TERMS AND CONDITIONS

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					TERMS AND CONDITIONS

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING THIS WEB SITE
YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW. IF YOU DO NOT
AGREE TO THE TERMS & CONDITIONS STATED BELOW, PLEASE DO NOT ACCESS OR USE
THE PHOTO2PRINT WEB SITE.

For the purpose of this document:

“The Customer” shall mean any person, company or entity using or ordering through the
Photo2Print website, software, product offerings and “Photo2Print” shall mean Remata
iNathi Communications and Printers (Pty) Ltd, the Company managing, developing and
offering the service, its employees, directors and shareholders.

1. Acceptance of orders

All orders are accepted according to these terms and conditions. By using the Photo2Print
software or website you accept these terms and conditions.

After processing an order, the uploaded file is kept on the Photo2Print server for a period of
three (3) weeks. This is done in case there is a need to check a file in respect of any quality
related issues.

2. Copyright and content

All material and software belong to Photo2Print. All rights are reserved worldwide. It is
strictly prohibited to redistribute, copy or republish any of the material and software
contained on the Photo2Print web site.

Words, names, and designs used to identify services or products are considered trademarks,
service marks, and/or logos. The same policy is applicable for copyrights. The Customer
cannot use unlicensed copyrighted materials from photographers, artists, publishers,
composers, writers, or any other authors of original works. The copyright owner's exclusive
rights prohibit the reproduction of any original work. Photo2Print also state that The
Customer cannot use explicit language or pornography on printed materials and
merchandise.

The Customer is responsible for the content of their product/s that they submit to
Photo2Print for printing. Photo2Print does not accept any liability for the copyright of the
photos, graphics, logos and other content used in the products offered and ordered. The
Customer must ensure that they are not breeching any copyright, patent, trademark or any
other law before uploading a product to Photo2Print. The Customer is responsible for all
possible consequences of unlawful use of protected data. The Customer must also ensure
that the content of the product submitted complies with all legal requirements relating to
obscenity, libel or any other matter. The Customer will be subject to the legal provisions of
South Africa and any other relevant country. These terms and conditions shall be governed
by and construed in accordance with the laws of South Africa. Any disputes arising under or
in connection with these terms shall be subject to the non-exclusive jurisdiction of a court in
South Africa.

Recognizing the global nature of the Internet, The Customer agrees to comply with all local
rules regarding online conduct and acceptable content. The Customer further agrees to not
use the service to send, upload, post or otherwise transmit any content that contains (i)
child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat
to kidnap or injure a person, a threat to injure the personal property or reputation of
another person, a threat to accuse any person of a crime, a threat to inform another that a
person has violated any law of South Africa, or a threat of blackmail; (iii) any matter
advocating or urging treason, insurrection, or forcible resistance to any law of South Africa;
(iv) any defamatory remarks directed at any other person or company; or (v) any content
that infringes the intellectual property rights or other proprietary rights of Photo2Print or
any third party. Photo2Print does not control the content posted by The Customers and does
not guarantee the accuracy, integrity or quality of the content. Under no circumstances will
Photo2Print be liable to The Customer in any way for any content, The Customer may be
exposed to or that The Customer may find offensive, indecent or objectionable. Products
and services are provided for The Customers personal use only. The Customer agrees to
abide by these terms of service and not to use these products and services or related
messages for any unsolicited or unauthorized advertising, promotional materials, "junk
mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation.

The Customer acknowledges that Photo2Print does not pre-screen content, but that
Photo2Print and its designees shall have the right (but not the obligation) in their sole
discretion to remove any content that violates the terms of service or may otherwise be
objectionable. The Customer further acknowledges and agrees that Photo2Print may
preserve content and may also disclose content if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the terms of service; (c) respond to claims that the content
violates the rights of third-parties; or (d) protect the rights, property, or personal safety of
Photo2Print, its users and the public.

3. Use of the Software

The Photo2Print software may only be used to compose and order a photo product offered
by Photo2Print. The Customer or any representative of The Customer is forbidden to
decompile the software, undertake, cause, permit or authorise the modification, creation of
derivative works, translation, reverse engineering, decompiling, disassembling or hacking of
the Software. Such action will be deemed criminal and offenders will be prosecuted using
the full extent of the law.

4. Liability

Photo2Print can in no way be held responsible for damage or loss to, or of the uploaded files
or to non-delivery of any product due to incorrect information given or failure by the
couriers to locate and deliver the product to The Customer. Photo2Print is not responsible
for 3rd party shipping errors, omissions or damaged shipments.

Photo2Print cannot be held responsible in any way for the quality of the photographs placed
by The Customer into the products offered. It is for The Customer to ensure and determine
that the quality of photograph taken and placed into the product is suitable before ordering
and uploading the file to Photo2Print.

Photo2Print takes no responsibility for the colour of covers represented by a swatch block
and description in the website as they act as a guideline only.

Photo2Print shall not be required to produce any matter which in their opinion is illegal or
defamatory or obscene and retains the right to execute orders placed.
The Customer shall indemnify Photo2Print against any claims, costs and expenses arising
out of infringement of copyright, trademark, patent or design. Photo2Print gives no
warranty, express or implied, concerning the suitability of the goods supplied for any
purpose whatsoever nor shall Photo2Print be liable for any direct, indirect, consequential or
other loss including loss to third parties arising out of errors in carrying out an order placed
or by delay in delivery, or by the suitability of goods for use as intended.

The Customer agrees to indemnify and hold Photo2Print, and its subsidiaries, affiliates,
officers, agents, co-branders, print vendors, business partners, employees, successors or
assigns harmless from any claim or demand, including attorneys' fees, made by any third
party due to or arising out of content The Customer submits, posts to or transmits through
the use of the Photo2Print service, The Customers use of the Service, The Customers
connection to the Service, The Customers violation of the terms of service, or The
Customers violation of the rights of a third party.

5. Delivery time

All orders are normally delivered within fifteen (15) working days after the payment of an
order has been received. Delays in the delivery time can under no circumstances be used to
cancel an order or to claim any compensation. Any order is subject to cancellation or
variation by reason of Force Majeure from any cause whatsoever beyond Photo2Print’s
control including inter alia: inability to secure labour, materials, power or supplies, or by
reason of an Act of God, war, civil disturbance, riot, state of emergency, strikes, lockout or
other labour disputes, fire, flood, drought or legislation.

6. Guarantee

Complaints regarding Photo2Print’s services or the quality of the products must in made in
writing and received by Photo2Print within seven (7) days of receipt of your print product.
In order to receive replacement Customer must return the received product within 30 days
(on their own expense) from the time when the ordered product delivery was taken.

				
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