PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS STATED BELOW, PLEASE DO NOT ACCESS OR USE THE CANON SOUTH AFRICA (CSA) PHOTOBOOKS WEBSITE.
For the purpose of this document:
“The customer” shall mean any person, company or entity using or ordering through the Canon SA (CSA) Photobooks website, software, product offerings and “My” shall mean CSA Photobooks, the Company managing, developing and offering the service, its employees, directors and shareholders.
1. Acceptance of orders
All orders are accepted according to these terms and conditions. By using the CSA Photobooks software or website you accept these terms and conditions.
After processing an order, the uploaded file is kept on the CSA Photobooks server for a period of three (3) weeks. This is done in case there is a need to check a file in respect of any quality related issues.
2. Copyright and content
All material and software belong to CSA Photobooks. All rights are reserved worldwide. It is strictly prohibited to redistribute copy or republish any of the material and software contained on the CSA Photobooks website. The Customer may only use this website to browse the content, download the software, compose a product online and make legitimate purchases and shall not use this website for any other purpose including, without limitation, to make any speculative, false or fraudulent purchase.
Words, names and designs used to identify services or products are considered trademarks, service marks, and /or logos. The same policy is applicable for copyrights. The Customer cannot use unlicensed copyrighted materials from photographers, artists, publishers, composers, writers, or any other authors of original works. The copyright owner’s exclusive rights prohibit the reproduction of any original work. CSA Photobooks also state that The Customer cannot use explicit language or pornography on printed materials and merchandise.
The Customer is responsible for the content of their product/s that they submit to CSA Photobooks for printing. CSA Photobooks does not accept any liability for the copyright of the photos, graphics, logos and other content used in the products offered and ordered. The Customer must ensure that they are not breeching any copyright, patent, trademark or any other law before uploading a product to CSA Photobooks. The Customer is responsible for all possible consequences of unlawful use of protected data. The Customer must also ensure that the content of the product submitted complies with all legal requirements relating to obscenity, libel or any other matter. The Customer will be subject to the legal provisions of South Africa and any other relevant country. These terms and conditions shall be governed by and construed in accordance with the laws of South Africa. Any disputes arising under or in connection with these terms shall be subject to the non-exclusive jurisdiction of a court in South Africa.
Recognising the global nature of the Internet, The Customer agrees to comply with all local rules regarding online conduct and acceptable content. The Customer further agrees to not use the service to send, upload, post or otherwise transmit any content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of South Africa, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of South Africa; (iv) any defamatory remarks directed at any other person or company; or (v) any content that infringes the intellectual property rights or other proprietary rights of CSA Photobooks or any third party. CSA Photobooks does not control the content posted by The Customers and does not guarantee the accuracy, integrity or quality of the content. Under no circumstances will CSA Photobooks be liable to The Customer in any way for any content, The Customer may be exposed to or that The Customer may find offensive, indecent or objectionable. Products and services are provided for The Customer’s personal use only. The Customer agrees to abide by these terms of service and not to use these products and services or related messages for any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
The Customer acknowledges that CSA Photobooks does not pre-screen content, but that CSA Photobooks and its designers shall have the right (but not the obligation) in their sole discretion to remove any content that violates the terms of service or may otherwise be objectionable. The Customer further acknowledges and agrees that CSA Photobooks may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that the content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of CSA Photobooks, its users and the public.
The Customer acknowledges that upon submitting an order they grant permission to CSA Photobooks to reproduce said content in service of ordered products as well as promotional material. CSA Photobooks will make reasonable effort to contact the Customer prior, in order to make them aware of any impending promotional content that makes use of their Photobook or its imagery.
3. Use of the Software
The CSA Photobooks software may only be used to compose and order a photo product offered by CSA Photobooks. The Customer or any representative of The Customer is forbidden to decompile the software, undertake, cause, permit or authorise the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software. Such action will be deemed criminal and offenders will be prosecuted using the full extent of the law.
CSA Photobooks can in no way be held responsible for damage or loss to, or of the uploaded files or to non-delivery of any product due to incorrect information given or failure by the couriers to locate and deliver the product to The Customer. CSA Photobooks is not responsible for third party shipping errors, omissions or damaged shipments.
CSA Photobooks cannot be held responsible in any way for the quality of the photographs placed by The Customer into the products offered. It is for The Customer to ensure and determine that the quality of the photograph(s) taken and placed into the product(s) are suitable before ordering and uploading the file to CSA Photobooks.
CSA Photobooks takes no responsibility for the colour of covers represented by a swatch block and description on the website as they act as a guideline only.
CSA Photobooks shall not be required to produce any matter which in their opinion is illegal or defamatory or obscene and retains the right to execute orders placed.
The Customer shall indemnify CSA Photobooks against any claims, costs and expenses arising out of infringement of copyright, trademark, patent or design. CSA Photobooks gives no warranty, express or implied, concerning the suitability of the goods supplied for any purpose whatsoever nor shall CSA Photobooks be liable for any direct, indirect, consequential or other loss including loss to third parties arising out of errors in carrying out an order placed or by delay in delivery, or by the suitability of goods for use as intended.
The Customer agrees to indemnify and hold CSA Photobooks and its subsidiaries, affiliates, officers, agents, co-branders, print vendors, business partners, employees, successors or assigns harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of content The Customer submits, posts to or transmits through the use of the CSA Photobooks service, The Customers use of the Service, The Customers connection to the Service, The Customers violation of the terms of service, or The Customers violation of the rights of a third party.
5. CSA Photobooks’ rights
CSA Photobooks reserves the right to:
- modify or withdraw, temporarily or permanently, the website (or any part of) with or without notice to you and you confirm that we shall not be liable to them or any third party for any modification to or withdrawal of the website; and /or
- change these conditions from time to time, and your continued use of the website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the conditions have been changed. If you do not agree to any change to the conditions then you must immediately stop using the website.
- we will use our reasonable endeavours to maintain the website. The website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the website or because of a failure, suspension or withdrawal of all or part of the website due to circumstances beyond our control.
This site is owned and operated by CSA Photobooks. Your privacy on the Internet is of the utmost importance to us. At CSA Photobooks, we want to make your experience online satisfying and safe.
Because we gather certain types of information about our users, we feel you should fully understand the terms and conditions surrounding the capture and use of that information. This privacy statement discloses what information we gather and how we use it.
INFORMATION CSA Photobooks GATHERS AND TRACKS
CSA Photobooks gathers two types of information about users:
Information that users provide through optional and voluntary submissions. These are voluntary submissions to receive our electronic newsletters and to email a friend.
Information CSA Photobooks gathers through aggregated tracking information derived mainly by tallying page views throughout our sites. Under no circumstances does CSA Photobooks divulge any information about an individual user to a third party. The website may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the website; the pages that you access while at the website and the Internet address of the website from which you linked directly to our site. This information is used to help improve our website, analyse trends and administer our website.
CSA Photobooks Gathers User Information In The Following Processes:
Optional Voluntary Information
We offer the following free services, which require some type of voluntary submission of personal information by users:
Subscription to Click Magazine
When users register on the CSA Photobook website, we will offer them a free electronic subscription to Click Magazine – Canon SA’s online monthly magazine. Users may remove themselves from this mailing list by following the link provided in the monthly notification email.
CSA Photobooks tracks user traffic patterns throughout all of our sites. However, we do not correlate this information with data about individual users. CSA Photobooks does break down overall usage statistics according to a user’s domain name, browser type, and MIME type by reading this information from the browser string (information contained in every user’s browser).
CSA Photobooks sometimes tracks and catalogues the search terms that users enter in our Search function, but this tracking is never associated with individual users. We use tracking information to determine which areas of our sites users like and don’t like based on traffic to those areas. We do not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you.
USE OF INFORMATION
CSA Photobooks uses any information voluntarily given by our users to enhance their experience in our network of sites, whether to provide interactive or personalised elements on the sites or to better prepare future content based on the interests of our users.
CSA Photobooks operates secure data networks protected by industry standard password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary and only authorised individuals have access to the information provided bu our customers.
PURCHASE AND DELIVERY
When you click to make a purchase with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms and conditions. You must not make any purchase through this website unless you understand and agree to all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase of any product through this website.
All orders are normally delivered within three (3) working days after the payment of an order has been received. Delays in the delivery time can under no circumstances be used to cancel an order or to claim any compensation. Any order is subject to cancellation or variation by reason of Force Majeure from any cause whatsoever beyond CSA Photobooks’ control including inter alia: inability to secure labour, materials, power or supplies, or by reason of an Act of God, war, civil disturbance, riot, state of emergency, strikes, lockout or other labour disputes, fire, flood, drought or legislation.
Occasionally packages are returned to us undeliverable. Should this event take place, every attempt will be made to contact you to make arrangements for re-delivery.
Order processing will not begin until we receive a confirmed order and full payment.
Complaints regarding CSA Photobooks’ services or the quality of the products must in made in writing and received by CSA Photobooks within seven (7) days of receipt of your print product. In order to receive a replacement, the customer must return the received product within 30 days (at their expense) from the time when the ordered product delivery was taken.
Payment Options and Pricing
All transactions will be processed in South African Rands (ZAR). Canon SA Photobooks reserves the right to change pricing at any time without prior notice.
We accept MasterCard and Visa credit cards. If you do not have a credit card please utilise one of the other payment options, or simply log off and return to the site at a later time to complete your order. All of your order details will be saved online under in the Your Account section available for use whenever you’re ready! Sorry for the inconvenience.
- Virtual Card Services process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site’s registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.
- Virtual Card Services is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.
- The Merchant does not have access to credit details.
- Virtual Card Services continually reviews and enhances its security in line with technological changes.
We have the right, but not the obligation, to monitor any activity and content associated with the website. We may investigate any reported violation of these conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and / or removing any materials from the website).
The conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
Updating of these Terms and Conditions
We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. It is the User’s obligation to periodically check these Terms and Conditions at the website for changes or updates. The customers continued use of this website following the posting of changes or updates will be considered notice of the customer’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.