 eYaadein Service Terms
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Definitions
In these Terms and conditions we
use these expressions, which have the following meanings
(unless otherwise stated):
The 'Service' means the
Internet Printing Service
The 'Content' means all
the photos, words and other material displayed with the
Service.
'We' means eYAADEIN, its agents and
subcontractors
Use of the Service
Before you use the Service,
you are asked whether or not you agree to our current Terms
and conditions. If you do not agree to our Terms and
conditions you will not be permitted to use the Service.
Use of the Service
You will not use the
Service for any of the following purposes:
any purposes whatsoever which are unlawful, which
might encourage conduct constituting a criminal offence,
or which might constitute or give rise to the misleading
or deception of any person;
any purposes which are abusive, threatening, harmful,
vulgar or obscene or which may constitute or encourage
harassment or be otherwise objectionable.
Any use of material that contains any contaminating or
destructive codes such as viruses, worms, 'Trojan horses'
or any other similar features.
Any spamming (unsolicited junk mail), chain letters or
other use that may otherwise disrupt the Service or the
networks through which you access and use the Service.
Use of any copyrighted material without the express
permission of the copyright holder.
To gain or attempt to gain unauthorized access to any
servers controlled by us, or decompile, reverse engineer
or disassemble any software used in connection with this
Website, which for the avoidance of doubt includes any
hacking.
We shall decide, at our discretion,
whether your use of the Service constitutes any breach of
the above restrictions.
We reserve the right not to
fulfill the Service if to do so may be illegal, may breach
these terms of use, may violate the rights of any third
party or otherwise may be reasonably objectionable to us.
You confirm that we shall not be liable to you or to any
third party as the result of any such non-fulfillment. For
the avoidance of doubt, you are responsible for keeping
back-up copies of any of your Images.
Use of third party websites and software
We
may make software owned or operated by third-party companies
available to you. You must only use this software in
accordance with the terms and conditions imposed by the
third-party provider.
We may provide links to
third-party sites that might be of interest to you. We have
no control over the content or availability of the content
of these sites. It is your responsibility to become familiar
with each site's privacy and other policies and terms of
service, and to contact the owner of that site with any
concerns. We have no control over and will accept no
responsibility or liability for the material on any such
sites.
Your correspondence or participation in
promotions, or business dealings with advertisers (including
without limitation professional photographers) found on or
through the Service and any other terms, conditions,
warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that
we shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or
as the result of the presence of such advertisers on or
through the Service.
Copyright
There are copyright laws to prevent
people from reproducing images and photographs unless they
own the copyright or are authorized by the copyright owner.
In the simplest terms, the copyright owner is the person who
created the image or took the photograph.
You agree
to only have developed via the Service images and photos in
which the copyright is vested in you. You agree not to
infringe the rights of any third party putting these images
and photos on the Website.
You understand that we
are unable to provide you with permission to print photos or
images belonging to others. You are solely responsible for
any copyright violations that you may incur as a result of
your activities on the system.
If you believe that
any images or prints have been copied in a way that
constitutes copyright infringement, we have a process in
place to respond to your concerns.
Acceptance of orders
We accept all orders
using the Service subject to these Terms and conditions. All
credit and charge card orders are subject to validation
checks and authorization by the card issuer. If the issuer
of your payment card refuses to authorise payment to us, we
will not be liable for any delay in delivery or
non-delivery. Payment will be debited from your account
before your purchase is dispatched.
Delivery of orders
We will endeavor, but we
are under no obligation, to deliver your order within the
time stated for the Service. All time periods refer to
working days and do not include weekends (weekends are
Saturdays and Sundays). We accept no liability for loss or
damage suffered due to delivery after this time or
non-delivery, whether this loss is caused by us or by a
third party.
We will deliver to the address you
notify to us when you place your order.
You agree
that we are not responsible for a delivery if you have
incorrectly supplied the consignment address. We reserve the
right to dispose of incorrectly addressed envelopes and
their contents if they are returned to us, without the
obligation to refund you or any other person.
Returns and refunds
When your order has been
accepted, you will see a confirmation page. If you wish and
are entitled to return or gain a refund on an order made
through the Service, you can email us at service@eYAADEIN.com
Price information
All prices displayed online
are correct at the time when they are posted on the system,
and prices displayed online will prevail at all times in
relation to orders placed through the system.
The
services offered in store are different to the Service and
all promotions and prices for in-store services shall not
apply to the Service.
Print quality
You hereby acknowledge that you
understand that the quality of any prints we produce is
dependent upon the quality of the original print, negative,
print or digital file.
Disclaimers
Any material or software
downloaded or otherwise obtained through the use of Service
is used at your own discretion and risk, and you will be
solely responsible for any damage to your computer system or
loss of data that results from the download of any such
material.
We have taken every care in the
preparation of the content of the Service. To the extent
permitted by applicable law, we disclaim all express and
implied warranties as to the accuracy of the information
given in the Service and shall not be liable to any person
for any loss or damage which may arise from its use.
Under no circumstances will we be liable in any way
for any Content, including, but not limited to, any errors
or omissions in any Content, or any loss or damage of any
kind incurred as a result of the use of any Content
uploaded, emailed or otherwise transmitted via the Service.
We may modify or discontinue, temporarily or
permanently, any part of the Service, with or without notice
to you, and you confirm that we shall not be liable to you
or to any third party for any modification to, or
discontinuance of, any part of the Service.
Any
liability we may have to you shall be limited to the
reprinting of the images and any charges paid (if any).
Our exclusions of liability shall not apply to any
damages arising from death or personal injury caused by our
negligence or that of any of our employees or agents.
These Terms and conditions do not and shall not
affect your statutory rights as a consumer.
Credit card payment
we will take all
reasonable care to keep the details of your order and
credit/debit card information secure. Unless a member of our
staff has been fraudulent or negligent, we will not be
liable for any losses you may suffer as a result of
unauthorized access by a third party to the information you
transmit when you order from the Service. It is your
responsibility to ensure the security of your own system
password and credit/debit card details to avoid its
unauthorized use.
Intellectual property
All brand names, product
and service names, titles and copyrights, and any other
intellectual property rights used in the Service are the
trademarks, trade names, service marks, copyrights or other
intellectual property of their respective holders. eYAADEIN
expressly reserves any intellectual property rights it may
have in or relating to this Service. eYAADEIN gives no
permission for their use by any person other than such
holders, and such use may constitute an infringement of the
holders' rights.
Indemnity
You agree to indemnify us and our
associated companies, officers, agents, co-branders or other
partners, and employees, from any claim or demand, including
reasonable legal fees, made by any third party due to or
arising out of content you submit or transmit through the
Service, your use of the Service, your connection to the
Service, your violation of these Terms and conditions, or
your violation of any rights of another.
Third party liability
No person who is not a
party to this agreement shall have any rights under The
Contracts (Rights of Third Parties) Act 1999 to enforce or
rely upon any provision herein.
Cookies
A cookie is a small file transmitted
between server software and the browser on your computer,
that many sites use to make browsing or shopping online
easier. This information is stored on your computer's hard
drive. From time to time we may use cookies to enhance your
experience on this Website. The personal details you provide
are stored on our secure server, not in a cookie.
Governing law
These Terms and conditions shall
be governed by Delaware law. You hereby irrevocably submit
to the exclusive jurisdiction of the Delaware courts.
Shipping Consolidation
eYAADEIN, at it's sole
discretion, reserves the right to consolidate multiple
orders from the same customer. Consolidated orders will be
shipped via priority or first class mail to the customer's
billing address.
Queries
Any queries or comments about the
Service should be directed to us via email on service@eYAADEIN.com
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