Terms of Service

Last Updated: July 20, 2023

1. Acceptance of Terms

By using the Top Captures website and our services, you agree to these Terms of Service. If you disagree with any part of these terms, please do not use our website or services.

2. Description of Service

Top Captures provides photography, videography, and other related services as described on our website. These services are subject to change without notice.

3. User Registration and Online Orders

To utilize specific features or order services, users might need to register on our site. Users are expected to provide accurate, up-to-date information during registration and when placing online orders.

4. User Conduct and Online Orders

Users agree to provide truthful and accurate information when placing online orders. All orders are subject to review and acceptance by Top Captures.

5. Use of User Content

By utilizing our services, you grant Top Captures a non-exclusive, royalty-free, transferable, and worldwide license to use, store, display, reproduce, modify, and create derivative works from the photographs, videos, and any other content we create for you. This includes the right for Top Captures to use such content for promotional purposes, in portfolios, and for other business-related functions.

6. Data Storage and Preservation

Top Captures will employ reasonable measures to store and preserve the photographs and videos we create for you. However, we make no guarantees regarding the duration or integrity of such storage.

7. Intellectual Property

While users retain ownership rights in the photographs and videos, all other content on the Top Captures site—including texts, logos, graphics, and other proprietary material—is owned by Top Captures and protected by Canadian and international copyright laws.

8. Termination

Top Captures reserves the right to terminate or suspend access to our services at our discretion, without notice, for conduct that we believe violates these Terms of Service or is harmful to other users, us, third parties, or for other lawful reasons.

9. Cancellation & Refund Policy

At Top Captures, we understand that plans can change, and circumstances may arise that necessitate the cancellation of a booked service. However, to ensure fairness to all our clients and manage our scheduling efficiently, we have instituted the following cancellation policy:

Notification Window:
Clients are encouraged to notify Top Captures of any cancellation at least 24 hours before the scheduled service time. This allows us to allocate the slot to another client and make necessary adjustments.

Please be advised that by clicking on “Cancel My Reservation” below, you have read and agreed to the Top Captures cancellation and refund policy:

  • Cancellations made more than 24 hours before the scheduled service time will be eligible for a full refund.
  • Cancellations made within 12 to 24 hours of the service time will incur a 50% service fee, with the remainder refunded to the client.
  • Cancellations made less than 12 hours before the service time will not be eligible for a refund due to the short notice and potential disruption to our scheduling.

If a client wishes to reschedule instead of canceling, they must notify Top Captures at least 12 hours before the service time. Rescheduling is subject to availability, and while we will do our utmost to accommodate, we cannot guarantee the preferred new time slot.

If a client does not show up for a scheduled appointment without prior notification, this will be treated as a cancellation with less than 12 hours notice, and no refunds will be provided.

Top Captures’ Right to Cancel:
On rare occasions, due to unforeseen circumstances or emergencies, Top Captures may need to cancel a booked service. In such cases, clients will be notified as soon as possible, and a full refund will be provided. Alternatively, if the client agrees, the service can be rescheduled to a later date.

Force Majeure:
Neither party will be liable for any failure in performance due to causes beyond that party’s reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, or strikes. In the event of such a delay, the date of delivery or performance will be extended by a period equal to the time lost because of the delay.

10. Disclaimer of Warranties

Our services are provided “as is.” Top Captures makes no warranty of any kind, either express or implied, about the completeness, accuracy, reliability, suitability, or availability concerning the website, services, or related graphics for any purpose.

11. Indemnification

Users agree to indemnify and hold Top Captures harmless against any claims, damages, costs, liabilities, and expenses arising out of any breach of these terms.

12. Governing Law

These terms are governed by and interpreted in accordance with the laws of Canada and will be subject to the exclusive jurisdiction of the Canadian courts.

13. Changes to Terms

Top Captures may modify these Terms of Service at any time. Updated terms will be posted on our site. By continuing to use the site and our services, users agree to such updates.

14. Contact

For any questions regarding these Terms of Service or any other inquiries, please contact us.