limited license provided herein, nor does grant you intellectual property ownership in, or provide a general right to modification of, the Products..
Once The Company have sent the final link-gallery to the Client, please remember that it is your responsibility to download the Product immediately and securely back up all purchases. The Company is not liable for any loss or damage to Products that occur after download or any customer’s inadvertent or mistaken download.  The company will not reimburse you for such downloads, product nor service . The Company  will, “ONLY if available” and at your request, apply a one-time 950AED re-download fee if you request a new download link after 60 days of your purchase, this will cover administrative paper work , recovery and outsource Cloud storage of your heavy files having otherwise misplaced the images originally supplied by The Company.  The Company has NO obligation to back up the images, on your behalf , more than 30day after your reveal day and deliver of the files.
CONTACT
By using the Sites and entering personal information, you give The Company your absolute permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new Products and services or changes to the terms of the privacy policy. Should you prefer not to be contacted by e-mail, please let The Company know by emailing us here, and we will kindly refrain from doing so.
RETURN/REFUND POLICY
  • ANY and ALL payments that client has made are considered as NON-REFUNDABLE retainer and client agrees on that. If client requires a refund BEFORE and / or AFTER the photoshoot, ANY and ALL payments are considered as liquidated damages against PORTRAIT STUDIO forfeiting other opportunities to work on the clients booked date , it is considered as a non-recoverable loss in business.  
  • Client is entitle to RE-Schedule ONE time ONLY , using the SAME 800aed booking FEE. After that, if session doesnt takes place, amount is not refundable nor exchangeable for new date / time. Client agrees on terms and conditions prior submitting any payment to the company.
  • In the case photoshoot never took place on booked day/time, any payments will be applied to future services in a time frame no longer than 6months maximum, after that, ALL payments are considered as liquidated damages at the Company’s favor. Rescheduling and rebooking will only take place if The Comapny is available to shoot the session on the newly requested date.
  • Pricing reflected are guaranteed for 30 days from Clients first meeting/contact , prices are subject to changes at any time without prior notification. The Company has NO obligation to hold the OLD prices .
  • The Company is NOT responsible from any loss data, loss Clients photos,  loss of profits, whether or not the Company has been advised of the possibility of such damages or any other theory loss or misuse rising from computers failure, any user’s usage of the website or product/service provided by the Company. Notwithstanding anything to the contrary contained herein, Client’s exclusive remedy and The Company’s total liability to you, if any, for any claim whatsoever and regardless of the claim theory (whether based on contract, tort, warranty, indemnification or otherwise) or the existence of multiple claims , will at all times be limited to an amount “EQUAL” to the verified amount paid by , if any, by the Client to the Company for the product and/or service.
  • There is NO refunds for any printed product.
Considering the nature of our custom–made  digital products; all sales are FINAL,  NON-refundable nor exchangeable for new ones and client agrees on that by written.
Session fees will not be altered or discounted regarding our client(s) mood , posing & face expressions. There is NO re-shooting nor refunds available. The company have NO obligation to re-edit, replace images nor refund when final art-work(s) havent reached the client expectations.  Photographer performance will entirely depend on what your family & baby/kids allows during the session.  You acknowledge that once the client has received the images at any shape, form or size, digital or printed... ALL images, products and materials are non-refundable, nor exchangeable and not returnable, under any circumstances. All sales are final. Unsatisfied clients might have the option to buy individual DIGITAL-images at the rate of 800dhs each ( 8X10 inches size/100 DPI).  IMAGES/ART WORKS ARE PROVIDED “AS IS”. THE CLIENT TRUST THE COMPANY’S ART, STYLE AND VISION. The 800dhs fee is NEVER refundable, it covers the time booked and/or used regardless of kids/babies behavior and/or adult face expressions .  You are entitle to a 100% refund "JUST" in the case the session has been cancelled due to death, lighting and/or equipment malfunction where the photographer was unable to perform. If client refuses a re-Schedule, refund will be done ONLY through the ORIGINAL MODE OF PAYMENT on a 15 working day time frame.
LIMITATION OF LIABILITY AND INDEMNIFICATION : EXCEPT AS PROHIBITED BY LAW, THE COMPANY SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER HUMAN BEING DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, MATERIALS, PRODUCTS AND SERVICES, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION. EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO THE COMPANY, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.
GOVERNING LAW; VENUE
These Terms shall be construed in accordance with, and governed in all respects by, the laws of Abu Dhabi – United Arab Emirates.  Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of Abu Dhabi courts . The Company reserves the right to change or modify these Terms & Conditions at any time without prior notice to You. Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of The Company’s Products, Materials and services. Any questions regarding the above Terms may be directed to: newbornsbygaby@gmail.com

 

 

GIFT CARDS: Terms & Conditions

Please read these terms and conditions (the "Gift Card Terms and Conditions") carefully and keep a copy for your records.

Meanings

  • In these Terms: "We" or "us" or "our" or "the Company" means “Gaby Photography”.
  • "you" or "your" means the person who has purchased and/or received any of our “Gift Card” thru our partners, associates, representatives, agent and/or employees
  • "you" or "your" also means the person nominated by the purchaser to use it ("the user").
  • These Gift Card Terms and Conditions will apply between you and us in relation to the Gift Card.

Gift Card Information

  • The Gift Card is a prepaid card and should be treated with that importance
  • You won’t be able to cash the amount described. Total value is to be used at “Gaby Photography” when you decide to purchase any of the “Company’s”  product and/or services.
  • Your Gift Card cannot be replaced if lost, damaged or stolen. If you lose the Gift Card or it is stolen, you will lose any funds held on the Gift Card just as if you lost your wallet or purse.
  • The Gift Card can only be used at “Gaby Photography” in exchange for goods and/or Services.
  • “Gaby Photography” distributes, as part of our marketing purposes, “500aed Gift Cards” thru our partners, associates, representatives, agent and/or employees. If you got any of our 500aed “Gift Card”, be aware that has NO cash value and you will be able to redeem ONLY when you purchase our BLACK LABEL  photo Session
  • Gift Card Certificate must be present at the day of your photo shoot. Cannot be combined with promotional offers, applied to previous sales or void where prohibited. This is a One-time gift card and can be redeemed only ONCE. ONE gift card per transaction, cannot be cumulated and invoice cannot be split.  Constitutes acceptance of Portrait Studio policies, terms and conditions.
  • ALL “Gaby Photography” photo shoots are by appointment ONLY and subject to availability.
  • ALL “Gaby Photography” Gift Cards are NON refundable nor exchangeable.
  • The Gift Card is not a debit, credit or charge card. It cannot be used to obtain cash via request nor any machine.  The Gift Card cannot be topped up or reloaded.
  • Any misuse or lost by a third party will be at your risk
  • The purchaser of the Gift Card must pay the funds to be loaded to the Gift Card, ONLY when the funds are reflected at the “Company’s bank statement, the Gift Card will be activated and ready for use.
  • The Gift Card will be valid for 2 months ONLY or PRIOR your baby reaches the age of 13month old, AFTER that,  your Gift Card will expire and may not be used , nor renewed, NO exceptions.
  • The Gift Cards are available Online, by phone , at “Gaby Photography” and / or  thru any of the “Company’s” representatives, subsidiaries, associates, branches, assignees, agents or other connected parties (including the Issuer's third party advisers and marketing partners).
  • Once you have sent “Gaby Photography” the payment thru any available method, in concept of your Gift Card, you automatically accept ALL the “Company’s” Rules, Terms and Conditions with NO exceptions.
  • Transactions that exceed the remaining Gift Card balance, can be paid at the point of sale using the “Company’s” different payment methods.
  • You agree that the “Company”  will retain the printed Gift Card as partial and/or total payment in concept  of your purchase of goods and/or services authorized by you.
  • When you authorize a transaction by providing the ORIGINAL PRINTED Gift Card:
    a- you are confirming that the transaction correctly represents the purchase price of the goods or services obtained; and
    b- you are agreeing to pay the amount of that transaction by the reduction of the remaining Gift Card value.

Redeeming Unspent Funds

  • Be aware that you should use all of the value of the Gift Card on a SINGLE transaction and before our general expiry date recognized as every December 31, every year.  You may NOT redeem the balance of any unspent funds on the Gift Card.

Actions and Changes by Us

  • We may from time to time change these Gift Card Terms and Conditions. We may from time to time take such actions and/or make such changes as we reasonably consider to be necessary for any of the purposes of making more efficient the working of the Gift Card(s) to fit our “Company” and all our representatives, subsidiaries, associates, branches, assignees, agents or other connected parties (including the Issuer's third party advisers and marketing partners from where you got the Gift Card from.  If we do any of the above, we will give you as much notice and in such manner as is reasonably practicable (unless circumstances are exceptional).

 

Ownership/Return/Cancellation/Destruction of the Gift Card

  • We retain ownership of the Gift Card at all times. It should be returned to us or destroyed as soon as it has no spending or redemption value.
  • We may decide to cancel a purchased Gift Card at any time without informing you in advance. If we do, you will be able to receive the balance on your Gift Card. All our gifted 500aed gift cards doesn’t NOT apply .
  • Your Gift Card will be terminated when your Gift Card has been used to purchase any of our product /services . You MUST use ALL balance at the SAME transaction and in such event, you will not have a claim for compensation against us.

Using Information About You

  • You irrevocably authorize and permit the Issuer to disclose and furnish such information that it deems fit concerning you including but not limited to the card governed by these Terms and Conditions to the Issuer's authorized representatives, subsidiaries, associates, branches, assignees, agents or other connected parties (including the Issuer's third party advisers and marketing partners).
  • Governing Law and Jurisdiction The Terms and Conditions are governed by and shall be construed in accordance with the laws of the Emirate of Abu Dhabi and the Federal Laws of the UAE and you hereby submit irrevocably to the non-exclusive jurisdiction of the civil courts of the Emirate of Abu Dhabi. Such submission shall however not prejudice the rights of the Issuer to bring proceedings against you in any other jurisdiction.

Liability and Error Resolution Procedures

  • We are not liable for any prohibited use or misuse of the card whatsoever. Furthermore, you acknowledge that the Gift Card may not be used to purchase any goods or services outside “Gaby Photography”  
  • You understand that this Gift Card can be used ONLY at “Gaby Photography” and is NOT refundable nor exchangeable in the case the person you gifted has determined doesn’t want to use “Gaby Photography” product/Services.
  • You won’t be able to use this Gift Card if you are under 18/21 years of age without the presence of your legal guardian who shall provide his/her written consent prior your session with the “Company
  • We are not liable if you do not have sufficient funds on your Gift Card to cover the final product/service of your choice, in those cases, you must pay the remaining balance to cover the total bill or stick with the amount stated at your gift Card.
  • If there is a misunderstood, problem or dispute with a purchase of goods or services, you must address it directly with “Gaby Photography”.
  • In case of any errors on your Gift Card, contact us immediately by calling at 0562228303
  •  “Gaby Photography” To the extent permitted by law, we will not be liable to you for any loss or damage (whether direct or consequential), nor be in default under these Gift Card Terms and Conditions, for failure to observe or perform any of our obligations for any reason or cause which could not, with reasonable diligence, be controlled or prevented. These causes include, but are not limited to, acts of God, acts of nature, acts or omissions of government or their agencies, strikes or other industrial action, fire, flood, storm, riots, power shortages or failures, sudden and unexpected system failure or disruption by war or sabotage, and other acts or omissions of third parties.
  • Partial Invalidity In any one or more phrases, sentences, clauses, or paragraphs contained in these Gift Card Terms and Conditions shall be declared invalid by the unappealable order, decree or judgment of any court, the Gift Card Terms and Conditions shall be construed as if such phrases, sentences, clauses or paragraphs had not been inserted in the Gift Card Terms and Conditions.
  • Assignment, We may assign any or all of our rights and obligations hereunder to any third party as we freely deem fit.

 

WARNING * All rights reserved © Copyright 2017. PORTRAIT STUDIO©