I. OUTLINE OF SERVICE"FUJIFILM Prints & Gifts Service" means any of the following services provided by the Company via the internet to customers who have placed an order for any of the Services via the Company’s Singapore eCommerce site (the “Customer” or “you”):
- VARIOUS PRINT RELATED MERCHANDISE SERVICES
We place orders for various print related merchandise services accepted from customers through our order management system managed either by the Company or a store registered with us to provide such services to customers (“Registered Shop”).
- IMAGE STORAGE SERVICE
We provide the service to store image data transmitted by customers in the image data storage system managed by the Company or, to create a photobook image that automatically selects and stores the images according to our proprietary technology. Customer, thereafter will be notified of the completed photobook image for viewing; or
- Any other services provide by the Company from time to time.
(I.A, B or C, individually or collectively referred to as the “Service”)
CUSTOMER'S OBLIGATION/TERMS OF PAYMENT
- You shall pay for the items ordered in the local currency without any limitation to taxes, duties, customs clearance if any. You shall pay the price upon ordering either through credit/ debit transactions via our official merchant of payments or any other methods agreed by you as the Customer. The Company may decline your request for the Service if you fail to make a valid payment for the Service.
- Provided you made a valid payment, you will receive the item ordered through the Service in the manner you have selected at the time of your order. If you selected to receive the item from the front counter of any of the Registered Shops, then unless otherwise specified, you shall visit the Registered Shop of your choice within one (1) month from the date when the item ordered becomes available.
- You shall be responsible for all communication costs incurred when accessing this Service and shall furnish additional verifications and/or information as and when required by the Company.
- Notwithstanding anything stated herein, Company reserves the right to accept or decline any of your orders for any reasons whatsoever, or reduce the quantity supplied against your orders made without prior notice to you. Company further reserves the right to substitute without notice any material used in the production of your items ordered in cases of material shortage provided the quality and specifications are not compromised.
III. USER REGISTRATION
- When Company receives an application for user registration, Company may, at its sole and absolute discretion, register the Customer as a user of the Service or reject such registration upon review of the user registration application. Customer expressly acknowledges and agrees that Company does not have any obligation to provide Customer with reason of such rejection.
- In the event of any change to the information furnished in the user registration, the Customer shall promptly notify the Company in the manner specified by the Company.
IV. REGISTRATION INFORMATION
- Customer shall access the Service by using the registered e-mail address (and customer-specific password (the "Registration Information") furnished for user registration.
- Customer shall manage his/her Registration Information at his/her own risk. Customer shall not permit the use of his/her Registration Information by a third party.
- In the event the Customer’s Registration Information has been used by a third party without permission (“Unauthorised Use”), Customer shall immediately notify in writing the Company of Unauthorised Use (“Notice of Unauthorised Use”). Upon receiving Notice of Unauthorised Use, Company will take action to minimise further exposure of the Registration Information and may, at its sole discretion, adopt additional preventive measures in order to prevent the reoccurrence of Unauthorised Use.
Customer shall hold Company harmless and indemnified from, any damages or losses suffered by Company and/or our Registered Shop(s) due to the Unauthorised Use of the Customer’s Registration Information.
V. HANDLING OF CUSTOMER'S INFORMATION
- When you use the Service, the following information transmitted to the Order Receipt System / Image Data Storage System managed by the Company will be recorded and stored in accordance with applicable laws and regulations:
- Your name, address, telephone number, your registered user e-mail address, credit card details for payment settlement, the delivery address of the goods, address of third party for purpose of printing the post card, etc.; and
- Image data provided by you in the course of using the Service.
(Individually and Collectively "Usage Information")
- We will use the Usage Information for the following purposes only:
- To create various print related products for Customers;
- To place orders for various print related product services for Customers;
- To create a photo book image and notify Customer of completion of the photo book image for viewing;
- To retain Customer's order information to facilitate future orders;
Subject to Customer’s consent, to issue updates to Customers regarding the Service via direct mails or otherwise; or
- To create statistical data in such manner which does not reveal the data of individual Customers
VI. DISCLOSURE OF CUSTOMER INFORMATIONWe will not disclose or provide Usage Information to any third party unless it falls under any of the following:
- you have given your consent;
- disclosure to a Registered Shop for purpose of providing the Service;
- entrusting the necessary work to a third party to provide the products / Services ordered;
- delegating business related to the management and operation of the Service;
- for purpose of payment of goods/Services related to Customer's order;
- in the event of a merger, corporate restructuring, sale or transfer of business or for any other reason;
- disclosure is necessary to protect human life and human rights; or
- when disclosure is required by law and governmental authorities.
VII. DELETION OF THE USER REGISTRATIONYou may remove the user registration at any time by following the procedures established for the Service. You may also request the Company to delete the user registration by following the procedures prescribed.
- You are aware that if you delete the user registration, you will no longer be able to continue to use the Service henceforth.
VIII. CANCELLATION OF USER REGISTRATION
- Company may, at its sole and absolute discretion, cancel or remove any user registration which has not been used for more than one (1) year from its date of registration.
- Company shall not be responsible or be liable to you for any cost incurred, loss or damages caused by the cancellation, deletion or removal of registration pursuant to this Article VIII.3.
IX. CUSTOMER’S WARRANTIESYou warrant that you shall not use the Service for the following acts:
- To report or provide false facts in user registration and use of the Service;
- To tamper with information and program of the Service;
- To send or write harmful computer programs, materials containing virus or any corrupted codes;
- To infringe the intellectual property, copyrights and/or violate privacy and other rights of Company and/or any of Registered Shops or any third party;
- To slander, defame, abuse, offend, injure the reputation and honor of our Company, and/or any of Registered Shops or any third party;
- To Interfere with business of Company, and/or any of Registered Shops or any third party;
- To publish, post or send information, audio or visual images which are obscene, violent, indecent, unlawful, threatening or inappropriate;
- To conduct acts contrary to public order and morals or acts that violate any laws and ordinances;
- To perform or conduct acts aimed at business activities which target an unspecified number of people;
- To perform or conduct any acts that may interfere with the operation of the Service; or
- To perform or conduct any other acts deemed inappropriate by Company.
XI. CESSATION OF THE SERVICE BY LAW OR DUE TO A FORCE MAJEURE EVENTCompany will notify you if the operation of the Service violates any laws or regulations or any court order whereby the Service shall cease immediately. No prior consent is required from Customers for the cessation of the Service hereunder.
XII. DELETION OF THE USER & USAGE INFORMATION
- Company shall not be liable for any damages or cost/expenses incurred or loss suffered by the Customer attributed directly or indirectly by the deletion of the user and /or Registration Information in accordance with this Article XII.
XIII. NOTICENotice from Company to Customer is deemed to have been received by Customer when sent via e-mail addressed to the registered e-mail address.
XV. PRINTING AND PROCESSING OF IMAGES
- We may request that you resend your image data, in the unlikely event that our image data is damaged accidentally or due to an unexpected incident.
- Customers are advised to retain all original data of the image uploaded or otherwise submitted to us to allow for reordering or resubmission in the event that digital image submitted is damaged, corrupted or lost Provided we will not be held responsible or liable for compensation for any damage to the image data transmitted from the Customer to Company.
- You are aware that due to differences in the monitor, hardware, settings, etc, or display and creation methods, the images shown on your computer monitor and the products you receive may differ. Returns and exchanges for these reasons shall not be accepted. Defective products attributed to manufacturing defects or process, shipping or failure to meet order specifications can be returned for exchange subject to the Company’s consent with such consent not being unreasonably withheld or denied.
- In the image storage service, images will be compressed automatically based on our reasonable judgement that image data transmitted from Customers does not affect print finish, and can be stored in our system. We will not entertain any claim for compensation or refund due to image compression of original image and /or return of printed merchandise from storage image.
XVI. DISCLOSURE AND SHARING OF IMAGES STORED
- Public sharing, reproduction and modification of any Customer's image stored in our image data storage system by Customer for purposes other than as stated herein shall be carried out at the Customer’s own risks. Company shall not responsible for any consequences arising therefrom. You shall be solely responsible to seek consent from any third party owner where applicable, for the sharing, copying, reproduction and modification of any of the images uploaded or stored in our image data storage system.
- Company shall not be liable to the Customer for claims arising from any damage to the image data stored in our image data storage system.
- Customer shall be solely responsible to resolve all issues between Customer and other third party, at your own expense and responsibility without implicating Company in any manner whatsoever.
XVII. INTERRUPTION / ABOLITION OF SERVICE
- We may temporarily suspend part or all of the Service without notifying the Customer in advance under any of the following circumstances:-
- (a) When we conduct periodic or urgent maintenance, inspection, change, and/or troubleshooting of the equipment / systems used to provide the Service;
- (b) When it is difficult to provide the Service due to Force Majeure Event;
- (c) When there is a malfunction or breakdown in the communication system; or
- (d) When Company temporarily suspends or stops service due to operational or technology failure or change, or where Company determines at its sole discretion that it is difficult or impossible to continue providing the Service.
- We may discontinue the provision of all or part of Service by giving the Customer one (1) month prior written notice.
- We shall not be responsible for any disadvantage or damage caused to Customers due to the termination, discontinuance or abolition of Service.
- Except expressly sated herein and save for gross negligence or wilful misconduct, Company shall not be liable for any costs incurred, damages claimed and/or loss damage caused to Customers in connection with the use of the Service.