Only1AndyWright Terms & Conditions & Privacy Policies 

Terms and Conditions/ Privacy (Last Updated: September 21, 2020)  

PLEASE READ THESE TERMS AND CONDITIONS OF USE (THE “TERMS”) CAREFULLY, AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. 

This Website is provided by Only1AndyWright (“ Only1AndyWright,” “we” or “us”). The mailing address for Only1AndyWright iis 344 Lancaster Street West, Kitchener, ON, N2H 4V7. The contact email address for any correspondence as documented within these Terms & Conditions is team@only1andywright.com 

These Terms May Change 

We reserve the right to update or modify these Terms at any time without prior notice. Your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms as changed. For this reason, we encourage you to review these Terms whenever you use this Website 

User Conduct 

You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or any content accessible from the Website. You agree not to use the Website in any manner that might interfere with the rights of third parties or that violates any applicable Federal, Provincial, local or international law, rules or regulations. You agree not to provide any information through the Website that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. You further agree not to attempt to access any Secured Features or User Content (defined below) that is not intended for you. The Website is not intended for use by children under the age of 13. Use of the Website is void where prohibited by applicable law. 

In its sole discretion, in addition to any other rights or remedies available to Only1AndyWright and without any liability whatsoever, Only1AndyWright at any time and without notice may terminate or restrict your access to any component of the Website. 

User Accounts and Security 

We may restrict access to some parts or features of this Website to users with registered accounts or other access credentials (the “Secured Features”). To access the Secured Features, you may be asked to provide certain information. You are responsible for the security and privacy of any account credentials you establish, such as your username and password, if applicable. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Only1AndyWright representative. Only1AndyWright recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session. 

All login names and passwords remain the property of Only1AndyWright, and may be cancelled or suspended at any time by Only1AndyWright without any notice or liability to you or any other person. Only1AndyWright is not under any obligation to verify the actual identity or authority of the user of any login name or password. You must immediately notify Only1AndyWright of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

You acknowledge that no website or system (including this Website) is completely secure or free of risk. If you supply any personal or other information through this Website, you agree that we will not be responsible for any third party’s unauthorized access to or use of such information. 

Transactions 

If you make a purchase, order custom products, schedule an appointment or otherwise transact with us through this Website, such transactions are also governed by the policies, terms and conditions, if any, specific to the product or service that are communicated to you before confirming the transaction, for example terms made part of an e-commerce checkout process or limitations stated in promotional materials. We use PCI DSS Level 1 Service Providers to encrypt your personal credit information, including your credit card number, before it travels over the Internet. For further details and information please visit https://stripe.com/en-ca and https://www.waveapps.com/ review their terms before making any transaction through this Website. All prices quoted are payable in Canadian Dollars and, unless otherwise stated, do not include GST, PST, QST or HST. All sizes quoted are approximate. Only1AndyWright reserves the right to limit quantities; reject, correct, cancel or refuse orders, and to terminate accounts, in its discretion, including, without limitation, if Only1AndyWright believes that customer conduct violates applicable law or is harmful to the interests of Only1AndyWright or any third parties. 

Only1AndyWright requires all parties responsible for processing or storing personal information to protect it, regardless of where it is stored, in accordance with the applicable laws of Canada and Only1AndyWright policies. 

Intellectual Property 

Only1AndyWright logo and marks 

The Only1AndyWright logo and trademarks may be used only on the Only1AndyWright Website and by permitted users who have signed agreements with Only1AndyWright. 

IMAGES 

Except as specifically authorized through the sale of a product or service, or on a contract or written release signed by us, images and information from this site may not be reproduced in any way. UNDER Bill C-11 OF THE COPYRIGHT MODERNIZATION ACT – CANADIAN PHOTOGRAPHERS ARE BY DEFAULT THE FIRST OWNERS OF THE COPYRIGHT OF ANY IMAGES THEY PRODUCE, THEREFORE All images created by Only1AndyWright are the property of Only1AndyWright and its corporate affiliates, and may only be used with permission. 

Only1AndyWright Content 

All of the content on the Website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, public access galeries, secure client galleries, and text (collectively “Content”), are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Only1AndyWright, one of its corporate affiliates or by third parties who have licensed their materials to Only1AndyWright. The entire Content of the Website is copyrighted as a collective work under Canadian and international copyright laws, and Only1AndyWright owns a copyright in the selection, coordination, arrangement and enhancement of the Content. Except as otherwise provided in a written agreement from Only1AndyWright, the Content of the Website, and the site as a whole, are intended solely for personal, noncommercial use by the non-client users of our site. 

You may download, print, store and use selected portions of the Content, provided you : 1 – Have a contractual agreement with Only1AndyWright granting commercially licenced use of client gallery content. 

2 – only use these copies of the Content for your own personal, non-commercial use, 

3 – do not copy or post the Content on any network computer or broadcast the Content in any media 4 – do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Only1AndyWright reserves complete title and full intellectual property rights in any Content you download from this Website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute,

transmit, transfer or create derivative works from the Content without first obtaining written permission from Only1AndyWright. 

Submissions 

We welcome your comments regarding the Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to us (other than User Content, defined below) shall be and remain the exclusive property of Only1AndyWright Your submission of any such Comments shall constitute an assignment to Only1AndyWright of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Only1AndyWright will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. 

Disclaimers 

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES AND THE EXCLUSION OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS BELOW MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 

THIS WEBSITE IS OPERATED BY ONLY1ANDYWRIGHT ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. ONLY1ANDYWRIGHT DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ONLY1ANDYWRIGHT DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OR SERVICES OFFERED ON THIS SITE. WITHOUT LIMITING THE FOREGOING, ONLY1ANDYWRIGHT DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. ONLY1ANDYWRIGHT DISCLAIM ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION. ONLY1ANDYWRIGHT DO NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT ANY THIRD PARTY WEBSITE YOU MAY ACCESS THROUGH THE WEBSITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE. ONLY1ANDYWRIGHT MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF CANADA. 

Limitation Of Liability 

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS BELOW MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 

UNDER NO CIRCUMSTANCES SHALL ONLY1ANDYWRIGHT OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY ONLY1ANDYWRIGHT BUSINESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. 

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS

FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF ONLY1ANDYWRIGHT UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). 

Indemnification 

You understand and agree that you are personally responsible for your behavior in connection with the Website. You agree to indemnify, defend and hold harmless Only1AndyWright from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (a) your User Content (b) use or misuse of the Website by you or any other person who accesses the Website using your account, or (c) any violation of these Terms. 

Governing Law and Jurisdiction 

All matters relating to use of this Website and any content, information or materials accessible on it, and any disputes or claims arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of Canada and the Province of Ontario, without regard to or application of any choice-of-law or conflict-of-laws principles, provisions, or rules thereof. The exclusive jurisdiction for any claim, action or dispute with Only1AndyWright or relating in any way to your use of the Website or a purchase made on the Website will be in the courts of the Province of Ontario unless required otherwise by applicable laws of your province of residence. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THIS WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES OR ARISES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

General Provisions 

● Entire Agreement. These Terms, our Privacy Policy, and any other relevant Only1AndyWright documents or policies constitute the entire agreement between you and us with respect to this Website, and supersede all prior understandings, agreements, representations and warranties related thereto. No amendment to these Terms will be valid unless made by Only1AndyWright. 

● Waiver; Severability. No waiver of any provision or breach of these Terms shall be effective unless made in writing, or shall be construed to be a continuing waiver of such provision or breach. In the event any portion of these Terms is held to be invalid or unenforceable, such portion shall be construed as nearly as possible to reflect the original intent of the parties, or shall be severable from these Terms. 

● Correction of Errors and Inaccuracies. The information on this Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you. 

● Questions or Comments. If you have any questions or comments related to these Terms or this Website, please contact us through any means described in the “Contact Us” features of this Website or by email to team@only1andwright.com It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais. 

PRIVACY  

At Ony1AndyWright, we are sensitive to the privacy concerns of the communities we serve, and want to ensure they understand the ways we collect, use and protect the personal information that they provide to us. This policy explains our information practices pertaining to this website and our photography business, and the choices you, as an Only1AndyWright customer or a visitor to this site, can make about the collection and use of your information.

What personal information does Only1AndyWright collect in the course of its business operations? How is that information used? 

Customer Information 

We limit the use, disclosure and retention of your personal information. We only collect personally identifiable information about you if you specifically provide it to us. This includes, for example, the information you provide when you schedule an appointment, place an order, contact customer service, register for a service, respond to a survey or enter a contest. We use this information you share with us only for the purposes for which it was collected, including: 

● to provide the products, services or benefits you request; 

● to respond to your questions and concerns; 

● to develop and improve our products and services; 

● to improve the content of our site and its usefulness to you; and 

● to communicate with you about our products, services, promotions and special offers. 

Consent to use personal information 

By using this website or transacting business with Only1AndyWright, you consent to our collection, use and disclosure of the personal information you provide to us as described in this Privacy Statement, or as otherwise permitted by law. 

How long does Only1AndyWright keep the personal information it collects? 

Customers who purchase images and/or establish a website account for viewing, sharing and ordering photos should check the image retention policy or Terms of Service for the applicable website. If you are a customer or website account owner, you may contact us directly (see below) at any time to initiate account deletion. We reserve the right to condition our compliance with your request on proof of your identity and/or relationship to the subject(s) whose images are stored. 

When might we provide other parties with your personal information? 

Only1AndyWright will not sell or license your personal information to others. 

If you choose to share personal information with Only1AndyWright through this website or by transacting business with us, we may share it within Only1AndyWright. We may also share this information with third party service providers who provide support services to us or help us with our marketing programs. If so, these parties are only authorized to use the information solely in conjunction with the specific service they provide to or on behalf of Only1AndyWright. 

Law enforcement 

Under certain circumstances, Only1AndyWright may be required to disclose your personal information if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency). Other legal requirements. The data may be disclosed with the understanding that such action is necessary to: ● Protect and defend the rights or property of Only1AndyWright 

● Comply with Provincial or Federal legal obligation 

● Prevent or investigate possible wrongdoing in connection with providing of services by Only1AndyWright ● Protect the personal safety of clients, or the public 

● Protect against legal liability 

How does Only1AndyWright safeguard personal information? 

Only1AndyWright has implemented safeguards reasonably designed to protect against unauthorized access and disclosures of all personal information under its control, including appropriate technical, physical and administrative safeguards and security measures.

Accuracy 

We want to keep your personal information up-to-date, accurate and relevant for its intended use. We rely on you to let us know if your address, telephone number or other information you provide us changes, so that we may provide you with the best possible service. 

Other information we collect through this website 

In addition to personal information you provide through our website, Only1AndyWright uses technologies that let us know what type of browser you are using, the website from which you enter Only1AndyWright, and the pages you view as you tour our site. This technology does not identify you personally – it simply helps us compile statistics about our visitors and their use of our site. We may use these statistics and share them with third parties to improve our website design and content and in connection with marketing programs. 

A “cookie” is a small data file stored by your web browser on your computer’s hard drive. Cookies are necessary to use the site. A cookie allows our web server to balance customer traffic on our website to enhance performance of the service. If you disable your cookies, you may not be able to visit our site. After you end your session, the cookie from the web server will remain on your computer until you manually delete it. No personal information is stored on this cookie. Accepting cookies through your web browser is your personal choice. However, if you choose not to accept cookies, you may not be able to take full advantage of this website’s features. 

If you do not wish to receive promotional information as a result of using the Only1AndyWright website, what should you do? 

Our goal is to inform you about our products and services, including special promotions and coupons. If you are contacted and do not wish to receive further information or contacts, you may “unsubscribe” at any time by contacting us to indicate you do not want further promotional information or contacts. If contacted by e-mail please specify ‘unsubscribe’ in the header. We will act promptly to honour your request. Please be aware that, even if you have opted out of receiving marketing communications from us, we may still contact you for transactional purposes. Some examples are contacts for customer service, order updates, schedule changes and appointment reminders. 

Access 

You have the right to access, update and correct inaccuracies in your personal information in our custody or control. To access your personal information, a request must be submitted in writing to us (see contact information below). We will respond to your request for access or information in a reasonable time. There may be times when we are unable to fulfill your request – for example, if providing access to your personal information would reveal confidential commercial or proprietary information or personal information about someone else (and we are unable to separate your data), or if we are prohibited by law from disclosing the information. We may request certain personal information for the purposes of verifying the identity of the individual seeking access to their personal information records. 

Children 

We do not knowingly collect through our website the personally identifiable information from children under the age of 13. If we discover that a child has provided Only1AndyWright with personally identifiable information through our website, we will do our best to delete it. If you are the parent or guardian of a child who has provided such information to us, we ask that you contact Only1AndyWright – please contact by email: team@Only1AndyWright.com, and we will do our best to delete the child’s personal information from our files.

No control of third party sites 

Please be aware that websites that link to Only1AndyWright may collect personally identifiable information about you. You should consult the other sites’ privacy policies as we have no control over information that is submitted to, or collected by, these third parties. 

For Clients Within The EU 

Only1AndyWright may process personal data under the following conditions: 

● Consent – As a client you have given your consent for processing personal data for one or more specific purposes by Only1AndyWright. 

● Fulfilment of contracted services – As a client of Only1AndyWright you the provision of your personal data is necessary for the performance of an agreement with you (for the sake of sharing files and finished goods) and/or for any pre-contractual obligations thereof. 

● Legal obligations – As a client the processing of your personal data is necessary for compliance with a legal obligation to which Only1AndyWright is subject. 

● Vital interests – As a client of Only1AndyWright the processing of your personal data is necessary in order to protect either your vital interests or those vital interests of another natural person. ● Public interests – As a client the processing of your personal data is related to a task that is carried out in the public interest or in the exercise of official authority vested within 

Only1AndyWright. 

● Legitimate interests – As a client the processing of your personal data is necessary for the purposes of the legitimate interests pursued by Only1AndyWright. 

Only1AndyWright will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of any personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract via a request in writing. 

Your rights under the General Data Protection Regulations (GDPR) 

Only1AndyWright undertakes to respect the confidentiality of client data and to guarantee that you can exercise your rights under this privacy policy, and by law if you are within the EU, to: 

● Request access to your personal data – As a client you have the right to request in writing to access, update or delete the information Only1AndyWright maintains about you. You are entitled, upon request, to access, update or request deletion of your personal data directly within your account settings section. This includes the correction of any incorrect data. If you require assistance to perform these actions please contact us to assist you. 

● Object to processing of your personal data – As a client this right exists where Only1AndyWright are relying on a legitimate interest as the legal basis for our processing of your data, and that there is something about your circumstances or particular situation, which makes you want to object to our processing of your personal data. You also have the right to object as to where we are processing your personal data, with respect to direct marketing purposes, via a request in writing to Only1AndyWright. 

● Request the full deletion and erasure of your personal data – As a client you have the right to request in writing that Only1AndyWright deletes or removes any personal data when there is no good reason for its continued use by Only1AndyWright. 

● Request for a transfer of your personal data – As a client you have a right to request in writing that we provide you, or an approved third-party that you have chosen, your personal data in a format that is structured, commonly used, and machine-readable. Please note that this right only applies to automated information which as the client, you would have initially provided consent for Only1AndyWright to use or where Only1AndyWright has used the information to perform contracted services for you. 

● Withdraw your consent – As a client you have the right to request in writing to withdraw your consent on using your personal data. Please be aware that If you do withdraw your consent, Only1AndyWright may not be able to provide you with access to certain specific functionalities of our services.

Exercising of your GDPR Data Protection Rights 

You may exercise your rights of access, rectification, cancellation and opposition by contacting us with a request in writing. Please note that in the interests of protecting your data, we may ask you to independently verify your identity before responding to such requests. If you make such a request, Only1AndyWright will try to respond to you as soon as possible. 

You have the right to complain to a Data Protection Authority about the collection and use of your personal data by Only1AndyWright. For more information, if you are in the European Economic Area (EEA), then please contact your local data protection authority in the EEA. 

Changes to our privacy policy 

As we implement new technology and introduce new services, we will update this page, so we encourage you to review it often. We reserve the right to change our Privacy Statement at any time without advance notice. Should any new online policy go into effect, we will post it on this site, and the policy will apply to all personal information collected. 

Further information 

For further information regarding Only1AndyWright’s privacy policies, please contact by email: team@Only1AndyWright.com 

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