HARMAN TECHNOLOGY LIMITED – WEBSITE TERMS OF USE

IMPORTANT – PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE

These website terms of use are the terms and conditions under which you may use our website ilfordphoto.com (the Website).

Please read these terms carefully. As part of the registration process you will be required to confirm that you have read and understood these terms. If you refuse to accept these terms, you should not complete registration to this Website and should immediately cease to access and/or use the Website in any matter.

We recommend that you print a copy of these terms for your future reference.

  1. About Us

    • HARMAN technology Limited
      Registered in England and Wales with company number 05227615
      Registered office address: Whittington Hall, Whittington Road, Worcester, Worcestershire, England, WR5 2ZX
      Address for correspondence:  Ilford Way, Mobberley, Knutsford, Cheshire, WA16 7JL   To contact us electronically, please use the web contact form on our Website or email us at web‑admin@harmantechnology.com.
    • References to we, our, us in these terms are references to HARMAN technology Limited.
  1. About Our Website

    • Our Website is made available for use by our customers and by other users who are interested in the products and services that we offer.
    • We try to make our Website available at all times, but please be aware that we cannot guarantee that it will be available at any particular time, and it may sometimes be necessary to suspend part or all of the Website for maintenance or other purposes.
    • We cannot guarantee that your use of the Website will be uninterrupted or error-free, but if you do discover an error or other problem with our Website please let us know so that we can resolve it.
    • We are constantly working to improve our Website, so the functionality and services that are available through it may change from time to time. We may also remove functionality from the Website, for example if we consider it obsolete or no longer appropriate to offer for any reason. We will try to provide advanced notice where we do so, but this might not always be possible.
    • Although our Website can be accessed from around the world, we are a UK based company and have designed the Website to comply with UK legal requirements. If you are accessing the Website from outside the UK it is your responsibility to ensure that your use of the Website complies with all applicable local law.
    • Your privacy is important to us. For more information about the personal information about you that we may collect, how it may be used and your rights in respect of your personal data, please see our privacy policy.
    • We may offer you the opportunity to purchase products or services via our Website. Where we do so, the purchase of those products or services will be subject to additional terms and conditions, which you must agree to if you want to complete your purchase. You should read those additional terms carefully before completing your purchase.
  2. Registration

    • Although you may access certain parts of our Website without registering, some features are only available to users who have registered with us (Registered Users).
    • By registering to use of Website you confirm that you:
      • understand and accept these terms;
      • are legally capable of entering into binding contracts; and
      • are at least 18 years old.
    • You agree to:
      • provide true, accurate, current and complete information about yourself as prompted by the site's registration form and in the profile section of your account (such information being the User Data); and
      • maintain and promptly update the User Data to keep it true, accurate, current and complete.
    • If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or if you commit any breach of these terms or do anything that we, in our absolute discretion, believe may damage our reputation or that of the Website, we have the right to suspend or terminate your account and refuse any and all current or future use of any part or the entire Website without notice or liability to you.
    • You must keep your password secret at all times and not share it with anyone, even friends or family members. You must take reasonable security measures to keep your account secure and prevent unauthorised access, including choosing a secure password, ensuring that any device that you use to access the Website has up-to-date security software, including anti-virus and a firewall and logging out once you have finished using the Website.
    • You must not access this Website using someone else’s user account, whether or not with their permission. You should be aware that unauthorised access to the Website may constitute a criminal offence under the Computer Misuse Act 1990, and we reserve the right to report any suspected unauthorised access to law enforcement authorities and will cooperate with them in any investigation.
    • You are responsible for any use of our Website made using your user name or password, including where that use was by someone that you gave your password to or someone who has discovered your password because you failed to take reasonable steps to keep it secret.
    • You must let us know immediately if you become aware of or suspect any unauthorised use of your account or suspect that your email account or password may have been compromised. If you forget your password, you may use the password reset link on the Website.
  3. Find a Darkroom

    • Our Website offers a facility designed to bring together people and organisations who have a darkroom with people who are looking for a darkroom to use.
    • We provide the service at no charge for the convenience and use of our Registered Users. We do not undertake any checking of the facilities made available via the service and merely offer a facility for darkroom providers to indicate the rough location of their darkrooms and for darkroom providers and users to communicate.
    • Darkroom providers are entitled to charge or ask for a donation for use of their facilities but should indicate costs and other terms at the point of contact with a user.
    • If you agree to make your darkroom available to a user, or if you agree to use a darkroom made available to you by a provider, you must make all arrangements between you. We cannot be a part of any agreement for the use of a darkroom, nor can be become involved in any dispute between providers and users, and we take no responsibility for the quality or availability of the darkroom or the acts or omissions of any person using the darkroom.
    • We do not verify the identity of darkroom providers or users and you should be aware that, although we emphasise in the terms the importance of our Registered Users providing accurate information, we cannot be responsible to you if a provider or user has provided inaccurate or false information.
    • You are responsible for your own personal safety when meeting a darkroom provider or user and you should take all precautions that you would normally take when meeting anyone for the first time.
  4. Find a Dealer / Stockist Facility

    • Our Website offers a facility to allow you to find a local dealer / stockist who sells our products.
    • Unless otherwise stated, the dealers / stockists listed on the search facility are independent entities whose only relationship with us is as a dealer / stockist of our products. If you purchase any products from a dealer / stockist you find on our search facility your contract will be with that dealer / stockist, and any issues with your order, including any problems with the products, should be addressed to the dealer / stockist.
    • We cannot guarantee that the information provided on the find a dealer / stockist facility will be up-to-date or accurate, nor that the dealer / stockist will have the product you require in stock. If you require a particular product we strongly suggest that you contact the dealer / stockist in advance to check availability before you travel to the dealer’s premises.
  5. Find a Course and Find a Lab Facilities

    • Our Website offers a facility to allow you to find local photography courses and to find labs that provide film and image processing and printing services.
    • Unless otherwise stated, the course providers and lab operators listed on the search facility are independent entities and any courses or services that they offer are not endorsed by us. If you sign up for any courses or utilise any services that you find on our search facility your contract will be with the provider / operator, and any issues should be addressed to that entity.
    • We cannot guarantee that the information provided on the find a course and find a lab facilities will be up-to-date or accurate. If you are interested in a participating in a particular course or using a particular lab please contact the provider / operator for more information.
  6. Blogs and Articles

    • Our Website may contain blogs and other articles, guides or features that we feel may be of interest to our users, including in our online magazine and learning zone.
    • Unless otherwise stated, any blog posts, articles or guides represent the opinion of the author, which does not necessarily reflect our opinion.
    • Blog posts, articles and guides are provided for your interest and are not intended to constitute advice. You must not act in reliance upon anything contained in a blog post, article or guide and if in any doubt should take expert professional advice.
    • We may discuss our products or services on our Website, including promoting new products, informing you about special offers or providing usage suggestions. However, nothing on our Website constitutes an offer to sell a product or service to you or, except where expressly stated, an indication that the product or service is available for sale to you. You may be able to order some of our products or services through our Website (subject to additional terms), but please be aware that any order you do place is subject to acceptance by us.
    • Any comments posted by our users on blog posts, articles or guides represent the opinion of the Registered User posting the comment, and do not necessarily reflect our own opinion. Comments are not pre-moderated by us, so please be aware that they may contain inappropriate material or false, misleading or offensive content. Please use your discretion when reading user-submitted comments.
    • If you choose to submit any comments in response to content on our Website you should carefully consider the content of your comment before submitting and ensure that all content you submit complies with our acceptable use policy set out in paragraph 9. By submitting comments you give us permission to display those comments beneath the post or article you commented on and in other appropriate places on our Website.
  7. Gallery

    • Our Website offers a facility for you to share your best photographs with us. To upload photos, just follow the on-screen instructions and your photos will be automatically uploaded to our server.
    • The photos that you upload to our gallery will be available for all users of the Website to view, so you should only upload photos that you are happy to be made public and that comply with our acceptable use policy (see paragraph 9). We do not pre-moderate photos, but do reserve the right to remove photos that we consider inappropriate for any reason.
    • Our gallery is only intended for the submission of photos and not for other images or files. We reserve the right to impose limits on your usage of the gallery, such as numbers of photos that may be uploaded, file size of individual photos or overall storage capacity.
    • We may from time to time run competitions to identify the best photos submitted to our gallery. Where we run a competition this will be advertised on our Website, together with any entry criteria and any prizes which may be available.
    • Unless otherwise stated we may consider any photos submitted to our gallery for the purposes of the competition, whether uploaded before or after the start of the competition period and whether or not you specifically uploaded them for the purposes of the competition. If you do not want your photos to be considered for competitions, please do not upload them to our website.
    • In respect of any competitions, the judges’ decision is final, and correspondence cannot be entered into.
    • We respect your rights in your photos, and you will at all times retain ownership of the copyright and any other intellectual property rights in photos that you submit to our Website. Submitting a photo to our Website does not in any way affect your right to continue to use and publish the photo in other places as you see fit; however, if we have published the photo and publicly associated ourselves with it you should not use it in a manner that might bring us into disrepute.
    • By submitting photos you grant us a non-exclusive, worldwide, irrevocable, perpetual, royalty free licence to display the photo on our Website and any other websites that we may operate from time to time, use the photo in publicity or marketing material or otherwise make use of the photo in the course of our normal business activities. This licence shall be transferable to any acquirer of our business and assets and sub-licensable to any entity that requires a licence to assist us in exercising the rights granted by this paragraph 8. You also agree that other users of our Website may use the photo as described in paragraph 10.
    • In exercising our rights under paragraph 8 we may make minor changes or modifications to the photo that you submit, for example cropping them, rebalancing contrast for publication purposes or incorporating them with other images. We may also watermark photos to discourage misappropriation. We will aim to do this in a way that does not undermine the integrity of the original photo.
    • By uploading a photo to our Website you agree to waive any moral or similar rights that you may have in the photo in our favour. While we will always endeavour to, we will not be required to credit you as the photographer.
    • The gallery is not intended as a photo or cloud storage facility or for back-up purposes, and you should not rely upon the photo being continuously or permanently available for retrieval. You must therefore retain your own copy of any photo you submit.
  8. Acceptable Use

    • When using our Website, particularly when submitting content such as comments and photographs, you should act at all times in a reasonable manner and in accordance with these terms and your legal responsibilities. You must use our Website in good faith and in the manner in which is intended.
    • You must treat all of our other users with respect, including when submitting comments or other content, and when communicating with users via any messaging facility provided by our Website.
    • Content that you submit may be published publicly on our Website or in other places, as described in more detail in the relevant sections of our terms. You must therefore ensure that any content that you submit:
      • is your own original work and does not include any content created by any other person or entity;
      • is decent and of a nature that can be published to the general public without being likely to cause offence or otherwise be considered inappropriate either by the public as a whole or a particular section of the public; and
      • is not of a type that is likely to bring us, yourself or any of our other users into disrepute.
    • Specifically, the following type of content is prohibited and you must not use our Website to knowingly receive, upload, download, use or re-use any material which:
      • expresses an opinion which is not genuinely held;
      • is defamatory or derogatory of any person;
      • is obscene, offensive, hateful or inflammatory;
      • promotes sexually explicit material, violence, any illegal activity or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
      • infringes any copyright, database right or trade mark of any other person;
      • is likely to deceive any person;
      • is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
      • is threatening, abusive or invade another’s privacy, causes annoyance, inconvenience or needless anxiety, is likely to harass, upset, embarrass, alarm or annoy any other person; and/or
      • advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
    • You may not use the Website:
      • in any way that breaches any applicable local, national or international law or regulation;
      • that may damage our reputation or that of the Website;
      • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
      • for the purpose of harming or attempting to harm minors in any way or to solicit personal information from anyone under 18 years of age or solicit passwords or personally identifying information for commercial or unlawful purposes;
      • to harvest or collect email addresses or other contact information of other users of the Website by electronic means for the purposes of sending unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
      • to transmit, or procure the sending of spam; or
      • to use automate scripts to collect information from or otherwise interact with the Website.
    • You also agree:
      • not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of these terms;
      • that in submitting or uploading any material to the Website you will not impersonate any person, misrepresent your identity or affiliation with any person, or give the impression that the material emanates from us (if this is not the case);
      • not to access without authority, interfere with, damage or disrupt:
        • any part of the Website;
        • any equipment or network on which the Website is stored;
        • any software used in the provision of the Website; or
        • any equipment or network or software owned or used by any third party; and
      • not to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-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 to attack our Website via a denial-of-service attack or a distributed denial-of service attack.
    • By breaching paragraph 6.3 or paragraph 9.6.4, you may be committing 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.
    • You must not attempt to circumvent any automatic controls on the content that you may post on the Website.
    • You must not create a link on our Website to any website that does not itself comply with the acceptable use policy in this paragraph 9.
    • If we receive a complaint about your use of the Website, whether from a law enforcement authority, company, private individual or otherwise, we will consider the complaint and determine how to respond. Complaints may include allegations that content you have submitted infringes a third party’s rights, is defamatory or is otherwise unlawful or illegal.
    • We retain the absolute discretion to suspend or remove any content which is the subject of a complaint and will, where we consider it appropriate to do so, co-operate with any complainant, including providing your contact details to the complainant so that the complainant can contact you directly. However, we will not be responsible to you for any additional liability you suffer as a result of our failure to remove content which is the subject of a complaint.
    • You agree that you will not use the Website in any of the ways prohibited in this paragraph 9 and will fully reimburse us for any loss, damage, claim, cost or expense that we suffer as a result of your improper use or any allegation by a third party that you have used the Website improperly.
  9. Copyright

    • All material on the Website is protected by copyright. Other than as permitted by this paragraph 10 you must not use or reproduce any material from this Website.
    • You may view pages of the Website on screen and may print or download extracts of them for your own personal use.
    • You may supply a copy of any such extract to any third party provided that:
      • the extract is for their own personal use;
      • the extract is not supplied as part of or included in another work, website or publication;
      • the extract is not supplied either directly or indirectly in return for commercial gain; and
      • the third party is made aware that the source of the copy is the Website and that these terms and conditions apply equally to them.
    • No part of the Website may be reproduced, transmitted to, or stored on any other website or in any other form of electronic medium without our express written consent.
    • The rights in some content on our Website, including user submitted photographs, belongs to our users and other third parties, and you must respect their rights in the content. You may only use photographs and other user submitted and third party content with the express written consent of the person who holds the rights to that content, and any use otherwise than with consent may result in legal action being taken against you by the rights-holder.
  10. Content of the Website

    • We will use our reasonable endeavours to ensure that the information on the Website is accurate and complete. However, we do not give any promises about the accuracy or completeness of that information or the accuracy of any information (including, without limitation, User Data provided by Registered Users).
    • The Website includes content, services and hypertext links to websites owned, operated, controlled and/or provided by third parties (Third Party Content).
    • Your use of any Third Party Content may be subject to the relevant third party’s terms and conditions, and it is your responsibility to make yourself aware of those terms and conditions. We will not necessarily see or be aware of any enquiries that you submit to any third parties who provide Third Party Content.
    • We have no control over or proprietary interest in any Third Party Content. We do not give any promises about the quality, security, accuracy or any other aspect of any Third Party Content, and exclude any and all liability arising from you use of them.
  11. Linking to our Website

    • You may include a link to our Website on your own site, provided that you do so in a fair, reasonable and legal way that does not damage our reputation or take advantage of it.
    • You must only link to pages on our Website that are generally available to all users. You must not link to pages that are only available to Registered Users, nor may you link directly to images, videos, scripts or any content other than webpages. You must not frame our Website in any other website.
    • You must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
    • You must not link to our Website from any website that is not owned and controlled by you.
    • We reserve the right to withdraw linking permission on notice to you.
    • The website on which you include the link must itself comply with our acceptable use policy (see paragraph 9).
  12. Our liability

    • This paragraph 13 governs our responsibility to you if we fail to comply with these terms. It does not apply to any problems with products or services that you purchase from us. Our responsibility for problems with products or services you purchase is described in the additional terms applicable to that purchase.
    • Our liability for losses you suffer as a result of us failing to comply with these terms is strictly limited to £1,000.
    • We are not responsible for any:
      • loss or damage of a kind that we could not reasonably have foreseen;
      • loss of profits, income, business, data, goodwill, business opportunity or anticipated savings, injury to reputation or wasted management time;
      • loss or damage you suffer as a result of your misuse of this Website; or
    • Nothing in these terms shall limit in any way our liability for:
      • death or personal injury caused by our negligence;
      • fraud or fraudulent misrepresentation; or
      • any other matter for which it would be unlawful for us to exclude or limit our liability.
    • We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by events outside our reasonable control. Our performance under these terms is suspended for the period that an event outside our reasonable control continues, and we will have an extension of time for performance for the duration of that period. We will however use our reasonable efforts to continue to fulfil the obligations notwithstanding the occurrence of the event.
  13. Written communications

    • Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website.
    • For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your legal rights.
  14. Notices

    • All notices given by you to us must be given to the address set out at paragraph 1 above or via our web contact form.
    • We may give notice to you at either the email or postal address you provide to us when registering (or such updated email address or postal address as you may provide to us from time to time via the section of the Website which allows you to update your registration details).
    • Notice will be treated as having been received and properly served immediately when posted on the Website, 24 hours after an email or message via our web contact form is sent, or three days after the date of posting of any letter.
  15. Transfer of rights and obligations

    • The contract between you and us is binding on you and us and on our respective successors and assigns.
    • You may not transfer, assign, charge or otherwise dispose of your interest in these terms, or any of your rights or obligations arising under it, without our prior written consent.
  16. Waiver

    • If we fail, at any time, to insist upon strict performance of any of your obligations under these terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
    • A waiver by us of any default shall not constitute a waiver of any subsequent default.
    • No waiver by us of any of these terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 15.
  17. Severability

    If any of these terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

  1. Entire agreement

    • These terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us.
    • We each acknowledge that, in entering into these terms, neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to these terms or not) other than as expressly set out in these terms.
    • Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms.
    • Nothing in this paragraph 19 shall limit or exclude any liability for fraud.
  2. Our right to vary these terms

    • We have the right to revise and amend these terms from time to time by posting an updated copy of the terms on our Website.
    • The revised terms will apply immediately once they are posted, and your continued use of the Website after the revised terms have been posted constitutes your acceptance of the terms.
    • If you do not accept the revised terms you must immediately stop using our Website and contact us requesting that we close your user account.
  3. Law and jurisdiction

These terms are governed by English law and you and we can each bring legal proceedings in respect of any disputes arising out of or in connection with your use of the website or otherwise regarding these terms in the English courts.