Terms & Conditions

WELCOME TO JAMPHOTO
Please read these terms & conditions carefully. By accessing this website you agree to be bound by the terms & conditions as stated below. If you do not agree to the terms & conditions stated below, please do not access or use the Jamphoto website.

FOR THE PURPOSE OF THIS DOCUMENT:
“The Client” shall mean any person, company or entity using or ordering through the Jamphoto website, any Jamphoto Software and / or product offerings. “Jamphoto” shall mean Jam Photo (Pvt) Ltd, the Company managing, developing and offering the service, its employees, directors and shareholders.

ACCEPTANCE OF ORDERS
All orders are accepted according to these terms and conditions. By using the Jamphoto software or website you accept these terms and conditions. After processing an order, the uploaded file is kept on the Jamphoto server for a period of Three (3) months.

COPYRIGHT AND CONTENT
All materials and software belong to Jamphoto (Jam Photo Pvt Ltd). All rights are reserved worldwide. It is strictly prohibited to redistribute copy or republish any of the material and software contained on the Jamphoto website. Words, names, and designs used to identify services or products are considered trademark, service marks, and/or logos. Clients are responsible for the content of their product/s that they submit on Jamphoto for printing. Jamphoto does not accept any liability for the copyright of the photos, graphics, logos and other content used in the products offered and ordered.
The Client must ensure that they are not breeching any copyright, patent, trademark or any other law before uploading a product to Jamphoto. The Client is responsible for all possible consequences of unlawful use of all such protected intellectual property. The Client must also ensure that the content of the product submitted complies with all legal requirements relating to obscenity, libel or any other matter. The Client will be subject to the legal provisions of Sri Lanka and any other relevant country. These terms and conditions shall be governed by and construed in accordance with the laws of Sri Lanka.
Any disputes arising from or in connection with these terms shall be subject to the non-exclusive jurisdiction of a court in Sri Lanka. The Client acknowledges that Jamphoto does not pre-screen content, but that Jamphoto and its designees shall have the right (but not the obligation) at their sole discretion to remove any content that violates the terms of service or may otherwise be objectionable. The Client further acknowledges and agrees that Jamphoto may preserve content and may also disclose content if required to do so by law or in the good faith that such 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 Jamphoto, its users and the public.

USE OF THE SOFTWARE
The Jamphoto software may only be used to compose and order a photo product offered by Jamphoto. The Client or any representative of The Client is forbidden to decompile the software, undertake, cause, permit or authorize 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 to the full extent of the law as applicable in Sri Lanka.

DELIVERY TIME
All orders are normally delivered within seven (7) 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 Jamphoto’s 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. In regards to delivery time, not all products have the same delivery time. Please ensure that orders with different delivery times are ordered separately.
PERMISSION
You may access any part of the website provided that it is not password protected. Access to some sections of our website are only available if you have a valid username and password. You may not access these areas without a valid username and password.

OPERATION OF THE JAMPHOTO WEBSITE
We may change the format and content of our website (or any products or services offered by our website) at any time. We may suspend the operation of our website (or terminate or suspend 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 with prior notice to the registered members. You are advised to keep backups of all material provided to us.

DATA PROTECTION
Personal data provided to us through our websites will only be used in accordance with our Privacy Policy. Please read through this carefully before proceeding. By providing your personal data to us you are consenting to its use in accordance with our Privacy Policy.

OUR GUARANTEE
Jamphoto is committed to client satisfaction and stands behind the quality of every product we ship with a 100% Guarantee against any actual defects in manufacturing or workmanship. However, we cannot accept responsibility for client-created errors beyond our control, such as mistakes in typing, grammar, design, image resolution, image quality or errors in user-selected options like product type, size, and printing and paper options. Please preview your project carefully and fix any errors prior to ordering.

OUR RETURNS POLICY
If you are unhappy with the quality of your merchandise, please contact us within 14 days to discuss your concern with one of our customer care representatives. Jamphoto will provide a replacement of merchandise, due to a manufacturing defect that was caused by Jamphoto. You are required to return the defective product with the original tax invoice for our inspection prior to any replacement being processed. Because these are custom products created by you, Jamphoto is not able to provide refunds or replacement of merchandise with user-generated defects such as typos, misspellings, design or layout errors, poor image quality, low image resolution, mistakes in selecting product size, product type, paper selection, or printing options or failure to remember or use coupons.

CLIENT INITIATED PRODUCT DAMAGE:
Jamphoto also does not provide refunds or replacement for damage to products caused by normal wear-and-tear, unusual handling, or usage, or treatment.

PRINT COLOUR VARIATIONS:
Please be aware that although Jamphoto uses sophisticated digital presses and colour calibration techniques, slight colour variations may occur book-to-book or from the colours of your computer screen. These slight colour variations are normal and will not be refunded.

INDEMNIFICATION
As a Jamphoto client, you agree to defend, indemnify and hold harmless Jamphoto, our officers, directors, employees, licensors, agents, suppliers and any third-party information providers to the Service from and against all damages, losses, expenses and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions or any activity or event related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account.

CLAIMS
Any and all action here under must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties hereby agree that any claims made hereunder shall be subject to the applicable Law of Sri Lanka.

LIABILITY
Jamphoto 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 Client. Jamphoto is not responsible for 3rd party shipping errors, omissions or damaged shipments. Jamphoto cannot be held responsible in any way for the quality of the photographs placed by The Client into the products offered. It is for The Client to ensure and determine that the quality of photograph taken and placed into the product is suitable before ordering and uploading the file to Jamphoto Print. Jamphoto takes no responsibility for the colour of covers represented by a swatch block and description in the website as they act as a guideline only.
Jamphoto shall not be required to produce any matter which in their opinion is illegal or defamatory or obscene and retains the right to execute orders placed. The Client shall indemnify Jamphoto against any claims, costs and expenses arising out of infringement of copyright, trademark, patent or design. Jamphoto gives no warranty, express or implied, concerning the suitability of the goods supplied for any purpose whatsoever nor shall Jamphoto 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.

ACCURACY OF WEBSITE CONTENT
All reasonable steps are taken to ensure that the information on our website is accurate and up-to-date. We do not, however, warrant that the content or information displayed is always accurate, complete and/or current.
Any comments uploaded by our users or any authorised experts invited as our guests are their opinions alone and do not necessarily represent our views, opinions, beliefs or values.

PRODUCT SALES AND AVAILABILITY
All products displayed on our website are subject to availability and will be delivered only within Sri Lanka (for the time being). All prices shown on our website are quoted in Sri Lanka and are valid and effective only in Sri Lanka. We reserve the right to discontinue or change the specifications of our products and services from time to time without notice. We will inform you as soon as possible if any products or services ordered by you are not available.

CONFIRMATION OF ORDERS
Orders placed online constitute your offer to purchase subject to these Terms. Your offer is deemed to have been accepted by us when you receive our confirmation of your order. Failure by us to formally confirm or notify acceptance shall not affect the validity of the sale or the enforce-ability thereof.

CANCELLATION
If for any reason you would like to cancel an order this may be done by contacting Customer care. Please note that should production have already started on your order we reserve the right to charge you the full purchase price. If you cancel your payment for any reason or if your payment card should cease to be valid for whatever reason, you will nevertheless be bound to pay the full purchase price, including all costs incurred by us relating to the recovery thereof. Without prejudice to any other rights or remedies in law, we reserve the right to cancel forthwith any sale and/or your registration in the event of your breach of any of the Terms.

RISK AND OWNERSHIP
Risk in the products shall pass to you or your authorized representative on delivery. We will retain ownership of the products until payment has been received in full.