PhotoInPrint User Agreement
updated: Mar. 12, 2024
1.PhotoInPrint online printing service (Introduction)
Welcome to PhotoInPrint, a premier online service dedicated to bringing your digital images to life. At PhotoInPrint, we offer a seamless, user-friendly platform where customers can upload their cherished memories, select from a variety of high-quality paper options, customize their print settings, and have their printed images delivered directly to their doorsteps through Canada Post.
Our mission is to provide an exceptional printing experience that combines convenience, quality, and personalization. Whether you're looking to preserve your favorite moments, create stunning gifts, enhance your living space with personalized decor, or require high-quality prints for professional portfolios, exhibits, or client projects, PhotoInPrint is dedicated to meeting the diverse needs of both amateur and professional photographers with excellence.
This User Agreement outlines the terms and conditions under which you may access and use the PhotoInPrint service. By utilizing our website and services, you acknowledge and agree to comply with these terms. This agreement is designed to ensure a clear understanding of your rights and responsibilities, as well as ours, as we work together to deliver your printed memories in the best way possible.
Thank you for choosing PhotoInPrint. We look forward to helping you print your moments and bring your images to life.
2. Modification of Terms
PhotoInPrint reserves the right, at our sole discretion, to modify, add, or remove portions of this User Agreement at any time without prior notice. Such changes may be necessitated by our evolving services, changes in technology, laws, or regulatory requirements, or other reasons deemed necessary by the company.
When we make changes to the User Agreement, we will post the updated version on our website along with an effective date. We encourage you to review the User Agreement periodically to stay informed of any updates. Your continued use of the PhotoInPrint service after the posting of changes constitutes your binding acceptance of such changes.
If any modification is unacceptable to you, your only recourse is to cease using the PhotoInPrint services. Please note that we may also choose to notify you of significant changes through other means, such as email or a prominent notice on our website, but it is ultimately your responsibility to review the User Agreement for changes.
3. Warranty Disclaimer
PhotoInPrint provides its online printing service and website "as is" and without any warranties, express or implied, to the fullest extent permissible by law. This disclaimer includes, but is not limited to, any warranties of merchantability, non-infringement of intellectual property, and fitness for a particular purpose. We do not warrant the accuracy, completeness, or usefulness of any information, the reliability of any service, or the quality of any products provided through our service.
While PhotoInPrint strives to offer high-quality prints and maintain the integrity of our service, we cannot guarantee that our service will meet your specific needs or expectations, that the service will be uninterrupted, timely, secure, or error-free, or that defects in the service will be corrected.
Furthermore, while PhotoInPrint employs reasonable efforts to safeguard the security and integrity of our website and servers, we cannot guarantee that our security measures will prevent unauthorized access by third parties. In the event of such an intrusion, it could lead to the exposure of personal information or the presence of harmful components, such as viruses, on our website. By using the PhotoInPrint service, you acknowledge and accept the potential risks associated with online transactions and communications. We encourage users to take protective measures when using our service, including maintaining up-to-date antivirus software.
Additionally, the nature of our online printing service requires users to upload their images onto our platform. Despite our rigorous efforts to secure our servers and protect user data, we must acknowledge the possibility of unauthorized third-party breaches. Such incidents could potentially lead to the theft or unauthorized use of personal and copyrighted images. We understand the personal and proprietary value of these images and strive to protect them to the best of our ability. However, users who choose to utilize our service must acknowledge and accept the inherent risks associated with uploading their content to an online platform.
This Warranty Disclaimer section does not affect any warranties which cannot be excluded or limited under applicable law. Users are encouraged to exercise caution and use discretion while using the PhotoInPrint service.
Should you have any questions or concerns regarding this Warranty Disclaimer or the security measures PhotoInPrint employs to protect your data and content, please do not hesitate to contact us. We are committed to providing transparency and support to ensure a trusted and secure experience for all our users.
4. Limitation of Liability
To the fullest extent permitted by applicable law, PhotoInPrint, along with its affiliates, officers, directors, employees, agents, suppliers, or licensors, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses. This limitation applies to damages resulting from:
- Your access to or use of, or inability to access or use, the PhotoInPrint service;
- Any conduct or content of any third party on the service;
- Any content obtained from the service; and
- Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not PhotoInPrint has been informed of the possibility of such damage.
Furthermore, in the unfortunate event of a security breach resulting in the unauthorized access to or theft of user images, PhotoInPrint will not bear financial responsibility for any direct or indirect losses or damages stemming from such incidents. Despite our efforts to secure user data and protect against unauthorized access, users must acknowledge and accept the inherent risks associated with uploading and storing their images on an online platform.
Additionally, PhotoInPrint's liability for claims arising from dissatisfaction with our service, including but not limited to the quality of printed images, shall be limited to the amount paid by the user for the specific service or product causing the dissatisfaction. In no event shall PhotoInPrint be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from such claims, including but not limited to loss of profits, contracts, or any other financial losses, whether the claim is based on warranty, contract, tort (including negligence), or any other legal theory.
PhotoInPrint endeavors to fulfill orders within the estimated time frames but acknowledges that unforeseen circumstances, including but not limited to supply chain issues or delays in postal services, may lead to unexpected delays. PhotoInPrint's liability for any claims arising from such delays shall be limited to refunding the amount paid by the user for the specific service or product affected by the delay. In no event shall PhotoInPrint be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from delay-related claims, including but not limited to loss of profits, contracts, or any other financial losses, whether the claim is based on warranty, contract, tort (including negligence), or any other legal theory.
Additionally, users acknowledge and agree that they are solely responsible for any copyright infringement or violations resulting from the unauthorized use of copyrighted images uploaded for printing. PhotoInPrint expressly disclaims any liability for such infringement or violations. By uploading images for printing, users represent and warrant that they have the legal right to use and print these images and will indemnify PhotoInPrint against any claims, damages, or legal actions resulting from copyright infringement or copyright violations related to the images they upload.
By utilizing the PhotoInPrint service, you acknowledge that the risks of conducting transactions and communications online are shared between PhotoInPrint and its users. We encourage our users to take all necessary precautions to protect their personal and valuable images, including considering the use of encryption and other protective measures.
This section does not affect any liability which cannot be excluded or limited under applicable law. Users are encouraged to maintain vigilance and take proactive steps to safeguard their own digital assets while using the PhotoInPrint service.
5. Choice of Law
This User Agreement, and any disputes arising out of or related to the services provided by PhotoInPrint, shall be governed by and construed in accordance with the laws of Calgary, Alberta, Canada, without regard to its conflict of law principles. By using the PhotoInPrint service, users agree that any legal action or proceeding between PhotoInPrint and the user for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or provincial court of competent jurisdiction sitting in Calgary, Alberta, Canada.
This choice of law provision is designed to provide predictability in legal proceedings by specifying the jurisdiction that will apply to interpret the terms of this User Agreement and to resolve any disputes that might arise between PhotoInPrint and its users.
6. Geographic Restrictions
The services offered by PhotoInPrint are available exclusively to users residing in Canada and the United States. By using this service, you affirm that you are accessing it from within these specified geographic locations. Our website and services have been designed to comply with the laws and regulations of Canada and the United States, and we do not represent that our website or services are appropriate or available for use outside of these countries.
When choosing a delivery address, users are limited to locations within Canada and the United States. Any attempt to use the service from outside these countries, or to specify a delivery address outside these geographic limits, is in violation of this Agreement and may result in service limitation, suspension, or termination of your access to the service without notice.
Users accessing the service from locations outside Canada and the United States do so on their own initiative and are responsible for compliance with local laws. PhotoInPrint reserves the right to limit, at its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area.
7. Intellectual Property Rights
7.1. PhotoInPrint Content
All content provided on the PhotoInPrint website, including but not limited to text, graphics, logos, images, as well as the compilation thereof, and any software used on the site, is the property of PhotoInPrint or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes to it.
Users are permitted to use the content provided on the PhotoInPrint website, including but not limited to text, graphics, logos, images, and any software used on the site, for their personal, non-commercial purposes, as well as for the direct purpose of placing orders with PhotoInPrint or utilizing our services in the course of their business, such as professional photography. While PhotoInPrint retains all rights to its website content, we encourage the use of our informational materials for assisting with and facilitating the ordering process on our platform.
However, it is important to note that reproduction, publication, distribution, or modification of the website’s content, outside of the aforementioned uses, without PhotoInPrint's prior written permission is strictly prohibited. Users do not acquire any ownership rights to any content on the website by accessing or using such content.
7.2. User-Uploaded Images
When users upload images for printing, they grant PhotoInPrint the rights to process these images exclusively for the purpose of printing and mailing the printed images to the designated recipient. It is the user's responsibility to ensure that they possess the necessary copyright permissions or ownership rights to the images they upload for printing. PhotoInPrint operates under the assumption that all images uploaded by users for printing are done so under the proper legal rights and permissions.
Users acknowledge and agree that they are solely responsible for any copyright infringement or violations resulting from the unauthorized use of copyrighted images. PhotoInPrint expressly disclaims any liability for such infringement or violations. By uploading images for printing, users represent and warrant that they have the legal right to use and print these images and will indemnify PhotoInPrint against any claims, damages, or legal actions resulting from copyright infringement or copyright violations related to the images they upload.
PhotoInPrint commits to not displaying, sharing, or using these images for any purposes other than what is necessary for the printing service. This includes a commitment to not use user-uploaded images for promotional purposes, public display, or redistribution, except in cases where content is deemed illegal or violates our content policy, in which case it may be reported to law enforcement authorities as required by law.
7.3. User-Generated Content
Aside from images uploaded for printing, PhotoInPrint allows users to create and post other content, such as reviews or comments. By posting such user-generated content, users grant PhotoInPrint a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the posted content in connection with the PhotoInPrint service and PhotoInPrint's (and its successors' and affiliates') business. This includes, without limitation, promoting and redistributing part or all of the service (and derivative works thereof) in any media formats and through any media channels.
Users represent and warrant that they own or have the necessary licenses, rights, consents, and permissions to publish the content they post; that the content is accurate; that use of the content they supply does not violate this policy and will not cause injury to any person or entity; and that they will indemnify PhotoInPrint for all claims resulting from content they supply.
PhotoInPrint does not claim ownership of user-generated content. However, by posting, uploading, inputting, providing, or submitting your content, you are granting PhotoInPrint permission to use your content in connection with the operation of their internet business including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your content.
8. The way we use user's information and images
8.1. Collection and Use of Information
PhotoInPrint is committed to safeguarding the privacy and security of our users' information. When you use our services, we collect information you provide directly, such as your name, address, email address, and the images you upload for printing. This information is vital for fulfilling your orders, providing customer support, and enhancing our services. Additionally, we may use your contact information to send you service updates, promotional offers, and important information about our services, unless you choose to opt-out or unsubscribe from such communications.
8.2. Protection of User Information
We implement various security measures to ensure the safety of your personal information and uploaded images. To enhance user data security, PhotoInPrint requires all users to create an account and log in before uploading images for printing. This measure provides more secure control over access to uploaded images and helps protect your personal and proprietary content.
To further strengthen our security efforts and prevent unauthorized access, PhotoInPrint limits the number of requests per second to sensitive pages, such as those for login and account registration, effectively mitigating the risk of brute-force attacks. Additionally, we require email confirmation for account registrations, introducing an extra layer of verification that ensures the legitimacy of user accounts.
In addition to these account-based protections, we use SSL (Secure Sockets Layer) technology to encrypt your information and securely transmit it over the Internet. However, it's essential to recognize that no method of Internet transmission or electronic storage is entirely secure. While we endeavor to use commercially acceptable means to protect your personal information and uploaded images, we cannot assure their absolute security.
8.3. Use of Images
The images you upload for printing are used exclusively for the purpose of fulfilling your printing orders. PhotoInPrint does not share, display, or use these images for any other purposes without your explicit consent, except in situations where we are required to do so by law or if the content violates our terms of service. In such cases, we may review and report the content to law enforcement authorities as necessary.
8.4. Sharing of Information
PhotoInPrint does not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.
8.5. Changes to Our Privacy Practices
If we decide to change our privacy practices, we will update this section of our User Agreement. We encourage you to periodically review this section for the latest information on our privacy practices.
9. User's Conduct and Responsibility
9.1. Acceptable Use
Users of PhotoInPrint are expected to use the service responsibly and with respect for the rights and privacy of others. This includes adhering to all applicable laws and regulations in relation to copyright, privacy, and data protection when uploading images and creating content on the platform. Users should ensure that the content they upload for printing does not infringe upon the intellectual property rights of others and is not illegal, offensive, or otherwise inappropriate.
9.2. Prohibited Conduct
Users must not engage in any activity that compromises the security of the PhotoInPrint service, including but not limited to:
- Attempting to gain unauthorized access to the PhotoInPrint system or any user accounts.
- Uploading or spreading viruses, malware, or any other malicious software.
- Conducting brute-force attacks or exploiting vulnerabilities in the service.
- Using the service to conduct illegal activities or share content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable.
- Infringing upon the intellectual property rights of others, including uploading images without having the necessary permissions or rights.
9.3. Reporting and Consequences
PhotoInPrint encourages users to report any content or behavior that violates these guidelines. We reserve the right to review and take appropriate action, which may include removing content, suspending accounts, or reporting activities to law enforcement authorities.
Users found to be repeatedly violating these guidelines may face permanent suspension from the service. PhotoInPrint also reserves the right to terminate access to the service for any user who is found to be in breach of these terms, without prior notice.
9.4. Responsibility for Content
Users are solely responsible for the content they upload and the consequences of sharing or publishing it on the PhotoInPrint platform. This responsibility includes ensuring that all content complies with this User Agreement and does not violate the rights of any third party or applicable laws.
By using PhotoInPrint, users acknowledge and agree to these conduct and responsibility guidelines, understanding that their adherence is crucial for maintaining the integrity and security of the service.
9.5. Account Security and Breach Handling
Users are responsible for maintaining the confidentiality of their account information, including usernames and passwords, and for restricting access to their devices. In the event of a suspected or actual unauthorized access or breach, users should immediately change their password, and notify PhotoInPrint. PhotoInPrint will take prompt action to secure an account upon notification of unauthorized access, emphasizing the collaborative effort required to maintain a secure online environment.
10. Termination
PhotoInPrint reserves the right to terminate or suspend access to our service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the User Agreement. Upon termination, your right to use the service will cease immediately. If you wish to terminate your account, you may simply discontinue using the service.
11. Indemnification
You agree to indemnify, defend, and hold harmless PhotoInPrint, its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney fees and costs, arising out of or in any way connected with your access to or use of the service, your violation of the User Agreement, or your violation of any rights of another. This indemnification obligation will survive the termination of your use of the service and your adherence to this User Agreement.
12. Prices, Payments processing, and Printing
12.1. Prices
PhotoInPrint strives to offer competitive prices for our printing services. All prices are listed on our website and may vary depending on the type of product, size, and quantity selected. Prices are subject to change without prior notice, but changes will not affect orders for which we have already sent you a Confirmation.
12.2. Payment Processing
We accept online payments exclusively, including credit cards and other online payment services, to streamline our purchasing process and enhance security. All payments are securely processed through our third-party payment processors. PhotoInPrint does not store your payment information on our servers. To complete your purchase, you will be redirected to our payment processor's website, where you can securely enter your payment details. Once your payment is processed successfully, you will be automatically redirected back to the PhotoInPrint website to confirm your order has been completed. This seamless integration allows us to provide a secure and efficient checkout experience for all our customers.
12.3. Third-Party Payment Collection
For enhanced security and efficiency, PhotoInPrint utilizes trusted third-party payment processors, such as Stripe, for handling all payment transactions. By using these services, you agree to their terms and conditions in addition to ours. Please review their policies and practices to ensure you agree with them before you engage in any transactions.
12.4. Financial Documents
Upon completing a purchase, PhotoInPrint will provide you with an electronic receipt (Final Details for your order) or an invoice via email. This document is important for your records as it details your order and may be necessary for returns, refunds, or for accounting purposes. Additionally, you can access the Final Details of your order online through your account.
12.5. Printing and Quality Assurance
PhotoInPrint is committed to delivering high-quality printed products. Our printing process involves careful attention to detail and multiple quality checks to ensure the final product meets our high standards as well as your expectations. Each print is produced according to the settings chosen by the user, as specified in the Final Details for the order. These settings include selections such as paper type, size, and any special instructions that impact how the image is printed. The Final Details document not only acts as a financial document but also specifies the printing settings chosen (as these directly affect the price). Additionally, it helps users keep records of what was ordered for printing.
In the event that an image is printed incorrectly and does not match the specifications outlined in the Final Details document, PhotoInPrint will reprint the item at no additional cost to the user, ensuring that the reprint adheres to the originally specified settings. This guarantee underlines our commitment to quality assurance and customer satisfaction, ensuring that every print accurately reflects the user's choices.
12.6. Estimated Printing Time
When placing a print order, customers can view an estimated time for the completion of their print job on the order page. This estimate is based on our current ability to process the print for the selected paper type. Availability plays a crucial role; if the selected paper is in stock, printing could be completed within a day. However, if the paper needs to be ordered, the printing process may take several weeks. Please note, this estimated time is provided for informational purposes only and should not be seen as a binding promise to fulfill the order within this timeframe. It is intended to give users a general idea of how long the printing might take based on current stock levels and production capabilities.
12.7. Shipping and Delivery
Following the completion of printing, PhotoInPrint utilizes Canada Post for shipping prints to customers. As we have no control over the postal service, the delivery time will vary depending on the customer's location and Canada Post's delivery capabilities to that location. Any delivery estimation provided is intended to help customers gauge the possible time frame for receiving their prints, but it is not a guarantee of delivery within that specified time.
We strive to provide accurate estimates and work closely with Canada Post to ensure timely delivery, but please be aware that external factors may affect shipping times. PhotoInPrint appreciates your understanding and patience in the delivery process.
12.8. Discounts and Promotions
PhotoInPrint values our customers and, from time to time, offers discount codes to our most valued patrons as a token of our appreciation. These discounts are provided at PhotoInPrint’s discretion and are subject to specific terms and conditions, including but not limited to, discount value, eligibility, and timeframe.
Please note that the issuance of a discount to one customer does not obligate PhotoInPrint to offer the same or similar discount to another customer. Discounts may vary from customer to customer, and the determination of discount conditions, including eligibility and the discount value, is solely at the discretion of PhotoInPrint.
Customers are encouraged to stay updated with PhotoInPrint’s promotions by subscribing to our newsletter, visiting our website regularly, or following our social media channels. When applying a discount code to your order, please refer to the specific terms and conditions attached to that discount code. Discounts cannot be combined with other offers or promotions unless explicitly stated.
13. Delivery Condition and Responsibility
13.1. Specifying Delivery Address
At PhotoInPrint, customers have the flexibility to specify both a billing address and a separate delivery address for their orders. By default, the delivery address is assumed to be the same as the billing address provided. However, customers have the option to specify a different delivery address during the order process. This feature is particularly useful for sending gifts directly to the recipient or for receiving orders at a more convenient location, such as a workplace.
13.2. Delivery to Customer's Address
PhotoInPrint ensures that your printed products are dispatched with care and are intended to arrive in excellent condition at the specified delivery address. Upon dispatch, customers will receive a confirmation email along with a tracking number to monitor their shipment's progress. It is crucial for customers to provide accurate and accessible delivery addresses. PhotoInPrint cannot be held liable for any delivery delays or failures resulting from incorrect or incomplete address information supplied by the customer.
13.3. Handling Damages or Losses
Should the printed products arrive damaged or fail to arrive at the specified delivery address, we encourage customers to contact PhotoInPrint's customer service without delay. We will look into the matter and, if necessary, arrange for a reprint and redelivery at no additional cost. Claims for damaged goods or non-delivery must be filed within a reasonable timeframe, ideally within 14 days from the anticipated delivery date.
13.4. Responsibility and Cooperation
While PhotoInPrint diligently works with our shipping partners to ensure timely and safe delivery of orders, the final delivery process falls under the shipping carrier's (Canada Post) terms and conditions. Customers are encouraged to facilitate the delivery process by being available to receive their packages or by liaising with the carrier in the event of missed delivery attempts.
By placing an order with PhotoInPrint and specifying delivery details, customers acknowledge and agree to these delivery conditions and accept responsibility for ensuring a seamless delivery process for their printed products. We value your understanding and cooperation in achieving a successful delivery experience.
14. Return Policy
At PhotoInPrint, we strive to ensure that you are completely satisfied with your photo printing orders. However, we understand that there may be occasions when you're not entirely happy with the quality of your received prints. In such cases, we offer a hassle-free return process, outlined below:
14.1. Return Period
You have 30 days from the date you receive your printed images to initiate a return if you are not satisfied with the quality.
14.2. Initiating a Return
To start the return process, please contact us via email at support@photoinprint.ca or call us at +1(587)804-4546. Prior notification is crucial, as returns without prior communication will not be accepted.
14.3. Condition of Returned Items
Returned items must be in their original condition. Ensure all prints are securely packaged to avoid damage during transit.
14.4. Complete Orders Only
We accept returns for the entire order only. Partial returns, where only select images from an order are returned, will not be accepted. This policy is in place to maintain fairness and simplicity in the refund process. Refunds will cover the total amount paid for the order, excluding partial amounts.
14.5. Return Shipping
The customer is responsible for the cost of return shipping. We advise using a trackable shipping service to guarantee the safe return of your prints.
14.6. Refund Process
Upon receiving and inspecting the condition of your returned prints, we will process your refund to the original payment method used for the purchase. Please allow 5-10 business days for the refund to appear in your account.
14.7. Option for Reprints
Should you be dissatisfied with the quality of your printed product and it does not match the specifications outlined in the Final Details document, PhotoInPrint offers the option to reprint the item at no additional cost. This is part of our commitment to ensuring that every print accurately reflects your expectations, as detailed in the "Printing and Quality Assurance" section. If you prefer a reprint over a refund, please indicate this preference when initiating the return process.
14.8. Exceptions
Returns are accepted solely for quality-related issues. Returns due to incorrect images submitted by the customer or personal preferences not related to print quality cannot be accepted.
Should you need further assistance or have questions about our return policy, please don't hesitate to contact our customer support team. At PhotoInPrint, we are dedicated to delivering high-quality photo printing services and ensuring our customers' satisfaction.
Thank you for choosing PhotoInPrint for your photo printing needs.
15. Dispute Resolution
At PhotoInPrint, we aim to satisfy our customers with high-quality prints and excellent service. However, should a dispute arise between you and PhotoInPrint, we are committed to resolving the matter in a fair and efficient manner. The following steps outline our dispute resolution process:
15.1. Step 1: Contact Us First
If you have any concerns or disputes regarding your order, our service, or any other issue related to PhotoInPrint, we encourage you to first contact our customer service team at support@photoinprint.ca or call us at +1(587)804-4546. We will make every effort to resolve the issue to your satisfaction through our internal customer service process.
15.2. Step 2: Mediation
Should the dispute not be resolved through our customer service team, both parties agree to attempt to resolve the dispute through mediation before proceeding to arbitration or litigation. Mediation is a voluntary, non-binding process where an independent third party assists both parties in reaching a mutually acceptable resolution. Each party will bear their own costs in mediation.
15.3. Step 3: Binding Arbitration
If mediation does not successfully resolve the dispute, either party may request that the dispute be resolved through binding arbitration. Arbitration shall be conducted by a single arbitrator, mutually agreed upon by both parties, and will be held in the jurisdiction where PhotoInPrint is headquartered, unless otherwise mutually agreed upon. The decision rendered by the arbitrator shall be final and binding on both parties.
15.4. Governing Law
Consistent with the "Choice of Law" provisions outlined in the Terms and Conditions of this User Agreement, any disputes arising out of or in connection with this Agreement will be governed by and construed in accordance with the laws of Calgary, Alberta, Canada. As detailed earlier, users agree that any legal proceedings related to disputes under this Agreement shall be conducted exclusively in the competent courts located in Calgary, Alberta, Canada. This ensures legal predictability and coherence in the interpretation and enforcement of this Agreement.
15.5. Limitation on Claims
Any claim or dispute you may have against PhotoInPrint must be filed within one year after such claim or dispute arose; otherwise, your claim is permanently barred. Please note that this limitation on the timing of claims is in addition to, and does not waive or modify, any other limitations of liability or warranty disclaimers set forth in this agreement.
We prefer to resolve our issues directly and amicably and encourage you to reach out to us first to seek a resolution. We value our relationship with our customers and strive to address your concerns fairly and to your satisfaction.
16. Miscellaneous
16.1. Entire Agreement
This User Agreement, including any legal notices and disclaimers contained on this website, constitutes the entire agreement between PhotoInPrint and you in relation to your use of this website and supersedes all prior agreements and understandings with respect to the same.
16.2. Severability
If any provision of this User Agreement is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
16.3. Variations of Terms
PhotoInPrint is permitted to revise these terms at any time as it sees fit, and by using this website, you are expected to review such terms on a regular basis to ensure you understand all terms and conditions governing the use of this website.
16.4. Assignment
PhotoInPrint is allowed to assign, transfer, and subcontract its rights and/or obligations under this User Agreement without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under this User Agreement.
16.5. Waiver
The failure of PhotoInPrint to enforce any right or provision of these terms will not be considered a waiver of those rights. If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect.
16.6. Headings
Headings are used in this Agreement for convenience only and shall not be considered in interpreting this Agreement.
16.7. Notification of Changes
PhotoInPrint reserves the right to make changes to this User Agreement as necessary. Updates will be communicated through the website or via email, and continued use of the service after such changes will constitute your consent to those changes.
16.8. Contact Information
If you have any questions about this User Agreement, please contact us at support@photoinprint.ca or call us at +1(587)804-4546.