Terms of Service

1. Acceptance of Terms

By accessing or using our Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use our Services.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least thirty days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised Terms.

2. Eligibility and Account Registration

You must be at least eighteen (18) years of age to use our Services. By using our Services, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

To access certain features of the Services, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and to maintain and promptly update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3. Description of Services

Thu Hoai operates a photography and visual storytelling blog that provides educational content, professional photography services, workshops, and related resources designed to support individuals and businesses in their creative and visual communication needs. Our Services include, but are not limited to:

• Access to blog articles, tutorials, and educational materials on photography, visual composition, and creative techniques
• Professional photography sessions for individuals, brands, and architectural projects
• Photography workshops and group learning experiences
• Online portfolio galleries and community forums
• Digital products, presets, and downloadable resources
• Newsletter subscriptions and marketing communications

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice to you. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

4. Booking, Payment, and Cancellation Policy

4.1 Booking and Payment

When you book a photography session, workshop, or any other paid service through our website, you agree to pay all fees associated with that service. All prices are displayed in Euros (EUR) and include applicable taxes unless otherwise stated. Payment must be made in full at the time of booking unless we have agreed to alternative payment terms in writing.

We accept various payment methods as indicated on our website. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the total amount of your purchase.

4.2 Cancellation and Refund Policy

You may cancel or reschedule a booked session subject to the following conditions:

• More than 48 hours before the session: Full refund or free rescheduling with no penalty.
• 24 to 48 hours before the session: 50% refund or rescheduling with a €15 administrative fee.
• Less than 24 hours before the session: No refund. Rescheduling may be permitted at our sole discretion and subject to a €25 late rescheduling fee.
• No-show: Full session fee is forfeited with no option for rescheduling or refund.

Digital products and downloadable resources are non-refundable once accessed or downloaded, except where required by applicable law. Subscription services may be cancelled at any time, and you will continue to have access until the end of your current billing period.

5. User Conduct and Prohibited Activities

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

• In any way that violates any applicable national, regional, or international law or regulation
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation
• To impersonate or attempt to impersonate Thu Hoai, a Thu Hoai employee, another user, or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Thu Hoai or users of the Services or expose them to liability
• To introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services

6. Intellectual Property Rights

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by Thu Hoai, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
• You may store files that are automatically cached by your web browser for display enhancement purposes
• You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution

If you wish to make any use of material on the Services other than that set out in this section, please address your request to hello@thuhoai.nl.

7. User-Generated Content

The Services may contain interactive features that allow users to post, submit, publish, display, or transmit content or materials (collectively, "User Contributions") on or through the Services. All User Contributions must comply with the content standards set out in these Terms.

By providing any User Contribution on the Services, you grant us and our licensees, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Contributions in any and all media or distribution methods now known or later developed.

You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors, and assigns. You also represent and warrant that all of your User Contributions do and will comply with these Terms.

8. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR REQUIREMENTS OR EXPECTATIONS.

The content on our Services is provided for general information and educational purposes only. It is not intended to be a substitute for professional advice in any field. Always seek the advice of qualified professionals with any questions you may have regarding specific situations or decisions.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THU HOAI, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. Indemnification

You agree to defend, indemnify, and hold harmless Thu Hoai, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Contributions, any use of the Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

11. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Netherlands, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the courts of Amsterdam, the Netherlands. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

12. Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, termination, or validity thereof, shall first be attempted to be resolved through good faith negotiations between the parties. If the dispute cannot be resolved through negotiations within thirty (30) days, either party may submit the dispute to binding arbitration in accordance with the Arbitration Rules of the Netherlands Arbitration Institute (NAI).

The arbitration shall be conducted in Amsterdam, the Netherlands, in the English language. The arbitral tribunal shall consist of one arbitrator. The decision of the arbitrator shall be final and binding on both parties. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

13. Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

14. Waiver

No waiver by Thu Hoai of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Thu Hoai to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

15. Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Thu Hoai regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

16. Contact Information

If you have any questions, concerns, or comments about these Terms, please contact us:

Thu Hoai
Courbetstraat 38, 1077 ZV Amsterdam, Netherlands
Email: hello@thuhoai.nl
Phone: +31 20 987 6543
Business Hours: Monday – Friday, 10:00 – 18:00 CET

We are committed to addressing your concerns and will make every effort to respond to your inquiries within five business days.