General Terms & Conditions
Welcome to the website. This site, including all artwork is owned by iLab photo Ltd.; before using this website or setting up an account please read these Terms and Conditions carefully as they contain the legal terms that you agree to when you choose to use the services provided by us via this website. By using our services you agree to be bound by these Terms and Conditions, which contain provisions applicable to all users of our services, including casual visitors. When submitting images please be advised that If you do not meet the applicable requirements, your images may be deleted and iLab photo Ltd. shall not be responsible for any loss of your images and/or any damages that you may suffer due to the loss of such. You should only send us duplicates of the images and you should keep the originals in a secure place or location which is not our website, hardware or database. iLab Photo Ltd enjoys the right to delete images in accordance with its storage policy.
iLab photo Ltd has designed an online photo development service whereby it offers digital photography services that provide you with the ability of viewing, sharing, storing and printing digital images taken through a wide range of electronic devices and stored on our Online Database accessible through the use of an Online Database Account. Should you choose to open an Online Database Account with us you shall benefit from our full range ofservices.
You may open an Account with iLab photo Ltd by sending an email to firstname.lastname@example.org your Name, Surname, Address, Phone number, valid Email address and if applicable Company number and Vat number.
Should you choose to give us an invalid email address or one that belongs to somebody else or any other invalid information we reserve the right to terminate your account at any time without notice and we shall further not be held liable for any damages suffered by any person due to the provision of a wrong email address.
Your password shall be kept confidential at all times and iLab photo Ltd will not be held responsible for any damages suffered or that at any future time may be suffered due to any loss that may pursue from unauthorised access resulting from your failure to keep your password secure.
There is no charge for opening and maintaining an online user account with us. However, there may be charges for other products or services that you may choose to purchase through our website. You will be notified of these charges at the time you request the products or services. When an order for products or services involving payment is placed, you will need to supply iLab photo Ltd or a third party online payment gateway with your credit card and other personal details so that the order may be processed for you and your payment received. Any such orders will only be final and binding on iLab Photo Ltd once the payment is received and iLab Photo Ltd shall not have any obligation to pursue the order until such moment that we receive the payment. In the event that you supply invalid credit card details or details of a credit card that belongs to someone else, we reserve the right to cancel he order and any other order placed with us and furthermore reserve the right terminate your account at any time without notice. By accepting to open an online account with iLab Photo Ltd or by placing an order with us you permit us and our employees to process and store all the information about your person and accounts that you provide us with. You further authorise us to distribute the necessary information that you provide us with for the purpose of delivering the product/s to you and/or finalising the service required by you.
You may choose to cancel your online account held with iLab Photo Ltd by sending an email or written letter to the company requesting such. ILab photo Ltd enjoys the right to verify that the person canceling the account is the actual and true holder of the account, which is being cancelled. Your account will be closed as soon as practicable following the receipt of the necessary proof required.
In the case of cancellation of the account for whatsoever reason at law, such account shall be terminated and all user content associated with the account, including but not limited to photographs, data, username, password and bank details shall be deleted permanently. iLab Photo Ltd shall not be found responsible for the deletion of such information.
All images uploaded will be stored temporarily on our database either on our servers or on servers of third parties hosting our services. In case we offer data and image storage facilities we shall do our best efforts to make such images available for viewing at all times by yourself. Notwithstanding the above, in no way shall it be iLab Photo Ltd obligation to make the said images available online on a continuous and uninterrupted basis and we shall not be held responsible in any way whatsoever for the non-availability of the service for any periods of time whatsoever due to any reason whatsoever.
By uploading your photos to the website or by sending the photos to us you are granting us a non-exclusive, royalty-free license to use, copy, distribute, and display those images.
You are responsible for all of the images you upload, share or copy using our services. You must either own all rights, title and interest in and to the copyrights in the images or have express permission from the copyright owner to copy and use such images for all purposes related our service, and the images may not violate or infringe upon the rights (including other intellectual property rights, privacy, moral or publicity rights) of others. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources, are protected by copyright and should not be uploaded, shared or copied using our service.
It is your obligation to ensure that sharing of these photos/images with us is not violating any copyright. You are solely responsible for the content of your images and the products ordered by you.
You are not allowed to upload, email to us or order printed items which contain or use any images or other material which:
- is defamatory of any person;
- is pornographic, obscene, indecent or offensive;
- promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- is likely to incite hatred or violence against any person or group;
- is likely to deceive any person;
- is blasphemous in any way;
- concerns or relates to any criminal act;
- the use or inclusion of infringes any copyright, trademark, database or other intellectual property right of any third party;
- is made in breach of any legal duty owed to a third party, such as a contractual duty, material which promotes any illegal activity, material which is threatening, abusive or invades another privacy, causes annoyance, inconvenience or needless anxiety;
- is likely to harass, upset, embarrass, alarm or annoy any other person;
- is used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- gives the impression that it emanates from us, if this is not the case;
- advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
- breaches any applicable laws or legislation.
Although we lay down rules and prohibit the upload of certain types of images to our website, we are not in the position to verify all the content that is uploaded to our site. We make it our goal to block any offensive or unlawful material however it is possible that some of these images are accepted without knowing their content. We are not responsible for such images but if you become aware of any such image held by us we shall ensure their immediate deletion from our system.
We may at our discretion contact law enforcement authorities if we are made aware that anything unlawful is occurring or has occurred in relation to our websites including the uploading or emailing of any images in breach of the above restrictions on content. We may provide copies of any relevant images or material to the law enforcement authorities and in that connection may also give them access to any personal data that is held by us.
You will indemnify us and our officers and employees against any action, claim, damages, liability, costs and expenses arising out of:
- any use by you or your guests of our websites in breach of these terms;
- any claim that the uploading or emailing of any images by you or on your behalf is an infringement of any third party's copyright, trade mark or other intellectual property rights; or
- any claim that the processing, printing or other dealing by us of any images uploaded or emailed by you or on your behalf is an infringement of any third party's copyright, trade mark or other intellectual property rights.
How we protect your information.
We do our best to keep your information secure, but we need your help. We keep your account information on a secured server behind a firewall. When you enter sensitive information (such as credit card numbers and passwords), such information is encrypted either by us or by the third party payment gateway using the latest technology.
Returns and Refunds
All our products are sold subject to the specific terms of sale/purchase entered into and accepted by you with every specific order placed with iLab photo Ltd. Please read such terms and conditions carefully before concluding any purchase since such terms and conditions are legally binding and constitute a contractual obligation on your part.
Products and Prices
All prices quoted on our site are valid until the moment of purchase and any such quoted prices may be subject to change or variation at any moment in the future. Special offers are furthermore only valid until the day and time that iLab photo Ltd decides to terminate such offers.
Any products and/or services may be discontinued at the sole discretion of iLab photo Ltd even after receiving payment for such products. In such case we shall refund any payment received for such products. Notwithstanding the cancellation of your order for any reason whatsoever you agree not to hold iLab photo Ltd liable for any damages of whatever nature that you may suffer and any refund will be limited to the payment made by you to iLab photo Ltd. for the said product or service.
Third Party Websites
iLab Photo Ltd is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply any endorsement by us of the third party site. Some of our external links may be to websites that also offer commercial services, such as online purchases. It shall likewise be understood that iLab Photo Ltd does not endorse such sites or their products or services.
Use by minors.
Our Services are not intended for use by persons under the age of 16 and are not directed at such persons. We do not knowingly collect Personal Information from persons under the age of 16. If you are under the age of 16 please do not register with our Online Photo Development Service Website. If you become aware of any person under the age of 16 who uses our services, please contact us to report such occurrences. We will immediately delete any information of and/or any accounts that we believe to belong to users under the age of 16.
Limitations of Liability
Under no circumstances, including but not limited to negligence, shall iLab Photo Ltd and any of its affiliates be liable for any direct, indirect, special, incidental consequential, punitive or aggravated damages (including without limitations damages for loss of data, negligence or failure to monitor content of the website or any other content, loss of income or profit, loss of or damage to property and third party claims) arising out of your use or inability to use this website. Furthermore, it is agreed by you that in no event shall iLab Photo Ltd total liability to you for all damages, losses and causes of action exceed the amount paid by you, if any for using the services provided by us. By choosing to use our services you are acknowledging that you will be fully liable for all damages resulting directly or indirectly from your use of this site.
By using our service you are confirming that you understand and agree that the submission of any digital content and the download of any material from our site is done at your own risk and that you will be solely responsible for any loss or damage to your content, images or your computer system or any loss of data. You are responsible for creating back-ups of your digital content and we will not be held responsible for the deletion or loss or your content or images.
We value your opinions. If you have comments or questions about our privacy statement, please send them to email@example.com
Any agreement entered into by you and iLab photo Ltd. consequent to you use of our website and services offered by us through our website shall be governed and construed under the laws of Malta and you agree to submit yourself to the exclusive jurisdiction of the Maltese Courts.
In the event that any provision of this Terms and Conditions or the application of any provision shall be held by a court of competent jurisdiction to be contrary to law, or to be invalid or unenforceable, the remaining portions shall remain in full force and effect.
"Us," "we," "our" and "iLab Photo Ltd." all refer to Ilab Photo Ltd, a company duly incorporated under the Law of Malta and responsible for the creation, development and maintenance of this website.
Declaration by ilab Photo Ltd
We try to keep our online photo development service bug-free, and safe, but you use it at your own risk. we are providing this service "as is" without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. we do not guarantee that our service will be safe or secure. iLab Photo ltd is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. we will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this statement or our online service, even if we have been advised of the possibility of such damages. applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. in such cases, iLab Photo. ltd. liability will be limited to the fullest extent permitted by applicable law.