Terms of Use

Overview

These terms of use govern your use of the website Merton Memories Photographic Archive (“MMPA”) and your relationship with the MMPA, when using MMPA. Please read them with due care.

By using the site, you confirm that you accept these terms of use and agree to comply with them.

If you do not agree to these terms of use, you must not use our site.

The website MMPA and all of its content is fully owned by London Borough of Merton. You acknowledge and agree that data in this website are protected by copyright and their use is subject to limitations and Agreements which are summarised in the Terms of Use.

MMPA have contracted TownsWeb Archiving Ltd, PO Box 6041, Kettering, NN15 7ZD to operate MMPA and have also authorised TownsWeb Archiving Ltd to:

Accept, produce and deliver digital downloads ordered via the website to the customer
Deal with any customer queries submitted via the website (which may subsequently be directed to MMPA)
Accept and process payments for downloads via the website, through the facility of Stripe
Deal with any issues with regards to the website ordered downloads (including refunds)

TownsWeb Archiving Ltd (from this point on will be referred to as “TWA”) have no legal or contractual responsibilities with the customer or visitor to MMPA whatsoever. Separate legal frameworks have been drawn between MMPA and TWA.

All orders for and enquiries relating to photographic prints must be directed to Merton Heritage Service:

Merton Heritage and Local Studies Centre, Merton Civic Centre, London Rd. Morden. SM4 5DX

Tel. 020 8545 3239 Email: local.studies@merton.gov.uk

1. Use of photoarchive.merton.gov.uk

Welcome to the MMPA website which is provided free of charge for your personal use, subject to these terms of use. By using MMPA you agree to be bound by these terms of use.

We may revise these terms of use from time to time by amending this page. Please check this page regularly to take notice of any changes we have made, as they are binding on you.

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

2. Intellectual Property

All design, text, graphics and the selection or arrangement thereof are the copyright of Merton Memories Photographic Archive or of other copyright owners. Those works are protected by copyright law and treaties around the world. All such rights are reserved.

No part of these images may be reproduced, stored in a retrievable file system or transmitted, without the prior written consent of Merton Library and Heritage Service. Digital downloads purchased from this site are available for personal use/private research ONLY.

Any other use of materials on this site (including reproduction for purposes other than those noted above and modification, distribution, or republication) without the prior written permission of Merton Memories Photographic Archive is strictly prohibited.

All trade marks, product names and company names or logos used in Merton Memories Photographic Archive are the property of their respective holders. No permission is given by Merton Memories Photographic Archive Council in respect of the use of its or any such other trade marks, product names, titles or logos and such use may constitute an infringement of the holder's rights.

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All works held on the site are released under a CC-BY-NC licence.

Every effort has been made to ensure that the images displayed on our site are done so fairly, and not in breach of copyright. Merton Library is committed to respecting the Intellectual Property Rights of all contributors to our site, if you do not believe this to be the case or if you have any questions relating to the copyright and this website, please contract the London Borough of Merton at:

The Heritage Service Manager, Local Studies Centre, Second Floor, Morden Library, Civic Centre, Crown Lane, Morden, Surrey, SM4 5DX or telephone 0208 5453239.

We have undertaken and continue to undertake a diligent search of the copyright holder for images where the copyright holder is currently unknown. These images are deemed as orphan works and the copyright shall belong to the London Borough of Merton until the copyright holder is identified or the copyright terms have expired. Reproduction of such material can only be used for a non commercial purpose or private study, and the supply of copies to any other person is prohibited.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Any breach of these terms may result in a civil claim for damages and/or criminal prosecution.

3. Hyperlinks

MMPA may contain hyperlinks to other sites and resources provided by third parties, these links are provided for your information only. These hyperlinks connect you to sites of other organisations which are not our responsibility. We have used our reasonable endeavours in preparing our own website and the information included in it is done so in good faith. However, we have no control over any of the information you can access via other websites. Therefore, no mention of any organisation, company or individual to which our website is linked shall imply any approval or warranty as to the standing and capability of any such organisations, company or individual on the part of MMPA.

4. Applicable Law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

5. Disclaimer

The nature of Internet communications means that your communications may be susceptible to data corruption, interception and delays. MMPA shall not be responsible for any detrimental reliance you place on MMPA or its contents. London Borough of Merton is providing MMPA and its contents (including any downloadable data or software) on an 'as is' basis and makes no representations or warranties of any kind with respect to MMPA or its contents and disclaims all such representations and warranties, whether express or implied, to the fullest extent permitted by applicable law. In addition, MMPA makes no representations or warranties about the accuracy, completeness or suitability for any particular purpose of the information and related graphics published in on MMPA that any software or the server that makes it available are free of viruses or other harmful components.

The information contained in this site may contain technical inaccuracies or typographical errors. All liability of MMPA howsoever arising from any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

Neither MMPA nor any of the London Borough of Merton’s employees, contractors or other representatives will be liable for damages arising out of or in connection with the use of MMPA in any way. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Terms and Conditions for the Print order Process

This page (together with our Terms of Use) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products listed on our website (site) to you.

These Terms will apply to any contract between us for the sale of goods to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any goods from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any goods from our site.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time. Every time you wish to order goods, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms, and any Contract between us, are only in the English language.

1. Image Orders

1.1 Any contract for download purchases made through Merton Memories Photographic Archive will be with TownsWeb Archiving Ltd. The equivalent contract for the purchase of photographic prints rest with Merton Heritage Service (London Borough of Merton).
1.2 TownsWeb Archiving Ltd / Merton Heritage Service(London Borough of Merton) must receive payment of the whole of the price for the goods requested before your order can be accepted. Once payment has been received, we will confirm that your order has been accepted by contacting you via the email address provided in your registration form (downloads) and / or the phone number supplied when ordering prints. Our acceptance of your order brings into existence a legally binding contract between you and us.

2. Price and Payment terms

2.1 The price payable for goods that you order is set out on the website.
2.2 You will be required to pay extra for delivery of hard copy prints and it might not be possible for us to deliver to some locations. We reserve the right to increase charges in the event of Royal Mail raising postal fees. Our delivery charges can be found at http://photoarchive.merton.gov.uk/ordering-prints.
2.3 Payment of the whole of the price for the goods ordered (including delivery) is required prior to delivery. Payment is taken from you at the point we dispatch the Goods from our offices by the method you nominate in your order form.
2.3a For digital downloads, Townsweb Archiving accepts payment by Mastercard, Visa, Visa Electron, Visa Debit, Delta, Connect, Switch, Maestro, Solo, Style, Paypal. Details of our payment card partner Stripe's security policy can be found here. (external link - opens new window)
2.3b For photographic prints, Merton Heritage Service accepts cash payments, Sterling cheques / postal payable to London Borough of Merton. Customers with a Merton Library Service membership can also pay with Credit/debt cards via the Merton Libraries self service system. Card payments are NOT currently accepted for photo orders by non-Library Service members

3. Delivery

3.1 We will deliver the goods by post to the address you give us for delivery on your registration form.
3.2 We only delivery to addresses within the United Kingdom.
3.3 You may place an order for goods from outside the United Kingdom, but this order must be for delivery to an address in the United Kingdom,
3.4 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
3.5 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
3.6 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges can be found at http://photoarchive.merton.gov.uk/ordering-prints

4. Cancellation of the your order by us

4.1 TownsWeb /Merton Heritage Service reserve the right to cancel your order if:

4.1.1 we have insufficient stock to deliver the goods you have ordered; or
4.1.2 we do not have the necessary equipment available in order to produce your goods; or
4.1.3 we do not deliver to your area; or
4.1.4 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from a supplier.

4.2 If we do cancel your order we will notify you by e-mail and will re-credit to your account any sum deducted by us as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

5. Cancellation of the contract order by you

5.1 As we are being asked to create a bespoke product for you based on the crops you have selected and the size of the paper, then subject to clause 6 (below) it is understood that products cannot be returned unless they show signs of defect. Please remember that visual representations of imagery on a computer screen can look different to the same image when printed. If your products have not been created, printed or dispatched then you may be able to cancel, however, any incurred costs will be payable. A defect is defined as: smudged ink or damaged/torn paper. Any other issue (such as out of focus image, dark print etc.) is not defined as a defect as these will be an inherent part of the image that you chose to purchase – please also refer to clause ‘Prints’ below.
5.2 If the product packaging shows signs of damage then please do not accept the product from Royal Mail/Courier, instead please ask that they return the product to the sender. If you accept the product on delivery then you will be stating that the outer packaging is in good order and therefore no damage has been caused in transport.
5.3 To cancel your Download contract you must notify us in writing at the TWA PO Box address above (see Overview Section). To cancel the Photographic Print contract, you must notify Merton Heritage Service by email address local.studies@merton.gov.uk or in writing, either prior to your items being dispatched or within 3 days of receiving them. Please include your order number, date of order and details of items ordered and information about the defect. We would normally immediately acknowledge receipt of such correspondence and therefore you must not assume that by sending a letter that we have received it. If no acknowledgement has been received within 7 days of sending your correspondence then please try other means of contacting us.
5.4 If you have received the goods before you cancel your order then you must send the goods back to us (to a delivery address that we will provide on your request) at your own cost and risk. If you cancel your order but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us (to a delivery address that we will provide on your request) at your own cost and risk as soon as possible.
5.5 Once you have notified us that you are cancelling your order, and assuming that the product contains a defect as stated above, then any sum debited by us from your payment card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.

6. Liability

6.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us of the problem, in writing, at the TWA PO Box address or Merton Heritage Service address/email (see Overview Section) within 20 working days of the delivery of the goods in question [LMK1].
6.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us of the problem, in writing, at the TWA PO Box address (downloads) /or Merton Heritage Service address (prints), within 40 days of the date on which you ordered the goods.
6.3 If you notify a problem to us under this clause, our only obligation will be, at your option:

6.3.1 to make good any shortage or non-delivery;
6.3.2 to replace or repair any goods that are damaged or defective; or
6.3.3 to refund to you the amount paid by you for the goods in question in whichever way we choose.

6.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.3.3 above.
6.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

7. Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us (re. download orders) must be in writing and sent to the TWA PO Box address (see Overview Section). All notices from you to us (re. print orders) must be in writing/email to the Merton Heritage Service postal address/email address. All general customer information notices from us will be displayed on the Merton Memories website.

8. Events beyond our control

We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

9. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

10. Privacy and data protection

Please refer to LBM's privacy statements on the Merton Memories Photographic website. You acknowledge and agree to be bound by the terms of our privacy policy.

11. Third party rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

12. Governing Law

The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

13. Entire Agreement

These terms and conditions, together with the order and acceptance, the current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

Prints

Image displayed may not be an exact representation of the image in the archive. Colour and contrast may differ. Some images may be required to be cropped to the size you select - therefore your print may not show the entire image. Your print may show a white border depending on the size of the image and the size of print you have ordered.