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Welcome to the Fotobox Internet printing service,
run in conjunction with Fujifilm (UK)Ltd. the terms of which are detailed
below. Acceptance of these terms is mandatory for the use of this service.
If you have any questions regarding these terms and condition please contact
us via e-mail.
1) Definitions
In these Terms and conditions we use these expressions, which have the following
meanings (unless otherwise stated):
The 'Services' means the Fotobox Internet Printing services.
The 'Content' means all the photos, words and other material displayed on the
Website.
The 'Member' means any user of the system.
'We' means Fotobox & Fujifilm (UK) Ltd
2) Use of the Services
You will not use the Services for any of the following purposes;
(a) any purposes whatsoever which are unlawful, which might encourage conduct
constituting a criminal offence, or which might constitute or give rise to the
misleading or deception of any person;
(b) any purposes which are abusive, threatening, harmful, vulgar or obscene or
which may constitute or encourage harassment or be otherwise objectionable.
(c) Any use of material that contains any contaminating or destructive codes
such as viruses, worms, 'Trojan horses' or any other similar features.
(d) Any spamming (unsolicited junk mail), chain letters or other use that may
otherwise disrupt the Services or the networks through which you access and use
the Services.
(e) Use of any copyrighted material without the express permission of the copyright
holder.
(f) To gain or attempt to gain unauthorised access to any servers controlled
by us, or decompile, reverse engineer or disassemble any software used in connection
with this Website, which for the avoidance of doubt includes any hacking.
We shall decide, at our discretion, whether your use of the Services constitutes
any breach of the above restrictions. We reserve the right to refuse to print
photo images, data or files that we learn may be illegal, may breach the above
terms of use, may violate the rights of any third party or otherwise may be reasonably
objectionable. You confirm that we shall not be liable to you or to any third
party as the result of any such refusal, or removal. For the avoidance of doubt,
you are responsible for keeping back-up copies of any of your Images.
3) Use of third party websites and software
We may make software owned or operated by third-party companies available to
you. You must only use this software in accordance with the terms and conditions
imposed by the third-party provider. We may provide links to third-party sites
that might be of interest to you. We have no control over the content or availability
of the content of these sites. It is your responsibility to become familiar with
each site's privacy and other policies and terms of service, and to contact that
site's Webmaster or site administrator with any concerns. We have no control
over and will accept no responsibility or liability for the material on any website
not under our direct control or jurisdiction. Your correspondence or participation
in promotions, or business dealings with advertisers found on or through the
system, including payment and delivery of related goods or services, and any
other terms, conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that we shall not be responsible
or liable for any loss or damage of any sort incurred as the result of any such
dealings, or as the result of the presence of such advertisers on or through
the Services.
4) Copyright
There are copyright laws to prevent people from reproducing images and photographs
unless they own the copyright or are authorised by the copyright owner. In the
simplest terms, the copyright owner is the person who created the image or took
the photograph. You agree to only have uploaded via our stores or upload at home
(as applicable) images and photos in which the copyright is vested in you. You
agree not to infringe the rights of any third party putting these images and
photos on the Website. In order for us to make your photos available to you as
prints, you grant us the right to reproduce them. You understand that we are
unable to provide you with permission to Print, Reproduce photos or images belonging
to others. You are solely responsible for any copyright violations that you may
incur as a result of your activities on the system. If you believe that any images
or prints have been copied in a way that constitutes copyright infringement,
we have a process in place to respond to your concerns.
5) Acceptance of orders
We accept all orders for products and Services, subject to availability and which
are in accordance with the use of the Services stated in these Terms and conditions.
All credit and charge card orders are subject to validation checks and authorisation
by the card issuer. If the issuer of your payment card refuses to authorise payment
to us, we will not be liable for any delay in delivery or non-delivery. Payment
will be debited from your account before your purchase is dispatched.
6) Restrictions on images
You are not allowed to upload, to us or order prints of any images or
other material which contain, pornographic or obscene images, racist images & material
that is likely to incite hatred against any person or group, blasphemous
or defamatory or other such images. Images of any criminal act and material
the use or inclusion of which infringes any copyright, trademark or other
intellectual property right of any third party, We may at our discretion
contact law enforcement authorities if we believe that anything unlawful
is occurring or has occurred in relation to the web site (including the
uploading or emailing of any images in breach of the above restrictions).
We may provide copies of any relevant images or material to the law enforcement
authorities and in that connection may also give them access to any personal
data that is held by us. We may without notice and at our sole discretion
delete or remove any image that has been uploaded, emailed or submitted
for printing in breach of these terms. We may refuse to provide any further
services to anyone who breaches these terms.
7) Delivery of orders
We will endeavour, but we are under no obligation, to deliver your order within
the time stated on this service. All time periods refer to working days and do
not include weekends and bank holidays (weekends are Saturdays and Sundays).
We accept no liability for loss or damage suffered due to delivery after the
time stated on the Website or non-delivery, whether this loss is caused by us
or by a third party.
We will deliver to the address you notify to us when you place your order. We
accept no responsibility for the accuracy of the delivery address you notify
to us when you place your order, and you agree that we are not responsible for
the delivery of envelopes to the wrong address if you have incorrectly supplied
this address. We reserve the right to dispose of incorrectly addressed envelopes
and their contents if they are returned to us, without the obligation to refund
you or any other person.
8) Your Right To Cancel
You may cancel your order (once uploaded to us) for any reason up to the point
of production within the lab. If you do cancel the contract before this point
any payments made by you will be refunded in full within 30 days. Contact us
via the contact details on the confirmation e-mail.
9) Returns Policy
If you are not entirely delighted with the products that you have chosen you
may contact us within 14 days of receipt. We will be happy to reprint your order
or, at our option, a refund provided that the products are returned complete.
Please note that image quality is dependant on the quality of files transmitted.
Making Returns
For all returns, you will be required to arrange and pay for the return of the
products to us. To return any products to us, please contact us via the contact
details on the order confirmation e-mail or delivery note before dispatching
goods back to us. Ensure you enclose your delivery note, which will come with
your order. Please clearly list all items you are not happy with and the reason
you would like a refund. Pack the items back in to the parcel, with a copy of
the delivery receipt and send back to the contact details on the order confirmation
e-mail or delivery note
When returning items you are strongly recommended to obtain proof of posting.
We cannot accept responsibility for parcels lost in transit. We will only refund
or provide an exchange for the costs of postage where the item returned is at
fault due to a printing or packaging error.
10) Payment and Taxes
We accept online payment in a secure environment by credit card. We currently
accept Visa, Mastercard, Delta, & Maestro. All prices quoted on this website
are accurate at the time of publication and are quoted in pounds sterling (£)
and where appropriate are inclusive of UK sales tax (VAT) at the current
rate If your order is being sent to a member state of the EC then the
selling price will include VAT at the current UK rate. Any customs or
import duties levied once the package reaches your destination country
will be your responsibility as we have no control over these charges and
cannot predict them.
11) Price information
All prices displayed online are correct at the time when they are posted on the
system, and prices displayed online will prevail at all times in relation to
orders placed through the system.
12) Print quality
You hereby acknowledge that you understand that the quality of any prints we
produce is dependent upon the quality of the original print, negative, print
or digital file.
13) Disclaimers
(a) Maintenance of content
we accept no responsibility or liability for the deletion or failure to store
any messages and other communications or other content. For the avoidance of
doubt, you are responsible for keeping back-up copies of any of your data/Images.
Any material or software downloaded or otherwise obtained through the use of
Services available from the system is used at your own discretion and risk, and
you will be solely responsible for any damage to your computer system or loss
of data that results from the download of any such material. We have taken every
care in the preparation of the content of this system. To the extent permitted
by applicable law, we disclaim all express and implied warranties as to the accuracy
of the information contained in all materials on this Website, and shall not
be liable to any person for any loss or damage which may arise from its use.
Under no circumstances will we be liable in any way for any Content, including,
but not limited to, any errors or omissions in any Content, or any loss or damage
of any kind incurred as a result of the use of any Content uploaded, emailed
or otherwise transmitted via the Services.
we may modify or discontinue, temporarily or permanently, any part of the Services,
with or without notice to you, and you confirm that we shall not be liable to
you or to any third party for any modification to, or discontinuance of, any
part of the Services. Any liability we may have to you shall be limited to the
reprinting of the images and any charges paid (if any). Our exclusions of liability
shall not apply to any damages arising from death or personal injury caused by
our negligence or that of any of our employees or agents. Unless otherwise specified,
the Content on this system is directed at those who access this system from the
United Kingdom. Fujifilm (UK) Ltd makes no representation that any product referred
to in the materials on this system is appropriate for use, or available, in other
locations. Those who choose to access this site from other locations are responsible
for compliance with local laws if and to the extent local laws are applicable.
These Terms and conditions do not and shall not affect your statutory rights
as a consumer.
(b) Credit card payment
we will take all reasonable care to keep the details of your order and credit
card information secure. Unless a member of our staff has been fraudulent or
negligent, we will not be liable for any losses you may suffer as a result of
unauthorised access by a third party to the information you transmit when you
order products or Services from us. It is your responsibility to ensure the security
of your credit card details, to avoid unauthorised use of your credit card.
14) Intellectual property
All brand names, product and service names, titles and copyrights, and any other
intellectual property rights used in this site are the trademarks, trade names,
service marks, copyrights or other intellectual property of their respective
holders. Fujifilm (UK) Ltd expressly reserves any intellectual property rights
it may have in or relating to this Website. and gives no permission for their
use by any person other than such holders, and such use may constitute an infringement
of the holders' rights..
15) Indemnity
You agree to indemnify us and our associated companies, officers, agents, co-branders
or other partners, and employees, from any claim or demand, including reasonable
legal fees, made by any third party due to or arising out of content you submit,
post to or transmit through the Services, your use of the Services, your connection
to the Service, your violation of these Terms and conditions, or your violation
of any rights of another.
16) Third party liability
No person who is not a party to this agreement shall have any rights under The
Contracts (Rights of Third Parties) Act 1999 to enforce or rely upon any provision
herein.
17) Data Protection Act
In accordance with the Data In accordance with the UK Data Protection Law, we
will hold and process your personal data in order to provide the information
you have requested from us. Fujifilm (UK) Ltd and its subsidiaries may use this
information from time to time to tell you about other products or services. In
the event of Fujifilm (UK) Ltd acquiring or developing other businesses the data
may be used by these other businesses in a similar way. When you register with
us, we collect whatever information you choose to provide to help us enhance
and personalise your online experience. We also monitor site use to improve our
Website design and the information we offer.
18) Cookies
A cookie is a small file transmitted between server software and the browser
on your computer, that many sites use to make browsing or shopping online easier.
This information is stored on your computer's hard drive. From time to time we
may use cookies to enhance your experience on this Website.
19)Governing law
English law shall govern these Terms and conditions. You hereby irrevocably submit
to the exclusive jurisdiction of the English courts.
20) Queries
Any queries or comments about Fotobox products or Services should
be directed to us via email on our ‘Support’ section of this
site, We will endeavour to respond to your email within 48 hours of the
email being received.
Copyright © 2007 Fujifilm (UK) Limited. All rights reserved.
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