1. Terms & Conditions
1.1 These terms and conditions (“Terms”) (together with any documents to which reference is made) govern the online, in store kiosks and mobile app (“Services”) and the delivery of associated products, all as described on this website.
1.2 By ordering the Services, you agree to be bound by these Terms. You should print a copy of these Terms for future reference.
1.3 Please select the tick box marked “I Accept” at the end of these Terms if you accept them. Please understand that if you refuse to accept these Terms, you will not be able to order the Services from this website.
1.4 We may change these Terms in our sole discretion without notice or reference to you and changes to these Terms become effective as soon as they appear on this website. If you use the Services again after these Terms have been amended, you are deemed to have accepted the amended Terms, which are accordingly incorporated within the contract made between yourself and us. We therefore recommend that you read these Terms each time you order the Services.
1.5 We may terminate our contract with you if you materially breach any of these Terms, and in the event we do so, we reserve the right to take any action against you or seek any remedy available to us, in respect of your breach.
1.6 No other terms and conditions apply in respect of our provision of the Services to you. However, this does not affect your statutory rights as a consumer.
2. The Service:
3.1 The Services enable you to upload your own photographic images (“Images”) which we (or our agents and subcontractors) will store digitally so as to enable you to order photographic products or photo gifts made from your Images (“Photographic Products”).
3.2 Our site is only intended for use by people resident in the UK. The Services are available only to you if you are over 16 years of age.
3.3 We reserve the right to make changes or corrections, alter, suspend or discontinue any part of the Services, or their description as appears on this website, or the basis on which you may use the Services.
3.4 Unless we expressly state to the contrary, any new features or enhancements of the Services or offer of availability or provision of other services or resources, shall be subject to these Terms.
3. Security and Copyright
10.1 We will use all reasonable endeavours to ensure the security of your Images and your credit or debit card details that we obtained from you when you submit an Order.
10.2 The contents of this website are protected by international copyright laws and other intellectual property rights and we are the owner or authorized user of these rights.
10.3 All product and company names and logos mentioned in connection with the Services are our trade marks or trading names or those of their respective owners. Nothing in the website shall be deemed to confer on you or any person any license or right with respect of any name, logo or image. You may download material for the sole purpose of placing an Order for Photographic Products. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or download any material, including but not limited to text, graphics, video, messages, code and/or software without our prior written consent.
10.4 You or the original photographer (or otherwise as you may have provided for in writing) remain at all times the owner of the copyright in the Images themselves and the Photographic Products made from them. By uploading any Images to this website you grant to us an irrevocable, royalty-free, indefinite and unrestricted licence to use, share, sublicense, reproduce, modify, publish, publicly perform, publicly display, reproduce and distribute such materials solely for the purposes of providing the Photographic Products
10.5. You affirm, represent and warrant that you have the power and authority to, and do, grant to Photo Genesis an irrevocable, indefinite, unrestricted, worldwide, non-exclusive, royalty-free, sub-licensable and transferable licence to copy, publish, reproduce, distribute, store, modify, adapt, display and to use in any way your Images or parts thereof. This licence granted includes, and is limited to the sole purpose of providing the Photographic Products.
10.6 You affirm, represent and warrant that (i) you own the copyright and waive any moral rights in the Images, or that you have obtained all necessary rights, consents and/or waivers from the owner of the copyright to place an Order for the Photographic Products, and to grant the rights described in these terms and conditions to Photo Genesis; (ii) by using the Images in accordance with these terms and conditions Photo Genesis will not violate any third party legal rights or any laws.
10.7 Photo Genesis respects the intellectual property rights of others and requests all users of the website to do the same. If you think your Image has been copied in a way that it would be considered an infringement of intellectual property rights, you may notify us using the emails provided on the website.
4. Limitations of Liability
11.1 We will use our commercially reasonable efforts to ensure that the Services will be provided with reasonable care and skill and the Photographic Products will be of satisfactory quality, will meet the descriptions set out on this website and will be reasonably fit for the purpose for which you bought them.
11.2 We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products other than the Photographic Products we provide, or any information or service provided through this website.
11.3 The Services are provided on an “as is” and “as available” basis. While every attempt is made by us to ensure that all materials and information published on this website about the Services are accurate and to keep the Services generally available and error free, we cannot guarantee that this website or the Services will operate continuously or without interruptions or be error free. We accept no liability for any unavailability. You assume total responsibility and risk for your use of the Services and use of all the information we provide.
11.4 We accept no liability for any indirect or consequential loss or damage, or for any direct or indirect loss of data, profit, revenue or business in each case however caused and even if foreseeable. We cannot be responsible for any loss or damage you sustain from the use or misuse of the Photographic Products by you.
11.5 We accept no liability for any loss in respect of material provided by you including the loss of any Images uploaded by you.
11.6 If we are liable to you for any reason, our liability will be limited to whichever the higher of the amount paid by you for the Photographic Products or any compensation for non-delivery or mis-delivery you may receive from the Royal Mail or any other carrier we use. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for any fraudulent misrepresentation. As an alternative to financial compensation, we at our option may reprint the Images and send them to you free of charge.
11.7 The limitations and exclusions in this paragraph do not affect your non-excludable statutory rights as a consumer and only apply to the extent permitted by law.
12.1 All notices and questions regarding these Terms or any Order (including any notice relating to cancellation under paragraph 6) may be delivered to us either by email at
photo-genesis.co.uk or by post to 19 markey way, Poplar, E14 6AH
12.2 We may contact you or send you any notice at either the email or postal address you provide during any ordering process.
12.3 Notice will be deemed received when an email is received in full (or else on the next business day if it is received outside usual hours of business or on a weekend or a public holiday in the place of receipt) or three (3) days after the date of posting.
13.1 We may, but you may not, assign any rights and/or transfer, sub-contract or delegate any obligations under these Terms, and/or charge or deal in any other manner with these Terms or any of our respective rights or obligations. Any purported assignment, transfer, sub- contracting, delegation, charging or dealing in contravention of this paragraph 13.1 shall be ineffective. These Terms are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.
13.2 We reserve the right at any time to suspend the Services at our sole discretion or for legal or technical reasons. We may also for the same reasons and at our sole discretion delete or refuse to process any Image you upload but if we intend to do so, we shall give you as much notice, if any, as we possibly can. If we propose to delete or not process any Image on the grounds of a suspected or likely breach by you of paragraphs 9.2, 9.3 or 9.4 below or other legal reason, we may at our discretion contact any law enforcement agencies and provide copies of the Images or other information about you to them.
13.3 These Terms as well as any accepted Order are the whole agreement between us. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by us or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these Terms by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the Terms and any accepted Order.
13.4 If any provision or term of these Terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such provision or term shall be divisible from the other Terms and shall be deemed to be deleted from them.
13.5 These Terms and your use of the Services are governed by English law and you submit to the exclusive jurisdiction of the English courts.
13.6 Except in respect of a payment obligation, neither of us will be held liable to each other for any failure to perform any obligation to the other due to causes beyond our respective reasonable control.
13.8 Failure or delay by either party enforcing an obligation or exercising a right under these Terms does not constitute a waiver of that obligation or right.
13.9 These Terms do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.