Terms of Service

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 Phopar, its agents and subcontractors.

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.

Third-Party Software

We may make software from third-party companies available to you. To download such software, you must first agree to the respective software licenses and/or warranties. Each software product is subject to the individual company’s terms and conditions, and the agreement will be between you and the respective company.

This means that we do not guarantee that any software you download will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. We do not offer any warranty on any third-party software you download using Our Service.

Third-Party Links

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 contents 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 that site’s Webmaster or site administrator with any concerns.

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 contact us.

Pricing 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

At Phopar it is our goal to create the best quality possible from your film and media, but you must 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. Phopar expressly reserves any intellectual property rights it may have in or relating to this Service. Phopar 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, defend and hold harmless us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account.

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 Wisconsin law. You hereby irrevocably submit to the exclusive jurisdiction of the Wisconsin courts.

Shipping Consolidation

Phopar, 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.

Questions

Any questions or comments about the Service should be directed to us via email.