Malaysia
MalaysiaINTRODUCTION |
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This
Membership Agreement sets forth the terms and conditions in which a
registered member may use the Service, and the way in which the
participating authorized dealers ("FDis") of Fuji Photo Film (M) Sdn Bhd
("FUJIFILM") will provide and offer the Service. Please
read this Membership Agreement carefully before registering yourself
to become a member. You will be required to accept the terms and
conditions set forth herein in order to become a member. THE SERVICE
The
term "Service" includes all functionality made available by FUJIFILM
and its FDis on or through the website www.fujifilm.com.my ("the
Site"). FUJIFILM may add to, delete from, or modify the Service at
any time. MODIFICATIONS/ CHANGES TO AGREEMENT AND SERVICE FUJIFILM may change the Membership Agreement or
the terms and conditions set forth herein from time to time with or
without notice at FUJIFILM's absolute discretion.Your
continued access or use of the Service provided herein subsequent to
any such change will be deemed as your acceptance to those
changes.
FUJIFILM may discontinue or revise any or all other aspects of the Service at its sole discretion and without prior notice. MEMBERSHIP To
register as a member of the Service, you must be 18 years or over. In order to use
the Service, you must first register yourself as either a Fujifilm
VIP Member or a Fujifilm Free Member.
Fujifilm VIP
Member
Upon
successful registration as a Fujifilm VIP Member, a RM 10.00 (Ringgit Malaysia TEN) application
fee will be charged to your credit card. You will be notified through
e-mail and/or via notice through the Site. Your Fujifilm VIP Card
will be sent to your mailing address within thirty (30) working days from date of your
successful registration as a Fujifilm VIP Member. Please review the
terms and conditions governing your participation of the Fujifilm
VIP Programme and use of the Fujifilm VIP Card. The said terms and
conditions are incorporated into, and considered as part of these
terms and conditions.
The
membership may be renewed for an additional three (3) years by payment of the renewal
fees of RM10.00 (Ringgit Malaysia TEN).
Fujifilm Free
Member Upon successful registration as a Fujifilm Free
Member, you will be notified through e-mail and/or via notice
through the Site. No membership fee is
imposed on a Fujifilm Free Member.
As a Fujifilm Free Member, your membership
entitles you to limited access to the Service offered through the
Site. You are not entitled to participate in the Fujifilm VIP
Prgramme. However, you may, at any time, upgrade to Fujifilm VIP
Member by payment of the membership fee above. Your use of the
Service as a Fujifilm Free Member is only limited to uploading photos to a temporary online
album, storing photos on the Site for a maximum period of 14 days
from the date of uploading and ordering prints from the Site.
FUJIFILM reserves the right to remove and erase any stored photo
images from the temporary online album without any prior notice to
you after the 14 days period.
FUJIFILM shall not warrant nor be responsible
for the security of your data, images, photos, files or such other
information stored (whether temporarily or otherwise) in the
temporary online album. You agree that you post, send, transmit,
upload, store or otherwise publish all such data, images, photos,
files and information strictly at your own risk and FUJIFILM shall
not be liable to you for any loss or damage that you may suffer
resulting therefrom. Member
Responsibilities You agree that the information that you provide
to FUJIFILM on registration and at all other times is true,
accurate, current, and complete. You also agree that you will ensure
that this information is kept accurate and up to date at all times.
This is especially important with respect to your e-mail
address.
As you are responsible for all activities that occur under your password and/ or PIN number, you agree to keep your password and/ or PIN number confidential. You must immediately notify FUJIFILM of any unauthorized use of your password and/ or PIN number or any other breach of security in relation to the Service. However, because user authentication on the Internet is difficult, FUJIFILM cannot and does not confirm that each user is who they claim to be. Therefore, FUJIFILM is not responsible for any unwarranted access to your user account or for misuse of your user account as a result of such unwarranted access. FUJIFILM reserves the right to require you to alter your password and/ or PIN number if FUJIFILM believes that the security of the Service is breached or potentially breached. Each
individual is allowed to have only one membership. Membership is intended for
personal use only and is non-transferable. FUJIFILM reserves the right to
delete multiple accounts at FUJIFILM's sole discretion and without notice. Use
of multiple passwords or other methods to create multiple accounts is
prohibited.
AVAILABILITY OF THE SERVICE FUJIFILM will use reasonable endeavours to
ensure that the Service made available to you is free from
interruptions, disruptions, failures or any other technical
problems. However, there will be occasions when the Service will be
interrupted for maintenance, upgrades and emergency repairs or due
to failure of telecommunications links and equipment or such other
events that are beyond the control of FUJIFILM and/ or its FDis.
Every reasonable step will be taken by FUJIFILM and/or its FDis to
minimize such disruption where it is within the reasonable control
of FUJIFILM and/or its FDis. You agree that FUJIFILM and/ or its
FDis is not and cannot be liable to you in any way for such
interruptions, disruptions, failures or any other technical problems
relating to the Service. We will communicate with you via
email. FUJIFILM may send regular email updates and
occasional promotional offers that may be of interest to you. You
may opt-out of these mailings at any time upon
receipt.
ONLINE ALBUM STORAGE POLICY (available to Fujifilm VIP Members only) The
Online Album Storage facility is offered to and accessible by
Fujifilm VIP Members only. Each Fujifilm VIP Member will be allotted
a maximum storage disk space of 50MB (MegaByte) to store photo
images on FUJIFILM's servers upon successful registration as a
Fujifilm VIP Member. FUJIFILM reserves the right to remove and erase
any stored photo images from the Online Album Storage facility
without any prior notice to you if no order or purchase of the photo
images stored is made through the Service after two (2) months. FUJIFILM may, at any time,
change the limits concerning the maximum disk space that will be
allotted by FUJIFILM's servers on your behalf for storage of your
photo images.
To
avoid having your stored photo images removed from the Online Album
Storage facility by FUJIFILM after two (2) months, you may opt to purchase an additional 50MB
storage disk space ("storage disk account") from FUJIFILM for RM 10.00 (Ringgit Malaysia TEN). The
storage disk account is valid for one
(1) year only. The storage disk account may be renewed annually by
payment of the renewal fee of RM 10.00 (Ringgit Malaysia TEN). FUJIFILM reserves the right to
remove and erase any photo images stored in your storage disk
account without any prior notice to you if your storage disk account
is not renewed upon expiry.
FUJIFILM shall not warrant nor be responsible for the security of your data, images, photos, files or such other information stored (whether temporarily or otherwise) in the Online Album Storage facility. You agree that you post, send, transmit, upload, store or otherwise publish all such data, images, photos, files and information strictly at your own risk and FUJIFILM shall not be liable to you for any loss or damage that you may suffer resulting therefrom.
RIGHTS OF FUJIFILM AND FDis Online Album FUJIFILM reserves the right to terminate access
to your user account or to delete the images stored on your account
if you post, send, transmit, upload, or otherwise publish any data,
image, photo, file, text or any other content or material that: ii) contains or displays any expression of bigotry, racism, or hatred, or is ethnically offensive, objectionable or inappropriate ; iii) interferes with anyone else's use of this Site and/ or Service ; FUJIFILM and/ or its FDis reserves the right to reject, refuse or decline to process, perform or deliver any of your purchases that is or in FUJIFILM's or its FDis' opinion as defamatory, libelous, obscene, pornographic, illicit or otherwise offensive in nature. Subject to any administrative expenses that may be charge to your account, FUJIFILM shall endeavour to refund the payments made for such purchases to you by crediting your account . PURCHASES, PAYMENT AND DELIVERY ISSUES Purchase of
Services and Products You
are given the option to acquire the Service through the FDi of your
choice. You are to select your FDi from the list of FDis made
available to you on the Site. FUJIFILM reserves the right to
re-direct your purchases to another FDi of its choice without prior
notice to you if FUJIFILM believes that the selected FDi of your
choice is unable to process, perform or deliver your purchases for
whatever reasons.
Processing of your purchases is subject to payment being successfully charged. Payment Methods You are given the following payment options of your choice to pay for the Service. 1) Credit cards via Telemoney or Paypal 2) Online banking (direct bank transfer) via Alliance Bank, Bank Islam, Bumiputra Commerce Bank, Hong Leong Bank, Maybank, Public Bank and RHB Bank. If you choose Telemony as your payment option, your total cumulative order is limited to a maximum of RM 200.00 (Ringgit Malaysia TWO HUNDRED). You may opt to upgrade your order limit to RM 3000.00 (Ringgit Malaysia THREE THOUSAND) per month by forwarding your mobile phone number, a copy of your Identification Card (front and back), a copy of your credit card (front and back) via facsimile to Systems@Work at 03-8996 9855. The increased order limit will only take effect upon notification by FUJFILM of its approval of your application. If you select Paypal as your payment option,
the following conditions apply :
1)
an additional surcharge of USD0.30 will be
charged to the Service that you acquire. 2) the Service will convert the total chargeable
amount to US currency and you are require to pay in USD.
If you do not agree with the above conditions, please select other payment options other than Paypal Charges and Payment Fees
and charges for the Service shall be determined by FUJIFILM and are
as set out in the price list annexed. An additional RM 5.00 (Ringgit FIVE)will be charged to your account as handling
charges for each purchase you make from the Site. FUJIFILM reserves
the right to amend or change the price list and handling charges
imposed from time to time without prior notice. You are responsible
for payment of all fees, charges, taxes accrued in your user account
under this Membership Agreement. All fees and charges will be at the
rates in effect at the time the charges were incurred. You will not
be entitled to any credits, rebates, or refunds for times when the
Service is down or otherwise unavailable.
You
are responsible for and must provide all computer, telephone and
other equipment and services necessary to access the Service. In
addition, you are responsible for any access charges incurred
through on-line services, telephone companies, or Internet service
providers used in obtaining access to the Service.
All
charges incurred for use of the Service will be paid at the time the
product or service is purchased or ordered. By submitting your
orders through the Site to FUJIFILM, you hereby authorize FUJIFILM
to charge your credit card in connection with fees payable to
FUJIFILM for any of your purchase of the Service through the Site.
You will notify FUJIFILM of any changes in your credit card details.
If at any time a credit card charge is refused for any reason,
FUJIFILM will attempt to notify you or contact you based on the
contact details provided to FUJIFILM. If alternate billing has not
been established, FUJIFILM may, at its sole discretion, immediately
suspend or terminate this Membership Agreement, but you will still
be responsible for all charges incurred. If any payment due is not
made by the Member, FUJIFILM may, in addition to its other remedies,
at its sole discretion and without notice to you, (a) suspend any
performance due under this Membership Agreement and your access to
and use of the Service, or (b) terminate this Membership Agreement
and your access to and the use of the Service.
FUJIFILM shall not be liable for any misuse of
your credit card or membership by a third party.
Pricing, product availability and offers are
subject to change without prior notice. FUJIFILM reserves the right
to make changes without prior notice due to market conditions,
manufacturer or supplier product discontinuation, or technical
errors in on-line services.
FUJIFILM will endeavour to ensure that the fees
and charges for the Service as set out in the price list are
up-to-date and free from errors. FUJIFILM reserves the right to
rectify any discrepancy in the price list at any time. In the event
of any shortfall in the fees charge either to your credit card or
account as a result of any error or discrepancy in the price list,
FUJIFILM reserves the right to charge to your credit card or debit
your account for the amount of such shortfall. FUJIFILM will
endeavour to notify you prior to charging your debiting your credit
card or account for the shortfall. In the event of any surcharge of
fees made either to your credit card or account as a result of any
error or discrepancy in the price list, FUJIFILM will refund the
excess payment to you by crediting your account
.
Delivery FUJIFILM
will offer free delivery services to all members that order or purchase
photo/image prints through the Service. To qualify for free delivery service,
your purchases or orders must:
i)
be delivered to the same postcode area address
("Zone 1") as the FDi processing your purchases or orders; and
ii)
not be
less than the total purchased amount of RM 18.00 (Ringgit Malaysia EIGHTEEN)
Please
review the attached Courier Service Zone Schedule that is
incorporated into, and form part of these Terms and
Conditions.
The free delivery service offered by FUJIFILM
is applicable only for purchases and orders made to addresses within
Zone 1. For deliveries made outside of Zone 1, the delivery charges
will be imposed according to the price schedule posted on the Site.
FUJIFILM reserves the right to change the delivery charges from time
to time
.
Delivery of the items purchased shall be
subject to the standard terms and condition of POS MALAYSIA BHD or
such other nominated courier service company.
For deliveries made within Zone 1, FUJIFILM and
its FDis will endeavour to have the items purchased or ordered from
the Site delivered to you by:
i)
the following working day if your purchases and
orders through the Service are made before 11:00 am; or
ii)
the third working day if your purchases and
orders through the Service are made after 11:00 a.m.
For deliveries made outside Zone 1, FUJIFILM
and its FDis will endeavour to have the items purchased or ordered
from the Site delivered to you within three to four working days
from the date you make your purchases or place your orders through
the Site.
FUJIFILM and/ or its FDis will not be liable
for any late delivery of your purchases although FUJIFILM and/ or
its FDis undertake to use its best endeavours to have your purchases
and orders delivered to you within the abovementioned time
frame
. COPYRIGHT IN
YOUR IMAGES FUJIFILM has taken reasonable measures to
protect your rights, and to protect your images from unauthorized
access and display. However, FUJIFILM does not warrant the security
or safety of the images or such other data and information which you
post, upload and/or store, whether temporarily or permanently, on
the Site.
FUJIFILM and its FDis do not claim ownership
rights in any image contained in your user account. However, for the
sole purpose of enabling FUJIFILM and its FDis to display your
images through the Service and fulfilling any orders for you or
those you have shared your images with, you grant to FUJIFILM and
its FDis a non-exclusive, royalty-free licence to use, copy,
distribute, and display those images. When you share images on your
online album, you allow the recipients to share and make
photographic prints from those images
Whilst it is FUJIFILM and its FDis'
intent to protect you and your rights in your images, FUJIFILM and
its FDis also needs to protect the holders of other copyrighted
material. Therefore, you acknowledge that you are the owner of the
copyright to the material you post or transmit to FUJIFILM and its
FDis. No copyrighted material may be placed on the Service by anyone
without the permission of the copyright owner, or persons,
authorized by the copyright owner to grant permission. You are
responsible for obtaining the necessary permission before permitting
any copyrighted material that belongs to others to be placed on the
Service
You agree that you shall defend, indemnify and
hold harmless FUJIFILM and its FDis, its successors, assignees,
subsidiaries, affiliates, licensees and sub-licensees, and their
respective officers, directors, agents and employees, from and
against any action, suit, claim, damages, liability, costs, and
expenses, arising out of or in any way connected with your breach of
any representation or warranty made by you in this Agreement or any
claim that the photographs or images you submit to FUJIFILM and its
FDis for posting on this Site or for processing infringe any
intellectual property rights, including, without limitation, any
copyright or trademark, of any third party
.
CONDUCT OF MEMBER You
are responsible for all of the images you upload, share or copy
using the Service. You must have the legal right to copy and display
each image that you upload, share or print. Images that are provided
to you by any third party or made available through websites,
magazines, books or other resources, are protected by copyright and
should not be uploaded, shared or copied using the Service unless
the necessary prior permission has been sought.
You
agree not to use the Service:
(a)
for any unlawful purposes;
(b)
to upload, post, order for print, email or
otherwise transmit or communicate any material that is defamatory,
libelous, disparaging, obscene, pornographic, profane, threatening,
abusive, deceptive, offensive, vulgar, ethnically offensive,
objectionable or inappropriate, including nudity, adult content,
illegal content, content of a sexual nature or otherwise
objectionable;
(c)
to display any expression of bigotry, racism,
or hatred, or is ethnically offensive, objectionable or
inappropriate;
(d)
to upload, post, order for print, email or
otherwise transmit or communicate any material that you do not have
a right to transmit or communicate under any contractual or
fiduciary relationship or which infringes any copyright, trade mark,
patent or other intellectual property right or any moral right of
any party including, but not limited to FUJIFILM;
(e)
to harm minors in any way, including, but not
limited to, content that violates child pornography laws, child
sexual exploitation laws and laws prohibiting the depiction of
minors engaged in sexual conduct;
(f)
to forge headers or otherwise manipulate
identifiers in order to disguise the origin of any content
transmitted through the Service;
(g)
to upload, post, email or otherwise transmit
any material which is likely to cause harm to FUJIFILM and/ or its
FDi's or anyone else's computer system, including but not limited to
that which contains any virus, code, worm, data or other files or
programs designed to damage or allow unauthorised access to the
Service which may cause any defect, error, malfunction or corruption
to the Service;
(h)
to make images hosted by FUJIFILM available for
viewing by the general public through a publicly posted link to the
image or otherwise;
(i)
for any commercial purpose.
You
further agree that you shall not, whether on your own, or permit
others, to:
(a)
interfere with or disrupt (or attempt to
interfere with or disrupt) this Service or servers or networks
connected to this Service, or to disobey any requirements,
procedures, policies or regulations of networks connected to this
Service; or
(b)
provide any information to FUJIFILM and/ or its
FDis that is false or misleading, that attempts to hide your
identity or that you do not have the right to disclose. Monitoring of Content FUJIFILM does not control the content of members' accounts and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Service and Site. Illegal Activities It is FUJIFILM's policy to report suspected illegal activities relating to use of the Service to law enforcement agencies and to cooperate fully with their investigations. Suspension and Termination of Service and Membership If you object to any portion of this Membership Agreement, or any subsequent modification thereto, or become dissatisfied with the Service, the Site, or any materials, data, text, images, or any transaction entered into through the Site or Service, your only recourse is to immediately discontinue use of the Service and notify FUJIFILM of such termination in writing. FUJIFILM reserves the right, in its sole discretion to terminate all or a portion of the Service at any time and for any reason. Any termination under any provision of this Membership Agreement may be effected without prior notice, and FUJIFILM will immediately delete and discard your user account and/or bar any further access to such files on the Site or through the Service. Upon any termination of your Membership, or of this Membership Agreement, your right to use the Service will immediately cease. FUJIFILM will have no obligation thereafter to host or provide access to your user account, or to forward any materials stored through the Service. FUJIFILM may retain certain materials for administrative and other reasons. Disclaimer of Warranty and Limitation of Liability The Service, the Site and all related products and services provided by FUJIFILM and its FDis "as is" with no warranties whatsoever. All express, implied and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement, are expressly disclaimed to the fullest extent permitted by law. FUJIFILM and its FDis disclaim any warranties for the security, reliability, timeliness, and performance of this Service. FUJIFILM and its FDis will not be liable to you, and you will waive any claims you may have against FUJIFILM and its FDis in respect of any loss, whether direct or indirect, or whether foreseeable or not suffered by you arising out of FUJIFILM's and/ or its FDis' negligence. You understand and agree that the submission of any digital content or film image to FUJIFILM and its FDis, and the download or upload of any material through the Service is done at your own discretion and risk and that you will be solely responsible for any loss or damage to your content or image or any damage to your computer system or loss of data that may result in the download or upload of any material. You are solely responsible for creating back-ups of your digital content. FUJIFILM and its FDis do not warrant the security of information transmitted by or to you and may be accessed by unauthorized third parties purporting and/ or disclosed by any officers, employees or agents of FUJIFILM and/ or its FDis to third parties purporting to be you or purporting to act under your authority. You agree not to hold FUJIFILM and/ or its FDis liable in any way for any loss whether direct or indirect suffered or incurred by you as a result of such access or disclosure. FUJIFILM and/ or its FDis liability in any event to you howsoever arising in respect of the supply of the Service to you shall in no circumstances exceed the value of the Service supplied to you. FUJIFILM and its FDis shall in no circumstances be liable to you for any damages, including any lost profits, lost savings or any direct, indirect, incidental, consequential, special, exemplary, and punitive damages resulting from the use or provision of the Service, the Site and all related products and services, even if FUJIFILM and/ or its FDis has been advised of the possibility of such damages. Indemnity You
agree to indemnify and hold harmless FUJIFILM and its FDis, their successors,
assignees, subsidiaries, affiliates, licensees and sublicensees, and their
respective officers, directors, agents and employees, from and against any
action, suit, claim, damages, liability, costs, and expenses, arising from:
(a)
your
use of the Site or the Service (b)
your
violation of this Membership Agreement;
(c)
your
violation of third party rights;
(d)
your
violation or infringement of a third party's copyright, trade mark,
trade secret, patent, or other intellectual property rights;
or
(e)
any
libelous or unlawful material contained in your user account Force Majeure Without prejudice to the provisions of these Terms and Conditions limiting or disclaiming liability, FUJIFILM and/ or its FDis are not liable for any delay or failure in performance resulting directly or indirectly from causes beyond its reasonable control, including, without limitation, failure of the internet, power failure, failure of computer, telecommunication or other equipment, strikes, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, floods, storms, explosions, act of God, war, governmental actions, orders of domestic or foreign courts, non-performance of third parties Privacy FUJIFILM has a firm commitment to safeguarding your privacy. Please review FUJIFILM's privacy statement. The terms of FUJIFILM's privacy policy are incorporated into, and considered as part of, these terms and conditions. Notices; Questions All notices from you to FUJIFILM shall be in writing, and shall be made or delivered to FUJIFILM via email or conventional mail. If
you have any question about the Service or this Membership Agreement, please
feel free to contact us at
e-zy2print@fujifilm.com.my
From time to time FUJIFILM may provide links that will take you to other, third party websites. These links are provided for your convenience only. If you decide to access linked websites you do so at your own risk. FUJIFILM does not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that FUJIFILM is not liable for any loss or damage that you may suffer using other websites. Applicable Laws and Jurisdiction This Membership Agreement and terms and conditions shall be governed by and construed in accordance with the laws of Malaysia. Any disputes arising under or in connection with these terms and conditions shall be subjected to the jurisdiction of the Malaysian Courts. No Waiver Failure or neglect by FUJIFILM to enforce at any time of any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of FUJIFILM's rights hereunder nor in any way affect the validity as to the whole or any part of this Membership Agreement nor prejudice FUJIFILM's rights to take subsequent action. Assignment This Membership Agreement shall not be assigned by you whether voluntarily or involuntarily or by operation of law, in whole or in part, to any party without the prior written consent of FUJIFILM. No such assignment by you howsoever occurring shall relieve your obligations under this Membership Agreement. Severability In the event that any of the terms, conditions or provision contained in this Membership Agreement shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining body of this Membership Agreement which shall continue to be valid and enforceable to the fullest extent permitted by law. |
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