GENERAL TERMS AND CONDITIONS.

1. Agreement and liability
These Terms and Conditions comprise a binding contract between you as an authorised user of the Bonusprint Online service and Bonusprint Limited of Stirling Way, Borehamwood, Herts, WD6 2AZ ("Bonusprint") for your use of the Bonusprint Online service and the purchase of photographic prints, greetings cards and photo gifts uploaded via the Internet or sent to us on a CD. By using the Bonusprint Online service or submitting an order, you agree to be bound by these Terms and Conditions. The offer and description of this service by Bonusprint does not of itself represent an agreement to accept an order in accordance with these Terms and Conditions. You acknowledge and agree that Bonusprint may modify, alter or otherwise amend these Terms and Conditions without notice to you and without your prior consent. Your continuing use of the Bonusprint Online service and/or placement of any order constitutes your express acceptance to these Terms and Conditions or any modification, alteration or amendment to such Terms and Conditions.

BONUSPRINT'S LIABILITY TO YOU IN RESPECT OF YOUR ORDER (INCLUDING IN RESPECT OF DELAYED, CORRUPTED, DAMAGED AND LOST ORDERS) IS LIMITED TO THE VALUE OF THE ORDER PLUS THE VALUE OF A REPLACEMENT FILM (OR PLUS 25% OF THE ORDER VALUE FOR DIGITAL IMAGES). IF THE IMAGES YOU SUBMIT ARE OF VALUE, OR YOU ARE USING THE SERVICE FOR BUSINESS PURPOSES, SUCH THAT, IN THE EVENT YOUR IMAGES WERE DAMAGED, DESTROYED OR LOST, YOUR LOSS WOULD EXCEED THAT AMOUNT, YOU SHOULD CONTACT US BEFORE YOU PLACE YOUR ORDER IN ORDER TO DISCUSS TAKING OUT APPROPRIATE INSURANCE (WHICH WILL BE YOUR RESPONSIBILITY). YOUR STATUTORY RIGHTS ARE NOT AFFECTED. YOU AGREE THAT YOUR CONTRACT IS WITH BONUSPRINT AND THAT, ACCORDINGLY, BONUSPRINT’S RESPECTIVE DISTRIBUTION AND BUSINESS PARTNERS SHALL HAVE NO LIABILITY TO YOU WHATSOEVER WITH RESPECT TO YOUR ORDER, USE OF BONUSPRINT’S SERVICE OR OTHERWISE.

WE RECOMMEND THAT BEFORE SUBMITTING DIGITAL IMAGES TO US YOU RETAIN A COPY FOR YOURSELF TO USE IN THE UNLIKELY EVENT OF YOUR IMAGES BEING LOST OR CORRUPTED.

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2. Delivery of prints
All prints will be delivered to the delivery address supplied by you during the registration process. Your order will be accepted upon Bonusprint notifying you by e-mail that your order has been accepted and that Bonusprint has agreed to supply the ordered prints, greetings cards and photo gifts to you.

Time for delivery is an estimate only and it is not a condition of these Terms and Conditions.

Orders may be refused without explanation and entirely at the discretion of Bonusprint.

3. Price/specification
Postage and packaging where appropriate will be listed separately. Bonusprint shall not be liable for any other taxes or duties that may be imposed upon you and for which you will remain fully responsible.

Prices and specifications are subject to change without notice in any circumstances other than where an order has been accepted by Bonusprint.

The purchase price is payable in advance by credit/debit card. We reserve the right to refer to your credit/debit card provider and any other credit reference agency or bank.

4. Returns and cancellations
When placing orders for goods and services on the Internet or by mail order you would generally have the right to cancel your order, free of charge, by giving notice within 7 days of the order. However, this does not apply where the service ordered is commenced immediately. You hereby consent to the Bonusprint service commencing immediately and as such you will not have a right to cancel your order. However, in the event that you are unhappy with any aspect of our online print service, you will be entitled to send the prints back to Bonusprint within 28 days of receipt whereupon Bonusprint will provide a full refund of the purchase price. Due to the personalised nature of photo gifts and greetings cards, we are unable to offer refunds on these items, save where we are required to do so by law. Your statutory rights, and section 1 above, are not affected by this section 4. If you have any questions please contact Digital Enquiries, Bonusprint, Stirling Way, Borehamwood, Herts, WD6 2AZ, or email care pixhelp@bonusprint.com.

Your statutory rights are not affected by this clause 4.

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5. Security
Bonusprint will use all reasonable endeavours to prevent any breaches of security including credit/debit card details provided by you and further to use all reasonable endeavours to ensure that any Bonusprint supplier/sub-contractor or agent exercises the same standard of care similarly to prevent breaches of confidence.

You are solely responsible for the security and use of any user names and passwords needed to access the service or any part of it.

6. Availability
Bonusprint reserves the right without notice to suspend or alter the operation of its services at its sole discretion and without reason. In such circumstances notice will be provided wherever possible.

7. Age
You warrant and undertake that you are at least 18 years of age and the authorised owner of the credit/debit card details which you supply to Bonusprint.

8. Illegal use
You warrant that you will not use the service for any fraudulent or illegal purpose and that you will not submit any image that:

(a) is unlawful, pornographic, indecent, defamatory, offensive, obscene, otherwise objectionable or harmful to (or which depicts harming) children in any way, or



(b) would constitute, assist or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; or



(c) infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party,

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9. Right to decline
Bonusprint reserves the right to decline to print or return any image.

10. Intellectual property rights
You warrant that you are the owner of the copyright in any material that you send to us for reproduction.

Where you purchase 3rd party images and materials on the website you will not have any ownership rights in those images and you may not reproduce or copy these in any way.

11. Liability
Without prejudice to clause 1 (general liability statement) or clause 4 (returns) above, Bonusprint's and its respective distribution and business partners’ liability to you shall be limited to the sum of $50 for any one incident or series of related incidents and up to a total of $150 for all incidents in any period of twelve months.

Without prejudice to clause 1 (general liability statement) or clause 4 (returns) above, neither Bonusprint nor its respective distribution and business partners shall be liable for any economic loss, profits or anticipated savings, any loss of goodwill and reputation or any loss of data or any consequential loss as a result of breach of contract and/or negligence.

Your statutory rights are not affected by this clause 11.

12. General provisions
Nothing in these Terms and Conditions shall confer on any third party (other than, in respect of Sections 1, 8 and 10 only, Bonusprint’s respective distribution and business partners) any benefit or right to enforce any term of this Agreement. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these purchase terms.

These Terms and Conditions form the entire agreement between you and Bonusprint with respect to your use of the Bonusprint service and/or your order from Bonusprint and supersede any oral or written communication agreements or other representations. Bonusprint reserves the right to add or change these Terms and Conditions at its sole discretion at any time without prior notice (but this will not affect accepted orders which remain uncompleted at the time).

These Terms and Conditions are governed by the laws of England and are subject to the jurisdiction of the English Courts.

You should ensure you have read and fully understand these terms and conditions before submitting your order. If you have any questions please contact [postal address and email address].

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End user license agreement for silverwire software

Welcome! It is important that you carefully read these terms before installing the Silverwire software. These terms when accepted by you form a license agreement ("License") between Bonusprint Limited ("Bonusprint") and you ("You," "Your" or "User") for the use of the Silverwire software, including any and all versions or variations of that software, and any future fixes, updates and upgrades provided to you (collectively, the "Software"). In downloading or using the Software you are agreeing to be bound by this License. In order to use the Software, you must first read and accept the terms of this License.

Your use of the Bonusprint digital printing service provided by Bonusprint is subject to the terms and conditions, and related disclaimers, applying to that service as displayed above. In downloading or using the Software you are agreeing to be bound by those terms and conditions and related disclaimers.

1. Ownership and license

1.1 The Software, and all intellectual property rights in it, is owned by Silverwire SA, a company with its registered office in Geneva ("Silverwire"), and this License does not transfer any intellectual property rights to you. Silverwire has licensed the Software to Bonusprint and allowed Bonusprint to sublicense it to end users. Silverwire is an independent third party and is not an agent or partner of Bonusprint. The Software is protected by copyright laws and international treaties.

1.2 Subject to all the terms of this License, Bonusprint grants you a limited, non-exclusive, personal, non-sublicensable, non-assignable license to install and use the Software on a computer for the sole purpose of transmitting digital images for printing by Bonusprint or its agents.

1.3 You may not to use the Software:

(a) to transmit or communicate any data, or to process a photo order or print (or do anything with) any photographic image from any digital image that:



(i) is unlawful, pornographic, indecent, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or otherwise violates Bonusprint’s written photo processing policies;



(ii) is harmful to, or depicts harming children in any way



(iii) would constitute, assist or encourage a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;



(iv) infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; or



(b) to transmit or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

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1.4 You hereby confirm that you are authorized to transmit and have printed the images transmitted using the Software and you shall indemnify Bonusprint, Silverwire and their respective distribution and business partners against any third party claims arising out of or connected with any breach of any part of this license by you.

1.5 You may not reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sublicense, make copies of, create derivative works from, distribute or provide others with the Software in whole or part, or transmit or communicate the application over a network save to the extent this License and/or applicable law expressly permits you to

1.6 You may not sell, transfer or communicate the Software to any third party.

1.7 It is your responsibility to ensure that you obtain all consents, authorizations and clearances in any data owned or controlled by third parties that you transmit, access or communicate to others using the Software

2. Liability

2.1 Your use of the Bonusprint digital printing service is subject to the terms and conditions, and related disclaimers, applying to that service as displayed above. In downloading or using the Software you are agreeing to be bound by those terms and conditions and related disclaimers.

2.2 Neither Bonusprint's nor Silverwire's liability for death or personal injury caused by their negligence or the negligence of their employees or agents, under part 1 of the Consumer Protection Act 1987, for breach of any condition as to title or quiet enjoyment implied by section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982, or for fraudulent misrepresentation, is excluded or limited, even if any other term of this agreement would otherwise suggest that this might be the case.

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2.3 Silverwire will make reasonable effort to ensure that your digital images are transmitted through the Software to Bonusprint and that you receive a warning signal when you intend to transmit images of either poor quality or presenting other problems or make a mistake. However, Silverwire cannot guarantee in any way the performance of your order and shall not be liable for your final pictures' outcome.

2.4 The Software is provided "as is". Neither Bonusprint, Silverwire, nor their respective distribution and business partners, warrant that the Software will meet all of your requirements or that its operation will be uninterrupted or error-free.

2.5 Neither Bonusprint, Silverwire, nor their respective distribution and business partners, can warrant the access to and the uninterrupted and/or error-free functioning of the Internet or the Bonusprint service.

2.6 Neither Bonusprint, Silverwire, nor their respective distribution and business partners, shall be liable (whether or breach of contract, negligence or for any other reason) for any loss of profits, loss of sales; loss of revenue; loss of any software or data; loss of use of hardware, software or data; indirect loss consequential; or special loss, suffered by you or any other person as a result of use of the Software.

2.7 Subject to clause 2.6, the total liability of each of Bonusprint and Silverwire under this License and in relation to it (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited as set out in the general terms above.

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3. Termination

3.1 It is your responsibility to comply with the terms of this License and to obey all applicable laws. Your rights under this license will terminate immediately and without prior notice if you breach any term of this License, including violating any applicable laws or rights of any third party including the intellectual property rights of any such third party. You may be subject to legal action if you continue to use the Software in violation of this License

3.2 On termination of the License for any reason, you must immediately stop using the Software and delete all copies of the Software on your computer or which are otherwise in your possession or under your control in such a way that they may not continue to be used.

3.3 Termination of this agreement will not affect any accrued rights or liabilities which Bonusprint may have by the time termination takes effect.

4. Miscellaneous

4.1 This License as well as all disputes arising out of or in connection with this License shall be governed by English law and the parties submit to the non-exclusive jurisdiction of the English courts. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding on-line conduct and acceptable data. Specifically, you agree to comply with all applicable laws regarding copyright and the transmission of technical data exported from the country in which you reside.

4.2 This License constitutes the entire understanding of you and Bonusprint with respect to the Software. There are no understandings, agreements, conditions or representations, oral or written, express or implied, regarding the Software which are not expressed in this License.

4.3 The failure or delay of Bonusprint to exercise or enforce any rights or provision of the license does not constitute a waiver of such right or provision.

4.4 All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of this License, including without limitation all of your restrictions on use of software, representations, warranties and indemnification obligations. Should any part of this License be held invalid by any court or tribunal, such invalidity shall not affect the validity of any remaining part, which will remain in full force and effect as if this License had been executed without that part having been held to be invalid.