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The ASDA online photo service is operated by Pixology Software
Ltd. Set out below are the terms of use for the service:
1.1 These Terms govern the relationship between you as
an authorised user ("Authorised User" or "you")
of the ASDA online photo centre ("OPC") and Pixology
Software Ltd ("Pixology") for the following purposes:
- uploading digital images to the OPC;
- Storing digital images on the OPC;
- ordering prints of digital images that have been uploaded
to the OPC;
- sharing digital images via the OPC.
1.2 Please read these Terms carefully because they form
a legal document. By using the OPC, you agree to be bound
with Pixology by these Terms. The OPC may only be used if
you accept these Terms. You may only use this OPC if you
are aged eighteen (18) years or over.
1.3 These Terms do not affect any consumer rights which
you may have under the provisions of any law or regulation
in the country where you live ("Local Law"), except
where those rights are capable of being waived by you under
the provisions of your Local Law. You agree that, by you
agreeing to these Terms with Pixology, you waive any consumer
rights you have which are capable of being waived under
your Local Law and that these Terms are the only terms and
conditions that apply between you and Pixology in respect
of your use of the OPC and the supply by Pixology of your
Prints.
2.1 By the display and description of this OPC, Pixology
does not agree to process your order and supply your Prints
at the prices specified, or at all.
2.2 These Terms will not form a binding contract between
you and Pixology for the purchase and supply of the Prints
until the following conditions have been met:
- you have submitted your offer to buy certain Prints
('Order') using the order facility provided; and
- Pixology notifies you by e-mail that your Order for
those Prints has been accepted and Pixology agrees to
supply the Prints to you.
2.3 Pixology will not be responsible for any loss or damage,
howsoever arising, as a result of a failure, refusal or
inability by Pixology to fulfil an Order.
2.4 In order to maximise the use of space on your website, all photos uploaded to the Digital Photo Centre are subject to compression. This is irreversible and may cause a small loss of quality when photographs are enlarged.
3.1 All prices quoted include UK value added tax (at the
applicable rate from time to time), and if there is a separate
postage and packaging charge this is listed with the price
and specification of Prints. The total cost is the "Purchase
Price". Pixology shall not be liable for any other
sales taxes, customs or import duties or other taxes which
may be imposed on you by any relevant taxing authority.
You are responsible for any such taxes.
3.2 All Purchase Prices and specifications of Prints are
subject to change without notice to you, except where Pixology
has accepted your Order and agreed to deliver the Prints
to you in accordance with Clause 2.2.
3.3 Any Purchase Price payable for use of the OPC must
be paid in advance. The Purchase Price is paid by credit
or debit card. We have the right to check with your card
provider and any credit reference agency or bank to confirm
whether or not you are able to pay the Purchase Price. We
have the right to refuse your order at our discretion.
4.1 All Prints will be delivered to you at the address
given by you during the checkout process, within 3 working
days (7 working days for canvas prints and other products will be delivered within 5 working
days) of your Order being accepted by Pixology pursuant
to Clause 2.2 above, unless an alternative timeframe is
notified to you by Pixology prior to the expiry of specified
delivery period.
4.2 Notwithstanding Clause 4.1, the time of delivery is
an estimate only and Pixology shall not be liable for any
late delivery of the Prints or any loss or damage caused
as a result.
5.1 Asda understands the value of every picture you take and that is why we offer a 100% satisfaction guarantee. If you find you are dissatisfied with any digital print or gift for any reason we will provide you with a replacement or a full refund as long as you let us know within 28 days of date of receipt. We ask that the unsatisfactory pictures/gifts are returned to us, to investigate and to enable us to continue to provide the best quality prints and gifts in the future.
We will firstly do our utmost to reprint/remake the order to your satisfaction. Please be aware you will be required to wait the specified delivery period during this process.
In the unlikely event that you are still not satisfied you may request a refund which will be credited to the credit card used when placing the original order.
If you are dissatisfied for any reason with
- Prints of the photos in your Asda account
- Photo gifts (e.g. mousemat, mug)
- Photo Books
- Canvas, Acrylics & Posters
please return the product to the FREEPOST address you will find on the outside of all Asda photo packaging, along with a covering letter i.e.:
ASDA Photo
FREEPOST SWB30555
Brunel Road
Newton Abbot
TQ12 4BF
NB: All returns must be made within 28 days of receipt.
Common Questions about Returns and Refunds
How do I send back returned items?
Simply repackage the item and send it to the FREEPOST address you will find above and on the outside of all Asda photo packaging. Please include a covering letter. All returns must be made within 28 days of receipt.
Can I cancel an order I've placed but haven't received?
Unfortunately, we cannot cancel or adjust any online orders. If you believe that you've placed an order in error, please contact us as soon as possible
6.1 These Terms are binding upon you immediately you accept
them in accordance with Clause 1 and they will remain in
force until both parties have performed their obligations
under these Terms or either party breaches its obligations
under these Terms.
6.2 Termination in accordance with this Clause 6 shall
not prejudice or affect any right of action or remedy which
shall have accrued or shall thereafter accrue to either
of us.
7.1 Pixology undertakes to use commercially reasonable
endeavours to prevent breaches of security of the OPC (including
your credit or debit card details provided by you when you
submit an Order for any Prints), and to use reasonable endeavours
to ensure that any Pixology suppliers, subcontractors or
agents comply with this Clause 7.1.
7.2 Pixology will use reasonable endeavours to respond
to your Order within a reasonable length of time.
7.3 The OPC is provided on an "as is" and "as
available" basis, and Pixology makes no representation
or warranty that the OPC offered will be accessible, or
usable by you, or error free.
7.4 Pixology reserves the right without notice to you,
to suspend or alter the operation of the OPC, at its sole
discretion or for legal or technical reasons. Pixology may
without notice and at our sole discretion delete or remove
any image that has been uploaded or submitted for printing.
Pixology will give you as much notice as possible prior
to taking any of the actions described in this Clause, but
prior notice may not always be feasible for a variety of
reasons.
7.5 It is possible that images or other material may appear
on our web site which are unlawful or offensive. We are
not responsible for such images or material but if you become
aware of any such images or material on the web site you
should please inform us without delay.
7.6 We may at our discretion contact law enforcement authorities
if we believe that anything unlawful is occurring or has
occurred in relation to the web site (including the uploading
of any images in breach of the above restrictions). We may
provide copies of any relevant images or material to the
law enforcement authorities and in that connection may also
give them access to any personal data that is held by us.
8.1 You agree that you are responsible for the security
and use of any user names or passwords needed to access
the OPC or any part of it. You must take all reasonable
steps to ensure that these user names and passwords are
kept confidential and secure and that you do not allow any
unauthorised person to access the OPC using your user name
or password.
8.2 You warrant that you are at least 18 years old and
the proper authorised owner of the credit card, details
of which you supply to Pixology. If you give details of
a non-existent credit card number or the number of a credit
card that belongs to someone else, we reserve the right
to terminate your account without notice.
8.3 You warrant that all information given by you in your
registration or use of this OPC is accurate and not misleading
and that you will not use this OPC:
- for any fraudulent or illegal purposes
- for any commercial purpose other than to conduct a commercial
transaction with Pixology. This includes allowing access
to your photo album in return for payment or for any other
commercial purpose.
- for the transmission or posting of any computer viruses
or any material which is:
- defamatory
- likely to incite hatred against any person or group
- blasphemous
- racist
- pornographic
- of any criminal act
- offensive or of an obscene or menacing character,
or in such a way as to cause annoyance, inconvenience
or needless anxiety and you agree that you will be
liable for any action taken against us or against
you in relation to such use; and
- breaches any applicable laws or legislation
8.4 You agree only to send to us images in which you own
the copyright (e.g. you took the photographs or they were
taken with your permission with your camera) or images which
you are authorised to send to us. You agree not to infringe
the intellectual property rights of any third party.
8.5 You acknowledge that all copyright, trademarks and
all other intellectual property rights in any part of the
OPC or any material supplied as part of the OPC belongs
to us or our licensors. You acknowledge that you are permitted
to use the OPC only as expressly authorised by us pursuant
to these Terms. You are not allowed to remove any copyright,
trade mark or any other intellectual property notices contained
in the original material from any material copied or printed
off from the web site.
8.6 You agree to indemnify Pixology against any claims,
costs, expenses or legal proceedings caused as a result
of your use of this OPC in contravention of this Clause
8. Further, in these circumstances, Pixology shall be entitled
to treat the contravention as a material breach of these
Terms and terminate the Terms, cancel any pending orders
for Prints made by you and terminate any access permission
granted to you by Pixology forthwith, without notice to
you.
8.7 A condition of Membership is your "Active Participation"
in the OPC. Active Participation is defined as logging onto
the OPC at least once every 60 days. If your Member account
is inactive for a period of over 60 days, Pixology may terminate
your Membership (or any part thereof) or use of the OPC
and remove and discard any content, including but not limited
to any and all information, communications, postings, albums,
image files or any other content within the OPC.
8.8 By registering your details with Pixology you agree
that ASDA or Pixology may send you details of changes and
improvements to the OPC, great value products which are
offered by ASDA, competitions and more, by email or otherwise.
We may also pass your details to 3rd Parties who may contact
you for market research purposes in relation to ASDA's services.
If you would rather not receive this information, you may
opt out by simply logging in to your account and changing
your preferences in 'My details'
8.9 You are advised to also read our Privacy Policy.
9.1 Any material or software downloaded or otherwise obtained
through use of the OPC is used at your own discretion and
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.
9.2 We have taken every care in preparing the material
made available to you via the OPC. To the extent permitted
by applicable law, we disclaim all express and implied warranties
as to the accuracy of the information given in the OPC.
We shall not be liable to you or any other person for any
loss or damage which may arise from your use of the OPC
(other than by reason of fraud) including:
- loss of business; loss of revenue; loss of profits;
loss of anticipated savings; wasted expenditure, loss
of privacy and/or loss of data;
- loss or damage, which arises from your misuse of any
of the information contained in any of the materials made
available to you via the OPC; and/or
- other loss or damage which does not result directly
from our actions or the actions of our agents and other
suppliers.
9.3 If Pixology is unable to perform any obligation under
these Terms because of a matter beyond its reasonable control
(including but not limited to); fire, flood, explosion,
war, civil disorder, industrial disputes (whether or not
involving its employees), or other disasters or governmental
laws and regulations imposed after the fact, or events beyond
the reasonable control of Pixology, Pixology will have no
liability for that failure to perform.
9.4 Our financial liability to you in the event of your
completed Order being lost in despatch shall be limited
to the higher of the payment you have made for the particular
Order or the level of compensation awarded from time to
time by the Royal Mail or such other carrier as we may use
from time to time.
9.5 We may modify or discontinue, temporarily or permanently,
any part of the OPC, 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 OPC.
9.6 Any liability we may have to you shall be limited to
the reprinting of the Images or reimbursement of charges
paid (if any).
9.7 Our exclusions of liability shall not apply to any
damages arising from death or personal injury caused by
our negligence or that of any of our employees or agents.
9.9 You will indemnify us and our officers and employees
against any action, claim, damages, liability, costs and
expenses arising out of:
- any use by you or your guests of this web site in breach
of these terms,
- any claim that the uploading of any images by you or
on your behalf is an infringement of any third party's
copyright, trade mark or other intellectual property rights;
- any claim that the processing, printing or other dealing
with by us in accordance with these terms of any images
uploaded by you or on your behalf is an infringement of
any third party's copyright, trade mark or other intellectual
property rights
10.1 You may send a legal notice to Pixology, or any questions
you may have concerning these Terms, by e-mail to customerservice@asda-photo.co.uk,
or by writing to us at: ASDA, c/o Pixology Software Ltd,
20 Priestley Road, Surrey Research Park, Guildford GU2 7YS.
Such notices will be effective within 3 days of receipt
by Pixology.
10.2 Pixology may give notice to you by general notice
on the web site, ASDA.com, by e-mail to your e-mail address
on record with Pixology, or by post to the geographical
address on record with Pixology. Such notice will be effective
if sent by e-mail or posted on ASDA's web site, 3 days from
the date it was sent or posted. If sent by regular post,
it will be effective 3 days after posting by Pixology.
11.1 Nothing in these Terms shall confer on any third party
any benefit or the right to enforce any term of this Agreement.
For the avoidance of doubt, the Contracts (Rights of Third
Parties) Act 1999 shall not apply to these Terms.
12.1 These Terms form the entire agreement between you
and Pixology and supersede any other oral or written communications,
agreements or representations with respect to your use of
this OPC.
12.2 Pixology reserves the right to add to or change the
terms of these Terms in its sole discretion without prior
notice to you. All changes to the Terms will be effective
once posted on the OPC. Pixology will provide notice of
the changes to the Terms for (30) days after posting the
amended Terms on the OPC. Your continued use of the OPC
and submission of any Order in accordance with Clause 2.2
above following Pixology's posting of such changes will
be regarded by Pixology as acceptance of the amended Terms.
If you do not agree to be bound by the amended Terms, you
should exit the OPC and not access the OPC or submit any
Orders for Prints to Pixology.
12.3 Nothing in these Terms affects your statutory rights
as a consumer.
12.4 If any part of these Terms are held by a court of
competent jurisdiction to be unenforceable, the validity
of the remainder of these Terms will not be affected.
12.7 Your use of the Internet is solely at your risk and
subject to all applicable laws, and Pixology has no responsibility
for any information, software, services or other materials
accessed or obtained by you using the Internet.
12.8 Unless otherwise specified elsewhere in this OPC,
all Prints will only be delivered to those Authorised Users
who are located in the United Kingdom. Pixology makes no
representation that any of the Prints are appropriate for
use, or available, in any other locations. Unless otherwise
specified elsewhere in this OPC, those who choose to access
this OPC from any location outside the UK are solely responsible
for compliance with Local Law if, and to the extent it is
applicable.
12.9 These Terms are governed by the laws of England, and
subject to the non-exclusive jurisdiction of the English
Courts.
13.1 The photo website is operated on behalf of ASDA by Pixology Software Ltd, a UK registered company.
Registered office : 20 Priestley Road, Surrey Research Park, Guildford, Surrey, GU2 7YS
Company Number: 2626037
VAT Number: 742 6867 04
Contact: helpdesk@pixology.com
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