1. INTRODUCTION
These Terms of Use govern the relationship between you and ME Group International plc (trading as ‘Pho to-Me’) when you use our automated photobooths (‘Photobooths’) to obtain products from them (‘Product’ or ‘Photographs’).
These Terms of Use set out important information regarding your rights, obligations and the restrictions that may apply when you order Products from our Photobooths, so please read them carefully before ordering Products. You can save or print a copy of these Terms of Use for future reference. We have the right to revise and amend these Terms of Use from time to time and any changes we make will be posted on this page of our website.
By ordering any of our Products from our Photobooths, you agree to be legally bound by these Terms of Use. If you do not accept the Terms of Use you should not order our Products.
Any reference to you or your, means you as a customer of our Products and/or as a user of our website. Any reference to we, us, our or ME Group is to ME Group International plc.
2. INFORMATION ABOUT US
The Photobooths and our website are operated by ME Group International plc, a company registered in England and Wales under company number 00735438 and with our registered office at Unit 3B Blenheim Road, Epsom KT19 9AP.
3. USE OF PHOTOBOOTHS AND PRODUCTS
You shall not use a Photobooth for (i) any unlawful purpose, or (ii) any purposes unconnected with the taking of your photograph by the Photobooth.
4. TITLE TO, AND COPYRIGHT IN, THE PRODUCT
So long as you pay the full price for the product, title to, and copyright in, the Photographs belong to you immediately the photographs are produced. We do not keep any copy of photographs produced by the Photobooth except for the purpose of transferring the Photographs digitally to an official Government service on your instructions, after which the Photograph is permanently deleted from our systems.
5. ORDERING PRODUCTS AND THE CONTRACT
a. By paying for the Service, you warrant that you have legal capacity to enter into contracts.
b. Please take time to check your order carefully before making payment. Your order constitutes an offer to us to buy a Service. If you place an order in one of our Photobooths and pay for it, you will be deemed to have entered into a contract with us (‘Contract’) which shall be deemed to include these Terms of Use.
6. PRICE AND PAYMENT
a. The price of the Products will be as quoted on our Photobooths from time to time, except in cases of obvious error. Product prices include VAT.
b. Payment for all Products must be by contactless payment and we require payment before we make the Products available to you. We use Nayax payment services to carry out and process your payments.
7. YOUR CONSUMER RIGHT OF RETURN AND REFUND
a. Right of return and refund if the Product is defective or not as described: Because you are a consumer, we are under a legal duty to supply Products that are in conformity with our Contract. You have legal rights in relation to Products that are defective or not as described. If the Products are defective or are not as described, you should contact us and report such defect or misdescription as soon as possible (we ask that this is within three days from the date of purchase of the Products).
b. To seek a refund, you may contact us by:
Where you phone our call centre, we may ask you to write or email in if we have any difficulty understanding you, so we can make sure the refund is issued correctly. We will refund you by the method used by you to pay.
c. If we agree that the Product is defective or misdescribed (acting reasonably) we shall refund the price of the Product in full. We reserve the right to require you to send to us the Product; this enables us to assess the alleged problems. Where we require you to send the Product to us, we shall refund the cost of sending the Product to us by ordinary first-class post, as long as we decide that a refund is due.
8. OUR LIABILITY
a. Nothing in these Terms shall:
i. where you deal as a consumer, restrict your statutory rights; or
ii. exclude or limit our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation, or exclude or limit our liability for any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
b. Subject to condition 8a above, we are responsible for losses you suffer caused by our breaking this Contract or our negligence up to the value of the price you paid for the Product(s) but we shall not be legally responsible to you for any loss which is:
i. Unexpected: It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was not reasonably foreseeable).
ii. Caused by an event outside our control: We are not responsible for any failure to perform, or any delay in performance of our obligations under the Contract caused by events outside our reasonable control.
iii. Avoidable: Something you could have avoided by taking reasonable action. For example, if you did not follow the instructions provided on or in the Photobooth.
iv. A business loss: We supply Products only for private consumption. You agree not to use any Product for commercial or re-sale purposes, and we shall have no liability to you for any loss of profits, loss of business or loss of business opportunity.
9. PRIVACY STATEMENT
We respect people’s right to privacy, and we comply with our obligations under relevant data protection laws. We are committed to ensuring that your privacy is protected. This Statement of Privacy applies to this website and governs data collection and usage. Should we ask you to provide certain information by which you can be identified when using a Photobooth and this website, we will only use that information in accordance with this Statement of Privacy.
This Statement of Privacy is for the purpose of customers using a Photobooth and technology for the capture and transfer of their image to www.gov.uk passport services for the renewal of their passport. The Photograph captured shall only be used for this purpose and will not be used or shared with anyone for any other purpose. We shall delete from our systems any Photographs captured by a Photobooth one month from the date of capture.
By using our Photobooths and visiting our website, you are deemed to accept the terms of this privacy statement and the data practices described within.
COLLECTION OF YOUR PERSONAL INFORMATION
We shall not collect personally identifiable information, other than, in certain cases, credit card and debit card information. Such information is only collected from you if you voluntarily submit it to us and is only used with the express purpose of acquiring payment services on your behalf. We do not keep it on record in our systems.
Any other information received from you after the use of a Photobooth for customer service reasons, i.e. name, address, phone number, email, etc. shall only be used for the handling of your query and not for any other purpose.
USE OF YOUR PERSONAL INFORMATION
We collect and use your image to deliver the services you have asked for, such as the capture and transfer of your image to the www.gov.uk passport services for the renewal of your passport. Any other information received after you use a Photobooth for customer service reasons, e.g. name, address, phone number, email, etc. will only be used for the handling of a customer’s query, complaint, etc. and not for any other purpose.
We do not use or disclose sensitive personal information, such as race or ethnic origin, religion, or medical conditions, without your prior express consent.
We may disclose your personal information, without notice, only if we are required to do so by law or if we believe in good faith belief that such action is necessary to: (a) comply with the law or with legal process served on us; (b) protect and defend our rights or property; and, (c) act under exigent circumstances to protect the personal safety of our customers or the public.
SECURITY OF YOUR PERSONAL INFORMATION
We secure your personal information from unauthorised access, use or disclosure. All Photographs that we capture shall be deleted one month from the date of capture. We secure the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorised access, use or disclosure. All personal data is held securely within the UK.
CHANGES TO THIS STATEMENT
We shall occasionally update this Statement of Privacy to reflect company and customer feedback. We encourage you to periodically review this Statement to be informed of how we protect your information.
10. GENERAL
a. You may not transfer or assign any or all of your rights or obligations under the Contract.
b. All notices you give to us must be given in writing to the address set out in these terms. We may give notice to you at either the email or postal address you provide to us when you contact us.
c. If we fail to enforce or delay in enforcing any of our rights under the Contract we can still enforce it later.
d. If a court of other authority decides that some of these Terms are unlawful, the rest will continue to apply.
e. These Terms of Use and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. Contracts may be concluded in the English language only.
f. The Contract is between you and us. Nobody else can enforce it.
11. LAW AND JURISDICTION
The Contract for the purchase of Products and any dispute or claim arising out of or in connection with the Contract will be governed by English law. Any dispute or claim arising out of or in connection with the Contract shall be subject to the non-exclusive jurisdiction of the courts of England. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.
