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Terms and Conditions

(This is by no means fine print, please adhere to the conditions stipulated hereof)

Our conditions are specific to Photography however the General Terms and Conditions and the Terms and Conditions of the Sale also control Photography Contracts, which is imperative and must be read.
Exceptions / variations to our Terms and Conditions may only be effective once posted on our Web Site or where specifically accepted and agreed by us in writing.

In the event that the terms and conditions of this section conflict with the Terms and Conditions of Sale, these terms will prevail in relation to the ordering and purchase of photographs.

 

Photography Collection Process

  1. ORDERS WITH OUSTANDING BALANCES, will NOT BE PRINTED unless fully paid. The average waiting period after PAYMENT IS RECEIVED will be 45 working days from the date of payment.
  2. Ensure that the proof of payment (for all oustanding balances), together with the original invoice is mailed to: gradinfo@imagefactor.co.za or faxed to: 0861 666602 / 2731 332 0663.
  3. In the event, that this invoice /proof of payment is misplaced, postive identification (persons whose name appears on the invoice) will be required. (NO EXCEPTIONS).
  4. Photographs will not be released to PARENTS / THIRD PARTIES / without an invoice, including a written release note from the graduate (University Policy).
  5. All prices quoted is valid for ONE YEAR from the date of the graduation, and subjetc to change without notice.

Studio Collection / Postage / Courier

1. Studio Collection (Durban / Cape Town / Port Eliabeth): You will need to present the original invoice or the saved image of the invoice from your phone to our studio staff ON THE DUE DATE. (you will receive a sms notification). Refer to invoice for all other information details.
 

2. Local Postage (Registered Mail):  Allow 5 days AFTER THE ORDER DUE DATE before going to your local post office (a tracking number will be sent to your mobile phone / email).

Refer to invoice for all other information details.
 

3. International Postage :  Allow 10 days AFTER THE ORDER DUE DATE before going to your local post office (a tracking number will be sent to your mobile phone / email).

Refer to invoice for all other information details.

4. Courier (Door to Door): Expect a door to door delivery within 48 hours AFTER THE ORDER DUE DATE. (our courier will call you, please ensure you are around to receive same).

Refer to invoice for all other information details.

Postage Notice

All postages are registered mail. Allow 45 working days before collecting from your local Post Office.
Our Studio Staff will supply you with your respective tracking number to claim your photographic package from the Post Office (by means of email or SMS). The Studio regrets: WE DO NOT OFFER A DELIVERY SERVICE.

Contracts

Photography Contracts are formed in accordance with the timing and procedure set out in the General Terms and Conditions. All posed photographs with The Image Factor (PTY) LTD form copyright to the Firm. Your photographs will be used for media, brochure, website and marketing publication for the advancement of advertising The Image Factor (PTY) LTD Graduation photography service to the general public and other academic institutions.
ONCE YOU HAVE COMPLETED AN ORDER FORM AND AN INVOICE IS ENTERED INTO, THEN THIS BECOMES A CONTRACTUAL OBLIGATION, AND THE LISTED TERMS AND CONDITIONS WILL APPLY.

Copyright

In this contract between The Image Factor (PTY) LTD and you the graduate, we retain full, unlimited, worldwide copyright and other intellectual property rights in all Photographs Captured / purchased from our company and we do not supply negatives / digital negatives .

The Image Factor (PTY) LTD does not / will not supply Digital / Electronic or Physical proofs (contact sheets) of any graduation images. We regret, no exceptions in this regard.

The Photographs are solely for personal display purposes and may not be copied, published, reproduced or stored on any electronic retrieval system without the express written permission of The Image Factor (PTY) LTD.

All Photographs will be supplied on photographic paper or on CD as ordered. CD’s may be purchased from: The Image Factor (PTY) LTD. We regret we do not save / store images to flash discs or any other media supplied by the Graduate.

This a serious virus threat to our systems and if ignored could seriously affect / wipe out image data from our photographic servers.

Anyone taking part in a social photograph at a ceremony does so voluntarily and on the basis that they consent to the fact that it may be displayed and made generally available for sale on this Web Site (and any successor to this web site) and in other The Image Factor (PTY) LTD publications and used for promotional purposes. This consent may not be withdrawn.

Privacy / Security Policy

It is the policy of The Image Factor (Pty) Ltd to respect your privacy at all times. The names and addresses and any other contact details that you provide us with, will be used only for the purposes of mailing your photographs to you and contacting you in relation to your graduation photographs. We will not pass on to any third party your contact details.

Any credit card information that you provide us with through this website / order form is transferred in an encrypted format to the bank and is not stored on this website. Any details that you provide are in a high security area of the website /order form and are transferred with secure encryption.

Electronic Images

All images may be purchased as electronic images. The images purchased, will be mailed to the respective email address provided on the order form. Images are only mailed after the Graduate has viewed the physical original enlargement. We regret, electronic images are solely for purposes of reprints. The costs of such images will be listed on your Institutions Graduation order form.

Online Store and Legal Disclaimer

Please read this agreement entirely and carefully before accessing this web site. By accessing the site, you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you may not access or use this site. Please be reminded that the tick to our Terms and Conditons, before the “check out process” on the online store, acknowledges the fact that you are in agreement to the contents listed herein by the owners of the site / THE IMAGE FACTOR (PTY) LTD.

Accessibility
We try to make every effort to ensure that the information available on our web site is accessible to all. If you use special adaptive equipment to access the Web and encounter problems when using our site, please let us know. Write to us at the address contained within our Contact page and we will provide the information to you in an alternate format. It would be helpful if you can be as specific as possible when describing the information you seek. If you prefer to call, visit our contact page for the up to date telephone numbers.

Privacy
Whilst the owners of this web site do not collect any customer or user information we do use ‘Cookies’ in order to collect statistical information on visitors to our website. A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer’s hard disk so that the website can remember who you are. A cookie will typically contain the name of the domain from which the cookie has come, the “lifetime” of the cookie, and a value, usually a randomly generated unique number. Using this technology does not mean that we automatically know any information about you. A cookie can’t read data off your hard disk or read cookie files created by other sites. Most Web browsers automatically accept cookies, but you can usually change your browser to prevent that. Please consult the help files of your browser to find out more about this option.

Accuracy
Every effort is made to provide information that is accurate. However, information contained in this web site are subject to change at any time by the site owner / THE IMAGE FACTOR (PTY) LTD or the Publisher. In the event of a website malfunction, due to unforseen circumstances, THE IMAGE FACTOR (PTY) LTD reserves the right not to accept any of the transactions which may have been processed during the said malfunction period. All amounts paid via PAYFAST / THE PAYMENT PORTAL will be refunded after 30 Working Days or UNTIL such amounts reflect in the bank account of the site owner / THE IMAGE FACTOR (PTY) LTD. Copyright in this web site rests with the site owner unless otherwise indicated.

E&OE

No Warranties
This web site is provided on an “as is,” “as available” basis without warranties of any kind, express or implied, including, but not limited to, those of TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE or NON-INFRINGEMENT or any warranty arising from a course of dealing, usage, or trade practice. No oral advice or written information provided shall create a warranty; nor shall members or visitors to the site rely on any such information or advice.

Disclaimer of Liability
The user assumes all responsibility and risk for the use of this web site and the Internet generally. Under no circumstances, including negligence, shall anyone involved in creating or maintaining this web site be liable for any DIRECT, INDIRECT, INCIDENTAL, SPECIAL or CONSEQUENTIAL DAMAGES, or LOST PROFITS that result from the use or inability to use the web site and/or any other web sites which are linked to this site. Nor shall they be liable for any such damages including, but not limited to, reliance by a member or visitor on any information obtained via the web site; or that result from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or any failure of performance, communications failure, theft, destruction or unauthorized access. Countries which do not allow some or all of the above limitations of liability, liability shall be limited to the greatest extent allowed by law.

Online Conduct
Visitors agree to use the web site only for lawful purposes and are prohibited from posting on the web site any unlawful, harmful, threatening, abusive, harassing, defamatory or obscene material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, county, national or international law.

Third Party Content. (if applicable)
We are DISTRIBUTORS (NOT PUBLISHERS) of the content supplied by visitors and other third parties. Accordingly, we have no more editorial control over this content than does a public library. Any opinions, advice, statements, services, offers or other information or content made available by members, visitors and other third parties are those of the respective author(s) and we are not responsible for any material posted by third parties. We cannot and do not endorse it in any way, nor do they vouch for its accuracy or usefulness. Furthermore, we expressly disclaims any liability associated with material posted by third parties.

Disclaimer of Endorsement
Reference to any products, services, hypertext link to the third parties or other information by trade name, trademark, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by us. Nor is an endorsement of us implied by such links. They are for convenience only, as an index in a public library.

Information Subject to Change
Any information on this web site may include technical inaccuracies or typographical errors. Furthermore, the information may change from time to time without any notice.

THESE LEGAL NOTICES ARE SUBJECT TO CHANGE WITHOUT NOTICE