Terms & Conditions
Updated March 6th, 2024
A. General Terms
Before using the 360Refinery.com website (the “Website”) and paying any invoices sent to you by us for photography/ video services, 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 Carnival Commercial Building 18 JAVA ROAD NORTH POINT 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.
(c) Cost of services. 360Refinery.com will send you customized quotation after learning from you, the client, the requirements for your project. After we reach a mutual agreement on the price and scope of the project, we will send you an invoice for the project, the invoice is payable in full upon receipt and no work will be done before receiving payment. Each invoice covers only requirements communicated before the invoice is sent out. If the clients makes modifications to the project scope after paying the initial invoice, we may send an additional invoice to reflect the new requirements in case of increase production time necessary. If the new requirements need less production time than originally anticipated, we will recalculate the production cost and the excess amount paid will be placed into client balance that can be used for future photo shoots. Unless otherwise specified, all photography services include basic retouch only. The difference between basic and advanced retouch in explained here: https://360refinery.com/helpdesk/article/1-Basic-Retouch-vs-Pro-Retouch.
(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 [email protected]
(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 we will withhold the amount equivalent to production time and additional services already spent on the project and refund what is left. The client may cancel any booking
within 2 hours of making a payment and before any pre-production work has started. If a client cancels a project before any pre-production work has started, we will issue a refund in the amount of the original amount paid by client less any payment processor or banking fees incurred to receive the payment, for credit/ debit card payments this amount is typically around 3%, and for bank transfer we will check the fee for each payment. Additionally, for refunds of payments made by bank transfer, we will wire the payment to the bank account provided by the client with instruction "all local and international bank charged will be paid by payee" . Changes and delays of photoshoots are acceptable up until 48 hours before the start of the
photoshoot. We consider 50% of project fees to be for pre-production work, once work on a project has begun, the pre-production fee is no longer eligible for refund. We will refund only the remaining amount that will be calculated depending on the project specifics.
(f) Availability. All booking services as they are displayed on the 360Refinery website are subject to availability. 360Refinery reserves the right to
change the production times depending on availability. Production work for all photo shoots will start within 2 weeks of client making payment and sending samples.
(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 Website 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.
(i) Payments. All photoshoots below US$5000 should be pre-paid in full. Projects over US$5000 will be divided into smaller stages and each stage will be pre-paid in full.
(j) Refunds. 360Refinery counts 50% of any payment as pre-production fees. Once work on your project has started, pre-production fees will not be refunded under any circumstances.
If you cancel your project before any work has started (including pre-production work), we will issue a refund in the amount you paid, minus any payment processor fees that 360Refinery was charged to accept your payment (generally around 3%), and any shipping fees for the incoming samples, if we have received samples. If you have paid by bank transfer, we will transfer the full amount back to you minus any incoming transfer banking fees that we were charged at the time of payment receipt by the bank and we will send the payment with instruction "all local and international bank charges paid by payee".
If you are not satisfied with the results produced, we will redo it free of charge, as long as we made a mistake and the photos do not match the shotlist to which the client agreed to. For imagery rejected by the client, we retain all copyright and will use and sell them without any restrictions.
Refunds for incomplete quantity reasons. If you have booked a photo shoot for a certain amount of product, for which we have given a price discount for the specified quantity, however, the actual quantity of products received is less than the agreed quantity and the client says this is the final quantity of goods and no more goods will be arriving, we will recalculate the price for the new quantity and refund the difference between the original amount paid and the new amount owed. In cases where the quantity of products is less than agreed, we reserve the right to set the price for the new quantity without negotiation, and the price will not be higher than the listed price on the website, but will be higher than the price give for the originally agreed volume of work.
(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.
(b) Confirmed 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.
(e) Projects booked by e-mail. For projects booked and paid outside our booking platform, by direct invoice sent by email, clients will be sent a shotlist/ brief to photographer to make sure we understand all requirements correctly. The client is welcome to provide any corrections to the shotlist. Once the shotlist is approved, we will use it as the guide for the project and measure of project completion.
(3) Purchase – pricing and payment
(a) Listed price. The pricing for all 360Refinery services on the 360Refinery websites are listed in US Dollars and 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 quoted for your specific project individually and the price will be listed on the invoice sent for each specific project. 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 in full any photo shoot you wish to be performed by 360Refinery immediately upon receiving our
payment instructions. 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/ debit card, AliPay, and Bank Transfer. All orders are payable in USD only. 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 and clients automatically receive unlimited worldwide license to use any images/ videos sent by us. We reserve the right to use any images/ videos produced by use for self-promotion. In the event of a refund 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. Generally, all photography projects are completed within 10 working days of payment and samples receipt, and video projects are completed within 15 working days of payment and samples receipt. 360Refinery will not be held liable for any delays caused by payment delays caused by the client's side or late sample delivery by the client's side. 360Refinery does not guarantee in any way the condition of the samples, we advise clients to have multiple samples with their suppliers, as they may get misplaced, damage, or lost during transit. 360Refinery will not be held responsible for any damage or loss caused to samples during transit.
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. 360Refinery will not be held liable for any damage incurred by the samples sent by the client including cosmetic damages to samples, broken samples, and samples lost in transit.
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.
END