Terms Of Service
Myschoolpics. ("Service" or
"System"), is an internet based photographic sales system operated by
Lightroom photography, ("we" or "us") of Suite 15 The
Enterprise Centre, Coxbridge Business Park, Farnham, Surrey, United Kingdom,
GU10 5EH (Company number 01800855). The Internet web site provides access to
the Myschoolpics System, and laid out below are the terms and conditions of use
for the Service. The web site may only be used in accordance with these terms.
The terms laid out below govern the relationship
between you as a user ("you or user") and Lightroom photography. The
web site, and the services provided through the web site, can only be used if
you agree to these terms.
1. General Terms
1.0 Purchase Terms
These purchase terms ("Purchase
Terms") comprise a binding contract between you as a user of the
Myschoolpics Service and Lightroom photography for the purchase of photographic
products (“Products”)
1.1 Legal Document
Please read these Purchase Terms carefully
because they form a legal document. By submitting an order to the Myschoolpics
system, you agree to be bound with Lightroom photography by these Purchase
Terms. If you do not wish to accept these Purchase Terms, you should not submit
an order.
1.2 Local Law
Those who choose to access this Service from any
location outside the UK are solely responsible for compliance with Local Law
if, and to the extent that, it is applicable. In this case, you agree that, by
you agreeing to these Purchase Terms with Lightroom photography, you waive any
consumer rights you have which are capable of being waived under your Local Law
and that these Purchase Terms are the only terms and conditions that apply
between you and Lightroom photography in respect of your use of the Service and
the supply by Lightroom photography of your Products.
2. Purchase Terms
2.0 Display
By the display and description of this Service,
Lightroom photography does not necessarily agree to process your order and
supply your Products at the prices specified.
2.1 Binding Contract
These Purchase Terms will not form a binding
contract between you and Lightroom photography for the purchase and supply of
the Products, until the following conditions have been met:
a. You have submitted an offer to buy certain
Products using the order facility provided; and
b. Lightroom photography notifies you by e-mail
that your order for Products has been accepted and Lightroom photography agrees
to supply the Products to you, provided that you have supplied Lightroom
photography with an e-mail address for the reply. If you fill in the e-mail
field when you make an order, you will receive a confirmation by e-mail. This
should be immediate.
2.2 Loss or Damage
Lightroom photography will not be responsible
for any consequential loss or damage, howsoever arising, as a result of a
failure, refusal or inability by Lightroom photography to fulfil an order.
3. Price and Specification of Products
3.0 Prices and Taxes
All prices quoted include United Kingdom Value
Added Tax ("VAT"), at the applicable rate. There is a separate VAT
inclusive postage and packaging charge and this is listed with the price and
specification of the Products. The total cost is the "Purchase
Price". Lightroom photography 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.
3.1 Tax Free
If by nature of where you live you are able to
purchase Products free of tax, or are able to reclaim tax, you must contact
Lightroom photography before you make your purchase. Once an order has been
placed, and payment made, Stanley Baker Studios cannot enter into any
correspondence or dialogue regarding tax issues.
3.2 Change
All Purchase Prices and specifications of
Products are subject to change without notice, except where Lightroom
photography has accepted your order and agreed to deliver the Products to you
in accordance with Clause 2.1.
3.3 Payment
The Purchase Price payable for Products must be
paid in advance by a secure payment authorisation bureau chosen by Lightroom
photography.
Lightroom photography retain the right to check
with your card provider and/or any credit reference agency or bank to confirm
whether or not you are able to pay the Purchase Price. Lightroom photography
has the right to refuse your order at their discretion.
4. Delivery of Products
4.0 Delivery
All Products will be delivered to you at the UK
address given during the order process, within the service time frame
specified, upon your order being accepted by Lightroom photography, pursuant to
Clause 2.1 above, unless an alternative time frame is notified to you by
Lightroom photography prior to the expiry of a 5 working day period. For
delivery outside of the UK, please contact our support team prior to placing an
order. Any orders created with non-UK delivery addresses will be refunded
without prior notification.
4.1 Estimate
Notwithstanding Clause 4.0, the time of delivery
is an estimate only and Lightroom photography, shall not be liable for any late
delivery of the Products or any consequential loss or damage caused as a
result.
5. Returns Policy
5.0 Returns
In the event that the Products are damaged or
defective when you receive them, or do not match the description specified in
the Service, you will be entitled to return the Products to Lightroom
photography, within 14 days of receipt by you. In those circumstances,
Lightroom photography, will either reprint the Products or provide a full
refund of the Purchase Price.
5.1 Not Faulty
In the event that you return any Products to
Lightroom photography, in accordance with Clause 5.0, and Lightroom
photography, can demonstrate that they were not faulty when received by you,
Lightroom photography, reserves the right to return the Products to you and to
claim the cost of such return postage from you.
6. Duration of Purchase Terms and Termination
6.0 Duration
These Purchase Terms are binding upon you when
you accept them in accordance with Clause 2 and they will remain in force until
both parties have performed their obligations under these Purchase Terms or
either party breaches its obligations under these Purchase Terms.
6.1 Termination
Termination in accordance with this Clause 6.0
shall not prejudice or affect any right of action or remedy, which shall have
accrued or shall thereafter accrue to either party.
7. Lightroom photography's Responsibilities
7.0 Security
Lightroom photography undertakes to use
commercially reasonable endeavours to prevent breaches of security of the
Service (including the credit card details provided by you when you submit an
order for any Products), and to use reasonable endeavours to ensure that any
Lightroom photography suppliers, subcontractors or agents comply with this
Clause.
7.1 Response
Lightroom photography will use reasonable
endeavours to respond to your order within the stated time.
7.2 'As Is'
The service is provided on an 'as is' and 'as
available' basis, and Lightroom photography makes no representation or warranty
that the Service offered will be accessible, or useable by you, or error free.
7.3 Suspend or Alter
Lightroom photography reserves the right, at its
sole discretion, to suspend or alter the operation of the Service for legal,
technical or any other reason. Lightroom photography will give as much notice
as possible prior to taking any of the actions described in this Clause, but
prior notice may not always be feasible.
8. User's Responsibilities
8.0 Authorised Owner
You warrant that you are the proper authorised
owner of the payment details of which you supply to Lightroom photography's
payment authorisation bureau when using the System.
8.1 Accurate Information
You warrant that all information given by you in
your use of this Service is accurate and not misleading and that you will not
use this Service:
a. for any fraudulent or illegal purposes
b. for the transmission or posting of any
computer viruses or any material which is defamatory, offensive or of an
obscene or menacing character, or in such a way as to cause annoyance,
inconvenience or needless anxiety. You agree that you will be liable for any
action taken against Lightroom photography or against you in relation to such
use; and
c. in a manner which constitutes a violation or
infringement of any right of person, firm or company, including but not limited
to, rights of copyright or confidentiality.
8.2 Personal Use
You confirm that all pictures purchased using
the Lightroom photography Service are purchased strictly for your own personal
use. If you wish to use any picture within the system for any other purpose,
you agree to contact Lightroom photography to negotiate terms.
8.3 Copyright
You acknowledge and accept that all copyright,
trademarks and all other intellectual property rights in any part of the
Service or any material supplied as part of the Service belongs to Lightroom
photography. You agree not to remove any copyright, trademark or any other
intellectual property notices contained in the original material and/or from
any Products purchased through the service.
8.4 Indemnify
You agree to indemnify Lightroom photography
against any claims, costs, expenses or legal proceedings caused as a result of
your use of this Service in contravention of Clause 8.1. Further, in these
circumstances, Lightroom photography shall be entitled to treat the
contravention as a material breach of these Purchase Terms and terminate the
Purchase Terms, cancel any pending orders for Products made by you and
terminate any access permission granted to you by Lightroom photography
forthwith, without notice to you.
8.5 Privacy
Personal data provided to Lightroom photography
through this web site will only be used in accordance with our Privacy Policy.
Please read through this carefully before proceeding. By providing your
personal data you are consenting to its use in accordance with the Privacy
Policy.
9. Limitation of Liability
9.0 Limit of Liability
To the extent that Lightroom photography is
deemed by a court of competent jurisdiction, to have any liability to you in
relation to the Service or any Products supplied by Lightroom photography or
Lightroom photography's contractors, Lightroom photography entire liability
shall be limited to £500 for any one incident or series of related incidents
and up to £1,000 for all incidents in any period of 12 months.
9.1 Not Liable
Lightroom photography shall not be liable to
you, other than through fraudulent or negligent misrepresentation, for:
a. any economic loss, including without
limitation, loss of revenue, business, contracts, profits or anticipated
savings;
b. any loss of goodwill or reputation;
c. any loss of data; or
d. any special, indirect or consequential loss.
10. Operation of the web site
10.0 Changes
Lightroom photography may at its discretion
change the format and content of the web site, or any products or services
offered, at any time without notice.
10.1 Terminate
Lightroom photography may suspend or terminate
the operation of this web site, or suspend or terminate provision of any
products or services offered, for support, maintenance work, in order to update
the content or for any other reason. Lightroom photography may do this at any
time and without notice.
11. Notices
11.0 Legal Notices
You may send a legal notice to Lightroom
photography, or any questions you may have concerning these Purchase Terms, by
e-mail to info@lightroomphotography.co.uk, or by writing to Lightroom
photography, at Suite 15 The Enterprise Centre, Coxbridge Business Park,
Farnham, Surrey, United Kingdom, GU10 5EH. Such notices will be effective
within 3 days of receipt by Lightroom photography.
11.1 Give Notice
Lightroom photography may give notice to you by
general notice on its web site, www.Myschoolpics.co.uk by e-mail to your e-mail
address on record with Lightroom photography, or by post to the geographical
address on record with Lightroom photography. Such notice will be effective if
sent by e-mail or posted on Lightroom photography'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 Lightroom photography.
12. Third Parties
12.0 Third Party Rights
Nothing in these Purchase 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 Purchase Terms.
13. General
13.0 Entire Agreement
These Purchase Terms form the entire agreement
between you and Lightroom photography and supersede any other oral or written
communications, agreements or representations with respect to your use of this
Service.
13.1 Change of Terms
Lightroom photography reserves the right to add
to or change the terms of these Purchase Terms in its sole discretion without
prior notice. All changes to the Purchase Terms will be effective once posted
on the Myschoolpics site. Lightroom photography will provide notice of the
changes to the Purchase Terms for (30) days after posting the amended Purchase
Terms on the Service.
Your continued use of the Service and submission
of any order in accordance with Clause 2.1 above following Lightroom
photography's posting of such changes will be regarded by Lightroom photography
as acceptance of the amended Purchase Terms. If you do not agree to be bound by
the amended Purchase Terms, you should exit the Service and not access the
Service or submit any orders for Products to Lightroom photography.
13.2 Statutory Rights
Nothing in these Purchase Terms affects your
statutory rights as a consumer.
13.3 Court Ruling
If any part of these Purchase Terms are held by
a court of competent jurisdiction to be unenforceable, the validity of the
remainder of these Purchase Terms will not be affected.
13.4 Beyond Control
If Lightroom photography is unable to perform
any obligation under these Purchase 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 Lightroom photography, Lightroom
photography will have no liability for failure to perform the Service.
13.5 At Own Risk
Your use of the Internet is solely at your own
risk and subject to all applicable laws, and Lightroom photography has no
responsibility for any information, software, services or other materials
accessed or obtained by you using the Internet.
13.6 No Representation
Lightroom photography makes no representation
that any Products purchased using the Lightroom photography service are
appropriate for your use, or available, in any other locations.
13.7 Laws of England
These Purchase Terms are governed by the laws of
England, and subject to the non-exclusive jurisdiction of the English Courts.
13.8
Commission Payment Policy:
Commission Eligibility:
- Commissions on photo orders are eligible to be paid to schools in recognition of their collaboration with Lightroom Photography.
Request for Commission:
- It is imperative to note that commissions are payable only upon explicit request from the school.
- Schools desiring to avail themselves of the commission are required to submit a formal request to Lightroom Photography in a timely manner.
Assumption of Non-Inclusion:
- In instances where no formal request for commission payment is received from the school, it will be presumed that the commission is not included in the transaction.
- It is the responsibility of the school to ensure that such requests are communicated clearly and promptly to avoid any discrepancies in future transactions.
Payment Procedure:
- Upon receipt of a formal request, commission payments will be processed according to the stipulated payment details provided by the school.
- Any requisite payment details and specific instructions for commission payment procedures should be communicated clearly in the request to avoid any delays or errors in processing.
- Commission payments are not retroactive and will not be backdated to previous years.
This policy ensures clarity, fairness, and due diligence in our financial transactions and collaborations. We kindly urge all participating schools to adhere to this policy and communicate any commission payment requests as per the outlined protocol.
Last updated 21/02/2023
Terms of purchase
Lightroom
Photography ltd has a 100% money back guarantee on all printed photos. All
claims are to be lodged with our Customer Service Department within 14 days of
despatch of your photos. For more information on how to make a claim please
contact our Customer Service team via email on info@lightroomphotography.co.uk
When returning your package to Lightroom Photography ltd, please retain proof
of the item being sent as well as the date of return.
If you have purchased a digital copy of the image(s), we are unable to refund
your purchase.
Free delivery is applied to UK addresses only. For delivery outside of the UK,
please contact our support team prior to placing an order. Any orders created
with non-UK delivery addresses will be refunded without prior notification.
Updated 20/02/2022
Privacy Policy
Lightroom Photography ltd understands
that your privacy is important to you and that you care about how your personal
data is used. We respect and value the privacy of everyone who visits this
website www.photoordering.co.uk and will only collect and use personal data in
ways that are described here, and in a way that is consistent with our
obligations and your rights under the law.
Please read this Privacy Policy carefully and ensure that you understand it.
Your acceptance of this Privacy Policy is deemed to occur upon your first use
of our Site.
1. Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
“Account” means an account required to access and/or use certain areas and
features of our Site;
“Cookie” means a small text file placed on your computer or device by our Site
when you visit certain parts of our Site and/or when you use certain features
of our site. Details of the Cookies used by our Site are set out in our Cookie
Descriptor policy
“Cookie Law” means the relevant parts of the Privacy and Electronic
Communications (EC Directive) Regulations 2003;
2. Information About Us
Our Site is owned and operated by Lightroom Photography a Limited Company
registered in England under company number: 13583034
Registered address: Suite 15 The
Enterprise Centre, Coxbridge Business Park, Farnham, Surrey, United Kingdom,
GU10 5EH
VAT number: 366 1238 96
Data Protection Andrew molloy
Email address: info@lightoomphotography.co.uk
Postal Address: As above
We are regulated by The Information Commissioner’s Office (ICO)
3. What Does This Policy Cover?
This Privacy Policy applies only to your use of our Site. Our Site may contain
links to other websites. Please note that we have no control over how your data
is collected, stored, or used by other websites and we will advise you to check
the privacy policies of any such websites before providing any data to them.
4. What is Personal Data?
Personal data is defined by the General Data Protection Regulation (EU
Regulation 2016/679) (the “GDPR”) as ‘any information relating to an
identifiable person who can be directly or indirectly identified in particular
by reference to an identifier’.
Personal data is, in simpler terms, any information about you that enables you
to be identified. Personal data covers obvious information such as your name
and contact details, but it also covers less obvious information such as
identification numbers, electronic location data, and other online identifiers.
5. What Are My Rights?
Under the GDPR, you have the following rights, which we will always work to
uphold:
The right to be informed about our collection and use of your personal data.
This Privacy Policy should tell you everything you need to know, but you can
always contact us to find out more or to ask any questions using the details in
Part 14.
The right to access the personal data we hold about you. Part 13 will tell you
how to do this.
The right to have your personal data rectified if any of your personal data
held by us is inaccurate or incomplete. Please contact us using the details in
Part 14 to find out more.
The right to be forgotten, i.e. the right to ask us to delete or otherwise
dispose of any of your personal data that we hold. Please contact us using the
details in Part 14 to find out more.
The right to restrict (i.e. prevent) the processing of your personal data.
The right to object to us using your personal data for a particular purpose or
purposes.
The right to data portability. This means that, if you have provided personal
data to us directly, we are using it with your consent or for the performance
of a contract, and that data is processed using automated means, you can ask us
for a copy of that personal data to re-use with another service or business in
many cases.
Rights relating to automated decision-making and profiling. We do not use your
personal data in this way.
For more information about our use of your personal data or exercising your
rights as outlined above, please contact us using the details provided in Part
14.
Further information about your rights can also be obtained from the Information
Commissioner’s Office or your local Citizens Advice Bureau.
If you have any cause for complaint about our use of your personal data, you
have the right to lodge a complaint with the Information Commissioner’s Office.
6. What Data Do We Collect?
Depending upon your use of our Site, we may collect some or all of the
following personal and non-personal data (please see our Cookie Descriptor on
our use of Cookies and similar technologies.
Name;
Address;
Email address;
Telephone number;
Business name;
Payment information;
IP address ;
A list of URLs starting with a referring site, your activity on our site, and
the site you exit to;
School name, class, administration number
7. How Do You Use My Personal Data?
Under the GDPR, we must always have a lawful basis for using personal data.
This may be because the data is necessary for our performance of a contract
with you, because you have consented to our use of your personal data, or
because it is in our legitimate business interests to use it. Your personal
data may be used for the following purposes:
Providing and managing your Account;
Providing and managing your access to our Site;
Personalising and tailoring your experience on our Site;
Supplying our products and services to you. Your personal details are required
in order for us to enter into a contract with you.
Personalising and tailoring our products and services for you.
Communicating with you. This may include responding to emails or calls from
you.
Supplying you with information by email that you have opted-in to (you may
unsubscribe or opt-out at any time by unsubscribing on the web site)
With your permission and/or where permitted by law, we may also use your
personal data for marketing purposes, which may include contacting you by email
and/or telephone with information, news, and offers on our products and or
services. You will not be sent any unlawful marketing or spam. We will always
work to fully protect your rights and comply with our obligations under the
GDPR and the Privacy and Electronic Communications (EC Directive) Regulations
2003, and you will always have the opportunity to opt-out.
Third Parties whose content appears on our Site may use third-party Cookies, as
detailed below in Part 15. Please refer to our Cookie Descriptor for more
information on controlling cookies. Please note that we do not control the
activities of such third parties, nor the data that they collect and use
themselves, and we advise you to check the privacy policies of any such third
parties.
8. How Long Will You Keep My Personal Data?
We will not keep your personal data for any longer than is necessary in light
of the reason(s) for which it was first collected. Your personal data will
therefore be kept for the following periods
Scanned copies of Photograph order forms 7 years
Secure back ups of Photographs 7 years
Pupil admission data 7 Years
9. How and Where Do You Store or Transfer My Personal Data?
We will only store or transfer your personal data within the European Economic
Area (the “EEA”). The EEA consists of all EU member states, plus Norway,
Iceland, and Liechtenstein. This means that it will be fully protected under
the GDPR.
10. Do You Share My Personal Data?
We may sometimes contract with the following third parties to supply certain
products and services. These may include payment processing, delivery, and
marketing. In some cases, those third parties may require access to some or all
of your personal data that we hold.
Netlife.no
PayPal.com/co.uk
Worldpay.com
If any of your personal data is required by a third party, as described above,
we will take steps to ensure that your personal data is handled safely,
securely, and in accordance with your rights, our obligations, and the third
party’s obligations under the law, as described above in Part 9.
In some limited circumstances, we may be legally required to share certain
personal data, which might include yours, if we are involved in legal
proceedings or complying with legal obligations, a court order, or the
instructions of a government authority.
11. How Can I Control My Personal Data?
11.0 In addition to your rights under the GDPR, set out in Part 5, when you
submit personal data via our Site, you may be given options to restrict our use
of your personal data. In particular, we aim to give you strong controls on our
use of your data for direct marketing purposes (including the ability to
opt-out of receiving emails from us which you may do by unsubscribing using the
links provided in our emails at the point of providing your details and by
managing your Account.
11.1 You may also wish to sign up to one or more of the preference services
operating in the UK: The Telephone Preference Service (“the TPS”), the
Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference
Service (“the MPS”). These may help to prevent you receiving unsolicited
marketing. Please note, however, that these services will not prevent you from
receiving marketing communications that you have consented to receiving.
12. Can I Withhold Information?
You may access certain areas of our Site without providing any personal data at
all. However, to use all features and functions available on our Site you may
be required to submit or allow for the collection of certain data.
You may restrict our use of Cookies. For more information, see our Cookie
Descriptor.
13. How Can I Access My Personal Data?
If you want to know what personal data we have about you, you can ask us for
details of that personal data and for a copy of it (where any such personal
data is held). This is known as a “subject access request”.
All subject access requests should be made in writing and sent to the email or
postal addresses shown in Part 14.
There is not normally any charge for a subject access request. If your request
is ‘manifestly unfounded or excessive’ (for example, if you make repetitive
requests) a fee may be charged to cover our administrative costs in responding.
We will respond to your subject access request within one week and, in any
case, not more than one month of receiving it. Normally, we aim to provide a
complete response, including a copy of your personal data within that time. In
some cases, however, particularly if your request is more complex, more time
may be required up to a maximum of three months from the date we receive your
request. You will be kept fully informed of our progress.
14. How Do I Contact You?
To contact us about anything to do with your personal data and data protection,
including to make a subject access request, please use the following details
(for the attention of) Mr A Molloy
Email address: info@lightroomphotography.co.uk
Postal Address: Suite 15 The
Enterprise Centre, Coxbridge Business Park, Farnham, Surrey, United Kingdom,
GU10 5EH
15. Changes to this Privacy Policy
We may change this Privacy Notice from time to time. This may be necessary, for
example, if the law changes, or if we change our business in a way that affects
personal data protection.
Any changes will be immediately posted on our Site and you will be deemed to
have accepted the terms of the Privacy Policy on your first use of our Site
following the alterations. We recommend that you check this page regularly to
keep up-to-date.
Cookies
To make this site work properly, we place small data files called cookies on your device. Most big websites do this too.
What are cookies?
A cookie is a small text file that a website saves on your computer or mobile device when you visit the site. It enables the website to remember your actions and preferences (such as login, language, font size and other display preferences) over a period of time, so you don't have to keep re-entering them whenever you browse from one page to another.
How do we use cookies?
Only PHPSESSID is required to make this site work. You can delete or block the other cookies without loosing any functionality.
The cookie-related information is not used to identify you personally and are not used for any purpose other than those described here.
Vendor | Cookies | Description |
---|---|---|
Netlife AS | PHPSESSID | The PHP session cookie is a general purpose identifier used to maintain user session variables. It is a random generated number and will be deleted when you end your visitor session. It does not contain any user identification information |
How to control cookies
You can control and/or delete cookies as you wish - for details, see aboutcookies.org. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work.