Terms of ServiceApril 8, 2020
Your use of this Website constitutes your agreement to these Terms of Service. If you do not agree with any part of this Terms of Service, please do not access this Website.
We reserve the right to amend these Terms of Service at any time, with or without prior notice to Customers. You should review these Terms of Service each time you access this Site.
SECTION 1. SIGN UP
1.1 Sign up is free.
1.2 There is no legal age requirement for signing up. However, anyone below the age of 18 should obtain parental consent in using our services. We strongly recommend that parents and guardians supervise their children’s use of the Website.
1.3 During the sign up process, you will be required to specify a valid email address and Password (your “Sign In Credentials”) as well your basic information to maintain your account with SmilesPhotobook. You are fully responsible for maintaining the confidentiality of your password and for any consequences that may arise from you having granted a third party access. SmilesPhotobook has no duty or obligation to verify the identity of a customer and may assume, without independent investigation, that any person who logs on to this Site through your password does so with your consent and approval.
1.4 You are required to provide and maintain a valid email address with Pixajoy at all times.
1.5 The management of SmilesPhotobook reserves the right to remove a customer’s account at its discretion without prejudice.
1.6 You may close your account at any time. However, please email your request to us as proof. All remaining order files stored with account will be deleted from our servers upon the closure of your account.
SECTION 2. CUSTOMER RESPONSIBILITIES
2.1 You represent and warrant that:
- You are an authorised user of this Website;
- Any content that you transmit through this Website is not unlawful, including without limitation to matters that may be construed as an invasion of privacy, violation of a right of publicity, copyright, patent, or trademark infringement, and/or theft of trade secret or any other right of a person or party;
- All information that you provide to Pixajoy on the Website is accurate and complete;
- You will be required to pay all fees and charges that are incurred by you or any other users of your account and credit card at the prices in effect when such charges are incurred.
- Certain orders shipped may be subjected to customs duties, taxes and other import charges which are not covered by the initial payments made to us. Therefore, you are responsible to pay for any such fees at the point of delivery.
SECTION 3. YOUR SUBMISSION
3.1 By submitting your order files you agree that you have read all the guides provided by SmilesPhotobook on the Tutorial page on how to design your photo product correctly.
3.2 All order files must be uploaded and submitted to us via online methods within 7 days of the payment date, otherwise we have the right to terminate your order.
3.3 SmilesPhotobook shall not be held liable for damage/loss of files during submission.
3.4 Your book is designed by you and SmilesPhotobook does not proof, edit, or change your content/design in any way.
3.5 You agree that it is your responsibility to review and check all your photo product’s design for the following issues before uploading the files to our server :
- Text issues:
Spelling mistakes, grammar, unfinished text, missing text, hidden text, overlapping text, text in the gutter/binding area, text too close to the trim zone and text not within the safe zone area.
- Photo issues:
Photo arrangement, overlapping photos, faces in the photo in the gutter/binding area, faces in the photo too close to the trim line, faces in the photo not within the safe zone area, background not extended until the end of the page and any photo editing that was done to the photos using third party software or done by you using the SmilesPhotobook Editor functions.
- Design/creative issues: Design layout, style, colour choices, use of masks and scrapbooks, and other design elements imported into and/or edited within SmilesPhotobook Editor by you.
- Any other creative choices you made while designing your book.
- Any other creative choices you made while designing your photo product.
3.6 SmilesPhotobook shall not be held liable for any errors as mentioned in 3.5.
3.7 Whilst the SmilesPhotobook Editor application/software or Mobile App works to minimise errors via pre-order flight checks and warning symbols, we cannot accept any responsibility for poor print quality as the quality of print is dependent on the photo resolution quality and design elements image quality.
3.8 No changes can be made to the order files once submitted to SmilesPhotobook for printing.
3.9 SmilesPhotobook will not be held liable for photo products that contains literature and/or images that are considered pornographic, offensive, inappropriate, copyrighted and/or trademarked.
3.10 Your order file will be stored on our servers up to a maximum of 6 months from the date ordered, for your ease of making repeat orders.
3.11 You warrant that you will not use any of the services for any fraudulent or illegal purpose.
SECTION 4. ORDERING
4.1 All orders must be submitted online.
4.2 Once you submit an order to SmilesPhotobook , it is considered a purchase. The order cannot be cancelled or changed.
4.3 Unless stated otherwise, all registered users may participate in SmilesPhotobook online and offline promotions. Your participation in any SmilesPhotobook promotion acknowledges that you agree to abide to the terms and conditions for the relevant promotion.
4.4 Usage of eVoucher Codes shall be according to the terms and conditions for the applicable promotion and/or purpose. Unless otherwise stated, eVoucher Code is considered null and void once it is used or when promotion/purpose expires.
SECTION 5. PAYMENT
5.1 All prices and amounts shown on this Site are in Ringgit Malaysia (RM), unless otherwise noted. All payment made shall be in Ringgit Malaysia (RM).
5.2 You agree to pay in full the actual amount of your purchase. No refunds will be given if you pay more than the actual payment amount requested. Also, we will not proceed with your order if you pay less than actual payment amount requested.
5.3 SmilesPhotobook does not provide hardcopy of official receipts for purchases. You can print out all statements for your completed orders from the “My Orders” page on our Site.
5.4 Payment terms will be via online credit/debit card transactions via iPay88, Paypal and Molpay, our official merchant of payments, or unless otherwise stated.
SECTION 6. DELIVERY
6.1 All photo products will be delivered to Customers by SmilesPhotobook appointed courier service company.
6.2 Photo products to be delivered to Customers are packed according to SmilesPhotobook standard packing. SmilesPhotobook shall not be held liable for any delays caused by the courier service company.
6.3 Working days exclude weekends and public holidays observed in the country. Business days exclude weekends and public holidays observed in the country.
6.4 Shipping delays may occur if state holidays are being observed in the country.
6.5 If the incorrect photo products were couriered to you, SmilesPhotobook shall arrange for the product replacement and delivery of the right photo products to you at its expense.
6.6 Although the delivery service company we have engaged delivers to most places, some areas require longer delivery time due to inconsistent demand and sometimes lack of road infrastructure.
6.7 If you have not received your order within the specified delivery time, kindly contact the delivery service company with the Tracking/Consignment Note Number or you may contact SmilesPhotobook at firstname.lastname@example.org or Whatapp:+6011-10502329 no later than 7 days from the date of the specified delivery time. SmilesPhotobook will help liaise with the delivery service company on your behalf.
6.8 SmilesPhotobook is not liable for any loss and damage suffered by Customers through any reasonable or unavoidable delay in delivery.
6.9 Delayed delivery is not a basis for cancellation of the order or a request for compensation.
SECTION 7. CLAIMS & RETURNS
7.1 Order is damaged or lost by the delivery service company. In such cases, sufficient evidence must be presented. Therefore, we reserve the right to have you return the original order before reprinting your order.
7.2 All claims for defects on your product order must be made in writing within within 14 days upon the parcel’s receiving date. If no such claims are made, you acknowledge that the photo product you have received is in good condition and that all the specifications had been met.
7.3 In the event of a claim, we will investigate thoroughly if the defects or errors are caused by us; thereof it is at our sole discretion should we choose to reprint the claimed product. Refunds and cancellation of an order is not provided.
SECTION 8. GENERAL EXPECTATION ON PRINTING OUTCOME
8.1 Due to other factors that are out of our control such as the different colour displays on various monitors, printed colours of end product may differ from what appears on your screen. Therefore, SmilesPhotobook cannot guarantee that the colours on what you printed will match exactly to what you see on your computer monitor.
8.2 We cannot guarantee 100% colour reproduction, as equipment, paper, ink, as well as environmental concerns may affect the finished product; in that small variations in colour between first print and subsequent prints of the same photo product are expected.
8.3 Tolerance of the cutting edge is +/- 1.0mm.
8.4 Printed surface dotted with dirt shall not be bigger than 0.3mm.
8.5 Customer may not reject an order if the defects are within the tolerance limit that have been stated.
SECTION 9. SmilesPhotobook INTELLECTUAL PROPERTY RIGHTS
9.1 The names, text, images and logos identifying SmilesPhotobook and their products and services are subject to copyright, design rights and trademarks of SmilesPhotobook . Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right to use any trademark, patent, text, design right or copyright of SmilesPhotobook . Unless stated in written consent, a Customer or party has no right to produce, copy, disseminate the names, text, images and logos identifying SmilesPhotobook and their products and services. If SmilesPhotobook suspects a Customer has violated this condition, SmilesPhotobook reserves the right to remove that Customer’s service account. SmilesPhotobook also reserves the right to take legal action against any Customer who misuses any trademark, patent, design right or copyright of SmilesPhotobook .