Terms & Conditions

These terms and conditions govern your use of our website. Using the Website (zenfotomatic.com) and purchasing from this Website implies that you accept these terms. We do occasionally update these terms so please refer back to them in the future.

Your ZenFotomatic Account

If you create a membership account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify ZenFotomatic of any unauthorized uses of your account or any other breaches of security. ZenFotomatic will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

PayPal Payments

While PayPal payments are normally processed instantly, in some cases a PayPal payment may need to be processed manually. In this case we will process the order within 1 working day.

Refunds

Unfortunately, once payment has been made to purchase credits, we cannot give you a refund. Thank you for your understanding.

Site Access

You will be able to access the majority of this Website without having to register any details with us. [However, particular areas of this Website will only be accessible only if you have registered.]

Use of Website

You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.

The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.
No part of this Website may be reproduced without our prior written permission.

Site Uptime

We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.

This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.

Links to and from Other Websites

Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this Website, it is at your own risk.

If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:

  • You do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
  • You do not misrepresent your relationship with us or present any false information about us;
  • You do not link from a website that is not owned by you; and
  • Your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the New Zealand.

If you choose to link to our website you shall fully indemnify us for any loss or damage suffered as a result of your actions.

Changes

ZenFotomatic reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. ZenFotomatic may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

You may terminate your account at anytime by emailing ZenFotomatic support from the email address associated with your account. Refund terms apply.

If you breach any of the terms and conditions your account may be suspended or terminated without warning.

ZenFotomatic can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.

The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.

Exclusion of Liability

Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.

Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the New Zealand.

Indemnification

You agree to indemnify and hold harmless ZenFotomatic, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Governing Jurisdiction

This Legal Notice shall be governed by and construed in accordance with Japanese law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of Japan.