Capture and Create: Terms and Conditions Updated to Include GDPR Legislation, May 2018
Capture and Create manage a wide variety of workshops throughout the year. The following provides important information concerning our terms and conditions, policies and procedures and any request to cancel, substitute another participant or request a refund of fees for our holidays, retreats, workshops and/or shorter courses.
If you do not accept these conditions, you must not use this website or services.
No contract is entered into until Capture and Create has received the completed booking form and the payment of the deposit. Deposits are variable and dependent on the total workshop, course, retreat or holiday price.
All initial deposits are non-refundable. The balance of any payments is sent to you 28 days in advance for short courses or workshops and 90 days prior to departure for 1 week or more holidays or retreats. If a booking is made after that time the payment must be made in full.
If any balance payments are not made, Capture and Create reserves the right to cancel your booking and apply a cancellation fee (see Cancellations by Clients below). You will be contacted prior to this action.
Alterations to workshops and courses
Whilst Capture and Create will make every effort to ensure that the specified itinerary and hotel accommodation is adhered to, we reserve the right to make any variation as necessary. All registrants will be notified of any changes accordingly. Capture and Create retain the right to alter the price of any workshop or course before entering into a contract with the client.
Cancellations by Clients (Refund Requested) for holidays and retreats
You may cancel your holiday at any time provided that the person completing and signing the booking form confirms the cancellation in writing. The following scales will apply to cover administrative charges and pre-payments made by us.
Cancellations (Refund Requested) for holidays and retreats
You may cancel your holiday or retreat at any time provided that the registrant requesting a refund sends confirmation in writing via email to the defined address that is provided in your Online Registration Receipt and Registration Confirmation Email but the following cancellation policy deadlines will apply.
Standard Cancellation Policy deadlines - 1 and 2-week retreats
- If you cancel up to 90 days before the course start date you will get a 50% refund.
- If you cancel up to 65 days before the course start date you will get a 20% refund.
- If you cancel after 65 days before the course start date, you will not get any refund, however: Capture and Create will endeavour to resell any tour to minimise the loss to the individual but we cannot guarantee that the tour place will be resold. There is a 10% (or £300) charge for this service whichever is the greater. If you are able to fill your space (also see Replacements below), we will subtract a 10% (or £300) service charge due to the administration involved in managing this.
Cancellation Policy deadlines - 1 and 2 days workshops
For 1 and 2 day workshops, a request for cancellation (and refund) will only be accepted up to 28 business days prior to the workshop. Capture and Create make commitments to their suppliers of the premises and making last-minute changes will usually result in additional labour, costs or penalties for them. If the cancellation request is received after the deadline, we cannot issue a refund and would suggest that you try and find your own replacement (also see below).
All approved refunds are subject to an administration fee to offset our management charges. This fee is based on the per person deposit fee for the event or program:
- £00 to £50 – £10.00 administration fee;
- £50.01 to £100 – £15.00 administration fee
- £100.01 or higher – administration fee equal to 15% of the deposit.
Registrants who cannot attend an event are encouraged to provide a substitute participant to attend in his/her place. A written notification of a replacement participant will be accepted by email up to 24 hours prior to the workshop. When signing in at the event, the replacement participant must bring a copy of the Online Registration Receipt or the Registration Confirmation Email with them to the workshop.
Cancellation by Capture and Create
If Capture and Create cancels a workshop or retreat, all registrants will receive a full refund of fees paid (no administration charge) no later than 4 business days following the scheduled date of the event.
All refunds will only be made using the original form of payment. For example, if you registered using Paypal, any refund will be credited back via Paypal, similarly for a BACs payment.
Additional Capture and Create Policies
Any of the above policies may be further expanded – Any event outside of Capture and Create's control will have details clearly written on the product information page.
Some of our hotels may also have different and/or additional terms and conditions and cancellation policies to others; these will again be clearly identified in the product details.
Travel insurance is mandatory for all attendees to Capture and Create holidays and retreats and needs to cover:
- Any medical emergencies or accidents before, during and in transit to the workshop or retreat.
- Any situation which would require you to cancel the tour before or during the trip.
- Any loss or damage to your luggage or photography equipment.
Capture and Create will require a copy of your Insurance at least 56 days prior to the start date of your workshop or course
Capture and Create undertakes to ensure that every care is taken with the safety and security of its clients. However, Capture and Create cannot be held liable for events outside its control.
In the event of severe weather, Capture and Create reserve the right to amend day to day activities in order to ensure that both tutor and client safety is not compromised.
AGREEMENT BETWEEN USER AND CAPTURE AND CREATE
If you do not accept these conditions, you must not use this website or services.
Capture and Create reserves the right to change the terms, conditions, and notices under which the Capture and Create Web Site is offered, including but not limited to the charges associated with the use of the Capture and Create Web Site. Your use of the Capture and Create Web Site constitutes your agreement to all such terms, conditions, and notices.
The content on this website is provided 'as is', and Capture and Create gives no representation or warranty as to the accuracy of the content and assumes no responsibility for errors or omissions in it or the effect it has upon your computer.
The information available on the site might from time to time be incomplete, out of date or inaccurate. Capture and Create reserves the right at any time and without prior notice to make changes and corrections to the material on the site or to make parts or all of this site unavailable at any time without notice.
You should, therefore, check back on a regular basis to ensure that you are happy with any changes made.
The Capture and Create Web Site is comprised of various Web pages operated by Capture and Create.
LINKS TO THIRD PARTY SITES
The Capture and Create Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Capture and Create and Capture and Create is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Capture and Create is not responsible for webcasting or any other form of transmission received from any Linked Site. Capture and Create is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Capture and Create for the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Capture and Create Web Site, you warrant to Capture and Create that you will not use the Capture and Create Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Capture and Create Web Site in any manner which could damage, disable, overburden, or impair the Capture and Create Web Site or interfere with any other party’s use and enjoyment of the Capture and Create Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Capture and Create Web Sites.
USE OF COMMUNICATION SERVICES
The Capture and Create Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable to any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.
Capture and Create has no obligation to monitor the Communication Services. However, Capture and Create reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Capture and Create reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Capture and Create reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Capture and Create sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Capture and Create does not control or endorse the content, messages or information found in any Communication Service and, therefore, Capture and Create specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Capture and Create spokespersons, and their views do not necessarily reflect those of Capture and Create.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO CAPTURE AND CREATE OR POSTED AT ANY CAPTURE AND CREATE’S WEBSITE
Capture and Create does not claim ownership of the materials you provide to Capture and Create (including feedback and suggestions) or post, upload, input or submit to any Capture and Create Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Capture and Create, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Capture and Create is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Capture and Create sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The information, software, products, and services included in or available through the Capture and Create website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Capture and Create and/or its suppliers may make improvements and/or changes in the Capture and Create web site at any time. Advice received via the Capture and Create web site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Capture and Create and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Capture and Create website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Capture and Create and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Service contact: firstname.lastname@example.org
Capture and Create reserves the right, in its sole discretion, to terminate your access to the Capture and Create Web Site and the related services or any portion thereof at any time, without notice.
To the maximum extent permitted by law, this agreement is governed by the laws of the United Kingdom and you hereby consent to the exclusive jurisdiction and venue of courts in the British Isle. In all disputes arising out of or relating to the use of the Capture and Create Web Site. Use of the Capture and Create Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Capture and Create as a result of this agreement or use of the Capture and Create Web Site. Capture and Create performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Capture and Create right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Capture and Create Web Site or information provided to or gathered by Capture and Create with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Capture and Create with respect to the Capture and Create Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Capture and Create with respect to the Capture and Create Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon, or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Capture and Create Web Site are: Copyright 2018 by Capture and Create. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
(Also, please visit our dedicated General Data Protection Regulation page for further information on your GDPR preferences and settings.)
DATA COLLECTION (Including GDPR Policies)
When browsing our website we may collect certain information from you which could include the following:
Name and Salutation, contact details including email address, demographic information such as postcode, preferences and interests and survey information.
Any information we gather will only be used by Capture and Create to ensure that we are providing you with the best service possible and for understanding our customers' needs and products.
The majority of our data will be held electronically and will be kept confidential at all times. Any information that is printed out will be shredded and disposed of securely when no longer required.
We promise not to disclose any information what so ever to any third parties
It explains how your personal data is used, shared and protected, the choices you have relating to your personal data and how you can contact us.
Who is Responsible for the Processing of Your Personal Data?
The entity responsible for the processing of your personal data is Capture and Create.
What and When Do We Collect Your Personal Data?
We ask you for certain personal data to provide you with the products or services you request. An example is when you make purchases, contact our us, request to receive communications (emails), create an account, participate in our events or competitions, or use our Sites.
This personal data can include your:
- contact details including name, email, telephone number and shipping or billing address;
- login and account information, including username, password and unique user ID;
- personal details such as purchase history;
- payment or credit card information;
- images, photos and videos;
- personal preferences including your photographic interests as well as marketing and cookie preferences.
- Device IDs,
- Cookies, IP addresses, referrer headers, data identifying your web browser and version, and web beacons and tags.
We comply with local laws and do not allow children to register on our Sites when they are under the legal age limit of the country in which they reside.
Tools to Manage What Personal Data We Collect
When using our Sites, we also provide in-time notice or obtain consent for certain practices. We may obtain consents through our Sites or using the standard permissions available on your device.
Your web browser or mobile device platform will provide additional tools to allow you to control when your device collects or shares particular categories of personal data. For example, your mobile device or web browser may offer tools to allow you to manage cookie usage or location sharing. Please familiarise yourself with and use the tools available on your devices.
Our Use of Your Personal Data?
We use your personal data in the following ways:
Providing the Features of the Sites and the Services You Request
When you use our Sites, we will use your personal data to provide the requested product or service. For example, if you make a purchase on capture-and-create.com or participate in an event, competition or promotion, we will use the contact information you give us to communicate with you about the purchase, event competition or promotion. If you contact us directly, we will use information about you, such as delivery or payment information, or the product you have purchased to help you resolve problems or questions you may have.
In many cases, to use particular features within our Sites you may need to provide Capture and Create with additional data or additional consent to use particular data in a certain way, such as sharing content on social media. You may be required to provide your social media account credentials to sign in to that social media platform in order to do this.
To Provide Information about our Products, Services, Workshops, Events and for Other Promotional Purposes
When you consent, we will send you marketing communications and news concerning Capture and Create’s (or our Sites) products, services, events and other promotions. You can opt-out at any time after you have given your consent.
If you are an existing customer of Capture and Create (for example, if you have placed an order with us), we may use the contact details you provided to send you marketing communications about similar products or services where permitted by applicable law (unless you have opted-out).
In other cases, we ask for your consent to send you marketing information. We may use the information that you provide to us as well as information from other Capture and Create products or services - such as your use of Capture and Create Sites, your visits to, or purchases made in Capture and Create sites, your participation in Capture and Create events and competitions - to personalize communications on products and services that may be interesting for you.
To Improve, Operate and Maintain our Business, Products and Services
We use the personal data you provide to us to operate our business. For example, when you make a purchase, we use that information for accounting, audits and other internal functions. We may use personal data about how you use our products and services to enhance your user experience and to help us diagnose technical issues or service problems and administer our Sites.
To Protect Our or Others' Rights, Property or Safety
We may also use your personal data in order to prevent and detect fraud, abuse, illegal use, violations of our Terms or to comply with court orders or applicable laws.
Research and Analysis Purposes
We use data about how our visitors use our Sites and services to understand customer behaviour or preferences on our Sites. For example, we may use information about how visitors to capture-and-create.com (or our other Sites) search for and find products for us to better understand the best ways to organise, optimise and present products in our online store.
We may also use your personal data in other ways but will provide specific notice at the time of collection in order to obtain your consent beforehand and where necessary.
To enable us to process your personal data, we rely on certain legal grounds, this is depending on how you interact with our Sites.
- When you purchase Capture and Create products from our Sites, we need your personal data to fulfill our contract with you. For example, we may need your payment and contact details in order to deliver your order.
- Other legal grounds we rely on include our legitimate interests as a business, to comply with a legal obligation, or to protect your vital interests.
Capture and Create – Sharing of Your Personal Data
Capture and Create shares your personal data with:
- Capture and Create entities for the purposes and under the conditions outlined above.
- Third-party service providers processing personal data on Capture and Create’s behalf, for example, to process credit cards and payments, shipping and deliveries, host, manage and service our data, to distribute emails, analysis, manage our brand and product promotions as well as administering certain services and features.
- When using third-party service providers we enter into agreements that require them to implement appropriate technical and organisational measures to further protect your personal data.
- To another third party, but only where you have provided your consent.
We may also transfer personal data we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganisation, spin-off, dissolution or liquidation).
Your Data Sharing
When you use certain social features on our Sites, you can create and share content with your friends or the public, including information about your Capture and Create activity, such as images you may have made with us on a workshop. We encourage you to use the tools we provide for managing Capture and Create’s social sharing (such as the Sharing buttons on our Sites) so that you can properly control what information you make available through Capture and Create’s third-party social sharing tools.
The Protection and Management of Your Personal Data
Encryption & Security
We use a variety of technical and organisational security measures, including encryption and authentication tools, to maintain the safety of your personal data.
International Transfers of your Personal Data
Retention of your Personal Data
Your Rights Relating to Your Personal Data
You have the right to request: (a) access to your personal data; (b) an electronic copy of your personal data (email); (c) correction of your personal data if it is incomplete or inaccurate; or (d) deletion or restriction of your personal data in certain circumstances provided by applicable law.
These rights are not absolute which simply means, where we have obtained your consent for the processing of your personal data, you have the right to withdraw your consent at any time.
If you would like to request a copy of your personal data or exercise any of your rights, please contact us using the contact links and details in the “Question” section below.
Opting Out of Direct Marketing
If you have a Capture and Create account, (such as if you have purchased a product from us) you can modify your preferences in the "My Account" section of our Sites. You can also opt-out by modifying your email subscriptions by clicking on the unsubscribe link or following the opt-out instructions included in the communications we send to you. Alternatively, you can contact us using the contact details in the “Question” section below in order for us to help you change, remove or modify your preferences in this regard.
Cookies and Tags
Capture and Create collects information that may include personal data, from your browser when you use our Sites. We various methods to do this, such as cookies and “tags” (or pixel tags) to collect this information, which may include your (a) IP-address; (b) unique cookie identifier, cookie information and information on whether your device has software to access certain features; (c) unique device identifier and device type; (d) domain, browser type and language, (e) operating system and system settings; (f) country and/or time zone; (g) previously visited websites; (h) information about your interaction with our Sites such as click behavior, purchases and any indicated preferences; and (i) access times and referring URLs.
Third parties may also collect information via our Sites through cookies, third-party plug-ins and widgets. These third parties collect data directly from your web browser and the processing of this data is subject to their own privacy policies.
- Functional Cookies: These cookies are required for basic site functionality and are always “on”. These include cookies that allow you to be remembered as you explore our Sites within a single visit (session) or, if you request, from session to session. They help make the shopping cart and checkout process possible, as well enabling certain security features and conforming to regulations.
- Performance Cookies: These cookies provide a way for us to improve our Sites’ functionality by tracking usage. These cookies can improve the speed with which we can process your request and/or allow us to remember site preferences you have selected. You can refuse these cookies, but this may result in poorly-tailored recommendations and/or slow site performance.
- Social media and Advertising Cookies: Social media cookies make it possible to connect you to your social networks and share content to them from our Sites through social media. Advertising cookies (of third parties) collect information to help better tailor advertising to your interests – if advertising is present – both within and beyond our Sites. In some cases, these cookies involve the processing of your personal data. You can refuse these cookies, but this may result in seeing advertising that is not as relevant to you or you not being able to link effectively with your social media platform of choice (Facebook, Twitter, or other social networks) and/or not allowing you to share content on those social media platforms.
You can always change your preference by visiting and adjusting the "Cookie Settings" in your web browser or, where applicable, on our Sites.
You can gain a comprehensive and up-to-date summary of every third-party accessing your web browser (through Capture and Create’s Sites or otherwise) by installing a web browser plugin built for this purpose. You can also choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You can do this through your web browser settings on each browser and device that you use. Bear in mind, each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you may not have access to many features that make our Sites more efficient and some of our services will not function or will not function as intended.
QUICK LINK - To Change Your Preferences
Click here to quickly change or remove (unsubscribe for example) the contact settings you have with Capture and Create.
Subject to the conditions, and statements set out above, we will never sell, or pass on your details to other entities, website or organisations.
If you have questions, comments, and concerns about any of our privacy policies and privacy practices or should you wish to exercise your rights related to your personal data, please contact Capture and Create by email here.
INFORMATION WE MAY SEND
We may send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided. Should you not wish to receive this information or be deleted from our mailing list please click on the link at the end of the email to un-register.
We may contact you by email, phone, fax or mail.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
LINKS TO OTHER WEBSITES
Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
CONTROLLING YOUR PERSONAL INFORMATION
If you have previously agreed with us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us via the contact form
We will not sell, distribute or lease your personal information to third parties unless we are required by law to do so.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to Capture and Create at 89 Sandyhurst Lane, Ashford, Kent. TN25 4NU. Or email us at: email@example.com.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
OUR CRUISE HOLIDAYS
Our cruise holidays are managed by our Co-operative partners Cruise Holidays UK
Cruise Holidays is a trading name of The Co-op Consortium which is part of The Midcounties Co-operative Limited. Cruise Holidays are members of ABTA with ABTA number P6503. Their air holiday packages shown are ATOL protected by the Civil Aviation Authority as they act as agent for licensed cruise operators. The names and ATOL numbers of these cruise operators are displayed with each holiday shown. Cruise Holidays also offer their own air holidays and their ATOL number is 6053. ATOL protection does not apply to all holidays shown on this website. Please ask us to confirm what protection may apply to your booking.
Other useful information
In order to ensure prompt refunds, your assistance in providing us with booking form details (as described above and elsewhere on your booking documentation) will be greatly appreciated.
We cannot view and do not require, your credit card number (that information is encrypted & protected) to perform a refund transaction.
* Please do NOT put any credit card information in an email or any non-secure electronic (or otherwise) communication *