Terms and Conditions

Ezyprints

Last updated 6 February 2009

Introduction

In using this web site, you agree to be bound by the Terms and Conditions set out below. If you do not accept these Terms and Conditions you may not access or use this site. By using Ezyprints online services you accept these terms and conditions. You are responsible for reviewing these terms of service each time you use Ezyprints.

Definitions

"Content" means all information, data, text, software, music, sound, photographs, graphics, video, messages or other material. "You/Your" means you, the customer of this web site. "We/Us/Our" means Ezyprints who provides this web site.

Third Party Web Sites

This website may contain links to third party websites. These websites have not been prepared by and are not controlled by us. They are provided for your convenience only, and do not imply that we check, endorse, approve or agree with third party websites this website links to.

Site Operator Liability and Indemnity

To the extent permitted by law:

  • All warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limit, suitability, fitness for purpose, accuracy or completeness of this website or the content on or accessed through it; and
  • We will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of this website or the content on or accessed through it.

If the New Zealand Consumer Guarantees Act 1993 applies, you may have rights or remedies which are not excluded nor limited by the above. If you are using this website or its content for business purposes, the above exclusions and limits will apply and the New Zealand Consumer Guarantees Act 1993 will not apply. We will take action, within a reasonable time, to correct any error or inaccuracy that is brought to our attention. Ezyprints makes no warranty that its website or services will be uninterrupted, timely, secure, or error free, or that this website or our server is free of viruses or other harmful components.

Intellectual Property

All intellectual property on this website, including without limit, the text, graphics and copyright works is owned by us (or our relevant content supplier). We are the exclusive owner of all rights in the compilation, design and layout of this website.

Intellectual Property Rights

You retain all intellectual property rights (including copyright) to the images that you have uploaded to the Ezyprints website. However, you authorise us to delete, remove, display, modify, print, transmit, or distribute any of your images to enable us to provide Ezyprint's online services, or to otherwise to comply with these terms.

Property/Risk

Property and risk in goods ordered by you from us will pass to you upon delivery of the goods to your specified delivery address for the relevant order.

Liability

Subject to the provisions of this clause, to the extent permitted by law:

  • All warranties, representations and guarantees (whether express, implied or statutory) are excluded;
  • We will not be liable for any indirect losses or consequential damages of any kind suffered or incurred by you; and
  • We limit our liability to the replacement, or replacement cost and the delivery cost, of the relevant goods at our option. If you are not acquiring goods or services from us for business purposes, you may have rights and remedies under the New Zealand Consumer Guarantees Act 1993 in which case the above exclusions and limitations will not apply to the extent these are inconsistent with your rights and remedies under that Act. If you are acquiring goods or services from us for business purposes, the New Zealand Consumer Guarantees Act 1993 will not apply. You indemnify Ezyprints (including its officers, employees and agents) against any action, claim, damages, liability, costs and expenses arising out of the use of the Ezyprint's website or Ezyprint services by you (or any other person using your account) in breach of these terms; any claim that the uploading, or posting of any images by you or on your behalf, or the processing, printing or other dealing with such images by us in accordance with these terms, is an infringement of any third party's copyright, trade mark or other intellectual property rights.

Objectionable Material

You are not allowed to deliver film, upload or order prints of any images or other material which contains:

  1. Pornographic or obscene material;
  2. Racist material, or any other material that is likely to incite hatred against any person or group;
  3. Blasphemous material;
  4. Defamatory or otherwise actionable material;
  5. Images of any criminal act;
  6. Material, the use or inclusion of which may infringe the copyright, trademark or other intellectual property right of any third party;
  7. Material that breaches any applicable laws or legislation.

We may at our discretion contact law enforcement authorities regarding any images uploaded or emailed to us by you in breach of the above restrictions. We may provide copies of any relevant images or material to the relevant law enforcement authority and in that connection may also give them access to any personal information that we hold. We may delete or reject any image that has been uploaded or submitted for printing in breach of these terms and refuse to provide any further services. In the event that prints are produced and then discovered to be in contravention of these Terms we may, at our sole discretion, elect not to dispatch the prints to you and reserve the right to charge in part or in full as if the prints had been dispatched.

Governing Law

These terms of trade are governed by and interpreted according to the laws of New Zealand. These terms of use and any matters or disputes connected with this website will be governed by New Zealand laws and will be dealt with by New Zealand courts.

Waiver

The failure by us to enforce any right or provision of this agreement will not constitute a waiver of the right or provision.

Ordering your Prints Online

You agree to provide us with accurate and complete personal information to allow us to fulfil your order. When your order is received a confirmation e-mail will be sent to your e-mail address.

Delivery of Online Orders

You can choose to have your order sent by post or courier. Our preferred option is courier as we can track the delivery and in most cases delivery will be by midday the following business day. Ezyprints will not be held accountable for delays caused by postal delivery systems.

Should your order not be delivered or your prints damaged in transit, please contact us within 3 days so we can track the delivery or reprint your order.

Quality Guarantee

At Ezyprints, your satisfaction is our number one concern. We guarantee the quality of our prints. If you are not 100% satisfied with the quality of your order or the service you have received please contact us within 7 days for a free reprint of your order or a full refund.

Image Quality

We do our best to send you the highest quality products. However, there are situations that are beyond our control. Ezyprints is not responsible for the following:

  • Errors in spelling, punctuation, or accuracy in the text entered by the customer. Please preview any custom text carefully and correct any mistakes prior to placing your order. Ezyprints does not and will not proof-read for (or correct) any such mistakes.
  • Poor quality resulting from the use of low-resolution or poor quality images.

If you are not satisfied with your order, please contact us so we can investigate. Even if it turns out to be one of the user errors listed above, we will be happy to work with you to correct the error.

Business Hours

Monday to Friday 8.00am to 5.30pm. Saturday 9.00am to Noon. Deliveries arranged Monday to Friday.

Modifications to Web Site

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the web site (or any part thereof) with or without notice. You agree that We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the web site.

Amendments to these Terms and Conditions

We reserve the right, at any time, to modify, amend or update these terms and conditions without notice.

Privacy

Your privacy is important to us. Whether you order online or by postal order form, all personal information collected will be confidential. We will not sell or pass on any of your personal information to a third party without your permission. We may us your personal contact information to contact you for any order processing queries. Please read our privacy policy.