Terms and Conditions

CUSTOMER TERMS AND SERVICE AGREEMENT

These Terms of Use govern your use of the websites and mobile applications provided by Hotaru Bookings (provided by Weecent Distributions Inc.) (or referred to as “Hotaru Bookings” or “we” or “us”) (collectively the “Platform”). The services we provide or make available include (a) the Platform, and (b) the services provided by the Platform and/or by Hotaru Bookings and made available through the Platform (collectively, “Services”). Any new features added to the Services are subject to these Terms. These Terms govern your use of Services provided by Hotaru Bookings.

Please read these Terms carefully. By accessing and using the Platform, you agree that you have read, understood and accepted the Terms including any additional terms and conditions and any policies referenced herein, available on the Platform. If you do not agree to or fall within the Terms, please do not access or use the Platform, or the Services.

The Platform may be used by (i) natural persons who have reached eighteen (18) years of age and (ii) corporate legal entities, e.g., companies. Where applicable, these Terms shall be subject to country-specific provisions as set out herein.

Users below the age of eighteen (18) must obtain consent from parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Platform and/or purchase of Services. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platform immediately.

Hotaru Bookings reserves the right to change or modify these Terms (including our policies which are incorporated into these Terms) at any time. You are strongly recommended to read these Terms regularly. You will be deemed to have agreed to the amended Terms by your continued use of the Platform following the date on which the amended Terms are posted.

1. Hotaru Bookings

1.1 Who we are
Depending on which Platform you access and use, these Terms form the contract between you and the following Hotaru Bookings entities:

Hotaru Bookings Philippines (www.hotarubookings.com)

1.2 What we do
Through our Platform, Hotaru Bookings links you to the Photographers (“Photographers”) for you to book a Photoshoot (“Photoshoot”) for a designated venue (hereinafter collectively referred to as “Services”). When you place a booking for Services from our Photographers, Hotaru Bookings acts as an agent on behalf of that Photographer to facilitate, process, and conclude the Photoshoot and subsequently for either us or the Photographer. Photographers may be owned and operated by third-party vendors, our affiliate companies, or us.

1.3 How to contact us
For customer support, you may reach out to us via email at hotarubookings@gmail.com or through our social media Platform in Meta (“Facebook”) or Instagram to which the link of each are www.facebook.com/hotarubookings and www.instagram.com/hotarubookings respectively.

2. Use of the Platform and Hotaru Bookings Account

2.1 You will need to register for a Hotaru Bookings account (“Hotaru Bookings Account”) for you to use the Platform. When you register for a Hotaru Bookings Account, we will ask you to provide your personal information, including your full name, display name (“display name”), a valid email address, a social media account (may it be Facebook and/or Instagram), and a unique password (hereinafter collectively referred to as “User’s Details”). We reserve the right to request further information or documentation from you to comply with our legal obligations. To Book a Photoshoot, depending on which payment method you opt for, you may need to provide us with your credit card details. Your unique password should not be shared with anyone, and you agree to keep it secret at all times. You are solely responsible for keeping your password safe. Save for cases of fraud or abuse which are not your fault, you accept that all Bookings placed under your Hotaru Bookings Account are your sole responsibility.

2.2 Hotaru Bookings shall not be liable for Bookings that encounter issues due to incomplete, incorrect, or missing information provided by you. You are obliged to provide information that is complete, accurate, and truthful for the proper processing of the Booking, including your social media account, full name, display name, phone number, and email address.

2.3 If you wish to delete your Hotaru Bookings Account, please send us an email requesting the same. We may restrict, suspend, or terminate your Hotaru Bookings Account and/or use of the Platform if we reasonably believe that:

  • 2.3.1 someone other than you is using your Hotaru Bookings Account; or
  • 2.3.2 you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms, our policies, and guidelines, or involved in activity or conduct which we deem in our sole discretion to be an abuse of the Platform.

3. Restrictions

3.1 Activities Prohibited on the Platform
You may not access or use the Platform for any purpose other than that for which the Platform makes it available. The Platform is for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Platform.

The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Platform. Hotaru Bookings reserves the right to investigate and take appropriate legal action against anyone who, in Hotaru Bookings’ sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to, the following:

  • 3.1.1 Using the Platform for any purpose in violation of local or national regulations.
  • 3.1.2 Posting any content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party.
  • 3.1.3 Posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Hotaru Bookings in its sole discretion or pursuant to local community standards.
  • 3.1.4 Posting content that constitutes cyber-bullying, as determined by Hotaru Bookings in its sole discretion.
  • 3.1.5 Posting content that depicts any dangerous, life-threatening, or otherwise risky behavior.
  • 3.1.6 Posting telephone numbers, street addresses, or legal names of any person without prior express consent.
  • 3.1.7 Posting URLs to external websites or any form of HTML or programming code.
  • 3.1.8 Posting anything that may be “spam,” as determined by Hotaru Bookings in its sole discretion.
  • 3.1.9 Impersonating another person when posting content.
  • 3.1.10 Harvesting or otherwise collecting information about others, including email addresses, without their consent.
  • 3.1.11 Allowing any other person or entity to use your identification for posting or viewing comments.
  • 3.1.12 Harassing, threatening, stalking, or abusing any person on the Platform.
  • 3.1.13 Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Websites, or which, in the sole discretion of Hotaru Bookings, exposes Hotaru Bookings or any of its customers, suppliers, or any other parties to any liability or detriment of any type.
  • 3.1.14 Encouraging other people to engage in any prohibited activities as described herein.
  • 3.1.15 Any other prohibited activities as may be listed in our Acceptable Use Policy, which is incorporated by reference herein and accessible on our Platform.

3.2 Hotaru Bookings reserves the right but is not obligated to do any or all of the following:

  • 3.2.1 Investigate an allegation that any content posted on the Platform does not conform to these Terms and determine in its sole discretion to remove or request the removal of the content.
  • 3.2.2 Remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms.
  • 3.2.3 Suspend or terminate a user’s access to the Platform or their Hotaru Bookings Account upon any breach of these Terms.
  • 3.2.4 Monitor, edit, or disclose any content on the Platform.
  • 3.2.5 Edit or delete any content posted on the Platform, regardless of whether such content violates these standards.

4. Intellectual Property

All trademarks, logos, images, and service marks, including these Terms as displayed on the Platform or in our marketing material, whether registered or unregistered, are the intellectual property of Hotaru Bookings and/or third parties who have authorized us to use their trademarks, logos, images, and service marks (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of Hotaru Bookings’ trademarks on any other website not approved by us is strictly prohibited. Hotaru Bookings will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.

Hotaru Bookings neither warrants nor represents that your use of materials displayed on the Platform will not infringe rights of third parties not owned by or affiliated with Hotaru Bookings. Use of any materials on the Platform is at your own risk.

6. Bookings

6.1 When you place a Booking with Hotaru Bookings, Hotaru Bookings will confirm your Booking by providing you with a Booking confirmation in the Platform and/or through email. If you wish to request an email receipt of your Booking, Hotaru Bookings will provide you with a soft copy. Where applicable, Bookings will include Service fees and any applicable tax (e.g., value-added tax, etc.).

6.3 Special Instructions – Hotaru Bookings and the Photographer (as the case may be) will reasonably endeavor to comply with your special instructions for a Booking. However, in cases where this is not feasible, possible, or commercially reasonable, Hotaru Bookings and/or the Photographer reserve the right to proceed with the Booking in accordance with standard Photoshoot procedures. Neither Hotaru Bookings nor the Photographer shall be responsible to replace or refund a Booking that does not conform to special instructions provided by you.

6.5 Please note that your Booking may be subject to additional terms and conditions provided by the Photographer.

6.6 Prior to Placing the Booking

  • (i) You are required to provide a mode of delivery for the final product if you wish for an alternative to the in-app messaging system, such as a social media account (Meta “Facebook” or Instagram) or an email address, to enable the Photographer to deliver the product to you.
  • (ii) Once you select a Photographer, you will be taken to that Photographer’s Portfolio page to browse reviews, view past works, and select the desired Photoshoot package. It is the client’s responsibility to conduct their due diligence in selecting a Photographer. Neither Hotaru Bookings nor the Photographer shall be responsible to replace or refund a Booking that does not meet the client’s preferences.

6.7 Placing the Booking
To complete a Booking, please follow the onscreen instructions after clicking ‘Checkout’. You may be required to provide additional details for us to complete your Order. You must review and confirm that all the information you provide, including amounts, delivery details, personal details, payment information, and voucher codes (if applicable) is true, accurate, and complete before clicking “PLACE ORDER”. An Order is successfully placed when you receive an email confirmation containing your Order receipt from us.

6.8 Cancelling a Booking
If you wish to cancel a booking, our platform allows you to do so. The refund you are entitled to will be subject to Hotaru Bookings’ Terms and Conditions (see section 6.9 Refunds).

6.9 Refunds

  • (i) Online Payment Booking
    • Customers are entitled to a full refund (100%) if the Photographer cancels the booking.
    • A forty percent refund (40%) will be issued if you cancel the booking more than 72 hours before the booking start time.
    • No refund (0%) will be provided if you cancel the booking within 72 hours or less of the booking start time. If a booking is placed within 72 hours or less of the start time, cancellation will result in No Refund (0%) unless the Photographer cancels, in which case the booking will be fully refunded (100%).
    • Refunds (in whole or in part) will be issued to the payment method used for the transaction, and you forfeit the time slot of the canceled Booking.
    Refund Summary:
    • 100% Refund if the photographer cancels your booking.
    • 40% Refund if you cancel more than 72 hours before the booking start time.
    • 0% Refund if you cancel 72 hours or less before the booking start time.

6.10 Hotaru Bookings reserves the right to cancel any Booking and/or suspend, deactivate, or terminate your Hotaru Bookings account at its sole discretion if it reasonably suspects or detects fraudulent behavior or activity associated with your Hotaru Bookings account and/or with your Booking.

7. Prices and Payments

7.1 Prices quoted on the Platform will be displayed in the applicable country’s national currency and are subject to applicable tax. Prices and offers on the Platform may vary from those offered directly by our Photographers (on their own websites, mobile applications, or social media accounts).

7.2 The way prices of Goods are displayed may vary depending on the Photographer. Prices on our Platform may:

  • 7.2.1 include VAT or other equivalent tax, or
  • 7.2.2 exclude VAT or other equivalent tax.

Before checking out, a breakdown of the costs and any additional fees is shown. By placing an order, you consent to the final “Total” amount displayed, including any additional fees and costs.

7.3 Prices indicated on the Platform are accurate at the time of each Order but may be subject to change.

7.4 You can choose to pay for an Order using any of the payment methods available on the Platform, including:

  • 7.4.1 Payment partners such as Paymongo, which supports payments through Visa, Mastercard, GrabPay, GCash, Maya, BPI, Security Bank, AUB Credit Cards, billease, coins.ph, 7-Eleven, Cebuana Lhuillier, M Lhuillier, and Landbank;
  • 7.4.2 Other payment methods we may offer from time to time.

7.5 If you have credit in your Hotaru Bookings account or valid promotional or discount vouchers, you can use these to pay for part or all of your Order, as applicable.

7.6 After an Order is successfully placed, you will receive an email confirmation from us containing your Order receipt.

7.7 Payment Methods
Hotaru Bookings reserves the right to introduce additional payment methods and/or remove existing payment methods at any time in its sole discretion. If you opt to pay using an online payment method, the payment will be processed by our third-party payment service provider(s). With your consent, your credit card/payment information may be stored by our third-party provider(s) for future orders. Hotaru Bookings does not store your credit card or payment information.

7.8 You must ensure sufficient funds are available on your credit or debit card to fulfill the payment of an Order. Where required, Hotaru Bookings takes responsibility for payments made on our Platform, including refunds, chargebacks, cancellations, and dispute resolution, as long as it is reasonable, justifiable, and in accordance with these Terms.

8. Delivery of Products

8.1 Mode of Delivery
You acknowledge that our Photographers deliver their Goods primarily through digital mediums such as the in-app messaging system, social media (if provided or requested by the client), email, and other communication methods. By providing your contact details to the Platform, you consent to receiving digital outputs from the vendors for the services rendered to you.

8.2 Delivery Time

  • 8.2.1 Photographers will deliver your digital outputs through the available modes on the Platform or via the contact method you provided. An estimated delivery time will be shared in your email confirmation and Hotaru Bookings account, though actual times may vary due to factors beyond our control (e.g., holidays, weather conditions, special requests). You can track the remaining delivery time for an order by selecting ‘Ongoing’ in the booking section on the Platform.

8.3 Unsuccessful Product Delivery

  • 8.3.1 This applies to instances where the Photographer fails to provide the product output or delivers an invalid output via any medium. If this occurs, please reach out to our customer support and provide evidence of the unsuccessful or faulty delivery, along with any additional information to assist in our investigation. Should Hotaru Bookings be unable to resolve the issue and deliver the final product, the client will be entitled to platform-based compensation. Examples include, but are not limited to:
    • (i) No output was provided through the Platform’s chat function.
    • (ii) A third-party output medium was provided, but it does not contain the product.
    • (iii) Products provided via the Platform or a third-party service are corrupted.
    • (iv) The output contains incorrect items, such as photos belonging to other clients or unrelated images.

9. Vouchers, Discounts, and Promotions

9.1 From time to time, Hotaru Bookings may initiate marketing and promotional campaigns that include voucher codes, discounts, and other promotional offers available on the Platform (“Vouchers”). These Vouchers may be subject to validity periods, redemption periods, usage restrictions, limits, and other availability criteria.

9.2 Vouchers may not be valid when used in conjunction with other promotions, discounts, or Vouchers. Additional terms and conditions, including those specific to Photographers, may apply to the use of Vouchers.

9.3 Unless otherwise specified, Vouchers can only be utilized on our Platform.

9.4 Vouchers are non-transferable, non-exchangeable, non-refundable, and cannot be redeemed for cash.

9.5 Hotaru Bookings reserves the right to withdraw, amend, or alter any applicable terms and conditions associated with the Vouchers at any time without prior notice. Additionally, Hotaru Bookings has the authority to void, discontinue, or reject the use of any Voucher without prior notification.

9.6 At its sole and absolute discretion, Hotaru Bookings may exclude, disqualify, or refuse you or certain Vendors the use of Vouchers at any time without prior notice.

10. Representations, Warranties, and Limitation of Liabilities

10.1 Representations and Warranties
You acknowledge and agree that the content on the Platform is provided on an “as is” and “as available” basis, and that your use of or reliance upon the Platform and any content, goods, products, or services accessed or obtained thereby is at your sole risk and discretion. While Hotaru Bookings makes reasonable efforts to ensure the availability of the Platform and the services we offer at all times, we do not warrant or represent that the Platform will be provided in a secure, timely, uninterrupted, error-free manner, or free of technical difficulties, defects, or viruses. Please expect temporary interruptions of the Platform due to scheduled maintenance, downtimes attributable to the internet or electronic communications, or events of force majeure. You agree that all risks arising from online transactions will be borne by you.

10.2 Limitation of Liability
To the extent permitted by law, Hotaru Bookings (which includes its employees, directors, agents, representatives, and affiliates) excludes all liability (whether arising in contract, negligence, or otherwise) for loss or damage that you or any third party may incur in connection with our Platform, our services, and any website linked to our Platform, as well as any content or material posted on it. Your exclusive remedy with respect to your use of the Platform is to discontinue that use. The Hotaru Bookings entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platform or for any other claim related to your use of the Platform. This includes, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the Hotaru Bookings entities have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, Hotaru Bookings’ liability shall be limited to the extent permitted by law.

10.3 Photographer’s Representations
Hotaru Bookings shall neither be liable for actions or omissions of the Photographer nor you regarding the provision of the Services. Hotaru Bookings does not assume any liability for the quantity, quality, condition, or other representations of the services provided by the Photographer or guarantee the accuracy or completeness of the information (including package information, photos, and images of the Goods) displayed on the Photographer’s listing/offering on the Platform. Nothing in these Terms shall exclude the Photographer’s liability for death or personal injury arising from the Photographer’s gross negligence or willful misconduct.

11. Photographer Liability
Photographers are responsible for the preparation and quality of the Services. They are also responsible for the delivery of the final product. Hotaru Bookings shall not be liable for any loss or damage arising from your contractual relationship with the Photographer. The “edited” product provided by the Photographer is considered the final product; raw photos provided for selection are not representative of the final output.

12. Personal Data (Personal Information) Protection
You agree and consent to Hotaru Bookings and any of its affiliate companies collecting, using, processing, and disclosing your Personal Data in accordance with these Terms and as further described in our Privacy Policy.

13. Indemnity
You agree to indemnify, defend, and hold harmless Hotaru Bookings, its directors, officers, employees, representatives, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including but not limited to legal fees) arising out of or in connection with any of the following:
a) your use of the Platform and Services in your dealings with any third parties, including, but not limited to, the Photographers and other users of the Platform;
b) your breach of these Terms or any applicable law or regulation;
c) your violation of any rights of any third party; or
d) your misuse of the Services and/or the Platform.

14. Third-Party Links and Websites
The Platform may contain links to other third-party websites and by clicking on these links, you agree to do so at your own risk. Hotaru Bookings does not control or endorse these third-party websites or links and shall not be responsible for the content of these linked pages. Hotaru Bookings accepts no liability or responsibility for any loss or damage which may be suffered by you in relation to your access and use of these third-party links and websites.

15. Termination
Hotaru Bookings has the right to terminate, suspend, or delete your Hotaru Bookings Account and access to the Platform, including any booking service and/or “in-platform credit” we provide to you in respect of a booking, with immediate effect for any reason, including, without limitation, if Hotaru Bookings, in its sole discretion, considers your use to be unacceptable, or in case of noncompliance or serious suspicion of non-compliance with the applicable laws, including, but not limited to, anti-money laundering and terrorist financing laws and regulations, or in the event of any breach by you of the Terms. Hotaru Bookings may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Platform.

16. Amendments
Hotaru Bookings may amend these Terms at any time in its sole discretion. The amended Terms shall be effective immediately upon posting and you agree to the new Terms by continued use of the Platform. It is your responsibility to check the Terms regularly. If you do not agree with the amended Terms, whether in whole or in part, you must stop using the Platform immediately.

17. Assignment
These Terms, as may be modified from time to time, may not be assigned by you without the prior written approval of Hotaru Bookings. Hotaru Bookings may assign these Terms, whether in whole or in part, to any third-party, including its affiliates or related entities, without your consent.

18. Severability
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms which shall remain in full force and effect. No waiver of any provision in these Terms shall be deemed a further or continuing waiver of such provision or any other provision.

19. Contact Us
If you wish to contact us regarding any questions or comments you may have, please send an email to our customer support email at hotarubookings@gmail.com.