Terms and Conditions
Welcome to FUJIFILM Prints website “Fujifilmprints.com”, an Internet based e-commerce portal for providing Online Print Services by FUJIFILM INDIA PRIVATE LIMITED a Company incorporated under the laws of India.
By registering as a member of the Service, or accessing or using this Service, you agree to be bound by :
These documents constitute the entire agreement between Fujifilm India Private Limited and the user accessing the website Fujifilmprints.com, the uploading and submission by you of Images and content to this Service, the ordering of products by you and the production and delivery of those products in fulfillment of those orders.
These Terms and Conditions may be updated or changed from time to time and you should therefore check them periodically.
Please read the terms and conditions carefully. You must comply with these Terms and Conditions to access or use this Service. By accessing or using this Service, you accept these Terms and Conditions and agree to be legally bound and subject to them.
Acceptance of the Terms and Conditions creates a binding legal agreement between you and FUJIFILM India Private Limited that you will comply with the Terms and Conditions and use this Service only in a manner consistent with these Terms and Conditions. If you do not agree with these terms and Conditions, do not access this Service or use any of its services.
You will become a member of the Service once you have entered your name, your chosen password, your email address (which must be a genuine email address) and you have received from us by email, confirmation of your membership. Once you are a member of the Service we will enable you to use all of the photo and imaging services described on this Service for members. We only permit one membership for each genuine email address. Your email address will be used for sending you all notices.
(a) You are responsible for maintaining the confidentiality of your password and account details. You are solely responsible for the activity which occurs on your account. You must notify FUJIFILM India immediately of any breach of security or any unauthorised use of your account. Although FUJIFILM India will not be liable for your losses caused by any unauthorised use of your account unless FUJIFILM India is at fault (in which case clause 10 applies). However, you may be liable for the losses of FUJIFILM India or others due to such unauthorised use.
(b) If you have forgotten your password you may click the link on the home page and we will email your password to you. We will keep you informed of the status of your account during your membership via your email.
We reserve the right to terminate the membership of any member by notice as stated in these Terms and Conditions. We also reserve the right to terminate by notice the membership of any member who breaches any of these Terms and Conditions and does not comply with our reasonable instructions to remedy the breach. We will give a member at least 2 days’ notice that we are terminating that member’s membership.
If you wish to terminate your membership at any time, you may do so by advising us by email or in writing. Please Click Here for details on how to contact us.
If your membership is terminated, you will no longer be able to access the Service and we may at our discretion remove your materials from the Service. You are responsible for obtaining any copies of your materials before termination takes effect. We are not responsible for any loss of data resulting from removal of or deletion of Content.
If we terminate membership we may at our discretion fulfill or cancel any order accepted by us prior to the date of termination. If we cancel an order we will refund any amount already paid.
fujifilmprints.com provides a number of Internet-based services through the Web Site (all such services, collectively, the "Service"). One such service enables users to purchase original merchandise such as business cards, notebooks, stamps etc. (collectively, "Products"). Upon placing an order, fujifilmprints.com shall ship the product to you and be entitled to its payment for the Services.
(a) Generally under copyright laws the owner of the copyright in images or photographs is the person who created the images or took the photographs. You represent and warrant to us that you are the owner of the copyright or have the express permission of the owner of the copyright in the images or photographs which you submit to this Service. We reserve the right to terminate your membership for breach on at least 2 days’ notice to you if this representation and warranty is incorrect.
(b) We claim no ownership rights in any images or photographs submitted by you to the Service. Solely for the purpose of enabling your images or photographs to be uploaded and made available on the Service and to fulfill orders for Products made using your images and photographs, you grant to FUJIFILM India , its Agents and Contractors a perpetual worldwide non-exclusive transferable royalty-free copyright licence to copy, reproduce, display, modify, adapt or alter, transmit, communicate to the public and distribute any Content (including images or photographs) submitted by you to this Service in such manner as FUJIFILM India and its Agents and Contractors consider reasonably necessary solely for the purpose of operation of the Service or incorporation of that image or photograph into that Product and fulfilling that order.
(c) You agree that FUJIFILM India and its Agents and Contractors cannot control the use of your Content (including images or photographs) by third parties and will not be held liable for any use, publication or copying of your images and photographs by any such third parties. You agree that you will not take any legal action or make any claim against FUJIFILM India or its Agents and Contractors in respect of any such use, publication or copying by third parties.
(d) Copyright Claims: FUJIFILM India respects the intellectual property rights of others. Subject to clause 5(e), if we receive a written complaint alleging copyright infringement by a member of this Service, we may refer the complaint to the member concerned. It is the member’s responsibility to resolve any such complaint. If within seven (7) days of the date on which the matter was referred to the member (the “Referral Date”) FUJIFILM India does not receive advice in writing from the person making the complaint that the complaint has been satisfactorily resolved, FUJIFILM India reserves the right, in its absolute discretion, on at least two (2) days’ notice to the member, to suspend the membership of the member who allegedly infringed copyright until such time as the matter is resolved. If we have not been notified within sixty (60) days of the Referral Date that the matter has been satisfactorily resolved, we reserve the right, in our absolute discretion, to terminate for breach the membership of the member who allegedly infringed copyright after giving that member at least two (2) days’ notice of that termination.
(e) The procedures included in clause 5(d) may be adopted by FUJIFILM India in its sole and absolute discretion and nothing in clause 5(d) limits FUJIFILM India’ rights under these Terms and Conditions.
(a) Any trade marks, trade names or logos displayed on this Service are the property of their respective owners and must not be used in any manner without the prior written consent of the owner.
(b) You should assume that all of the Content that appears on this Service or which is made available to you through this Service, including photographic images, is owned by third parties and is protected by copyright or other proprietary rights, unless expressly indicated otherwise.
(c) You must not modify, copy, reproduce, republish, frame, upload, post, transmit or distribute the Content in any way except as expressly permitted by the Service or expressly authorised in writing by the owner of that Content.
(d)You agree not to alter or remove any information, consent or other proprietary notice or legend on any of the Content, unless you are the owner of the intellectual property rights in that Content.
(e) We reserve the right to terminate your membership for breach on at least two (2) days’ notice to you if you breach this clause 5.
(a) FUJIFILM India reserves the right to change these Terms and Conditions at any time.
(b) Notice of changes to these Terms and Conditions and their effective date will be published on the FUJIFILM Print website at the following URL: http://www.fujifilmprint.com.au. We recommend you check the website for changes each time you use the Service and before placing any order. If you do not agree with a change to these Terms and Conditions you may terminate your membership at any time as set out in clause 3.
(c) The changed Terms and Conditions will apply to the Service and any order you place from the effective date of the change.
(d) FUJIFILM India is not responsible for any costs incurred by a Member or user of this Service as a consequence of these Terms and Conditions changing. Should FUJIFILM India choose to provide you with notice of changes to these Terms and Conditions, you agree to receive email notification of the changes from FUJIFILM India . We do not promise that we will provide you with email notice of any change.
(a) Any Content submitted by you to this Service is subject to our review. While we reserve the right to review, monitor, remove or delete Content, we are under no obligation to do so.
(b) We reserve the right at our sole and absolute discretion to restrict access to this Service, refuse to display Content on this Service, remove Content from this Service or refuse to use any Content submitted by you for use in the production of a Product if we consider it necessary or appropriate, including if we receive a written complaint alleging copyright infringement or if that Content is deemed to be objectionable by us, potentially infringes any third party rights or is considered by us to be contrary to applicable laws unsuitable for use in the production of a Product. You agree to promptly report any suspicious or unauthorised use of this Service to us.
(c) Any perceived violations of laws including laws relating to child pornography, child abuse and animal abuse will be reported by us to law enforcement authorities if in our sole judgment any Content is in violation of applicable laws.
(d)Without limiting the above in any way, you are not permitted to post, upload, email, publish, transmit or otherwise make available any Content which:-
iii. in the case of Products ordered through this Service, is illegal under any law or regulation at any place where those Products are to be delivered;
(e) You are not permitted to use the Service:-
iii. to commit a crime or in the course of committing a crime or for an unlawful purpose to do any act that may damage the network or systems or cause the quality of the Service to be impaired.
(f) We reserve the right to terminate your membership for breach on at least two (2) days’ notice to you if you:
(a) You may have rights and remedies under the Indian Consumer Law and similar laws in relation to the supply of the Service and the Products. This clause 10 is subject to and does not exclude or limit any of those rights or remedies.
(b) Clause 10 of these Terms and Conditions does not exclude any commitments given by us in our Photo Gifts Returns and Refunds Policy.
(c) Your access of or use of the Service is at your own risk. You should take appropriate steps to back-up materials submitted by you to the Service and to protect your computer against any damage that could result from your access to or use of the Service. The Service, the uploading of Content to the Service, the transfer of any Content to or from third party websites, the transfer of any Content for use in the production of Products and the ordering of Products through the use of the Service may not be error free or uninterrupted. We do not give any commitment in relation to the security, reliability, timeliness and performance of the Service and any of those other functions. To the extent permitted by law FUJIFILM India and its Agents and Contractors are not responsible for interruption of the Service, linkage to any third party sites, damage to your computer, damage to other property or loss of Content or other data resulting from your access to or use of this Service.
(d)To the extent permitted by law, if due to negligence or other fault on our part:
if our Photo Gifts Returns and Refunds Policy applies, our liability will be limited, at our option, to providing you with a remedy as set out in that Policy. If our Photo Gifts Returns and Refunds Policy does not apply, to the extent permitted by law our liability will be limited at our option to:
iii. refunding any money paid by you to us for producing the Product through the use of that image or other Content.
(e) Except as expressly provided in these Terms and Conditions and, to the fullest extent allowed by the law, FUJIFILM India and its Agents and Contractors will not be liable for loss or damage of any kind arising out of your access to or use of this Service, the uploading of images or other Content by you or the ordering of Products by you.
(a) You agree to pay to us the amount of any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to solicitors costs) we incur arising from:
Your obligation to pay us under this clause will survive these Terms and Conditions, termination of your membership, your use of the Service and the ordering, production and delivery to you of any Products.
(a) Once an order for Products is placed by you through this Service that order becomes binding.
(b) Due to the personalised nature of the Products ordered through this Service, once made, any order for Products placed by you through this Service normally cannot be cancelled or adjusted. However, if you believe you have placed an order in error, please email or contact us in the manner detailed in clause 13 below and we will assess whether in the circumstances we are able to comply with your request. We cannot promise that we will be able to do so.
(c) We recommend you carefully preview the items to be ordered by you and the choices made by you for their production before ordering, and ensure you are satisfied before adding them to your Shopping Cart. A tick box will prompt you to confirm this at the time you place your items into your shopping cart.
We will ensure that within 5 Business Days of the receipt by us of your order for Products, that order is provided by us to another third party carrier to deliver to you. Ordinarily, delivery of an order to you by another third party carrier may be expected within 10 Business Days after the receipt by us of your order. However we cannot accept responsibility for delivery failures or delays by other third party carriers and make no promise to you that orders for Products will be delivered to you within that period. Please refer to clause 10 (Our Liability to You).
(a) Reasonable efforts are made to display the colours of Products (including colours to be reproduced from images uploaded by you) that appear online on this Service as accurately as possible, however the colours displayed to you on this Service will depend on your monitor and the settings of your monitor.
(b) Before confirming an order for a Product, it is your responsibility to edit any images uploaded by you for use in that Product including cropping the image to your requirements and ensuring the image meets the degree of resolution required by you or the minimum resolution recommended for that Product.
(c) We will not be liable to compensate you, give you a refund or to reproduce any Products:
If you have any query about the progress of your order for any Products, please contact us and quote your order number (you will receive this number after a successful transaction at this Service). Click Here for details on how to contact us.
(a) If any Product ordered by you arrives damaged, is not of acceptable quality or the problem has occurred in the production of your order you may have:
Nothing contained in our Photo Gifts Returns and Refunds Policy is intended to exclude or limit those rights and remedies.
(b) Our Photo Gifts Returns and Refunds Policy contains details of how to contact us to address a possible claim and to sort out arrangements for the possible return of the Product that is the subject of a claim. Please view our Photo Gifts Returns and Refunds Policy on this Service by Clicking Here.
(c) If your order arrived damaged, please email our customer service team at Contact Us and quote your order number (you will receive this number after a successful transaction made through this Service). We will let you know whether you need to return the item to FUJIFILM India.
We will honour and comply with our duties and obligations set out in our Photo Gifts Returns and Refunds Policy.
(b) FUJIFILM India and its Agents and Contractors may collect your personal information, including your name, address, billing and delivery information, email address, and credit card details.
(c) FUJIFILM India, its Agents and Contractors, will use this information to provide the Products or other service requested by you, produce those Products or provide those services, fulfil and follow up on your orders for Products or services, respond to queries regarding orders and Products and services and create and maintain your account. FUJIFILM India, its Agents and Contractors may use this information to provide you with information on your account and the Products or services you purchased from this Service. FUJIFILM India may also send you promotional information and/or special offers about products and services that FUJIFILM India thinks may be of interest to you, unless you indicate that you do not wish to receive such promotional information.
(a) The Service’s photo storage facility is known as My Photos.
(b) When you become a member of this Service you receive free storage of images for your photo albums for 12 months’ from the date of activation. Thereafter, a member will maintain free storage for their albums provided that a verified print order is made at least once every 12 months either by the member themselves or by someone with whom the member has shared their albums. From the date each verified order is received, the membership will be credited with free storage for the following 12 months i.e., the 12 months free storage period re-starts with each print order. The maximum period of free storage at any point in time is 12 months.
(c)At the end of the free storage period FUJIFILM India may by giving you not less than two (2) days’ notice remove and/or delete your photo albums.
(d) FUJIFILM India is not responsible for any loss of data or images resulting from removal and/or deletion of materials.
These Terms and Conditions shall be governed by the laws of Indiaand the parties submit to the exclusive jurisdiction of Delhi Courts.
If any court of competent jurisdiction finds any provision or part thereof of these Terms and Conditions to be illegal, invalid or unenforceable that provision or part thereof shall be severed from these Terms and Conditions and the remaining terms and provisions of these Terms and Conditions shall remain in force and constitute the agreement between you and FUJIFILM India .
The failure by us to enforce any right or provision of these Terms and Conditions will not restrict us from enforcing it now or in the future.
In these Terms and Conditions the following expressions shall have the following meanings unless otherwise stated:-
“Agents and Contractors” means any agents, contractors and sub-contractors of FUJIFILM India who are engaged in the creation, provision or maintenance of the Service or in the production of Products and the fulfillment of orders for Products made through the Service;
“Business Day” means any day other than a Saturday, Sunday or public holiday in India;
“Content” means any images, photographs or other materials or content submitted or uploaded to this Service;
“Product” means any printed photo or Photo Gift or other product that is offered for sale and may be ordered through this Service; and
“we”, “our” or “us” means FUJIFILM India.