Prepaid Photo Prints Plans: Terms & Conditions
Terms & Conditions of use for the prepaid photo prints plans
FotoZZoom's Prepaid Photo Prints Plans ("Program") are designed to offer customers certain benefits from FotoZZoom for a period of one year. With the purchase of a subscription to the Program, members are entitled to the discounts and benefits outlined below subject to the requirements and limitations of these terms and conditions ("Terms").
Please read the Terms carefully. These Terms are between FotoZZoom Sdn Bhd ("we", "us", or "FotoZZoom") and you ("you") and govern the respective rights and obligations of the Program. If you purchase a package or take part in the Program, you accept these terms, conditions, limitations and requirements.
Membership to the Program offers Program members a discount off the regular price on photo prints as specified in the respective packages from www.fotozzoom.com during the term of their membership to the purchased Program.
The discount only applies to the purchase of 4R photo prints (4x6 inches prints) specifically. The value cannot be transferred to other products, shipping/handling charges, any applicable taxes or optional upgrades in paper. You are responsible for any shipping charges associated and any applicable taxes with any order. The Program is only valid when orders are shipped to a customer specified location, preference for self pick up will not exempt you from shipping and handling charges.
FotoZZoom reserves the right to accept or reject your membership in a Program in our sole discretion. You may not transfer or assign your membership in a Program, allow third parties to use your membership in a Program, or use your Program membership to ship photos on behalf of third parties. Any attempt of fraud will result in the termination of the Program and refunds will not be made for acts of abuse. Benefits of the Program may not be combined with any other offers or discounts available through www.fotozzoom.com or co-branded sites operated by us.
You may cancel your membership in a Program within thirty (30) days after registration that Program if you have not placed any orders under that Program. If you cancel your membership under these requirements, we will refund your full membership fee and any applicable taxes. This cancellation policy applies to each Program and supersedes any conflicting or different cancellation policies available for other services or programs offered by us.
Cancellation by us
FotoZZoom may terminate your membership in a Program if you violate the Terms or any applicable law, terms and conditions of any services offered by us, or if your use of our services or a Program is determined, in our discretion, to involve fraud or misuse. Failure to enforce any termination rights for any conduct shall not be deemed a waiver of any of our termination rights.
THE PROGRAM AND SHIPMENTS MADE THEREUNDER ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOTOZZOOM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FOTOZZOOM MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. FOTOZZOOM MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH FOTOZZOOM'S SITE OR ADVERTISED THROUGH FOTOZZOOM'S SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SHUTTERFLY OR THROUGH THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL FOTOZZOOM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF FOTOZZOOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, FOTOZZOOM'S SITE OR SERVICES, FROM ANY CHANGES TO THE SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT FOTOZZOOM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, FOTOZZOOM WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE. YOU AGREE THAT THE AGGREGATE LIABILITY OF FOTOZZOOM TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE OR SERVICE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO FOTOZZOOM FOR ACCESS TO AND USE OF THE SITE OR SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.