Terms and Conditions
Photo and Beyond provides an online photo printing service to the general public. A user uploads their photos to photoandbeyond.co.za. Photo and Beyond will then print out the photos on a high-quality paper finish as per the customers specifications in a professional and experienced lab. The prints are then couriered to the user via various methods.
Our web site is committed to protecting the privacy of our online visitors. In addition, online visitors who wish to receive a login membership access through our Web site must provide their name, email address, mailing address and phone number. All credit card transactions occur over a secure SSL connection provided by Payfast South Africa. All online visitor data collected by this site is protected against unauthorized access. We will not sell, trade, or give your personal information to other companies or organizations.
You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ‘embedding’ or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.
You may submit certain material to Photo and Beyond, including without limitation, photographic images, as part of your use of the Service.
Under these Terms, you agree that you will NOT post, place or transmit any of the following material or obtain any such material using the Service: (Submitter)
- Any threatening, defamatory, abusive, obscene, inappropriate or profane material or any other material that could give rise to any civil or criminal liability under applicable law.
- Any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material if applicable;
- Any material sent from an anonymous or false address;
- Any material that promotes bigotry, racism, hatred or harm against any individual or group.
While Photo and Beyond is not responsible for, and does not review or comment on the content of Clients provided by Photo and Beyond users, we as Photo and Beyond reserves the right in its discretion to
- delete, move or edit orders that it, in its sole discretion, deems abusive, defamatory, obscene, inappropriate, or in violation of copyright or trademark laws, or otherwise unacceptable, or
- take any other action that Photo and Beyond deems necessary relating to use or misuse of the service.
Photo and Beyond may request confirmation of the copyright or trademark ownership from the submitter. If Photo and Beyond does not receive any such confirmation or if there are continued claims of copyright or trademark infringement relating to certain Submissions, Photo and Beyond reserves the right to
- suspend the shipping of an order relating to the Submission in question, and/or
- share the submitter’s account information with governmental organizations, law enforcement authorities or other third parties. If you, as a submitter, dispute any copyright or trademark infringement claims, we will share with you the contact information of any party claiming any such infringement. In the event of any such dispute, Photo and Beyond reserves the right to suspend the display, viewing or sharing of any Submissions until the issue has been resolved. You hereby grant to Photo and Beyond a non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute your Submissions for the sole purpose of delivering the service. In addition, you warrant that all moral rights in any Submissions and uploaded materials have been waived and do hereby waiver any such moral rights.
Your physical or electronic sharing of your images constitutes permission for reprinting by the recipient. Photo and Beyond will not be liable for the content of any Submission and expressly disclaims all liability relating there to.
Photo and Beyond will not knowingly collect personal information from children under the age of 16. If we learn that we have personal information on a child under the age of 16, we will delete that information from our systems. We encourage parents to go online with their kids. Here are a few tips to help make a child`s online experience safer:
1) Teach kids never to give personal information, unless supervised by a parent or responsible adult. Includes name, address, phone, school, etc.
2) Know the sites your kids are visiting and which sites are appropriate.
3) Look for Web site privacy policies. Know how your child`s information is treated.
Disclaimer of Warranty
The contents of this site are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.
The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called “Providers”, assume no responsibility for errors or omissions in these contents.
The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility.
The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.
We reserve the right to:
- modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
- change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
- We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
Third party links
In an attempt to provide increased value to our users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
When you click to make a purchase with us, legal obligations arise and your right to refund of money charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions. You must not make any purchase through this site unless you understand and agree to all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website.
Refunds / returns policy
Should you for any reason wish to cancel your purchase you will be liable for a 15% handling fee. If for any reason the order is cancelled after printing, the product will be shipped to you and no refund will be given. You must advise us in writing of your cancellation and any such cancellation must be signed by the person who made the original purchase. You can email us at email@example.com
All transactions will be processed in South African Rands (ZAR). We accept credit card payments via the website (Payfast) and payments via EFT or Direct Deposit.
PayFast processes all credit card transactions. PayFast is a payment processing service for South Africans and South African websites. They enable easy, secure and instant transfer of money between online buyers and sellers. They allow sellers to accept payments from buyers in a variety of ways. Payfast processes credit cards (Visa and MasterCard), Instant EFT (bank transfers to any of SA’s four biggest banks that get instantly verified).
PayFast is committed to keeping you and your information secure. They have a multitude of checks in place to protect both buyers and sellers from fraudulent transactions.
- Payfast uses Extended Validation SSL with 256-bit encryption. Only two of the four major South African banks use this, the highest level of encryption currently available.
- 3D Secure is in place for all credit card transactions.
- All sensitive info is encrypted within Payfast’s own database.
- Payfast runs penetration testing on their systems on a weekly basis to look for vulnerabilities.
- Our entire site, blog and help site are served off secure servers, making it harder to perpetrate phishing attacks.
- We also have an excellent monitoring system that does, among other things: GEO IP tracking, velocity testing, BIN/IIN validation and checks against online databases.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
The Conditions will be exclusively governed by and constructed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
Tel: 011 466 5600