Terms and Conditions

Photofrog is a photo finishing service developed and operated by Five Squared Digital (Pty) Limited herein referred to as Photofrog. We provide photo hosting and payment services to independent sellers.

Use of website

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.

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.

Privacy

We value your privacy and the protection thereof. View our Website's Privacy Policy on how we collect, use and disclose personal information from users of the Website in accordance with the Protection of Personal Information Act, 2013 (POPI).
By accepting these terms you consent to Photofrog’s communication with you about the Website, Products and Services by email, system messages or any other communication medium.

Our rights

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.

Photo use license

All photos are subject to a personal use license. By purchasing an item you agree to use the images as per the applicable license agreement.

Product availability

Every effort is made to effect shipment of your order timeously however unforeseen circumstances may cause delays. Should we be faced with such an occurrence Photofrog will notify you via email.

Delivery policy

When you click to make a purchase with us legal obligations arise and your right to refund of monies 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 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.

Digital downloads

All photos are made available via digital download, you will be able to access the ordered photo(s) in digital format (without watermarks) and save it to your computer. Delivery is free and you will receive access to the download page within 15 minutes after payment has been verified.

Order processing

Order processing will not begin until we receive a confirmed order and have verified that full payment has been made.

Cancellation policy

Should you for any reason wish to cancel your purchase you will be liable for a 15% handling fee. You must advise us in writing of your cancellation and any such cancellation must be signed by the person who made the original purchase. The goods must be returned to us undamaged in the original packaging within 14 calendar days.

Refund policy

If you are not 100% satisfied with the quality of your photos, we will either replace them for free or refund your purchase in full.

Payment options and pricing

All transactions will be processed in South African Rands (ZAR).
Photofrog endeavours to offer you competitive prices on current products; you're total order price will include the price of the purchase plus any applicable sales tax and shipping charges (on the day of shipping).
Photofrog reserves the right to change pricing at any time without prior notice.
We accept MasterCard and Visa credit cards. If you do not have a credit card please utilise one of the other payment options, or simply log off and return to the site at a later time to complete your order.
When making payment via EFT, proceed to "Checkout" and follow the order processing instructions. Select the option to pay via EFT. You will then have to load Photofrog as a beneficiary on your internet banking and use the unique order number in the reference line for your payment. This should ensure speedy processing and delivery of your selected products.

Processing of Personal Information

You consent to Photofrog receiving, storing and processing all personal information, as defined in Protection of Personal Information Act, 4 of 2013 (hereinafter referred to as "POPI"), provided by you Photofrog prior to and/or during the negotiations of and/or at the conclusion of and/or during the subsistence of and/or after termination of this mandate (“the personal information”), and authorises Photofrog to process the personal information in order for Photofrog to give effect to, and carry out its obligations, in terms of this mandate. You specifically authorises Photofrog to secure further personal information from third parties and to provide the personal information to third parties and/or to place the personal information in the public domain, if so required to give effect to this mandate.

Security policy

Paygate process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site's registered domain name are checked and verified, ensuring the cardholder and merchant that nobody can impersonate Paygate to obtain confidential information..
Paygate is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Paygate Internet servers are protected by firewalls and intrusion detection systems.
The Merchant does not have access to credit details.
Paygate continually reviews and enhances its security in line with technological changes.

Monitoring

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).

Law

The Conditions will be exclusively governed by and construed 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.

Updating of these Terms and Conditions

We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User's obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User's continued use of this Website following the posting of changes or updates will be considered notice of the User's acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

Consent

I understand that all the designs and trademarks are registered to Photofrog and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by Photofrog for any civil action or any legal action deemed necessary against me.

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