Terms and Conditions

Preliminary article

"Platform": designates all digital ecosystem including but not limited to website, mobile app, and any related digital ecosystem that used by Viufinder to provide service to the customer.
"Website": designate the web domain viufinder.com.
"Mobile App": designate app name Viufinder.
"Clients": designates the professionals and individuals that book photoshoot services.
"Photographer": designates Viufinder partner in delivering photoshoot services to the clients.
"Shoot": designates photographer’s activity in taking photo and/or video based on agreed booking information including but not limited to type of photography service, location of photoshoot, duration of photoshoot, and deliverable of photoshoot.
"Photoshoot": designates a session when photographer taking photo and/or video based on agreed booking information including but not limited to type of photography service, location of photoshoot, duration of photoshoot, and deliverable of photoshoot.
"Media": designates any type of audio and/or visual content that Photographers delivers to the Client through Viufinder’s platform and/or related digital ecosystem.
"Photography Category": designate any types of photoshoot that offered by Viufinder through Viufinder’s platform and/or related digital ecosystem.
"Profile": designates all information on the web and/or mobile app pages that visible to the client or photographer when signing in using their log in details.
"Account": designate the all information related to the Client or Photographer, available on the profile or booking information.
"Users": designate people having access to the Viufinder’s Website or Mobile App, or any related Viufinder’s digital ecosystem includes but limited to client and/or photographer.
"Reservation": designates order that has been received by photographer from customer.
"Order": designates the booking of the shoot made by the Client.

1. Object

The Viufinder company exploits a platform accessible on the Website and Mobile App, allowing individuals and/or professionals to book and to plan shoots of any kind of needs. Individual and/or professionals can choose Photographers based on their preference and have the right to get delivery media as stated on the package. All media that uploaded into Viufinder website and/or mobile application becomes Viufinder assets which makes Viufinder to have all rights in using it as company needs.
The purpose of these general terms and conditions is to define the terms and conditions of booking the Photographer and the delivery of the photo shoots, as well as to define the rights and obligations of the parties in this context.

2. General conditions agreement

This agreement can only be full and whole. Viufinder reserve the right to amend its Terms & Conditions at any time, for any reason and without any prior warning. The modifications will be applicable immediately after the publishing of the new Terms & Conditions.
Users are liable to read them regularly, as the continuity in the use of the platform by the latter signifies their agreement to any modification. If at any time the user doesn't agree with the Terms & Conditions, they will have to cease completely and immediately any use of the platform.
By agreeing to the Terms & Conditions, Users accepts that Viufinder can modify, cancel, update, reconfigure or limit the access to the Platform and the Services, without having to warn the Users.

3. Access to the Services
3.1. Access to the Services

Access to the Services requires the User to register on the Website and/or Mobile Application, by completing the form provided for this purpose. The User must provide all the information marked as mandatory.
All incomplete registration will not be validated. All complete registration will be validated and verified by max 24 hours.

3.2. User Account Information

The registration automatically opens an account in the name of the User (hereinafter: the "Account"), giving them access to a personal space that allows them to manage their orders and other relevant information related to respective account.
The User guarantees that all the information he / she provides in the registration form is accurate, up-to-date and truthful and is not misleading. The User agrees to update this information in their Personal Space in case of modifications, so that they always correspond to the aforementioned criteria.
The User is informed and agrees that the information entered for the purpose of creating or updating their Account is valiant proof of their identity. The information entered by the User submits them as soon as it is validated.

4. Data Confidentiality
4.1. Use of Data

By creating an Account, User agrees that Viufinder may use related user information as required for the use of Viufinder’s services. Viufinder may send SMS and email information as part of the normal operation of business arising from use of the services.

4.2. Confidentiality

Users may access their page at any time after identifying themselves with their login and password. Users are also responsible for maintaining the confidentiality of their login information. They must immediately contact Viufinder if they notice that their Account has been used without their knowledge. They acknowledge Viufinder’s right to take all appropriate measures in such cases.

5. Service Flow
5.1. Booking Photoshoot

Client can book photoshoot at Viufinder’s website or mobile app. Client will get booking number in respect to the booking that have been made. This booking number will be the reference number to record all respective activities.
Client must register or login in order to get access to the services. Client who wishes to place a booking must complete the form and provide details including:
• The information relating to the type of Photoshoot.
• The rate of Photographer.
• The date and time for the realization of the Photoshoot.
• The duration of the Photoshoot.
• The location for the realization of the Photoshoot.
Once the booking has been validated and the General Conditions accepted, Client will give time to photographer to accept booking.
The Client further agrees to provide valid information as to the purpose of the photoshoot. Otherwise, the Client will not be able to receive the Media before having settled the difference with the record made by Viufinder. Viufinder reserves the right to apply in addition a penalty when billing the photoshoot.

5.2. Confirmation of Photographer

When a booking has been submitted. Photographer can give three possible responds to the client which are accept, reschedule, or decline. Once booking has been accepted by Photographer, the client will get a notification to proceed with payment while photographer will wait for the payment confirmation.
In case of Photographer is not available at the booking time, Photographer can propose time reschedule to the Client. Photographer who declines order or not giving respond to the booking submission within the time range provided will get penalty from Viufinder. This penalty is fully under decision of Viufinder and Viufinder has the rights to change the penalty mechanism anytime without prior warn to the photographer.

5.3. Payment

In case of photographer already accept order, the Client must proceed payment following instruction on the website or mobile app. The Client’s payment will be kept by Viufinder upon the completion of the services. Once order is completed, Viufinder will release the payment to the Photographer.

5.4. Photoshoot

As per indications mentioned in the Confirmation of Order, the photographer selected by Clients will come to the location as per Client's instructions on the scheduled date and time in order to proceed with the shoot.
Photographer who is not able come in the agreed photoshoot time and place or replacing appointed photographer without any approval by Viufinder may receive penalty from Viufinder. This penalty is fully under decision of Viufinder and Viufinder has the rights to change the penalty mechanism anytime without prior warn to the photographer.

In the event that client is not able to arrive on time at photoshoot venue as stated on booking form submitted to Viufinder, photographer has the right to end the photoshoot as on agreed schedule on booking form submitted to Viufinder. In the event that client comes late more than booking duration then photographer has the right to not deliver the photoshoot and leave the venue. Fees to the photographer will be paid by Viufinder accordingly as long as there is adequate evidence that client come late to the venue

5.5. Photo Submission

The Client will receive editing photo from photographer by latest H+7 after photoshoot. The Client can give a feedback and ask revision in regards to the photographer’s photo submission. Photographer will get 1x24 hours to complete each revision or feedbacks. The Client can give as many feedbacks as required until get a satisfied result from Photographer.
Photographer must upload editing photos to the sharing folder created by Viufinder. Viufinder will not recognize any media delivery from CD ROM, USB Key, or any other alternative way and in this case, Viufinder will treat photo submission from Photographer is null.
Viufinder sends an email to the Client with information concerning the availability of the deliverable Medias. Medias will be available in the sharing folder created by Viufinder maximum 3 months after order completed.
The Client understands that they will not have access to any Media in case of file is not downloaded within 3 months after order completed which implies no copy will be provided by Viufinder.
Photographer who is not able to deliver the editing photo within the time range provided may get a penalty from Viufinder. This penalty is fully under decision of Viufinder and Viufinder has the rights to change the penalty mechanism anytime without prior warn to the photographer.

5.6 Order Completed

Order will be completed and payment will be wired to Photographer when the Client accepts photos submission from Photographer.

6. Prices and Payment Methods
6.1 Prices

Viufinder offers their Clients services of which the characteristics are mentioned on the Website and/or mobile application. The price of the package includes the photographer fee and the purchase of the Media. The price of the package does not include any additional fee that may occur such as but not limited to transportation fee, accommodation fee, meal fee, etc. Unless otherwise stated, prices are expressed in Indonesia Rupiahs and all taxes included.
Viufinder reserves the right, at its discretion and in accordance with terms and conditions of which it will be the sole judge, to offer promotional offers or price reductions.

6.2 Prices-revision

The prices stipulated can be the object of a revision at any time, to the absolute discretion by Viufinder.
It is the responsibility of the Client to take note of the prices applicable during an Order or the purchase of additional Media.

6.3. Payment Methods

The payment of the package is due during 24 hours after photographer accepts order, except special conditions, at the discretion of Viufinder.
The Client must follow the payment method from payment services that appointed by Viufinder.

7. Cancellation and Refund
7.1. Cancellation or modification of an Order
7.1.1 Cancellation at the initiative of Viufinder

Viufinder reserves the right to cancel or postpone any Order. In the event that Viufinder cancels an Order, Viufinder will inform the Client by phone and/or email and/or any communication platform and will offer, as desired, a credit of the amount of the Order or the postponement of the Order to another date accepted by the Client.

7.1.2. Cancellation or amendment of the date of the shoot, initiated by the Client

The Client has the option to cancel or postpone an Order as long as it has been approved by Viufinder.
A cancellation or postponement within 24 hours before the date of the Photoshoot will incur the charging of the Client with a penalty of 50% of the amount of the order.
In the event that cancellation has been agreed by Viufinder and a cancellation earlier than 24 hours before the date of the Photoshoot, Viufinder will give 100% refund to the respective Client.
A cancellation or postponement is invalid if there is no approval by Viufinder. In this event, the Client will not receive any refund from their cancellation or postponement.

7.2. Refund

In the event of cancellation initiated by the Client within 24 hours before the photoshoot and approved by Viufinder, 50% of the price of the Order will be refunded to the Client’s bank account in maximum 5 working days.
In the event of cancellation initiated by the Client earlier than 24 hours before the photoshoot and approved by Viufinder, 100% of the price of the Order will be refunded to the Client’s bank account in maximum 5 working days.

8. User's obligations

Without prejudice to the other obligations provided herein, the User agrees to respect the following obligations:

8.1. Laws and rules

When using the Service, the User commits to respect the laws and rules in effect and not to violate any rights, third parties or public order.
The User is the sole liable party for fulfilling all administrative, fiscal and/or social obligations, and for payment of any contributions or taxes of any nature, when applicable, in relation to purchasing the Services. Viufinder's liability will not be engaged in this matter under any circumstances.

8.2 Characteristics of the Services

The User acknowledges having read and understood the characteristics and constraints on the Website and/or mobile app, in particular technical, in relations to all the Services.

8.3. Personal use of the Services

The User agrees a strictly personal use of the Services. They are therefore prohibited from assigning, granting or transferring all or part of their rights or obligations hereunder to any third party in any way whatsoever.

8.4. Exactitudes of data

The User commits to provide Viufinder only with any kind of information or data that must be exact, updated and honest, and must not be ambiguous. The User commits to update this information regularly to make sure it always respects the criteria aforementioned.

8.5. Completeness of data

The User commits to provide Viufinder all information necessary to the proper implementation of the Services. More generally, the User commits to cooperate actively with Viufinder for the proper implementation of the present Services.

8.6 Internet connection

The User is informed and understands that the application of the Services necessitates and Internet connection and the quality of the Services is directly dependent on this connection for which he has sole responsibility.

9. User's guarantee

The Client warrants Viufinder against all claims, actions and/or allegations that Viufinder may suffer as a result of User's breach of any of its obligations or warranties under these terms and conditions. They commit to compensate Viufinder any prejudice suffered and to pay all fees, charges and/or any sentences that Viufinder would sustained.

10. Prohibited Behaviours
10.1. Use of the Services

It is strictly forbidden to use the Services to the following ends:
• the performance of illegal, fraudulent or infringing activities or the rights of third parties,
• the harm to public order or violation of laws and rules in effect,
• the intrusion into the computer system of a third party or any activity likely to harm, control, interfere or intercept all or part of the p5: computer system of a third party, to violate its integrity or security,
• sending unsolicited email and/or prospect or commercial solicitation,
• operations intended to improve the referencing of a third-party site,
• the help or incentive, under which ever form and of which ever manner, to one or more of the acts and activities aforementioned,
• and more generally, all practice diverting the Services to other ends than the originals for which it was conceived.

10.2. Technology and Site Concept

It is strictly forbidden for the User to copy and/or embezzle the concept, the technologies or any other element of the Website and/or mobile application to their or any third parties' end.

10.3. Computer intrusion

Are also strictly forbidden:
• any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services,
• all intrusions or attempts of intrusion into Viufinder's system,
• all diversions of the resources of the system of the Website,
• any action likely to impose a disproportionate burden on the infrastructure of the latter,
• any harm to security and authentification measures,
• any act likely to affect the financial, commercial or moral rights and interests of Viufinder or the users of its Site,
• and finally more generally any breach of the present Terms & Conditions.

10.4. Resale

It is strictly forbidden to monetize, sell or concede all or part of the access to the Services, as well as the information that is hosted and/or shared.

11. Misconduct sanctions

In the event of any breach of any of the provisions of these terms and conditions or, more generally, any violation of the laws and regulations in force by a User, Viufinder reserves the right to take any appropriate measure, including:
1. suspend, delete or block the account and access to Viufinder’s website and/or mobile app by the User, author of the misconduct or of the violation, or having participated,
2. notify any relevant authority,
3. take all appropriate measures and engage judiciary actions.
It also automatically engages the deletion of the User's Profile, without prior warning nor prejudice of other consequences potentially induced in other application of the present terms and conditions.

12. Intellectual Property

The systems, software, structures, infrastructures, databases and contents of any kind (texts, images, visuals, music, logos, brands, databases, etc.) used by Viufinder within the Site, as well as the Site itself - are protected by any intellectual property rights or rights of database producers in force.
All disassembling, decompilations, decoding, extractions, reuses, copies and more generally, all reproduction, representation or distribution acts and use of any of these elements, as a whole or a part, without Viufinder's authorisation are strictly forbidden and will be the object of legal proceedings.
Clients recognize and accept that the Media ordered are the exclusive property of Viufinder who grants the Clients the right to use them.

13. Advertisement and commercial references

Viufinder reserves the ability to insert all commercial or promotional messages on any page of the Website under any form and under any conditions of which Viufinder will be the sole judge.
The Client acting in the context of its activity also expressly authorizes Viufinder to quote and reproduce its trade name and/or brand and/or logo as commercial references, especially during events or events including promotion, in its commercial or advertising documents and on its websites, in any form whatsoever, for a period of five (5) years from the date of an Order.

14. Third party links and sites

Viufinder will not be made liable under any circumstances for the technical availability of the websites or mobile applications exploited by third parties (including potential partners) which the User would access through the Website.
Viufinder does not endorse any liability for the content, advertising, products and/or services available on such third-party mobile sites and apps which are reminded that they are governed by their own terms of use.
Viufinder is not responsible for any transactions between the User and any advertiser, professional or merchant (including any potential partners) to which the User is directed through the Site and may not be party to any possible disputes with these third parties concerning in particular the delivery of products and/or services, guarantees, declarations and any other obligations to which these third parties are held.

15. Mediation

In the event of any dispute relating to these terms and conditions, the Client and/or photographer have the right to free use of a mediator in accordance to the rule and regulation.