Welcome to the MadAboutPix.co.uk Imagine print service Terms and Conditions.
These documents constitute the entire agreement between us with respect to the use of the Service, the uploading and submission by you of Images and Content to the Service, the ordering of Products by you and the production and delivery of those Products in fulfillment of those orders.
We reserve the right to change these Terms and Conditions at any time. We recommend you check our website for changes each time you use the Service and before placing any order.
Please read these Terms and Conditions carefully. You must comply with these Terms and Conditions to access or use the Service. By accessing or using the Service or placing any order for Products, you accept these Terms and Conditions and agree to be legally bound and subject to them. Acceptance of the Terms and Conditions creates a binding legal agreement between you and us you will comply with the Terms and Conditions and use the Service only in a manner consistent with these Terms and Conditions. If you do not agree with these Terms and Conditions, do not access the Service or use any of its services.
- Becoming a Member
You will become a member of the Service once you have entered your name, your chosen password, your email address (which must be a genuine email address) and you have received from us by email, confirmation of your membership. Once you are a member of the Service we will enable you to use all of the photo and imaging services described on the Service for members. We only permit one membership for each genuine email address. Your email address will be used for sending you all notices.
- Your Password and Account
(a) You are responsible for maintaining the confidentiality of your password and account details. You are solely responsible for the activity which occurs on your account. You must notify us immediately of any breach of security or any unauthorised use of your account. Although we will not be liable for your losses caused by any unauthorised use of your account unless we are at fault (in which case clause 10 applies). However, you may be liable for our losses or the losses of others due to such unauthorised use.
(b) If you have forgotten your password you may click the link on the home page and we will email your password to you. We will keep you informed of the status of your account during your membership via your email.
- Termination of Membership
Access to the Service is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service without notice. We may terminate your membership by notice with immediate effect if you are in breach of these Terms and Conditions. We also reserve the right to terminate your membership at our discretion in which case we will endeavour to give you reasonable notice (or at least two days’ notice). We will endeavour to fulfil any orders for Products placed by you in accordance with these Terms and Conditions prior to the termination of your membership, provided that we may at our option decline to fulfil all or part of any such orders, in which case we will offer you a refund for the order or relevant part.
If you wish to terminate your membership at any time, you may do so by advising us by email or in writing. Please visit our website for details on how to contact us.
If your membership is terminated, you will no longer be able to access the Service and we may at our discretion remove your materials from the Service. You are responsible for obtaining any copies of your Content before termination takes effect. We are not responsible for any loss of data resulting from removal of or deletion of Content.
If we terminate membership we may at our discretion fulfil or cancel any order accepted by us prior to the date of termination. If we cancel an order we will refund any amount already paid.
- Children Not to Order Products or Submit Images
(a) We are particularly concerned to preserve and protect the privacy of children and their personal information.
(b) If you are under the age of 16 years you must not apply to become a member of the Service. Please do not attempt to submit any photos or other information about yourself to us (such as your name, address, telephone number or email address) or order any Products from us.
(c) If you are aged from 16 to 18, you should obtain permission from your parents or guardians before applying to become a member of the Service, sending any photos or other information about yourself to us or ordering any Products.
- Your Copyright
(a) Generally under copyright laws the owner of the copyright in images or photographs is the person who created the images or took the photographs. You represent and warrant to us that you are the owner of the copyright or have the express permission of the owner of the copyright in the Content which you submit to the Service.
(b) We claim no ownership rights in any Content submitted by you to the Service. You hereby grant to us and our Contractors a worldwide non-exclusive, transferable, royalty-free licence to use, copy, display, modify, transmit and distribute any Content (including images or photographs) submitted by you to the Service in such manner as we and our Contractors consider reasonably necessary solely for the purposes of providing the Service to you and fulfilling your orders for Products.
(c) Third Party Copyright Claims: We respect the intellectual property rights of others. We may disclose your identity to any third party who is claiming that Content uploaded by you infringes its intellectual property rights or right to privacy. Without limiting any of our other rights and remedies under these Terms and Conditions (including clause 8(b)) if we receive any such claim, or if any such claim is brought to our attention, we may refer it to you. It is your responsibility to: i) resolve any claim referred to you; and ii) ensure that the claimant confirms to us in writing that the claim has been resolved, within seven (7) days of the date on which the claim was referred.
- Intellectual Property Rights
(a) Any trade marks, trade names or logos displayed on the Service are the property of their respective owners and must not be used in any manner without the prior written consent of the owner.
(b) You should assume that all of the Content that appears on the Service or which is made available to you through the Service, including photographic images, is owned by third parties and is protected by copyright or other proprietary rights. You must not modify, copy, reproduce, republish, frame, upload, post, transmit or distribute such Content in any way except as expressly permitted by the Service or expressly authorised in writing by the owner of that Content. You agree not to alter or remove any information, consent or other proprietary notice or legend on any of the Content, unless you are the owner of the intellectual property rights in that Content.
- Links to Third Party Websites
- Materials and Content Not Permitted on the Service
(a) Any Content submitted by you to the Service is subject to our review. While we reserve the right to review, monitor, remove or delete Content, we are under no obligation to do so.
(b) We reserve the right at our sole and absolute discretion to restrict access to the Service, refuse to display Content on the Service, remove Content from the Service or refuse to use any Content submitted by you for use in the production of a Product if we consider it necessary or appropriate, including without limitation if we receive a written complaint alleging copyright infringement or if Content is deemed by us to be objectionable, to potentially infringe any third party rights or to be contrary to applicable laws or otherwise unsuitable for use in the production of a Product.
(c) If in our sole judgment any Content uploaded by you is in violation of applicable laws (including without limitation laws relating to child pornography, child abuse and animal abuse) such Content will be reported by us to law enforcement authorities
(d) Without limiting the above in any way, you are not permitted to post, upload, email, publish, transmit or otherwise make available any Content which:-
- is, or we believe is, offensive, personally offensive, defamatory, abusive, obscene, upsetting, menacing, threatening, harassing or pornographic;
- is illegal under any law or regulation at any place where Content is posted or uploaded from and / or viewed, and / or received, or infringes any industry code of conduct;
- in the case of Products ordered through the Service, is illegal under any law or regulation at any place where those Products are to be delivered;
- infringes the intellectual property rights or rights to privacy of any person; or
- in our opinion may bring us or the Service into disrepute.
(e) You are not permitted to use the Service:-
- to engage in any activities in such a manner as may expose us or our Contractors, to liability or adversely affect our name, reputation or business or those of our Contractors;
- to do any act that may damage or interfere with the Service, network or systems or cause the quality of the Service to be impaired; or
- to commit a crime or in the course of committing a crime or for an unlawful purpose.
- Our Liability to You
(a) As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights. Our Photo Gifts Returns and Refunds Policy (see link above) contains details of how to contact us to address a possible claim regarding Products which are faulty or not as described and arrange for their return.
(b) Clause 9 of these Terms and Conditions does not exclude any commitments given by us in our Photo Gifts Returns and Refunds Policy.
(c) Your access of or use of the Service is at your own risk. You should take appropriate steps to back-up Content submitted by you to the Service and to protect your computer against any damage that could result from your access to or use of the Service. The Service, the uploading of Content to the Service, the transfer of any Content to or from third party websites, the transfer of any Content for use in the production of Products and the ordering of Products through the use of the Service may not be error free or uninterrupted. We do not give any commitment in relation to the security, reliability, timeliness and performance of the Service and any of those other functions. To the extent permitted by law we and our Contractors are not responsible for interruption of the Service, linkage to any third party sites, damage to your computer, damage to other property or loss of Content or other data resulting from your access to or use of the Service.
(d) Our and our Contractors’ total aggregate liability to you in connection with the provision or non-provision of the Service or any Products or otherwise in connection with the subject matter of these Terms and Conditions, whether arising in contract, tort, misrepresentation or otherwise, will in all circumstances be limited to:
- where the Photo Gifts Returns and Refunds Policy applies, providing you with the remedy or remedies set out in that document;
- where such liability otherwise arises in relation to any specific order(s) of Products, the price paid by you in respect of that or those order(s); or
- where the Photo Gifts Returns and Refunds Policy does not apply and such liability arises other than in relation to any specific order(s) of Products, the sum of £50.
(e) Nothing in these Terms and Conditions excludes or limits our liability for any matter for which it would be illegal for us to exclude or attempt to exclude our liability to you.
- Your Liability to Us
(a) You agree to indemnify us and hold us harmless from and against the amount of any and all damages, losses, liabilities, costs or expenses (including but not limited to legal and professional costs) we incur arising from:
- your breach of any term of these Terms and Conditions;
- any third party claim that any Content uploaded by you, or any Products made to that Content, infringe any intellectual property rights or rights to privacy of that third party; or
- any other third party claim arising from or in relation to your use of the Service.
(b) The provisions of this clause 10 will survive the termination of any contract formed on these Terms and Conditions.
- Orders for Products
(a) Each order for Products placed by you through the Service shall upon acceptance by us in writing form a legally binding contract between you and us for the sale and purchase of the Products ordered. We recommend you carefully preview the Products to be ordered by you and the choices made by you for their production before ordering, and ensure you are satisfied before adding them to your Shopping Cart.
(b) Due to the personalised nature of the Products ordered through the Service, no order for Products placed by you through the Service may be cancelled. However, if you believe you have placed an order in error, or if you wish to adjust any order, please email or contact us in the manner detailed in clause 14 below and we will assess whether in the circumstances we are able to assist you.
(c) The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect. The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time.
We will use reasonable endeavours to ensure that with 14 Business Days of the acceptance by us of your order for Products, those Products shall be provided by us to a third party carrier for delivery to you. Ordinarily, delivery of an order to you may be expected within the period specified for delivery on our website. However we cannot accept responsibility for delivery failures or delays by other third party carriers and time shall not be of the essence in relation to any delivery of Products under these Terms and Conditions.
- Reproduction of Colours, Uploading of Images and Your Responsibilities
(a) Reasonable efforts are made to display the colours of Products (including colours to be reproduced from Content uploaded by you) that appear online on the Service as accurately as possible, however the colours displayed to you on the Service will depend on your monitor and the settings of your monitor.
(b) Before confirming an order for a Product, it is your responsibility to edit any images uploaded by you for use in that Product, including without limitation by cropping the image to your requirements and ensuring the image meets the degree of resolution required by you or the minimum resolution recommended for that Product.
(c) We will not be liable to compensate you, give you a refund or to reproduce any Products:
- if the actual colours of Products provided to you or their tones differ to the colours of those Products as displayed to you on the Service (unless this is due to fault on the part of us or our Contractors in connection with the production of those Products); or
- in relation to the poor quality of prints or images incorporated in Products as a result of improper cropping by you or the failure of the image uploaded by you to meet the minimum resolution recommended for that Product.
- Notice Order Enquiries
If you wish to give us notice under these Terms and Conditions, or have any query about the progress of your order for any Products, please contact us and quote your order number if applicable (as provided by us on acceptance of your order). For details on how to contact us please check our website.
If we wish to give you notice under these Terms and Conditions, we will do so by email to the email address provided by you in relation to your account for the Service.
(b) We and our Contractors may collect and retain the personal information which you submit to us via the Service, including your name, address, billing and delivery information, email address, and credit card details.
(c) We and our Contractors, will use this information to provide the Service, fulfil and follow up on your orders for Products, respond to queries regarding orders and Products and services and create and maintain your account. We and our Contractors may use this information to provide you with information on your account and the Products purchased via the Service. We may also send you promotional information and/or special offers about products and services that we thinks may be of interest to you, unless you indicate that you do not wish to receive such promotional information.
- Photo Storage
(a) The Service’s photo storage facility is known as My Photos.
(b) When you become a member of the Service you receive free storage of images for your photo albums for 12 months’ from the date of activation. Thereafter, you will maintain free storage for your albums provided that a verified print order is made at least once every 12 months either by you yourself or by someone with whom you have shared your albums. From the date each verified order is received, the membership will be credited with free storage for the following 12 months i.e., the 12 months free storage period re-starts with each print order. The maximum period of free storage at any point in time is 12 months.
(c) At the end of the free storage period we may by giving you not less than two (2) days’ notice remove and/or delete your photo albums.
(d) We are not responsible for any loss of data or images resulting from removal and/or deletion of Content.
- Governing Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.
If any court of competent jurisdiction finds any provision or part thereof of these Terms and Conditions to be illegal, invalid or unenforceable that provision or part thereof shall be severed from these Terms and Conditions and the remaining terms and provisions of these Terms and Conditions shall remain in force.
The failure by us to enforce any right or provision of these Terms and Conditions will not restrict us from enforcing it now or in the future.
In these Terms and Conditions the following expressions shall have the following meanings unless otherwise stated:-
“Contractors” means any of our agents, contractors and sub-contractors who are engaged in the creation, provision or maintenance of the Service or in the production of Products and the fulfilment of orders for Products made through the Service;
“Business Day” means any day other than a Saturday, Sunday or public holiday in the United Kingdom;
“Content” means any images, photographs or other materials or content submitted or uploaded to the Service;
“Product” means any printed photo or photo gift or other product that is offered for sale and may be ordered through the Service; and
“you” and “your” means the person registering for, accessing or using the Service, or ordering Products from us, under these Terms and Conditions.