Terms and Conditions

Please Read These Terms and Conditions of Use Carefully Before Using This Site.

The website http://www.londondrugs.com (including https://photolab.londondrugs.com) (“Website”) is owned and operated by London Drugs Limited. The online London Drugs photo lab (“LD photo lab”), which forms part of the Website, is governed by the terms and conditions of use set out below, in addition to all other applicable web pages and legal terms that may be found from time to time on the Website, including without limit those legal terms found at LD Legal (collectively the “Terms and Conditions”) and the London Drugs Privacy Policy. By your use of LD photo lab and the services available on or through use of LD photo lab (the “Services”) or by otherwise agreeing to purchase any product provided on LD photo lab, you indicate that you accept the Terms and Conditions, and that you agree to be bound by and subject to them. Acceptance of the Terms and Conditions creates a binding legal agreement between you (“you” or “user”) and London Drugs that you will use the Services or purchase the products only in a manner that is consistent with the Terms and Conditions, which is a condition of your continued access to LD photo lab and use of the Services. If you do not agree with the Terms and Conditions, you may not access LD photo lab or use the Services.

The term "London Drugs" or “we” used on LD photo lab or in these Terms and Conditions will be deemed to include London Drugs Limited and its affiliates, subsidiaries, successors and assigns.

 

Modifications to Services and Terms and Conditions

London Drugs reserves the right, in its sole discretion, to make any updates, modifications and adjustments to the Services, including without limit products, prices, product warranties, specifications and availability, and to the Terms and Conditions, at any time without prior notice. Each time you use LD photo lab or the Website, it is your responsibility to check the Terms and Conditions for changes. Your continued use of LD photo lab and the Website following the posting of changes to any Terms and Conditions will mean you accept those changes.

 

Prices and Availability; Errors & Omissions; Returns

All prices are subject to applicable provincial and federal sales tax, handling charges and shipping charges. All prices quoted are in Canadian dollars. London Drugs reserves the right to limit quantities and to correct errors or omissions prior to processing a purchase request. London Drugs does not guarantee the availability of any products or Services described on LD photo lab. While London Drugs strives to provide accurate product and pricing information, errors in such information may occur. We do not warrant the accuracy of any specifications, pricing, warranty or other product information contained on LD photo lab and any information included is subject to change by London Drugs at any time. Without limiting the generality of any other terms and conditions on LD photo lab, London Drugs does not accept liability for any errors or omissions which may be found on LD photo lab or for unavailability of any product or any of the Services. If a product or Service appears with any incorrect product or pricing information, London Drugs reserves the right to cancel any orders for the product or Service.

All product returns are governed by the LD photo lab Return Policy. Click Return Policy to view this policy.

 

License

In order for London Drugs to provide Services to you, and as a condition to the use of the Services, you hereby grant to London Drugs a perpetual, irrevocable, worldwide, royalty-free and fully paid-up, non-exclusive license to copy, display, modify, adapt, transmit, publish, make derivative works of, distribute and otherwise use any content transmitted or provided to London Drugs by you (collectively, “User Content”) for the sole purpose of processing your order and providing the Services and any ordered products to you.

You acknowledge that London Drugs may in its discretion engage service providers and other suppliers, including third parties to whom London Drugs may outsource some or all of the provision of LD photo lab and the Services, and you hereby authorize London Drugs to make the User Content available to such service providers and suppliers.

We will not use or modify your User Content for advertising purposes or any other purposes without obtaining your express permission.

Furthermore, and as a condition to your access to LD photo lab and use of the Services, you represent and warrant to London Drugs that you are the owner of the copyright to the User Content or that you have written permission from the copyright owner to submit the User Content to London Drugs and to provide London Drugs with the rights set forth in this paragraph. In addition, you warrant that all moral rights in any uploaded materials have been waived in writing.

 

User's Warranties and Representations

You represent that you have reached the age of majority or legal age in your jurisdiction and have the ability to enter into legally binding contracts under applicable law.

You warrant the accuracy of all information provided to London Drugs, including, but without limitation, your name, address, and credit card information, and agree to keep this information accurate and updated. London Drugs is under no obligation to ensure the accuracy of any information entered by any user of LD photo lab.

You warrant that, the User Content and your use of the Services, and the exercise by London Drugs and its service providers of the rights granted under the heading “License” above does not and will not violate any applicable laws (including any electronic communications and anti-spamming laws) or violate or infringe any trademark, copyright, moral rights, or other intellectual property rights or any privacy, data protection, publicity or personality rights of any person or legal entity whatsoever, including without limitation rights of those individuals shown in the User Content. London Drugs is under no obligation to ensure that material placed on LD photo lab does not infringe applicable laws, as well as user or third party rights.

You warrant that the User Content does not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, any form of spam, or any other Prohibited Material.

 

Prohibited Material

You may NOT place any material on LD photo lab, including as any part of User Content:

(a) that is threatening, harassing, hateful, violent, abusive, obscene, pornographic, sexually explicit, libelous, defamatory, profane or that could give rise to any civil or criminal liability under any applicable law, or that is otherwise inappropriate, objectionable or offensive;

(b) that could infringe any trade-marks, copyrights, or any intellectual property of any kind whatsoever or rights of privacy or publicity without the express permission of the owner of these rights and the persons who are shown in the material;

(c) sent from an anonymous, unverifiable or false address;

(d) that implies that London Drugs endorses or is in any way associated with any User Content;

(e) that contain(s) any information or computer code that is intended to, or is likely to, damage, interfere with, alter, intercept or expropriate any data or system, such as Trojan horses, worms, phishing emails, time bombs, cancelbots and other unauthorized computer programming routines; (collectively, “Prohibited Material”).

London Drugs has the sole discretion to determine whether material submitted is Prohibited Material and to refuse to accept any material (whether Prohibited Material or not). Any material submitted to London Drugs may be subject to examination from time to time. You acknowledge that although London Drugs does not and will not examine and review all material submitted or transmitted to London Drugs and is not responsible for User Content or the screening, policing, editing, or monitoring of User Content, London Drugs has the right, but not the obligation, to review, delete, move, edit and take any other action with respect to User Content that it deems necessary or appropriate in its sole discretion, for any reason, at any time, without notice or liability to users or any third parties. You acknowledge that any information and material, including without limitation User Content, may be removed, published, copied, modified, reported, transmitted and displayed by London Drugs to comply with a legal obligation, court order, subpoena or lawful request from governmental authorities, including but not limited to compliance with the notice-and-notice regime under the Canadian Copyright Act.

 

Indemnification

Each user of LD photo lab and the Website agrees to indemnify, defend and hold harmless London Drugs, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including without limitation reasonable legal fees, resulting from or relating to your use of the Website, including LD photo lab, or your violation of the Terms and Conditions or any applicable laws including, but not limited to trademark, copyright, privacy or personality rights, whether such violation or activity is done by the user or any other person accessing LD photo lab and the Website using the user's account.

 

DISCLAIMER AND LIMITATION OF LIABILITY

LONDON DRUGS AND ITS SUPPLIERS PROVIDE LD PHOTO LAB AND THE SERVICES, INCLUDING ANY PRODUCT PURCHASED OR LICENSED THROUGH LD PHOTO LAB , ON AN "AS IS, WHERE IS, AS AVAILABLE" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OF ANY KIND WITH RESPECT TO LD PHOTO LAB OR ANY OF THE SERVICES, INCLUDING ANY PRODUCT PURCHASED OR LICENSED THROUGH LD PHOTO LAB. LONDON DRUGS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF AVAILABILITY, COMPLETENESS, ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE GREATEST EXTENT PERMITTED BY LAW. LONDON DRUGS AND ITS SUPPLIERS DO NOT WARRANT THAT (A) THERE WILL BE NO INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES OR LD PHOTO LAB, (B) YOUR REQUESTS WILL BE HONOURED ACCORDING TO YOUR SCHEDULE OR ANY SCHEDULE, (C) THE SERVICES OR LD PHOTO LAB WILL BE TIMELY, SECURE OR ERROR-FREE, (D) ANY ERRORS IN USER CONTENT OR OTHERWISE WILL BE CORRECTED, OR (E) ANY CONTENT ON OR ACCESSIBLE THROUGH USE OF LD PHOTO LAB IS LAWFUL OR APPROPRIATE.

NONE OF LONDON DRUGS OR ANY OF ITS SUPPLIERS OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES, CLAIMS, EXPENSES OR OTHER COSTS (INCLUDING WITHOUT LIMITATION LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF LD PHOTO LAB AND SERVICES, ITS CONTENTS OR THE PURCHASING OF ANY PRODUCTS PROVIDED ON LD PHOTO LAB. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOSS OF PROGRAMS, DATA, INCOME OR PROFIT, LOSS OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF LONDON DRUGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

IF THE FOREGOING LIMITATIONS ARE NOT PERMITTED BY LAW, THEN IN NO EVENT WILL THE TOTAL LIABILITY OF LONDON DRUGS OR ANY OF ITS SUPPLIERS TO USER FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY USER FOR THE SERVICES. YOU HEREBY WAIVE ANY CLAIM FOR DAMAGES IN EXCESS OF SUCH AMOUNT.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USING THE SERVICES AND LD PHOTO LAB. YOU UPLOAD, DOWNLOAD, SHARE AND TRANSMIT CONTENT THROUGH THE SERVICES OR LD PHOTO LAB AT YOUR OWN RISK.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU SUBMIT ANY DIGITAL FILES TO LONDON DRUGS THROUGH LD PHOTO LAB FOR PROCESSING, PRINTING OR ANY OTHER HANDLING, IT IS EXTREMELY IMPORTANT THAT YOU DO NOT ERASE SUCH DIGITAL FILES FROM THEIR ORIGINAL SOURCE UNTIL YOU HAVE PICKED UP YOUR PHOTOFINISHING ORDER. LONDON DRUGS ACCEPTS NO LIABILITY IN THE EVENT THAT YOUR DIGITAL FILES ARE IMPROPERLY DOWNLOADED, LOST, DAMAGED OR CORRUPTED IN ANY WAY.

 

Termination

You agree and acknowledge that London Drugs, in its sole discretion, may terminate your use of the Services, and remove and discard any material you have submitted to London Drugs including, but not limited to, any and all information, communications, albums, image files, User Content, or any other content within the Services, at any time, without notice, for any reason, or for no reason.

Without limiting the generality of the foregoing, London Drugs may delete User Content which has not been accessed for more than 60 days. London Drugs may, in its sole discretion and without obligation, send an email warning of such deletion within a specified period of time to the e-mail address supplied by the user.

London Drugs, in its sole discretion and at any time, with or without notice, may also suspend or discontinue providing any or all of LD photo lab or the Services or products offered through LD photo lab.

User agrees that London Drugs will not be liable to user or any third party for any of the actions described under the heading “Termination”.

 

Trade-Marks

LONDON DRUGS, the London Drugs Logo and London Drugs photo lab are trade-marks of London Drugs. Other registered and non-registered trade-marks, related words, domain names and logos which are the property of London Drugs may appear from time to time on LD photo lab and the Website. All other trade‑marks, product names and company names or logos cited herein which are not the property of London Drugs are the property of their respective owners. London Drugs' trade-marks may not be used without London Drugs' express authorization and, without limiting the generality of the foregoing, London Drugs' trade-marks may not be used in connection with any products or services which are not London Drugs' or authorized by London Drugs, or in any manner that is likely cause confusion among customers or potential customers of London Drugs, or in any manner that disparages or discredits London Drugs.

 

Copyright

Excluding User Content, all material contained on or available through LD photo lab (including the content, site design, text, graphics, and the selection and arrangement thereof) are copyright owned by London Drugs or its licensors as the case may be. ALL RIGHTS RESERVED.

 

Use of Content

With the sole exception of User Content, no material from LD photo lab may be copied, reproduced, republished, posted, transmitted or distributed in any way except as expressly authorized in writing by London Drugs. The user may view LD photo lab and print, in hard copy, portions of LD photo lab only for personal, non-commercial purposes. With the sole exception of User Content, the use of any such material in any other way, for any other reason, on any other website, or the modification, distribution or republication of such material without prior written permission from London Drugs is strictly prohibited. You may not remove, obscure or otherwise deface any proprietary notices appearing in any such material.

 

Storage of User Content

In conjunction with the provision of photo finishing services, London Drugs may make up to 300 MB of digital storage space available to its registered users for up to 30 days, which amount may be varied by London Drugs at its sole discretion from time to time, for the storage of User Content, subject to the termination section set out above.

 

Password Access

London Drugs will provide each user who wants to set up an account with password protected access to their User Content. It is each user's responsibility to keep their password confidential, and London Drugs will not, in accordance with the disclaimer and limitation of liability section set out above, be liable for any loss or damage suffered by a user due to the loss, unauthorized use or theft of their password or otherwise.

 

No resale

You will not reproduce, duplicate, copy, sell, resell or exploit any part of the Services. London Drugs reserves the right in its sole discretion to limit or prohibit your use of the Services.

 

Severability

In the event that any parts of the Terms and Conditions are held to be indefinite, invalid, illegal or otherwise voidable or unenforceable, the other parts of those Terms and Conditions will not fail on account thereof, and the balance of the Terms and Conditions will continue in full force and effect.

 

Assignment

London Drugs may assign its rights under these Terms and Conditions without notice to you. You may not assign your rights and obligations under these Terms and Conditions.

 

Governing Law and Jurisdiction

LD photo lab and the rest of the Website (excluding linked websites) is controlled by London Drugs from its offices within the Province of British Columbia, Canada. LD photo lab and the rest of the Website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these places has laws that may differ from those of the Province of British Columbia, Canada, you agree that all matters relating to the Services, LD photo lab and the rest of the Website, or any other hyperlinked website, will be governed by the laws of the Province of British Columbia and the laws of Canada applicable to that province, without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of British Columbia and acknowledge that you do so voluntarily. You are responsible for complying with your own local laws. Except as otherwise prohibited by law, any claim or dispute against London Drugs must be brought within one year from the date the cause of action arises.

 

Entire Agreement

The Website and the Terms and Conditions constitute the entire agreement between you and London Drugs governing your access to and use of LD photo lab.

 

No Waiver of Rights

The failure of London Drugs to exercise or enforce, or delay in exercising or enforcing, any right or provision of the Terms and Conditions will not constitute a waiver of such right or provision. The waiver of London Drugs of any breach of any provision of the Terms and Conditions will not be deemed to be a waiver of any subsequent breach of that provision or of any similar provision.

 

Version Date: January 6, 2016