Rapid Photo

Terms & Conditions

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Thanks for visiting Rapid Photo. We’ll do all we can to ensure you have an enjoyable shopping experience, and that you are completely happy with your cards or gifts.

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Now for the legal bit…

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1. Introduction
2. Trading details
3. Ordering from us
4. Supply and pricing of goods
5. Delivery
6. Changing or cancelling an order
7. Returns and refunds
8. Use of the Website
9. Mugs and sizing information for personalised T-shirts
10. Offers and Promotions
11. General
12. Rapid Photo Reviews terms of use

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1. Introduction

These terms and conditions (The “Terms”) set out your rights and obligations, and those of Rapid Photo Limited (“we” or “us”), in relation to this website, www.RapidPhoto.co.uk (the “Website”), and any products, services and material of any kind available through the Site,
or us (the “Services”).

When we refer to “Rapid Photo” in these Terms, we mean us, the Site, and the Services, according to the context.

By registering with Rapid Photo, you accept that you are entering into a contract with us under these Terms. People who register with Rapid Photo establish an “Account”, and become “Users”. Visitors to Rapid Photo who do not register with Rapid Photo, but who nevertheless use the Site, affirm that they are bound by these Terms each time they access Rapid Photo.

You must be at least 16 years of age to use this website or the app.

If you do not agree to these Terms, you must not use this Website.

You should be aware that these Terms may change from time to time in accordance with section 13 below.

You will be able to access most areas of Rapid Photo without registering your details with us. Other areas, and the opportunity to place orders with us, are only open to you if you register. I agree to the Terms & Conditions and Privacy Notice, and I am 16 years or older.

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2. Trading details

Whenever you buy a product through this Website, you will be contracting with Rapid Photo Limited, a limited liability company incorporated in England and Wales.

Registered office:  

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3. Ordering from us
3.1. Product description

We use our reasonable endeavours to make sure that every product on Rapid Photo is shown accurately and that prices are correct. However, occasionally there may be small variations in colour, typefaces and layout.

3.2. Placing your order

A contract for the purchase of a product is created as follows:

• The User places the order on the Site or App by pressing an order confirmation button (“Checkout”) at the end of the checkout process: if the product in question includes content
  selected by the User it is a “personalised product” if it is a standard product which does not include any content selected by the User it is a “non-personalised product”

• By confirming your order, you are agreeing to purchase the product you have selected

• At this point, we take payment for your order by means of your nominated payment method

• We will send to you a “Thank you for your order” email detailing your order, and other information we must provide to you

From time to time, we may reject an order for the following reasons:

1. If, unfortunately, we do not have your chosen product in stock
2. Where we cannot obtain authorisation for your payment
3. If there has been a relevant pricing or product description error
4. If your order otherwise breaches any of the requirements of these Terms
5. The use of images for a personalised product which are corrupted, unsupported technically or inadequately pixelated
6. If a personalised product you wish to order contains anything which contravenes, or appears to contravene, our Content Rules (see section 3.4 below for our Content Rules)
7. Due to the Licensing Act 2003, we are not permitted to sell alcoholic products to anyone under 18. We may refuse an order or a delivery of alcoholic items at our discretion. By placing an order for alcohol, you confirm that both you and the person the order is to be sent to are aged 18 years or over
8. We suspect that the order has been placed fraudulently
9. It appears that the order mistakenly duplicates another order. If your order is rejected, we will contact you to confirm this and reverse the payment you have made for that order. There are limited circumstances in which you may cancel an order after it has been made – see section 6 on this.

Note that we may bar or prevent an individual Account, User, email address or other identifier from making purchases or otherwise interacting with us where we reasonably suspect an association with
fraud or other infringements of the law.

You must be at least 16 years of age to use this website or the app. If you do not agree to these Terms, you must not use this website.

3.3. Personalising products

Rapid Photo aims to provide you with a fast, high-quality service. Please double-check your order on screen and your acknowledgement email carefully to check that all the details are correct. It is up to you to ensure that content you have contributed for inclusion in a personalised product is correct, and (for example) is correctly spelt.

As a courtesy, we may allow you to make changes to your order whilst its status on your “Order History” (under the “My Account” tab) shows as “Order Received” if it is not possible to make the change on-screen (which depends upon the product ordered), then you will need to contact our Customer Service Team via our contact form that can be found here.

If you are uploading a photo, images must be in JPEG or PNG format. Any other format such as Word documents and PDFs cannot be accepted. For best results, we advise that you make the image dimensions approximately 1,000 pixels for the smallest edge of your photos. We print images at 300DPI (Dots Per Inch), so if you are scanning the image we recommend you use this setting. If you try to upload a photo that has a lower resolution or image size, we will accept it. However, an on screen warning will generally appear to let you know that the image may not appear very well on the selected personalised product.

By uploading, posting, contributing or including any content or material in a personalised product, you grant us a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-
licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that content or material solely for the purpose of performing obligations and exercising rights under these Terms. Note that we may modify content or material in order to conform it to Rapid Photo or the requirements of the product you have ordered (such as by cropping images).

3.4. Content Rules

We do not permit personalised products to include any content or material which:

• infringes anyone’s copyright: in particular, you must ensure that you either own the copyright in an image or any other content that you wish to include in a personalised product or that you
  are fully licensed by the copyright owner to include that image or other content in the personalised product

• infringes any other rights, such as a trade mark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality

• contravenes any applicable law (including, without limitation, any criminal law) or regulation

• is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person

• misrepresents identity or impersonates any person includes any material containing personally identifying information about another person, such as their address, phone number, or email address, except with the written approval of that person

• contains material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group

• may harass, upset, embarrass or alarm any person

• gives the impression that it emanates from or has been approved by us

• advocates, promotes or assists any unlawful act

The above are our Content Rules.

3.5. Ordering multiple products

When ordering multiple products as part of the same order, Rapid Photo will inform you on-screen as to whether they will (or can) be despatched on the same day or as part of the same delivery

3.6. Payment

At Rapid Photo, you can pay for your products using credit card, debit card or any other payment method which we make available to you at the time of your order.

3.7. 11pm Despatch Cut Off

• This service applies to all standard, square, large, large square, small cards and postcards available at Rapid-Photo.co.uk/uk

• This does not apply to gifts which need to be ordered by 4pm Monday to Friday for same day despatch

• This does not apply to flowers which need to be ordered by 7.30pm Monday to Friday for same day despatch

• This does not apply to XL cards which need to be ordered by 4pm Monday to Friday for same day despatch

• Card orders placed before 7:30pm Monday to Friday will automatically be despatched the same day using Royal Mail

• First Class Post unless the customer opts for another despatch date, Special Delivery or Saturday Special Delivery

• Card orders placed between 4 and 7.30pm will be despatched either the same day using 7.30pm Royal Mail First Class Post or the following day using Royal Mail First Class Post, Special

• Delivery or Saturday Special Delivery as selected by the customer

• For same day despatch using Royal Mail First Class Post, Special Delivery and Saturday Special Delivery card orders must be placed by 7:30pm Monday to Friday. All weekend and bank holiday card orders will be despatched the next working day (unless selected otherwise by the customer)

• For same day despatch using 7:30pm Royal Mail First Class

• Post card orders must be placed by 7:30pm Monday to Friday.

• All weekend and bank holiday card orders will be despatched the next working day (unless selected otherwise by the customer)

• Packaging and delivery costs for all card orders placed by 4pm with same day despatch or a another specified despatch date will cost the following

• Standard Delviery £4.50

• Express Delivery £9.99

• The 7:30pm order cut off time for same day despatch will not be available during peak periods such as Christmas, Valentine’s Day, Mother’s Day and Father’s Day. During these periods the cut off time for same day despatch will be 2pm

• Due to any major or unprecedented mechanical fault or unforeseen force majeure RapidPhoto.co.uk will endeavour to get all same day despatch card orders in the post as soon as possible but reserves the right to suspend and/or withdraw the 7:30pm delivery service

• RapidPhoto.co.uk reserves the right the change the postage cost at any time

 

4. Supply and pricing of products
4.1. Supply of Products

The cards and other products sold by us through our Website are manufactured and shipped from a range of different in-house and third-party production facilities based in the United Kingdom,
Guernsey and overseas. All of our suppliers of alcoholic goods are fully licenced under the terms of the Licencing Act 2003.

4.2. Transfer of Title

Products despatched from Guernsey

By placing your order with us for a product which is despatched by us from Guernsey, you are agreeing to take title to your products at the point of despatch from our Guernsey production facilities and we will post your products in Guernsey on your behalf. Your rights as a consumer are not adversely affected.

4.3. Prices and VAT

All prices of products shown on the Website exclude Value Added Tax at the prevailing rate. This will be added upson checkout.

4.4. Postage and packaging charges

For most items, prices are shown exclusive of postage and packaging charges; these will be shown separately at the checkout stage before you place your order. In some cases, prices shown may
include postage and packaging. If this is the case this will be clearly stated.

4.5. VAT Receipts

In most cases your order confirmation email contains all the necessary information to constitute a simplified VAT receipt in line with the HMRC guidelines. However, should you require a Full VAT
invoice you can request this via our contact form here. Please allow up to 10 working days for the full VAT invoice to be sent.

4.6. Substitute Products

Please note that if a product is unavailable, we may substitute it with an alternative product unless you request us not to do so.

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5. Delivery

During the order process, Rapid Photo will generally notify you of the despatch dates available and the expected timeframe for receiving your order; however, Rapid Photo does not guarantee delivery dates or
times. We will make you aware of delivery charges (if any) before you place your order.

Expected delivery times and charges will differ depending on which products you order. More details are set out below.

5.1. General despatch information

The despatch date is the day we SEND the item you have ordered, NOT the day it will be delivered.

• Your order is likely to arrive much faster if you use a postcode

• You can check that you have the correct postcode by using the Royal Mail’s handy postcode finder available at www.royalmail.com/find-a-postcode. To state the obvious, we are not responsible for the accuracy of the Royal Mail’s postcode finder

• It is your responsibility to ensure that the delivery address you provide for any order you place is correct

5.2. Circumstances Beyond Our Control

Neither we, nor any delivery service that we use, shall be liable for any failure to perform Services where such failure or delay results from any circumstances outside our reasonable control; these circumstances include but are not limited to adverse weather conditions (such as snow, flood and extreme winds), fire, explosion, accident, traffic congestion, obstruction of any private or public highway, riot, terrorism, act of God, or industrial dispute or strike.

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6. Changing or cancelling an order

Before you request a change or cancellation, it is best to check the status of your order by going to “Order History”, which can be found under the “My Account” tab. Orders can only be changed or cancelled if the status is on “Order Received” If the status displays “Order Printing” or “Order Sent” then it has already been printed or despatched and, unfortunately, cannot be amended or cancelled.

It is best to email us if you need to cancel or change your order.

Please include in your message your order number or the email address you registered with us available so we can answer your query as quickly as possible.

Emails are answered during business hours (Monday – Friday 8.30am – 9.00pm) in the order they are received. It is therefore possible that your order could begin production before your email is processed and we will be unable to make any changes requested in the email.

If you change the despatch date for an order of flowers with a personalised card, we may have to cancel the original order and place a new one. This is to ensure that the personalised card will be sent together with the flowers.

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7. Returns and refunds

At Rapid Photo, we always try to send your products in perfect condition. However, occasionally, a problem can arise. In the unlikely event that a product is faulty, or it is damaged in delivery or is the wrong item, we ask you to contact us to let us know of the problem as soon as possible. We will then advise you on whether you are eligible for a refund or replacement.

7.1. Reporting a problem

If for any reason you are not happy with your Rapid Photo order, please contact our Customer Service Team via our contact form.

You will need to quote your order number, the email address you have registered and the details of the problem with the order.

We aim to acknowledge any complaint within 14 working days (usually it takes 1-2 days), and will do our best to resolve it within 28 days. We may ask you to take a photograph of the product to help us communicate with our suppliers and correct any future problems.

Should it be necessary, we will then advise you how to return your item.

Please note: because flowers are perishable, we need to be informed of any problem with your order within three days of delivery to give us the best chance of resolving the issue. We will, at our discretion, consider issues raised after three days, but reserve the right to refuse a refund or replacement.

7.2. Returning products and issuing refunds

Personalised products: Cards, Mugs, Framed Cards, T-shirts, Alcohol Gifts, Canvas & Acrylics and Phone Cases

Where an item is faulty, we will ask you to return it to us within three days of receipt. You can contact our Customer Service Team for a Freepost returns address. Your right to return items to us in accordance with these Terms is in addition to any other statutory rights you may have.

If you are eligible for a refund, we will reimburse the price you have paid for the product(s) onto the credit or debit card that you paid with.

Alternatively, we may offer to reprint (if applicable) and resend the item free of charge. Please note it is not our policy to offer both a refund and a resend.

Refunds cannot be given if the fault is a result of your own actions such as product misuse or if personalisation is mis-spelt or if you have uploaded an image of a low resolution or size. Please see section 3.3, Personalising products for more information.

Flowers: If the recipient receives damaged flowers or they fail to arrive, please contact us immediately so that we can arrange to re-send on the next available delivery date or a full or partial refund. The amount of partial
refund will depend on the specific circumstances surrounding the flowers.

As is the case with other gifts, it is not our policy to offer both a refund and a resend. Where flowers have been damaged we will normally ask for photographs clearly showing the problem so we can use them to determine what is going wrong with our system or our couriers. Refunds cannot be given for flowers that have died quickly, unless we understand there to be a genuine problem. It is important that flowers are cared for correctly. Putting them by heat sources or draughts, or failing to change the water will damage them. We include instructions and flower-food with all our arrangements. All flowers should normally last five days or longer, although this varies
by variety. In some circumstances, flowers are sent in bud and will not be fully open when they arrive. However, they should open once they have settled at room temperature. It is important that we are contacted as soon as possible regarding issues with your order or the product(s) you have ordered. We need to be informed of any issues within three days of the delivery to give us the best chance of successfully resolving the issue.

Non-personalised products: Soft Toys, Gift Boxes, Food Gifts, Alcohol Gifts, Beauty Gifts, Jewellery

Some of the products you can buy from us, such as soft toys and gift boxes (as long as they are not modified to your requirements), are non-personalised. You have the right to cancel your contract for the purchase of a non-personalised product (other than flowers – for which see above), provided you notify us of the cancellation – either by using our contact form – no longer than 14 days after the day following the day on which the product is delivered. You must return the unused non-personalised product to us within 14 days of notifying us of the cancellation, and must pay the cost of returning the product to our nominated address. We will refund the purchase price you have paid for the product and its standard delivery charges (but not any expedited, tracked or other special delivery charges you may have chosen to pay) within 14 days of its return. However, if the value of the product has been reduced by any handling of it beyond what is necessary to check whether the product is as expected, we may deduct an amount to reflect that reduction in value from the sum we refund to you. Note that the value of a product may be reduced to nothing if its seal (or similar) is broken. Please follow any returns  procedure for non-personalised products which we specify from time to time. Earrings or any jewellery set containing earrings are non- refundable due to health and hygiene reasons.

Note that the right to cancel a contract and return a product as described in the paragraph above does not apply to:

• personalised products

• flowers

• any food, drink or other products which normally deteriorate rapidly

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8. Use of the Website
8.1. Abuse of service

You agree not to use Rapid Photo directly or indirectly for any unlawful purpose, or to cause distress or offence to any person. You also agree not to upload, email to us or print any images or other material which might infringe our Content Rules (set out in section 3.4 above).

8.2. Intellectual Property

All text, software, music, sound, photographs, graphics, video, page layouts, design and other material that appears on the Website is protected by Rapid Photo’s or third party copyrights, trade marks, service marks, patents or other proprietary rights and laws. “PicThi” is our registered trademark, and you agree not to display or use it in any manner without our prior written consent.

You may use and access Rapid Photo to the extent required for the use of the Services in accordance with these Terms, and for the purpose that we make them available. You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material taken from Rapid Photo.

No-one may copy, distribute, show in public or create any derivative work from Rapid Photo, or any of the material which is found on Rapid Photo unless properly licensed in writing by us to do so. You are not allowed to use Rapid Photo (or to copy or use any material found on Rapid Photo) for any commercial purpose other than to conduct the purchase of a product from Rapid Photo.

No-one may use any robot, spider, scraper or other automated means to access Rapid Photo for any purpose without our prior express written permission.

8.3. Website content and service access

We will always try to ensure that Rapid Photo is available 24 hours a day. However, we will not be liable if for any reason the Website is unavailable at any time, or for any period.

8.4. Links

Occasionally, we may provide links to other websites or resources for your convenience. We do not endorse the contents of those websites and are not responsible for their availability or service. We will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked third party websites you do so at your own risk.

8.5. Liability

• We use reasonable care and skill to provide Rapid Photo in accordance with our specifications for Rapid Photo but: the Services are provided “as is”

• We cannot and do not guarantee that Rapid Photo or the Services will meet your requirements. We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these Terms. Nothing in these Terms excludes or restricts our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence, nor our contractual obligations in respect of products we agree to supply following our acceptance of your order in accordance with section 3.2. We are under a legal duty to supply goods which conform to our contract with the User. We, our agents, directors, officers, shareholders, employees and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:

• for any loss of revenue, data, business, anticipated savings,

• profits, opportunity, goodwill or reputation, or for any business interruption

• any loss or corruption of data

• any loss or damage which does not directly result from (or which exceeds that which was caused as a direct result of) our
  breach of this Agreement, howsoever caused or arising

• Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.

We will not be liable for any failure to perform our obligations under these Terms caused by matters beyond our reasonable control.

You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the Terms by you, your use of the Website, or anything done while your Account is logged into the Website.

The provisions of this section 9.5 shall survive the termination or expiry of these Terms.

8.6. Suspension

We reserve the right at any time and without notice (a) to suspend or terminate your ability to access Rapid Photo, (b) to suspend or terminate your use of all or part of the Services and/or any then-current orders for products, and/or (c) to take technical and legal steps to stop you from using Rapid Photo if you appear to us to be in breach of any provision of these Terms. Should we do so, you acknowledge that we shall not incur any liability to you or to any other person.

In addition, we are entitled to suspend provision of all or part of the Services at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.

8.7. Contact from third parties

If anyone contacts us in relation to your or your Account’s use of Rapid Photo or a transaction associated with you or your Account, then you agree:

• to provide all reasonable information and assistance we may require in connection with responding to that contact

• to respond promptly and accurately to it, should we pass the message to you for a response

 

9. Mugs and sizing information for personalised T-shirts

You can find sizing information about personalised t-shirts here and details about our mugs here

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10 . Offers and Promotions

The offers and promotions which we make available on our Website are governed by terms and conditions which will be accessible to you at the time here.

10.1 Rapid Photo Vouchers

Terms and conditions for Rapid Photo voucher codes can be found here.

10.2 Competitions

Terms and conditions for live Rapid Photo competitions can be found here.

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11. General

These Terms are intended to contain your entire agreement with us relating to the Services, the Website.

If any of these Terms is found to be invalid this shall not affect the validity of the remaining provisions which shall remain fully enforceable. Our failure to act with respect to a breach of these terms by you or others does not waive our right to act with respect to subsequent or similar breaches.

Only you and Rapid Photo shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or
otherwise.

We reserve the right to change these Terms from time to time, and post the new version on Rapid Photo. The new version of these Terms will take effect:

• commencing 28 days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of these Terms which is capable of adversely affecting you

• immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not reasonably capable of adversely affecting you – examples of which would include, without limitation, (i) changing the name of, and/or the web-address that you use to access, Rapid Photo, and (ii) the refinement of provisions that are already included or referred to in these Terms In either case, if you do not wish to be governed by the new version of these Terms, you must cease to use the Services and Rapid Photo. For the avoidance of doubt, we will not have any liability to you in that event.

These Terms, the Services and each order and purchase of a product shall be governed by English law.

You and we each submit to the non-exclusive jurisdiction of the English courts in relation to disputes arising in connection with these Terms, the Services and any order for or purchase of a product.

We don’t separately file the Terms entered into by Users when they register for Rapid Photo. Please make a durable copy of these Terms by printing and/or saving a downloaded copy on your own computer.

They are offered in English only.

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12. Rapid Photo Reviews terms of use

By submitting a review on Rapid Photo, you confirm and agree that:

• You are the sole author of the review – none of it has been copied from elsewhere;

•  Your review is accurate and fair;

•  You are at least 18 years old; and

• You grant Rapid Photo a perpetual, irrevocable, royalty-free, transferable right and licence to use, copy and modify your review.

You also agree you will not submit a review:

• That is known by you to be false, inaccurate or misleading;

• That infringes anyone’s copyright, trade mark or other proprietary rights, or a duty owed to any person or entity, such as a duty of confidentiality;

• That breaches any applicable law, or that advocates, promotes or assists any unlawful act

• That is, or may reasonably be considered to be, offensive, abusive, threatening or defamatory;

• That promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group

• For which you were compensated or granted any consideration by any third party;

• That references any other website or service;

• That misrepresents identity or impersonates any person;

• That includes any personally identifying information about any person, such as their name, address, phone number, or email address;

• That is pornographic, obscene or indecent;

• That may harass, upset, embarrass or alarm any person; or

• That comments on any other reviewer

• Rapid Photo reserves the right, in its absolute discretion, to:

• Decline to publish a review; and Remove a review for any reason

For any review that you submit, you grant Rapid Photo a perpetual, irrevocable, royalty-free, transferable right and licence to use, copy, modify, delete in its entirety, adapt, publish, translate and create derivative works from that review in any medium or technology throughout the world.

Rapid Photo reserves the right to change, condense or delete any review content that Rapid Photo deems, in its sole discretion, to breach these Terms of Use. Rapid Photo does not guarantee that you will have any ability to edit or delete any review you have submitted. You acknowledge that you, not Rapid Photo, are responsible for the contents of your review.

By submitting your email address in connection with your rating and review, you agree that Rapid Photo and its third party service providers may use your email address to contact you about the status of your review and for other administrative purposes.

When we refer to “Rapid Photo” in these Terms, we mean Rapid Photo Limited, the www.RapidPhoto.co.uk site, any Rapid Photo application that you access, according to the context.