TERMS OF USE

Please read the following Terms of Use before using "FUJIFILM Prints & Gifts Services" provided by FUJIFILM Asia Pacific Pte Ltd. (" Company" or “We”). You shall register for the Services as defined herein only If you are agreeable to Our Terms of Use. By registering as user for the Service, you are deemed to have read and accepted this Terms of Use which forms a binding agreement between you and the Company.

FUJIFILM Prints & Gifts Terms of Use

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”):

  1. 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”).
  2. 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

  3. Any other services provide by the Company from time to time.
    (I.A, B or C, individually or collectively referred to as the “Service”)

II. SCOPE OF COVERAGE OF THESE TERMS

This Terms of Use shall form a binding agreement between you and the Company regarding your use of the Service.

CUSTOMER'S OBLIGATION/TERMS OF PAYMENT

  1. 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.
  2. 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.
  3. 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.
  4. 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

  1. Customers wishing to use the Service are deemed to have agreed to this Terms of Use and shall apply for user registration in accordance with the method specified by the Company. You must be at least eighteen (18) years old to apply for user registration.
  2. 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.
  3. 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

  1. Customer shall access the Service by using the registered e-mail address (and customer-specific password (the "Registration Information") furnished for user registration.
  2. 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.
  3. 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

  1. 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")
  2. 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 INFORMATION

We will not disclose or provide Usage Information to any third party unless it falls under any of the following:

  1. you have given your consent;
  2. disclosure to a Registered Shop for purpose of providing the Service;
  3. entrusting the necessary work to a third party to provide the products / Services ordered;
  4. delegating business related to the management and operation of the Service;
  5. for purpose of payment of goods/Services related to Customer's order;
  6. in the event of a merger, corporate restructuring, sale or transfer of business or for any other reason;
  7. disclosure is necessary to protect human life and human rights; or
  8. when disclosure is required by law and governmental authorities.

VII. DELETION OF THE USER REGISTRATION

You 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.

  1. 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

  1. In using this Service, you warrant that you will not infringe any of the Terms of Use or use this Service for any fraudulent, criminal or illegal activities. In the event that you violate any of the Terms of Use, Company reserves the right without any notice to you, to cancel your user registration forthwith.
  2. 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.
  3. 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 WARRANTIES

You 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.

Company shall not be held responsible for the contents submitted by you and we reserve the absolute right to delete, remove or decline your orders to print or reproduce any of your contents submitted and you undertake to hold Company harmless and indemnified against all claims, suits, demands, actions or any liabilities arising from your breach of any of these Terms of Use.

X. CHANGE OF TERMS OF USE

Company reserves the right to change, update and modify Terms of Use in part or whole, at our sole and absolute discretion, without giving you prior notice. Any such change, update and modification of Terms of Use shall be announced at our website.

XI. CESSATION OF THE SERVICE BY LAW OR DUE TO A FORCE MAJEURE EVENT

Company 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.

Neither party shall be liable for the non performance or delay in the performance of their obligations herein caused by unforeseen circumstances or causes beyond a party's reasonable control, including but not limited to acts of God, war, terrorism, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, failure to obtain export licenses or shortages of transportation, facilities, fuel, energy, labor or materials (“Force Majeure Event”). The party prevented by the Force Majeure Event from performing any of its obligations in part or whole under Terms of Use (the “Non-Performing Party”) will be excused from performing those obligations, provided it shall use commercially reasonable efforts to mitigate damages to the Performing Party. Upon occurrence of a Force Majeure Event, the Non-Performing Party shall promptly notify the other Party of occurrence of such Force Majeure Event, its effect on performance, and the estimated duration of such non-performance.

XII. DELETION OF THE USER & USAGE INFORMATION

  1. Company may at its sole and absolute discretion delete any user information including but not limited to Registration Information or Usage Information without your consent in the event that Company is of the view that such information obstructs the management and operation of the Service, or violates any of the Terms of Use.
  2. 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. NOTICE

Notice from Company to Customer is deemed to have been received by Customer when sent via e-mail addressed to the registered e-mail address.

XIV. SPECIAL PROVISION

In the case where specific conditions which differ from these Terms of Use are prescribed for individual goods and services provided through the Service, such terms and conditions shall prevail over these Terms of Use.

XV. PRINTING AND PROCESSING OF IMAGES

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. Customer confirms that prints of the image data transmitted from the Customer does not infringe any intellectual property laws, copyright, portrait right etc. and other prohibited items referred to in Article IX of this Terms of Use. If we are of the view that there is a possibility that the print of the image data received from the Customer infringes any intellectual property rights of third parties, or violate any provisions herein, we shall at our absolute discretion without notice to Customer, reject the order for print of the image and delete or remove the image without prejudice to our right to enforce Article XII hereof. Notwithstanding anything stated herein, we shall not be responsible for the monitoring and deletion of images stored in our image data storage system.

XVI. DISCLOSURE AND SHARING OF IMAGES STORED

  1. 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.
  2. 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.
  3. 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

  1. 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.
  2. We may discontinue the provision of all or part of Service by giving the Customer one (1) month prior written notice.
  3. We shall not be responsible for any disadvantage or damage caused to Customers due to the termination, discontinuance or abolition of Service.

XVIII. LIABILITIES

  1. Customer shall be liable for all costs incurred (including solicitor’s costs), damages claimed and/or loss, injury or harm suffered by Company and/or Registered Shop for any interruption caused to the Service due to your breach of Terms of Use or unlawful use of the Service.
  2. 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.

XIX. DISPUTE BETWEEN CUSTOMER AND THIRD PARTY

In the event of any dispute arising between you and a third party in connection with the use of the Service, you shall resolve the dispute at your own costs.

XX. GOVERNING LAW & JURISDICTION

This Terms of Use agreement shall be governed by the laws of the Republic of Singapore. In the event of any dispute between Company and Customer arising from, in connection with this Terms of Use and/or the Service provided hereunder, the parties shall be subject to the non-exclusive jurisdiction of the courts of the Republic of Singapore.