KS Ball Photos - Terms and Conditions for Web Users and Customers
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "The Client", “You” and “Your” refers to you, the person accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company, KS Ball Photos, which is a trading name of AV Xpert Limited, a company registered in England and Wales, with company number 8967195, registered office: Unit 2, Kingfisher Court, Hinchingbrooke Business Park, Huntingdon, Cambridgeshire, PE29 6AA. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Privacy Statement
We are committed to protecting your privacy. Only authorised employees within the company may use any information collected from individual customers on a need-to-know basis. We constantly review our systems and data to ensure the best possible service to our customers. We do not store customer credit/ debit card details.
The photographs taken by AV Xpert have been taken under a strictly private and confidential agreement between AV Xpert and Kimbolton School. Hence, all image files containing recognisable faces/ persons are password protected. The password must not be given to anyone who has not been authorised to view these images.
Image License
When using this site whether it be to download images or to purchase prints, all photographs are provided by us to the client under the following license agreement:
All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of the Company. This license provides the Client with the limited right to reproduce and view the images for personal use only. Images used for any purpose not directly related outside of those terms must be with the express permission of the Company and may include the payment of additional fees, unless otherwise agreed to in writing. Images may contain copyright management information (CMI) at the discretion of the Artist in the form of either 1) a copyright notice © and/or 2) other copyright and ownership information embedded in the metadata or elsewhere unless otherwise agreed to by the Parties. Removing and/or altering such information is prohibited and constitutes a violation of the Digital Millennium Copyright Act (DMCA) and Client will be responsible to the Company for any penalties and awards available under that statute.
Images downloaded or purchased in the form of prints must not be redistributed to any third parties, sold to any third parties or used for promotion or financial gain.
Confidentiality
Client records are regarded as confidential and therefore will not be divulged to any third party, unless we are legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records that we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products, or for the purpose of offering information about similar such future services. The client shall have the right to choose to opt out of marketing communications by following the link to opt out on any marketing email.
Exclusions and Limitations
The information provided on our websites and any other materials supplied by us is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
- excludes all representations and warranties relating to the company’s websites and their contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in these websites and/or the Company’s literature; and
- excludes all liability for damages arising out of or in connection with your use of our websites. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Delivery Policy
Orders made through our online store will be processed within 3 working days of receipt of payment, and will then be shipped via 48 hour postal service to the shipping address provided by the client. Shipping rates will be charged once per order.
Online Orders
When ordering mounted prints online, the client acknowledges that the mount-colour preferences are correct, and that the photo that has been selected is indeed the photograph that the client wishes to receive in the form of a mounted print.
The customer also acknowledges that the details provided for checkout are correct.
Payment
PayPal and Credit/ Debit Card Payment over the Phone are the only two accepted methods of payment. Accepted cards for telephone payments are limited to: Visa, Maestro, JCB, MasterCard, and payment is taken via WorldPay. Payment must be made within 72 hours of the client placing an order. All goods for sale remain the property of AV Xpert until paid for in full. Your order will not be processed until it has been paid for in full. If payment is not received within 72 hours, your order may be cancelled.
Cancellation & Returns Policy
Due to the personalised nature of the products offered on our site, we are unable to accept cancellations or returns, and we will not provide refunds for products that are no longer desired. Once your order has been processed it becomes final.
In the unlikely event that AV Xpert Limited are unable to fulfil your order due to unforeseen circumstances, such as but not limited to; accident, death or sudden illness, AV Xpert Limited will provide you with a full refund. No compensation may be sought by the client.
Log Files
We use IP addresses to analyse trends, administer our websites, track user’s movement, and gather broad demographic information for aggregate use. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Cookies
Like most interactive web sites this Company’s websites [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our sites to enable the functionality of these areas and ease of use for those people visiting. Some of our affiliate partners may also use cookies.
Links from our websites
We do not monitor or review the content of other party’s websites which are linked to from our websites. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage users of our websites to be aware when they leave our sites & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to our sites or accessed through our sites yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright Notice
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of our websites.
This Company’s logo is a trademark of this Company in the United Kingdom and other countries. The brand names and specific services of this Company featured on our websites are trade marked and subject to copyright.
Communication
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our websites or via Company literature or via the Company’s stated telephone or mobile telephone numbers.
Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
General
The laws of England and Wales govern these terms and conditions. By accessing our websites, booking our services or buying or reserving our products for hire, you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of our websites will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our sites. If there are any changes in how we use our sites’ customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our websites 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.
These terms and conditions form part of the Agreement between the Client and us. Your accessing of our websites and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
A password protected photo download service by AV Xpert Limited.