Terms & Conditions
FUJIFILM IRELAND
TERMS AND CONDITIONS OF USE FOR FUJIFILM IMAGINE
Last updated July 2015
GENERAL
FUJIFILM Ireland is the trading name in the Republic of Ireland of FUJIFILM UK Limited, a company incorporated under the laws of England and Wales whose registered office is at St Martins Business Centre, St Martins Way, Bedford, Bedfordshire MK42 0LF. FUJIFILM Ireland is registered as a branch in the Republic of Ireland with registration number 906303 and has its address at 78 Lagan Road, Dublin Industrial Estate, Dublin 11, Ireland (“Fuji”, “we”, “our” and “us”). Our VAT number is 9735770F
FUJIFILM Imagine is a multi-platform service which provides its users with a variety of on-line and off-line services, including a digital image print ordering service, temporary digital image storage, the ability to edit your digital images and such other services or functions as we may choose to make available from time to time, hereafter jointly and severally referred to as the “Service”.
FUJIFILM Imagine is available on the website www.fujifilmimagine.ie (the “Site”) which is owned and operated by us, on the FUJIFILM Imagine App which is owned by another FUJIFILM Group company is operated by us in Ireland (the “App) and through kiosks (“Kiosks”) which are owned and operated by the retailers in which such kiosks are located. When accessing FUJIFILM Imagine via a Kiosk not all aspects of the Service are the same as when accessing FUJIFILM Imagine via the Site or the App – see section headed “KIOSKS” below.
Your use of the Site, the App and/or the Kiosks (the “Platforms”) and/or of the Service is subject to our terms and conditions of use which we have set out below (the “Terms”), and by accessing and using any of the Platforms and/or the Service you agree, and you are signifying your agreement, that you have read, understood and agree to be bound by and subject to the Terms. Please ensure you read the Terms carefully and in their entirety.
If you simply want to browse through any the Platforms to see what FUJIFILM Imagine has to offer, there is no need for you to register. If you are using a Kiosk you can also order for print and edit your images without registering. Nonetheless, your use of the Platforms will be subject to Parts (I) and (III) of these Terms. If you proceed to register for a FUJIFILM Imagine account (“Account”) to avail yourself of the full Service, you will be asked to tick a box to signify that you have read, understood and accepted the Terms including the additional Terms set out in Part (II) on registering with us. If you do not read or agree to our Terms, you should not access or use the Platforms or the Service.
None of the provisions of these Terms shall be interpreted as to deprive you of any rights you may have as a consumer under mandatory Irish law.
KIOSKS
The aspects of the Service made available to you through any Kiosk enable you to order the printing and editing of digital images provided by you from your smartphone, tablet or other handheld or storage device by connecting that device and uploading your images to the Kiosk, to open an Account and to use such other functions as we may choose to make available from time to time.
Each Kiosk is owned and / or operated by the retailer in which the Kiosk is located (“Retailer”) and you should direct any queries you may have in relation to the Kiosk to the Retailer. Please note that the Retailer is an independent third party and any order for prints or other material that you make using the Kiosk will be with the Retailer and subject to the Retailer’s applicable terms and conditions. Any use by the Retailer of your personal information will also be subject to the Retailer’s applicable privacy policy. Accordingly, we accept no liability for the acts or omissions of the Retailer that relate to any order or the Retailer’s use of your personal information.
PART I – FOR REGISTERED AND NON-REGISTERED USERS OF FUJIFILM IMAGINE
1. Use of Service
Unless otherwise specified, the Service on whichever Platform you use to access it is for your personal and non-commercial use only.
You may download, display or print part of the Site or the App for your own personal, non-commercial use. You may save a copy of the Terms to your local hard disk for the purposes of creating one personal back-up copy.
You are responsible for all of the images (“Images”) you upload, post, order for print or otherwise transmit to whichever Platform in order to use the Service. You must have the legal right to copy and display each Image that you upload, post, order for print or otherwise transmit. You agree not to use the Service: (a) for any unlawful purposes; (b) to upload, post, order for print or otherwise transmit or communicate any material that is unlawful, obscene, offensive, pornographic, abusive, harassing, tortious, harmful, an invasion of privacy or publicity rights, defamatory, libellous, vulgar, illegal hateful or racially, ethnically or otherwise objectionable, or which may give rise to civil or criminal liability under applicable law; (c) to upload, post, order for print or otherwise transmit or communicate any material that you do not have a right to transmit or communicate or which infringes any copyright, trade mark, patent or other intellectual property right, proprietary right, or any moral right of any party; (d) to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; (e) to upload, post, order for print or otherwise transmit any material which is likely to cause harm to Fuji’s or any other party’s computer systems, including but not limited to that which contains any virus, code, worm, data, Trojan horses, corrupt files or other files or programs designed to damage or allow unauthorized access to any Platform or which may cause any defect, error, malfunction, overburden, corruption or other impairment in or of any Platform or interfere with any other party’s use and/or enjoyment of any Platform and/or the Service. You agree not to copy, duplicate, modify, transmit, display, distribute, perform, reproduce, licence, publish, create derivative works from, transfer, sell, resell or exploit any information, software, products and services contained on or forming part of any platform and/or the Service, or otherwise use the content of any Platform and/or the Service for resale, re-distribution or for any other commercial use including any surveys, contests or pyramid schemes, or to participate in or cause others to participate in sending chain letters, junk email, spam, duplicate or unsolicited communications.
You further agree that you shall not: (a) interfere with or disrupt (or attempt to interfere with or disrupt) any Platform and/or the Service or servers or networks connected to any Platform, or to disobey any requirements, procedures, policies of or connected with any Platform and/or the Service; (b) provide any information to Fuji that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; (c) use or access any Platform and/or the Service in and from jurisdictions in which it or its contents are restricted or prohibited by local law; (d) attempt to gain unauthorised access to any Platform and/or the Service or any accounts, computer systems and networks connected to any Platform or other Fuji website through hacking, password miming or any other means; (e) use any Platform and/or the Service to harvest or otherwise collect by any means any program material or information (including without limitation email addresses or details of other users) from any Platform and/or the Service except as otherwise authorised under these Terms or to monitor, mirror or copy any content of any Platform and/or the Service without the prior written consent of Fuji; or (f) use any Platform and/or the Service to process, digitize, post, store, share, transmit or otherwise obtain any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
The pages contained in any Platform may contain technical inaccuracies and typographical errors. The information on any Platform may be updated from time to time but we do not accept any responsibility for keeping the information in these pages up-to-date nor any liability for any failure to do so. Fuji makes no representation as to the accuracy, reliability or completeness of the contents of any Platform or the advertisements posted on any Platform.
THE USE OF ANY PLATFORM AND/OR THE SERVICE IS AT YOUR OWN RISK.
2. Copyright Notice and Limited Licence
The information, content, graphics, text, sounds, images, buttons, get-up, trademarks, service marks, trade names and logos (the “Materials”) contained or displayed in or on any Platform and/or the Service are protected by copyright, trade mark, database right, sui generis right and other intellectual property laws, under national laws and international treaties. Fuji and/or its licensors (as the case may be) retain all right, title, interest and intellectual property rights in and to the Materials.
Any other use of the Materials on any Platform, including in any form of copying or reproduction (for any purposes other than those noted above) modification, distribution, uploading, re-publication, extraction, re-utilisation, incorporation or integration with other materials or works or re-delivery using framing technology, without the prior permission of Fuji is strictly prohibited and is a violation of the proprietary rights of Fuji. Other than as expressly provided herein, nothing in these Terms should be construed as conferring by implication or otherwise any licence or right under any copyright, patent, trade mark, database right, sui generis right or other intellectual property or proprietary interest of Fuji, its licensors or any third party.
3. Content
FUJIFILM Imagine acts as a channel for the processing of Images submitted by you (including on the Site and the App the online distribution, storage and publication of Images), and Fuji has no obligation to screen or monitor Images or content of any nature submitted by you. It does not intend to pre-screen content uploaded or stored by you while using the Service, and it does not exercise any editorial control over the content of any Platform and/or the Service or other material created or accessible over or through any Platform and/or the Service.
However, Fuji reserves the right for it (and/or in respect of any Kiosk, the Retailer) to monitor the content of any Platform and/or the Service and, at its sole discretion, to remove content and/or not allow the printing of Images which violate the Terms, in particular Images which are indecent, abusive, illegal or disruptive. In particular, Fuji may take any action with respect to uploaded or stored content that it deems necessary or appropriate in its sole discretion if it believes it may create liability for Fuji. It is the policy of Fuji not to allow the transfer, uploading or use of Images which Fuji, in its sole discretion, considers to be of an indecent, abusive, illegal or disruptive nature. Fuji reserves the right to take such action as it deems appropriate in respect of such Images including but not limited to removing Accounts and/or individual Images that promote naked, indecent, abusive, illegal, disruptive or obscene Images through the albums, photoshare facility or otherwise, without any liability to you or any third party. If Fuji is notified that a certain Image(s) does not conform to these Terms, Fuji may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of the Image. Fuji has no liability or responsibility to you or any other user for the performance or non-performance of such activity. Fuji reserves the right to expel you from any Platform and/or the Service if you are a registered user, close your Account and prevent further access to any Platform and/or the Service for violation of these Terms or the law.
4. Links to Third Party Websites
The Site and the App contain links to third party websites. Your use of third party websites is subject to the terms and conditions of use contained within each of those websites. Access to and use of any other website through the Site and/or the App is at your own risk. Fuji is not responsible or liable for the accuracy of any information, data, opinions, or statements made on third party websites or the security of any link or communication with those websites. Fuji reserves the right to terminate a link to a third party website at any time. The fact that Fuji provides a link to any third party website does not mean that Fuji endorses, authorises or sponsors that website, nor does it mean that Fuji is affiliated with the third party websites, owners or sponsors. Fuji provides these links merely as a convenience for those who use the Site and/or the App.
5. Availability
Although Fuji endeavours to ensure that any Platform and/or the Service is available at all times, there may be occasions when interruption to any Platform and/or the Service may occur, e.g. to allow maintenance, upgrades and emergency repairs to take place, due to failure of telecommunications links and equipment that are beyond our control or, in the case of Kiosks, due to acts or omissions of the Retailer. You agree that Fuji shall not be liable to you for any loss incurred by you resulting from the modification, suspension or discontinuance of any Platform and/or the Service or for matters that are beyond our control or due to acts or omissions of the Retailer. You also agree that you are responsible for creating backups of any content you upload to any Platform and/or the Service.
6. Changes in Terms and Conditions
Fuji may modify or terminate any part of the Service offered to you through any Platform from time to time, for any reason and without notice, and without liability, to you, or any other user or any third party. Any additions to, or enhancements of any Platform and/or the Service, including the release of new Fuji features, shall be subject to these Terms. To the greatest extent permitted by applicable law Fuji reserves the right to change the content, services, presentation, performance, user facilities and/or availability of any part of any Platform and/or the Service at its sole discretion, including these Terms from time to time. If you are a registered user or are using a Kiosk and we have changed these Terms, the next time you access the Service you will be asked whether or not you accept the revised Terms.
7. Disclaimers
There are certain matters for which we, to the greatest extent permitted by applicable law, will not be liable to you for your access to and use of any Platform and/or the Service and your purchases via and use of any Platform and/or the Service. You should read this clause carefully. You acknowledge that we and you have entered into these Terms relying on the disclaimers stated herein and that those disclaimers are an essential basis of this contract. Nothing in these Terms is intended or will operate to limit any rights you may have as a consumer under common law or other statutory rights which may not be limited or excluded.
EACH PLATFORM AND THE SERVICE ARE AVAILABLE TO ALL USERS “AS IS” AND, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ARE MADE AVAILABLE WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
FUJI MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS THAT ANY PLATFORM AND/OR THE SERVICE WILL BE FREE FROM DEFECTS, INCLUDING, BUT NOT LIMITED TO VIRUSES OR OTHER HARMFUL ELEMENTS.
FUJI ACCEPTS NO LIABILITY FOR ANY INFECTION BY COMPUTER VIRUS, BUG, TAMPERING, UNAUTHORISED ACCESS, INTERVENTION, ALTERATION OR USE, FRAUD, THEFT, TECHNICAL FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, OR ANY EVENT OR OCCURRENCE BEYOND THE CONTROL OF FUJI, WHICH CORRUPTS OR AFFECTS THE ADMINISTRATION, SECURITY, FAIRNESS, INTEGRITY OR PROPER CONDUCT OF ANY ASPECT OF ANY PLATFORM AND/OR THE SERVICE.
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, FUJI MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS ABOUT THE SERVICE OR MATERIALS IN OR ON ANY PLATFORM OR AVAILABLE THROUGH THE SERVICE (INCLUDING WITHOUT LIMITATION, THEIR ACCURACY, THEIR COMPLETENESS OR THEIR MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE).
YOU AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR IMAGES USING ANY PLATFORM, AND THE PROVISION OF ANY MATERIAL THROUGH ANY PLATFORM AND/OR THE SERVICE IS PERFORMED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGES OR ANY DAMAGE TO YOUR COMPUTER SYSTEM, SMARTPHONE, TABLET OR SIMILAR OTHER HANDHELD OR STORAGE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF ANY PLATFORM AND/OR THE SERVICE.
YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR IMAGES, DATA AND ANY OTHER CONTENT. FUJI ACCEPTS NO LIABILITY IN THE EVENT OF ANY LOSS OR, OR DAMAGE TO, YOUR IMAGES, DATA AND/OR ANY OTHER CONTENT.
ALL USE BY YOU OF ANY PLATFORM AND/OR THE SERVICE IS AT YOUR OWN RISK. YOU ASSUME COMPLETE RESPONSIBILITY FOR, AND FOR ALL RISK OF LOSS RESULTING FROM, YOUR UPLOADING AND/OR USING OF, OR REFERRING TO OR RELYING ON THE FACILITIES, SERVICE OR MATERIALS PROVIDED THROUGH ANY PLATFORM AND/OR THE SERVICE, OR ANY OTHER INFORMATION OBTAINED FROM YOUR USE OF ANY PLATFORM AND/OR SERVICE.
YOU AGREE THAT FUJI AND PROVIDERS OF CONNECTIONS OR OTHER SERVICES TO FUJI WILL NOT BE LIABLE FOR DAMAGES ARISING OUT OF YOUR USE OR YOUR INABILITY TO USE ANY PLATFORM AND/OR THE SERVICE, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACT, TORT OR OTHER GROUNDS.
8. Limitation of Liability
This clause limits our legal liability to you for your access to and use of any Platform and/or the Service and your purchases via and use of any Platform and/or the Service. You should read this clause carefully. You acknowledge that we and you have entered into these Terms relying on the disclaimers stated herein and that those disclaimers are an essential basis of this contract. Nothing in these Terms is intended to or will operate to limit any rights you may have as a consumer under common law or other statutory rights which may not be limited or excluded.
We accept no liability for the acts or omissions of the Retailer that relate to any Kiosk and/or the Service provided through any Kiosk.
To the maximum extent permitted by applicable law, neither Fuji nor any of its officers, directors, employees, agents, licensors, subsidiaries, affiliates, representatives or suppliers will be liable for loss or damages arising out of or in connection with your use of any Platform and/or the Service, facilities and/or the Materials offered or transactions entered into through or from any Platform and/or the Service including, but not limited to, direct, indirect, incidental, special or consequential loss or damages, loss of data (including digital images), loss of income, profit or opportunity, loss of or damage to property and claims of third parties, even if Fuji has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable.
In no event shall Fuji nor any of its officers, directors, employees, agents, licensors, subsidiaries, affiliates, representatives or suppliers be liable for any loss or damages whatsoever resulting from the statements or conduct of any third party or the interruption, suspension or termination of any Platform and/or the Service, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.
Without limiting the foregoing, under no circumstances shall Fuji or any of its officers, directors, employees, agents, licensors, subsidiaries, affiliates, representatives or suppliers be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, internet failure, computer equipment and other equipment failures, electrical power failures, strikes, lay-way disputes, riots, interactions, civil disturbances, shortages of labour or materials, fires, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or the non-performance of any third party.
Fuji does not exclude liability for death or personal injury caused by our negligence (or that of our employees or authorised representatives), fraud or liability that cannot by law be excluded.
In any event, your sole remedy under these Terms when using the Site or the App will be either, at Fuji’s option, and where possible, the reprocessing of any defective Images or, if applicable, the reimbursement to you of all monies paid by you in respect of the relevant images or prints. Where you are using a Kiosk your remedies are against the Retailer which owns the Kiosk and will be determined by the Retailer’s applicable terms and conditions.
9. Indemnity
You agree to defend, indemnify and hold Fuji (and as applicable, its officers, directors, employees, agents, licensors, subsidiaries, affiliates, representatives, suppliers and any of our third party information service providers) harmless against any and all demands, losses, liabilities, expenses, fines, penalties, damages and costs, including legal costs, incurred or levied against Fuji, and claims made by or liabilities to any third party, resulting from any activities conducted under your Account, your use or misuse of any Platform and/or the Service, infringement of any third party’s intellectual property or other rights including but not limited to any claim that your Images and/or other data infringe any copyright or intellectual property rights, or otherwise arising out of your breach of these Terms.
10. Privacy
Fuji respects and protects the privacy of the individuals who access and use any Platform and/or the Service. For full details of the manner in which Fuji uses personal information, the type of information Fuji collects, how Fuji uses it and under what circumstances Fuji discloses information, please read Part (III) of these Terms (“Privacy Statement”) set out below.
11. Off-Line Conduct
Although Fuji cannot monitor the conduct of its users when they are not using a Platform, it is a violation of these Terms to use any information obtained from any Platform and/or the Service in order to harass, abuse or harm another person, or in order to contact, advertise to, solicit or sell to any user or person without their express prior consent.
12. Jurisdiction and Governing Law
The Site and those parts of the Service provided through the Site are controlled and operated by Fuji from Ireland. The Site and those part of the Service provided through the Site are controlled and operated by Fuji from Ireland. The App and those parts of the Service provided through the Site are controlled and operated by Fuji from Ireland. Fuji does not make any requirements in any such other countries. In accessing the Site and/or the App, you do so at your own risk and on your own initiative, and are responsible for compliance with locals laws, to the extent any local laws are applicable.
The Terms shall be governed by and construed in accordance with the laws of Ireland, and you hereby agree for the benefit of Fuji and without prejudice to the right of Fuji to take proceedings in relation to the Terms before any court of competent jurisdiction, that courts of Ireland shall have jurisdiction to hear and determine any actions or proceedings that may arise out of or in connection with these Terms, and for such purposes you irrevocably submit to the jurisdiction of such courts.
13. Waiver
The failure of Fuji to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
14. Entire Agreement
You acknowledge the Terms constitute the entire agreement between you and Fuji relating to any Platform and/or the Service and will govern your use of any Platform and/or the Service superseding any prior agreements between you and Fuji. In the case of inconsistencies between the Terms and information included in off-line materials (e.g., promotional materials and flyers), the Terms will always prevail. You may also be subject to additional terms and conditions of the Retailer for your use of the Kiosk and additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
15. Age and Responsibility
To purchase any goods or services using the Service you must be aged at least 18 years of age. If you are under the age of 18, you may avail yourself of any Platform and/or the Service or open an Account but only in conjunction with and under the supervision of your parents or guardian. By using any Platform and/or the Service you understand that you are financially responsible for all use of any Platform and/or the Service by you and those using your log-on information. You agree to notify us immediately of any unauthorised use of your log-on information or account or any other breach of security.
PART II – FOR USERS WHO REGISTER A FUJIFILM IMAGINE ACCOUNT
16. Registration and Access
In order to complete the registration process to open an Account you must choose a user name and password. Fuji may restrict the user name and password you can choose. You will be asked to provide information including (but not limited to) your name, email address, phone number, postal address and such other information required from time to time to open an Account and provide you with those aspects of the Service only available to registered users. By using the Service, you represent that the information you provide about yourself when registering or placing an order or otherwise is true, accurate and up-to-date.
You are fully responsible for all actions taken under your Account and you agree only to use the Service and your Account using your own user name and password. You must make all reasonable efforts to keep your password safe.
You may choose to share Images and/or projects created using your Images such as photo books and canvas prints (“Projects”) with those to whom you have given authorisation to view the Project in question. Please note that when you share Images and/or Projects, you are permitting those recipients to share your Images and/or Projects with others and to print and reproduce your Images and/or Projects. You agree to immediately notify Fuji of any unauthorised use of your user name and/or password. Fuji may at its absolute discretion, refuse to accept your application to become a registered user or terminate your registration without prior notice at its sole discretion.
It is important to note that any Images and/or other data which you upload, post, order for print or otherwise transmit via your smartphone, tablet or other handheld or storage device to whichever Platform in order to use the Service is only stored temporarily in your Account and will be automatically deleted after 28 calendar days if using the mobile platform and 90 days is using the kiosk and/or online platform. Therefore if you wish to ensure that any such Images and/or other data are available in your Account after this period you will need to transfer such Images and/or data to your computer system and then upload, post or otherwise transmit such Images and/or other data to your Account on the Site from your computer system. However please note that even if you do this, FUJIFILM imagine is not intended to be a permanent storage system and the provisions of the following paragraph apply to your Account and all Image and/or other data in that Account.
If your Account is inactive for more than three (3) months, Fuji may, at its option, terminate your Account, remove and delete any content, including but not limited to any and all postings, albums, image files or any other content you have within the Service and/or your Account. WE will deem your Account inactive you have not ordered prints from your Account using the Site or App at least once in every three (3) month period.
18. Third-Party Software
Should you choose to download any third –party software through any Platform and/or the Service you agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading any third party software, you acknowledge and agree that Fuji does not guarantee that any software downloaded through any Platform and/or the Service will be free of viruses, worms, trojan horses or other forms of corruptive code. Fuji makes no representation or warranty concerning the performance, effectiveness or any other aspect of any third-party software downloaded through or otherwise used in connection with any Platform and/or the Service. In no event shall Fuji (including its officers, directors, employees, agents, licensors, subsidiaries, affiliates, representatives or suppliers) be liable for claims of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through or otherwise used in connection with any Platform and/or the Service.
19. Suspension/Termination
Fuji may at any time, without notice to you, suspend or terminate your access to or use of any Platform and/or the Service, wholly or partially for any reason, including without limitation, where you are in breach of these Terms, or if Fuji cannot verify or authenticate any information submitted to any Platform and/or the Service, or if for any reason Fuji suspends or discontinues any Platform and/or the Service, or is unable to supply the Service to you through any Platform.
Fuji reserves the right, at its sole discretion, to pursue all of its legal remedies upon breach by you of these Terms, including but not limited to deleting and discarding your Images and any other data from any Platform and/or the Service, immediately terminating your Account and restricting your ability to access and use any Platform and/or the Service. Further, you agree that Fuji shall not be liable to you or any third party for any modification, termination or suspension of your access to any Platform and/or the Service, your Account and/or the facilities provided through any Platform.
20. Orders
Orders made using Kiosks
An order submitted by you via the Kiosk constitutes an offer by you to the Retailer to purchase the order and is subject to the Retailer’s subsequent acceptance and applicable terms and conditions. We recommend that you familiarise yourself with such terms and conditions. In submitting your order, you warrant and undertake that any information provided by you when placing your order is up-to-date, accurate in all material respects and is sufficient to fulfil your order, and that you have the legal capacity to enter into a contract.
If you have any complaints about the quality of your prints or if your prints are in any way defective, then you should contact the Retailer. However, you should note that the quality of your prints may vary and will be dependent on the quality of the Images you send for processing.
While the Retailer will make reasonable efforts to facilitate the efficient processing of your order, your order may be rejected (without liability) if for any reason the Retailer is unable to process or fulfil your order. In particular, and without prejudice to the generality of the foregoing, your order may be rejected (without any liability) if you are in breach of any of the Terms, in particular clauses 1, 2, 3, 15, 23 or 24. If your order is rejected, any prior payment that you may have made may be refunded by the Retailer in accordance with the Retailer’s applicable terms and conditions.
Orders made using the Site and/or the App
An order submitted by you constitutes an offer by you to us to purchase print processing services and any other products or services available via the Site or the App on these Terms and is subject to our subsequent acceptance. In submitting your order, you warrant and undertake that any information provided by you when placing your order is up-to-date, accurate in all material respects and is sufficient for us to fulfil your order; and that you have the legal capacity to enter into a contract.
You are responsible for maintaining and promptly updating your account information as necessary to ensure accuracy and completeness. You are also responsible for keeping all such information (including any passwords given to you for the purposes of accessing the Site, the App and/or availing of the Services) secure against unauthorised access. We will not be liable to you for any losses you may incur as a result of any unauthorised third party access to your account and/or any fraudulent use of your credit or debit card on the Site or the App.
Acceptance of your order and completion of the contract between you and us takes place once your prints have been delivered to you and you have collected them at a FUJIFILM Imagine retail outlet. Taking payment from you does not indicate acceptance of your order. If your order is not accepted by us a refund of any amounts debited from your payment card will be refunded to you.
We will not be responsible if you fail to receive a confirmation email as a result of you submitting an incorrect email address. You should review the email confirmation carefully to ensure that all details are correct. If you have any queries about or wish to correct any of your order details, you should contact the address specified on the email immediately. In particular, you should check that the delivery or collection method for your prints is correct.
You should ensure, therefore, that the email address you notify to us is the correct address to which you wish our confirmatory email to be sent. We are not liable to you for loss or damage arising out of your failure to notify us of your desired email address.
When you are submitting an order, you will be asked to specify one of the following methods of delivery or collection of your prints (i) you may collect your prints at a FUJIFILM Imagine retail outlet that is convenient to you or (ii) you may request a local FUJIFILM Imagine retail outlet to post your prints to the address specified by you in your order.
If you have any complaints about the quality of your prints or if your prints are in any defective, then you should contact the FUJIFILM Imagine retail outlet names at the bottom of your order confirmation. However, you should note that the quality of your prints may vary and will be dependent on the quality of the Images you sent for processing. While each FUJIFILM Imagine retail outlet will make reasonable efforts to facilitate the efficient processing of your order, your order may be rejected (without liability) if for any reason the FUJIFILM Imagine retail outlet is unable to process or fulfil your order. In particular, and without prejudice to the generality of the foregoing, your order may be rejected (without any liability) if you are in breach of any of the Terms, in particular clauses 1, 2, 3, 11, 12, 15, 20, 23 and 24. If your order is rejected, any prior payment that you may have made will be refunded, unless the reason for rejecting your order is due to your breach of the Terms.
When you register for your Account, you will automatically be allocated storage space on the Site allocated to your Account at no extra cost. If you have any queries or wish to notify us of any complaints or issues in respect to your temporary storage space, then you should contact us directly at imaginesupport@fujifilm.ie
We may keep records of orders received, acknowledgements, acceptances and other contract records for a reasonable period after acceptance of your order. We will use our reasonable commercial endeavours to provide you with information on written request. We recommend that you print a copy of all such documents and the Terms for your own records.
21. Pricing and Payment
Any prices, quotations and descriptions made or referred to on any Platform for the Service are provisional, do not constitute an offer and may be withdrawn or revised at any time prior to our or, in the case of the Kiosk the Retailer’s, express acceptance of your order.
All prices stated on any Platform for the Service are in Euros and unless other specified are inclusive of VAT and any other applicable tax or duty and exclusive of delivery charges. Fuji reserves the right to change prices stated on any Platform for the Service at any time.
For the Site we have implemented a fully hosted payment solution by WorldPay (UK) Limited (“WorldPay”). WorldPay are a compliant to the highest level (level 1) of the PCI-DSS (Payment Card Industries Data Security Standard). WorldPay collects processes and stores credit card and/or debit card details on their systems at the time of the order. Card details are stored with World Pay for 6 months allowing us to quickly issue refunds where necessary. Fuji employees have no access to any sensitive customer information, including card details held within the WorldPay systems. Our employees use reference numbers, supplied to us by WorldPay at the time of order, to conduct any refunds or cancellations. At no time does Fuji store or transmit any credit card and/or debit card details. Therefore you will need to enter your card details each time you wish to purchase goods and services on the Site unless you use the option to pay by PayPal.
PayPal is the only method of payment available on the App.
22. Delivery & Collection
Orders made using Kiosks
Any arrangement for the collection of orders is between you and the Retailer. Fuji shall not be liable to you in respect of any delays or failure to meet any order and/or collection timescales. If you have not collected your prints within the timescales notified to you by the Retailer, you acknowledge that your prints may be destroyed without any liability to you. The Retailer may only store your Images for as long as is reasonably necessary to process your order, which is normally 5-7 working days after you submit your order or such period as determined by the Retailer. Consequently, we recommend that you retain a copy of your Images and do not delete any Images until you have collected your order.
Orders made using the Site and/or the App
When you are submitting an order, you will be asked to specify one of the following methods of delivery or collection of your prints:
• you may collect your prints at a FUJIFILM Imagine retail outlet that is convenient to you; or
• you may request that your prints are to be posted to you at the address specified by you in your order.
While we will set out approximate delivery or collection timescales in our confirmatory email, we do not guarantee any specific delivery or collection times or dates and shall not be liable to you in respect of any delays or failure to meet any and all delivery or collection timescales.
In the event that there is any such delivery or failure to meet delivery or collection timescales, you should contact the FUJIFILM Imagine retail outlet named on the bottom of your order confirmation. If you have chosen to have your prints delivered and have not received your prints within 30 days of receiving your confirmatory email, you are entitled to a refund of any monies paid in respect of that order.
If you wish to have your prints delivered to the mailing address specified by you, you acknowledge that we will charge a delivery charge for providing such services. This delivery charge will be set out at the “checkout” page of the Site or the App. You should also ensure that the delivery address specified on our confirmatory email is correct and should notify us immediately if there are any inaccuracies in the delivery address. In the event that your prints are returned to the relevant FUJIFILM Imagine retail outlet because the delivery address that you have notified to us is incorrect or inaccurate, your prints may be destroyed without us incurring any liability to you. You may be subject to additional delivery charges in the event that you wish to change your delivery address after submitting an order and before your prints have been posted to your delivery address.
If you have not collected your prints within the timescales notified to you or if our FUJIFILM Imagine retail outlet has been unable, for any reason, to deliver the prints to you within 30 days from the specified delivery date, you acknowledge that your prints may be destroyed without any liability to you.
We will only store your Images for as long as is reasonably necessary to process your order, which is normally 28 calendar days after you submit your order unless you have uploaded, posted or otherwise transmitted such Images and/or other data to your Account on the site from your computer system in which case they will be stored for at least 3 months after you submit your order. Consequently, we recommend that you retain a copy of your Images and do not delete your Images until you have either collected your order and your order has been delivered to you.
23. Your Warranties
You warrant and undertake that:
• any information provided by you when opening an Account is up to date and accurate in all material respects;
• any information provided by you when placing an order is up to date, accurate in all material respects and is sufficient for us to fulfil your order;
• you have the legal capacity to enter into a contract;
• any Image and/or other data which you upload, post, order for print or otherwise transmit on or to any Platform when using the Service vests in you or you have a licence to use such Image and/or other data.
You are responsible for maintaining and promptly updating your Account information as necessary to ensure accuracy and completeness. You are also responsible for keeping all such information (including any passwords given to you for the purposes of accessing any Platform and/or using the Service) secure against unauthorised access and/or use. We will not be liable to you for any losses you may incur as a result of any unauthorised third party access to and/or use of your Account and/or for any fraudulent use of your credit or debit card on the Site and/or the App.
24. Copyright in Your Images
We acknowledge that all copyright in any Image and/or other data that you upload, post, order for print or otherwise transmit on or to any Platform when using the Service vests in you or you have a licence to use the Image. You hereby grant to us, the FUJIFILM Imagine retail outlets that we use (and, when using a Kiosk, the Retailer) a non-exclusive , royalty free, transferable licence to download, upload, reproduce, use, copy, edit, distribute, display and store your Images for the purposes of providing the Service.
25. Cooling Off Period
If you are a consumer (i.e. if you are a natural person who, as regards a distance contract, is acting for purposes which are outside your trade, business or profession) who purchases goods and services using any means of distance communication (for example, email, internet etc.) you have a right to cancel such contracts without giving a reason within a period of seven days from the date the contract was formed under the European Communities (Protection of Consumers in Respect of Contracts Made by Means of Distance Communication) Regulations, 2001.
However, this “cooling off” period does not apply where goods are clearly personalised and consumers may not exercise the right of cancellation where personalised goods have been ordered. The personalised nature of Images that you provide to us for processing means that the “cooling off” period does not apply in respect of the supply of the prints to you and you acknowledge that this is the case. You also acknowledge that insofar as such Service is provided to you via any Platform, the “cooling off” period does not apply to such Service because such Service will begin within seven days of the placing of your order