Terms & Conditions

1. Acceptance of Orders

All orders are accepted according to these terms and conditions. By using the FotoFirst Durban Photo book software or website you accept these terms and conditions. After processing an order, the uploaded file is only kept on the FotoFirst Durban 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 FotoFirst Durban Photobooks. All rights are reserved worldwide. It is strictly prohibited to redistribute copy or republish any of the material and software contained on the FotoFirst Durban website. 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. FotoFirst Durban also state that The Customer cannot use explicit language or pornography on printed materials and merchandise. FotoFirst Durban reserves the right to not print any photo book or product that it deems as explicit or obscene. FotoFirst Durban Photobooks will not refund monies paid for these products. The Customer is responsible for the content of their product/s that they submit to FotoFirst Durban Photobooks for printing. FotoFirst Durban 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 FotoFirst Durban 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. Recognizing the global nature of the Internet, The Customer agrees to comply with all local rules regarding online conduct and acceptable content. FotoFirst Durban 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 FotoFirst Durban 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 Customers 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 unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. The Customer acknowledges that FotoFirst Durban Photobooks does not pre-screen content, but that FotoFirst Durban Photobooks and its designees 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 FotoFirst Durban 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 FotoFirst Durban Photobooks, its users and the public.

3. Use of the Software

FotoFirst Durban Photobooks software may only be used to compose and order a photo product offered by FotoFirst Durban Photobooks. The Customer or any representative of The Customer is forbidden to decompile the software, undertake, cause, permit or authorize 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.

4. Liability

FotoFirst Durban 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 South African Post Office or couriers to locate and deliver the product to The Customer. FotoFirst Durban Photobooks is not responsible for 3rd party shipping errors, omissions or damaged shipments. FotoFirst Durban 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 photograph taken and placed into the product is suitable before ordering and uploading the file to FotoFirst Durban Photobooks. FotoFirst Durban Photobooks takes no responsibility for the colour of covers represented by a swatch block and description in the website as they act as a guideline only. FotoFirst Durban 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 FotoFirst Durban Photobooks against any claims, costs and expenses arising out of infringement of copyright, trademark, patent or design. FotoFirst Durban Photobooks gives no warranty, express or implied, concerning the suitability of the goods supplied for any purpose whatsoever nor shall FotoFirst Durban 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 FotoFirst Durban 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 FotoFirst Durban 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. Delivery Time

All orders are normally delivered within Seven (7) 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 FotoFirst Durban 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.

6. Guarantee

Complaints regarding FotoFirst Durban Photobooks services or the quality of the products must be made in writing and received by FotoFirst Durban Photobooks within seven (7) days of receipt of your print product. In order to receive replacement Customer must return the received product within 14 days (on their own expense) from the time when the ordered product delivery was taken.

7. Payments, Promotions and Campaigns

By virtue of completing a transaction you consent to receiving marketing / order confirmation communication via sms or email, Adding an item to your cart, or completing your order without paying for it, does not reserve the Products for you. FotoFirst Durban Photobooks must receive payment via our online payment gateway or within 24 hours of you placing your online order otherwise we may cancel your order. Payment for campaigns/ promotions must also have taken place during the Campaign validity period. FotoFirst Durban Photobooks may reserve stock for customers in the order in which it receives payment. Orders are processed once FotoFirst Durban Photobooks receives successful payment confirmation. Please note that pricing on our Website and physical store may vary. Some of the Products are available online only The Campaign /Promotional pricing products cannot be applied combined in conjunction with any other discount offered.