Terms and Conditions
- Our website provide access to a number of services provided by us that may only be used in accordance with these terms. The services include, but are not necessarily limited to:
- the ability to upload digital images to our website or to email digital images to us so that we can upload them to our website on your behalf;
- the ability to order prints of digital images that have been uploaded to our website;
- the ability to order other items on which we can print images that have been uploaded to our website; and
- the ability to order other products or services through our website
- Only persons aged 18 years or over may access our website and use the services offered by us.
- The voucher must be used before expiry. If the voucher was paid for, it expires 3 years from date of purchase. If the gift voucher is part of a promotion or prize, the expiry date will be otherwise specified and may be less than 36 months.
- Only one voucher may be used per purchase.
- You may use a voucher to pay for goods purchased/ordered online with Kodak Express/Photo & Beyond.
- If voucher amount is exceeded on purchase, the difference is payable by you using Kodak Express/Photo & Beyond's on-line payment method using credit card or EFT.
- If the order or payment is less than the value of the voucher, a new voucher will be issued to you via e-mail for the difference.
- You may not use vouchers that have been obtained illegally (via theft) for purchases.
The voucher must be treated as cash and is used entirely at your own risk.
- Promotion codes will not reduce the value of vouchers.
- You are responsible for the safekeeping and proper use of your voucher. We may call you from time to time to confirm certain transactions with you.
- As a voucher is payable up-front, it cannot be cancelled or refunded once issued.
- We are not responsible for any loss arising from any failure, malfunction or delay in any electronic device, including, but not limited to any component of the Kodak Express/Photo & Beyond/PayFast payment system, or our supporting or shared networks, where applicable, resulting from circumstances beyond our reasonable control.
- You should send any legal notice to us at our chosen address: PO Box 11196, Johannesburg, 2000.
- You acknowledge and agree that our agreement will be regarded as having been entered into in South Africa and any breach of this agreement will be considered as having taken place in South Africa.
- Any correspondence that we send to your cell phone number or email address will be considered to have arrived within one day of date sent.
- By purchasing this voucher you accept and agree to be bound by these rules. You may not vary these rules. South African Law governs these rules.
- In the event where payment for voucher defaults, cost of recovering monies owed will be payable by you.
- If in any way, we know or suspect that your voucher is being used fraudulently, negligently or for illegal activities, we will restrict activity on your voucher or suspend access to your voucher or if we must do so to comply with the law, without notice to you. If we suspend access to your voucher for any reason, we will not be liable to you for any direct, indirect, consequences as a result.
- We assume no liability whatsoever for any direct or indirect loss, damage of whatsoever nature arising from your use of a voucher or howsoever arising.
- Vouchers cannot be used in conjunction with any other discounts, special offers or professional discounts.
Promotional Codes / Vouchers
- Promotional codes/vouchers are valid for time of on-going promotion only.
- Discounts will not be entertained if expiry date has been exceeded.
- Promotion codes will not reduce the value of vouchers.
- Only 1 code may be used per shopping cart. Codes will at no time be merged.
- Additional Terms and Conditions supplied with promo codes apply.
- When placing an order using a promo code, files and payment need to be submitted before the expiration date of the promotion.
- Orders must checked out before expiration date of the promotion.
- Discounts are only valid for online orders.
- Promo codes may not be applied after the shopping cart has been checked out.
Royalty Points™ Loyalty Programme
As a Kodak Express/Photo & Beyond member you automatically qualify for Royalty Points™ .This is our rewards system aimed at rewarding regular users of Kodak Express/Photo & Beyond, by giving you points every time you perform a selected function. By collecting Royalty Points™ through your regular orders, updating your details etc. you are able to accumulate points which in turn can be used to pay for your shopping cart, rather than using money.
10 Royalty Points™ = ZAR 1
- NB: The Royalty Points™ programme has been placed on hold with the launch of our new website in March 2015.
- Credit will be given to customers, at Kodak Express/Photo & Beyond's discretion, for Royalty Points™ that have not been redeemed on the old website.
- Subject to these terms you may open an account with Kodak Express/Photo & Beyond by completing the Registration Form. Once your registration has been accepted (and until your account is terminated) you will be able to upload images to our website, email images to us for uploading to our website on your behalf and (subject to agreeing any additional terms which are applicable) request services to be supplied by us (such as the printing of uploaded images).
- During the registration process you will be asked to supply your email address. This will help us to verify your identity on future visits. Should you register using an invalid email address or an email address that belongs to someone else, Kodak Express/Photo & Beyond may terminate your account at any time without notice.
- Each registration is for a single user only.
- You will also need to provide a password in order to access your account and the photos which have been uploaded to it. We do not permit you to share your password with any other person. You must keep your password secure at all times. You will be responsible for any damage or losses caused by unauthorised access resulting from your failure to keep your password secure.
- There is no charge for opening a Kodak Express/Photo & Beyond account, however there may be charges for other products or services supplied by us. You will be notified of these charges at the time you request the products or services. When you place an order for products or services, for which there is a charge, you will need to supply us with your credit card and other personal details so that we may process the order for you. Any charges for the products or services requested will be billed to your credit card once the order has been accepted by us. A tax invoice will be supplied only on request.
- 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 terminate your account at any time without notice.
- You may upload digital images to our website yourself or you can send the images to us by email for uploading to our website. In either event images uploaded to our website must be digital images in JPEG format.
- Images uploaded by you or by us on your behalf will (subject to the restrictions in these terms) be available for viewing by you in a photo album accessible through your account using your email address and password.
- You can share your albums and images with family and friends by allowing them to have access to your albums and images (your "guests"). You can do this either by:
- using our website to allow your albums to be accessed by any member of the public; or
- using our website to allow your albums to be accessed by guests who you have nominated by inputting their email addresses.
- By sharing albums or photo creations you warrant that you have obtained all the necessary third party consents to permit you do so and further that the sharing of same does not infringe the rights of any third party.
- Guests are permitted to buy printed items, submit comments and notify offensive material in respect of those photos which you have given them access to. We will not be responsible for any action taken by your guests who have been given access by you to your albums and images.
- You should not nominate any guests if you do not wish to allow them to order printed items which use the images in your photo album.
- You may delete images uploaded to our website by you or by us on your behalf at any time.
You may NOT
- You are not allowed to use our website (or to copy or use any material from our website) for any commercial purpose other than to conduct a commercial transaction with Kodak Express/Photo & Beyond. This includes allowing access to your photo album in return for payment or for any other commercial purpose.
- You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material on our website from any copies or printed items taken of material from our website.
- You are not permitted to register multiple accounts for use by the same person unless specifically authorised by us in writing. Breach of this clause may result in immediate suspension of your service.
- You are not allowed to upload, email to us or order printed items which contain or use any images or other material including text based annotations and comments, which contain any of the following:
- material which is defamatory of any person;
- material which is pornographic, obscene, indecent or offensive;
- material which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- material that is likely to incite hatred or violence against any person or group;
- material that is likely to deceive any person;
- blasphemous material;
- material which concerns or relates to any criminal act;
- material the use or inclusion of which infringes any copyright, trademark, database or other intellectual property right of any third party;
- material made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; material which promotes any illegal activity;
- material which is threatening, abusive or invades another’s privacy, causes annoyance, inconvenience or needless anxiety;
- material which is likely to harass, upset, embarrass, alarm or annoy any other person;
- material used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- material which gives the impression that it emanates from us, if this is not the case;
- material that advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
- material that breaches any applicable laws or legislation.
Our website content
- Although we prohibit the uploading of certain types of image to our website, we cannot control, nor do we monitor the use of our website. It is possible that images or other material may appear on our website which are unlawful or offensive and contravene our restrictions on content set out above. We are not responsible for such images or material but if you become aware of any such images or material on our website please contact us without delay.
- 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 website 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.
- We may without notice and at our sole discretion delete or remove any image that has been uploaded, emailed or submitted for printing in breach of these terms.
- 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 website 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.
- We may change the format and content of our website (or any products or services offered by our website) at any time.
- We may terminate or suspend the operation of our website (or terminate or suspend provision of any products or services offered through our website) for support or maintenance work, in order to update the content or for any other reason. We may do this at any time and without notice.
- You are advised to keep back ups of all material provided to us. In particular, it is up to you to keep backup copies of images uploaded by you or emailed to us. We will not be responsible for keeping backups or for the loss of, deletion or corruption of any images or any other material uploaded onto our website.
- Specials may vary according to Kodak Express/Photo & Beyond and will only be available for a limited time.
- We will periodically send newsletter to your email address supplied unless previously specified that you do not wish to receive promotional email.
- Courier services are supplied at a rate NOT determined by Kodak Express/Photo & Beyond. We may offer FREE collection or distribution to certain centres in South Africa.
- Once you have placed an order for any products or services through our website (including any order for printing services), the order will not be treated as having been accepted until you receive confirmation from us that this is the case. This confirmation may be provided by email or post.
- The decision as to whether to accept any order from you is at our sole discretion.
- In the event that printed items are produced and prior to dispatch are then discovered to be in breach of these terms, we will not dispatch the printed items to you or to any guest who ordered the printed items. We may, at our sole discretion, refund all or a proportion of the payment made in respect of the order concerned but reserve the right to charge in full as if the printed items had been dispatched.
- The Kodak Express/Photo & Beyond logo, bearing the text "Produced by Kodak Express/Photo & Beyond" as well as a barcode identifying the order number may appear on our photo products (product type dependant)
- To maintain continuity of service we reserve the right to use alternative photographic paper products in the production of printed items, to those stated on our website.
- Free printed items may be offered from time to time as part of a promotion or competition. Free printed items can only be claimed as part of an online order through our website. Postage and packing charges may still apply and will need to be paid by credit or debit card or from your account, unless otherwise stated.
- Offer codes may be published from time to time as part of a promotion. Offer codes may provide a number of free printed items or a discount on part of an order. Offer codes can only be used for online orders placed through our website. A maximum of one offer code can be specified per order. Unless otherwise specified, postage and packing charges may still apply to orders subject to an offer code. Further conditions may apply and if applicable will be published with the relevant offer code.
- We will use our reasonable endeavours to reply promptly to all correspondence. Such reply may be by email or by post.
- Free delivery will be offered for orders above a certain amount.
- Delivery will be made by one of the following methods: courier to your door, or post your nearest post office, at our discretion depending on the options available to us at the time.
- Timeous delivery and the quoted price are subject to accurate delivery information being provided when ordering. Failure to provide accurate delivery information will result in delays and could incur additional costs.
- Collection is also available at certain centres.
- Please refer to the current competition's closing date. Entries must be received by midnight on said date unless otherwise specified. Any photos submitted after this time will not be considered for entry.
- No purchase of any sort is necessary to enter the promotion
- Only five entries per person will be accepted for the photo competitions. For other competitions only one entry per person unless otherwise specified.
- Only one photo per entry, your photos must be in JPEG format with maximum size of 5MB
- All submitted images should focus on the specified theme and must be taken in color or black & white using a digital format.
- Only one entry per person may be chosen as a finalist.
- Only one vote per person (on the website or on Facebook).
- Only profiles of real people will be considered as valid entries/votes.
- Any attempts to defeat the voting/referral/entry restriction will result in disqualification.
- The discretion of the judges and administrators is final and no correspondence about the decisions will be entered into.
- Any use of referral networks and voting syndicates will result in disqualification.
- The eligibility of any entrant is at the sole discretion of the promoter. Employees, families or agents of the promoter and/or any of its associated companies are not eligible to enter the promotion
- The Winner will be selected by a panel of judges consisting of at least a professional photographer, a graphic designer and other industry experts. Public voting via the voting mechanism on the Kodak Express/Photo & Beyond website and 'likes' on Facebook will also be taken into account, but the final decision rests with the panel of judges. The winner will be contacted by email and the winning photo will be featured on the Kodak Express/Photo & Beyond website
- By entering the promotion, all entrants are deemed to accept these terms & conditions
- The promoter may, at its sole discretion, withdraw or change the dates of entry into the promotion and/or the dates on which the promotion will be promoted
- Images submitted may be used by Kodak Express/Photo & Beyond solely to promote the competition and may be used within a five year period
- These terms & conditions are governed by and performed in accordance with the laws of South Africa, whose courts shall be the courts of exclusive jurisdiction
- All correspondence will be made through the email address and phone number provided at the time of entry
- We will not tolerate or accept derogatory or obscene photographs
- You must own all copyright to all photos you submit to this competition
- An entrant may only win a prize in the competition once in a three month period
- You may not enter for both categories. If photos have been submitted under both categories, all images will be judged within the professional category
- Photos will be judges on the following criteria:
1. Required Elements (Does the image portray the theme of the competition correctly?)
2. Caption (Is the caption creative and does it suit the image?)
4. Lighting (Illumination of the subject)
5. Subject (Was the subject used to deliver a message in a creative way?)
7. Impact & Creativity
- All standard Kodak Express/Photo & Beyond terms & conditions apply
- Kodak Express/Photo & Beyond reserves the right to alter any of these elements with an equivalent substitute
- Vouchers, if issued, are valid 3 months from date issued. No extension is available
- No prize is redeemable for cash or exchange
- The prize cannot be used in conjunction with any other discounts or special offers
- The first prize winner will be contacted by Kodak Express/Photo & Beyond via the email address used to enter the promotion with the information required to claim the prize
Cancelation of accounts
- You may cancel your account by contacting us by email. You may be asked to provide further proof that you are the holder of the account. Your account will be cancelled as soon as reasonably practicable following receipt of your email.
- We may cancel your account without notice at our sole discretion.
- Once your account is cancelled, your photo album will be removed from our website and your password will no longer enable access to the password protected areas of our website.