These Terms of Service (“Terms”) govern your access to and use of the website, marketplace and services of Eye of the Guide (the “Service”), including the platform where nature guides (the “Guide Sellers”) upload photographic images and customers (“Buyers”) may purchase prints, posters and maps (collectively, “Products”). By accessing or using the Service you (“you”, “your”, “Buyer”, “Guide Seller” or “User”) agree to be bound by these Terms and our Privacy Policy.

1. Use of the Service

You may use the Service only if you are legally capable of entering into binding contracts and in compliance with these Terms and applicable laws. You may browse the Service as a Buyer without registering. If you register as a User (Buyer or Guide Seller), you must provide true, accurate, current and complete information, and keep it updated. By registering and/or using the Service you grant Eye of the Guide a revocable, non-exclusive, non-transferable licence to provide the Services in accordance with these Terms. You may not use the Service for any commercial purpose outside the scopes permitted (i.e., Buyers purchasing Products, Guide Sellers uploading images under the agreed terms). If you are a Guide Seller, you warrant that you are authorised to submit the images and content you upload, and that those submissions comply with all applicable laws and do not infringe third-party rights.

2. User Accounts

When you create an account, you will set up a username/password (“Account Information”). You are responsible for maintaining the confidentiality of your Account Information and for all activity under your account. You agree not to share your account or allow others to use it, and to notify us immediately if you learn of any unauthorised use. We reserve the right to suspend or terminate your account or your access to the Service at any time for violation of these Terms.

3. Buyers – Orders, Pricing & Payment

When you place an order (“Order”) for a Product, you make an offer to purchase. We (or our fulfilment partners) will accept the Order by processing payment and shipping the Product. Your receipt of an electronic confirmation does not mean your Order has been accepted. No contract is formed until Product has been shipped. You are responsible for payment of all charges associated with the Order (including taxes, duties and shipping). We reserve the right to adjust pricing, correct errors, or refuse or cancel Orders at our discretion. All pricing is subject to change, and we cannot guarantee availability until Order acceptance. We make efforts to present Products accurately, including colour and size, but actual appearance may vary.

4. Returns, Refunds & Cancellations

Because each Product is personalised (made-to-order) upon purchase via print-on-demand, returns and refunds are limited. Unless otherwise stated, we do not accept returns or exchanges simply for change of mind. If a Product arrives damaged, defective or incorrect, you may contact us with photographic evidence within [XX] days of delivery. We will review and may repair or replace in our sole discretion. Buyers may request cancellation of an Order only within [XX] hours of placing it; once production has begun cancellation may not be possible.

5. Intellectual Property

All software, technology, trademarks, service marks, content (other than Guide Sellers’ uploaded Content) and other intellectual property rights in the Service are owned by or licensed to Eye of the Guide. You may not copy, reproduce, republish, upload, post, transmit or distribute any portion of the Service except for your own personal, non-commercial use, without our prior written consent. The licence you grant as a Guide Seller (see Section 4) does not transfer your ownership of the Content.

6. User Conduct

You agree not to:

• Use the Service for unlawful, harmful or abusive purposes;
• Upload or transmit any material that is infringing, defamatory, obscene, harassing, racially or ethnically offensive, or otherwise objectionable;
• Attempt to circumvent security, reverse engineer the Service, harvest data, use bots or scripts to access the Service;
• Impersonate any person or entity, or falsely claim an association with any person/entity;
• Interfere with or disrupt the Service, servers or networks connected to the Service.
  
  

7. Modifications and Discontinuance

We reserve the right to modify or discontinue (temporarily or permanently) the Service (or any part thereof) at any time with or without notice. We will not be liable to you or any third party for any modification, suspension or discontinuance.

8. Disclaimers & Limitations of Liability

The Service and Products are provided “as is” and “as available” without warranty of any kind, whether express or implied. To the fullest extent permitted by law, Eye of the Guide and its affiliates, officers, directors, agents and employees will not be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, data, use or goodwill, arising out of or in connection with your use of the Service or Products, even if advised of the possibility of such damages. Our total liability for all claims arising out of or relating to your use of the Service or Products shall, in aggregate, be limited to the amount you paid for the specific Order giving rise to the liability (or, where not applicable, a nominal amount). Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability. In such cases our liability shall be limited to the minimum permitted under applicable law.

9. Indemnification

You agree to indemnify, defend and hold harmless Eye of the Guide, its affiliates, officers, directors, employees, agents and partners from any and all third-party claims, damages, losses, costs or expenses (including reasonable legal fees) arising from:

• your use of the Service;
• your violation of these Terms;
• your breach of any representation or warranty;
• your submitted Content or any Product made using it;
• your violation of any rights of a third party.
  
  

10. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of [insert jurisdiction – e.g., England & Wales] without regard to conflict of laws principles. Any dispute arising out of or in connection with these Terms or the Service shall first be addressed by the parties in good faith. If unresolved, the dispute will be submitted to the exclusive jurisdiction of the courts of [insert jurisdiction] or by arbitration/mediation if applicable. If you are a consumer in the EU/UK or another jurisdiction with mandatory consumer protections, you may have rights that cannot be waived by contract; nothing in these Terms shall reduce those rights.

11. Notice

Where we require you to provide us with an email address, you are responsible for providing a valid address. Notices we send by email shall be deemed given when sent to the most recent email address you provided. You may contact us at:
Email: hello@eyeoftheguide.com

12. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms at any time.

13. Waiver & Severability

Failure by us to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held invalid or unenforceable under applicable law, it will be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions of these Terms will remain in full force and effect.

14. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published by us on the Service, constitute the entire agreement between you and Eye of the Guide concerning the Service, superseding any prior agreements.