Terms & Conditions Terms & Conditions These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age. This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to CP Photobook use of cookies in accordance with the terms of our privacy policy. License to use website Unless otherwise stated, CP Photobook and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not: republish material from this website (including republication on another website); sell, rent or sub-license material from the website; show any material from the website in public; reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; Acceptable use You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without] express written consent. You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without CP Photobook’s express written consent. User content In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. You grant to CP Photobook a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to CP Photobook the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or CP Photobook or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. CP Photobook reserves the right to edit or remove any material submitted to this website, or stored on CP Photobook’s servers, or hosted or published upon this website. Not with standing CP Photobook’s rights under these terms and conditions in relation to user content, CP Photobook does not undertake to monitor the submission of such content to, or the publication of such content on, this website. No warranties This website is provided “as is” without any representations or warranties, express or implied. CP Photobook makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, CP Photobook does not warrant that: this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading. Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional. Limitations of liability CP Photobook will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if CP Photobook has been expressly advised of the potential loss. Exceptions Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit CP Photobook’s liability in respect of any death or personal injury caused by CP Photobook’s negligence; fraud or fraudulent misrepresentation on the part of CP Photobook; or matter which it would be illegal or unlawful for CP Photobook to exclude or limit, or to attempt or purport to exclude or limit, its liability. Reasonableness By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website. Other parties You accept that, as a limited liability entity, CP Photobook has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against CP Photobook’s officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect CP Photobook’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as CP Photobook. Unenforceable provisions If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer. Indemnity You hereby indemnify CP Photobook and undertake to keep CP Photobook indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by CP Photobook to a third party in settlement of a claim or dispute on the advice of CP Photobook’s legal advisers) incurred or suffered by CP Photobook arising out of any breach by you of any provision of these terms and conditions [or arising out of any claim that you have breached any provision of these terms and conditions]. Breaches of these terms and conditions Without prejudice to CP Photobook’s other rights under these terms and conditions, if you breach these terms and conditions in any way, CP Photobook may take such action as CP Photobook deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you. Variation CP Photobook may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version. Assignment CP Photobook may transfer, sub-contract or otherwise deal with CP Photobook’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. Severability If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. Entire agreement These terms and conditions constitute the entire agreement between you and CP Photobook in relation to your use of this website, and supersede all previous agreements in respect of your use of this website. Law and jurisdiction These terms and conditions will be governed by and construed in accordance with the laws of Malaysia, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Malaysia. Price The price of the Goods and/or Services shall be the price stated in CP Photobook at the time with which you make its purchase to CP Photobook. The prices displayed excludes delivery cost, any applicable goods and services tax, value added tax or similar tax that you shall be liable to pay to CP Photobook in addition to the price. The pricing contained in our price list is subject to change without prior notice to you. Promotions CP Photobook may offer promotion (voucher/coupon/promo code) which may apply to any, or certain specified purchases made through our website. We may send you email about promotional voucher, coupon, promo code or we may not inform you about the promotion as this is not our obligation to inform you of any upcoming promotions beyond the current or existing promotion. Each promotion shall comply with the specific terms and conditions specified at the time the promotion is issued in addition to those mentioned in these Terms. The credit of a promotional voucher or coupon does not generate interest and has no cash value. We have the right to refuse you the use of any promotion voucher/coupon/promo code once it is expired or fully redeemed. Depending on the promotion, a voucher, a coupon or a promo code may only be redeemed once for each customer or even per order. These codes may not be used in conjunction with any other discounts. If your order has less than the value of a promotional voucher, coupon or promo code, no refund or residual credit will be returned to you. If the promotional voucher, coupon, and promo code is not credited enough for the order you placed, you will need to pay for the difference. We accept no liability for errors in the email address of the voucher recipient. We are entitled to close your account and/or require a different means of payment in the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with the redemption of promotional voucher or coupon. Terms of Payment You shall be entitled to make payment for the Goods pursuant to the various payment methods set out in CP Photobook. The terms and conditions applicable to each type of payment, as contained in CP Photobook, shall be applicable to the Contract. “Contract” means the contract for the purchase and sale of Goods, howsoever formed or concluded. In addition to any additional terms contained in CP Photobook, the following terms shall also apply to the following types of payment: Credit Card: Credit Card payment is available for you. When you place an order with Credit Card on CP Photobook, the transaction is handled by iPay88. This system is certified and allows CP Photobook to accept payments such as Visa and MasterCard and all credit card numbers shall be protected by means of industry-leading encryption standards. Debit Card: Debit Card payment is available for you. When you place an order with Debit Card on CP Photobook, the transaction is handled by iPay88. This system is certified and allows CP Photobook to accept payments such as Visa and MasterCard and all debit card numbers shall be protected by means of industry-leading encryption standards. CP Photobook’s details The full name of CP Photobook is Color & Print Gallery Sdn Bhd. Color & Print Gallery Sdn Bhd is registered in Malaysia under the registration number 2001004633. You can contact CP Photobook via email at info@cpphotobook.com These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
