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.
SHOULD YOU NOT AGREE WITH ANY OR PART OF THESE TERMS & CONDITIONS YOU ARE ADVISED NOT TO ACCESS THIS WEBSITE.
1.TERMS OF USE
The Atphoto Web Site is comprised of various Web pages operated by Atphoto. By using our service, (herein referred to as “Service”) you are deemed to have read and accepted the terms and conditions, hence forming a legal binding agreement between ATPHOTO PTY LTD (herein referred to as “Atphoto”, “us”, “our”, “we” and their affiliates) All orders are accepted according to these terms and conditions. By using the Atphoto software, Apps, social media, or web site you accept these terms and conditions. To make use of our service and order our products online, you may need to download our FREE design Software (herein referred to as “Software”)
- SOFTWARE LICENSES, COPYRIGHT AND OWNERSHIP OF CONTENT
Our FREE design software may only be used to compose and order a photo product offered by Atphoto and our affiliates. All Software material, information and content furnished by Atphoto is protected by copyright and other applicable and relevant laws. All rights are reserved worldwide. It is strictly prohibited to re-distribute copy or republish any such material without written permission of the copyright owner. You agree that you will not decompile the software, undertake, cause, permit or authorise the modification, creation of derivative works, translation, reverse engineering, disassembling, or hacking of the Software. Such action will be deemed criminal, and offenders will be prosecuted to the full extent of the law.
- THIRD PARTY LINKS
Atphoto may provide links to other websites or resources to try and provide increased value to our clients. The Linked Sites are not under our control, and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
- MATERIAL PROVIDED TO ATPHOTO
When you have completed the design or layout of your product, you may upload it to us through our design Software or provide us with a print ready file (that meets our required specifications). The context of this design includes without limitation, text and photographic images, illustrations and works of authorship as part of your use of the Service. After processing an order, the uploaded file is kept on our server for a period of four (4) weeks. This is done in case there is a need to check a file in respect of any quality related issues. We will not be held responsible for any low-resolution images that print poor quality, spelling, grammar or text errors, page layouts, format, colour, or style mistakes made during the design of your product. We do not proof, edit or change your content in any way. It is your responsibility to check and edit your layout before it goes to print. We will do our best to give you the best quality finish product, but we cannot be held responsible for the end results if you supplied us with artwork of poor quality. It is your responsibility to ensure that all colours, sizes, resolutions and cropping areas are indicated and where necessary corrected. We will print exactly as supplied by you. We can supply printed proofs of all designs before final print work is completed, only if requested by the client (an additional fee will apply).
Atphoto does set-ups and calibrations each day to ensure the best possible quality of products but can’t guarantee the final product outcome. We take no responsibility for the colour of covers represented by a swatch block and description on the website as they act as a guideline only. Atphoto shall not be required to produce any matter which in their opinion is illegal or defamatory or obscene and retains the right to refuse the printing of any orders placed. You, the client shall indemnify Atphoto, its shareholders and or employees against any claims, costs and expenses arising out of infringement of copyright, trademark, patent, or design. Atphoto gives no warranty, express or implied, concerning the suitability of the goods supplied for any purpose whatsoever nor shall Atphoto 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.
Master files remain the property of the owner and is the owner’s responsibility to make sure he/she has a backup of the files. Masters will not be stored by the lab, please do not send us your only copy. All layouts and designs must be completed to our specifications. Artwork can be completed in our templates or software, to try and prevent printing errors. Jobs will not be processed until we have received all parts, and all required changes have been made to layouts/designs.
Under these terms and conditions, you may not use any of our services for illegal or fraudulent purposes, and may NOT place any of the following material in the designs of your products:
- Any 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 without their consent. You are responsible for all possible consequences of unlawful use of protected data.
- Any material that is unlawful, indecent, pornographic, obscene, lewd, filthy, vile or is inappropriate and harmful to children or animals in any way
- Any material that is 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.
- Any material promoting racism or hatred against an individual or group. As well as any defamatory remarks directed at any other person or company.
- Any material that contains viruses, worms, Trojan horse or any other corrupted codes or files. Atphoto is not responsible for checking the content of orders submitted. We reserve the right to refuse to print any submissions that we believe to be unacceptable and fall within the category’s described in paragraphs (1) through (5) above.
You acknowledge and agree that you will be liable for any action taken against Atphoto and its shareholders or employees in relation to any such activities and will fully indemnify Atphoto, its shareholders and employees against any such claims, actions, demands or costs that may arise as a result. You further acknowledge and agree that Atphoto may preserve content and may also disclose content if required doing so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- Comply with legal process;
- Enforce the terms of service;
- Respond to claims that the content violates the rights of third-parties; or
- Protect the rights, property, or personal safety of Atphoto, its users and the public.
Although we prohibit the uploading of Images and other User Content which infringes our Content Rules, we cannot control and do not monitor or pre-screen the use of our Site and Apps. It is possible that Images or other User Content may be accessible through our Site and Apps which contravenes our Content Rules. We are not responsible for such Images or User Content, but if you become aware of any such Images or User Content on our Site or Apps please contact us.
We may without notice delete any Image or other User Content which appears to breach our Content Rules, or prevent any use of Services (including purchase of Products) which includes any such Image or User Content.
- SUBMISSIONS AND SUGGE STIONS
We do not claim ownership of the materials you provide to us (including feedback and suggestions) posts, uploads, inputs or anything submitted to any of our Web Sites or its associated services (collectively “Submissions”) However, by posting, uploading, inputting, providing or submitting your Submission you are granting us, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time at our sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
- WORK AND CANCELLATIONS
AtPhoto will do all the work in-house wherever possible. However, we reserve the right to outsource work if we deem it suitable or necessary. AtPhoto cannot cancel work which have been initiated and paid for. If orders are not personalized and not yet completed, then a 10% cancellation fee as well as payment of all completed parts might be agreed upon at time of cancellation. Cancelations and returns do not apply to Personalised Products, because they have been made to your specific requirements. We will do our best to give you a product as close to your request as possible. However, under no circumstances will we be responsible for colour-matching. Our discretion is final.
- LIABILITY
The information, software, products, and services included in or available through our web site and social media platforms may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Atphoto and/or our suppliers may make improvements and/or changes to our web site at any time. Advice received via our web site or social media platforms should not be relied upon for personal, medical, legal, or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Atphoto and/or our suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on our web site or social media platforms for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. Atphoto and/or our suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall we and/or our suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of our web site, or with the delay or inability to use our web site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through our web site, social media platforms, or otherwise arising out of the use of our web site, whether based on contract, tort, negligence, strict liability or otherwise, even if we or any of our suppliers have been advised of the possibility of damages.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of our web site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Atphoto web site.
- USE OF OUR WEB SITE
You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false, or fraudulent purchase, or any other purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use this site in any manner which could damage, disable, overburden, or impair our site, or interfere with any other party’s use and enjoyment of the site. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed. ‘Deep-linking’, ’embedding’ or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.
- DISCLAIMER OF WARRANTY
The contents of this site are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement. The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called “Providers”, assume no responsibility for errors or omissions in these contents.
The Providers further do not warrant, guarantee, or make any representation regarding the safety, reliability, accuracy, correctness, or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental, or consequential damages (including -without limitation- data loss, lost revenues, and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility. The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.
- OUR RIGHTS
We reserve the right to:
- Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
- Change these Conditions from time to time and your continued use of the Website (or any part of) following such changes shall be deemed to be your acceptance of such changes. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions, then you must immediately stop using the Website.
- We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
- PRIVACY POLICY
We are committed to protecting your privacy. This privacy policy applies to all the web pages related to this website. All the information gathered in the online forms and software on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other than which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone. The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while on the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyse trends, and administer the Site.
We may need to change this policy from time to time in order to address new issues and reflect changes on our site. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly. If you have any questions or concerns about our privacy policy, please send us an e-mail.
By using this website, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our site of software applications. Your continued use of the website and or software following the posting of changes to these terms will mean that you accept those changes.
- COOKIE/TRACKING TECHNOLOGY
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
- PRODUCT AVAILABILITY
Lead time is dependent on stock availability and the number of orders in production at the time of placing your order. Every effort is made to effect shipment of your order timeously however unforeseen circumstances may cause delays. Should we be faced with such an occurrence Atphoto will contact you via email and provide you with a revised delivery date.
- ORDER POLICY
When you click to make a purchase with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions. You must not make any purchase through this site unless you understand and agree all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries, please contact us before making any purchase for any service through this website.
- DELIVERY OF PRODUCTS
All products will be delivered to the delivery address supplied by you at the time of placing your order. Production and delivery take 7 – 10 working days after the order and the payment of the order has been received. Time for delivery is only an estimate and not a condition of this agreement. 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 Atphoto’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.
We can in no way be held responsible for damage or loss 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/s to you.
- SHIPPING
Please ensure the correct shipping address is provided from the outset when placing your order as title and risk will pass to you once the order has left our premises. Occasionally packages are returned to us undeliverable. Should this event take place every attempt will be made to contact you to make arrangements for re-shipment. We are not responsible for 3rd party shipping errors, omissions, or damaged shipments.
- GUARANTEE / REFUNDS / RETURNS POLICY
Atphoto provides a 100% guarantee against manufacturing defects. This excludes problems arising due to:
- poor quality artwork
- fading whereby the product has been left in direct sunlight
- change of shape due to exposure to moisture or fluctuating temperatures
- any exposure that affects the products whether natural and/or chemical.
AtPhoto will make good, by repair or at our sole option, by the supply of replacements, any defects which, under proper use, appear in the goods within 3 months of collection or delivery and which arise solely from faulty design (other than any design made, furnished or specified by the Purchaser for which AtPhoto has disclaimed responsibility), materials or workmanship, provided that:
(i) The goods concerned have been stored and used in a proper manner; and
(ii) the Purchaser has notified AtPhoto of the nature of the defect within 7 days of becoming aware of the defect; and
(iii) the goods have been returned to AtPhoto, carriage paid and adequately packed.
Goods returned as defective but found on inspection to be in good order will be returned to the Purchaser subject to a handling charge. Goods returned, which are out of guarantee, or which were damaged due to incorrect usage, will be scrapped by AtPhoto unless the Purchaser have given AtPhoto specific disposal instructions in writing. The Purchaser shall notify AtPhoto of the nature of the defect and any tests the Purchaser may require AtPhoto to perform in respect of the goods prior to their return to AtPhoto. Save as aforesaid and as provided in terms of this clause, AtPhoto shall not be liable for any defects in goods delivered or for any injury, damage or loss whatsoever resulting directly or indirectly from such defects or from any work done in connection therewith and its liability under this clause, shall be in lieu and to the exclusion of the liability under any warranties and conditions whether express, implied, or statutory and whether written or verbal. Atphoto will not cancel or refund an order except in the case of workmanship defect.
Atphoto reserves the right to change brands or substitute the materials used in the production of your order. Materials used in the production of your order are subject to change without prior notice. The next best alternative will be sourced and used in the case of material shortage so that the same quality standards can be maintained.
In order to make a complaint about products from Atphoto, a written complaint must be received by Atphoto within seven days of receipt of your printed product. The defective product (photobook, canvas etc.) must be returned (at the client’s own expense) within 14 days of receipt of the product to be considered viable for a refund. We will assess the condition of the item(s), and at our sole discretion to either repair or replace the product(s) that does not meet the warranty or condition.
Atphoto is not responsible for customer generated mistakes, errors or defects including spelling, typographical or grammar errors, poor image quality derived from low-resolution images, order quantity or other ordering errors. Please be sure to preview your layout carefully before placing your order. Images and text will be printed as they appear in the Preview. We do not proof-read for, or correct, any such customer generated mistakes.
To request to return a purchase, Atphoto must be contacted on 012 348 4890 or email info@atphoto.co.za
- QUOTATION & PRICES
All transactions will be processed in South African Rand (ZAR).A quotation will remain open for acceptance for a period of 7 days from the date of quotation. All quoted prices are inclusive of Value Added Tax, unless specifically stated to the contrary. A quotation accepted by the client (whether by hand, post, verbally or email) constitutes an order to proceed with the manufacture and or supply of the quoted item(s) based on the dimensions provided in the quotation. Orders require 100% of total balance when submitted prior to any work started. Vouchers purchased through AtPhoto need to be activated by the legal AtPhoto representative before they may be redeemed against any orders.
Please note that vouchers become invalid once they have been redeemed in full, and once they have reached their expiry date. Any unused credits will not be refunded in this regard.
Proof of payment must be acknowledged and received prior to any order processed. Clients agrees that he/she bears all financial responsibility of orders placed, and is liable for additional fees, and finance charges due to late payment, and authorizes AtPhoto to use any and all legal measures to collect upon outstanding balance. Atphoto endeavours to offer you competitive prices on current products; your total order price will include the price of the purchase plus any applicable shipping charges. Atphoto reserves the right to change pricing at any time without prior notice.
- VIRTUAL CARD SERVICES – SECURITY POLICY (Online payment)
- Virtual Card Services process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site’s registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.
- Virtual Card Services is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.
- The Merchant does not have access to credit card details.
- Virtual Card Services continually review and enhance its security in line with technological changes.
- USE OF COMMUNICATION SERVICES
The Atphoto Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. However, we reserves the right to review and investigate any reported of violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).We reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. We do not not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Atphoto spokespersons, and their views do not necessarily reflect those of Atphoto.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
- LAW
The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
- SPECIALS
Deals are valid only for the period advertised. Orders uploaded after midnight of the due date will void discount. No orders will be processed before payment has been made. The offer is available on products ordered (Offline or Online) as per product specs and terms of offer. Different types of products may have to be ordered separate through Album Ninja for the different discounts. Orders through the software must be placed with the latest version of Album Ninja or Paper and Print software available for free from our website. The discount will only apply if the instructions are applied as specified. If the Voucher code has not been used, discount will be voided. Offers cannot be combined with other offers and is not redeemable for cash.
Additional terms may be added to an offer not specified in these terms and conditions
- LEADTIMES
Lead times are subjected to stock availability as well as production capacity and should only be used as a reference.
- Layflat albums – 7 to 10 working days
- Magazine styled albums – 7 to 10 working days
- School Orders – 3 to 5 Working days
- Standard prints 1 – 48 hours
- Digital media – 3 to 5 working days
- Large format ex. Canvases & Image wraps (standard sizes) 3 to 5 working days, for odd sizes please add an extra 3 days.
- Business printing – 5 to 7 working days
- Frames – 5 to 7 working days
- Please add an extra 3 days for courier.
- UPDATING OF THESE TERMS AND CONDITIONS
We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
- CONSENT
I understand that all the designs and trademarks are registered to Atphoto and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by Atphoto for any civil action or any legal action deemed necessary against me.
- CONTACT DETAILS
Physical address
Unit D2
5 Bellingham street
One Highveld Centre
Centurion
Pretoria
0157
Email address
info@atphoto.co.za
Phone numbers:
Landline – 012 348 4890
Whatsapp – 066 103 4623