PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING THIS WEB SITE YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS STATED BELOW, PLEASE DO NOT ACCESS OR USE THIS WEB SITE. For the purpose of this document: “The Customer” shall mean any person, company or entity using or ordering through the Minuteman Press Photobooks website, software, product offerings and “My” and “We” shall mean Minuteman Press, the Company managing, developing and offering the service, its employees, directors and shareholders. 1. Acceptance of orders All orders are accepted according to these terms and conditions. By using the Minuteman Press software or website you accept these terms and conditions. After processing an order, the uploaded file is kept on the Minuteman Press server for a period of about 1 month. This is done in case there is a need to check a file in respect of any quality related issues. 2. Copyright and content All material and software belong to Minuteman Press. All rights are reserved worldwide. It is strictly prohibited to redistribute, copy or republish any of the material and software contained on the Minuteman Press Photobook web site. Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos. The same policy is applicable for copyrights. The Customer cannot use unlicensed copyrighted materials from photographers, artists, publishers, composers, writers, or any other authors of original works. The copyright owner’s exclusive rights prohibit the reproduction of any original work. The Customer is responsible for the content of the product/s that they submit to Minuteman Press for printing. Minuteman Press does not accept any liability for the copyright of the photos, graphics, logos and other content used in the products offered and ordered. The Customer must ensure that they are not breeching any copyright, patent, trademark or any other law before uploading a product to the Minuteman Press Photobook website. The Customer is responsible for all possible consequences of unlawful use of protected data. The Customer must also ensure that the material submitted complies with all legal requirements relating to obscenity, libel or any other matter. The Customer is subject to the legal provisions of South Africa and any other relevant country. These terms and conditions shall be governed by and construed in accordance with the laws of South Africa. Any disputes arising under or in connection with these terms shall be subject to the non-exclusive jurisdiction of a court in South Africa. Recognizing the global nature of the Internet, The Customer agrees to comply with all local rules regarding online conduct and acceptable content. The Customer further agrees to not use the service to send, upload, post or otherwise transmit any content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of South Africa, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of South Africa; (iv) any defamatory remarks directed at any other person or company; or (v) any content that infringes the intellectual property rights or other proprietary rights of Minuteman Press or any third party. Minuteman Press does not control the content posted by The Customer and does not guarantee the accuracy, integrity or quality of the content. Under no circumstances will Minuteman Press be liable to The Customer in any way for any content that The Customer may be exposed to or that The Customer may find offensive, indecent or objectionable. Products and services are provided for The Customer’s personal use only. The Customer agrees to abide by these terms of service and not to use these products and services or related messages for any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. The Customer acknowledges that Minuteman Press does not pre-screen content, but that Minuteman Press and its employees shall have the right (but not the obligation) in their sole discretion to remove any content that violates these Terms and Conditions or may otherwise be objectionable. The Customer further acknowledges and agrees that Minuteman Press may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that the content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Minuteman Press, its users and the public. 3. Use of the Software The software may only be used to compose and order a photo product offered on the Minuteman Press Photobook website. The Customer or any representative of The Customer is forbidden to decompile the software, undertake, cause, permit or authorise the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software. Such action will be deemed criminal and offenders will be prosecuted using the full extent of the law. 4. Liability Subject to the provisions of section 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by any other South African legislation, we limit our liability as set out in the following paragraphs. Minuteman Press can in no way be held responsible for damage or loss to, or of the uploaded files or to non-delivery of any product due to incorrect information given or failure by the couriers to locate and deliver the product to The Customer. Minuteman Press is not responsible for 3rd party shipping errors, omissions or damaged shipments. Minuteman Press will not be held responsible for any low-resolution images that result in poor print quality, spelling, grammar or text errors, page layout, format, colour or style mistakes made during the design of your book. Minuteman Press does not proof, edit or change the content of The Customer’s submission in any way. It is The Customer’s responsibility to check and edit the submission before it goes to print. Minuteman Press takes no responsibility for colours represented by swatch blocks and descriptions on the website as they are meant as guidelines only. Due to the printing processes used to produce the products, there may be small colour variations between copies of the same product, or between different products with the same image. The acceptability of the extent of the colour variation will be at the discretion of Minuteman Press. Minuteman Press shall not be required to produce any matter which in their opinion is illegal or defamatory or obscene and we retain the right to refuse orders. The Customer indemnifies Minuteman Press against any claims, costs and expenses arising out of infringement of copyright, trademark, patent or design. Minuteman Press gives no warranty, express or implied, concerning the suitability of the goods supplied for any purpose whatsoever nor shall Minuteman Press be liable for any direct, indirect, consequential or other loss including loss to third parties arising out of errors in carrying out an order placed or by delay in delivery, or by the suitability of goods for use as intended. The Customer agrees to indemnify and hold Minuteman Press, and its subsidiaries, affiliates, officers, agents, co-branders, print vendors, business partners, employees, successors or assigns harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of content The Customer submits, posts to or transmits through the use of the Minuteman Press Photobooks service, The Customer’s use of the Service, The Customer’s connection to the Service, The Customer’s violation of the Terms and Conditions, or The Customer’s violation of the rights of a third party. 5. Operation of the Minuteman Press Photobook website. We reserve the right to add, delete, suspend or modify any products and services offered on the Minuteman Press Photobook website at any time and for any duration. We may terminate or suspend the website for any reason and for any duration at any time without prior notification to any user or Customer. It is the responsibility of The Customer to ensure that adequate back-ups of all material submitted to the website is kept in possession of The Customer. 6. Confirmation of Orders Orders placed online constitute The Customer’s offer to purchase subject to these Terms and Conditions. The order is deemed to have been accepted by Minuteman Press when The Customer receives our confirmation of the order. Failure by us to formally confirm or notify acceptance shall not affect the validity of a sale, or the enforceability thereof. 7. Cancellation of an Order If an order has to be cancelled, The Customer must contact the Minuteman shop through which the order was placed. See Contact Us for the relevant details. Please note that if production has already started on the order, Minuteman Press reserves the right to charge The Customer the full purchase price. If The Customer cancels a payment after having placed an order, The Customer will nevertheless still be liable for the full purchase price plus all costs incurred in recovering the debt. Minuteman Press reserves the right to cancel an order if any of the Terms and Conditions are breached. 8. Delivery All orders are normally delivered within five to ten working days after the payment of an order has been received. Delays in the delivery time can under no circumstances be used to cancel an order or to claim any compensation. Any order is subject to cancellation or variation by reason of Force Majeure from any cause whatsoever beyond Minuteman Press’ control including inter alia: inability to secure labour, materials, power or supplies, or by reason of an Act of God, war, civil disturbance, riot, state of emergency, strikes, lockout or other labour disputes, fire, flood, drought or legislation. Delivery is limited to South Africa. 9. Returns In order to make a complaint about products ordered from the Minuteman Press Photobook web site, a written complaint (email acceptable) must be received by the Minuteman Press store where the order was placed, within seven days of receipt of the ordered product. The defective product must be returned (at The Customer’s own expense) within 14 days of receipt of the product to be considered viable for a refund. See the Contact Us section of this website for the appropriate contact details. We will assess the condition of the item(s), and at our sole discretion decide to either repair or replace the defective product(s). Minuteman Press is not responsible for customer generated mistakes, errors or defects including spelling, typographical or grammar errors, poor image quality derived from low-resolution images, order quantity or other ordering errors. Please be sure to preview the submission carefully before placing the order. Images and text will be printed as they appear in the Preview. We do not proof-read for, or correct, any Customer generated mistakes. 10. Privacy and Security We will take all reasonable steps to protect the personal information of The Customer. “Personal Information” is defined as detailed in the Promotion of Access to Information Act 2 of 2000. We will take all reasonable steps to secure the website and the information provided by The Customer from unauthorized access and disclosure. Minuteman Press will never sell, trade, or otherwise transfer to outside parties your personally identifiable information. 11. Disclosure Required by Section 43 of the ECT Act 1. Name and legal status of the supplier: Add x Trading 759 cc, trading as Minuteman Press Hyde Park 2. Physical address and contact number: 40 Bompas Road, Dunkeld, Gauteng, South Africa. Tel: 011 880 7292 Website: hyde-park.minutemanpress.co.za Email address: hydepark@minutemanpress.com 4. Physical address for receipt of legal service of documents: As above 12. VAT All our prices are vat inclusive