Q-PHOTO CONDITIONS OF SERVICE

1 AGREEMENT BETWEEN USER AND Q-PHOTO

The Q-Photo Web Site is comprised of various Web pages operated by Q-Photo.

The Q-Photo Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Q-Photo Web Site constitutes your agreement to all such terms, conditions, and notices.

2 MODIFICATION OF THESE TERMS OF USE

Q-Photo reserves the right to change the terms, conditions, and notices under which the Q-Photo Web Site is offered, including but not limited to the charges associated with the use of the Q-Photo Web Site.

3 LINKS TO THIRD PARTY SITES

The Q-Photo Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Q-Photo and Q-Photo is 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. Q-Photo is not responsible for webcasting or any other form of transmission received from any Linked Site. Q-Photo is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Q-Photo of the site or any association with its operators.

4 NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Q-Photo Web Site, you warrant to Q-Photo that you will not use the Q-Photo Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Q-Photo Web Site in any manner which could damage, disable, overburden, or impair the Q-Photo Web Site or interfere with any other party's use and enjoyment of the Q-Photo Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Q-Photo Web Sites.

5 USE OF COMMUNICATION SERVICES

The Q-Photo 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.

Q-Photo has no obligation to monitor the Communication Services. However, Q-Photo reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Q-Photo reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Q-Photo reserves 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, in Q-Photo's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Q-Photo does not control or endorse the content, messages or information found in any Communication Service and, therefore, Q-Photo specifically disclaims 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 Q-Photo spokespersons, and their views do not necessarily reflect those of Q-Photo.

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.

6 MATERIALS PROVIDED TO Q-PHOTO OR POSTED AT ANY Q-PHOTO WEB SITE

Q-Photo does not claim ownership of the materials you provide to Q-Photo (including feedback and suggestions) or post, upload, input or submit to any Q-Photo Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Q-Photo, its 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. Q-Photo is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Q-Photo's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of 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.

7 PRIVACY

Our  Privacy Policy governs all users of Q-Photo. If you do not wish your personal data to be handled as specified in our Privacy Policy, then you must not use Q-Photo. Users must not use the Services in connection with the sending of any unsolicited messages, or to harvest or otherwise collect information about Users, including email addresses, without their express consent. Users must not use any information about other Users that is accessible through the Services except as expressly permitted by these Terms or the relevant User.

8 USER CONTENT AND CONTENT RULES

Images and other material (including textual annotations to and comments on Images) uploaded, posted, contributed, distributed, communicated, transmitted or linked-to by a User on, through or in connection with Q-Photo are treated as "User Content" for the purposes of these Terms. Users must have the right to deal, and the right to authorise us to deal, with their User Content in the ways that they and we use it in connection with the Services or for other purposes referred to in these Terms. You must not upload User Content, or otherwise deal with User Content through Q-Photo, if you do not have the right to do so. Each User shall ensure that his/her User Content, and his/her and our use of it, does not:

• infringe anyone’s copyright; in particular, you must ensure that you either own the copyright in an Image that you upload to Q-Photo or that you are fully licensed by the copyright owner to upload the Image and to make any subsequent use of it (such as by including the Image in a Product) or in email and postal communications we send to you);
• infringe anyone’s privacy or data protection rights; in particular, you must ensure you have the right to depict any person who appears in an Image that you upload to Q-Photo and to authorise the subsequent use of it (such as by including a depiction of that person in a Product or in email and postal communications we send to you);
• infringe 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;
• contravene any applicable law (including, without limitation, any criminal law) or regulation;
• include anything that is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;
• contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;
• misrepresent the User's identity in any way or impersonate any person;
• include any material containing personally identifying information about another person, such as their real name, address, phone number, or email address, except with the written approval of that person;
• contain 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;
• harass, upset, embarrass, alarm or annoy any person;
• give the impression that it emanates from us, if this is not the case;
• advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
• infringe our fair use requirements (see Clause 4 above) or otherwise interfere with the proper working of Q-Photo.

The above are our Content Rules.

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 App. It is possible that Images or other User Content may be accessible through our Site and App 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 App please contact us here.

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.

9 TERMS OF PURCHASE FOR PRODUCTS

These terms of purchase apply to:

• Products which include an Image or other User Content uploaded or stored by you or another User – this is a “Personalised Product”; and
• Products which do not include such an Image or User Content - but may include an image of a painting, photograph or other artwork that we source and offer to Users for inclusion in our Products – these are “Non-personalised Products”.  For completeness, an artwork that we source and offer to all Users for inclusion on Products does not count as an “Image” for the purposes of these Terms.

Q-Photo take no responsibility for content provided by the user that is used to create a personalised product.

We have different rules for the cancellation of your purchase, and return of, Personalised Products and Non-personalised Products – see below.

A contract between a User and Q-Photo for the purchase of a Product is created as follows:

• The User places the order for a Product on the Site or App by pressing an order confirmation button at the end of the checkout process.
• 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 “Thanks for your order” email detailing your order for the Product, and other information we must provide to you.
• When the Product you have ordered is shipped to you, we will send you a “dispatch” message.

Note that Q-Photo may reject an order in certain circumstances, namely:

• Your order breaching the requirements of these Terms;
• The use of Images which infringe the Content Rules;
• The use of Images which are corrupted, unsupported technically or inadequately pixelated;
• The Product you order being unavailable;
• Our inability to obtain authorisation for your payment; or
• A relevant pricing or Product description error being identified.

If we reject your order, we will contact you to confirm this and reverse the payment you have made for that order.

For orders that are accepted, unless we inform you otherwise in the order process, we will deliver the Product you have ordered within 30 days of the order.

Your cancellation right for Non-personalised Products: You have the right to cancel your contract for the purchase of a Non-personalised Product, provided you notify us of the cancellation 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 using the form supplied with the product.

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 or dealing with 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.

No right of cancellation for Personalised Products: Note that the right to cancel a contract and return a Product, does not apply to Personalised Products, because they have been made to your specific requirements.  

Your statutory rights (Personalised and Non-Personalised Products): In addition to the cancellation rights for Non-Personalised Products (see above), you also have certain statutory rights in respect of both Personalised and Non-Personalised Products.

These include that if the Product you have purchased is faulty, in that it is not as we describe it, of satisfactory quality or reasonably fit for purpose, then within 31 days of the day of its delivery you may exercise the right to a refund.  And within six months of the date of delivery, and again only where the Product is faulty, you are entitled to a replacement, or a refund.

Products should be returned in (or with) their original packaging by arrangement with our customer support team (see Clause 7)

Delivery: We cannot guarantee that a specific carrier will be used when processing your order. In some cases we may use carriers that offer a comparable delivery service to that which you select. Your order despatch email will state the carrier used.

10 INTELLECTUAL PROPERTY

By uploading, posting, contributing, distributing, communicating or transmitting User Content (including Images), a User expressly grants to 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 User Content worldwide through Q-Photo and any other interactive services through which Q-Photo (or a service based on Q-Photo) is accessible for the purpose of,  performing obligations we owe to Users and exercising rights Users grant to us, subject to and in accordance with under these Terms. The licence under this Clause 10 will survive any termination of these Terms or any cancellation, suspension or lapse of the relevant Account. For the avoidance of doubt, the licence under this Clause 10 does not permit us commercially to exploit a User’s Images (or other User Content) by creating and selling our own products bearing the User’s Images (or other User Content) without the User’s consent. Note that we may modify User Content in order to conform it to Q-Photo or the requirements of a Product (such as by cropping Images). You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to Q-Photo (including, without limitation, User Content associated Users other than you) are owned by, or licensed to, us. You may use and access Q-Photo and that User Content only to the extent required for the use of the Services in accordance with these Terms, and for the purpose that we make them available. No-one may copy, distribute, show in public or create any derivative work from Q-Photo, or any of the material which is found on Q-Photo unless properly licensed to do so by us. You are not allowed to use Q-Photo (or to copy or use any material found on Q-Photo) for any commercial purpose other than to conduct the purchase of a Product from Q-Photo. You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material taken from Q-Photo. No-one may use any robot, spider, scraper or other automated means to access Q-Photo for any purpose without our prior express written permission.

11 LIABILITY DISCLAIMER

The information, software, products, and services included in or available through the Q-Photo web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Q-Photo and/or its suppliers may make improvements and/or changes in the Q-Photo web site at any time. Advice received via the Q-Photo web site 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.

Q-Photo and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Q-Photo web site 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. Q-Photo and/or its 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 Q-Photo and/or its 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 the Q-Photo web site, with the delay or inability to use the Q-Photo 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 the Q-Photo web site, or otherwise arising out of the use of the Q-Photo web site, whether based on contract, tort, negligence, strict liability or otherwise, even if Q-Photo or any of its suppliers has 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 the Q-Photo web site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Q-Photo web site.

12 TERMINATION/ACCESS RESTRICTION

Q-Photo reserves the right, in its sole discretion, to terminate your access to the Q-Photo Web Site and the related services or any portion thereof at any time, without notice. 

13 GENERAL 

To the maximum extent permitted by law, this agreement is governed by the laws of the Republic of South Africa you hereby consent to the exclusive jurisdiction and venue of courts in the Republic of South Africa for all disputes arising out of or relating to the use of the Q-Photo Web Site. Use of the Q-Photo Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Q-Photo as a result of this agreement or use of the Q-Photo Web Site. Q-Photo's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Q-Photo's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Q-Photo Web Site or information provided to or gathered by Q-Photo with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Q-Photo with respect to the Q-Photo Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Q-Photo with respect to the Q-Photo Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

14 COPYRIGHT AND TRADEMARKS

All contents of the Q-Photo Web Site are: Copyright 2017 by Q-Photo and/or its suppliers. All rights reserved.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

15 CONTACT

We are a company registered in England and Wales under registration number 2005/032781/07 under the name Q-Photo Pty Limited; the address of our registered office is Shop 35 Parkview Shopping Center, corner Netcare and Garsfontein streets Moreleta Park. Our VAT registration number is 4340224650.

16 CONSENT FOR PROCESSING PERSONAL INFORMATIONT

Consent for Processing Personal Information I understand that Q-Photo requires certain Personal Information to be able to process my/our orders and consent to Q-Photo processing and sharing this with third parties, where and only where this is necessary. Such third parties may include Aramex etc. Q-Photo undertakes to only use Personal Information in accordance with the POPI Act. For more information on Q-Photo’s undertaking, please visit our website https://www.qphoto.co.za/privacy-statement to view our Privacy Notice.