INTRODUCTION
Last updated: 21 April 2023
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Superry Studio website (the "Service") operated by Bencium Limited, under solely a brand name Superry Studio ("us", "we", or "our").
Registered in England & Wales No. 09494591 • "Bencium" is a registered trademark of Bencium Limited in the UK
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions) and the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Bencium Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Bencium Limited and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
INTELLECTUAL PROPERTY AND ACCEPTABLE USE
1. All Content included on the Website is the property of Bencium Limited, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission
2. You may, for your own personal, non-commercial use only, do the following:
a. retrieve, display and view the Content on a computer screen
b. print one copy of the Content
3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Bencium Limited.
PROHIBITED USE
4. You may not use the Website for any of the following purposes:
a. in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
LINKS TO OTHER WEBSITES
9. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Bencium Limited or that of our affiliates.
10. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
11. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
AVAILABILITY OF THE WEBSITE AND DISCLAIMERS
13. Any online facilities, tools, services or information that Bencium Limited makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Bencium Limited is under no obligation to update information on the Website.
14. Whilst Bencium Limited uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
15. Bencium Limited accepts no liability for any disruption or non-availability of the Website.
16. Bencium Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
LIMITATION OF LIABILITY
17. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
18. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
19. To the maximum extent permitted by law, Bencium Limited accepts no liability for any of the following:
a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
b. loss or corruption of any data, database or software;
c. any special, indirect or consequential loss or damage.
GENERAL
20. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
21. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
22. These terms and conditions together with the Privacy Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
23. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
24. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
25. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
26. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
REFUNDS
We strive to provide a high-quality service to our customers. If, for any reason, you are not satisfied with the Service, you may be eligible for a refund in accordance with the terms outlined in this section.
a. Cancellation and Refund Requests
To be eligible for a refund, you must submit a cancellation and refund request by contacting us at [email protected] within 5 days of your booking.
b. Eligibility for Refund
Refunds will be assessed after the footage is done already on a case-by-case basis. We reserve the right to grant or deny any refund request at our sole discretion. Refunds may be granted under the following conditions:
i. The Service was not provided as described or there was a significant issue that was not resolved in a timely manner.ii. You were charged incorrectly due to an error on our part or on the part of the third-party payment processor (Stripe).
c. Processing Refunds
If your refund request is approved, the refund will be processed within 10 business days, and a credit will automatically be applied to your credit card or original method of payment. Please note that it may take additional time for your financial institution to process and post the refund to your account.
d. Non-Refundable Services
Certain services like travel or material cost may be non-refundable, as specified at the time of booking. In such cases, no refunds will be granted regardless of the circumstances.
e. Partial Refunds
In some cases, at our sole discretion, we may offer a partial refund if the Service was partially provided or if the issue could not be fully resolved.
By using our Service, you agree to abide by the refund policy outlined in this section. If you have any questions about our refund policy, please contact us at [email protected]
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have permission to access the Service.
We collect booking information from you, such as name, email address, phone number, and other relevant information, to facilitate the booking process on our Service. We use Stripe, a third-party payment processor, to process your credit card information securely. By submitting your payment information, you grant us and Stripe the right to process your payment for your booking. We do not store your credit card information on our servers.
Your privacy is important to us. Please write an email to [email protected] in order to get your personal data removed.
By providing your email address, you consent to receive emails from us, including promotional materials, newsletters, and other communications related to our Service. You may opt-out of receiving these emails at any time by following the unsubscribe instructions provided in the emails or contacting us directly.
The Service and its original content, features, and functionality are and will remain the exclusive property of Bencium Limited and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
Our Service may contain links to third-party websites or services that are not owned or controlled by Bencium Limited. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
In no event shall Bencium Limited, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
These Terms shall be governed and construed in accordance with the laws of United Kingdom, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
You agree to defend, indemnify, and hold harmless Bencium Limited, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (i) your use of the Service; (ii) any breach by you of these Terms; or (iii) any violation of any rights of a third party, including without limitation any intellectual property, privacy, or proprietary rights, by you or anyone using your account.
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. All provisions of the Terms which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms constitute the entire agreement between you and Bencium Limited with respect to the Service and supersede any prior agreements, oral or written, between you and [Your Legal Entity] with respect to the Service.
If you have any questions about these Terms, please contact us at [email protected]
