Please read the following Terms of Use before using "FUJIFILM Prints & Gifts" provided by FUJIFILM Malaysia Sdn Bhd. (hereinafter referred to as "our Company"). If you are agreeable to the terms, you may register for the Service defined herein. By registering as user for the Service, you are deemed to have read and accepted this Terms of Use which forms a binding agreement between you and our Company.

FUJIFILM Prints & Gifts Terms of Use

Article 1 Outline of service

"FUJIFILM Prints & Gifts" (hereinafter referred to as "the Service") means the following services provided by our Company via the internet to customers who live in Malaysia :
  1. Various print related merchandise services:
    We place orders for various print related merchandise services accepted from customers through our order management system managed either by our Company or a store registered with us to provide such services to customers (hereinafter referred to as registered shop).
  2. Image storage service :
    A service to store image data transmitted by customers in the image data storage system managed by our Company or, to create a photobook image that automatically selects and stores the images according to our proprietary technology, thereafter to notify the customer of the completed photobook image for customers’ viewing.
  3. Image Publishing Service :
    We publish images collected from customers and/or selected by customers from images stored in our image data storage system, or photo book images, and we also share and publish on SNS sites of other companies.
  4. Other services to be introduced by our Company from time to time.

Article 2 Scope of coverage of these Terms

This Terms of Use shall form a binding agreement between you and our Company regarding your use of the Service.

Article 3 Customer's obligation/Terms of payment

  1. You shall pay for the items ordered in the local currency without any limitation to taxes, duties, customs clearance if any. You shall pay the price upon ordering either through credit/ debit transactions via our official merchant of payments or any other methods agreed by you as customer. The Company may decline your request for the Service if you fail to make a valid payment for the Service.
  2. Provided the customer has made a valid payment, the customer will receive the item ordered through the Service in the manner he chooses. If the customer chooses to receive the item from the front counter of any of the registered shops, then unless otherwise specified, the customer shall visit the registered shop selected by the customer within one (1) month from the date the item ordered becomes available.
  3. The customer shall be responsible for all communication costs incurred when accessing this service and shall furnish additional verifications and/or information as and when required by our Company.
  4. Notwithstanding anything stated herein, our Company reserves the exclusive right to accept or decline any of your orders for any reasons whatsoever, or reduce the quantity supplied against your orders made without prior notice to you. The Company further reserves the right to substitute without notice any material used in the production of your items ordered in cases of material shortage provided that the quality and specifications are not compromised.

Article 4 User registration

  1. Customers wishing to use the Service are deemed to have agreed to this Terms of Use and shall apply for user registration in accordance with the method specified by the Company. You must be at least 18 years old to apply for user registration.
  2. When a user registration application is received from a customer, the Company will review the contents of the notification, approves the customer as the Company deems appropriate, and register the Customer as a user of the Service provided that the Company reserves the exclusive right to accept or decline your registration as a user of the Service
  3. In the event of any change to the information furnished in the user registration, the customer shall promptly notify the Company in the manner specified by the Company.

Article 5 Registered e-mail address / password

  1. Customer shall access this service by using the registered e-mail address (and customer-specific password (hereinafter referred to as "unique password") furnished for user registration.
  2. You shall manage your registered e-mail address and unique password at your own risk. Unless explicitly permitted by us, you are required to register your registered e-mail address / unique password for the purpose of using this service. You shall not permit the use of your registered e-mail address and unique password by a third party.
  3. In the event that a registered e-mail address/ unique password has been used by a third party without permission, the customer shall immediately notify the Company of the unauthorised use. Upon receiving such notice from the customer, we shall promptly take action to prevent unauthorized use of the e-mail address/ password as deemed necessary by the Company. Notwithstanding, we do not guarantee the accuracy, adequacy, and completeness of such correspondence received by our Company.
  4. You shall bear all risks and consequences arising from any unauthorized use of your registered e-mail address / unique password by a third party or otherwise. You shall hold us harmless and indemnify and keep our Company indemnified from, any damage or losses suffered by our company or registered shop due to the unauthorized use of your registered e-mail address / unique password.

Article 6 Handling of customer's information

  1. When you use the service, the following information (hereinafter referred to as "Usage Information") transmitted to the Order Receipt System / Image Data Storage System managed by the Company will be recorded and stored in an appropriate way:
    • Your name, address, telephone number, your registered user e-mail address, credit card details for payment settlement, the delivery address of the goods, address of third party for purpose of printing the post card, etc.
    • Image data provided by you in the course of using the Service.
  2. We will use the Usage Information for the following purposes only:
    • To create various print related products for customers
    • To place orders for various print related product services for customers
    • To create a photo book image and to notify customer of completion of the photo book image for viewing
    • To retain customer's order information to facilitate future orders
      Subject to customer’s consent, to issue updates to customers regarding the service via direct mails or otherwise
    • To create statistical data in such manner which does not reveal the data of individual customers

Article 7 Disclosure of Customer Information

We will not disclose or provide Usage Information to any third party unless it falls under any of the following:
  1. you have given your consent;
  2. disclosure to a registered shop for purpose of providing the Service;
  3. entrusting the necessary work to a third party to provide the products / services ordered;
  4. delegating business related to the management and operation of the Service;
  5. for purpose of payment of goods/services related to customer's order;
  6. in the event of a merger, corporate restructuring, sale or transfer of business or for any other reason;
  7. disclosure is necessary to protect human life and human rights;
  8. when disclosure is required by law and governmental authorities.

Article 8 Delete user registration

You may remove the user registration at any time by following the procedures established for the Service. You may also request the Company to delete the user registration by following the procedures prescribed.
  1. You are aware that if you delete the user registration, you will no longer be able to continue to use the Service henceforth.

Article 9 Cancellation of user registration

  1. In using this Service, you warrant that you will not infringe the terms of this Agreement or use this Service for any fraudulent, criminal or illegal activities. In the event that you violate any of the terms herein, the Company reserves the right without any notice to you, to cancel your user registration forthwith.
  2. The Company reserves the absolute right to cancel or remove any user registration which has not been used for more than one year from its date of registration.
  3. We shall not be responsible or be liable to you for any inconvenience, loss or damage caused by the cancellation, deletion or removal of registration under the preceding two paragraphs.

Article 10 Customer’s Warranties

You warrant that you shall not use the Service for the following acts:
  • Reporting or providing false facts in user registration and use of the Service;
  • Tampering with information and program of the Service;
  • Sending or writing harmful computer programs, materials containing virus or any corrupted codes;
  • To infringe the intellectual property, copyrights and/or violate privacy and other rights of our Company, registered shops and any third party/ies;
  • To slander, defame, abuse, offend, injure the reputation and honor of our Company, registered shops and any third party/ies;
  • Interfere with business of our Company, registered shops and any third party/ies;
  • To publish, post or send information, audio or visual images which are obscene, violent, indecent, unlawful, threatening or inappropriate;
  • To conduct acts contrary to public order and morals or acts that violate any laws and ordinances;
  • To perform or conduct acts aimed at business activities which target an unspecified number of people;
  • To perform or conduct any acts that may interfere with the operation of the Service;
  • To perform or conduct any other acts deemed inappropriate by our Company;
Notwithstanding anything stated herein, our Company shall not be held responsible for the contents submitted by you and we reserve the absolute right to delete, remove or decline your orders to print or reproduce any of your contents submitted and you undertake to hold our Company harmless and agree to fully indemnify our Company and keep our Company indemnified against all claims, suits, demands, actions or any liabilities arising from your breach of any of these Terms of Use.

Article 11 Change of these Terms

The Company reserves the right to change, update and modify these Terms at our sole and absolute discretion, without giving you prior notice Provided that notification of any change, update or modification shall be reflected at our website.

Article 12 Cessation of use of the Service by law or due to force majeure

We will notify you if the operation of the Service violates any laws or regulations or any court order whereby the Service shall cease immediately. No prior consent is required from customers for the cessation of the Service hereunder.
  1. Neither party shall be liable for the non performance or delay in the performance of their obligations herein caused by reasons beyond the control of either party including without limitation, floods, wars, riots, strikes, hostilities, civil commotion, earthquake, or any other acts of God.
  2. The Company shall not be liable to the customer for any damage or loss suffered by the customer due to the cessation of service or non performance of obligations for reasons set forth in the preceding paragraphs.

Article 13 Delete user/usage information etc.

  1. The Company may at its sole and absolute discretion delete any user information without your consent in the event that the Company is of the view that your registered user information obstructs the management and operation of the Service, or violates any of the terms of this Agreement.
  2. The Company shall not be liable for any damage or loss suffered by the customer attributed directly or indirectly by the deletion of the user and /or Usage Information under Article 13 (1) herein.

Article 14 Notice

Notice from the Company to the customer is deemed to have been received by the customer when sent via e-mail addressed to the registered e-mail address.

Article 15 Special provision

In the case where specific conditions which differ from these Terms of Use are prescribed for individual goods and services provided through the Service, such terms and conditions shall prevail over the conditions in this Terms of Use.

Article 16 Printing and processing of images

  1. We may request that you resend your image data, in the unlikely event that our image data is damaged accidentally or due to an unexpected incident.
  2. Customer are advised to retain all original data of the image uploaded or otherwise submitted to us to allow for reordering or resubmission in the event that digital image submitted is damaged, corrupted or lost Provided that we will not be held responsible or liable for compensation for any damage to the image data transmitted from the customer to our Company.
  3. You are aware that due to differences in the monitor, hardware, settings, etc, or display and creation methods, the images shown on your computer monitor and the products you receive may differ. Returns and exchanges for these reasons shall not be accepted. Defective products attributed to manufacturing defects or process, shipping or failure to meet order specifications are exchangeable subject to our Company’s consent.
  4. In the image storage service, images will be compressed automatically based on our reasonable judgement that image data transmitted from customers does not affect print finish, and can be stored in our system. We shall not entertain any claim for compensation or refund due to image compression of original image and /or return of printed merchandise from storage image.
  5. Customer confirms that prints of the image data transmitted from the customer does not infringe any intellectual property laws, copyright, portrait right etc. and other prohibited items referred to in Article 10 of this Terms of Use. If we are of the view that there is a possibility that the print of the image data received from the customer infringes any intellectual property rights of third parties, or violate any provisions herein, we shall at our absolute discretion without notice to customer, reject the order for print of the image and delete or remove the image without prejudice to our right to enforce Article 13 herein. Notwithstanding anything stated herein, we shall not be responsible for the monitoring and deletion of images stored in our image data storage system.

Article 17 Disclosure and sharing of Images stored

  1. Public sharing, reproduction and modification of any customer's image stored in our image data storage system by the customer for purposes other than as stated herein shall be carried out at the customer’s own risks. Our Company shall not responsible for any consequences arising therefrom. You shall be solely responsible to seek consent from any third party owner where applicable, for the sharing, copying, reproduction and modification of any of the images uploaded or stored in our image data storage system.
  2. The Company shall not be liable to the Customer for claims arising from any damage to the image data stored in our image data storage system.
  3. You shall be solely responsible to resolve all issues between you and other third party, at your own expense and responsibility without implicating our Company in any manner whatsoever.

Article 18 Interruption / abolition of service

  1. We may temporarily suspend or suspend part or all of the Service without notifying the customer in advance under any of the following circumstances.
    • When we conduct periodic or urgent maintenance, inspection, change, and/or troubleshooting of the equipment / systems used to provide the Service;
    • When it is difficult to provide the Service due to force majeure such as fire, blackout, natural disaster or any other acts of God;
    • When there is a malfunction or breakdown in the communication system;
    • When the Company temporarily suspends or stops service due to operational or technology failure or change, or where our Company determines at its sole discretion that it is difficult or impossible to continue providing the Service;
    We may discontinue the provision of all or part of this Service by giving a notice period of not less than one(1) month.
  2. We shall not be responsible for any disadvantage or damage caused to our customers due to the termination, discontinuance or abolition of this Service.

Article 19 Liability of Customer

We shall hold you liable for all losses, costs (including solicitor client’s costs) and damage suffered by the our Company or the registered shop for any interruption caused to the Service due to your breach of any of the terms of this Terms of Use or unlawful use of the Service.

Article 20 Dispute between Customer and Third Party

In the event of any dispute arising between you and a third party in connection with the use of the Service, you shall resolve the dispute at your own costs.

Article 21 No Liability to Customers

Save as provided herein, we shall not be responsible for any damage caused to customers in connection with the use of the Service.

Article 22 Governing Law

This Terms of Use agreement shall be governed by the laws of Malaysia.

Article 23 Jurisdiction

In the event of any dispute between the Company and the Customer arising from this Terms of Use or the Service provided hereunder, parties shall be subject to the exclusive jurisdiction of the courts of West Malaysia.