You agree and warrant to us that all information given by you when you make an Order is accurate and not misleading and that you will not use the Services for any fraudulent or illegal purpose or for any commercial purpose (except in pursuit of your Order). You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material on our websites from any copies or printed items taken of material from our websites You must not upload any Images or any other material including text based annotations and comments which contain any threatening or defamatory or blasphemous, pornographic material or show any kind of child abuse, or discriminates based on race, sex, religion, nationality, disability, sexual orientation or age or likely to incite hatred or violence against any person or group or are otherwise criminal or offensive in the minds of reasonable people or are obscene or menacing or harassing or breach any applicable law or any matter advocating or urging treason, insurrection, or forcible resistance to any law of South Africa You must only upload Images in which you own copyright (or which you are authorized to send to us by the copyright owner) and you warrant that none of the Images contain anything which would infringe any copyright, trade mark, design right or other intellectual property right of any third party. You agree 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, or any other form of solicitation. You acknowledge and agree that any submission may be published, copied, customized or removed for the purposes of delivering the Services Although we prohibit the uploading of certain types of image to our websites, we cannot control, nor do we monitor the use of our websites. It is possible that images or other material may appear on our websites 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 websites please contact us without delay We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of this these Terms. 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 refuse to provide any further services to anyone who breaches these terms of use
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to upload your Images and you warrant that the Images you upload will be free from infection, viruses, worms, Trojan horse and/or other code that has contaminating or destructive properties. Your use of the internet in uploading Images shall be entirely at your own risk and subject to all applicable laws and regulations in force. We will not be responsible for any loss of your Images howsoever caused. You agree to indemnify us against any claims, costs, expenses or legal proceedings caused as a result of your use of the Services in contravention of these terms. In the circumstances of such contravention, you acknowledge that we will be entitled to terminate our contract with you and cancel any pending Order for Photographic Products made by you. We may also deny you access to the Services in the future
WEBSITE OPERATION
We may change the format and content of our websites (or any products or services offered by our websites) at any time.
We may terminate or suspend the operation of our websites (or terminate or suspend provision of any products or services offered through our websites) 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 websites. As Burble evolves and changes over time, we may add or remove Products from our Services. It is the responsibility of Users to have sufficient web, app and device usage skills to make use of our Services.
Although we incur a cost in providing you with Image Storage, we don’t charge for providing. However, we only provide Image Storage for Users whose Accounts show a basic – and very minimal – level of activity. Therefore, each User must log in to his/her Account at least once in any period of 3 months for the Image Storage associated with that Account to be maintained. So if you do not log into your Account for 3 months, Burble will permanently remove your Image Storage. Images that are being used in a product that is a work in progress and has been saved will remain available until that project is completed and ordered provided the customer logs into their account at least once in a 3 month period. Images that have been uploaded but not assigned to any product will be deleted after 30 days. Images that have been used in a product that has been ordered will be deleted from your account after 30 days of placing that order and will no longer be available. If you want to use those images for other orders or products after the 30 day period you will need to re-upload them to your account. We currently keep the print ready file for orders that have been placed on our servers for a period of 6 months. These print ready files cannot be edited but are available for any repeat orders should they be required during this time.
You should make sure that your Images are securely stored elsewhere, as we do not undertake or guarantee to keep your Images and other User Content indefinitely, and we will not be responsible for the loss of, deletion or corruption of Images or any User Content. We do not keep back-up copies of Images and other User Content; we have no liability to you or any User if Images or other User Content become lost or corrupted as a result of any cause (including human error, software or hardware failure, failures of telecommunications or internet services, or events beyond our control).
SECURITY AND RIGHTS
We will use all reasonable endeavours to ensure the security of your Images when you submit an Order.
All software, materials, information and content offered by Burble on this Website are protected by copyright and other applicable laws and we are the owners or authorised user of these rights.
You retain all intellectual property rights, including copyright, in those images that you have uploaded to our websites or emailed to us where you already own such rights. We are the owner (or the licensee) of all intellectual property rights in our websites All product and company names and logos mentioned in connection with the Services are our trade marks or trading names or those of their respective owners. You may download material for the sole purpose of placing an Order for Photographic Products. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or download any material without our prior written consent.
There is no legal minimum age requirement to browse this website. However, anyone below the age of 18 should obtain parental consent in using our services, and for the submission of credit card information when placing an order It is a condition of allowing you to use our websites and any services offered through it that you have the right to copy, upload or otherwise deal with those images in relation to our websites and to allow us to process and otherwise deal with those images in accordance with these terms.
PRICE AND PAYMENT TERMS
You must pay in full by credit card or electronic funds transfer (eft) in advance when you submit your Order. Orders will not be processed until all outstanding amounts have been transferred to the bank account of Burble. All prices are in South African Rand and Payment will be collected at the time of placing this Order. The cost of packaging and shipping is not included in the price of your photo album and will be added to the price of your purchase as a separate shipping cost. Please refer to our Products Price List for a complete listing. We may change any of these prices at any time before your Order has been accepted. We make every effort to ensure that prices indicated on this website are accurate.
In the event that we decide to deliver Photographic Products outside South Africa , the price is exclusive of any local sales taxes or customs or import duties, which may apply. We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. You warrant that all details you provide to us for the purpose of purchasing the Photographic Products, including the details of your credit or debit card, will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of your purchase. We reserve the right to obtain confirmation of the validity of your credit or debit card details from any relevant financial services provider or credit reference agency. We will not be held liable for any losses you may suffer as a result of unauthorized use of your credit card by any other party. Payment may be made via Visa or MasterCard or by bank transfer into the Burble bank account, the details of which will be provided on request
Credit card transactions will be acquired for Burble via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
Customer details will be stored by Burble separately from card details which are entered by the client on PayGate's secure site. For more detail on PayGate refer to www.paygate.co.za
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
CANCELLATION
You may cancel your account by contacting us by email or by post. 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 or letter. We may cancel your account without notice at our sole discretion. Once your account is cancelled, your photo album will be removed from our websites and your password will no longer enable access to the password protected areas of our websites
LIABILITY AND INDEMNITY
We will use our commercially reasonable efforts to ensure that the Services will be provided with reasonable care and skill and the Photographic Products will be of satisfactory quality, will meet the descriptions set out on this website and will be reasonably fit for the purpose for which you bought them. We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products other than the Photographic Products we provide, or any information or service provided through this website.
The Services are provided on an "as is" and "as available" basis. While every attempt is made by us to ensure that all materials and information published on this website about the Services are accurate and to keep the Services generally available and error free, we cannot guarantee that this website or the Services will operate continuously or without interruptions or be error free. We accept no liability for any unavailability. you assume total responsibility and risk for your use of the Services and use of all the information we provide.
We 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 you. We are not responsible for 3rd party shipping errors, omissions or damaged shipments.
We cannot be held responsible in any way for the quality of the photographs placed by you into the Photographic products. It is for you to ensure and determine that the quality of photograph taken and placed into the product is suitable before ordering and uploading the file. We accept no liability for any indirect or consequential loss or damage, or for any direct or indirect loss of data, profit, revenue or business in each case however caused and even if foreseeable.
Burble DISCLAIM ALL IMPLIED OR EXPRESSED WARRANTIES OR CONDITIONS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify or make any addition to this limited warranty. The limitations and exclusions in this clause do not affect your non-excludable statutory rights as a consumer and only apply to the extent permitted by law.
DELIVERY
We will deliver the Products to the address for delivery stated by you at the time you make the Order.
We will attempt to deliver any Products under your Order within 10 working days of the date of our acceptance of your Order, but this date is an estimate only. Although we will make all reasonable efforts to deliver your Products within this time, we do not accept liability for any failure to deliver within that time.
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 Burble’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 the event that any anticipated delivery of your Photographic Products does not take place, you must promptly notify us by email and we shall make reasonable efforts to replace them.
Subject to availability and receipt of payment, requests will be processed within 10 days and delivery confirmed by way of tracking number. Deliveries are limited to address in South Africa only. The method of delivery will be with courier services.
RETURNS AND REFUNDS POLICY
In the event that the Products are received by you in a damaged or defective condition, or if they do not materially match the description or pictures on the website, you may return the Products to us within 14 days of receipt, and we will provide a full refund of the price paid by you inclusive of the return postage and packing.
If you return any Products to us in accordance with the above paragraph, and we are able to prove that they were not faulty when they were received by you, we reserve the right to send them back to you and claim the cost of such return postage from you.
We will notify you of any refund of monies via email within a reasonable period of time. We will refund any monies to you using the same method used by you to pay for your purchase. We will usually process the refund to you as soon as possible and in any event within 30 days of your cancellation or the day we confirmed to you via email that you were entitled to a refund for the delivery of any defective Photographic Product. The provision of goods and services by Burble are subject to availability. In cases of unavailability, Burble will refund the client in full within 30 days. Cancellation of orders by the client will attract a 10 % administration fee. Any orders where processing has begun will attract a 100 % administration fee.
GENERAL
We may, but you may not, assign any rights and/or transfer, sub-contract or delegate any obligations under these Terms, and/or charge or deal in any other manner with these terms and conditions or any of our respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this paragraph shall be ineffective. These Terms are personal to you and are entered into by you for your own benefit and not for the benefit of any third party. We reserve the right at any time to suspend the Services at our sole discretion or for legal or technical reasons. We may also for the same reasons and at our sole discretion delete or refuse to process any Image you upload but if we intend to do so, we shall give you as much notice, if any, as we possibly can. These Terms as well as any accepted Order are the whole agreement between us. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by us or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these Terms by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the Terms and any accepted Order.
If any provision or term of these Terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such provision or term shall be divisible from the other Terms and shall be deemed to be deleted from them. Failure or delay by either party enforcing an obligation or exercising a right under these Terms does not constitute a waiver of that obligation or right. Burble takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
This website is governed by the laws of South Africa and Burble chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 16 Ivy Road Pinetown.
Burble may, in its sole discretion, change this agreement or any part thereof at any time without notice. Burble is a division of Pinetown Printers (Pty) Ltd
Burble contact details
Support : info@burble.co.za
