Terms & Conditions

Updated June 24th, 2018

 
A. General Terms

Before using the 360Refinery.com website (the “Website”), please review all of the terms included below, as the Terms and Conditions for the use

(“Use Terms”), the Terms and Conditions of Sale (“Sale Terms”), and Additional Terms, together with the Privacy Policy, govern your (“client,”

“you,” “your,” or similar terms) use of the website and any purchases that you make or attempt to make.

If you do not agree to these terms please exit and do not use the Website.

By continuing to use the Website after any update it is automatically understood that you accept and agree in full to be bound by, and consent to,

the current terms including any changes.

The 360Refinery.com website is operated by E.G. Productions Limited with registered address located at 1611B, 2-16 Fa Yuan Street, Mong Kok
Hong Kong SAR (360Refinery).


B. Terms and Conditions for the use of the 360Refinery.com website

(1) General.

All use of the 360Refinery.com website is subject to these Use Terms.

 

(2) Data Security and Privacy

(a) Privacy Policy.  The 360Refinery.com Privacy Policy governs the use of any personal information that you provide to 360Refinery on this

website or is otherwise collected through your use of the Website.

(b) Not intended for minors.  The website is not intended for those under 18.  By using the website you guarantee that you are 18 years of age or

older. Furthermore, we do not knowingly collect or solicit personal information from those under 18 (including those under the age of 13) or

knowingly allow such persons to register for an online account or to post personal information on our websites.

(c) Records.  Without limiting the terms of the Privacy Policy, you acknowledge and agree that 360Refinery may preserve any transmittal or

communication by you with 360Refinery through the Websites (or customer service), and may also disclose such data if required to do so by law

or 360Refinery determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Use

Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of 360Refinery, its

employees, users of or visitors to the Website, and the public.

 

(3) Intellectual Property

(a) Ownership.  The 360Refinery.com website and material on the 360Refinery.com website (including all intellectual property of any nature,

whether registered or unregistered, including drawings, designs, illustrations, photographs, videos, sound tracks, written text, logos, trademarks)

are the exclusive property of E.G. PRODUCTIONS LIMITED and its affiliates and subsidiaries. You may not reproduce by any means or process

(except as expressly provided herein), in whole or in part, distribute, publish, transmit, create derivative works based on, modify or sell any material

contained on the 360Refinery.com website.

The “360Refinery” trademark and all other 360Refinery related marks and logos, whether registered or not registered, displayed on the

360Refinery websites, as well as the domain name "360Refinery.com," and "360Refinery.cn" are and will remain the exclusive property of E.G.

PRODUCTIONS LIMITED. Any reproduction, distribution, transmission, modification, or use of any 360Refinery trademark for any purpose is

prohibited.

(b) Proprietary markings.  You may not remove any copyright, trademark or other proprietary notice contained on the 360Refinery website or any

content contained therein.

(c) Feedback.  You agree that any and all feedback, reviews, suggestions, designs, concepts, photographs, testimonials, and other items or

materials (except for your personal information) disclosed or submitted to 360Refinery through this Website or by other means ("Submissions")

are neither confidential nor proprietary to you and may be used by 360Refinery without restriction or compensation.  By making a Submission to

360Refinery, you grant to 360Refinery under all right, title and interest, including copyrights, in the Submission  a nonexclusive, royalty-free,

perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute,

display and otherwise fully exploit such Submissions. 360Refinery has no obligation (i) to keep any Submission confidential; (ii) to pay you or

anyone any compensation for any Submission or for using a Submission; or (iii) to respond to or acknowledge any Submission. You represent and

warrant that no Submission you make will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret,

privacy or other personal or proprietary right. By making a Submission, you agree that 360Refinery has the right (but not the obligation) to copy,

publish, distribute or use such Submission for any purpose, including, but not limited to, advertising, promotional, product development or other

commercial purposes, without compensation to you or to any other person. You are and shall remain solely responsible for the content of any

Submission you make.

 

(4) Linking

(a) Links to third party sites.  The 360Refinery websites may contain links to third party websites not under the operation or control of 360Refinery.  

All such links are provided as a convenience only and are not, and should not be interpreted as, an express or implied endorsement of such third

party websites or any products or services that may be offered thereon. 360Refinery shall have no liability or responsibility for the content,

availability, or otherwise in connection with such third party websites.  Any questions or concerns about third party websites should be directed to

the owners or operators of such websites.  Please review the terms and conditions that may be imposed by such websites, as they may be

different from these Use Terms.

(b) Linking only with authorization.  You may only provide a link (including deep linking) to the 360Refinery website if expressly authorized in writing

by 360Refinery.

 

(5) Use Restrictions

(a) No scraping.  You may not use any automatic device, program, or methodology (including, without limitation, “page-scrape,” “robot,” or

“spider”), or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website, to obtain or attempt to

obtain any materials, documents or information through any means not purposely made available through the Website.  360Refinery reserves the

right to bar any such activity.

(b) No circumvention.  You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks

connected to the Website by hacking, password “mining” or any other illegitimate means.

In addition, you may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or

authentication measures on the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the

Website, or any other customer of 360Refinery, or exploit the Website or any service or information made available or offered by or through the

Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than

your own information, as provided for by the Website.

(c) No interference.  You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website

or any transaction being conducted on the Website, or with any other person’s use of the Website.

(d) No unlawful use.  You may not use the Website for any purpose that is unlawful or prohibited by these Use Terms, or to solicit the performance

of any illegal activity or other activity which infringes the rights of 360Refinery or others

 

C.  Terms and Conditions of Booking Photography Services on the 360Refinery website

The booking or attempted booking by you of any services offered on the 360Refinery website is subject to these Service Booking Terms.

For each order on the 360Refinery website, your acceptance of the Sale Terms in force at the date of the order will be required.

 

(1) Booking – general terms

(a) Areas of service. Areas of service listed on the website, and will be made available at the time of booking.

(b) Phone bookings. We do not accept bookings placed by phone. All bookings need to be made online after creating an account and validated

with a 50% non-refundable deposit. No photoshoots will be performed without a deposit. 

(c) Cost of services. 360Refinery.com has an automatic booking platform that will provide the Client with an instat quotation. Generally, this

quotation is the actual cost of services, unless there is a specific requirement in the booking form, not addressed in our booking options. We will

inform the client before accepting a deposit, if any changes need to be made to the quotation.

(d) Responsibilities of the Client. After booking a photoshoot, the client is required to facilitate conditions necessary for our photographer(s) to

perform the photoshoot, including, but not limited to arranging for product to be ready for pick-up by our courier, organizing dish preparation at the

restaurant or place where photoshoot will take place, arranging for space at the location where the photoshoot will take place. For any questions

regarding what we need from you that are not addressed in the booking instruction, you may contact us as contact@360Refinery.com

(e) Right to cancel.  360Refinery reserves the right to cancel any order booked by a client in its sole discretion and without liability, including,

without limitation, a booking from a client with whom it has a dispute concerning a prior booking or if 360Refinery has reasonable cause to suspect

that such client has violated these Sale Terms, is engaged in any fraudulent activity, or for any other reason, including while work on a project is already in progress,

where is such cases partial work will be delivered to the client and only the deposit will be kept as payment for services rendered. The client may cancel any booking

within 2 hours of paying the booking deposit. Changes and delays of photoshoots are acceptable up until 48 hours before the start of the

photoshoot. Once work on a project has been started, deposits are no longer eligible for refund.

(f) Availability.   All booking services as they are displayed on the 360Refinery website are subject to availability.  360Refinery reserves the right to

change the photoshoot dates proposed by the client at the time of booking. Such changes will be made with notices before booking deposit

acceptance and with client approval of proposed date change.

(g) Age.  You must be 18 years or older in order to make a booking on the 360Refinery.com website, and by making a booking you represent that

you are at least 18 years old.  We do not sell services for purchase by children, the website is not directed at, nor do we knowingly collect

personally identifiable information from children, including those under the age of 13.

(h) Account.  All services offered through the Webite require you to open an account. You are entirely responsible for maintaining the confidentiality

of the information for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to

keep this information secure and confidential.  You agree to notify 360Refinery immediately of any unauthorized use of your account or password,

or any other breach of security. You may be held liable for losses incurred by 360Refinery or any other user of or visitor to the Website due to

someone else using your account as a result of your failing to keep your account information secure and confidential.  Access to your account may

be terminated or suspended in our sole discretion.  See the Termination of Access section for more information.

 

(2) Booking – confirmation

(a) Pre-confirmation summary.  For each photoshoot booked on the 360Refinery websites, a summary page will be displayed and will feature

itemized booking options, as per your selection. The booking requirements can be changed, before confirming, but clicking the "Edit" button to

make adjustments. Before placing your order by clicking on the “Confirm” button, please confirm that the information in the Summary accurately

reflects your requirments. Once you have confirmed your booking it will be submitted for processing. If any changes need to be made to your

booking, we will inform you of them at the time of requesting the deposit.

(b) Cobfirmed bookings.  Once your booking is submitted for processing it may not be amended or cancelled except pursuant to the conditions

provided for herein or pursuant to applicable law.  Placing an order confirms your acceptance of the Sale Terms.  Once a booking is placed you

will receive an booking summary via email.

(d) Records.  The data collected by the 360Refinery websites establishes the terms of the transactions between 360Refinery and its customers.  In

the event of a dispute between 360Refinery and its customers relating to a transaction entered into using the 360Refinery websites, and subject to

360Refinery’s right to cancel or not accept a booking, the data collected by 360Refinery are the terms of the transaction.

 

(3) Purchase – pricing and payment

(a) Listed price.  The pricing for all 360Refinery services on the 360Refinery websites are listed in US Dollars, Euros, Hong Kong Dollars, Chinese

Yuan, and Australian Dollars include taxes, transportation, equipment, post-production, preview preparation, and upload by FTP. 360Refinery

reserves the right to modify the prices of services offered on the 360Refinery websites at any time without prior notice. You will be charged the

prices displayed on the 360Refinery websites at the time your booking deposit was paid, however, 360Refinery reserves the right not to accept or

to cancel your booking in our sole discretion for any reason without liability, including if the services are not available, are incorrectly priced or are

otherwise incorrectly described.

(b)  Payment methods.  You are required to pay a 50% deposit for any booking placed on the 360Refinery website immediately upon receiving our

deposit instruction. Your booking will only be executed once we have verified your payment method and received authorization to process your

payment.  We only accept payment by credit card, PayPal, AliPay, and Bank Transfer. All orders are payable in USD, EUR, , HKD, CNY, and AUD

depending on the region from which you are making the booking and the region where the photoshoot will be performed. We accept the following

charge cards and credit cards: MasterCard, AmericanExpress and Visa.


(c) Title.  All images produced by photographers for booking done on the 360Refinery website remain the property of E.G. Productions Limited until

full payment is tendered to 360Refinery. The client will be presented with preview (contacts) of the photoshoot from which to select final images to

be retouched in the requested high resolution via the client``s account on the 360Refinery website. High resolution images will not be made

available to the client until the project``s payment is received in full. In the event of a payment dispute, the deposit will not be refunded and all

images produced remain property of E.G. Productions Limited and available for use and resale as seen fit.

 

(4) Delivery of Images

(a) Delivery timing.  During the ordering procedure, we will inform you of the time required for delivery of the images and the various time-frames

and costs available at the time of booking. If your booking``s photos or a part of the bookings``s images, are not able to be delivered without material

delay, customer service will contact you to provide more detail and an estimated upload date.



D. Additional Terms

For the avoidance of doubt, the following additional terms (“Additional Terms”) apply to your use of the 360Refinery website and any booking or

attempted booking you make.

(1) Termination of access

(a) Termination.  You agree that 360Refinery may, in its sole discretion and without prior notice, terminate your access to the Website and/or block

your future access to the Website if we determine that you have violated any of our terms, including the Use Terms, the Sale Terms, the Additional

Terms, and the Privacy Policy. You also agree that any violation by you of any of our terms, will constitute an unlawful and unfair business practice,

and will cause irreparable harm to 360Refinery, for which monetary damages would be inadequate, and you consent to 360Refinery obtaining any

injunctive or equitable relief that 360Refinery deems necessary or appropriate in such circumstances without the posting of any bond. These

remedies are in addition to any other remedies 360Refinery may have at law or in equity.

You agree that 360Refinery may, in its sole discretion and without prior notice, terminate your access to the Website, for cause, which includes

(but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3)

discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or

problems.

(b) Recovery of costs.  If 360Refinery does take any legal action against you as a result of your violation of these Use Terms, 360Refinery will be

entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to

360Refinery. You agree that 360Refinery will not be liable to you or to any third party for termination of your access to the Website as a result of

any violation of our terms, including the Use Terms, the Sale Terms, the Additional Terms, and the Privacy Policy.

 

(2) Disclaimer of Representations and Warranties

The 360Refinery website and its contents are provided on an "as is" and "as available" basis.  360Refinery makes no warranties of any kind.

Without limiting the generality of the foregoing, 360Refinery does not represent, warrant, or guarantee that:

(a) the Website is free from viruses, worms, trojan horses or other destructive material or malicious code;

(b) the information contained on the 360Refinery website is accurate, complete or up to date; or

(c) the 360Refinery website is free of defects or that any inaccuracies or defects will be corrected.

By using the 360Refinery websites, you agree that your use of the websites is at your sole risk, that you assume full responsibility for all loss of

use, loss of data and costs associated with all necessary servicing or repairs of any equipment and/or software that you use in connection with this

site, and that 360Refinery shall not be responsible or liable for any damages of any kind whatsoever arising out of, caused by or related to your use

of the Website.  Your sole remedy against 360Refinery for dissatisfaction with the websites is to stop using the websites.

Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers of warranty may not apply to

you.

 

(2) Limitation of Liabilities; Indemnity.

360Refinery shall not be liable to you or any third party for any DAMAGES OF ANY KIND, INCLUDING, WITHOUT LImitation, actual, direct,

indirect, incidental, special, punitive, exemplary or consequential damages, whether arising under contract, tort, or any other theory, including,

without limitation, loss of profits or other intangible losses, arising out of or in connection with your use or inability to use, performance of, or

information provided through the 360Refinery websites, even if 360Refinery has been advised of the possibility of such damages.  Without limiting

the foregoing, 360Refinery shall have no liability for any delay or failure to deliver products or otherwise perform any obligation as specified

hereunder if the same is wholly or partly caused by circumstances beyond our reasonable control.

If, notwithstanding the other provisions of these Use Terms, 360Refinery is found to be liable to you for any damage or loss which arises out of or

is in any way connected with your use of the Website, 360Refinery’s liability shall in no event exceed US$50.00.

Certain state laws do not allow limitations on the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above

disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

You agree to defend, indemnify and hold harmless 360Refinery, its affiliates and their officers, directors, employees and shareholders from and

against any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable attorneys`` fees and court costs, arising

from or related to your use of the Websites.

 

(3) Law and Disputes

Our terms, including the Use Terms, the Sale Terms, and the Additional Terms shall be governed by and construed in accordance with the laws of

the Hong Kong SAR, without regard to its principles of conflicts of laws, and shall govern all matters arising our of

or relating to the Use Terms or Sale Terms, including, without limitation, their validity, interpretation, construction, performance, and enforcement.

In the event of a dispute, the courts located in Hong Kong SAR, shall have exclusive jurisdiction and you hereby agree to submit to

the exclusive jurisdiction of such court and you irrevocably and unconditionally waive and agree not to plead or claim in any such court that any

such action, suit or proceeding brought in any such court has been brought in an inconvenient forum. 360Refinery shall be entitled to seek and

obtain injunctive or other equitable relief to protect its rights hereunder without the need to post any bond or surety.

(4) Miscellaneous

(a) Severability.  If any provision of the Use Terms, Sale Terms, or Additional Terms is determined to be invalid, illegal or unenforceable, the

remaining provisions of shall remain in full force to the extent permitted by law.

(b) Waiver.  No failure, forbearance, neglect or delay of any kind or to any extent on the part of 360Refinery in connection with the enforcement or

exercise of any rights under the Use Terms, the Sale Terms, the Additional Terms shall affect or diminish 360Refinery’s ability to enforce such

rights or any other rights under the Use Terms, the Sale Terms, the Additional Terms.

(c) Construction and interpretation.  References to Articles, Sections and Exhibits are to be construed as references to the Articles or Sections of

the relevant portions of the Use Terms, Sale Terms, or Additional Terms, unless otherwise indicated, and terms such as “hereof,” “herein,”

“hereunder” and other similar compounds of the word “here” shall mean and refer to this entire set of terms rather than any particular part of the

same.   The paragraph headings and captions are included merely for convenience of reference.  They are not to be considered part of, or to be

used in interpreting, the terms and in no way limit or affect any of the contents of the terms or its provisions.  Whenever used, except as otherwise

expressly provided or unless the context otherwise requires, any noun or pronoun shall be deemed to include the plural as well as the singular and

to cover all genders.  The words "includes" and "including" when used herein shall be deemed to be followed by the phrase "without limitation"

unless such phrase otherwise appears.  Any reference to products, goods, or merchandise shall refer to the items offered for sale on the Website.

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