Terms & Conditions

'We, our, us or the Company' shall mean Midnight Tonic Productions Limited t/a Picture-pal, registered in England at 8 Mount Rise, Meadvale, Redhill, Surrey. RH1 6JY. Company number 5063520. Registered for VAT, Number 908 9843 76

Contact: 0845 257 5699 / Email: info@picture-pal.co.uk

'Our Clients' shall mean any venue, nightclub, bar, event or public place that our services have been conducted.

'Website' shall mean all website pages & photo galleries created and owned by us at the following address http://www.picture-pal.co.uk

The Terms of Use of our Website shall apply to all users and by using, downloading and accessing our Website; you hereby agree to be bound by our Terms and Conditions contained herein. If you do not agree to be bound by these Terms & Conditions, then please do not visit our Website.

Our Website displays images / photos, which may contain content of an adult nature, or mild nudity. We deem our Website suitable for all adults over the age of 18 years; however, regardless of age, you access this Website at your own risk. We accept no responsibility for any type of lose or damage as a result of accessing and downloading our Website.

We reserve the right to amend, remove, delete, modify, change or otherwise add to our Website at any time with or without notice.

All copyright and other rights (including, without limitation trademarks of our company) are solely owned by us. You agree not to use, copy, reproduce, store, alter, change, distort, amend or edit any content, text or images from our Website, without prior written consent from us.

You agree to use our Website for lawful purpose only, that does not infringe the rights or restrict the use of our Website by, any third party.

Online purchases of products are made using a secure server connection. All goods ordered, shall require all payment clearance confirmation from our third party payment system supplier. Please allow between 7 - 14 working days for the delivery of any such purchased goods. However we shall use our best endeavours to delivery all orders within 7 days of purchase.

We can not be held responsible for any delay in deliverers from the royal mail postal service or any other such postal service that we use now or in the future.

In the event that you are not satisfied with any goods purchased from our Website, you must contact us in writing by email to orders@picture-pal.co.uk , within seven days upon receipt of any such goods.

If you require a refund payment in canceling your order, you are required to post back to us your ordered goods in the same conditions as provided to you and upon receipt of any such returned goods (any returned goods postage cost is incurred and paid for by you the customer) a full refund of the original order amount shall be made within 3 working days.

The decision as to whether to accept any order from you is at our discretion and we are not bound to do so.

By entering any venue, bar, nightclub, event or public place in which we operate our services, you understand and agree that you had been approached prior to your picture being taken and given clear information that it is to be used and may, at our discretion, appear on our Website or any of our Clients websites.

Our service is not a subscription service. Each customer will receive a text message after requesting an image download from our Website; the text contains clear instructions on highlighting the website link for the authorised image download. You may receive information or offers from us, however if you do not wish to receive these offers you may opt-out by writing to us or replying to any marketing message that you may receive.

We will use our best endeavours to resolve any issues relating to the non-delivery of images to handsets.

You will need to register on our Website if you wish to process any order of goods. You will also require registration in order to receive offers or promotions of such goods, which we will send you at our sole discretion and at a time which we deem suitable. When registering with our Website, you will need to supply us with various information including, but not limited to your name, address, email address, date of birth and mobile phone number. We may from time to time contact you by email, SMS message, postal service, or other such means deemed suitable, to provide you with our services, however this is only if you have opted in for us to contact you.

Your email address will help us to verify your identity for future visits and be used as your registration log in user name. In the event that you register using a non-existent email address or an email address that belongs to someone else, we may terminate your account without prior notice. You will need to provide us with a password by which you will be able to access your details, update your details and access our Website's additional features for our registered users.

There is no charge for registering on our Website and you are not obliged to purchase any goods if you so wish not to do so.

We shall have the right to immediately withdraw the use of our Website, should we determine in our own sole discretion that you have breaches our Terms and Conditions or otherwise engaged in conduct which is deemed by us as unacceptable.

When you use our Website you may be required to provide us with certain details including, personal data (as defined in the Data Protection Act 1998 (the "Act")) including without limitation your name and email address.

You agree that all content provided by you, including but not limited to words and photographs, can be displayed on our Website forever (and can be used by us in relation to the Website) and that even if you cease using our Website, you agree to us continuing to use such information, images and words.

We will use our reasonable endeavours to reply promptly to all correspondence. Such reply may be by email or by post.

Our privacy policy together with our terms of use sets out how we will use any personal data we collect from you, or you provide to us during your use of our Website.

For the purpose of the Data Protection Act 1998 (the Act), the data controller is Midnight Tonic Productions Limited t/a picture-pal registered at 8 Mount Rise, Meadvale, Redhill, Surrey. RH1 6JY. We may from time to time use data processors, which are not employees, agents or otherwise connected with us, with whom we have an agreement to process your data ("Data Processors").

We respect the privacy of every individual who visits our Website. Our policy on the collection and use of personal information is outlined below.

We collect and use personal information in order to:

• Provide to you services as described in our terms of use detailed above;
• Resolve any problems with our services or the processing of any orders;
• To carry out any market research and the tracking of our sales;
• To inform you of our products and services, which are provided, either by us or by carefully selected third parties that you may be interested in, where you have consented to be contacted for such purposes and allow Data Processors to do the same.

In order carry out the above, we need to collect and process personal information about you (including but not limited to, your name, address, telephone number, email address, details of your visits to the Website and any transactional information in relation to order fulfillment). We may ask you for this information on the Website during the registration process or at any subsequent point. The data we collect may be provided to Data Processors for analysis so that we may tailor the goods, services and marketing materials we and other third parties offer to you (where you have consented to receive the same).

In order to take advantage of some of our services, you may need to supply us with the personal details of a third party (for example, their name and address if you wish to send them some prints). We will not use this information for anything other than providing the service for which the information was supplied.

We will not disclose any personally identifiable information without your permission unless:

• We are legally entitled to do so (for example, pursuant to a court order or for the purposes of prevention of crime or fraud). You will be treated as having given your permission for disclosures referred to in this policy;
• We are in negotiations with a third party for the sale or purchase of any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
• If we, or substantially all of our assets, are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets; and to enforce or apply our terms of use and other agreements; or to protect our rights, property, safety, customers, or others.

If you do not wish to receive mailings from us and/or from our partners, please access your profile in the "My Details" once logged in from the homepage on our Website and ensure that the box for promotional mailings is turned off.

We may automatically collect non-personal information about you, such as the type of browsers you use or the Website from which you linked to us. This information is only used to assist us in providing an effective service on the Website. We may, from time to time, supply the owners and operators of third party websites which have a link to our site with information about the number of users linking to the Website from their website. You cannot be identified from any of this information.

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report information to our branded partners.

We may store some information on your computer when you visit the Website. This information facilitates your use of our Website, and ensures that you do not need to re-enter your details on each visit. The information may be stored in a cookie which is required for the shopping basket and other e-commerce facilities to function. You can set your browser to notify you when you receive a cookie, which allows you to choose whether or not to accept it, however switching off cookies may result in our Website having dramatically reduced functionality including but not limited to being able to shop on the site.

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data or by going to the 'My preferences' area of the 'My Details' section of our Home Page, once you are logged in on our Website. You can also exercise the right at any time by contacting us.

Our terms (and the provision of goods and services by us) are governed by and to be interpreted in accordance with English law. In the event of any dispute arising in relation of these terms or in relation to the provision of any goods and services by us the English courts will have exclusive jurisdiction over such dispute.