INTRODUCTION

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 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.

To register as a member of the Service, you must be:

 i)                    18 years or over;

ii)                   a Master Card or Visa Card holder; and

iii)                 a Malaysian or Singaporean registered mobile phone holder

In order to use the Service, you must first register yourself as either a Fujifilm VIP Member or a Fujifilm Free 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).

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.

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.

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.

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:

 i)                    is or might be perceived by FUJIFILM or FUJIFILM’s members or users, as 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;

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;

Processing of Purchases

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.

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 from your credit card. 

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.

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.

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.

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.