Terms & Conditions.

Terms of use

These Terms & Conditions apply to all users of the Smatched.com website ("the Site") and by using the Site, you agree to be bound by them. If you do not agree to be bound by these Terms, please stop using the Site immediately. You are also asked to expressly agree to these Terms at various parts of the website including, for example, on registration.

"We, our and us" refers to Instant Photo UK ltd, a company registered in England with number 6783483.

We may from time to time change these Terms and such changes will apply to you if you continue to use the Site following such changes. You must therefore check these Terms from time to time to ensure you are happy to continue to be bound by them.

Purchasing goods or services

All orders and purchases made through the Site are made subject to these Terms and they are also subject to any further terms relevant to specific goods or services ("Further Terms"). Such Further Terms will be communicated at the time such orders or purchases are made or at any other time we deem appropriate.

If you purchase any goods or services from any third party such purchase shall be subject to the terms and conditions of the appropriate third party. If you purchase goods or services from us when we act as an agent for any third party, such purchase shall be subject to these Terms and the terms and conditions of the appropriate third party. In the event of any conflict between these Terms and the third party terms these Terms shall prevail.

Unless otherwise stated in Further Terms, the ordering process shall be as follows:

• We may acknowledge an order for goods or services but this shall not amount to an acceptance of your order by us;
• We will not accept your order and the contract for purchase of the relevant goods or services will not be complete until the goods are dispatched or the services supplied. Until that time, we are free to reject any order made by you.
• The Consumer Protection Distance Selling Regulations 2000 (“Regulations”) grants consumers, in certain circumstances, the right to cancel a contract entered into by them within certain time periods. We will honour this right where applicable but subject to the exceptions in the Regulations. Where you buy or order any goods or services through the Site that are supplied by a third party your right to cancel a contract shall be subject to such third party’s own terms and conditions.

Facilities

We determine what facilities are available on the Site and such facilities are provided on an "as is" basis. We may at our sole discretion add or remove facilities to or from the Site at any time on a temporary or permanent basis with no liability to you.

You are free to use the facilities made available from time to time but you must do so in accordance with these Terms and in accordance with any instructions provided online.

Use of this site

You shall comply with all applicable laws, regulations and codes of conduct that may apply to any of your activities in relation to the Site and to ensure that anything you do in relation to this Site does not infringe the rights of any other person or body.

All the content on the Site and any other material sent to you by us (“the Content”) belongs to us or our licensors. We grant to you a non commercial, non exclusive, non transferable, royalty free licence to use the Content for your own personal purpose on a single computer for lawful and non commercial use. Such licence will terminate immediately if you fail to comply with these Terms.

You agree that you shall not either solely or jointly or directly or indirectly:

• publish, distribute or transmit any of the Content, unless it has our express permission.
• create a database in electronic or structured manual form by downloading and storing all or any of the Content from this Site for any purpose whatsoever;
• copy or reproduce the Content or create derivative works from it or modify or in any way commercially exploit any of the Content.

You agree that in relation to this Site you will not either solely or jointly directly or indirectly:

• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• Publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, unlawful or objectionable material or information;
• Do anything which is in any way unlawful;
• Upload files that contain software or other material protected by intellectual property rights (or by rights of privacy of publicity) unless you own or control such rights or have received all necessary consents;
• Make available, distribute or upload any files that contain viruses, bugs, corrupted files, trojan horses, worms or any other software or programs that may in any way cause damage or harm;
• Delete any author attributions, legal notices, (including but not limited to copyright and trade mark notices) or proprietary designations or labels in any file that is uploaded;
• Falsify the origin or source of software or other material contained in a file that is uploaded;
• Unless expressly permitted, advertise or offer to sell any goods or services or conduct or forward surveys, contests, or chain letters;
• Impersonate another person or create a false or inaccurate profile or use a false name or a name you are unauthorised to use or create a false identity or email address or try to mislead others as to the identity or origin of any communications;
• Damage, interfere with or disrupt access to the Site or do anything which may interrupt or impair the Site’s functionality;

Information Policy

We are committed to safeguarding your data whilst ensuring you get the best out of our website. If you have any requests concerning your personal information or any queries with regard to these practices please contact us by e-mail on privacy.

This privacy policy applies to all “personal data” as defined in the UK’s Data Protection Act 1998. In this privacy policy, we also refer to personal data as “data”, “information” or “personal information”.

Unauthorized use

By your photo appearing on Smatched.com it is assumed that you have consented to a photo being taken and published on Smatched.com and all or any of its mediums or media groups and or partners without further consultation. If you would like any photo of yourself removed from the Smatched.com website from the UK pages please email us at info@Smatched.com with your name, reason, link to the page where the photo appears and a brief description of the photo so the right one is removed.

Comments

Do not leave comments that contain negative statements about outward appearances of the photographed persons - are sexist, or which discriminate against political or religious opinions - contain racist expressions - are disputable or pornographic - are threatening towards someone.

Upload of your own pictures

You may place online and on your member page, pictures, in which you are to be seen and those that you have the copyright to use. The following pictures are not permitted on Smatched.com: - Obscene pictures (genital organs and all kinds of pornographic material) - Illegal illustrations (violence and drug taking/ promotion) - Representations of political extreme groupings (example: Swastika)

Information collected by Smatched.com

Please note the submission of a correct date of birth on the site is a Term and Condition of using the site and is used to verify you are 18 or over.

Smatched.com may run competitions that require your name, email address and other specific personal information as part of the entry process. This information is submitted at your own risk and may fall under additional terms and conditions specified and agreed to at the point of competition entry.

Use of information

We collect personal information from you at different stages of your use of the website, in particular when you register with us. We collect this information in order that our services can be offered as effectively as is possible and so that we can fulfil our agreement with you.

We may use information that you provide:

• to enter your details into our database and to enable us to administer our services;
• for assessment and analysis (e.g. market, customer and product analysis) to enable us to review, develop and improve the services which we offer and to enable us to provide you and other customers with relevant information about our services;
• to enable communication between you and other users as provided for by the website;

we may keep you informed of such products and services that we think you may be interested in, using the following methods

• e-mail
• telephone
• SMS text message and other electronic messages such as picture messaging
• post
• other ways as communicated through the website

You will have the opportunity of preventing us from communicating with you in these ways during registration and thereafter;

part of our service is to communicate with you about various issues and news, as set out on the website. You can control what e-mails we send to you by unsubscribing from emails sent to you from us.

Information you submit as part of a competition entry may be transferred to a third party in its entirety including any personal information submitted. Users submit this information at their own risk and should consult the specific terms and conditions of each competition before submitting their entry.

Disclosures

To provide the features and functionality of the website and associated services your details may be hosted and stored by third parties providing services such as hosting and bulk email distribution. Such providers are contractually bound not to share the information in their possession as part of their service.

To comply with any legal requirements Smatched.com may be required to disclose user information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. Additionally, we may share account or other information when we believe it is necessary to comply with law, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through the Smatched.com or to prevent imminent bodily harm. This may include sharing information with other companies, lawyers, agents or government agencies.

If the ownership of the Smatched.com site changes as a result of purchase or acquisition all personal information associated with the website will be transferred in its entirety to the new legal owners. The use and application of the information would remain bound by this Privacy Policy

Security

Security of data on our equipment is provided by a combination of firewalls and password protection. However whilst we use all reasonable measures we cannot guarantee the security of your data that is stored by us and that you disclose to us as we do not have control of the internet and cannot prevent the misuse of computer equipment by hackers or any other disruptive third parties. You accept the inherent risks involved and you will not hold us responsible for any security breaches unless they are due to our wilful default or negligence.

Cookies

Cookies are strings of information which we may from time to time transfer to the browser on your computer’s hard disk to enable us to remember who you are when you return to the website. We may use cookies to enhance your enjoyment of our website and to improve our service to you. If you wish you can usually adjust your browser so that your computer does not accept cookies. If you do this you will still be able to access our website but this may limit some of the functionality available to you. How you adjust your web browser will depend on which internet browser programme your computer uses.

Cookies do not contain information such as your home address, telephone number or credit card details and we will not disclose the content of cookies to any third parties.

Your Information

If you would like to check or amend the information held by us about you please contact us by sending us a letter to our stated address enclosing a cheque for £10 to cover our costs. (Find our address on ‘contact’ page) We reserve the right to take reasonable steps to confirm your identity before making any disclosure of information held by us.

You are responsible

You should be aware that when you disclose personal information on any public bulletin board or chat areas of this or any other website used as a result of use of this website such personal information can be collected and used by anyone who views that website and may result in unsolicited messages from other participants or other parties. We are not responsible for any such messages. Furthermore we are not responsible for the privacy procedures of any website which you may use as a result of using this website either using a link provided by us or otherwise.

Change to Privacy Policy

We may change the privacy policy from time to time and the amended policy will be posted on the website immediately.

Transfer of Data

You agree that if we deem it necessary and in order to provide our services effectively we can transfer information outside the European Economic Area.