Terms and Conditions (Compiled 1st September 2010)
This website is operated by Smiley Hippo (Smiley Hippo, us, or we): registered office 2MPrint ltd, 1 Hellesdon Park Road, Hellesdon Park Industrial Estate, Norwich, Norfolk, NR6 5DR. The registered company number is 6404884 and the VAT number is 925 899 366. Registered in the UK.
By using this software, you, the user (the user, or you, or your) are subject to the terms and conditions imposed by Smiley Hippo upon this software, as set out below, and which includes all the website’s hyper-linked sections.
Before using this website, please familiarise yourself with these Terms and Conditions and print a copy for your future reference.
1.1 Your continued use of the website signifies your acceptance of the Terms and Conditions in force at the time of use. It is the user’s responsibility to check any change in the terms and conditions, as we reserve the right to alter them at any time. When this happens, the date of their compilation will be updated (see top left).
2.0 Purchasing From the Software/Website
2.1 The purchase process is explained on each page and in the link getting started.
2.2 An order is not an order until you have received an acceptance confirmation from us.
3.1 WorldPay, part of the Bank of Scotland, handles the Credit Card payment process for us, once your order has been processed on the website. This includes checking your details and clearing your payment.
3.2 Once the order and payment have been passed onto WorldPay, and you should direct your enquires to WorldPay if you have any payment queries (details on the WorldPay pages on our website).
3.3 You will be charged the price of the item on the website at the time of your order.
3.4 VAT is included within the price and it also includes delivery.
4.1 Delivery is as per our stated timescales per product. We will endeavour to meet all our stated timescales but we accept no liability for any delivery or failure to deliver with there agreed timescales. All timescales started are working days from receipt of complete and useable files.
4.2 Once the product is delivered to the users’ postal address, the risk of loss and damage is passed to the user.
5.0 Intellectual Property Rights of Our Products
5.1 By the use of this site, you acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us.
5.2 You acknowledge and agree that the material and content contained within this website is made available for your personal and non-commercial use only, and that you may only download such material and content for the purpose of using this website, and make no further use it whatsoever outside of this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
6.0 Liability and Indemnity
6.1 We will use reasonable endeavours to verify the accuracy of any information on the site, but we make no representation, or warranty of any kind express, or implied statutory or otherwise regarding the contents, or availability of the site, or that it will be timely or error-free, that defects will be corrected, or that the site, or the servers that makes it available are free of viruses, or bugs, or represents the full functionality, accuracy, reliability of the website; we will not be responsible, or liable to you for any loss of content or material uploaded, or transmitted through the website and we accept no liability of any kind for any loss or damage from action taken, or taken in reliance on material or information contained on the website.
6.2 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any: economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
6.3 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
7.0 Other Provisions
7.1 The contract between you and us shall be governed by the laws of England and any dispute between you and us will be resolved exclusively in the courts of England.
7.2 We shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
7.3 We may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (1) the privacy practices of such websites, (2) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (3) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
8.4 You may not assign, or sub-contract any of your rights, or obligations under these terms and conditions, or any related order for products to any third party unless agreed upon in writing by us.
8.5 We reserve the right to transfer, assign, novate, or sub-contract the benefit of the whole, or part of any of its rights, or obligations under these terms and conditions, or any related contract to any third party.
8.6 If any part of these terms and conditions is held by any competent authority to be invalid, or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
8.7 These terms and conditions, including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and us relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and us for your use of this website.
9.0 Use of Your Personal Information/Security
9.1 It is important for you to know that we may use some of the personal information provided by you during the use of this website and by using this site you agree to this use unless you have chosen otherwise using the facilities provided on the order pages.
9.2 Your contact details will be stored in our computer database and this, together with other information provided by you (and this information may be supplemented by information we receive from third parties), may be used by us to (unless you have chosen otherwise using the facilities on the order pages):
(1) 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 through our marketing programme. We may use your information to make decisions about you using computerised technology, for example automatically selecting products or services which we think will interest you from the information we have. We may keep you informed of such products and services (including special offers, discounts, offers, competitions and so on by any of the following methods, including e-mail; telephone; SMS text message and post; and
(2) arrange and monitor any competitions we might offer on the website.
9.3 In order to protect you and our other customers, and us, from fraud and theft, we may pass on information that we obtain from making identity checks and other information in our customer records, including how you conduct your account, to other companies, other retailers and to financial and other organisations (including law enforcement agencies) involved in fraud prevention and detection, to use in the same way.
9.4 As regards the Disclosure of Your Information, unless you have chosen otherwise using the facilities on the order pages, we may give information about you to the following, who may use it for the same purposes as set out above:
(1) to other companies in our Group;
(2) to employees and agents of our Group to administer any accounts, products and services provided to you by our Group now or in the future;
(3) agents who (on our behalf) profile your data so that we may tailor the goods/services we offer to your specific needs;
(4) to other organisations for the administration of prize draws or competitions.
(5) to anyone to whom we transfer or may transfer our rights and duties under our agreement with you.
9.6 We may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous.
9.7 As regards Security, we take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose on-line. You accept the inherent security risks of providing information and dealing on-line over the Internet and will not hold us responsible for any breach of security unless this is due to our negligence or wilful default.
9.8 You have the right to see personal data (as defined in the Data Protection Act) that we keep about you, upon receipt of a written request and payment of a fee. If you are concerned that any of the information we hold on you is incorrect please contact us. Please note that our site may link to other web sites which may be accessed through our site. We are not responsible for the data policies or procedures or the content of these linked web sites.
9.9 If you have previously chosen to be on our mailing list, and would now like to be removed, please contact us and we will remove within a reasonable time period, your details from our mailing list.
10.0 Files submitted will be retained for a period of 30 days. After this time we cannot guarantee that these files will be accessible. Images stored via the online creator are also only retained for a maximum of three months.
10.1 Before an order has been placed it is the responsibility of the customer to ensure that their project is correct, once an order has been placed we can not change or modify its contents. no refunds will be give for incorrect orders placed by the customer