Terms and Conditions
Last updated: 07 November 2024
Introduction
1.1 These Terms and Conditions govern your use of Photo Kaizen (referred to as "the Website"), a platform where photographers can submit their work for expert critique. The Website is owned and operated by Photo Kaizen and Matt Palmer (referred to as "We", "Us", or "Our").
1.2 By using the Website, you agree to comply with and be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you should cease using the Website immediately.
1.3 We reserve the right to change these Terms and Conditions at any time. Any changes will be posted on the Website and, where appropriate, notified to you by email. Your continued use of the Website following any changes constitutes your acceptance of the new Terms and Conditions.
1.4 These Terms and Conditions should be read alongside, and in addition to, our Privacy Policy.
1.5 Access to and use of the Website is provided free of charge. Charges may apply for specific services offered through the Website, such as expert critiques. Any such charges will be clearly communicated before you incur them.
1.6 By using the Website, you warrant that you are at least 18 years old or, if you are under 18, that you have obtained parental consent to use the Website and to be bound by these Terms and Conditions.
Definitions
In these Terms and Conditions, unless the context requires otherwise, the following expressions have the following meanings:
"Account" refers to the user account you create to access and use Photo Kaizen's services.
"Content" means any text, images, videos, audio, or other material uploaded to or created on the Photo Kaizen platform.
"Critique" refers to the feedback and critique provided by Photo Kaizen's experts on submitted photographs, projects, book designs, websites or any other submitted material.
"Expert" means a photography professional engaged by Photo Kaizen to provide critiques.
"Intellectual Property Rights" means all patents, rights to inventions, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
"Photo Kaizen," "we," "us," or "our" refers to Photo Kaizen, the provider of the Photo Kaizen platform and services.
"Services" means all services provided by Photo Kaizen, including but not limited to photograph critiques, educational content, and any associated features or functionalities.
"Terms" or "Terms and Conditions" refers to these terms and conditions that form the entire agreement between you and Photo Kaizen regarding the use of our Services.
"User," "you," or "your" refers to the individual or entity using Photo Kaizen's Services.
"Website" means the Photo Kaizen website located at www.photokaizen.co
User Registration and Accounts
3.1 In order to submit photographs for critique or access certain features of the Website, you may be required to register for an account.
3.2 When registering for an account you are solely responsible for maintaining the confidentiality of your account and password.
3.3 You agree to accept responsibility for all activities that occur under your account. If you believe there has been unauthorized use of your account, you must notify us immediately.
3.4 We reserve the right to refuse registration, cancel accounts, or remove or edit content at our sole discretion.
3.5 You must be at least 18 years old to create an account. If you are under 18, you must have the permission of a parent or guardian to create an account and use our services.
3.6 You may not use another user's account without permission. We are not responsible for any loss or damage resulting from unauthorized use of your account.
3.7 Your account is non-transferable. You may not sell, trade, or transfer your account to another party.
3.8 We may suspend or terminate your account if we determine, in our sole discretion, that you have violated these Terms and Conditions or if your use of the Website poses a risk to Photo Kaizen or other users.
3.9 If you wish to delete your account, please contact us at accounts@photokaizen.co. Please note that some information may remain in our records after deletion of your account.
Submission of Photographs
4.1 By submitting photographs to Photo Kaizen, you represent and warrant that:
- a) You are the sole author and owner of the intellectual property rights to the photographs.
- b) The photographs do not infringe upon the rights of any third party.
- c) You have obtained all necessary releases and permissions for submission to our website if your photographs include recognizable individuals or private property.
4.2 You retain all ownership rights to the photographs you submit. By submitting photographs, you consent to Photo Kaizen hosting your images on our website or storage services as necessary to provide the critique service. This consent is limited to the purposes of delivering the service you have requested.
Additionally, you may optionally choose to grant Photo Kaizen permission to use your photographs for promoting the website, our services, and on our social media channels. If you grant this permission and we use your photograph for promotional purposes, we will ensure that you are credited and promoted as the photographer. This additional use is optional and not required to use our critique service. By default this permission is turned off.
4.3 You are solely responsible for the content of the photographs you submit. We do not claim ownership of your content, but we may use it for providing our critique services and improving our platform.
4.4 Prohibited content: While we respect artistic expression and recognize that art can be provocative, you may not submit photographs that:
- a) Are illegal or unlawful in nature;
- b) Sexualize minors;
- c) Infringe on copyrights or trademarks;
- d) Violate an individual's privacy rights;
- e) Contain hate speech or promote discrimination;
- f) Are intended to harass, bully, or threaten others.
We reserve the right to make determinations about prohibited content on a case-by-case basis. If you're unsure about whether your content is appropriate, please contact us at support@photokaizen.co for clarification before submitting.
4.5 If you believe that any content on our Website violates your copyright, please contact us at support@photokaizen.co.
4.6 We strive to maintain the confidentiality of your submitted photographs, but we cannot guarantee absolute security. By using our services, you acknowledge this risk.
4.7 Submitted photographs that have received critiques will be periodically deleted from our systems, unless you have opted-in to allowing us to promote them. You acknowledge that while we have removed these images, copies may remain viewable in cached and archived pages.
4.8 For any questions or concerns about photograph submissions, please contact us at support@photokaizen.co.
Critique Process
5.1 Photo Kaizen provides a platform for photographers to receive expert critiques on their submitted photographs. The critique process is as follows:
5.2 Expert Selection: Critiques are provided by photography experts selected by Photo Kaizen. Our selected experts are industry leaders who are not only successful in their field but are also recognized by their industry through awards and other accolades. They are chosen for the quality of their image critique and education. While we strive to ensure the quality and expertise of our experts, if you are unhappy with the quality of your critique, you may email us at support@photokaizen.co to have that critique reviewed. We would also love to receive your feedback on the quality of your critique.
5.3 Critique Delivery: Once you submit a photograph for critique, we aim to deliver the expert feedback within 7 days, though it is usually completed within 3 business days. However, this timeframe is not guaranteed and may vary depending on demand and other factors.
5.4 Critique Content: Critiques may include, but are not limited to, comments on composition, lighting, technical execution, artistic merit, and suggestions for improvement. The specific content of each critique may vary.
5.5 Subjectivity of Critiques: Photography critique inherently involves subjective opinions. The critiques provided represent the individual views of the expert reviewers and do not necessarily reflect the views of Photo Kaizen.
5.6 Use of Critiques: The critiques are provided for your personal educational use. You may not reproduce, distribute, or commercially exploit the critiques without explicit permission from Photo Kaizen.
You may publish scores and awards you receive from Photo Kaizen in relation to the specific image rewarded or your own profile. You may not misrepresent a score or award as being for a different image than the one assessed.
5.7 Feedback on Critiques: If you have concerns about a critique you've received, please contact us at support@photokaizen.co. While we cannot guarantee changes to critiques, we value your feedback for improving our services and may be able to resolve any issues.
5.8 Limitation of Liability: Photo Kaizen is not responsible for any actions you take or do not take based on the critiques provided. The decision to act upon any advice given in a critique is solely your responsibility.
5.9 Critique Retention: We may retain critiques indefinitely. This allows us to keep a record of your progress and involvement with our platform. We may use this historical data to:
- a) Provide you with insights on your photographic journey and improvement over time.
- b) Offer personalized rewards or recognition for your continued involvement and progress.
- c) Improve our services and tailor them to your evolving needs.
If you delete your account, this data will not be preserved. This means if you re-join the platform later, you may have to start your in-platform progress from the beginning.
5.10 Use of AI Technology: While your images will ALWAYS be critiqued by a human expert, AI technology may be used to assist in communicating or proofreading the critique. This allows us to utilize multilingual experts who may not have English as their first language, ensuring we can provide you with insights from the best photographers regardless of their native language.
Intellectual Property Rights
6.1 User Content: You retain full ownership and all intellectual property rights to the photographs you submit to Photo Kaizen. Nothing in these Terms transfers ownership of your content to us.
6.2 Limited License: By submitting photographs to Photo Kaizen, you grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, and display your photographs solely for the purpose of providing our critique services.
6.3 Promotional Use: If you have explicitly consented to the use of your photographs for promotional purposes, you grant Photo Kaizen a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, and display your photographs in connection with promoting our website, services, and social media channels. In such cases, we will always credit you as the photographer.
6.4 Critique Ownership: The critiques provided by our experts are the intellectual property of Photo Kaizen. You may not reproduce, distribute, or commercially exploit these critiques without our explicit permission.
6.5 Website Content: All content on the Photo Kaizen website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Photo Kaizen or licensed from its content suppliers, and is protected by international copyright laws.
6.6 Trademarks: The Photo Kaizen name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Photo Kaizen or its affiliates. You may not use these without the prior written permission of Photo Kaizen.
6.7 Third-Party Content: In cases where we use third-party content (such as stock images or licensed software), we have obtained the necessary rights to use such content on our website. You may not extract and use such third-party content without obtaining your own license from the relevant copyright owner.
6.8 Copyright Infringement: If you believe that any content on our website infringes upon your copyright, please contact us immediately at support@photokaizen.co with details of the alleged infringement.
6.9 Fair Use: Nothing in these Terms is intended to restrict your rights to use our content on our website in ways permitted by applicable copyright laws, such as for the purposes of criticism, comment, news reporting, teaching, scholarship, or research.
6.10 Digital Badges and Certificates: Based on the feedback and critique you receive, Photo Kaizen may award you digital badges or certificates recognizing the achievement of certain standards as determined by our experts. In relation to these badges and certificates:
- a) Photo Kaizen retains ownership of the intellectual property rights to these badges and certificates.
- b) You are granted a non-exclusive, non-transferable license to use these badges and certificates in connection with your photography, specifically for the photograph(s) for which they were awarded.
- c) You may display these badges and certificates on your personal website, social media profiles, or professional portfolios to showcase your achievement.
- d) You must not misrepresent the meaning or scope of these badges or certificates. They apply only to the specific photograph(s) for which they were awarded and do not constitute a general endorsement of all your work by Photo Kaizen.
- e) You must not claim that these badges or certificates apply to photographs that have not met the required standards or have not been evaluated by Photo Kaizen.
- f) Photo Kaizen reserves the right to revoke your license to use these badges or certificates if we determine they are being misused or misrepresented.
User Conduct
7.1 General Conduct: While using Photo Kaizen's services, you agree to conduct yourself in a respectful and professional manner. This applies to all interactions with Photo Kaizen representatives, including but not limited to customer support staff and critique experts.
7.2 Respect for Critiques: By submitting your work for critique, you acknowledge that you may receive feedback that you disagree with. You agree to receive all critiques in a constructive spirit, understanding that differing opinions are part of the artistic process.
7.3 Public Discussion: While you are free to discuss your experience with Photo Kaizen and share the content of your critiques, you agree not to do so with the intention of mocking or abusing our experts. This includes, but is not limited to, posting derogatory comments about experts or their critiques on social media, forums, or other public platforms.
7.4 Feedback Channels: If you have concerns about a critique or the conduct of a Photo Kaizen representative, we encourage you to address these through our official feedback channels by contacting support@photokaizen.co.
7.5 Consequences of Misconduct: Photo Kaizen reserves the right to suspend or terminate the accounts of users who engage in abusive behaviour, violate these conduct guidelines, or otherwise act in a manner detrimental to the Photo Kaizen service. This includes the removal of any acquired achievements.
Privacy and Data Collection
8.1 Privacy Policy: Our use of your personal information is governed by our Privacy Policy.
8.2 Data Hosting: PhotoKaizen uses an external host as a third-party service provider to host and process data. By using our service, you acknowledge and agree that your information will be transmitted to and stored by our suppliers for the purposes of providing our services.
8.3 Personal Information: We collect and use personal information (including, but not limited to, your name and email address) in accordance with the Data Protection Act 1998 and any subsequent data protection legislation applicable in our jurisdiction.
8.4 Use of Personal Information: We may use your personal information to:
- a) Provide our services to you, including photo critiques and account management.
- b) Process payments for our services.
- c) Inform you about new products and services available from us. You may opt out of receiving such information at any time.
- d) Send you achieved awards in the mail.
8.5 Third-Party Sharing: We will not share your personal information with third parties without your express permission, except where required by law, to protect our rights, or to provide our service.
8.6 Data Security: While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. You are responsible for maintaining the confidentiality of your account information and for restricting access to your computer or device.
8.7 Cookies and Tracking: Our website may use cookies and similar tracking technologies to enhance your experience and collect information about how the website is used. You can manage your cookie preferences through your browser settings.
8.8 Data Access and Correction: You have the right to access, correct, or delete your personal information held by us. To exercise these rights, please contact us at support@photokaizen.co.
8.9 Changes to Privacy Practices: We may update our privacy practices from time to time. Any changes will be reflected in our Privacy Policy, and significant changes will be notified to you directly.
8.10 Disclaimer: While we make every effort to ensure the accuracy and security of information on our website, we cannot guarantee that it will always be error-free or secure. Users are advised to take responsibility for their own internet security and the protection of their personal details.
Payment Terms
9.1 Pricing: The prices for our services are listed on our website. We reserve the right to change our prices at any time, but changes will not affect any services you've already paid for.
9.2 Payment Methods: We accept payments through Stripe, which allows for various payment options including:
Credit and debit cards
Apple Pay
Google Pay
Klarna
Afterpay/Clearpay
iDEAL
Przelewy24
Bancontact
Boleto
The availability of these payment methods may vary depending on your location. By providing payment information, you represent and warrant that you have the legal right to use the payment method you've selected.
9.3 Taxes: Prices listed may not include any applicable sales tax, VAT, or other taxes. These may be added to your total amount due where applicable.
9.4 Refunds: For your first order, you can request a full refund within 7 days of your purchase by contacting accounts@photokaizen.co. For all subsequent orders, refunds are at our discretion.
9.5 Failed Payments: If a payment fails, we will attempt to process the payment again. If the payment fails again, we may not be able to deliver the service until payment is successfully processed.
9.6 Promotional Offers: Any promotional offers or discounts are subject to the specific terms and conditions associated with that offer.
9.7 Payment Processing: Payments are processed securely through Stripe. Photo Kaizen does not store your full payment information. For more information on how Stripe handles your payment data, please refer to Stripe's privacy policy.
9.8 Disputes: If you believe that you've been charged incorrectly, please contact accounts@photokaizen.co within 30 days of the charge. We will review your claim and respond within a reasonable timeframe.
Limitation of Liability
10.1 Use at Your Own Risk: You use Photo Kaizen's services at your own risk. We provide our services "as is" without any express or implied warranties.
10.2 No Guarantee: While we strive to provide high-quality critiques, we do not guarantee any specific results from using our services. The application of advice received through our critiques is at your discretion and risk.
10.3 Accuracy of Information: We make reasonable efforts to ensure the accuracy of information on our website, but we do not warrant that this information is always error-free, complete, or current.
10.4 Exclusion of Liability: To the fullest extent permitted by law, Photo Kaizen shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
- a) Your use or inability to use our services
- b) Any conduct or content of any third party on our services
- c) Any content obtained from our services
- d) Unauthorized access, use, or alteration of your transmissions or content
10.5 Limitation of Liability: In no event shall Photo Kaizen's total liability to you for all damages, losses, and causes of action exceed the amount you have paid to Photo Kaizen in the last six months.
10.6 Applicable Law: Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
10.7 Indemnification: You agree to defend, indemnify, and hold harmless Photo Kaizen, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of our services or your violation of these Terms.
10.8 Force Majeure: Photo Kaizen shall not be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service.
Dispute Resolution
11.1 Governing Law: These Terms and Conditions and your use of Photo Kaizen's services shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.
11.2 Jurisdiction: You agree that any legal action or proceeding between you and Photo Kaizen shall be brought exclusively in the courts located in Victoria, Australia.
11.3 Attempt at Informal Resolution: Before initiating any legal action, you agree to make a good faith effort to resolve any dispute with Photo Kaizen informally. This can be done by contacting us at support@photokaizen.co with a description of your complaint.
11.4 Arbitration: If a dispute cannot be resolved informally, you and Photo Kaizen agree that any dispute, controversy, or claim arising out of or relating to these Terms will be referred to and finally resolved by arbitration in Victoria, Australia under the arbitration rules then in force.
11.5 Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
11.6 Limitation on Time to File Claims: Any cause of action or claim you may have arising out of or relating to these Terms or the Photo Kaizen service must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
11.7 Injunctive Relief: Notwithstanding the foregoing, Photo Kaizen may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction within Australia.
11.8 Severability: If any provision of this Dispute Resolution section is found to be unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
Changes to Terms and Conditions
12.1 Right to Modify: Photo Kaizen reserves the right to modify these Terms and Conditions at any time. We will notify users of any significant changes by posting a notice on our website or by sending you an email.
12.2 Effective Date: Any changes to these Terms and Conditions will be effective immediately upon posting on the Photo Kaizen website, unless otherwise stated.
12.3 Continued Use: Your continued use of Photo Kaizen's services after any changes to these Terms and Conditions constitutes your acceptance of the new Terms and Conditions.
12.4 Regular Review: We encourage you to review these Terms and Conditions periodically to stay informed of any updates.
12.5 Material Changes: If we make material changes to these Terms and Conditions that affect your rights or obligations, we will provide at least 30 days' notice before the changes take effect. During this period, you may choose to stop using our services if you do not agree with the changes.
12.6 Prior Versions: Photo Kaizen maintains records of previous versions of these Terms and Conditions for internal purposes and legal compliance. Access to these archived versions is restricted to authorized personnel and may be provided to relevant authorities or stakeholders as required by law or for legitimate business purposes.
12.7 Questions: If you have any questions about changes to these Terms and Conditions, please contact us at support@photokaizen.co.
Contact Information
13.1 Primary Contact Method: The primary method of contacting Photo Kaizen is via email. Please use the appropriate email address for your inquiry:
General Support: support@photokaizen.co
Partnerships: partnerships@photokaizen.co
Billing & Accounts: accounts@photokaizen.co
Affiliates: marketing@photokaizen.co
Careers: careers@photokaizen.co
13.2 Response Time: We strive to respond to all inquiries within 2 business days. However, response times may vary depending on the volume of inquiries we receive.
13.3 Business Hours: Our support team is available during standard Australian business hours, Monday to Friday. Exact hours of operation can be found on our website.
13.4 Language: All communication is conducted in English.
13.5 Updates to Contact Information: Any changes to our contact information will be updated on our website and in these Terms and Conditions.
13.6 Legal Notices: Any legal notices should be sent to our registered business address, which can be obtained by contacting support@photokaizen.co.
13.7 Social Media: While we maintain presence on various social media platforms, these are not official channels for support or formal communications. Please use the email addresses provided above for all official correspondence.