Terms & Conditions for website use

Introduction

Welcome to this Website owned and operated by Blue Planet Images Co Limited. We hope that you find it both enjoyable and useful.

It is a condition of use of this Website that you, as a user of this Website, confirm that you have fully read, understood and agree to be bound by all of these Terms and Conditions set out below. This applies to all users who access this Website for whatever reason.

These Terms and Conditions (together with the documents referred to below) constitute the Terms and Conditions on which you may make use of our Website and purchase goods from us. If you do not agree to any of these Terms and Conditions you must not use this Website and should leave it immediately. By continuing to use this Website you will be deemed to have agreed to accept and be bound by these Terms and Conditions.

We are sure that you are as concerned as we are to ensure that your on-line purchases over the internet are secure and that your personal data is protected and kept confidential. Please refer to our Privacy Policy and details about Security to learn more about the measures we employ for your and our protection.

In case you have any questions or concerns about these Terms and Conditions, the Privacy Policy or any other aspect of this Website and your dealings with us, do not hesitate to contact us at Our Trading Address (see below for full details).

THE PROVISIONS OF THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS WHEN DEALING WITH US AS A CONSUMER.

Information about Blue Planet Images Co. Limited

Contacting us:

Please address all communications to us at:

Our Trading Address:

Blue Planet Images Co Limited,
Buckland House,
39 Treffry Road,
Truro,
Cornwall,
TR1 1WL
U.K.

(Personal callers at this address by prior appointment only please)

Mail / Post:

For all postal communications with us, including your right to cancel your order under these Terms and Conditions and/or to complain, kindly address any correspondence to our Trading Address as stated above.

Telephone:

We welcome telephone callers to our Trading Office number during U.K. business hours: 0900 - 18.00 hours Monday to Friday. In case of urgent need you may contact us outside U.K. business hours on this same telephone number. In case we are unavailable to immediately answer your call, you will be asked to leave a message and will also be given an alternative mobile / cell telephone contact number. We are committed to promptly replying to all such messages. This is also our Customer Service Number including calls concerning complaints:

- Within the U.K.: 01872 222601

- International / from outside the U.K.: +44 1872 222601

e-mail:

contact@blueplanetimages.com

Telefax:

Discontinued - please use e-mail

Our Registered Office Address:

(The offices of our accountants: H.W. Fisher & Company)
Acre House,
11-15 William Road,
London,
NW1 3ER,
U.K.

Our Company Number:

Blue Planet Images Co Limited is a private limited company, incorporated in England and Wales under Company Number: 4035277 and whose registered office address is set out above.

Our V.A.T Registration Number:

GB 792 2700 25

Our Trade Marks

trademark_1trademark_2
Trademark 1Trademark 2

"Trademark 1" and "Trademark 2" as identified above are both duly ® Registered "European Community Trademarks" belonging exclusively to Blue Planet Images Co Limited. Certificates of Registration for both of these Community Trademarks in respect of "Trademark 1" and "Trademark 2" are: Nos. 002744795 and 002744720 respectively, both filed on 19th December 2003 and renewed on 18th May 2012 for a further 10 years effective through until 10th June 2022.

Terms and Conditions of Website Use

Definitions:

In these Terms and Conditions the following words and expressions shall have the following meaning:

"We", "us", "our" and "ourselves" all refer to Blue Planet Images Co. Limited.

"You", "your",, "yourself", "User" all refer to you as the visitor to, and hence a user of, this Blue Planet Images Website "Materials" refers to all of the contents of this Website, including but not limited, to all of the images, publications and other products displayed for sale on the Website.

"Terms and Conditions" means these terms and conditions of Website use.

"Website" means the website owned by us and accessed via the internet domain address: www.blueplanetimages.com

"Payment Service Providers" refers to Worldpay and Pay360 by Capita (formerly PayPoint) both of whose services we use for all on-line payments processing when you buy any goods from us through our Website or when you call us to make a credit or debit card payment for our goods over the telephone. For information about both of these companies and the services that they provide see: www.worldpay.com and www.paypoint.net

Accessing our Website

We permit you access to our Website on a temporary basis free of charge, but we reserve to ourselves the right to withdraw the Website in whole or in part from service at any time and/or to amend its contents and goods provided through the Website either temporarily or permanently without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at contact@blueplanetimages.com or by calling us.

You are responsible for making any and all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons accessing our Website through your internet connection are aware of, understand and fully agree to be bound by these Terms and Conditions and that they comply with them for which you remain ultimately responsible and liable.

Use of this Website

You agree that you shall not use the Website for any illegal or fraudulent purposes, and will respect all applicable laws and regulations and statutes. You agree not to use this Website in a way that may impair its performance, corrupt the content nor otherwise reduce the overall functionality of this Website, nor do anything that in any way risks doing any of these things. You also agree not to:

  • compromise the security of the website, nor attempt to do so; or
  • transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam), nor attempt to do so.

You agree to be fully responsible and liable for any and all claims, expenses, liabilities, losses and costs including legal fees that may necessarily be incurred by us arising from any such breach or attempted breach of these Terms and Conditions.

Intellectual property

We own or are the duly authorised licensee of all of the copyrights and all other intellectual property rights in this Website and the Materials all of which are protected by copyright laws and treaties around the world. All such rights are reserved.

It is illegal and strictly prohibited in law to copy, download, or to attempt to do so, any or all of the Materials by any means without our prior written consent.

You agree and undertake to us not to use, download, copy, modify, link to, reproduce, publish, display, distribute, transmit nor exploit the Website or the Materials in any way whatsoever except as specifically provided and permitted by these Terms and Conditions or as expressly agreed by us and confirmed in writing beforehand, nor create derivative works using the Website or Materials nor any part thereof nor to attempt to do any of these things in any way whatsoever and in any medium whatsoever.

Subject only to the express rights granted under these Terms and Conditions, the intellectual property rights in the Materials including, but not limited to, copyrights, patents, trade marks, design rights, applications for any of the foregoing, database rights, design rights, moral rights, trade and business names together with any other similar protective rights in any country worldwide are and shall remain vested solely and exclusively in their respective owners.

The Material is made available to you (for viewing purposes only), subject to these Terms and Conditions, for your personal use only and may not be used for any commercial purpose unless otherwise expressly and previously agreed and confirmed by us in writing.

If you print off, copy, take “screen shots” or download any part of our Website or the Materials in breach of these Terms and Conditions, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the Website and Materials you have made.

Security

For your and our security and protection, this Website uses what is currently regarded as the highest level of security protection for all commercial transactions over the internet, namely 128 bit Transport Layer Security (TLS) encryption.

To check that this Website with the domain name www.blueplanetimages.com is indeed owned and operated by Blue Planet Images Co Limited and that we and it have been checked and approved by thawte, our Website security systems provider, and that it is covered by a valid and current thawte SSL123 Certificate providing secure communications by encrypting all data transmitted to and from the Website, click on the thawte "Trusted Site Seal"™ link provided on the lower left side of all of the pages in this Website at any time.

To learn more about thawte and the online security systems that they provide see: www.thawte.com

When you are accessing the secure parts of this Website, the visible confirmation that encryption is taking place will be indicated by the display of a closed padlock symbol usually to be found in your web browser status bar. Additionally the "http" prefix in front of www.blueplanetimages.com will have changed to "https". In the highly unlikely event that you do not see this padlock symbol and the mentioned change to the prefix when you are in the secure shopping pages of our Website, you should not proceed with your purchase nor input any personal data but instead restart the online shopping process. You should only submit your personal data when these security confirmation symbols are displayed. If the problem cannot be remedied by retrying, you should then immediately stop any planned purchase and contact us at: webmaster@blueplanetimages.com. If this problem happens outside U.K. office hours Contact us as provided above.

Privacy Policy

Please be sure to read and understand our Privacy Policy. This sets out our commitment to keeping confidential the personal data that we obtain from you when providing goods to you in connection with and via this Website and by any other means such as, but not limited to, telephone sales and when you register as a "User" of this Website (see "Register as a User of this Website" below). We process information about you in accordance with our Privacy Policy. By using our Website, you consent to such processing and you warrant to us that all data provided by you is accurate.

Reliance on information posted

Commentary and other Materials posted on our Website are not intended to amount to advice on which reliance should be placed. Content is provided for general information only. Although we make reasonable efforts to update the commentary and Materials on our site, we make no representation, warranties or guarantees, whether express or implied, that such content is complete or up-to-date.

Our site changes regularly

We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the Material on our site may be out of date at any given time, and we are under no obligation to update such Material.

Our liability

The Material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any Materials posted on it, including, without limitation any liability for:
  • loss of profits, sales, business or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of data;
  • loss of business opportunity, goodwill or reputation;
  • wasted management or office time; and
  • for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of goods by us to you, which are set out in our Terms and Conditions of Sale.

Viruses, hacking and other offences

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any Material posted on it, or on any website linked to it.

Linking to our Website

You may link to our Website home page only with and subject to our prior written agreement, provided you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. In particular, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Website must not be framed on any other Website, nor should you establish a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice. You agree and undertake to us in case we send to you such notice requiring you to remove such link from your website to our Website, that you will do this immediately and promptly send to us an e-mail at contact@blueplanetimages.com confirming that this action has been duly taken.

You must not establish a link from any website that is not owned by you.

Links from our Website

Our Website contains links to various websites and other resources provided by third parties. These links are provided for your information and convenience only and their inclusion in our Website does not imply any endorsement of them, opinions that may be expressed in them or information they contain. We have no control over the contents of those websites or resources and accept no responsibility whatsoever for them or for any loss or damage that you may suffer in connection with your use of them.

Registration as a User of this Website

If you wish to be given access to view the larger "Preview " size images, rather than the basic "Thumbnail" size images in the online picture library and "Image search" section of this Website, you are required to complete a short Registration Form in which you will be asked to first provide a few brief details about yourself to enable us to identify you as a "user", when you visit our Website. Your registration as a "user" is subject to you confirming agreement to be bound by these Terms & Conditions. Promptly after registration we shall send to you by e-mail from our secure server your personal access password. There is a provision in the Website for you to change your personal password if you so wish. Go to the "My Account" section on our Website to do this. There is no charge for this registration, nor is there any obligation to subsequently purchase any goods from us. It is your responsibility to always keep your password and account details confidential and you must not disclose this information to any third party.

We shall not be liable in case you suffer any loss and/or damage arising from a failure by you to protect and keep private and confidential your password and/or any and all of your account details.

When registering we require that you provide us with a valid telephone number so that we can contact you in case we notice any problem with your registration. Failure to provide us with a valid telephone number may result in us cancelling your registration. The information you provide is covered by the provisions of our Privacy Policy.

Information accuracy

Whilst we use our best efforts to ensure that the information we place on the Website is accurate and current to the best of our knowledge and belief at the time, no warranties, express or implied, are given as to its accuracy nor do we make any warranty that the Website is free of errors, up-to-date, complete, nor that the Website or server are free of viruses. We are not responsible for any loss of data, material or content material uploaded or transmitted via our Website.

It is your responsibility to make your own independent and prior checks before deciding whether or not to rely upon any of the information given and opinions expressed in this Website.

We shall also not be liable to you nor to any third party in respect of any indirect loss and/or damage and/or loss of data, profit, revenue, business and/or time whatsoever and howsoever caused through you use of this Website.

Your concerns

If you have any concerns about Material which appears on our Website, please email us at contact@blueplanetimages.com or contact us at our Trading Address.

Thank you for visiting our Website.

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File Revision: 1.24; Last Modified: 3rd August, 2016

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