These Terms set out your rights and obligations, and those of Butterfly Print Limited (“we” or “us”), in relation to www.butterflyprint.co.uk (the “Site”), any goods or services available through, and material of any kind accessible or relating to, the Site, or us (the “Services”). When we refer to “The Site” in these Terms, we mean us, the Site and/or the Services, according to the context.
It is your responsibility to read and understand these Terms before using the Site. By registering with the Site, you accept that you are entering into a contract with us under these Terms. People who register for the Site establish an “Account”, and become “Users”. Visitors to the Site who do not become Users, but who nevertheless use the Site, agree that they are bound by these Terms each time they access the Site. You should be aware that these Terms may change from time to time in accordance with Clause 20 below.
Obtaining an Account and providing a Payment Method
If we ask you to provide some information about yourself when you register for the Site, you must ensure that this information is accurate and current. You may keep this information updated through your Account. Note that we are entitled to treat anything done through a User’s Account, or by means of an email address, phone number or other communications method associated with that Account, as having been done by the User; it is up to the User to maintain the security of his/her Account. When you place an order for a Product, you will be passed to a third party merchant in order to securely process your payment. Butterfly Print Ltd do not capture or store any payment details. If we are informed by the third party merchant that they suspect that your Payment Method belongs to someone else or is one which you are not entitled to use, we reserve the right to suspend or terminate your Account at any time. You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it – we will be sending you important messages there. So if you change email address, then you must change it on your Account. Should you provide an invalid email address or an email address that belongs to someone else, Butterfly Print Ltd may terminate your Account at any time without notice. You may not register as a User if you are under 13 years of age.
Using the Site
The Site provides Users with the facility to purchase Butterfly Print Ltd’s products through the User’s Account, and to access content that may be of interest. We reserve the right to add or remove Products and/or content from our Services at any time. Clause 6 contains the terms of purchase for Products. It is the responsibility of Users to have sufficient web and device usage skills to make use of our Services; we do not offer training, nor can we offer refunds for products ordered in error, except in exceptional circumstances and at our sole discretion.
User Content and Content Rules
The Site offers a Weblog (“blog”) function for the information and education of users. From time to time at our sole discretion we may open blog posts up for public comment. We reserve the rights to moderate, edit or delete any and all user comments. Text, images and other material (including textual annotations to and comments on Images) uploaded, posted, contributed, distributed, communicated, transmitted or linked-to by a User on, through or in connection with The Site are treated as “User Content” for the purposes of these Terms. Users must have the right to deal with their User Content in the manner provided by our Services. Each User shall ensure that his/her User Content does not:
- infringe anyone’s copyright; in particular, you must ensure that you either own the copyright in an Image that you upload to The Site or that you are fully licensed by the copyright owner to upload the Image and to make any subsequent use of it (such as by including the Image in a personalised Product);
- infringe any other rights, such as a trade mark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality;
- contravene any Applicable law (including, without limitation, any criminal law) or regulation;
- include anything that is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;
- contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;
- misrepresent the User’s identity in any way or impersonate any person;
- include any material containing personally identifying information about another person, such as their real name, address, phone number, or email address, except with the written Approval of that person;
- contain material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;
- harass, upset, embarrass, alarm or annoy any person;
- give the impression that it emanates from us, if this is not the case;
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
- interfere with the proper working of The Site.
The above are our Content Rules.
Although we prohibit the uploading of User Content which infringes our Content Rules it is possible that User Content may be accessible through our Site which contravenes our Content Rules. We are not responsible for such User Content, but if you become aware of any such Images or User Content on our Site please contact us. We may without notice delete any User Content which appears to breach our Content Rules.
Terms of purchase for Products
A contract between a User and The Site for the purchase of a Product is created as follows. The User places the order for a Product on the Site by pressing an order confirmation button at the end of the checkout process. By confirming your order, you are agreeing to purchase the Product you have selected. At this point, we take payment for your order by means of your nominated Payment Method. We will send to you a confirmation email detailing your order for the Product, and other information we must provide to you.
Note that The Site may reject an order in certain circumstances, for example (but not limited to):
- Your order breaching the requirements of these Terms;
- The Product you order being unavailable;
- Our inability to obtain authorisation for your payment; or
- A relevant pricing or Product description error being identified.
If your order is rejected by us for these or any other reasons, we will contact you to confirm this and reverse any payment you have made for that order.
International use of The Site
You must ensure that you comply with the laws that Apply to you and your use of The Site, including as to User Content, the Images that may be viewed and the Products that may be bought through The Site. That use may be prohibited or restricted in various jurisdictions.
Closure of Accounts
You may choose to cancel your Account at any time by contacting us. You may be asked to provide further proof that you are the holder of the Account. Accounts are provided at the sole discretion of The Site and may be closed (“terminated”) by The Site without notice or explanation; reasons for such a closure include but are not limited to breaches of Content Rules by Users, any attempt to use a Payment Method that the User is not entitled to use or other breaches of these terms. If your Account is terminated because you have breached this Agreement (including a breach of our Content Rules), we may prohibit you from establishing another Account. Where an Account is cancelled, lapses or is terminated, we are entitled to close the Account and entitled (but not obliged) to delete all Images and other User Content associated with that Account. You will nevertheless remain responsible for performing your obligations under these Terms, and the rights granted to us under these Terms (including in Clause 8) shall not be terminated as a result.
By uploading, posting, contributing, distributing, communicating or transmitting User Content (including Images), a User expressly grants to us a non-exclusive, royalty-free, irrevocable licence to use, reproduce, adapt, distribute and communicate to the public that User Content worldwide through The Site and any other interactive services through which The Site (or a service based on The Site) is accessible for the purpose of performing obligations we owe to Users and exercising rights Users grant to us, subject to and in accordance with under these Terms. The licence under this Clause 8 will survive any termination of these Terms or any cancellation, suspension or lapse of the relevant Account. For the avoidance of doubt, the licence under this Clause 8 does not permit us commercially to exploit a User’s Images (or other User Content) by creating and selling our own products bearing the User’s Images (or other User Content) without the User’s consent. Note that we may modify User Content in order to conform it to the requirements of The Site or the requirements of a Product (such as by cropping Images). You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to The Site (including, without limitation, User Content associated with Users other than you) are owned by, or licensed to, us. You may use and access The Site and that User Content only to the extent required for the use of the Services in accordance with these Terms, and for the purpose that we make them available. No-one may copy, distribute, show in public or create any derivative work from The Site, or any of the material which is found on The Site unless properly licensed to do so by us. You are not allowed to use The Site (or to copy or use any material found on The Site) for any commercial purpose other than to conduct the purchase of a Product from The Site. You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material taken from The Site. No-one may use any robot, spider, scraper or other automated means to access The Site for any purpose without our prior express written permission.
Our Privacy Terms govern all users of The Site. By using or accessing The Site, you give your consent to the content of that policy. If you do not wish your personal data to be handled in that way, then you must not use The Site. Users shall not use the Services in connection with the sending of any unsolicited messages, or to harvest or otherwise collect information about Users, including email addresses. No User shall use any information regarding other Users that is accessible through the Services except as expressly permitted by these Terms.
We reserve the right at any time and without notice (a) to suspend or terminate your ability to access The Site, (b) your use of all of part of the Services, (c) to remove from access via The Site any User Content associated with a User or his/her Account, (d) to warn Users and other users of The Site against interacting with a particular User, and/or (e) to take technical and legal steps to stop any Users from using The Site if they appear to us to be in breach of any provision of these Terms. Should we do so, you acknowledge that we shall not incur any liability to you or to any other person. In addition, we are entitled to suspend provision of all or part the Services, or the availability of User Content associated with any User, at any time if we are obliged or advised to comply with an order, instruction or request of any government department or agency, or any regulator, court or other competent authority.
Contact from third parties.
If anyone contacts us in relation to User Content or a transaction associated with you, then you agree:
- to provide all reasonable information and assistance we may require in connection with responding to that contact; and
- to respond promptly and accurately to it, should we pass the message to you for a response.
Operation of The Site
We reserve the right to withdraw or modify all or part of the Services or The Site where we have legal or commercial reasons to do so. There may be times when the operation of The Site is adversely affected, or becomes inaccessible, as a result of technical difficulties experienced by The Site, on the Internet or other communications networks, or other matters that are beyond our control. Please note, however, that we cannot guarantee continuous, uninterrupted or secure access to The Site or any of the material that appears on it. If we are conducting a period of planned unavailability of the Services, we will inform Users of this by a notice that appears on one or more pages of The Site. For security or other reasons, we may require you to change your password or other information which facilitates access to The Site; however, we will never ask you for your password. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.
We use reasonable care and skill to provide The Site in accordance with our specifications for The Site but the Services are provided “as is” and we cannot and do not guarantee that The Site or the Services will meet your requirements, including (without limitation) as to the availability or speed of delivery of any User Content placed on or made through The Site. We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these Terms. Nothing in these Terms excludes or restricts our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence, nor our contractual obligations in respect of Products we agree to supply following our acceptance of your order in accordance with Clause 6. We, our agents, directors, officers, shareholders, employees and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise for any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption; or for any indirect, special or consequential loss damage, costs or other claims, howsoever caused or arising. Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law. For the avoidance of doubt, The Site will not have liability to you or any other person in respect of User Content. We will not be liable for any failure to perform our obligations under these Terms caused by matters beyond our reasonable control. The provisions of this Clause 16 shall survive the termination or expiry of these Terms.
You agree to indemnify The Site, its agents, directors, officers, shareholders, employees and subcontractors against all liabilities, claims and expenses that may arise out of or in connection with any:
- breach of these Terms by you or through your Account; or
- User Content associated with you or your Account.
We reserve the right to assign these Terms, and to assign or subcontract any or all of our rights and obligations under these Terms, but will not do so in such a way as to reduce any guarantees you are given under these Terms. You may not without the written consent of The Site assign or dispose of these Terms or any of your rights and obligations under it.
These Terms are intended to contain your entire agreement with us relating to your use of and access to The Site; we believe them to be fair and reasonable. They replace all earlier agreements and understandings with you relating to The Site.
Changes to these Terms
We reserve the right to change these Terms from time to time, and post the new version on The Site. The new version of these Terms will take effect commencing 28 days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of these Terms which is capable of adversely affecting you; or immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not reasonably capable of adversely affecting you. In either case, if you do not wish to be governed by the new version of these Terms, you must cease to use the Services and The Site. For the avoidance of doubt, we will not have any liability to you in that event.
If any part of these Terms is held to be invalid or unenforceable, the remainder shall remain valid and enforceable. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches. The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Terms. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms, provided that this shall not affect any right or remedy of a third party which exists or is available apart from that Act. We don’t separately file the Terms entered into by Users when they register for The Site. You can access them here. Please make a durable copy of these Terms by printing and/or saving a downloaded copy on your own computer. They are offered in English only.
These Terms, the Services and each order and purchase of a Product shall be governed by English law.
You can contact us by post at Butterfly Print Limited, 107 Ramsden Wood Road, Walsden, OL14 7UD, UK. We will send our notices to you by email to the email address specified in your Account.