Dated: 16 Feburary 2012
“Services” are hereby defined as services relating to digital printing, photographic image processing and output, photo touch-up, image integration and related image processing services, publishing, design and .the provision of other text or image technologies.
“Products” are hereby defined as all physical or electronic products produced and sold by us together with or independent of the provision of Services. Products include by not limited to digital photo-books, photographic albums, photographs, photo gifts, processed electronic images and software applications.
“Serviced Countries” are hereby defined as Hong Kong Special Administrative Region, the People’s Republic of China, United States of America and Canada.
1 Terms and Conditions
1.1 These terms and conditions (“Terms”) (together with any documents to which reference is made) govern the Services and the delivery of associated Products, all as described on this website. Please read these terms and conditions carefully before ordering the Service from this website.
1.2 By ordering the Services and Products, you agree to be bound by these Terms. You should print a copy of these Terms for your future reference.
1.3 We may change these Terms in our sole and absolute discretion without notice or reference to you, and changes to the Terms become effective immediately when they appear on this website. If you use the Services again after these Terms have been amended, you are deemed to have accepted the amended Terms, which are accordingly incorporated within the contract made between yourself and us. We therefore recommend that you read these Terms each time you order the Services.
1.4 These Terms remain in force until the later of satisfactory delivery of the Services and/or purchased Products or other products by us, or payment in full by you for the Services and/or Products or other products. We may terminate our contract with you earlier if you materially and fundamentally breach of any of these Terms, or as otherwise provided below, and in the event we do so, we reserve the right to take any action against you or seek any remedy available to us, in respect of any breach.
1.5 No other terms and conditions apply in respect of our provision of the Services to you. If you place conditions or other terms upon any order or other communication to us, they will be of no force or effect unless we expressly refer to and agree to them in writing.
1.6 Your accessing and use of this website is at your sole and entire risk, as more fully provided below.
2 Information About Us
2.1 The Services are provided by Imagenator (owned by Instantbook Printing Company Limited, hereinafter referred to as “we”, “us”, “our” or “ours”), carrying its business out mainly at its principal business place at Suite 1201-03, 1155 Canton Road, Hong Kong ). We can be contacted by telephone on (+852) 3749 9654, by fax on (+852) 2615 9709 or by email at email@example.com.
2.2 We may sub-contract the provision of the Services or any part of them at our discretion.
3 The Services
3.1 The Services enable you to upload and deliver your own photographic images (“Images”) for our further processing, which we (or our agents and subcontractors) will store digitally so as to enable you to order Products made from your Images to be delivered to you at an address in your country of residence, provided that it is one of the serviced countries as identified on this website (“Serviced Countries”). We may also store your Images digitally to enable you to share them through the photo album service (“Photo Album”) with meticulous encryption.
3.2 Our site is only intended for use by people resident in the Serviced Countries. The Services are available only if you are over 18 years of age, resident in the one of the Serviced Countries and accessing the website from that country, and capable of forming legally binding and enforceable contracts.
3.3 We make no representation that the Services are appropriate or available for use outside of the Serviced Countries. In the event that you access the Services from a location outside the Serviced Countries, you are solely responsible for compliance with local law insofar as it may be applicable. IF YOU ARE ACCESSING THIS WEBSITE FROM A LOCATION OUTSIDE THE SERVICED COUNTRIES, AND IF YOUR USE OF THE SERVICES OR VIEWING OF THIS WEBSITE IS IN ANY WAY CONTRARY TO ANY APPLICABLE LAW IN SUCH LOCATION, YOU ARE NOT ENTITLED TO USE THE SERVICES AND MUST EXIT THIS PART OF THE SITE IMMEDIATELY.
3.4 We reserve the right to make changes or corrections, alter, suspend or discontinue any part of the Services, or their description as appears on this website, or the basis on which you may use the Services.
3.5 Unless we expressly state to the contrary, any new features or enhancements of the Services or offer of availability or provision of other services or resources, shall be subject to these Terms.
4 Placing an Order for the purchase of Products
4.1 Details of our prices for the Products, and the procedures for payment, are displayed on this website. These prices are subject to amendment from time to time.
4.2 By placing an order for the Services (“Order”), you are making an offer to buy the Products that you specify in the Order. If we accept your Order, we will confirm acceptance to you by transmitting you a written confirmation (“Confirmation”). All Orders and confirmations, however, are subject to receipt of payment. Subject to the foregoing, we shall use our best efforts to deliver the Products within a reasonable time. As stated in Paragraph 1.5 above, terms or conditions stated in an Order which add to, vary, or conflict with these Terms will be of no force unless we expressly refer to and accept them in writing. The issuance by us of a confirmation pursuant to Paragraph 4.2 is not, and is not to be construed as, such a reference or acceptance.
4.3 We may decline to accept your Order or to supply the Products to you for any reason whatsoever. We may also cancel any Order or any part of it, in our sole discretion. We shall not be responsible for any loss or damage of any kind which you might suffer by reason of us declining to accept or for cancelling your Order.
4.4 If we cancel your Order or any part of it, we will notify you by e-mail and refund any monies already paid by you and applicable to such cancellation.
5 Price and Payment
5.1 You must pay in full in advance , unless and until agreed otherwise, when you submit your Order by email. Payment will be collected at the time of placing this Order.
5.2 The price of your Products is the price in force at the date and time of you placing your Order, as set out on this website. We may change any of these prices at any time before your Order has been accepted. We make every effort to ensure that prices indicated on this website are accurate, but the price on your Order shall be validated by us as part of the acceptance procedure under Paragraph 4.2 above.
5.3 We deliver Products to the Serviced Countries, but where your Products are delivered outside Hong Kong, the price is exclusive of any local sales, use, or Value-added taxes, or customs or import duties, or any other applicable charges and fees, which may apply, all of which are your sole responsibility. We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your Order. Assessment of taxes or duties, or your inability to receive the Products due to non-payment of taxes or duties, shall not be a basis for refunding the price of your Order.
5.4 You warrant that all details you provide to us for the purpose of developing the electronic file of Images and purchasing the Products, including the details of your PayPal account, will be correct and genuine, that the PayPal account which you use is your own and that there are sufficient funds or credit facilities to cover the cost of your purchase. We reserve the absolute and discretionary right to obtain confirmation of the validity of your PayPal account, credit card, or debit card details from any relevant financial services provider or credit reference agency.
6 Image Processing
6.1 Subject to Paragraph 6.2, you may request us to edit, rework, or reprocess the file of electronic Images on up to three (3) occasions prior to fixing the draft, printing the Images, or compiling the Images as Products. For the purpose of managing your expectations and revisions, we shall undertake to coordinate the process with you by telephone, email, or other suitable communications, depending upon your location. Telephone charges or other communication expenses, where applicable, shall be your responsibility.
6.2 PLEASE NOTE THAT AS STATED IN PARAGRAPH 4.5 YOU MAY NOT CANCEL ANY ORDER FOR PRODUCTS MORE THAN TWO (2) DAYS AFTER THE ORDER HAS BEEN PLACED.
7.1 We will ship the Products to your designated address for delivery via the delivery mode stated by you at the time you make the Order, and will notify you by email when shipping has occurred.
7.2 We will use all reasonable efforts to ship any Products under your Order within Sixty (60) working days of the date of our acceptance of your Order; however, the delivery date is subject to numerous variables, including your designated delivery mode, production lead time, size of your Order and actual departure date. Although we will make all reasonable efforts to ship your Products within this time, we shall not have liability of any kind for any failure to do so.
7.3 In the event that your Products do not arrive within a reasonable time after we have notified you of their shipment and expected arrival schedule, you must promptly notify us by email and we shall make reasonable efforts to trace, and if necessary replace, them.
7.4 Damage to Products occurring after shipment by us is the responsibility of the carrier, and it shall be your obligation to claim against the carrier for any such damage.
8 Returns and Rework Policy
8.1 In the event that the Products are received by you in a damaged, unsatisfactory or defective condition, or if they do not materially match the description or pictures on the website, you may return the Products to us within 14 days of receipt and request that we rework the Products for no more than 3 times. We will endeavor to correct any defects or deficiencies to your reasonable satisfaction, but are not responsible for inability to do so due to the condition of your original Images or for other reasons beyond our control, and we will only bear the return postage and packing (For example, Hong Kong to New York) if you send us your defective Products at your own cost in the first place. Additional charge will be billed against you if you seek us to rework for more than 3 times.
8.2 If you return any Products to us in accordance with Paragraph 8.1, and we are able to prove that they were not faulty when they were received by you, we reserve the right to send them back to you by such means as we choose, and shall charge you for the cost of such return.
9 Your Responsibilities
9.1 You are responsible for the security and use of any password or login identifier issued to you in connection with the provision of the Services, and you must take all reasonable steps to ensure that such identifiers are kept confidential and secure and that you do not allow their use by any other person without your authority. We shall assume that all use of your identifiers is legitimate, and you shall be responsible for payment of any and all amounts owed us on account of such use.
9.2 You also agree and warrant to us that all information given by you when you make an Order is accurate and not misleading and that you will not use the Services for any fraudulent or illegal purpose or for any commercial purpose (except in pursuit of your Order).
9.3 You must not upload any Images or any other material, or any content within such Images, which contain any threatening, defamatory, or pornographic material, or materials that show any kind of child abuse, breach any applicable law, or may otherwise be damaging to us or our Services or reputation.
9.4 You must only upload Images in which you own copyright (or which you are authorised to send to us by the copyright owner) and you warrant that none of the Images contain anything which would infringe any copyright, trade mark, design right or other intellectual property right of any third party.
9.5 We expressly reserve the right to decline to process, or if already processed then to remove, any material that we determine violates the requirements of 9.3 or 9.4, without any obligation or liability of any kind.
9.6 We will fully co-operate with any law enforcement authorities or legal process requesting or directing us to disclose the identity or locate anyone posting any material in breach of these Terms.
9.7 You are responsible for ensuring that your computer system meets all relevant and pre-requisite technical specifications necessary to upload your Images, and you warrant that the Images you upload will be free from infection, viruses and/or other code that has contaminating or destructive properties.
9.7 Your use of the internet in uploading Images shall be entirely at your own risk and subject to all applicable laws and regulations in force. We will not be responsible for any interception, loss, distortion, or damage of or to your Images howsoever caused.
9.8 Anything you download in connection with the Services is downloaded and used by you at your own risk. You are solely responsible for any and all loss, distortion and damage to your own computer system or any other facility to which you transfer such materials, and for any loss or corruption of data which results from the download of any such material.
9.9 You agree to indemnify and hold us harmless against any and all claims, costs, expenses, penalty, demand or legal proceedings, including our reasonable attorneys' fees, caused as a result of your use of the Services in contravention of this Section 9, or if you are otherwise in breach of these Terms. In the circumstances of such contravention, you acknowledge that we will be entitled to terminate our contract with you and cancel any pending Order for Products made and uploaded by you. We may also deny you access to the Services in the future. The foregoing is without prejudice to any other rights and remedies afforded us by law.
10 Privacy and Data Protection
10.1 The following applies to any information you provide to us when you place an Order.
10.2 You authorise us and our approved sub-contractors engaged in delivery of the Services to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, email address, credit or debit card details and visible content of your Images, to the extent reasonably necessary to enable us to provide the Services. All such information collected by us shall be referred to in these Terms as “Personal Information” whether or not it is “personal information” within the meaning of the Personal Data (Privacy) Ordinance (“PDO”) applicable in Hong Kong; and we shall treat it in compliance with the PDO.
10.3 When you submit an Order to us you agree that we may send you details of changes and improvements to the Services, as well as other products and services which we may offer in future. We may send you this information by email or post and pass your details to carefully chosen business partners. IF YOU WOULD LIKE TO OPT OUT OF RECEIVING THIS INFORMATION, PLEASE EMAIL US AT firstname.lastname@example.org
10.4 You must ensure that the Personal Information you provide is accurate and complete, and that all ordering or registration details (where applicable) contain your correct name, address and other requested details.
10.5 If our business or company is sold or integrated with another business, your information may be disclosed to our advisors and any prospective purchasers and their advisers and will be passed on to new owners of the business.
10.6 We will also use your information to look at ways in which this part of the website and our Services can be improved, and for the purpose of administration of our business and Services. We may use aggregate information and statistics for the purposes of monitoring website usage in order to help us develop the Services. We may share your information and aggregate information with our service providers and other third parties for these purposes. Statistics will not include any information which can be used to identify you as an individual. We may also provide your information to our customer service agencies for research and analysis purposes, so that we can monitor and improve the Services we provide. We or our agents and subcontractors may contact you by post, telephone or email to request your comments on the Services and the website generally.
10.7 We shall not knowingly transfer your information to any countries outside Hong Kong which do not provide the same level of protection as does Hong Kong, and shall use at least the same degree of care to maintain the security of your information that we apply to our own proprietary information; but you assume all risk of interception or misuse that may occur to your information, and we shall have no liability of any kind on account of such interception or misuse, excluding only where the sole cause is wilful wrongdoing on our part.
10.8 You have the right to request a copy of the information which we hold on you and which is subject to the PDO (for which we may make a small charge) and to request that we correct any inaccuracies in your information. If you would like to review or modify any part of your Personal Information, you should email us at email@example.com
10.9 By accepting these Terms, you agree to the processing and disclosure of the Personal Information as described in this Section 10.
11 Security and Copyright
11.1 We will use all reasonable endeavours to ensure the security of your Images and your credit or debit card details that we obtained from you when you submit an Order.
11.2 The contents of this website, and any Products purchased from this site, are protected by the Hong Kong Copyright Ordinance and other intellectual property rights, and we are the owner or authorized user of these rights. You are authorized to use and display our Products for non-commercial purposes. However, any commercial use or display, and any reproduction whatever, of our Products, without our express written consent is prohibited by law.
11.3 All product and company names and logos mentioned in connection with the Services are our trade marks or trading names or those of their respective owners. You may download material for the sole purpose of placing an Order for Products. However, except to the extent necessary for the foregoing purpose you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or to our website, or download any material from our website, including but not limited to text, graphics, video, messages, code and/or software without our prior written consent.
11.4 Except those design provided by us, You or the original photographer (or otherwise as you may have provided for in writing) remain at all times the owner of the copyright in the Images themselves, as constituted prior to incorporation into our Products.. By uploading any Images to this website you grant to us a limited non-exclusive, fully paid up and royalty free licence to use, modify, display, reproduce and distribute your Images in connection with the Products which you order, on and through this website.
12 Limitations of Liability
12.1 We will use our commercially reasonable efforts to ensure that the Services will be provided with reasonable care and skill and the Products or other products purchased from us will be of merchantable quality, will meet the descriptions set out on this website and will be reasonably fit for the purpose for which you bought them.
12.2 We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to our Services, Products, or any products other than the Products that we may provide, or any information or service provided through this website.
12.3 The Services are provided on an “as is” and “as available” basis. While every attempt is made by us to ensure that all materials and information published on this website about the Services are accurate, and to keep the Services generally available and error free, we cannot guarantee that this website or the Services will operate continuously or without interruptions or be error free. We accept no liability for any unavailability or interruption of the Services, nor for errors arising in the delivery of our Services, Products, or other products, for any reason other than solely due to our wilful misconduct.
12.4 You waive any claim for, and we accept no liability for, any indirect, incidental, or consequential loss or damage, or for any direct or indirect loss of data, profit, revenue or business in each case however caused and even if foreseeable. We shall not be liable, and cannot be held responsible, for any loss or damage you sustain from the use or misuse of the Services, Products, or other products by you or any other person or entity.
12.5 You waive any claim for, and we accept no liability for, any loss in respect of material provided by you including the loss of any Images uploaded by you
12.5 If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Services, Products, and/or other products that you have purchased from us and that are the basis for such liability. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for any fraudulent misrepresentation. As an alternative to financial compensation, we may at our option reprint the Images and send them to you free of charge.
12.6 The limitations and exclusions in this Section or elsewhere in these Terms do not affect your non-excludable statutory rights as a consumer, and only apply to the extent permitted by law.
13.1 All notices and questions regarding these Terms or any Order (other than any notice relating to cancellation under Paragraph 4.5) may be delivered to us either by email at firstname.lastname@example.org or by post to our principal business address in Paragraph 2.1. Notices relating to cancellation must be sent to us by email within the time stated in Paragraph 4.5.
13.2 We may contact you or send you any notice at either the email or postal address you provide during any ordering process.
13.3 Notice will be deemed received when an email is received in full (or else on the next business day if it is received outside usual hours of business or on a weekend or a public holiday in the place of receipt), or ( 7 ) days after the date of posting.
14.1 We may, but you may not, assign any rights and/or transfer, sub-contract or delegate any obligations under these Terms. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this Paragraph 14.1 shall be ineffective. These Terms are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.
14.2 We reserve the right at any time to suspend the Services at our sole discretion or for legal or technical reasons. We may also for the same reasons and at our sole discretion delete or refuse to process any Image you upload, but if we intend to do so, we shall give you as much notice, if any, as is reasonably practicable. If we propose to delete or not process any Image on the grounds of a suspected or likely breach by you of Paragraphs 9.2, 9.3 or 9.4, or other legal reason, we may at our discretion contact any law enforcement agencies and provide copies of the Images or other information about you to them
14.3 These Terms as well as any accepted Order are the whole agreement between us. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by us or any other person other than as expressly stated in these Terms, and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these Terms by reason of any alleged misrepresentation that is not contained in these Terms or on the face of any Order acceptance issued by us.
14.4 If any provision or term of these Terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such provision or term shall be divisible from the other Terms and shall be deemed to be deleted from them.
14.5 These Terms and your use of the Services are governed by laws of Hong Kong Special Administrative Region (HKSAR), without regard to conflicts of laws determinations. Any dispute arising out of or relating to these Terms, your Orders, or our Services, Products, or other products, shall be submitted to the exclusive jurisdiction of the HKSAR courts, and by accessing our website and/or placing Orders with us you expressly consent to the exclusive jurisdiction and venue of such courts.
14.6 Except in respect of a payment obligation, neither of us will be held liable to each other for any failure to perform any obligation to the other due to causes beyond our respective reasonable control.
14.8 Failure or delay by either party enforcing an obligation or exercising a right under these Terms does not constitute a waiver of that obligation or right.
14.9 These Terms do not confer any rights on any person or party (other than you and/or us) pursuant to the Hong Kong Sales of Goods Ordinance.