Please read this document carefully as it contains the legal terms and conditions (“Terms”) that you agree to when you place an order with Snappy Snaps via the internet, using our Website or by mail order. You may use the Website providing you agree to these Terms. If you do not agree to these Terms, you must not use the Website. If you do use the Website, you will be deemed to have accepted these Terms. We reserve the right to amend these Terms from time to time without prior notice by posting such changes on this Website. The new terms will be effective immediately they are posted. Definitions Snappy Snaps means the franchisee (independently licensed by Snappy Snaps Franchises Limited) whose name, principal place of business, telephone and email contact details are provided in the Contact Us section of our website. The franchisee is referred to in these Terms as “Snappy Snaps” or “us” or “we” or “our”. Customer means the person accessing the Website or placing an order with us and referred to in these Terms as “Customer” or “you” or “your”. Website means Service means the provision of goods and services by us to you General 1. The Service is only available to Customers in the UK and Ireland. Your images will be uploaded and stored in accordance with these Terms. Once your order has been completed and payment is confirmed we will prepare your order for you to pickup by visiting our store within normal working hours (or for despatch by Royal Mail recorded delivery or similar service if you have expressly chosen this delivery method). Unless otherwise expressly stated, all new features and/or enhancements of the Service will be subject to these Terms 2. This Website and all of the related pages, including but not limited to content, software, code, graphics or other material contained either in the sponsor advertisements or electronically distributed on this Website is owned by Snappy Snaps Franchises Ltd (whose principal place of business is 12 Glenthorne Mews London W6 0LJ) the software providers or the sponsors or all or both and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Unauthorised use of any copyrighted materials, trademarks or any intellectual property without the express prior written consent of the owner is strictly prohibited. 3. We will use reasonable endeavours to ensure that the website Service is available 24 hours a day 7 days a week. Telephone assistance will be available during normal working hours. On occasion the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment which are beyond our control. We will take reasonable steps to minimise such disruption where it is within our reasonable control. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Service. 4. All brand, product and service names used in the Service which identify us or third parties and their products and services are the property of Snappy Snaps Franchises Limited and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any licence or right on behalf of Snappy Snaps Franchises Limited, Snappy Snaps or any third party with respect to any such image, logo or name. 5. We and/or Snappy Snaps Franchises Limited and/or the relevant third parties are, unless otherwise stated, the owner of all copyright and database rights in the Service and its contents. You may not publish, distribute, extract, re-utilise or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means). 6. We do not endorse or take responsibility for the content of other websites or the availability of other websites which you access via the Service and you agree that Snappy Snaps is not liable for any loss or damage that you may suffer by using other websites. 7. Snappy Snaps does not control the content of your images and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Service. 8. You agree that Snappy Snaps may at any time without notice remove or suspend any part of the Service; or refuse to fulfil any order, or any part of any order and delete any images you have sent to the Service if, in Snappy Snaps’ sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires Snappy Snaps to do so. 9. Snappy Snaps will retain your images for fourteen days from the date we post your prints to you after which they may be deleted without further notice being given to you. Snappy Snaps may change this policy at any time, upon reasonable notice to you. 10. Snappy Snaps agrees that all services will be carried out with reasonable skill and care, and any goods supplied will be of satisfactory quality and reasonably fit for its purpose. 11. All prices are stated in UK £ sterling and are valid until altered by us. Prices do not include any delivery charges or duties. Any dates specified for delivery of any products are intended to be an estimate only and not binding on us. 12. We shall not be liable to you, except in respect of injury or death of any person (for which no limit applies within the jurisdiction of England and Wales) regardless of the form of action, whether in contract, tort (including negligence and breach of statutory duty), strict liability, or otherwise whatsoever, for any loss of profit, business, contracts, or revenues, or for any special, indirect or consequential damage of any nature whatsoever arising directly or indirectly out of your use of our Website or Service. If you access our Website, or use the Service, you agree that this clause 8 relating to limitation of liability is reasonable and it reflects the nature of ordering from a website. 13. Nothing in these Terms shall confer on any third party any benefit or right to enforce any term of the agreement between you and us. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms. 14. These Terms constitute the entire agreement between us and you with respect to your use of the Service. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more right or provision contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. 15. These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these Terms shall be subject to the jurisdiction of the courts of England and Wales. Use of the Website 16. We recognise that when you access our Website, your computer downloads a copy of the material on this Website. By obtaining access to our Website, you agree that you will use the material for your personal use only. You agree not to use the material for any commercial purpose. In particular, without limiting the generality of the foregoing, you may not do any of the following without prior written permission from us: redistribute or modify any of the content of our website unless you obtain written permission from us by way of an authorised officer; remove any copyright or trade mark notices from any of the content; create a database in electronic or structured manual form by systematically downloading and storing all or any of the content of our Website. 17. We do not give any warranty, condition, guarantee or representation, express or implied, relating to information contained on this Website or to any website to which it is linked. Further, we do not warrant that our Website will be free of error or that the Website and the server are free of computer viruses or harmful applications. 18. We may from time to time provide links from the Website to other sites. The linked sites are not under our control and we explicitly state that we are not responsible for the content of any linked site. The links are provided for your convenience and any such link does not imply endorsement by us of the site or of any association with the operators of the site. Use of the Service 19. The Services are offered subject to availability. 20. Any statements made as to delivery times are limited to mainland UK and subject to any delays resulting from force majeure or postal delays for which we will not be responsible. 21. When you place your order you confirm and undertake to us that all the details you provided are accurate and true and that you are also the authorised user of the credit or debit card used to place your order, with sufficient funds to cover the cost of the Service. 22. After placing your order, you will receive an acknowledgement e-mail confirming receipt. The contract between you and us will not be formed until we send you confirmation by e-mail that the Services ordered have been dispatched following the pre-authorisation check of your debit or credit card. Any promotional discounts will require a code that can be applied in respect of certain Services only for a limited period and will be subject to certain conditions You agree NOT to use the Service: 23. for any unlawful purpose; 24. to upload, post, order for print, email or otherwise transmit or communicate any material that is obscene, indecent, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or public rights, defamatory, libellous, vulgar, illegal or otherwise objectionable; 25. to upload, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including but not limited to Snappy Snaps and Snappy Snaps Franchises Limited; 26. to harm minors in any way, including, but not limited to, content that is indecent, violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; 27. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; 28. to upload, post, email or otherwise transmit any material which is likely to cause harm to Snappy Snaps or anyone else’s computer system, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorised access to the Service which may cause any defect, error, malfunction or corruption to the Service; 29. to interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or 30. to provide any information to Snappy Snaps that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. Copyright 31. You are personally responsible for all of the images you order for print or copy using the Service. You must have the legal right to copy each image that you order for print. Images that are provided to you by professional photographers or made available through websites, magazines, books or other resources, are protected by copyright and should not be sent to us to be printed. Returns Policy 32. Under the Distance Selling Regulations, you have a statutory right to cancel your order or return the item and receive a full refund or replacement for any item within 7 working days of receipt, excluding items ordered in the store. You must take reasonable care of the item. This does not apply to: downloads; items personalised or made to your specification; digital items; audio/video/dvd recordings or software which have been unsealed. 33. We do not provide a colour matching service and although we will endeavour to produce the best quality from each image there will be colour variations and colour shifts caused by many factors including your own monitor settings and calibration. 34. If you have any questions, please contact us by sending an email or writing to us at the address shown in the Contact Us section of the Website or call the phone number listed in your order confirmation e-mail. 35. If you do need to make a return, simply send your order – in the original packaging, if possible – along with the payment receipt and order reference number to the address shown on the payment receipt. 36. We will refund the sale when we receive your returned order. If we have sent you the wrong item or your item arrived damaged or faulty, we will also refund your original delivery charges. Privacy Statement - Data Protection Act Snappy Snaps Franchises Limited has notified the Data Protection Commissioner under the terms of the Data Protection Act that it may obtain information about data subjects. You will appreciate that we need to gather some personal information from you when you wish to buy our products or services. The full details of the information we need is set out on the order form. You can volunteer some of the information we ask, but you are not obliged to fill in all the boxes marked with an asterisk. Any information that is gathered from visitors or customers to this site is not sold, made available to, or otherwise distributed to third parties outside the Snappy Snaps group for any purpose. We may, on occasions, collect additional personal information from surveys and contests, which you will not be obliged to fill in or return to us. The information you provide will enable us to provide information about our company to you and to contact you. We will only provide this information where you indicate that you wish to receive further information from us on a regular basis. We also collect demographic and profile data on our website. This information may be combined with other forms of information to permit us to bring together, in aggregate form, information about the people who use our site. Such information will enable us to understand, in general terms, user preferences in relation to the content of the site and the effectiveness of the advertising. When you enter our site, we use your internet protocol (“IP”) address to help diagnose problems with our server, to administer our website and to help identify you. We also have the ability to know what type of operating system and browser software you use and to identify the geographical location of your browser. Your IP address is also used by us to gather broad demographic information and other purposes, such as monitoring visitor frequency. You may be aware that there is a technology called “cookies”. This is a file that is transferred from the website to the hard drive of your computer. We use cookies to track your activities on our website. A cookie will not allow a website operator to obtain information of a personal nature that will identify you to us, such as your name and address. We will only be aware of such information if you provide the information to us or you have set the preferences in your browser to provide this information automatically. The information in aggregate form permits us to carry out an analysis of user behaviour in general. This allows us to measure overall interest in our site and to help us develop the site to make it more interesting in general terms. We will also be able to inform advertisers how many users have clicked on to the various advertisements displayed on our site. The analysis we perform does not include any personal information provided by you. We merely use the aggregate form of the information for these purposes. We will not provide any personal information to any third party outside the Snappy Snaps group unless you give us specific authority to do so. You have the option on the relevant order form to indicate whether you wish to receive promotional e-mail about the services that we and our advertisers offer. We will not send you any such promotional e-mail if you do not indicate your agreement to receive such information. We share the information we gather with advertisers and other partners. The information we share comprises information in aggregate form only. We do not share personal information about anybody outside the Snappy Snaps group unless we have your specific permission to do so. Our order forms, surveys and contests ask you to provide us with your contact details, such as name, postal and e-mail addresses. In addition, we need financial information, such as details of your bank account or credit card number when you order from us. The information you provide will enable us to provide information about our company to you and to contact you. We will only provide this information where you indicate that you wish to receive further information from us on a regular basis. If you wish to know what information we hold on you, please contact us. We will only send this information to the e-mail address we have on file, unless you send us your postal address and request us to send the information to you at your postal address If you request us to remove your personal information from our database or you wish us to amend or change the information we hold about you on our database, we will remove or amend any such information on your request. You may change and modify the information you have previously provided to us by sending an email or writing to us at the address shown in the Contact Us section of the Website IMPORTANT EXCLUSIONS THE SERVICE, SNAPPY SNAPS WEBSITES AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY SNAPPY SNAPS “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, SNAPPY SNAPS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR IMAGE TO SNAPPY SNAPS, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN CONNECTION WITH THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT AND DIGITAL IMAGES PRIOR TO USING THE SERVICE. IN THE EVENT OF ANY LOSS OR DAMAGE TO YOUR DIGITAL MEDIA OR IMAGE, SNAPPY SNAPS SHALL BE LIABLE ONLY FOR THE REPLACEMENT OF A LIKE AMOUNT OF BLANK DIGITAL MEDIA. IN THE EVENT OF ANY MISTAKE BY SNAPPY SNAPS, SUCH AS THE SHIPMENT OF A DEFECTIVE PRODUCT, SNAPPY SNAPS WILL BE LIABLE ONLY TO THE EXTENT STATED WITHIN ITS RETURNS POLICY. EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, SNAPPY SNAPS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OR FAILURE OF THE SERVICE, SNAPPY SNAPS WEBSITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF SNAPPY SNAPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.