Terms and Conditions
These Terms and Conditions ("Terms") explain your rights and obligations, and those of imagise Limited ("we" or "us"), in relation to www.imagise.co.uk (the "Site") and any goods or services available through, the Site or us (the “Services”).
By registering on our site, you accept you are entering into a contract with imagise under these Terms. People who register an imagise account establish an "Account", and become "Users". Visitors to the site are bound by these Terms. These Terms may change in accordance with Clause 16 below.
These Terms are intended to contain your entire agreement with us relating to your use of and access to imagise.
2. Your imagise Account
Information you provide must be accurate, and kept updated by you. We will treat anything done through a User's Account, or by means associated with that Account, as having been done by the User; it is up to the User to maintain the security of their Account. Users should be 13 or over.
You may cancel your Account at any time. You may be asked to provide proof that you are the account holder. We are entitled to lapse an Account if you have not logged in to the Account for two years or more. If your Account is terminated because you have breached this Agreement, we may prohibit you from establishing another Account. Following termination, you will remain bound by your obligations under these Terms. (including in Clause 8) shall not be terminated as a result.
The same person may not register more than one Account. We reserve the right to suspend or terminate any Account which we reasonably suspect of infringing this requirement.
Please make sure that your email address is up to date as we will use it for communication. Should you provide an invalid email address or an email address that belongs to someone else, we may terminate your Account.
When you order a Product, you will need to supply us with details of a “Payment Method”, such as a credit or debit card, and other personal details so that we may process your order. If we suspect that your Payment Method belongs to someone else or is one which you are not entitled to use, we may suspend or terminate your Account at any time.
imagise enables Users to upload digital photographic images (each an “Image”). All Images must meet our specifications, which may be changed by us from time to time.
imagise offers Users the ability to order personalised products which bear Users’ Images and other, non-personalised products.
We may modify User Content in order to conform it to the requirements of a Product (such as by cropping Images).
You must ensure that you comply with the laws that apply to you and your use of imagise, including User Content, the Images that may be viewed and the Products that may be bought through imagise. That use may be prohibited or restricted in various jurisdictions.
To the extent that the law permits, you release imagise, its agents, directors, officers, shareholders and employees from all liability arising out of or in connection with any Images or other User Content.
We are a registered company in England and Wales under registration number 9925689 under the name imagise Limited; the address of our registered office is Ground Floor, 2 Woodberry Grove, LONDON, N12 0DR. You can contact us by email to firstname.lastname@example.org or by post at Ground Floor, 2 Wooderry Grove, London, N12 0DR. We will send our notices to you by email to the email address specified in your Account.
5. Your Images
If an Image does not meet our specifications, you may be unable to upload it. By uploading images, you consent to us sending emails which include your Images.
We have rules about User Content, and these apply to the content of Images (see Clause 6 below) (“User Content Rules”); if you breach the Content Rules, we may terminate your Account.
6. User Content Rules
Images and other material uploaded or otherwise submitted to imagise are defined as "User Content" for the purposes of these Terms. Users must have the right to deal with their User Content in the manner provided by our Services. You must not upload User Content, or otherwise deal with User Content through imagise, if you do not have the right to do so. Each User shall ensure that User Content does not:
- infringe anyone’s copyright; in particular, you must ensure that you either own the copyright in an Image that you upload to imagise or that you are fully licensed by the copyright owner to upload the Image and to make any subsequent use of it (such as by including the Image in a personalised Product);
- infringe any other rights, such as a trade mark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality;
- contravene any applicable law (including, without limitation, any criminal law) or regulation;
- include anything that is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;
- contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;
- misrepresent the User's identity in any way or impersonate any person;
- include any material containing personally identifying information about another person, such as their real name, address, phone number, or email address, except with the written approval of that person;
- contain material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;
- harass, upset, embarrass, alarm or annoy any person;
- give the impression that it emanates from us, if this is not the case or;
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
We may without notice delete any Image or other User Content which appears to breach our Content Rules, or prevent any use of Services (including purchase of Products) which includes any such Image or User Content.
7. Terms of purchase for Products
A contract between a User and imagise for the purchase of a Product is created when the User places the order for a Product on the Site by pressing an order confirmation button in the checkout process. If the Product in question includes an Image or User Content, it is a “Personalised Product”; if it is a Product which does not include any Image or User Content it is a “non-personalised Product”
By confirming your order, you are agreeing to purchase the Product you have selected and we take payment for your order. We will send to you an order confirmation email detailing your order for the Product, and other information we must provide to you. When the Product you have ordered is dispatched, we will notify you by email
Note that imagise may reject an order in certain circumstances, namely:
- The Product you order being unavailable;
- Your order breaching the requirements of these Terms;
- The use of Images which are corrupted, unsupported technically, inadequately pixelated or which infringe the Content Rules
- Our inability to obtain authorisation for your payment; or
- A relevant pricing or Product description error being identified.
We will contact you to notify rejection and reverse the payment you have made for that order.
You have the right to cancel your contract for the purchase of a non-personalised Product, provided you notify us of the cancellation no longer than 14 days after the day following the day on which the Product is delivered. You return the unused non-personalised Product to us within 14 days of notifying us of the cancellation, and must pay the cost of returning the Product to our nominated address. We will refund the purchase price you have paid for the Product and its standard delivery charges (but not any expedited, tracked or other special delivery charges you may have chosen to pay) within 14 days of its return. However, if the value of the Product has been reduced by any handling of it beyond what is necessary to check whether the Product is as expected, we may deduct an amount to reflect that reduction in value from the sum we refund to you. Please follow any returns procedure for non-personalised Products which we specify from time to time. Please note that the right to cancel a contract and return Products does not apply to any personalised Products, although you do have the right to reject any Product which is faulty or not as described in our specifications.
8. Intellectual Property
You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to imagise are owned by, or licensed to, us. You may use and access imagise only to the extent required for the use of the Services in accordance with these Terms. No-one may copy, distribute, show in public or create any derivative work from imagise, or any of the material which is found on imagise unless properly licensed to do so by us. You are not allowed to use imagise (or to copy or use any material found on imagise) for any commercial purpose other than to conduct the purchase of a Product from imagise. You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material taken from imagise. No-one may use any automated means to access imagise for any purpose without our prior express written permission.
9. Suspension and Termination
We reserve the right at any time and without notice to suspend or terminate your ability to access imagise, your use of all of part of the Services and to take technical and legal steps to stop any Users from using imagise if they appear to us to be in breach of any provision of these Terms. Should we do so, you acknowledge that we shall not incur any liability to you or to any other person. In addition, we are entitled to suspend provision of all or part the Services, or the availability of User Content associated with any User, at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.
10. Contact from third parties.
If anyone contacts us in relation to User Content or a transaction associated with you, then you agree:
- to provide all reasonable information and assistance we may require in connection with responding to that contact; and
- to respond promptly and accurately to it, should we pass the message to you for a response.
11. Additional services.
12. Operation of imagise
We reserve the right to withdraw or modify all or part of the Services or imagise where we have legal or commercial reasons to do so. There may be times when the operation of imagise is adversely affected, or becomes inaccessible, as a result of technical difficulties experienced by imagise, on the Internet or other communications networks, or other matters that are beyond our control. Please note, however, that we cannot guarantee continuous, uninterrupted or secure access to imagise or any of the material that appears on it. If we are conducting a period of planned unavailability of the Services, we will inform Users of this by a notice that appears on one or more pages of imagise. For security or other reasons, we may require you to change your password or other information which facilitates access to imagise; however, we will never ask you for your password. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.
We use reasonable care and skill to provide imagise in accordance with our specifications for imagise but do not guarantee that imagise or the Services will meet your requirements, including (without limitation) as to the availability or speed of delivery of any User Content placed on or made through imagise.
We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these Terms. Nothing in these Terms excludes or restricts our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence, nor our contractual obligations in respect of Products we agree to supply following our acceptance of your order in accordance with Clause 7. We, our agents, directors, officers, shareholders, employees and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
- for any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption; or
- for any indirect, special or consequential loss damage, costs or other claims,
howsoever caused or arising. Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law. For the avoidance of doubt, imagise will not have liability to you or any other person in respect of User Content. We will not be liable for any failure to perform our obligations under these Terms caused by matters beyond our reasonable control. The provisions of this Clause 13 shall survive the termination or expiry of these Terms.
You agree to indemnify imagise, its agents, directors, officers, shareholders, employees and subcontractors against all liabilities, claims and expenses that may arise out of or in connection with any breach of these Terms by you or through your Account or User Content associated with you or your Account.
We reserve the right to assign these Terms, and to assign or subcontract any or all of our rights and obligations under these Terms, but will not do so in such a way as to reduce any guarantees you are given under these Terms. You may not without the written consent of imagise assign or dispose of these Terms or any of your rights and obligations under it.
16. Changes to these Terms
We reserve the right to change these Terms from time to time, and post the new version on imagise. The new version of these Terms will take effect:
- 28 days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes are capable of adversely affecting you; or
- immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not reasonably capable of adversely affecting you.
In either case, if you do not wish to be governed by the new version of these Terms, you must cease to use the Services and imagise. For the avoidance of doubt, we will not have any liability to you in that event.
If any part of these Terms is held to be invalid or unenforceable, the remainder shall remain valid and enforceable. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches. The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Terms. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms, provided that this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
18. Applicable Law
These Terms, the Services and each order and purchase of a Product shall be governed by English law. You and we each submit to the non-exclusive jurisdiction of the English courts in relation to disputes arising in connection with these Terms, the Services and any order for or purchase of a Product.