Terms and Conditions
Terms and Conditions for granting of Licence
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE.
By entering this website, and/or any subsite accessible on this site you ('the user') accept, without limitation or qualification, the Terms and Conditions of Use set forth below and any additional terms and conditions of use set forth in any subsite or in connection with any promotion or service contained within such sites. If you do not accept these Terms and Conditions of Use, you should exit the website.
This website is operated on behalf of TopFoto by Media Storehouse Limited, Wenta Business Centre, Colne Way, Watford, WD24 7ND and is a company registered in England and Wales with company number 04518619. Our UK VAT Number is 803-6971-23.
This website contains images from various entities (the 'Property Owner') and this website and its design, text, graphics, the selection and arrangement thereof, is Copyright © of TopFoto although certain third party copyright materials may be included from time to time. The trade marks and trade names depicted in this website are proprietary to those entities set forth as trade marks of TopFoto.
Other proprietary trade marks and trade names may be featured on this website from time to time. Third party images, trademarks and brands may not be reproduced or appropriated in any manner without the written permission of their respective owners.
Content and information provided by third parties other than TopFoto is identified clearly where it appears. TopFoto publishes this content as supplied to it and is not responsible for its accuracy or timeliness. You must take appropriate steps to verify this information before acting upon it.
2. AMENDING THE TERMS AND CONDITIONS OF USE
We may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms shown on this website or any subsite hereof, apply as soon as they are shown. By continuing to use this website after any changes are posted, you are indicating your acceptance of those changes. TopFoto may add, change, discontinue, remove or suspend any other content displayed on this website, including features and specifications of products and services described or depicted on the website, temporarily or permanently, at any time, without notice and without liability.
3. LIMITED LICENCE; RESTRICTIONS
You are granted a limited licence to download the materials contained on this website to a single personal computer, solely for personal, non-commercial use, and provided all copyright, trade mark and other proprietary notices are left intact. Use of the materials contained on this website on any other Internet site is strictly prohibited. The grant of this limited licence is conditional upon your agreement to and compliance with all these Terms and Conditions of Use. Any other use of any of the materials on this website including reproduction, modification, distribution, or republication, without the prior written permission of TopFoto is strictly prohibited, and is a violation of TopFoto's proprietary rights.
If you download any software from this website, the software, including any images or files incorporated in or generated by the software, and data accompanying the software (collectively, the 'Software') are subject to the limited licence set out above. TopFoto and/or their respective suppliers (as the case may be) retain all right, title, interest and intellectual property rights in and to the Software. You may not distribute, sell, or transmit the Software and you are not permitted to alter, modify or adapt the Software, including but not limited to translating, decompiling, reverse engineering, disassembling, or creating derivative works of it.
THIS WEBSITE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TOPFOTO DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BY WAY OF EXAMPLE BUT NOT LIMITATION, AS TO FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. IN ADDITION, TOPFOTO DOES NOT REPRESENT NOR WARRANT THAT THE INFORMATION AND/OR FACILITIES ACCESSIBLE VIA THIS WEBSITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THIS WEBSITE WILL BE FREE OF DEFECTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES OR OTHER HARMFUL ELEMENTS. THE USER OF THIS WEBSITE ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF THIS WEBSITE.
5. EMAIL SERVICE
In situations where TopFoto may give you the option to subscribe to its email service which will update you with news or information which it considers to be of interest to you, your use of the content received through the email service will be subject to these Terms and Conditions of Use
6. CHILDREN UNDER 16
If you are under 16, you must ask your parent(s) or a guardian before you buy anything from this web site. By continuing to use this website and any of the services offered, you are confirming that you have received the consent of your parent(s) or a guardian.
7. LINKS FROM THIS SITE
This website may contain links to other Internet sites on the World Wide Web. TopFoto provides such links for your convenience only, and is not responsible for the content of any site linked to or from this website. TopFoto disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site.
8. LINKS TO THIS SITE
You must not establish a link to the website, unless you expressly agree:
- to ask prior written approval of TopFoto to establish a link to the website;
- to create a direct link to the TopFoto official website;
- not to create any third party association with the website; and
- ensure that the link does not state or imply that TopFoto sponsors or endorses or otherwise supports any other website activity, company or entity, or presents TopFoto and its associates in a false, misleading, defamatory or derogatory manner;
Any such approval from TopFoto to establish a link to this website shall not permit you to use any Property Owner and/or third party content, names, logos, pictures or trademarks, unless separately agreed to in writing by the relevant rights-holder.
10. ACCEPTANCE OF ORDERS
We are only able to take orders through the online store for shipping to the countries listed on the checkout pages. If the country that you require shipping to is not visible then we will not be able to process your order.
We validate your order and credit or debit card details you submit to us before your order can be accepted. Once that has been done, we will acknowledge that your order has been received by sending an e-mail to the e-mail address you provide in your registration form.
We accept all orders for products and services subject to availability and certain security checks.
We accept payment by most major credit and debit cards. Payment will be debited from your account before the dispatch of your purchase. All credit and debit card holders are subject to validation checks and authorisation by the card issuer and ourselves. We will not be liable for any delays to your order this may cause. If the issuer of your payment card refuses to authorise payment to us or you fail our security checks, we will not be liable for any delay or non-receipt of goods.
11. COLOUR REPRODUCTION
We have made every effort to reproduce colours as accurately as possible. However, different computers reproduce colours in slightly different ways, and so exact colour matches are not yet possible over the internet. This means that when you order products from the online store, colours may differ from what you see on the screen. If you are not satisfied with the colour of the product you have ordered, we operate a returns policy.
12. PRODUCTS AND PRICING
All product prices include Value Added Tax ("VAT") where applicable. These may change in line with UK government, Customs and Excise, EU directives, and other legal interpretations issued by relevant authorities. Promotions and prices you see in high street stores and catalogues do not necessarily apply to the online store, and vice versa.
Import duties and local taxes are NOT included in the quoted price of goods being shipped to outside the EU. You will be responsible for the paying of any and all import duties and local taxes including any administration charges upon receipt.
We reserve the right to amend any prices without any prior notice and at any time and the right to add or withdraw any product at any time.
Your order will normally be dispatched within 5 (five) working days of placing the order. Whilst we make every effort to ship goods within such timescales, however, some delays are inevitable. We shall not be liable for any delay that you may suffer in this regard. If you would like to view the status of your order please visit 'Order History' in the 'My Account' section of the online store. If, after checking your Order History, you have any questions about the status of your order then please refer to our help section.
Internet transmissions are never completely private or secure. You understand that any message or information you send to this website may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code).
15. USER SUPPLIED INFORMATION
If you send communications or materials to the website or any subsites by electronic mail or otherwise, concerning any comments, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material infringes any of your rights including moral rights, proprietary, or any other right, including the right to approve the way in which TopFoto uses such material.
Any material submitted to this website and any subsite, may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used on a royalty free basis by TopFoto anywhere in the world, in any medium, in perpetuity.
16. INFORMATION RELATING TO THIRD PARTIES
You undertake not to either include in any posting to this website, or otherwise disclose on or in connection with your use of the website any confidential information or personal data relating to third parties without their express written consent. These terms are not intended to give rise to any right which is enforceable by a third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
You acknowledge that in the course of utilising the website and concluding transactions on it you may receive certain confidential information. You agree and undertake to keep such information confidential and not to disclose any part of such information to any third party, unless required to do so by law. Such information shall not be used for any purpose without the prior written consent of the user to whom such information is confidential and you agree to indemnify TopFoto in respect of any claim made against them as a result of your misuse of such information.
TopFoto reserves the right to suspend or terminate any use by you of this website and any subsite thereof, where it appears to TopFoto that your use is in breach of these Terms and Conditions of Use, including the provision of false registration details or other misuse of the services offered through this website. If you are a 'registered user' and your registration is suspended or terminated, you may not re-register for the website without prior consent from TopFoto. TopFoto may pursue any other remedy legally available to us if you fail to comply with any of your obligations contained in these Terms and Conditions of Use.
You agree to indemnify, defend and hold TopFoto and, all of its associate companies, its directors, employees, information providers, licensors and licensees, officers and partners, (collectively, 'Indemnified Parties') harmless from and against any and all liability and costs (including, without limitation, legal fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use. You will co-operate as fully as reasonably required by TopFoto in the defence of any claim. TopFoto reserves the right, at its own expense, to assume the exclusive defence and control of any matter and you shall not in any event settle any matter without the written consent of TopFoto.
19. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER TOPFOTO NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR LOSS OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR SERVICES OFFERED THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF TOPFOTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE. IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL TOPFOTO NOR ASSIGNED THIRD PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
20. SUSPENSION OF SERVICE
Without prejudice to the foregoing, TopFoto may suspend or discontinue the website and/or any subsite or your access to the website and/or any subsite at any time with or without cause and with or without notice.
Further, by using this website and any subsite, you acknowledge and agree that the Internet uses elements and relies upon services, input and facilities which are not within the control of TopFoto and if TopFoto is totally or partially prevented or delayed in the performance of any of its obligations in providing a particular service, such a situation will constitute a 'force majeure' and TopFoto shall be excused the performance for so long as such a situation endures.
For the purposes of these Terms and Conditions of Use, the term 'force majeure' shall be deemed to include any cause affecting the performance by TopFoto of its obligations arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of TopFoto and in particular, but not by way of limitation, shall include strikes, lock-outs, other industrial action, actual or threatened terrorist action, civil commotion, riot, crowd disorder, invasion, war, threat or preparation for war, fire, technical or power failure, software, hardware or telecommunication or other network failures, interruptions, disruptions or malfunctions, explosions, storm, flood, earthquake, subsidence, structural damage, epidemic or other natural or physical disaster, any legislation, regulation, rule or ruling of government, court or any competent authority.
21. GOVERNING LAW
These Terms and Conditions of Use shall be governed by and construed in accordance with English law. Any dispute under these terms shall be subject to the exclusive jurisdiction of the English courts and, by using this website, you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.
Those who choose to access this website do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent any local laws are applicable.
Orders may be placed on hold via the My Account section. You may cancel your order by contacting us by email or by post as long as it has not already shipped. You may be asked to provide further proof that you are the holder of the account.
We have the right to cancel any order you make for any product if you fail our validation or security checks. In certain instances you may not receive email acknowledgment of an order being canceled. If payment has been processed you will receive a full refund.
You have the right to cancel any order you make for any product (other than personalised products and digital downloads) purchased through the online store for a full refund. If for any reason you are not satisfied with your purchase, you must contact us by email (or via the Contact Us form) within 15 days of receiving your goods and, if authorized, you then have another 15 days to return the goods in an unworn/unused condition for a full refund or exchange. When returning products to us for refund or exchange, you must pay for the appropriate postage costs. Full orders returned from UK customers will receive a full refund including postage charges.
Any waiver of any provision of these Terms and Conditions of Use must be in writing signed by TopFoto to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court's finding without affecting the validity and enforceability of any remaining provisions. These Terms and Conditions of Use represent the entire understanding and agreement between the parties relating to the subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by you and TopFoto.
To the extent that we are permitted by law to limit our liability to you in connection with any order, that liability will not exceed the total price charged for the relevant product(s).
The express terms of these Terms and Conditions represents the entire agreement between ourselves and you relating to its subject matter and in particular, without limitation, contain all the obligations on the part of our relation to the software and rights granted.
No other provisions (whether statutory or in contract or tort or any other kind) are implied or otherwise deemed incorporated into or collateral to these Terms and Conditions notwithstanding the execution by ourselves prior to the date of these Terms and Conditions of any document purporting to incorporate inconsistent terms.
You acknowledge that any warranties or representations (whether innocent, negligent or otherwise) which might have been made to you before agreeing to make these Terms and Conditions by or on behalf of ourselves in relation to the subject matter of these Terms and Conditions save to the extent expressly set out herein have been superseded and shall be deemed annulled and were not relied on by you and did not induce you to enter into these Terms and Conditions.
It is the intention of the parties that no term of this Agreement may be enforced by any third party notwithstanding that any such term of this Agreement may purport to confer, or may be construed as conferring, any benefit on such third party and irrespective of whether such third party is identified in this Agreement. The Contracts (Rights of Third Parties) Act 1999 shall not apply to any provisions of this Agreement.
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and subject to the jurisdiction of the courts of England and shall benefit ourselves, our successors and assigns.
In the event that there is a conflict between any of these Terms and Conditions and any relevant laws and/or regulations the relevant laws and/or regulations shall apply save to the extent that they may be validly varied.
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