Terms and Conditions
FUJIFILM IMAGINE Terms & Conditions
Welcome to the FUJIFILM Imagine photo and imaging service terms and conditions (“Terms and Conditions”).
These documents constitute the entire agreement between us (FUJIFILM UK Limited) and you with respect to your use of the FUJIFILM Imagine photo and imaging service offered via our kiosks at the FUJIFILM House of Photography (the “Service”), the uploading and submission by you of any Content to the Service, the ordering of Products by you (excluding payment – see below) and the production and delivery of those Products in fulfilment of those orders.
We reserve the right to change these Terms and Conditions at any time. We recommend you check the link to these Terms and Conditions on our kiosks for changes each time you use the Service and before placing any order.
Please read these Terms and Conditions carefully. You must comply with these Terms and Conditions to access or use the Service. By accessing or using the Service or placing any order for Products, you accept these Terms and Conditions and agree to be legally bound and subject to them. Acceptance of these Terms and Conditions creates a binding legal agreement between you and us that you will comply with these Terms and Conditions and use the Service only in a manner consistent with these Terms and Conditions. If you do not agree with these Terms and Conditions, do not access the Service or use any of its services.
One important point to note is that our partner, Infinite Group Limited (who operate the retail aspects of the FUJIFILM House of Photography for us), will be the seller of the Products to you under a separate contract and you can must pay them for the Products you have ordered at one of the in-store payment points.
In these Terms and Conditions the following expressions shall have the following meanings unless otherwise stated:-
“Business Day” means any day other than a Saturday, Sunday or public holiday in the United Kingdom;
“Consumer" means an individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft or profession;
“Content" means any images, photographs or other materials or content submitted or uploaded to the Service;
“Contractors” means Infinite Group Limited or any of our agents, contractors and sub-contractors who are engaged in the creation, provision or maintenance of the Service or in the production of Products and the fulfilment of orders for Products made through the Service;
“Product” means any printed photo or photo gift or other product that is offered for sale and may be ordered through the Service; and
"you" and "your" means the person registering for, accessing or using the Service, or ordering Products from us, under these Terms and Conditions.
2. Becoming a Member
To become a member of the Service you need to open an account. You will need to enter your name, your chosen password and your email address (which must be a genuine email address). Confirmation of your membership will be sent to you by email. We may at our absolute discretion, refuse to accept your application to become a member of the Service. Once you are a member of the Service we will enable you to use all of the photo and imaging services described on the Service for members. We only permit one membership for each genuine email address. Your email address will be used for sending you all notices. By using the Service, you represent that the information you provide about yourself when registering or placing an order or otherwise is true, accurate and up-to-date. You do not have to join as a member of the Service in order to be able to use the Service.
3. Your Password and Account
(a) You are responsible for maintaining the confidentiality of your password and account details. You are solely responsible for the activity which occurs on your account. You must notify us immediately of any breach of security or any unauthorised use of your account. We will not be liable for any losses caused by any unauthorised use of your account unless we are at fault (in which case clause 9 applies). However, you may be liable for our losses or the losses of others due to such unauthorised use.
(b) You must make all reasonable efforts to keep your password safe. If you have forgotten your password you may click the Forgot My Password button on the kiosk and we will email you a link to enable you to reset your password. You will need to do this on your device - it is not possible to reset your password on the kiosk. We will keep you informed of the status of your account during your membership via your email.
4. Termination of Membership
(a) Access to the Service is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service without notice. We may terminate your membership by notice with immediate effect if you are in breach of these Terms and Conditions. We also reserve the right to terminate your membership at our discretion in which case we will endeavour to give you reasonable notice (or at least two days' notice). We will endeavour to fulfil any orders for Products placed by you in accordance with these Terms and Conditions prior to the termination of your membership, provided that we may at our option decline to fulfil all or part of any such orders, in which case you will be refunded by Infinite Group Limited for the order or relevant part.
(b) If you wish to terminate your membership at any time, you may do so by advising us by email. Please email us at email@example.com and put “FUJIFILM Imagine customer account” in the email header.
(c) If your membership is terminated, you will no longer be able to access the Service and we may at our discretion remove your materials from the Service. We are not responsible for any loss of data resulting from removal of or deletion of Content.
5. Children Not to Order Products or Submit Images
(a) We are particularly concerned to preserve and protect the privacy of children and their personal information.
(b) If you are under the age of 16 years you must not apply to become a member of the Service. Please do not attempt to submit any photos or other information about yourself to us (such as your name, address, telephone number or email address) or order any Products from us.
(c) If you are aged from 16 to 18, you should obtain permission from your parents or guardians before applying to become a member of the Service, sending any photos or other information about yourself to us or ordering any Products.
6. Your Copyright
(a) Generally under copyright laws the owner of the copyright in images or photographs is the person who created the images or took the photographs. You represent and warrant to us that you are the owner of the copyright or have the express permission of the owner of the copyright in the Content which you submit to the Service.
(b) We claim no ownership rights in any Content submitted by you to the Service. You hereby grant to us and our Contractors a worldwide non-exclusive, transferable, royalty-free licence to use, copy, display, modify, transmit and distribute any Content (including images or photographs) submitted by you to the Service in such manner as we and our Contractors consider reasonably necessary solely for the purposes of providing the Service to you and fulfilling your orders for Products.
(c) Third Party Copyright Claims: We respect the intellectual property rights of others. We may disclose your identity to any third party who is claiming that Content uploaded by you infringes their intellectual property rights or right to privacy. Without limiting any of our other rights and remedies under these Terms and Conditions (including clause 8(b)) if we receive any such claim, or if any such claim is brought to our attention, we may refer it to you. It is your responsibility to: i) resolve any claim referred to you; and ii) ensure that the claimant confirms to us in writing that the claim has been resolved, within seven (7) days of the date on which the claim was referred.
7. Intellectual Property Rights
(a) Any trade marks, trade names or logos displayed on the Service are the property of their respective owners and must not be used in any manner without the prior written consent of the owner.
(b) Other than Content which you have submitted to the Service, you should assume that all of the Content that appears on the Service or which is made available to you through the Service, including photographic images, is owned by third parties and is protected by copyright or other proprietary rights. You must not modify, copy, reproduce, republish, frame, upload, post, transmit or distribute such Content in any way except as expressly permitted by the Service or expressly authorised in writing by the owner of that Content. You agree not to alter or remove any information, consent or other proprietary notice or legend on any Content, unless you are the owner of the intellectual property rights in that Content.
8. Materials and Content Not Permitted on the Service
(a) Any Content submitted by you to the Service is subject to our review. While we reserve the right to review, monitor, remove or delete Content, we are under no obligation to do so.
(b) We reserve the right at our sole and absolute discretion to restrict access to the Service, refuse to display Content on the Service, remove Content from the Service or refuse to use any Content submitted by you for use in the production of a Product if we consider it necessary or appropriate, including without limitation if we receive a written complaint alleging copyright infringement or if Content is deemed by us to be objectionable, to potentially infringe any third party rights or to be contrary to applicable laws or otherwise unsuitable for use in the production of a Product.
(c) If in our sole judgment any Content uploaded by you is in violation of applicable laws (including without limitation laws relating to child pornography, child abuse and animal abuse) such Content will be reported by us to law enforcement authorities.
(d) Without limiting the above in any way, you are not permitted to post, upload, email, publish, transmit or otherwise make available any Content which:-
• is, or we believe is, offensive, personally offensive, defamatory, abusive, obscene, upsetting, menacing, threatening, harassing or pornographic;
• is illegal under any law or regulation at any place where Content is posted or uploaded from and / or viewed, and / or received, or infringes any industry code of conduct;
• in the case of Products ordered through the Service, is illegal under any law or regulation at any place where those Products are to be delivered;
• infringes the intellectual property rights or rights to privacy of any person; or
• in our opinion may bring us or the Service into disrepute.
(e) You are not permitted to use the Service:-
• to engage in any activities in such a manner as may expose us or our Contractors, to liability or adversely affect our name, reputation or business or those of our Contractors;
• to do any act that may damage or interfere with the Service, network or systems or cause the quality of the Service to be impaired; or
• to commit a crime or in the course of committing a crime or for an unlawful purpose.
9. Our Liability to You
(a) If you are a Consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights. Our Photo Gifts Returns and Refunds Policy (see below) contains details of how to contact us to address a possible claim regarding Products which are faulty or not as described and arrange for their return.
(b) This Clause 9 of these Terms and Conditions does not exclude any commitments given by us in our Photo Gifts Returns and Refunds Policy.
(c) Your access of or use of the Service is at your own risk. You should take appropriate steps to back-up Content submitted by you to the Service and to protect your device against any damage that could result from your access to or use of the Service. The Service, the uploading of Content to the Service, the transfer of any Content for use in the production of Products and the ordering of Products through the use of the Service may not be error free or uninterrupted. We do not give any commitment in relation to the security, reliability, timeliness and performance of the Service and any of those other functions. To the extent permitted by law we and our Contractors are not responsible for interruption of the Service, linkage to any third party sites, damage to your device, damage to other property or loss of Content or other data resulting from your access to or use of the Service.
(d) Our and our Contractors' total aggregate liability to you in connection with the provision or non-provision of the Service or any Products or otherwise in connection with the subject matter of these Terms and Conditions, whether arising in contract, tort, misrepresentation or otherwise, will in all circumstances be limited to:
• where the Photo Gifts Returns and Refunds Policy applies, us or our Contractors providing you with the remedy or remedies set out in that document;
• where such liability otherwise arises in relation to any specific order(s) of Products, the price paid by you in respect of that or those order(s); or
• where the Photo Gifts Returns and Refunds Policy does not apply and such liability arises other than in relation to any specific order(s) of Products, the sum of £50.
If you are a Consumer we will also be liable for any other losses or damage you suffer which are a foreseeable consequence of the provision or non-provision of the Service or any Products or otherwise in connection with the subject matter of these Terms and Conditions. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us or one of our Contractors during the sales process.
(e) Nothing in these Terms and Conditions excludes or limits our liability for any matter for which it would be illegal for us to exclude or attempt to exclude our liability to you. If you are a Consumer by this we mean that nothing in these Terms and Conditions shall limit or exclude in any way our liability for any breach of the terms implied by the Consumer Rights Act 2015, for death or personal injury caused by our or our Contractors’ negligence or for fraud or fraudulent misrepresentation.
10. Your Liability to Us
(a) You agree to indemnify us and hold us harmless from and against the amount of any and all damages, losses, liabilities, costs or expenses (including but not limited to legal and professional costs) we incur arising from:
• your breach of any term of these Terms and Conditions unless you are a Consumer;
• any third party claim that any Content uploaded by you, or any Products made to that Content, infringe any intellectual property rights or rights to privacy of that third party; or
• any other third party claim arising from or in relation to your use of the Service.
(b) The provisions of this clause 10 will survive the termination of any contract formed on these Terms and Conditions.
11. Orders for Products
(a) When you place an order for Products through the Service, the kiosk will print out two order receipts (one to be retained by you). You will need to take the other order receipt to a member of staff at one of the in-store payment points in order for payment to be taken. Once the order has been paid for in the store a legally binding contract is formed between you and us for the production of the Products ordered. We recommend you carefully preview the Products to be ordered by you and the choices made by you for their production before ordering, and ensure you are satisfied before adding them to your Shopping Cart.
(b) If you are a Consumer you may have a general legal right to cancel a contract; however due to the personalised nature of the Products ordered through the Service, no order for Products placed by you through the Service may be cancelled once accepted by us. However, if you believe you have placed an order in error, or if you wish to adjust an order, please speak to a member of staff in store or contact us in the manner detailed in clause 14 below and we will assess whether in the circumstances we are able to assist you.
(c) The quoted price of any Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. The price of a Product does not include delivery charges. The delivery charges are as quoted separately on the kiosk from time to time. Collection of Products from the House of Photography store is free of charge.
12. Delivery and Collection
Products that are produced in-store will be available for collection within the timescale specified on the kiosk. For Products that are produced off-site we will use reasonable endeavours to ensure that within 14 Business Days of the payment for your order for Products, those Products shall be provided by us to a third party carrier for delivery to you. Ordinarily, delivery of an order to you may be expected within the period specified for delivery on the kiosk. However we cannot accept responsibility for delivery failures or delays by other third party carriers and time shall not be of the essence in relation to any delivery of Products under these Terms and Conditions. If you select collection in-store for Products produced off-site we will only be able to notify you by email when your Products are available for collection if you are a member of the Service or if enter your email address in the optional field when ordering your Products. If you do not collect your Products within 6 months of the date of your order we reserve the right to dispose of your Products and if we do so you will not be entitled to any compensation.
13. Reproduction of Colours, Uploading of Images and Your Responsibilities
(a) Reasonable efforts are made to display the colours of Products (including colours to be reproduced from Content uploaded by you) that appear on the Service as accurately as possible, however the colours displayed to you on the kiosk screen are dependent on the screen settings and may differ from the actual colours of the Products.
(b) Before confirming an order for a Product, it is your responsibility to edit any images uploaded by you for use in that Product, including without limitation by cropping the image to your requirements and ensuring the image meets the degree of resolution required by you or the minimum resolution recommended for that Product.
(c) We will not be liable to compensate you, give you a refund or to reproduce any Products:
• if the actual colours of Products provided to you or their tones differ to the colours of those Products as displayed to you on the Service (unless this is due to fault on the part of us or our Contractors in connection with the production of those Products); or
• in relation to the poor quality of prints or images incorporated in Products as a result of improper cropping by you or the failure of the image uploaded by you to meet the minimum resolution recommended for that Product.
14. Notice/Order Enquiries
If you wish to give us notice under these Terms and Conditions, or have any query about the progress of your order for any Products, please email us at firstname.lastname@example.org and quote your order number if applicable (as provided by us on acceptance of your order).
If we wish to give you notice under these Terms and Conditions, we will do so by email to the email address provided by you in relation to your account for the Service.
16. Photo Storage
(a) The Service’s photo storage facility is known as My Photos.
(b) When you become a member of the Service you receive free storage of images for your photo albums for 3 months’ from the date of activation. Thereafter, you will maintain free storage for your albums provided that a verified print order is made at least once every 3 months either by you yourself or by someone with whom you have shared your albums. From the date each verified order is received, the membership will be credited with free storage for the following 3 months i.e., the 3 months free storage period re-starts with each print order. The maximum period of free storage at any point in time is 3 months. However please note that the Service is not intended to be a permanent storage system and the provisions of the following paragraph apply to your Content.
(c) At the end of the free storage period we may, at our option and without notice, terminate your membership and remove and/or delete your Content.
(d) We are not responsible for any loss of data or images resulting from removal and/or deletion of Content.
17. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.
If any court of competent jurisdiction finds any provision or part thereof of these Terms and Conditions to be illegal, invalid or unenforceable that provision or part thereof shall be severed from these Terms and Conditions and the remaining terms and provisions of these Terms and Conditions shall remain in force.
The failure by us to enforce any right or provision of these Terms and Conditions will not restrict us from enforcing it now or in the future.