Terms and Conditions

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YEARBOOK MACHINE

General Terms and Conditions

Welcome to our Website www.yearbookmachine.com

Version 2.0 [ 17th March 2010].

Please read the following general Terms and Conditions carefully as the provisions contained herein govern your access or use of, and your purchase through or in connection with, the Website.

IF YOU ARE READING THIS AS A CHILD OR STUDENT BELOW 18 YEARS OLD, YOU MUST HAVE PERMISSION FROM YOUR PARENT OR LEGAL GUARDIAN TO ACCESS AND USE THIS WEBSITE.

In addition to these general Terms and Conditions:

A. certain users who desire to become the editor, sub-editor or nominated individual (collectively, �Editor�) of their yearbook are required to execute an Editor Responsibilities Agreement which may be downloaded from here (�ER Agreement�); and

B. users wish to utilise the Website�s online purchase facility (as defined below), are subject to the Online Purchase Terms and Conditions which may be found here (�Online Purchase T&C�),

both terms and conditions of which are hereby incorporated into these General Terms and Conditions by this reference.

1. PURPOSE OF THE WEBSITE

1.1 The main purpose of the Website is to allow groups of students or individuals from the same schools, colleges, universities, training organisations and all other types of organisations (�Yearbook Group�) to create yearbooks (�Yearbook�) by using the yearbook creation services (�Yearbook Creation Services�) available on the Website.

1.2 Each Yearbook Group comprises of one Editor and an unlimited number of individuals making up the Yearbook Group�s members (�Yearbook Group Members�). The Yearbook Group Members are permitted access to their Yearbook Group within the Website through an access code supplied by the Editor.

1.3 The Yearbook produced and published by a Yearbook Group shall be printed by the Provider through the Website�s printing service (�Printing Service�). In addition, the Printing Service allows an Editor to print various articles of clothing and other gift items or mementos customised to its Yearbook Group (�Customised Items�). All Yearbooks and Customised Items printed by the Provider are offered for sale to each of the Yearbook Group Members and/or any other third parties (being, a �Purchaser�).

1.4 The Provider may offer such sales through the Website�s online purchase facility (�Online Purchase Facility�).

2. ACCEPTANCE OF TERMS

2.1 The Website is owned and operated by Yearbook Machine Limited and/or its associates, related parties, successors and assigns (collectively referred to as �Provider�, �us�, �we� or �our�).

2.2 The terms and conditions set below, the Privacy Policy and any other terms and conditions, notices and disclaimers displayed elsewhere on the Website (collective referred to as Terms and Conditions (�T&C�)) apply to:

(a) any persons viewing or otherwise accessing the Website (�Visitor�);

(b) any persons becoming a registered user of the Website by becoming an Editor, a Yearbook Group Member or a Purchaser, or by submitting or providing information or data to the Provider to enable the Provider to respond to such person�s queries or for any other purposes (�Registered User�); and

(c) any persons who is a parent or legal guardian of a child or student aged below 18 (�Minor�) wishing to access or use the Website, and who is agreeing to the T&C in his or her capacity as parent or legal guardian (�Guardian�). All Guardians of Minors who are Registered Users are also deemed to be Registered Users in their own capacity by this reference.

All such persons are collectively referred to as �User�, �you� or �your�.

2.3 By becoming a User, you hereby acknowledge and agree to be bound by the T&C. This version represents the most current version of the T&C.

3. ELIGIBILITY

3.1 In consideration of your becoming a User, you represent and warrant that:

(a) you are 18 years of age or older;

(b) you have the capacity to form a binding contract;

(d) your access or use of the Website does not violate any applicable law or regulation.

4. DESCRIPTION OF WEBSITE

4.1 The Website offers the following services (collectively, �Services�):

(a) Yearbook Creation Services: such services comprise:

(i) Editing Service: reserved solely for Editors, the service allows Editors to:

i. create, edit and customise their Yearbooks to any preferred design and layout;

ii. manage the content, and impose editorial or submission guidelines and policies, in respect of the Yearbooks; and

iii. receive from, and send private messages to, each Yearbook Group Member;

(ii) Profile Service: the service allows Editors to provide Yearbook Group Members with an access code for the purposes of creating profiles for their Yearbook. Each Yearbook Group Member may create, edit and update their profiles and upload their own photographs or images using the Profile Service;

(iii) Supplementary Services: other services available as part of the Yearbook Creation Services include the following:

i. Photographs page, allowing Editors and Yearbook Group Members to submit further photographs, images, illustrations and other types of prints for inclusion in their Yearbook;

ii. Page tracker, allowing Editors to manage the number, position and layout of Yearbook pages, and allowing Yearbook Group Members to post suggestions to the Editor for various pages to be included in, or excluded from, their Yearbooks;

iii. Polls page, allowing Editors to post various poll questions, and Yearbook Group Members to participate in such polls, for the purposes of including the same in their Yearbooks;

iv. Yearbook tracker, allowing Editors and Yearbook Group Members to track the progress of the creation of their Yearbooks, and allowing Yearbook Group Members to place a reservation on the printed version of their Yearbook;

v. Discussion forum page, allowing Editors and Yearbook Group Members to post various discussion topics relating to, or in connection with, their Yearbooks;

(b) Printing Service: a service allowing Editors to print Yearbooks and Customised Items through or in connection with the Website;

(c) Online Purchase Facility: a facility allowing Editors to offer their Yearbooks and Customised Items for sale to Yearbook Group Members and other third parties.

4.2 The Services may further include certain communications from the Provider and/or its licensors, such as service announcements and administrative messages. These communications are made to Registered Users and Guardians of Minors who are Registered Users, and are considered part of the terms of registration of the Website.

4.3 Unless explicitly stated otherwise, any new services, features, content or applications offered or made available from time to time by the Provider through or in connection with the Website shall be subject to the T&C.

5. WEBSITE CONTENT AND PROPRIETARY MATERIAL

5.1 In ACCESSING THE WEBSITE, you expressly acknowledge, agree AND COVENANT that:

(a) the Website contains information, data, text, photographs, pictures, images, graphics, video, messages or other materials (�Content�) posted or submitted by Registered Users, part of which may be proprietary to the User and/or its licensors that is protected by applicable intellectual property and other laws;

(b) except to the extent otherwise specifically authorised by the Provider and/or the author or creator of the relevant Content, you may not copy, modify, translate, publicise, reproduce, exploit, broadcast, transmit, distribute, perform, display or sell any of, or any portion of, the Website or all Content contained therein, or create any derivative works thereof, and you may not use any of the Content in connection with any commercial endeavours, whether in whole or in part;

(c) except to the extent otherwise specifically authorised by the Provider and/or the author or creator of the relevant Content, you may only retrieve, display and use the Content solely for your personal use;

(d) the Content is the sole responsibility of the person from which such Content originated, as approved, edited or modified by an Editor. The Provider does not control the Content posted through or in connection with the Website and, as such, does not in any way guarantee the accuracy, integrity or quality of such Content;

(e) by accessing the Website, you may be exposed to Content that may be offensive or objectionable. Under no circumstances will the Provider be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through or in connection with the Services;

(f) the Website may also include Content posted or distributed by the Provider, including from time to time, help topics, FAQs, articles, information and/or any other messages. The information and opinions expressed in the Provider�s Content are the Provider�s or author�s own personal views and description, and are provided for information purposes only. Under no circumstances are such Content intended for any business or commercial-related, income-related or employment-related purposes or activities, including but not limited to any selling or purchasing purposes or activities. You are not entitled to rely and/or act upon such Content and/or use them as a basis for any cause of action in law or otherwise.

(g) the Website is offered, supplied and provided on an "as-is" and �as available� basis, and the Provider assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any User communications or personalised settings;

(h) the Provider expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to:

(i) any warranty of merchantability, fitness for a particular purpose and non-infringement in respect of your access and use of the Website or the Services, or your purchase of any Yearbook or Item through or in connection with the Website; or

(ii) any warranty in respect of the results procured from the use of the Services.

(i) you are responsible for obtaining access to the Website and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees and in addition, you must provide and are responsible for all equipment necessary to access the Website;

(j) you understand that the Website may include software embodied therein now or in the future (�Software�) as well as security components that permit digital materials to be protected, and that your access of the Website is subject to Software usage rules set by the Provider and/or its licensors. The Provider makes no warranty that any errors in the Software will be corrected;

(k) you may not:

(i) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or data transmitted through the Website;

(ii) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;

(iii) interfere with or disrupt the Website or servers or networks connected to the Website or disobey any requirements, procedures, policies or regulations of networks connected thereof;

(iv) take any action that places an unusually large load on the infrastructure of the Website, or bandwidth connecting to the Website, or take any action that includes the use of any data accumulation, tool, robot or spider to compile, disseminate, extract, process, monitor or copy any web pages;

(v) intentionally or unintentionally violate any applicable local, state, national or international law;

(vi) "stalk" or otherwise harass another; or

(vii) collect or store personal data about other Users; and

(viii) attempt to override or circumvent any of the usage rules embedded into the Software or those provided herein. Any unauthorised reproduction, publication, further distribution or public exhibition of the Website or all Content contained therein, in whole or in part, is strictly prohibited.

5.2 You further acknowledge that the Provider does not pre-screen Content and that any Content downloaded or otherwise obtained through the Website is done at your own discretion and risk. You will solely be responsible for any damage to your computer system or loss of data that results from the download of the same.

5.3 No advice or information, whether oral or written, obtained by you from the Provider or through or from the Website shall create any warranty not expressly stated in the T&C.

6. DEALINGS WITH OTHER USERS AND CONTENTS OF YEARBOOKS

6.1 As part of the Editing Service and the Supplementary Services, other Users, including Editors and other Registered Users (collectively, �Other Users�) may interact or communicate with you by posting or uploading responses, comments, suggestions, feedbacks, messages, articles or any other types of communications on or through or in connection with the Website.

6.2 Additionally, if you are a Yearbook Group Member, or if you are the Purchaser of a Yearbook, the ER Agreement entered into by and between the Provider and the applicable Editor expressly provides:

(a) that all editing, publishing and sale responsibilities and obligations for, or in connection with, the applicable Yearbook, including any and all content and offers for sale of the Yearbook or any Customised Items, remain with the Editor; and

(b) that the Provider disclaims any such responsibilities and obligations where the Yearbook is concerned.

6.3 Accordingly, the Provider DOES NOT IN ANY WAY endorse, approve or control the Contents posted, uploaded or communicated by any Other Users, and the editing publication of any Yearbook or its contents therein.

6.4 Your correspondence or dealings with the Other Users, or participation in a Yearbook, including submission of your Profile, purchase of a Yearbook or Customised Items from an Editor and any other terms, conditions, warranties or representations associated with such correspondence and dealings, are solely between you and such Other User or Editor respectively.

6.5 Nothing in the T&C constitutes a joint venture, partnership, agency or other fiduciary relationship between the Provider and an Editor or any other Users.

7. EXCLUSION OF LIABILITY

7.1 You expressly understand and agree that the Provider, its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss or profits, goodwill, use, data or other intangible losses, even if the Provider has been advised of the possibility of such damages, resulting from:

(a) the accessing of, or the inability to access, the Website, or the use of, or the inability to use, the Website or the Services;

(b) unauthorised access to or alteration of your transmissions or data;

(d) any dealings or communications with any Other Users, including Editors.

INDEMNITY

8.1 You agree to indemnify and hold the Provider, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your:

(a) access and use of the Website or the Services;

(b) connection to the Website;

(d) violation of any rights of another; or

(e) dealings and communications with Other Users.

9. REGISTERED USERS – ACCOUNT, ACCESS CODE OR PASSWORD AND SECURITY

9.1 If you become a Registered User as an Editor or a Purchaser, you will receive a password and account designation upon completing the Website�s registration process. If you become a Registered User as a Yearbook Group Member, you will receive an access code from your Yearbook�s Editor.

9.2 You are responsible for maintaining the confidentiality of the password and account, and/or access code, and are fully responsible for all activities that occur under the same.

9.3 You agree to:

(b) immediately notify the Provider of any unauthorised use of your password or account, and/or access code, or any other breach of security; and

9.4 The Provider cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause.

10. REGISTERED USERS – CONTENT OR DATA INPUT

10.1 As a Registered User, you are solely and entirely responsible for any and all Content that you upload, post, email, transmit or otherwise make available through or in connection with the Website, as edited, approved or modified by an Editor, where applicable.

10.2 IN SUBMITING YOUR CONTENT, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU SHALL NOT UPLOAD, POST, EMAIL, TRANSMIT OR OTHERWISE MAKE AVAILABLE THROUGH OR IN CONNECTION WITH THE WEBSITE:

(a) any Content that is false, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, pornographic, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);

(d) any Content comprising unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;

(e) any Content containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or

(f) any Content purporting to impersonate any other person or entity, including, but not limited to, any other User, the Provider�s official, employee, consultant, guide, host or any other representative, or falsely state or otherwise misrepresent your affiliation with any person or entity.

10.3 If you are a Yearbook Group Member, and your Content is intended to be included in a Yearbook, you are required to submit such Content within the printing deadline established by the Provider which may be found on the System Home Page for your book. You expressly acknowledge and agree that the Provider shall be in no way liable to you or any other third parties for any errors or omissions from any Yearbook arising as a result of, or in connection with, your failure to submit such Content within the said deadline.

10.4 You also expressly acknowledge and agree that the Provider:

(a) shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available through or in connection with the Website; and

(b) may access, preserve, and disclose all Content supplied by you if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

(i) comply with legal process;

(ii) enforce this T&C;

(iii) respond to your requests for customer service; and

(iv) protect the rights, property, or personal safety of the Website, other Users and/or the public.

10.5 You understand that the technical processing and transmission of all Content submitted by you may involve:

(a) transmissions over various networks; and

(b) changes to conform and adapt to technical requirements of connecting networks or devices.

10.6 The Provider does not claim ownership of any Content you submit. However, with respect to such Content, you grant the Provider the following worldwide, sub-licensable, perpetual, transferable, royalty free and non-exclusive licence (�Licence�) to use, distribute, reproduce, modify, adapt, publicly display the Content on the Website, in whole or in part, and to incorporate the Content into any proprietary works of the Provider in any format or medium now known or later developed for any purposes, including for the purposes of:

(a) providing and promoting specific Website initiatives;

(b) compiling statistical references for improvement of the Website or any Services offered by the Provider through or in connection with the Website, or any of its affiliates or third parties; and

11. SPECIAL ADMONITION FOR INTERNATIONAL USE

11.1 Recognising the global nature of the Internet, you agree to comply with the provisions of the T&C in accordance with its governing law. If you access the Website from outside of the United Kingdom, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

12. TRADEMARKS

12.1 The YEARBOOK MACHINE name, logo, other names and logos of the Provider as may be created, produced or used from time to time (�Marks�) are trademarks or registered trademarks of the Provider and its affiliated companies. Without express and written prior permission, you agree not to display or use in any manner the Marks for any purpose whatsoever.

GENERAL PRACTICES REGARDING USE AND STORAGE

13.1 You expressly acknowledge and agree that:

(a) the Provider may establish general practices and limits concerning use of the Website, including without limitation the maximum number of days and months that Content submitted by you will be retained by the Website, the maximum amount of information that may be submitted by you and the maximum number of times and the maximum duration for which you may access the Services in a given period of time;

(b) the Provider has no responsibility or liability for the deletion or failure to store any descriptions, work, portfolio, profile, or other information or communication posted by you, or obtained or procured from or through the use of the Services; and

MODIFICATIONS TO THE WEBSITE ETC

14.1 The Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any part thereof, including the provision of any Services, with or without notice. You agree that the Provider shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Website.

14.2 The Provider reserves the further right to make any amendments to the T&C, Privacy Policy, Online Purchase T&C and/or any other incorporated agreements or guidelines at any time in its sole and absolute discretion, with or without notice to you. The most current version of the aforesaid documents as posted on this page shall supersede all previous versions.

14.3 You agree that the Provider shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Website, and/or amendments to the T&C, Privacy Policy, Online Purchase T&C and/or any other incorporated agreements or guidelines. Your continued use of the Website after such modifications or amendments shall constitute an acceptance of your agreement to be bound by the aforesaid documents, as amended.

15. SUSPENSION AND TERMINATION

15.1 You agree that the Provider may, under certain circumstances and without prior notice, suspend or immediately terminate your access to the Website, bar any further use of the Services and remove any associated profiles, works, information or contact details thereof.

15.2 Cause for such suspension or termination shall include, but not be limited to:

(i) breaches or violations of the T&C, Privacy Policy, Online Purchase T&C and/or any other incorporated agreements or guidelines;

(ii) requests by law enforcement or other government agencies;

(iii) discontinuance of the Website (or any part thereof); and

(iv) unexpected technical or security issues or problems.

15.3 You agree that all suspensions or terminations for cause shall be made at the Provider�s sole discretion and that the Provider shall not be liable to you or any third party for any such termination.

16. OFF SITE LINKS

16.1 The Website may provide, or third parties may provide, links to other Websites or resources.

16.2 You understand and acknowledge the Provider has no control over such sites and resources. In this respect, you also acknowledge and agree that the Provider is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources.

16.3 You further acknowledge and agree that the Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

EMAIL POLICY

17.1 We will not respond unless required to do so by law to any electronic mail (�Email�) sent to us which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. We reserve the right to take such action as we in our sole discretion deem fit in respect of such material.

17.2 All Emails received will be taken to be submitted, where appropriate, for publication, free of charge. If you wish to negotiate a fee for the publication of your exclusive material you should email us at data@yearbookmachine.com and state your name, address and, if applicable, a contact telephone number, in your Email. Your Email should clearly state that the material contained in the Email has been submitted for the purposes of negotiating a fee for the publication of that material. It must not be sent to any other email address or to a User or to any other third party.

17.3 We will not disclose any personal information under any circumstances of any staff, employee, contractor or worker of the Provider and/or the Provider�s associates. Where appropriate we will endeavour to respond to all Emails within 3 days of receipt, but we cannot and do not guarantee to respond to any Emails. Subject to any applicable statutory provisions, all Emails will generally be stored until such time they are no longer required by the Provider. Any Email sent to the incorrect destination is liable to be deleted immediately.

18. PRIVACY POLICY

18.1 The use of the Website is subject to our Privacy Policy, which is incorporated into this T&C by reference.

19. NO THIRD PARTY BENEFICIARIES

19.1 You agree that, except as otherwise expressly provided in this T&C, there shall be no third party beneficiaries to this T&C, and that you may not assign your profile or registration to any other persons.

20. NOTICES

20.1 If you choose to provide us with a nominated email address, unless you expressly inform us otherwise, the Provider may communicate with you by providing you with notices regarding updates, changes or additions to this Website or the Services.

GOVERNING LAW

21.1 This T&C and any non-contractual obligations arising out of or in relation to the T&C shall be governed by and construed in accordance with the laws of England and Wales.

JURISDICTION

22.1 You understand, agree and acknowledge that the courts of England and Wales are to have non-exclusive jurisdiction to settle any dispute (including claims for set-off and counterclaims and disputes relating to any non-contractual obligations) which may arise out of or in connection with the T&C and for such purposes irrevocably submit to the jurisdiction of the aforesaid courts.

ENTIRE AGREEMENT

23.1 The T&C constitute the entire agreement between you and the Provider and govern your access and use of, or purchase through or in connection with, the Website, superseding any prior agreements between you and the Provider.

23.2 You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services of the Provider, affiliated services, third-party content or third-party software.

24. WAIVER AND SEVERABILITY OF TERMS

24.1 The failure of the Provider to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision.

24.2 If any provision of the T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the T&C remain in full force and effect.

25. VIOLATIONS AND INFRINGEMENTS

25.1 Any violations or infringement of the T&C should promptly be reported by the User by emailing the Provider at data@yearbookmachine.com

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ONLINE PURCHASE TERMS AND CONDITIONS

The Online Terms and Conditions contained herein (�Online Purchase T&C�) are supplementary provisions to the General Terms and Conditions (�T&C�) and are incorporated into the T&C by this reference. Unless otherwise defined herein, all capitalised terms are defined in the T&C.

1. PURCHASE OF YEARBOOK AND CUSTOMISED ITEMS

1.1 Yearbooks and Customised Items (collectively, �Products�) are offered to Purchasers through or in connection with the Online Payment Facility of the Website.

1.2 All orders placed by you through or in connection with the Online Payment Facility (�Order�) represent an offer to purchase a Product only. The Provider is not bound by any Orders, and you acknowledge and agree that the purchase of a Product pursuant to an Order is subject to availability. The Provider reserves the right to accept or reject an Order in whole or in part, vary such Order and/or suspend or discontinue the supply any Products in respect of any Order.

1.3 For the purposes of the T&C, an �Order Confirmation� shall be deemed to have occurred when the Provider sends an Order Confirmation Email to the Purchaser accepting in writing the Order or part or modified Order, as the case may be AND full payment of the purchase price in respect of the same (�Purchase Price�) together with any delivery charges required to be paid in accordance with Clause 3.1 (together, �Total Price�) has been made by the Purchaser.

1.4 A Contract of Sale of Goods based on the terms and conditions of this Online Purchase T&C and the general T&C is formed on Order Confirmation.

2. PRICES

2.1 The Purchase Price of each Product is stated in pounds sterling and shall be inclusive of UK VAT at the appropriate rate, where applicable. If you purchase a Product outside of the UK, you will be responsible for any other taxes, liabilities or duties incurred for, or in connection with, the purchase of the Product.

2.2 Payment of the Purchase Price and any delivery charges thereof may be made by way of cash, cheque, credit card, PayPal or any other methods as may be specified by the Provider from time to time.

DELIVERY AND DELIVERY CHARGES

3.1 You hereby acknowledge and agree that the Provider may, at its sole and exclusive discretion, impose delivery charges in respect of any Products required to be delivered to you, and that you must pay for all such delivery charges at the same time you pay the Purchase Price in respect of the Product.

3.2 We aim to deliver the Product within 56 days of Order Confirmation. However, printing times may vary and notwithstanding the aforesaid, time shall not be of the essence in respect of delivery, and delivery may not be refused by you, whether such deliveries were made in whole or in part. Any dates specified for delivery are only estimates and the Provider shall not be liable for any loss or damage arising from, or incurred in respect of, any deliveries made after such estimated dates.

3.3 Deliveries of all Products are undertaken by a courier service engaged by the Provider (�Courier Service�). Such deliveries shall be made to the address specified in your Order (�Delivery Address�) and shall not be made to any other addresses unless you notify us in writing otherwise prior to us supplying the Product to the Courier Service.

3.4 For the purposes of this Online Purchase T&C, �delivery� shall be deemed to have occurred when either of the following applies:

(a) you or any other person present at the Delivery Address who is of at least 18 years of age (�Delivery Recipient�) accepts delivery of the Product by signing on the relevant page of the Courier Service�s delivery docket and/or on any other documents required by the Courier Service as proof of the said delivery; or

(b) if applicable by reason of Clause 3.5, the Delivery Recipient collects the Product from the Courier Service�s premises by signing on the relevant page of the delivery docket and/or on any other documents required by the Courier Service as proof of the said collection.

3.5 For the purposes of Clause 3.4(b), you hereby acknowledge and agree that if the Courier Service is unsuccessful in making delivery of the Product to you at the first attempt upon arriving at the Delivery Address, you must comply with any instructions left by the courier service at the Delivery Address for the delivery of the Product, including any requirement to collect the Item from the Courier Service�s premises. The Provider shall not be liable for any loss or damage arising from, or in connection with, your failure to comply with the aforesaid instructions or from your failure to accept delivery of the Product at the Delivery Address.

4. TITLE AND RISK

4.1 Risk of loss and damage to the Product shall pass to you on Delivery.

4.2 Title in and to the Product shall also pass to you on Delivery.

5. ONLINE PAYMENT

5.1 Payments made by means of the Website�s online payment process offered in conjunction with the Online Purchase Facility are made using SSL encryption or other forms of secure data protection. Notwithstanding the aforesaid, the transmission of information through the internet is never entirely secure. We will do our best to protect your information but we are unable to guarantee the security of any such information submitted or provided through or in connection with the Website. Accordingly, you hereby acknowledge and agree that:

(a) any submission or provision of information (including provision of credit card information) by you through or in connection with the Online Purchase Facility is made at your own risk and that the Provider disclaims any and all liability for, or arising in connection with, any interception, 'hacking' or other unauthorised access of such information through the Website by any unauthorised third parties; and

(b) you are responsible for ensuring that the transaction, credit card information and all other details you provide in relation to your payments made through the Online Purchase Facility are correct. The Provider disclaims any and all liability for, or arising in connection with, any incorrect transactions, errors or otherwise caused by factors outside of our control.

5.2 Subject to the other provisions of this Clause herein, if for any reason the Provider is held to be liable to you in relation to the online payment process, the extent of the Provider�s total liability shall be limited to an amount equivalent to the Purchase Price for the Product or Products paid by you.

6. RETURN POLICY

6.1 The majority of our Products are made on demand and customised to your requirements and preferences, and accordingly, the �cooling off� period under the Consumer Protection (Distance Selling) Regulations 2000 will not apply. Subject to the other provisions contained in this Clause, you may only reject or return a Product on the following conditions:

(a) the Product:

(i) is not a customised or personalised Product; or

(ii) is defective, unmerchantable or is otherwise not in accordance with the Order Confirmation Email (whether or not it is a customised or personalised Product);

(b) you give us:

(i) notice of your intention to return the Product;

(ii) your Order Confirmation number; and

(iii) details of your claim,

by way of an email to returns@yearbookmachine.com or by phone to 07540984429 within 14 days from the date of delivery, and you have secured a return authorisation number from us prior to returning the Product;

(d) the Product is returned �as-new� and in a saleable condition, and with the original proof of purchase receipt; and

(e) the Product is returned on the basis that risk in the Product shall remain with you until we receive the Product.

6.2 The Provider�s liability arising in respect of a return made in accordance with this Clause shall be limited to:

(a) the replacement or supply of a Product of equal value, or the repair of the defective Product; or

(b) the refund of the Purchase Price paid for the Product if, at the Provider�s sole and exclusive opinion, it is unable to replace the Product, or resolve the defect.

6.3 The Provider shall not be required to accept any return Products, or to replace or repair any Products, or to refund the Purchase Price or any part of the Purchase Price to you, where, in the opinion of the Provider, you or any other persons handling, using or dealing with the Product subsequent to delivery have caused the Product to become damaged, defective or unmerchantable or have failed to take steps to prevent the Product from becoming damaged, defective or unmerchantable.

6.4 Save for any obligations which cannot be excluded by law, the Provider excludes to the fullest extent permitted by law, all conditions, warranties, representations, liabilities and obligations, whether express or implied, including any conditions or warranties as to merchantability, fitness for purpose, correspondence with description or any other conditions or warranties in respect of the Products.

7. OTHER EXCLUSIONS OF LIABILITY, INDEMNITY AND TERMS AND CONDITIONS

7.1 The Provider�s exclusion of liability relating to Contents of all Yearbooks and Customised Items, general exclusions, indemnity and all other terms and conditions governing the access and use of the Website and the Services, including terms and conditions governing the Contents of Yearbooks and Customised Items are contained in the general T&C of the Website. By submitting an Order for the purchase of a Product using our Online Purchase Facility, you hereby acknowledge that you have read, and understand, and agree to be bound by the general T&C of the Website.