These Terms set out your rights and obligations, and those of Clickfoto, a trading style of Colorfoto Limited ("we" or "us"), in relation to www.clickfoto.co.uk and www.colorfoto.co.uk (the "Sites"), any Clickfoto application that you access (the "App") and any goods or services available through, and material of any kind accessible or relating to, the Sites, the App or us (the “Services”). When we refer to "Clickfoto" in these Terms, we mean us, the Sites, the App and/or the Services, according to the context.
You must take the time to read and understand these Terms before using Clickfoto. By registering with Clickfoto, you accept that you are entering into a contract with us under these Terms. People who register for Clickfoto establish an "Account", and become "Users". Visitors to Clickfoto who do not become Users, but who nevertheless use the Sites and/or download the App, affirm that they are bound by these Terms each time they access Clickfoto. You should be aware that these Terms may change from time to time in accordance with Clause 20 below.
2. The Essentials of Clickfoto
All prices stated include Value Added Tax but do not include packing and carriage which is charged at a flat rate for each order sent to your chosen address. When displayed in your account, orders placed before the cut-off date will be delivered as a batch, free to school. Prices are subject to change without notice and at our discretion without limitation.
Clickfoto provides Users with the facility to retrieve and purchase digital photographic images (each an “Image”), and to access those Images through the User’s Account. All Images must meet our Image specifications, which may be changed by us from time to time. All Images are uploaded by and remain the copyright of Clickfoto. For further guidance and information on retrieving Images please visit our FAQs. Clickfoto also offers Users the ability to order:
- prints of Images;
- personalised products and services which bear Images on or within them;
- other, non-personalised, products and services,
and we refer to those prints, products and services as our “Products”.
As Clickfoto evolves and changes over time, we may add Products or remove Products from our Services. Clause 6 contains the terms of purchase for Products. It is the responsibility of Users to have sufficient web, app and device usage skills to make use of our Services.
Although we incur cost in providing you with the facility to access Images and other Content with Clickfoto (“Image Storage”), we don’t charge you for Image Storage. However, we reserve the right to withdraw Images from our Image Storage after (a) a period of six months has elapsed since the Image was uploaded by us, or (b) we have notified you by email of the fact, and of our intention to withdraw Image Storage unless you purchase a personalised Product, and (c) you have not purchased a personalised Product from us within 30 days of that emailed notification.
3. Obtaining an Account and providing a Payment Method
If we ask you to provide some information about yourself when you register for Clickfoto, you must ensure that this information is accurate and current. You may keep this information updated through your Account.
Note that we are entitled to treat anything done through a User's Account, or by means of an email address, phone number or other communications method associated with that Account, as having been done by the User; it is up to the User to maintain the security of his/her Account. When you place an order for a Product, you will need to supply us with details of a payment method, such as a credit or debit card, (your “Payment Method”) and other personal details so that we may process the order for you. We do not store a Payment Method within Clickfoto. For each order your Payment Method – with some of its details masked, for security reasons – will be used and you may be required to provide certain information (such as, but not limited to, a CV2 card security number) in order to proceed with payment. In the event that you supply or attempt to use an invalid Payment Method, or a Payment Method which has lapsed, an order made using that Payment Method will fail. If we suspect that your Payment Method belongs to someone else or is one which you are not entitled to use, we reserve the right to suspend or terminate your Account at any time.
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. Important: You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it – we will be sending you important messages there. So if you change email address, then you must change it on your Account. Should you provide an invalid email address or an email address that belongs to someone else, Clickfoto may terminate your Account at any time without notice. You must not register as a User if you are under 13 years of age.
Clickfoto allows you to access Images through your Account. However, please note that:
- We provide Image Storage at no cost principally in order to facilitate Users’ creation and purchase of personalised Products bearing Images
- Accordingly, we do not intend to store Images other than for those purposes
- In the course of storing Images, we reserve the right to apply various techniques to make generally accepted improvements to the quality of the Image, such as by:
- Removal of “red-eye”;
- Brightness enhancement; and
- Detail enhancement
- We also reserve the right to make changes to Images which are intended to improve their storability, including:
- Size reduction and downscaling; and
- Format conversion,
We strive to retain Images that are of sufficient quality for inclusion in personalised Products, but some loss and modification of detail may be apparent under close examination;
- We use reasonable commercial endeavours in our provision of Image Storage, but do not provide any guarantees as to the availability, speed of access to or reliability of the storage we provide;
- Images and other User Content may be deleted from your Account in various circumstances, as stated elsewhere in these Terms (including Clause 8);
- Our policies concerning the storage of Images and User Content may change from time to time;
- If an Image does not meet our specifications we may not be able to upload it and/or you may find that it is not possible to use that Image in conjunction with some or all of our Products;
- We have rules about User Content, and these apply to the content of Images (see Clause 5 below) (“Content Rules”); if you breach our Content Rules, we may, amongst other things, terminate your Account. If your Account is terminated, we may delete all Images associated with that Account, so that they will no longer be accessible; and
- If we are notified of a claim or allegation that an Image breaches our Content Rules, we may prevent that Image being accessible through Clickfoto or being used in connection with Products.
Note that we may send you emails which include your Images, or to create examples of personalised Products which may be of interest to you: by uploading Images, you consent to us doing these things with those Images.
All Images remain the copyright of Clickfoto. You must not share or allow access to any of Images in return for payment or for any other commercial purpose. If you delete Images from your Account, we will promptly remove the Images from your Account, but the Images will not be completely erased from our systems; “deep” links which lead directly to the relevant Images may continue to provide access to those Images. Initially we will apply a grace period of at least one month before completely erasing deleted Images from our systems: this grace period is applied in case we are requested by you to recover the Images or if we are asked by a relevant third party to recover them. Once the grace period is ended, we will check if the Images are in use on our systems, as part of a personalised Product or in some other way. If the Images are in use, we will send you an email explaining that the Images are in use and how you can release them to allow them to be erased from our systems.
We do not undertake or guarantee to keep Images and other User Content indefinitely, and we will not be responsible for the loss of, deletion or corruption of Images or any User Content. We do not keep back-up copies of Images and other User Content; we have no liability to you or any User if Images or other User Content become lost or corrupted as a result of any cause (including human error, software or hardware failure, failures of telecommunications or internet services, or events beyond our control). If we actively decide that we are to cease hosting Images or other User Content, we will give you reasonable advance notice (of at least one months’ duration) to permit you to make alternative arrangements.
5. User Content and Content Rules
All materials. including all user information, uploaded, posted, contributed, distributed, communicated, transmitted or linked-to by a User on, through or in connection with Clickfoto are treated 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 Clickfoto, if you do not have the right to do so. Each User shall ensure that his/her User Content does not:
- infringe anyone’s copyright; in particular, you must ensure that you do not infringe copyright of each Image held by Clickfoto;
- 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;
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
- infringe our fair use requirements (see Clause 4 above) or otherwise interfere with the proper working of Clickfoto.
The above are our Content Rules.
Although we prohibit the uploading of Images and other User Content which infringes our Content Rules, we cannot control and do not monitor or pre-screen the use of our Sites and App. It is possible that Images or other User Content may be accessible through our Sites and App which contravenes our Content Rules. We are not responsible for such Images or User Content, but if you become aware of any such Images or User Content on our Sites or App please contact us.
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. We reserve the right to decline to provide the Services and refund any payment that has already been received.
6. Terms of purchase for Products
A contract between a User and Clickfoto for the purchase of a Product is created as follows:
- The User places the order for a Product on the Sites or App by pressing an order confirmation button at the end of the checkout process: if the Product in question includes an Image or other User Content selected by the User it is a “personalised Product”; if it is a standard 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
- At this point, we take payment for your order by means of your nominated Payment Method.
- We will send to you a “Thanks for your order” email detailing your order for the Product, and other information we must provide to you.
- When the Product you have ordered is shipped to you, we will send you a “dispatch” email
Note that Clickfoto may reject an order in certain circumstances, namely:
- Your order breaching the requirements of these Terms;
- The use of Images which infringe the Content Rules;
- The use of Images which are corrupted, unsupported technically or inadequately pixelated;
- The Product you order being unavailable or out of stock;
- Our inability to obtain authorisation for your payment; or
- A relevant pricing or Product description error being identified.
If your order is rejected, we will contact you to confirm this and reverse the payment you have made for that order.
Please note that the right to cancel a contract and return Products does not apply to any prints and personalised Products – although you do have the right to reject any Product which is faulty or not as described in our specifications. However, for orders of personalised Products made from the Sites we generally allow a 30 minute period during which you can amend your order. That 30 minutes runs from the appearance of the “Thank you for your order” screen on the Sites at the end of the order process; if you wish to avail of this, you must email your cancellation to web@Clickfoto.co.uk within the 30 minute period.
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 must 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.
7. International use of Clickfoto
You must ensure that you comply with the laws that apply to you and your use of Clickfoto, including as to User Content, the Images that may be viewed and the Products that may be bought through Clickfoto. That use may be prohibited or restricted in various jurisdictions.
8. Closure of Accounts
You may choose to cancel your Account at any time. You may be asked to provide further proof that you are the holder of the Account. Further, we are entitled to lapse an Account if its User has not logged in to the Account for two years or more. If your Account is terminated because you have breached this Agreement (including a breach of our Content Rules), we may prohibit you from establishing another Account. Where an Account is cancelled, lapses or is terminated, we are entitled to close the Account and entitled (but not obliged) to delete all Images and other User Content associated with that Account. You will nevertheless remain responsible for performing your obligations under these Terms, and the rights granted to us under these Terms (including in Clause 9) shall not be terminated as a result.
9. Intellectual Property
By uploading, posting, contributing, distributing, communicating or transmitting User Content, a User expressly grants to us a non-exclusive, royalty- free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that User Content worldwide through Clickfoto and any other interactive services through which Clickfoto (or a service based on Clickfoto) is accessible for the purpose of performing obligations we owe to Users and exercising rights Users grant to us, subject to and in accordance with under these Terms. The licence under this Clause 9 will survive any termination of these Terms or any cancellation, suspension or lapse of the relevant Account. For the avoidance of doubt, the licence under this Clause 9 does not permit us commercially to exploit a User’s Images (or other User Content) by creating and selling our own products bearing the User’s Images (or other User Content) without the User’s consent. Note that we may modify User Content in order to conform to Clickfoto or the requirements of a Product (such as by cropping Images). You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to Clickfoto (including, without limitation, User Content associated with Users other than you) are owned by, or licensed to, us. You may use and access Clickfoto and that User Content only to the extent required for the use of the Services in accordance with these Terms, and for the purpose that we make them available. No-one may copy, distribute, show in public or create any derivative work from Clickfoto, or any of the material which is found on Clickfoto unless properly licensed to do so by us. You are not allowed to use Clickfoto (or to copy or use any material found on Clickfoto) for any commercial purpose other than to conduct the purchase of a Product from Clickfoto. You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material taken from Clickfoto. No-one may use any robot, spider, scraper or other automated means to access Clickfoto for any purpose without our prior express written permission.
11. Our Role
We reserve the right at any time and without notice (a) to suspend or terminate your ability to access Clickfoto, (b) to suspend or terminate your use of all of part of the Services, (c) to remove from access via Clickfoto any User Content associated with a User or his/her Account, (d) to warn Users and other users of Clickfoto against interacting with a particular User, and/or (e) to take technical and legal steps to stop any Users from using Clickfoto 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.
13. 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.
14. Additional services
15. Operation of Clickfoto
We reserve the right to withdraw or modify all or part of the Services or Clickfoto where we have legal or commercial reasons to do so. There may be times when the operation of Clickfoto is adversely affected, or becomes inaccessible, as a result of technical difficulties experienced by Clickfoto, 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 Clickfoto 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 Clickfoto. For security or other reasons, we may require you to change your password or other information which facilitates access to Clickfoto; 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 Clickfoto in accordance with our specifications for Clickfoto but:
- the Services are provided "as is"; and
- we cannot and do not guarantee that Clickfoto 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 Clickfoto.
- 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 6. 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, Clickfoto 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 16 shall survive the termination or expiry of these Terms.
You agree to indemnify Clickfoto, 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 Clickfoto assign or dispose of these Terms or any of your rights and obligations under it.
19. Entire Agreement
These Terms are intended to contain your entire agreement with us relating to your use of and access to Clickfoto; we believe them to be fair and reasonable. They replace all earlier agreements and understandings with you relating to Clickfoto.
20. Changes to these Terms
We reserve the right to change these Terms from time to time, and post the new version on Clickfoto. The new version of these Terms will take effect:
- commencing 28 days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of these Terms which is 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, examples of which would include, without limitation, (i) changing the name of, and/or the web-address (www.clickfoto.co.uk) that you use to access Clickfoto, and (ii) the refinement of provisions that are already included or referred to in these Terms.
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 Clickfoto. 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.
These Terms, the Services and each order and purchase of a Product shall be governed by the law in English and Wales. You and we each submit to the non-exclusive jurisdiction of the courts in English and Wales in relation to disputes arising in connection with these Terms, the Services and any order for or purchase of a Product.
23. Keeping these Terms
We don't separately file the Terms entered into by Users when they register for Clickfoto. You can access them here. Please make a durable copy of these Terms by printing and/or saving a downloaded copy on your own computer. They are offered in English only.
We are a company registered in England and Wales, Registration number 03135828 under the name Colorfoto Limited; the address of our registered office is Image House, East Tyndall Street, Cardiff CF24 5EF. Our VAT registration number is GB666819192. We will send our notices to you by email to the email address specified in your Account.