When the following words with bold letters are used in these Terms, this is what they will mean:
- Digital Surgery: digital surgery photo editing services as described on the Website, including the removal of unwanted items from a photo and/or addition of items to a photo;
- Discuss Button: the feedback button directly beneath a photo that We have sent to you after completing Services on the photo;
- Event Outside Our Control: is defined in clause 10.2;
- Facelift: facelift photo editing services as described on the Website, including correcting colours, correcting exposure, correcting lens distortion and sharpening;
- Major Digital Surgery: major digital surgery photo editing services as described on the Website, including exteriors re-envisioned, properties digitally extended, scaffolding digitally removed and new houses digitally completed or any similar photo editing services;
- Order: your order for the Services on the Website;
- Services: the Facelift, Digital Surgery and/or Major Digital Surgery services that We are providing to you as set out in the Order;
- Terms: the terms and conditions set out in this document;
- We/Our/Us: Doctor Photo Ltd (company number 10216149) whose registered office is at 23 Clinton Close, Knaphill, Woking, Surrey, England, GU21 2AL; and
- Website: Our website at any time and from time to time, currently called Doctor Photo and at http://doctor-photo.co.uk/ and including all databases, software, domain names, infrastructure and products that We market for use by individual users to shop for the Services. The Website includes all future versions and replacements of, and successors to, the site.
- When We use the words "writing" or "written" in these Terms, this will include e-mail and notifications sent via the Discuss Button unless We say otherwise.
OUR CONTRACT WITH YOU
- These are the terms and conditions on which We supply Services to you. These Terms apply to the use of the Website and the Services and to all orders submitted by you online using the Website. By entering and using the Website and/or the Services, you indicate that you agree to use the Website and/or the Services only under these Terms and agree to be bound by them. If you do not agree with these Terms, do not access or use the Website and/or the Services.
- Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you submit the Order. If you think that there is a mistake or you require any changes, please use the Discuss Button to contact Us to advise.
- When you submit the Order to Us, this does not mean We have accepted your order for Services. Our acceptance of the Order will take place as described in clause 2.4. If We are unable to supply you with the Services, We will inform you of this in writing and We will not process the Order.
- Your Order is a binding offer with obligation to pay, subject to acceptance by Us at Our sole discretion. Your Order is accepted by Us when we return a photograph to you following the completion of the Services. In the event that We send you an Order confirmation, this does not signify an acceptance of your Order but is merely to confirm receipt of your Order.
- If any of these Terms conflict with any term of the Order, the Order will take priority.
CHANGES TO ORDER OR TERMS
We reserve the right to change these Terms from time to time, and post the new version on the Website. 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 in our reasonable opinion of being to your material disadvantage; or
- immediately upon the date of posting if the changes are not capable in our reasonable opinion of being to your material disadvantage.
- In either case, if you do not wish to be governed by the new version of these Terms, you must cease to use the Website and/or the Services. For the avoidance of doubt, We will not have any liability to you in that event.
- When you upload a photograph to the Website, you will decide whether the Services you request are Facelift, Digital Surgery and/or Major Digital Surgery. However, We reserve the right to change such designation as appropriate in the event that in our opinion the Services requested fall into a different category of Services.
- We will use all reasonable endeavours to complete Facelift Services in accordance with the timeframe that you request them to be completed as specified on the Website. Working hours are defined on the Website. If We fail to complete Facelift Services within the requested timeframe then We will make no charge. If you make any further request via the Discuss Button subsequent to initially uploading the photograph then the clock will run from the time of that request and not from the time that you initially uploaded the photograph.
- We will use all reasonable endeavours to complete the Digital Surgery Services and/or Major Digital Surgery Services in accordance with the time estimate we provide to you when you upload a photograph. However, there may be delays due to an Event Outside Our Control. See clause 10 for Our responsibilities when an Event Outside Our Control happens. There may also be delays if We have asked you to provide a source photograph or image or information when you have requested that We delete item(s) from a photograph. A source photo enables Us to see what is hidden behind the item that is to be deleted. If you do not supply a source photo or other required image or information that We request to enable Us to complete the Services then delays can result from that and We shall not be liable for any such delays.
IF THERE IS A PROBLEM WITH THE SERVICES
In the unlikely event that there is any defect with the Services:
- please contact Us and tell Us by using the Discuss Button within 24 hours of receipt of the relevant photo;
- please give Us a reasonable opportunity to fix any defect; and
- we will use every effort to fix the defect as soon as reasonably practicable.
You will not have to pay for Us to fix a defect with the Services under this clause 5.1.
In the event that We cannot fix any defect in accordance with this clause 5.1, We shall inform you in writing as soon as practicable and you will not have to pay Us, provided you agree not to publish the relevant amended photo. In the event that you subsequently publish the amended photo, you will be required to pay Us for the services We provided in accordance with clause 6.
- If you are a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials We use 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 will affect these legal rights.
PRICE AND PAYMENT
- The price of the Facelift Services will be set out on the Website at the time you submit your Order. Our prices may change at any time, but price changes will not affect Orders that you have already submitted.
- The price of Digital Surgery Services and Major Digital Surgery Services will be determined by the amount of time that it takes Us to edit the photo. You can set a maximum amount that you would be prepared to spend for the Services on the Website and we will advise you if that limit will have to be exceeded to enable Us to complete the Services. We will always charge an appropriate amount based on the time required to complete the Services and if that amount is less than the maximum limit that you have set then that is the amount we shall charge for the Services. If you set a maximum limit that is lower than the amount required to complete the Services, then we will confirm this to you and ask that you reset the maximum limit to an appropriate amount. We will not proceed with the Services until We have your consent.
- These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
- Where We are providing Services to you, We may ask you to make an advance payment in the event that We have previously experienced a poor payment history with you, or in the event that you require Major Digital Surgery Services that in our view may take a considerable amount of time to complete. Your rights to a refund on cancellation are set out in clause 11. We will invoice you for the balance of the Services on or any time after We have performed the Services. Each invoice will quote the Order number.
- You must pay any invoice issued by Us in cleared monies within 30 calendar days from the date of invoice.
- If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
- However, if you reasonably dispute an invoice in good faith and contact Us to let Us know within 24 hours after you have received an invoice that you dispute it, clause 6.6 will not apply for the period of the dispute.
- You or your client (as the case may be) retain all intellectual property rights in any photo you submit to Us, and grant Us a licence to use such intellectual property rights to the extent required to perform the Services.
- You or your client (as the case may be) also grant Us a licence to use any photo submitted by you and any photo edited by Us to illustrate ‘before and after’ examples for Our marketing purposes, unless you specify otherwise in advance in writing to Us.
OUR LIABILITY TO YOU
- It is your responsibility to review every photo that We return to you and not to publish any such photo unless you are satisfied with its accuracy. We are not responsible for any loss or damage that arises from any Services that are undertaken by Us.
- We do not accept liability for any loss of any content, images or data you have uploaded to the Website. You are responsible for ensuring the back up of any such content, images and data. Images are retained by Us for a period of no more than three months. At the end of that period they will be deleted.
- We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not exclude or limit in any way Our liability for:
- death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
- breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
- defective products under the Consumer Protection Act 1987.
YOUR LIABILITY TO US
- By submitting any photo to Us, you warrant that you have all rights and licences to provide such photo to Us and that such photo does not infringe the intellectual property rights of any third party and you shall indemnify Us on demand against all losses, costs, charges, damages and expenses incurred by Us as a result of any such infringement.
- You are responsible for ensuring that any photo edited by Us accurately portrays the subject matter and is used in accordance with all applicable legislation and you shall indemnify Us on demand against all losses, costs, charges, damages and expenses incurred by Us as a result of any claim made against Us by a third party, including any regulatory body such as the Office of Fair Trading or the Chartered Trading Standards Institute, for breach of such obligations.
EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
- An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
- We will contact you as soon as reasonably possible to notify you; and
- Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
Before We begin to provide the Services, you have the following rights to cancel an Order for Services, including where you choose to cancel because We are affected by an Event Outside Our Control or if We change these Terms to your material disadvantage:
- You may cancel any Order for Services before the work has been commenced by using the Discuss Button. We will confirm your cancellation in writing to you.
- If you cancel an Order under clause 11.1(a) and you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
- However, if you cancel an Order for Services under clause 11.1(a) and We have already started work on your Order by that time, you will pay Us any costs We reasonably incurred in starting to fulfil the Order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact Us. However, where you have cancelled an Order because of Our failure to comply with these Terms (except where We have been affected by an Event Outside Our Control), you do not have to make any payment to Us.
Once We have begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving Us written notice if:
- We break this contract in any material way and We do not correct or fix the situation within 7 days of you asking Us to in writing;
- We go into liquidation or a receiver or an administrator is appointed over Our assets;
- We change these Terms under clause 3 to your material disadvantage;
- We are affected by an Event Outside Our Control.
OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
If We have to cancel an Order for Services before the Services start:
- We may have to cancel an Order before the start date for the Services, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide the Services. We will promptly contact you if this happens.
- If We have to cancel an Order under clause 12.1(a) and you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
- Where We have already started work on your Order for Services by the time We have to cancel under clause 12.1(a), We will not charge you anything and you will not have to make any payment to Us.
We may cancel the contract for Services at any time with immediate effect by giving you written notice if:
- you do not pay Us when you are supposed to as set out in clause 6. This does not affect Our right to charge you interest under clause 6.6; or
- you break the contract in any other material way and you do not correct or fix the situation within 14 days of Us asking you to in writing.
INFORMATION ABOUT US AND HOW TO CONTACT US
- We are a company registered in England and Wales. Our company registration number is 10216149 and Our registered office is at 23 Clinton Close, Knaphill, Woking, Surrey, England, GU21 2AL. Our registered VAT number is 923 1691 32.
- If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at 07976264843 or by e-mailing Us at firstname.lastname@example.org.
- If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to Doctor Photo Ltd at 23 Clinton Close, Knaphill, Woking, Surrey, GU21 2AL, email@example.com. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us when you set up your account details on the Website.
HOW WE MAY USE YOUR PERSONAL INFORMATION
We will use the personal information you provide to Us to:
- provide the Services;
- process your payment for such Services; and
- inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
- We will not give your personal data to any other third party.
OTHER IMPORTANT TERMS
- We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
- This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
- Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
- These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.