The BT Digital Print Service is a Photokiosk Service in partnership with Fujifilm designed for customers to place orders for prints (photographs) from digital image files held on media cards. Using the photokiosk provides access to the service. Customers place orders by credit card. All prints supplied to the customer's chosen delivery address will be carried out through independent participating laboratories and produced using Fujifilm materials.
1. Eligibility to the Service
In order to use these services, you must be 18 or over. By using these services you agree to comply in full with and be bound by these Terms and Conditions and any modifications that may be notified to you from time to time.
2.Use of the Service
2.1 The BT Digital Print Service may only be used in accordance with the instructions provided and for the purposes specified. Any other use is strictly prohibited. You warrant that you will not use the BT Digital Print Service to infringe the rights of any third party and you will fully comply with all relevant Laws, Regulations and industry practices.
2.2 Without limitation to the generality of the foregoing you warrant that you will not use the BT Digital Print Service for:
-Any material that contains any contaminating or destructive codes such as viruses, worms, 'Trojan horses' or any other similar features;
-Any material the rights in which are owned by third parties without the express written permission of the relevant third parties;
-Hacking, gaining or attempting to gain unauthorised access to any servers controlled by any third party, or us or for decompiling, reverse engineering or disassembling any software used in connection with this service.
2.3 BT and its partners shall decide, at its discretion, whether your use of the services constitutes any breach of the above restrictions or any of the other Terms and conditions.
2.4 BT and its partners reserves the right in its absolute discretion to refuse to print and/or to delete anything that you may send us.. You confirm that we shall not be liable to you or to any third party as a result of any such refusal or deletion.. For the avoidance of doubt you are solely responsible for keeping back-up copies of any of your images and other material. Nothing herein contained shall relieve you of your obligations to comply with these Terms & Conditions.
2.5 Non-compliance by you with any of the Terms and Conditions shall constitute a non-remediable breach and render the rights granted void ab initio.
3 Use of third party Websites and Software
BT and its partners or agents may make software or services owned or operated by third-party companies available to you. You must only use this software or the services in accordance with the terms and conditions imposed by the third-party provider. BT and its partners or agents has no control over and will accept no responsibility or liability for the material on or availability of any website not under BT and its partners or agents' direct control or jurisdiction. You acknowledge that BT and its partners or its agents shall in no way be responsible for any of your dealings with third parties found on or through any of the services launched from the BTDigital Print Service .
4 Copyright
4.1 You warrant that you are the absolute owner of all rights in all images or that you have the full permission and consent of the absolute owner of all rights in all images and other material uploaded by you and that your use of the BT Digital Print Service will not infringe the rights of any third party.
4.2 You grant all necessary rights, permissions and consents and waive any moral or other rights you may have so as to enable the services to be provided without restriction or obligation other than as set out in these Terms and Conditions.
4.3 Although we prohibit the uploading of offensive or unlawful images we cannot control the use of our service. It is therefore possible that such images or other material may be transferred on our service. We are not responsible for such images or material but if you become aware of any such images or material you should contact and inform us without delay.
5 Acceptance and delivery of orders
5.1 Acceptance of orders shall be at our sole discretion. All credit and charge card orders are subject to standard validation checks and authorisation by the card issuer. Payment will be debited from your account once your order is completed.
5.2 When your order has been accepted you will see a confirmation page with an order reference and you will receive (in normal working order) a receipt issued by the photokiosk and or a confirmation email.
5.3 We will arrange for delivery to the address you notify to us of when you place your order via the photokiosk. Your own or the delivery address of the recipient of your prints needs to be as full and detailed as possible. We accept no responsibility for non -delivery of your order due to an inaccurate delivery address which you supply to us when you place your order. Should your order be returned to us as undelivered, we reserve the right to dispose of incorrectly addressed envelopes and their contents and shall incur no liability to you or any other person.
5.4.We will endeavour, but are under no obligation, to deliver your order within any time scale stated. Delivery is at your risk. We accept no liability for loss or damage suffered due to delivery of your order after any average time estimated for delivery or as a result of non-delivery altogether, whether this delay or loss is caused by us or by a third party, such as local and international postal services. Such services are out of our direct control.
5.5 BT and its partners will take all reasonable care to keep the details of your order and credit card information secure. Unless a member of our staff has been fraudulent or negligent, we will not be liable for any losses you may suffer as a result of unauthorised access by a third party to the credit card information you provide.
6.Price information
All prices displayed on-line on the photokiosks for prints and or services are correct at the time when they are posted on the system. Such prices will prevail at all times in relation to orders placed through the system.
7.Print quality
You hereby acknowledge that the quality of any prints is dependent upon the quality of the original digital file.
8 Limitation of Liability
8.1 Whilst BT and its partners or its agents shall use its reasonable endeavours to ensure that the service is available and operational for the majority of the time BT/Fujifilm do not warrant that the service will be available at all times and error-free or that all errors will be corrected.
8.2 To the extent possible at law, BT and its partners shall have no liability for any direct, indirect or consequential losses or expenses suffered by you, howsoever caused. Except as specifically set out in these terms and conditions, any term, representation, condition or warranty including without limitation in respect of the quality or fitness for purpose, howsoever implied, is hereby expressly excluded to the extent permitted by law.
8.3 BT and its partners or its agents accepts no responsibility or liability for the deletion or failure to store any material, messages or communications. For the avoidance of doubt you are solely responsible for keeping back-up copies of all material including data and images. In addition, loss or damage to media cards inserted into photokiosks is at your own risk.
8.4 Any material or software downloaded or otherwise obtained through the use of services available from the system is used at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
8.5 We have taken every care in the preparation of the content of this system. To the extent permitted by applicable law, we disclaim all express and implied warranties including without limitation as to the accuracy of the information contained in all materials on this website and we shall not be liable to any person for any loss or damage which may arise from its use.
8.6 Under no circumstances will we be liable in any way for any images, words or other material displayed within the Service, including, but not limited to, any errors or omissions or any loss or damage of any kind incurred as a result of the use of any images, words or other material uploaded, emailed or otherwise transmitted via the services.
8.7 We may modify or discontinue, temporarily or permanently, any part of the services, with or without notice to you, and you confirm that we shall not be liable to you or to any third party for any modification to, or discontinuance of, any part of the services.
8.8 Any liability we may have to you shall in any event be limited to the reprinting of the images or at our discretion a refund of any charges paid.
8.9 Unless otherwise specified, the images, words and other material on this system is directed solely at those who access this system from the United Kingdom. BT or its agentsmake no representation that any product referred to in the materials on this system is appropriate for use or is available in other locations. Those who choose to access this System from other locations are responsible for compliance with all relevant Laws, Regulations and industry practices including without limitation all local Laws, Regulations and industry practices.
8.10 These Terms and conditions do not and shall not affect your statutory rights as a consumer.
9 Intellectual property
All intellectual property rights including brand, product and service names, titles and copyrights used are the trademarks, trade names, service marks, copyrights or other intellectual property of their respective holders and may not be used without the owners' consent. BT and its partners reserve all rights not expressly granted including without limitation any intellectual property rights it may have in or relating to the kiosk software.
10 Indemnity
You agree to fully indemnify BT and its partners or its agents and their associated companies, officers, agents, licensees, business associates and other partners and employees and the selected Laboratory from any claim, demand, cost and expense - including legal fees - due to or arising out of your use of the Digital Print Service including without limitation content you submit, post to or transmit through the BTDigital Print Service and/or arising out of any breach of these Terms and Conditions and/or or your infringement of any rights of any third party.
11 Data
The selected Laboratory, BT and Fujifilm will hold and process your personal data and whatever other information you choose to supply in order to provide the services to you. If BT and Fujifilm acquire or develop other businesses the data may be used by those other businesses in a similar way. The personal details you provide are stored on our secure server not in a cookie. By providing your personal data you are consenting to its use for all these purposes.
12 Termination
Without prejudice to BT or its partners' other rights and remedies, the rights to use the BT Digital Print Service will terminate immediately without notice if you fail to comply in full with any of these Terms and Conditions. Termination shall be without prejudice to any of our rights which have accrued prior to termination.
13 General
13.1 The express terms of these Terms and Conditions represents the entire agreement between BT and its partners or its agents and you relating to its subject matter and in particular, without limitation, contain all the obligations on the part of BT and its partners or its agents in relation to the software and rights granted.
13.2 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 BT and its partners prior to the date of these Terms and Conditions of any document purporting to incorporate inconsistent terms.
13.3 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 BT/Fujifilm 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.
13.4 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.
13.5 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 BT or its agents, its successors and assigns.
13.6 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.
14 Queries
Any queries or comments about this Digital Print Service should be directed via e-mail to
BTdigitalphotokiosk@fuji.co.uk
. For practical problems ordering prints or any other enquires, please telephone the support line on 0845 6016921.(see below for charging rates).
INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS BY CLICKING THE OK BUTTON BELOW BEFORE PROCEEDING WITH YOUR ORDER.
Should you have any queries or problems using this service
contact our support line on: 0845 6016921
Calls are charged at local rates.
4p per min peak, 2p per min after 6pm, 1p per min for weekends.
For more information please contact:
Helpline: 0845 601 6921
Email:
BTdigitalphotokiosk@fuji.co.uk