Introduction to the Jessops Group Ltd Online Photo Service: Terms of Use

Welcome to JPICS, the Online Photo Service from Jessops Group Ltd.

This is a summary of the Terms of Use for our service. For full details, please click here [LINK TO FULL T’S OF U]

While we retain the right to update our Terms of Use, the most recent and full version can be found here. If there are any inconsistencies between these Terms of Use and our off-line information, these terms will take precedence. We recommend you visit this page regularly to ensure you are up to date.

If you have any questions about our Terms of Use, please email jpicsonline@jpics.co.uk

To help you find the information you are looking for, please use the following links.

1. Terms of Use (Link to 1) 2. Information About Us (Link to 2) 3. Our Services (Link to 3) 4. Placing an Order (Link to 4) 5. Price and Payment (Link to 5) 6. Your Consumer Rights (Link to 6) 7. Delivery (Link to 7) 8. Returns and Refunds Policy (Link to 8) 9. Your Responsibilities (Link to 9) 10. Privacy and Data Protection (Link to 10) 11. Security and Copyright (Link to 11) 12. Notices (Link to 12) 13. General (Link to 13)

Jessops Group Ltd Online Photo Service: Terms of Use

1: TERMS OF USE
These Terms of Use (“Terms”) (together with any documents referred to below) govern the online photo service (“Services”) and the delivery of associated products on this website. Please read the Terms carefully before placing your order and print a copy for reference.

Agreeing to our Terms
By ordering our Services, you agree to be bound by these Terms.

Please select the checkbox marked “I Accept” at the end of these Terms if you accept them and agree to be bound by them. If you refuse to accept these Terms, you will not be able to order Services from this website.

Changes to Terms
We may change our Terms without notice or reference to you, with changes effective as soon as they appear on this website. If you use our Services again after these Terms have been amended, you are deemed to have accepted the amendments. We therefore recommend that you read our Terms each time you place a new order. Duration and Fulfilment of Terms
Our Terms remain in force until the delivery of Services by us, or payment in full by you, whichever happens last. We may terminate our contract with you earlier if you breach our Terms. If this is the case, we may take any action.

No other terms and conditions apply in our provision of Services to you. However, this does not affect your statutory rights as a consumer.

2: INFORMATION ABOUT US
The Service is provided by us, The Jessop Group Limited, a subsidiary of Jessops Plc (registered in England under number 1097345 with a registered office at 98 Scudamore Road, Leicester LE3 1TZ. Our VAT number is GB 350328186.

To contact us call 01926 463609 or email jpicsonline@jpics.co.uk. For postal enquiries please write to JPICS, PO BOX 4395, Warwick, CV34 9DN. We may sub-contract the provision of our Services or any part of them at our discretion.

3: OUR SERVICES

Storing Your Images
Our Services enable you to upload your own photographic images. We (or our agents and subcontractors) will store these digitally so you can order photographic products or photo gifts made from your images.

Products can then be delivered to your address in any of the serviced countries identified on this website. We may also store your images digitally so that you can share them through our photo album service.

Who Can Use Our Website?
You can use our website if:

- you are resident in the serviced countries listed on our site - you are accessing our website from that country - you are over 16 years old - you are capable of forming legally binding contracts

Our services may not be appropriate for or available outside our serviced countries. If you access our services from another location, you are solely responsible for compliance with local law. If using our services or viewing this website breaks the law in your country of residence, you are not entitled to use the services and must exit this site immediately.

Rights to Alter Our Services
We may alter, correct, suspend or discontinue any part of our Services, how you can use them, and their description on this website. Unless we state otherwise, enhancements to our existing Services, or new Services we add, will be subject to these Terms. You agree not to reproduce, copy, duplicate, vend, re-sell or exploit any part of our service. We may make third-party software available via our service. By using third-party software you agree to be bound by the terms and conditions imposed by the third party.

4: PLACING AN ORDER

Accepting Your Order
By placing an order, you are making an offer to buy the photographic products that you specify in your order. If we accept it, we will send confirmation to the e-mail address you provide when ordering. Declining or Cancelling an Order
We may decline or cancel your order (or part of it) for any reason. Other than set out in these Terms, we will not be responsible for any loss or damage you might suffer due to us declining or cancelling your order. We will notify you by e-mail and refund any monies as detailed in our Returns and Refund Policy (Section 8 below).

5: PRICE AND PAYMENT

Prices for our photographic products and payment procedures are displayed on this website. These prices are subject to occasional change. We may change our prices at any time before your order has been accepted. While we make every effort to ensure that prices indicated on our website are accurate, the current prices will be stated in the confirmation e-mail we send you. The price is that stated on your confirmation e-mail, including packing and delivery costs, and VAT (or other sales taxes in force at the current rate). If your delivery address is outside the United Kingdom, the price excludes any local sales taxes or customs or import duties, which may apply. We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

Making a Payment
You must pay in full by credit or debit card when you submit your order. Payment will be collected at the time your order is placed. By accepting these Terms you are stating that the details you provide when placing your order, including the details of your credit or debit card, will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of your purchase. We may confirm the validity of your credit or debit card details from any relevant financial services provider or credit reference agency.

6: YOUR CONSUMER RIGHTS

Cancelling Your Order
You may cancel your order for photographic products which do not incorporate your images without cause at any time within seven working days, beginning on the day after you received the products. In this case, you will receive a full refund for the products in accordance with our Refund Policy (Section 8). However, if your image appears on the photographic products you order, you may not cancel without cause. To cancel an order, you must inform us either in writing (which may be by e-mail), sent to us in accordance with Section 12 below. You must return the photographic product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. Letters and returned photographic product(s) must be returned to JPICS, PO Box 4395, Warwick, CV34 9DN. This provision does not affect your statutory rights.

7: DELIVERY
We will deliver your photographic products to the delivery address stated by you when you make your order. Delivery is usually within 10 working days of your order being accepted, although we do not accept liability for any failure to deliver within that time. In the event that an anticipated delivery of your photographic products does not take place, please notify us by email and we will make reasonable efforts to replace them.

8: RETURNS AND REFUND POLICY

Returns
If your photographic products arrive in a damaged or defective condition, or if they do not materially match the description or pictures on our website, you may return them to us within 14 days of receipt. We will provide a full refund of the price paid by you, including return postage and packing. Photographic product(s) should be returned to JPICS, PO Box 4395, Warwick, CV34 9DN in the same condition in which you received them. If you return any photographic products to us and we can prove they were not faulty when you received them, we may send them back to you, claiming the cost of return postage. Refunds
You will be notified by e-mail of any refund (including as a result of a cancellation of your order) within a reasonable period of time. Money will be refunded using the same method you used to pay for your purchase. We will process the refund as soon as possible, and in any event within 30 days of your cancellation or the day we confirmed to you by e-mail that you were entitled to a refund.

9: YOUR RESPONSIBILITIES

Password security
You are responsible for the security and use of any password or login issued to you, and you must take all reasonable steps to ensure they are kept confidential and that you do not allow others to use them without your authority. Your Information
You also agree that information given by you when you place an order is accurate and not misleading, and that you will not use our Services for any fraudulent or illegal purpose or for any commercial purpose (except in pursuit of your order). Offensive Material
You must not upload images or material which contain threatening, defamatory, racially or religiously offensive, blasphemous or pornographic material, or that show any kind of child abuse. Also, you must not upload any images or material that are likely to incite hatred against any person or group, or are criminal or offensive in the minds of reasonable people, or are obscene or menacing or harassing or breach any applicable law.

Copyright
You must own the copyright for the images or material you upload (or be authorised to upload them by the copyright owner). Images uploaded by you must not contain anything which would infringe any copyright, trade mark, design right or other intellectual property right of any third party. We will not check the content of any images provided by you. However, if your images do not comply with these Terms we may remove them with immediate effect and without any obligation or liability to you. Notifying Law Enforcement Authorities
We will fully co-operate with any law enforcement authorities or court order requesting us to disclose the identity and residence of anyone posting any material in breach of this these Terms.

Computer and the Internet Use
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to upload your images, and for ensuring the images you upload are free from viruses and/or other code that has contaminating or destructive properties. Use of the internet for uploading your images is at your own risk and subject to all applicable laws and regulations in force. We will not be responsible for the loss of your images. Anything you download in connection with our Services is downloaded and used by you at your own risk and you are solely responsible for any damage to your computer system or loss of data which results.

Indemnity
You agree to indemnify us against any claims, costs, expenses or legal proceedings caused as a result of your use of our Services which is in breach of any of these Terms. In these circumstances we will be entitled to terminate our contract with you and cancel any pending orders placed by you. We may also deny you access to our Services in the future.

10: PRIVACY AND DATA PROTECTION
When you place an order your information will be used, stored and processed in accordance with the privacy policy on www.jessops.com that can be accessed at http://www.jessops.com/privacy. Jessops is the “data controller” for the purposes of the Data Protection Act 1998 and we shall treat your information in compliance with the DPA. Your personal information will be used, stored or processed by us only to the extent reasonably necessary for us to provide our services. We will retain your images for between 6 and 8 weeks following any request for the cancellation of our Service for the purposes of customer satisfaction enquiries. [TO BE CONFIRMED BY CEWE] You can request a copy of the personal information which we hold on you and correct any inaccuracies by phoning 01926 463609, by emailing jpicsonline@jpics.co.uk or by post to JPICS, Po Box 4395, Warwick, CV34 9DN. For this we may make a small charge.

11: SECURITY AND COPYRIGHT

Security
All reasonable means will be used to protect the security of your images and your credit or debit card details when you place an order.

Copyrights on Our Website
The content of this website is protected by international copyright laws and other intellectual property rights. We are the owner or authorised user of these rights. All product and company names and logos mentioned in connection with our Services are our trademarks, or trading names or those of their respective owners. You may download material for the sole purpose of placing an order for photographic products. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute any material or information from this website without our prior written consent.

Copyrights for Uploaded Images
Images uploaded to this website remain under the existing copyright. By uploading an image you grant us a limited non-exclusive, fully paid up and royalty free licence to use, modify, publicly perform, publicly display, reproduce and distribute such materials on and through this website.

12: NOTICES

Getting in Touch Please send any correspondence or questions regarding these Terms or any order (including notice of cancellation) by email to jpicsonline@jpics.co.uk or by post to JPICS, Po Box 4395, Warwick, CV34 9DN. Our receipt of any correspondence by e-mail begins from the time when your message is received in full. If this is received outside normal business hours, on a weekend or public holiday, we consider the receipt to be on the next working day. If your correspondence is by post, receipt is three days after the date of posting. If we need to contact with you, we will use the e-mail or postal address you provide during any ordering process.

13: GENERAL

We may (but you may not) assign any rights and/or transfer, sub-contract or delegate any obligations under these Terms, and/or charge or deal in any other manner with these Terms or any of our respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this shall be ineffective. These Terms are personal to you and are entered into by you for your own benefit and not for the benefit of any third party. Our Services may be suspended at any time at our discretion or for legal or technical reasons. We may also delete or refuse to process images you upload. However, if we intend to do this, we will give you as much notice as possible. If we intend to delete or not process any image on the grounds of a suspected breach of the Terms outlined in Section 9, or for any other legal reason, we may contact the law enforcement authorities and provide them with copies of your images and information about you. These Terms as well as any accepted order are the agreement between us. You acknowledge that you understand each provision and waive the right to claim damages or to reject these Terms by reason of any misrepresentation (other than a fraudulent misrepresentation) unless it is contained in the Terms or in any accepted order. If any provision within these Terms becomes illegal, invalid or unenforceable, it does not affect the validity of the other provisions. These Terms and your use of our Services are governed by English law and you submit to the jurisdiction of the English courts. Except for payment obligations, neither of us will be held liable to each other for failure to perform any obligation due to causes beyond reasonable control. Failure or delay by us to enforce an obligation, or you to exercise a right under these Terms does not constitute a waiver of that obligation or right. These Terms do not confer any rights on any person or party other than you and/or us, according to the Contracts (Rights of Third Parties) Act 1999.