Terms of Service
In these Terms and conditions we use these expressions, which have the following meanings (unless otherwise stated):
The 'Service' means the Internet Printing Service
The 'Content' means all the photos, words and other material displayed with the Service.
'We' means Winkflash, its agents and subcontractors
- Use of the Service
Before you use the Service, you are asked whether or not you agree to our current Terms and conditions. If you do not agree to our Terms and conditions you will not be permitted to use the Service.
- Use of the Service
You will not use the Service for any of the following purposes:
- any purposes whatsoever which are unlawful, which might encourage conduct constituting a criminal offence, or which might constitute or give rise to the misleading or deception of any person;
- any purposes which are abusive, threatening, harmful, vulgar or obscene or which may constitute or encourage harassment or be otherwise objectionable.
- Winkflash does not process digital images that contain nudity or adult content. Winkflash retains sole discretion in determining whether an image contains nudity or adult content.
- Any use of material that contains any contaminating or destructive codes such as viruses, worms, 'Trojan horses' or any other similar features.
- Any spamming (unsolicited junk mail), chain letters or other use that may otherwise disrupt the Service or the networks through which you access and use the Service.
- Use of any copyrighted material without the express permission of the copyright holder.
- To gain or attempt to gain unauthorized access to any servers controlled by us, or decompile, reverse engineer or disassemble any software used in connection with this Website, which for the avoidance of doubt includes any hacking.
We shall decide, at our discretion, whether your use of the Service constitutes any breach of the above restrictions.
- Use of third party websites and software
We may make software owned or operated by third-party companies available to you. You must only use this software in accordance with the terms and conditions imposed by the third-party provider.
We may provide links to third-party sites that might be of interest to you. We have no control over the content or availability of the content of these sites. It is your responsibility to become familiar with each site's privacy and other policies and terms of service, and to contact the owner of that site with any concerns. We have no control over and will accept no responsibility or liability for the material on any such sites.
Your correspondence or participation in promotions, or business dealings with advertisers (including without limitation professional photographers) found on or through the Service and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on or through the Service.
Copyright laws are put in place to prevent people from reproducing images and photographs unless they own the copyright and / or are authorized to print the images and photographs by the copyright owner. In the simplest terms, the copyright owner is the individual who created the image / took the photograph and has legal right to its processing.
You agree to adhere to the third party Terms of Service provided within the copyright vested in you. You agree not to infringe the rights of any third party by putting these images and photos on the website. You understand that we are unable to provide you with permission to print photos or images belongings to others.
If you believe that any images or prints have been copied in a way that constitutes copyright infringement, we have a process in place to respond to your concerns.
- Acceptance of orders
We accept all orders using the Service subject to these Terms and conditions. All credit and charge card orders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay in delivery or non-delivery. Payment will be debited from your account before your purchase is dispatched.
- Delivery of orders
We will endeavor, but we are under no obligation, to deliver your order within the time stated for the Service. All time periods refer to working days and do not include weekends (weekends are Saturdays and Sundays). We accept no liability for loss or damage suffered due to delivery after this time or non-delivery, whether this loss is caused by us or by a third party.
We will deliver to the address you notify to us when you place your order.
You agree that we are not responsible for a delivery if you have incorrectly supplied the consignment address. We reserve the right to dispose of incorrectly addressed envelopes and their contents if they are returned to us, without the obligation to refund you or any other person.
- Returns and refunds
When your order has been accepted, you will see a confirmation page. If you wish and are entitled to return or gain a refund on an order made through the Service, you can email us at service@Winkflash.com
- Price information
All prices displayed online are correct at the time when they are posted on the system, and prices displayed online will prevail at all times in relation to orders placed through the system.
The services offered in store are different to the Service and all promotions and prices for in-store services shall not apply to the Service.
- Print quality
You hereby acknowledge that you understand that the quality of any prints we produce is dependent upon the quality of the original print, negative, print or digital file.
Any material or software downloaded or otherwise obtained through the use of Service is used at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
We have taken every care in the preparation of the content of the Service. To the extent permitted by applicable law, we disclaim all express and implied warranties as to the accuracy of the information given in the Service and shall not be liable to any person for any loss or damage which may arise from its use.
Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content uploaded, emailed or otherwise transmitted via the Service.
We may modify or discontinue, temporarily or permanently, any part of the Service, with or without notice to you, and you confirm that we shall not be liable to you or to any third party for any modification to, or discontinuance of, any part of the Service.
Any liability we may have to you shall be limited to the reprinting of the images and any charges paid (if any).
Our exclusions of liability shall not apply to any damages arising from death or personal injury caused by our negligence or that of any of our employees or agents.
These Terms and conditions do not and shall not affect your statutory rights as a consumer.
- Credit card payment
we will take all reasonable care to keep the details of your order and credit/debit card information secure. Unless a member of our staff has been fraudulent or negligent, we will not be liable for any losses you may suffer as a result of unauthorized access by a third party to the information you transmit when you order from the Service. It is your responsibility to ensure the security of your own system password and credit/debit card details to avoid its unauthorized use.
- Intellectual property
All brand names, product and service names, titles and copyrights, and any other intellectual property rights used in the Service are the trademarks, trade names, service marks, copyrights or other intellectual property of their respective holders. Winkflash expressly reserves any intellectual property rights it may have in or relating to this Service. Winkflash gives no permission for their use by any person other than such holders, and such use may constitute an infringement of the holders' rights.
You agree to indemnify us and our associated companies, officers, agents, co-branders or other partners, and employees, from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of content you submit or transmit through the Service, your use of the Service, your connection to the Service, your violation of these Terms and conditions, or your violation of any rights of another.
- Third party liability
No person who is not a party to this agreement shall have any rights under The Contracts (Rights of Third Parties) Act 1999 to enforce or rely upon any provision herein.
- Governing law
These Terms and conditions shall be governed by Delaware law. You hereby irrevocably submit to the exclusive jurisdiction of the Delaware courts.
- Shipping Consolidation
Winkflash, at it's sole discretion, reserves the right to consolidate multiple orders from the same customer. Consolidated orders will be shipped via priority or first class mail to the customer's billing address.
Any queries or comments about the Service should be directed to us via email on service@Winkflash.com