Haute Stock Membership
Terms of Use
This Terms of Purchase Agreement (the “Agreement”), is made by and between Rachel & Co. Inc. trading as Haute Stock (hereafter known as “Company”), and you (hereafter known as “Purchaser”, and collectively, the “Parties”).
By purchasing a Product (as defined below) from Company, Purchaser agrees to the following terms:
PRODUCT.
Company provides Styled Stock Photography Membership (herein referred to as the “Product”). Purchaser agrees to abide by all policies and procedures as outlined in this agreement as a condition of their purchase. Purchaser’s purchase of the Product includes the ability to enter into agreements and/or make transactions electronically. PURCHASER ACKNOWLEDGES THAT THEIR PURCHASE CONSTITUTES THEIR AGREEMENT TO AND INTENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ANY RELATED AGREEMENT INCLUDING OTHER POLICIES AND CONTRACTS, AND TO PAY FOR PRODUCT.
REFUNDS.
We understand that finding the right imagery and stock assets is an important factor in building your brand. If you don't find anything you want to use within 7 days of signing up for a membership, email us at hello@hautestock.co to request a Couture Curation® or a refund.
A refund will only be issued if you have not downloaded any images or assets from the library.
NO REFUNDS will be issued if Purchasers forget to cancel their membership prior to the renewal date. The member account will remain active until the end of the subscription term and all images downloaded while the membership was active may still be used.
TERMINATION.
You may terminate your membership at any time. However, no refunds will be issued for payments already processed.
Company may suspend provision of the Products, or terminate, without refund to you, this Purchase Agreement and the Asset License: a) upon your breach of the terms hereof; b) upon failure by you to pay a fee as associated owed to the Company; c) if you become insolvent or file, or consent to, a petition in bankruptcy or are adjudicated bankrupt or insolvent or make an assignment for the benefit of creditors or an arrangement pursuant to any law regarding bankruptcy or the rights of creditors or discontinue or dissolve your business or if a receiver is appointed with respect to your business or assets; or (d) if you breach any of the terms of the Asset License.
ASSET LICENSE.
By purchasing the Product, the Purchaser agrees to the following Asset License:
Haute Stock membership comes with a non-exclusive limited use license.
"Stock assets" refers to content such as: images, videos, templates, icons, backgrounds, quote graphics, and marketing guides.
PURCHASERS MAY:
✔ Use stock assets for personal or business use, online and in print.
✔ Use the stock assets on social media platforms, on Pinterest, for blog posts, and on websites.
✔ Use the stock assets as part of Facebook or Instagram ads, Pinterest ads, YouTube ads, and other online advertising.
✔ Resize, crop, add filters, modify colors, and change stock asset orientation.
✔ Overlay stock assets with text, website screenshots, product designs, and PDF designs.
✔ Use the stock assets as backgrounds in presentations, webinars and slideshows.
✔ Use the stock assets to create opt-ins such as checklists, workbooks, PDFs, and ebooks, as long as the images are flattened and overlaid with text or graphics and cannot be extracted, and so long as the asset is not a main component of the download.
✔ Use the assets for multiple businesses/blogs for which the member is the sole owner.
PURCHASERS MAY NOT:
🚫 Sell, loan, transfer, make available for download, or give away the stock assets to a third-party.
🚫 Transfer membership or login credentials to a third party - whether a client, customer, or business partner without previous written consent obtained directly from Haute Stock.
🚫 Use the stock assets to create derivative products where the stock asset is the main component of the design, such as: art prints, mugs, phone cases, calendars, screen savers, clipart, or similar products.
🚫 Include the stock assets in a design or product created for clients/customers (i.e. by modifying the original assets by adding text or graphics), unless you have purchased the appropriate Extended Commercial License (Agency Plan or Designer Plan).
🚫 Include the stock assets in any product with resell rights (including but not limited to MRR, PLR, and RR licensing).
🚫 Use the stock assets for clients/customer work or social media management, unless you have purchased the appropriate Extended Commercial License (Agency Plan or Designer Plan).
🚫 Include the stock assets in website templates, design templates, quote templates, or any other editable product, unless you have purchased the appropriate Extended Commercial License (Designer Plan).
🚫 Use the stock assets for ebooks or physical books to be sold on Amazon, similar mass distribution sites or traditional publishing houses, unless you have purchased the appropriate Extended Commercial License (Designer Plan).
🚫 Use the stock assets to create content intended for mass distribution in a membership site, print-on-demand, or third-party design site.
🚫 Use the stock assets to create content intended for mass distribution in a membership site, print-on-demand, third-party design site, or in any product with MMR, PLR or RR licensing.
🚫 Stock assets may not be used for any offensive, defamatory, illegal or pornographic use.
🚫 Claim the stock assets as your own or transfer copyright of the stock assets (even if modified) to a third-party.
Legal Considerations:
Copyright of the images remains with Haute Stock or the original creator of the images and is not transferred to Purchasers.
Credit / Attribution is not required, but always appreciated. Remember to use #hautestock or #hautestockco so we can see how you use the images and even feature your business!
Users acknowledge that Haute Stock (Rachel & Co. Inc.) does not make any representations or assurances of non-infringement and does not make claim to have received releases from any brands, designers, or manufacturers for use of products, registered trademarks, logos or intellectual property portrayed in the images. Purchasers agree that Haute Stock (Rachel & Co. Inc.) shall not be liable for any damages resulting from the use of any of the images provided. Haute Stock (Rachel & Co. Inc.) shall not be liable for any claims related to, or resulting from, your use of the images, which may or may not have been modified by you, or combined with other content.
TRANSFER.
Purchasers may not under any circumstances transfer membership or login credentials to a third party - whether a client, customer, or business partner without previous written consent obtained directly from Haute Stock.
NO GUARANTEE/WARRANTY.
Company sells Products 'as is' without warranty or guarantee of any kind, either express or implied, including no warranty as to merchantability or fitness for a particular purpose.
ASSUMPTION OF RISK.
Purchaser agrees to accept all risk associated with the use of any Product, including but not limited to, ingestion of or application to Purchaser’s person, the use of any Product personally or in business, all taxes and regulations applicable to any Product, all legal compliance issues related to any Product. Purchaser understands that the Company is disclaiming all liability from harm of any kind or nature caused directly or indirect from any Product.
INDEMNIFICATION.
Purchaser agrees to indemnify and hold harmless Company, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Purchaser’s action(s) under this Agreement or misuse of a Product. Purchaser agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Purchaser’s participation under this Agreement, unless expressly stated otherwise by Company, in writing.
LIMITATION OF LIABILITY.
Purchaser agrees that the Company’s liability for any reason shall be no more than the total purchase price of the Product purchased.
DISPUTE RESOLUTION.
If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to binding arbitration. The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in Calgary, Alberta. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety-(90)-day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction.
GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the province of Alberta, and of Canada, regardless of the conflict of laws principles thereof.
ENTIRE AGREEMENT; AMENDMENT; HEADINGS.
This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
SEVERABILITY.
Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.
WAIVER.
The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
PRIVACY POLICY:
Rachel & Co. Inc. trading as Haute Stock (“Company”) is committed to protecting your privacy online. Company complies with the PERSONAL INFORMATION PROTECTION ACT (“PIPA”) and the included provisions of the CSA Model Code, as well as the General Data Protection Regulation ("GDPR") to protect the personal information of its customers. Personal information includes any information about an identifiable individual, such as name, address, gender, age, and other things. By providing Company with your personal information, you consent to its collection, use and disclosure by us in accordance with the terms of this Website Privacy Policy (the “Policy”). This Policy describes the personal information we collect and process through this website at www.hautestock.co (the “Site”).
Visitors to and users of the site are referred to as “user”, “you” and “your” and Company is referred to as “we”, “us”, and “our”.
Use of any personal information or contribution that you provide to us, or which is collected by us on or through our Website or its content is governed by this Privacy Policy. By using our Website or its content, you consent to this Privacy Policy, whether or not you have read it.
On the Site, we provide information about stock photography, business strategy, graphic design, visual branding, brand strategy, social media and a blog (the “Service”). Use of the Site, including all materials presented herein and all online Services provided by Company, is subject to this Policy. This Policy applies to all site visitors, customers and all other users of the Site.
WHAT DATA DO WE COLLECT ABOUT YOU, FOR WHAT PURPOSE AND ON WHAT GROUND WE PROCESS IT?
Personal data means any information capable of identifying an individual. It does not include anonymized data.
We may process the following categories of personal data about you:
- Communication Data that includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defence of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
- Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, email address, phone number, contact details, purchase details and financial data (such as credit card details and billing address). Financial data and purchase details are transferred to our payment processors Paypal and Stripe. You should review these processors’ Privacy Policy to determine how they use, disclose and protect your financial data We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.
- User Data that includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back- ups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.
- Technical Data that includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. If you use our website via a mobile device or app, we may collect information about your mobile device, including device ID, model and manufacturer, and location information. The source of this data is from our analytics tracking system. We process this data to analyze your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy.
- Marketing Data that includes a name and email address so that we can deliver our newsletter to you, data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.
- Social Networking Data we may access personal data from social networking sites and apps, including but not limited to, Facebook, Instagram, Linkedin, Pinterest, YouTube, Twitter. Data collected may include your name, your social network username, location, email address, gender, profile picture and any other public information. If you do not want us to access this information, please go to the specific social networking site and change your privacy settings. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.
- Sensitive Data we do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offences.
- Targeted Advertisements we may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook ads or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).
Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time.
We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. For more information on this please email us at hello@hautestock.co. In case we need to use your details for an unrelated new purpose we will let you know and explain the legal grounds for processing.
We may process your personal data without your knowledge or consent where this is required or permitted by law.
We do not carry out automated decision making or any type of automated profiling.
VIEWING BY OTHERS
Note that whenever you voluntarily make your Personal Data available for viewing by others online through this Website or its content, it may be seen, collected and used by others, and therefore, we cannot be responsible for any unauthorized or improper use of the information that you voluntarily share (i.e., sharing a comment on a blog post, posting on our Facebook page or Instagram feed, etc.).
CONFIDENTIALITY
We aim to keep the Personal Data that you share with us confidential. Please note that we may disclose such information if required to do so by law or in the good-faith belief that: (1) such action is necessary to protect and defend our rights or property or those of our users or licensees, (2) to act as immediately necessary in order to protect the personal safety or rights of our users or the public, or (3) to investigate or respond to any real or perceived violation of this Privacy Policy or of our Disclaimer, Terms and Conditions, or any other terms of use or agreement with us.
HOW WE COLLECT YOUR PERSONAL DATA
We may collect data about you by you providing the data directly to us (for example by purchasing a product/service and completing the checkout, filling in forms on our site or by sending us emails). We may automatically collect certain data from you as you use our website by using cookies and similar technologies. Please see our cookie policy for more details about this.
We may receive data from third parties such as analytics providers such as Google, advertising networks such as Facebook, search information providers such as Google, providers of technical, payment and delivery services, such as merchants, data brokers or aggregators.
MARKETING COMMUNICATIONS
Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests.
We may send you marketing communications from us if (i) you made a purchase from us (ii) you agreed to receive marketing communications and in each case you have not opted out of receiving such communications since.
We do not share your personal data with any third party for their own marketing purposes.
You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you OR by emailing us at hello@hautestock.co at any time.
If you opt out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases.
DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below:
- Other companies who provide services to us (such as our newsletter providers in order to contact you via email, our merchant accounts to process payments, Google / social media platforms in order to run advertisements, and our affiliates).
- Service providers who provide IT and system administration services.
- Professional advisers including lawyers, bankers, auditors and insurers.
- Government bodies that require us to report processing activities.
- Third parties to whom we sell, transfer, or merge parts of our business or our assets.
We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.
DATA SECURITY
We take all reasonable steps to protect the Personal Data you provide to us from misuse, disclosure or unauthorized access. We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorization. We only share your Personal Data with trusted third parties who use the same level of care in processing your Personal Data. That being said, we cannot guarantee that your Personal Data will always be secure due to technology or security breaches.
We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.
SUBMISSION, STORAGE, SHARING AND TRANSFERRING OF PERSONAL DATA
Personal Data that you provide to us is stored internally or through a data management system. Your Personal Data will only be accessed by those who help to obtain, manage or store that information, or who have a legitimate need to know such Personal Data (i.e., our hosting provider, website developer, newsletter provider, payment processors or team members).
It is important to note that we may transfer data internationally. For users in the European Union, please be aware that we transfer Personal Data outside of the European Union. By using our Website and providing us with your Personal Data, you consent to these transfers in accordance with this Privacy Policy.
DATA RETENTION
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorized use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.
For tax purposes the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for seven years after they stop being customers.
In some circumstances we may anonymize your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
YOUR LEGAL RIGHTS
Under data protection laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent.
If you wish to exercise any of the rights set out above, please email us at hello@hautestock.co.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you.
You may unsubscribe from our e-newsletters or updates at any time through the unsubscribe link at the footer of all email communications. If you have questions or are experiencing problems unsubscribing, please contact us at hello@hautestock.co.
PASSWORD
To use certain features of the Website or its content, you may need a username and password. You are responsible for maintaining the confidentiality of the username and password, and you are responsible for all activities, whether by you or by others, that occur under your username or password and within your account. We cannot and will not be liable for any loss or damage arising from your failure to protect your username, password or account information. If you share your username or password with others, they may be able to obtain access to your Personal Data at your own risk.
You agree that you will not share your username or password with anyone and that you will keep this information secure. You agree that you will not allow unauthorized users to access your account to use or download images or make changes to your account. Furthermore, you agree to the full Image License and Purchase Agreement.
You agree to notify us immediately of any unauthorized or improper use of your username or password or any other breach of security. To help protect against unauthorized or improper use, make sure that you log out at the end of each session requiring your username and password.
We will use our best efforts to keep your username and password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.
ANTI SPAM POLICY
We have a no spam policy and provide you with the ability to opt-out of our communications by selecting the unsubscribe link at the footer of all e-mails. We have taken the necessary steps to ensure that we are compliant with the CAN-SPAM Act of 2003 by never sending out misleading information. We will not sell, rent or share your email address.
THIRD-PARTY LINKS
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
COOKIES
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy.
CHILDREN
We do not collect any information from anyone under 18 years of age in compliance with COPPA (Children’s Online Privacy Protection Act) and the GDPR (General Data Protection Regulation of the EU). Our Website and its content is directed to individuals who are at least 18 years old or older.
CHANGES
Our Privacy Policy may change from time to time; if changes are made they will be posted here. You acknowledge and agree that you have reviewed this Policy and will continue to review the Site to be aware of any modifications. This privacy policy was most recently modified on May 24, 2018.
CONTACT
We are the data controllers as we are collecting and using your Personal Data. We use trusted third parties as our data processors for technical and organizational purposes, including for payments and email marketing. We use reasonable efforts to make sure our data processors are GDPR- compliant.
If you have any questions about our privacy policy or need any other information please contact our privacy officer by email: hello@hautestock.co or by mail:
Suite 300 - 4838 Richard Road SW, Calgary, Alberta T3E 6L1
We welcome your questions, comments and concerns.
Please also review our website Terms and Conditions www.hautestock.co/terms-conditions which govern your use of our Site.