Terms & Conditions for the use of the MaxBox Football Photos Service.

The MaxBox Football Photos service can be accessed from selected MaxBox kiosks.

The MaxBox Football Photo Service is a secure order fulfillment service designed for the consumer to place print orders for home delivery of football related images using the kiosk’s print service or instantly print the photographs from a MaxBox (“kiosk” or “MaxBox”).

This kiosk service is provided, operated and monitored by MaxBox Digital Retail Ltd. The football images are supplied by Pineapple Aroundshot, who are fully licensed to supply such images by the participating football clubs ("MAX BOX Football Photos", “MaxBox Digital Retail Ltd”, "we" or "us"). It provides access to a number of services including the ability to order prints of digital images as well as instantly printed digital images as photographs from MaxBox Football Photo enabled MaxBox kiosks. All prints supplied will be through independent participating laboratories or retailers and produced using MaxBox Football Photo materials.

There are no age restrictions to print instant digital images from a MaxBox kiosk. By using these services you agree to comply in full with, and be bound by these Terms and Conditions and any modifications that may be notified to you from time to time.

Use of the Services

The MaxBox Football Photo Service may only be used in accordance with the instructions provided and for the purposes specified. Any other use is strictly prohibited. You warrant that you will not use the The MaxBox Football Photo Service to infringe the rights of any third party and you will fully comply with all relevant Laws, Regulations and industry practices.

Copyright and Intellectual Property

The Football Clubs and /or their designated photographers are the absolute owners of all rights in all images supplied. All club crests are the sole intellectual property of the respective club and the use of these crests in the production of the photographs are the rights of the license holder, namely Pineapple Aroundshot, who have consented the use of these to Felix for the duration of the term agreed between the two parties. Under no circumstances should these images and crests be scanned, copied or resold.

All intellectual property rights including brand, product and service names, titles and copyrights used are the trademarks, trade names, service marks, copyrights or other intellectual property of their respective holders and may not be used without the owners' consent. MaxBox Digital Retail Ltd reserves all rights not expressly granted including without limitation any intellectual property rights it may have in or relating to the Kiosk Print software.

Acceptance and delivery of orders

Acceptance of orders shall be at our sole discretion. All credit and debit card orders are subject to validation checks and authorisation by the card issuer. Payment will be debited from your account once your order is completed.
When your order has been accepted you will see a confirmation page and users will receive a voucher. These will act as your receipt.

We will endeavour, but are under no obligation, to deliver your order within 14 days. We accept no liability for loss or damage suffered due to delivery after the time stated or as a result of non-delivery whether this loss is caused by us or by a third party.

We will arrange for delivery to the address you notify to us when you place your order. We retain the right to change the Laboratories and / or Retailers participating in this Service at our discretion and without notice. We accept no responsibility for the delivery or for the accuracy of the delivery address you notify to us when you place your order. We reserve the right to dispose of incorrectly addressed envelopes and their contents if they are returned and shall incur no liability to you or any other person.

We will take all reasonable care to keep the details of your order and credit card information secure. However, we will not be liable for any losses you may suffer as a result of unauthorised access by a third party to the information you provide.

Price information

All prices displayed onscreen are correct at the time when they are posted on the system. Prices displayed onscreen will prevail at all times in relation to orders placed through the system.


Limitation of Liability

Whilst MaxBox Digital Retail Ltd shall use its reasonable endeavours to ensure that the service is available and operational for the majority of the time MaxBox Digital Retail Ltd does not warrant that the service will be available at all times and error-free or that all errors will be corrected.

To the extent possible at Law the MaxBox Football Photo Service shall have no liability for any direct, indirect or consequential losses or expenses suffered by you, howsoever caused. EXCEPT AS SPECIFICALLY SET OUT IN THESE TERMS AND CONDITIONS, ANY TERM, REPRESENTATION, CONDITION OR WARRANTY INCLUDING WITHOUT LIMITATION IN RESPECT OF THE QUALITY OR FITNESS FOR PURPOSE, HOWSOEVER IMPLIED, IS HEREBY EXPRESSLY EXCLUDED TO THE EXTENT PERMITTED BY LAW.

MaxBox Digital Retail Ltd accepts no responsibility or liability for the deletion or failure to store any material, messages or communications.

We have taken every care in the preparation of the content of this system. To the extent permitted by applicable law, we disclaim all express and implied warranties including without limitation as to the accuracy of the information contained in all materials and we shall not be liable to any person for any loss or damage which may arise from its use.

Under no circumstances will we be liable in any way for any images, words or other material displayed within the services, including, but not limited to, any errors or omissions or any loss or damage of any kind incurred as a result of the use of any images, words or other material uploaded, e-mailed or otherwise transmitted via the services.

We may modify or discontinue, temporarily or permanently, any part of the services, with or without notice to you, and you confirm that we shall not be liable to you or to any third party for any modification to, or discontinuance of, any part of the services.

Any liability we may have to you shall in any event be limited to the reprinting of the images or at our discretion a refund of any charges paid.

Unless otherwise specified, the images, words and other material on this system is directed solely at those who access this system from the United Kingdom. MaxBox Digital Retail Ltd makes no representation that any product referred to in the materials on this system is appropriate for use or is available in other locations. Those who choose to access this system from other locations are responsible for compliance with all relevant Laws, Regulations and industry practices including without limitation all local Laws, Regulations and industry practices.

These Terms and Conditions do not and shall not affect your statutory rights as a consumer.

Indemnity

You agree to fully indemnify MaxBox Digital Retail Ltd and their associated companies, officers, agents, licensees, business associates and other partners and employees and the selected Laboratory from any claim, demand, cost and expense - including legal fees - due to or arising out of your use of the MaxBox Football Photo Service including without limitation content you submit, post to or transmit through the MaxBox Football Photo Service and/or arising out of any breach of these Terms and Conditions and/or your infringement of any rights of any third party.

Data Protection

The selected Laboratory, Retailer and MaxBox Digital Retail Ltd will hold and process your personal data and whatever other information you choose to supply in order to provide the services to you. If MaxBox Digital Retail Ltd acquire or develop other businesses, products or services the data may be used by those other businesses, for those other products and services in a similar way. The personal details you provide are stored on our secure server not in a cookie. By providing your personal data you are consenting to its use for all these purposes.

Termination of membership

Without prejudice to the MaxBox Digital Retail Ltd’s other rights and remedies the rights to use the Max Box print service will terminate immediately without notice if you fail to comply in full with any of these Terms and Conditions. Termination shall be without prejudice to any of our rights which have accrued prior to termination.

General

The express terms of these Terms and Conditions represents the entire agreement between MaxBox Digital Retail Ltd and you relating to its subject matter and in particular, without limitation, contain all the obligations on the part of MaxBox Digital Retail Ltd in relation to the software and rights granted.

No other provisions (whether statutory or in contract or tort or any other kind) are implied or otherwise deemed incorporated into or collateral to these Terms and Conditions notwithstanding the execution by MaxBox Digital Retail Ltd prior to the date of these Terms and Conditions of any document purporting to incorporate inconsistent terms.

You acknowledge that any warranties or representations (whether innocent, negligent or otherwise) which might have been made to you before agreeing to make these Terms and Conditions by or on behalf of MaxBox Digital Retail Ltd in relation to the subject matter of these Terms and Conditions save to the extent expressly set out herein have been superseded and shall be deemed annulled and were not relied on by you and did not induce you to enter into these Terms and Conditions.

It is the intention of the parties that no term of this Agreement may be enforced by any third party notwithstanding that any such term of this Agreement may purport to confer, or may be construed as conferring, any benefit on such third party and irrespective of whether such third party is identified in this Agreement. The Contracts (Rights of Third Parties) Act 1999 shall not apply to any provisions of this Agreement.

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and subject to the jurisdiction of the courts of England and shall benefit MaxBox Digital Retail Ltd , its successors and assigns.

In the event that there is a conflict between any of these Terms and Conditions and any relevant laws and/or regulations the relevant laws and/or regulations shall apply save to the extent that they may be validly varied.

Queries

Any queries or comments about the MaxBox Football Photo Service should be directed to MaxBox Digital Retail Ltd via e-mail to info@themaxbox.com or as a call to customer services on 0800 024 1155.

Copyright © 2008 MaxBox Digital Retail Ltd. All rights reserved.
Dated 14-January-2008