Introduction
Please study these terms and conditions ('terms') carefully since they contain the terms that you agree to when you use the digital photography service provided to you by Genie Imaging ('the service').
By using our service you agree to be bound by these terms which are applicable to all users of our service, including casual visitors. If you ask to register as a member of our service then you will be asked to check a box that will indicate that you have read and accept these termsand conditions.
1 Operator
This service is operated by Genie Imaging Ltd ('The company') whose registered address is Unit D4 Jaggard Way London SW12 8SG and whose registered number is 4579151.Our vat number is 928 9787 46. The company is also referred in these terms as 'we' and 'us' and 'Genie Imaging'
2 The Service and its purpose
Genie Imaging offers digital photography services that enable the viewing, sharing, storing and printing of digital images through a spectrum of electronic devices including personal computers and hand-held devices.
3 Continuity
Genie Imaging uses reasonable endeavours to maintain our service 24 hours a day 7 days per week. Nevertheless there will be occasions when the service will not be continuous due to mechanical failure, software upgrades and emergency repairs or due to the failure of telecommunications links and equipment that are beyond our reasonable control. You agree that Genie Imaging shall not be liable to you for any modification, suspension or discontinuance of the Service.
4 Local Law
Those that access the Genie Imaging service from any location outside the UK are solely responsible for compliance with the local law, if and to the extent, that it is applicable. In this case, you agree that, by accepting these terms that you waive any consumer rights that you may have under your local law and that these purchase terms are the terms that govern your use of the service and our supply to you.
5 Trademarks
All brand products that identify Genie Imaging with this service remain with Genie Imaging. Nothing in this contract deems that any of these marks are conferred on any third party by way of licence or right.
6 Copyright
Should you believe that copyright of your work has been infringed then you should contact us on nicholas@genieimaging.co.uk or at our registered address above in (1). You will need to provide us with the following information which we may forward to the alleged infringer:
a). identify the material on the service that you believe infringes your copyright so we may locate it on our service
b). provide your name address and telephone number
c). provide a statement that you have good faith that the disputed use is not authorised by the copyright owner, its agent or the law
d). provide a statement that (1) the information you have provided to us is accurate (11) you are the owner of the copyright interest or the owners agent
e). provide us with your physical or electronic signature
Upon receipt of a complaint so forwarded, Genie Imaging may remove the content. We may terminate the account of the member who appears to be infringing your intellectual property rights.
7
Amendment
From time to time we reserve the right to amend these terms. If you are
a registered member we will send notification to your email address that
we last had. You will be deemed to have been notified of these changes
if you continue to use the service.
8 Applicable law
These terms will be governed by and construed in accordance with the laws
of England and Wales. Any disputes arising out of or in connection with
these terms shall be subject to the non exclusive jurisdiction of the
English courts.
9 General
These terms constitute the entirety of the contract between Genie Imaging
and you. All work is accepted on this basis. If one or multiple parts
of this contract are not enforced by Genie Imaging then this shall not
waiver the rights of Genie Imaging to enforce other parts of the contract.
If a court should determine that one or more of the rights so contained
in these terms is invalid, you agree that the remainder of the terms is
enforceable.
10 Communication
If you should wish to communicate any comments regarding these terms with
us then please contact us by telephone on 020 8772 1700 or by email to
nicholas@genieimaging.co.uk
11 Prices and taxes
All prices are stated in pounds sterling and are valid until altered by
us. All prices quoted are exclusive of vat which shall be added at the
prevailing rate from time to time. The postage charge does not attract
vat. You will be responsible for any other charges (customs taxes, local
import duty or other taxes) that may be locally levied upon receipt of
your prints. If you believe that you are entitled to vat free pricing
then you must contact Genie Imaging before making the purchase. We cannot
enter into correspondence or discussions regarding Vat after the purchase
has been made.
12 Registration
To register and use our site you must be 18 years of age or over. You
agree to keep the information that you give us to register will be accurate
and that you will endeavour to keep it accurate. It is especially important
that your email address is kept up to date since this shall be the primary
way that we will communicate with you.
13 Username and Password
When you register with us you will get a username and password. Since
you will be responsible for all activities that occur under your password
you will need to keep this confidential. You must notify us immediately
if you believe that your password is no longer confidential. Genie Imaging
reserves the right to force you to change your password if we believe
that it is no longer confidential.
14 Contract
There is no contract between you and Genie Imaging until you have received
an email confirmation of your order from us.
15 Delivery
Any dates specified for delivery are intended as an estimate only. Genie
Imaging shall not be liable for any damages arising out of late or non
delivery or any consequential loss or damage caused as a result.
16 Returns
In the event that the prints are damaged or defective when you receive
them, or do not match the description specified in the service, you will
be entitled to return the prints to Genie Imaging within 7 days of receipt
by you. In these circumstances Genie Imaging will provide a full refund
or reprint together with the return of the postage price. In the event
that the prints are returned and are deemed to be not faulty, then we
will return them and charge you for the return postage.
17 Conduct
You are responsible for all of the images you upload, share or copy using
the Service. You must have the legal right to copy and display each image
that you upload, share or print. Professional 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 uploaded, shared or copied using the Service.
You accept and agree that you shall not use the service
a. for any unlawful purposes;
b. to upload, order prints of, email or otherwise send or communicate
any material that is obscene, blasphemous, pornographic, unlawful, threatening,
menacing, abusive, harmful, an invasion of privacy or publicity rights,
defamatory, libellous, vulgar, illegal or otherwise objectionable;
c. to maintain copyright laws and not to breach intellectual property
rights in any way whatsoever.
d. to harm minors in any way and to respect the laws governing the use
of content that may contravene the laws governing child pornography.
e. to fraudulently forge any information regarding who you are and any
headers within the service.
f. to upload, post, email or otherwise transmit any material which is
likely to cause harm to Genie Imaging or anyone else's computer systems,
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;
g. For any business purpose.
18 Control
Genie Imaging has no control over the content of members' accounts 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.
19 Suspension and Termination of Access
and Membership
You agree that Genie Imaging may terminate access at any time and refuse
to accept your application to become a member of the service or move or
suspend any part of the Service; or refuse to fulfil any order, or any
part of any order or terminate your account and delete any content stored
in your account if, in genie Imaging’s sole discretion, you fail
to comply with any of these Terms or if a competent regulatory authority
requires us to do so.
20 Storage
Genie Imaging does not accept any liability arising from storage of your
digital files. By accepting these terms you recognise that we are not
responsible for the safe custody of your images and that you have made
provision to ensure that you have copies locally other than on our servers.
You accept that our servers are not backed up in any way at all and that
were we to suffer from a data failure your images would irrevocably be
lost. We cannot be held liable for this event howsoever it may be occasioned.
By accepting these terms and conditions you realise that we cannot in
any way be held responsible for the safe keeping and storage of your files
and that in the event that we have lost a file of damaged a file we cannot
be held responsible or liable. Our service extends to the provision of
prints and or downloadable files and does not extend to the safe custody
of your files.
21 Inactivity
You accept that Genie Imaging reserves the right to terminate and delete
all images on an account if that account is deemed to be inactive. An
inactive account is an account where there has been no sales or activity
on the account over 6 months or where the customer hasn’t logged
in during this period.
22 Liability
At Genie Imaging we take great care with clients' material yet in the
event of loss or damage liability extends only to the value of the unexposed
film up to a maximum of £50.00. We will not accept liability value
beyond that of the material iteslf assuming that the client or customer
has affected all risks insurance. Should high origination costs be involved
then we insist that it is declared in writing, agreed by the managing
director and a greater fee negotiated. Genie Imaging shall not be liable
to you, other than through fraudulent or negligent misrepresentation,
for:
a. any economic loss, including without limitation, loss of revenue, business,
contracts, profits or anticipated savings;
b. any loss of goodwill or reputation
c. any loss of data
d. any special, indirect or consequential loss.
However in the event that any court should deem that we have a liability
to you it shall be limited to £500.00 per any one incident or a
total of £1000.00 for all incidents within a 12 month period.
23 Refunds
All work deemed unsatisfactory must be returned to us within 7
working days. We must be notified in writing by the client within 4 days
of receipt of any discrepancy or non-compliance with the clients’
original order. Any packages that have been damaged in transport must
be kept in their original packaging.
Should we need to refund money due to a
client error, we reserve the right to charge a fee of £3.00 as an
admin fee to refund money to a clients card due to their error or circumstances
beyond our reasonable control. Naturally, in the event that Genie Imaging
makes an error, this fee will not be charged and a full refund will be
due.
24. Export
We will export to other countries but the buyer will be responsible for all duties and taxes that may legitimately arise from such transactions that may be levied by the local customs officer. Genie Imaging is not liable for any duties that may arise from sending work overseas. If work is returned and duties ar charged then we will need to charge these extra costs to you the customer.
25 Statutory rights
Nothing in this agreement affects your statutory rights as a consumer .
26 Service Termination
Genie Imaging may terminate the service at any time and without notice.