Terms and Conditions
Last updated 23 August 2018 (ID: 2018_08_23)
Please read these Terms and Conditions ("Terms") carefully as they contain the legal terms and conditions that you agree to when you use the services provided to you by Kodak Alaris and its Affiliates, including Kodak Alaris’ mobile Applications; PIXPAX, KODAK Kiosk Connect App, KODAK MOMENTS HD App, My KODAK MOMENTS App., KODAK Create App, KODAK Create Lite App, KODAK MOMENTS App., KODAK MOMENTS Apple TV app, MKC app and KODAKMOMENTS.COM (collectively, the “Applications”) and Kodak Photo Services Applications provided to Kodak Alaris Partners (collectively, the “Services”) and to purchase personalised goods from Kodak Alaris (“photo products”). If you are accessing the services from within the European Economic Area, they are provided by Kodak Alaris Limited; if you are accessing the services from outside the European Economic Area they are provided by Kodak Alaris, Inc. (each individually “Kodak Alaris”).
By using the Applications or Services you agree to be bound by these Terms. Kodak Alaris reserves the right to amend these Terms at any time without prior notice. Your use of the Applications or Services following any such modification constitutes your agreement to follow and be bound by the Terms as modified. These Terms constitute the entire agreement between you and Kodak Alaris with respect to the subject matter hereof and supersedes all other communications, written or oral, with regard to the Applications or Services. If you do not wish to be bound by these Terms, please do not use the Applications or Services.
Kodak Alaris’ licensors refers to any third parties licensing all or any portion of such Applications to Kodak Alaris. These Terms are specifically intended for the benefit of Kodak Alaris and any of our licensors.
Provisions Applicable to all Users of the Applications and Services.
1. The Applications
Kodak Alaris offers applications that help you combine meaningful pictures with beautifully designed text to create stories you will remember forever. Use our applications to make your stories look their best with easy-to-use photo editing tools and layouts and share them with friends and followers. You can also create beautiful printed products and send them to your local retailer for pickup in an hour or have them shipped right to your door.
2. The Services
Kodak Alaris offers digital photography services which allow partner applications to provide the ability to create photo products and place orders for prints and/or photo products on a Kodak Picture Kiosk in a retail location, place orders for prints and/or photo products to be picked up in a retail location using the Internet or place orders for prints and/or photo products to be shipped to a location of your choosing using the Internet.
You may need an Alaris Account in order to use some of our services. To protect your account, keep your password confidential. You are responsible for the activity that happens on or through your account. Try not to reuse your account password on third-party applications. If you (a) need to change or recover your account settings or (b) learn of any unauthorised use of your password or account please contact Kodak Alaris customer service.
Some of our Applications or Services allow you to upload, share, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours. When you upload, share, submit, store, send or receive content to or through our Applications or Services, you give Kodak Alaris (and those we work with) a worldwide licence to use, host, store, reproduce, modify, create derivative works (such as automatically generating grouping of images or other changes that makes your content work better with our Applications or Services), communicate, publish, and distribute such content. Our automated systems analyse your content (including images) to provide you personally relevant photo product features. This analysis occurs as the content is sent, received, and when it is stored. The rights you grant in this licence are for the limited purpose of operating, promoting, and improving our Applications or Services, and to develop new ones. This licence continues even if you stop using our Applications or Services. Make sure you have the necessary rights to grant us this licence for any content that you submit to our Applications or Services.
Alaris Accounts may include social features that will permit you to share text and images with others. Such content can be deleted at any time by you. Content shared via these features will only be viewable to your followers. People can follow you in the following ways: (a) for accounts set to private mode, you will need to approve any requested followers or (b) if you do not have your account set to private mode, anybody who searches you by display name or email address will be able to follow you. Except for accounts in Germany, Alaris Accounts are by default NOT set to private mode.
Followers will be able to view:
- Display name (usually First/Last name)
- Profile picture (if user selects one)
- Your followers and people you are following
- Your digital assets shared
- Followers will notsee email address, payment information and shipping addresses.
You agree that you are responsible for all data charges you incur through use of the Applications.
You must sign in to your Alaris Account periodically, at a minimum every 1 year, to keep services associated with your Alaris Account active. If you don't sign in during this period, we may close your account (which means you will lose access to any stored images and any other product or service that uses an Alaris Account).
The email address or user name that you use to create your Alaris account will be unique to you for as long as your Alaris Account is still active. In the event your Alaris Account is closed either by you or by Alaris pursuant to the terms of this Agreement, the email address or user name may be recycled into our system and assigned to another user. Alaris Account holders may need to provide security information to continue using their Alaris Account.
You are responsible for maintaining the confidentiality of your account information including user names and passwords. You will be fully responsible for all activities that occur under your account. You agree to immediately notify Kodak Alaris of any unauthorised use of your account.
4. Applications and Services Supplier
The Applications and Services are supplied by Kodak Alaris Inc. and its Affiliates. “Affiliates” means any company, partnership, joint venture, or other entity that directly or indirectly controls, is controlled by or is under common control with Kodak Alaris, Inc. For the purpose of the preceding sentence, one legal entity controls another legal entity means that the former possesses the right to appoint more than 50% of the positions on the board of directors of the latter. We may share your information with an Affiliate, with the requirement that they not transfer your information to another party for marketing purposes, or use your information contrary to your expressed choices. Similarly, if one of our Affiliates shares your information with us, we will not transfer your information to another party for marketing purposes or use your information contrary to your expressed choices.
5. Age Restrictions
In order to use the Applications or Services you must be of legal age to form a binding contract. Without limiting the foregoing, you must be aged 16 or over to use the Applications and Services. Kodak Alaris does not knowingly permit children under the age of 16 to download the Applications, or to buy goods and Services without verifiable parental consent. Kodak Alaris does not knowingly collect or solicit personal information about children under 16, except with their parent's express consent. Kodak Alaris encourages parents and guardians to spend time with their children online and to participate in their interactive activities and interests.
6. Grant of Licence
So long as you are in compliance with these terms, Kodak Alaris grants a non-exclusive licence to use the Applications or Services subject to the restrictions set forth below. These Terms and Conditions are not for the sale of the Applications or any other intellectual property. All right, title and interest, and all intellectual property rights in and to the Applications or Services are owned by Kodak Alaris or its licensors. Except as expressly stated herein, no other rights are granted to you by implication, estoppel, or otherwise, under any patent, copyright, trade secret, trademark, or other intellectual property right.
The Applications and Services are available to users through Apple App Store and Google Play store. The terms of the End User Licence Agreement are incorporated herein, and considered part of, these Terms.
You may use the Applications or Services only on your personal electronic device (e.g. computer, mobile phone, tablet, etc.). You may not further redistribute, sublicense, rent, loan or lease the Applications or Services to any third party.
Kodak Alaris uses reasonable endeavours to ensure that the Applications or Services are available 24 hours a day 7 days a week. However, there will be occasions when the Applications will be interrupted for maintenance, upgrades and emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Kodak Alaris. Reasonable steps will be taken to minimise such disruption where it is within Kodak Alaris’ reasonable control. You agree that Kodak Alaris shall not be liable to you for any modification, suspension or discontinuance of the Applications or Services.
8. Accuracy, Completeness and Timeliness of the Information
Regardless of any information presented on the Applications or Services, Kodak Alaris reserves the right without prior notice to discontinue, move or suspend the Applications, Services or change specifications at any time, without incurring any obligations. The Applications or Services should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information. Although Kodak Alaris make reasonable efforts to ensure that all material on the Applications or Services is correct, accuracy and integrity cannot be guaranteed, and Kodak Alaris does not assume any responsibility or obligation for the accuracy, completeness or authenticity of material on the Applications or Services.
9. Software Features
The Applications or Services may contain features that enable Kodak Alaris, via the Internet, to notify you of available software upgrades, promotions, products and services in which you may be interested; to update product data files and instructional and marketing content in the Applications or Services; and to collect usage data. The Applications or Services may also contain features that enable you to download store locator files, new product themes and product catalogues. You agree that Kodak Alaris may utilise these features to provide such notices and updates, permit such downloads and to collect such data, unless you have elected to deactivate the features in the Applications or Services.
All brand, product and service names used in the Applications or Services which identify Kodak Alaris and/or its subsidiaries or third parties and their products and services are proprietary marks of Kodak Alaris and its licensor or its subsidiaries and/or the relevant third parties or application partners. Nothing in the Applications or Services shall be deemed to confer on any person any licence or right on the part of Kodak Alaris or its subsidiaries or any third party with respect to any such image, logo or name.
Kodak Alaris is, unless otherwise stated, the owner of all copyright and database rights in the Applications or Services. Unless stated otherwise, Kodak Alaris or its subsidiaries and its licensors are the content owner of any templates, clip art, borders or backgrounds contained on or provided through the Applications or Services. You may not publish, distribute, extract, re-utilise or reproduce part or all of any such content in any material form (including photocopying or storing it in any medium by electronic means).
You may not copy the Applications or Services other than as expressly provided in these Terms. You may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for the Applications or Services, or use any part of the Applications or Services for any use other than that for which it was supplied by Kodak Alaris, unless specifically authorised by Kodak Alaris. You may not modify, adapt, alter, translate, or create derivative works from the Applications or Services.
You are considered the owner of, and/or have the right to access, all of the images you access on your electronic device using the Applications or Services. You must either own all right, title and interest in and to the copyrights in the images or have express permission from the copyright owner to copy and use such images for all purposes related to the Applications or Services, and the images may not violate or infringe upon the rights (including other intellectual property rights, privacy, moral or publicity rights) of others. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources, are protected by copyright and should not be used through the Applications or Services. You agree to indemnify and hold harmless Kodak Alaris, its subsidiaries and its licensors, for all liability and damages including attorneys’ fees that may be incurred in any legal action in connection with the above.
You or the owner retain all rights to all images and photo products you have made available to Kodak Alaris through the Applications or Services. In order to enable us to display and fulfil any orders for you, you grant to Kodak Alaris a non-exclusive, royalty-free licence to use, copy, distribute, and display those images.
13. Monitoring of Content
You understand, acknowledge and agree that any content may be subject to examination by Kodak Alaris (and by our suppliers and fulfilers) and that the content is governed by applicable laws, including laws which prohibit copyright infringement, pornography, child pornography, or child abuse. If, in Kodak Alaris’ sole judgement and discretion, there exists any potential violations of law, such potential violation may be reported to law enforcement authorities.
Many laws prohibit the distribution of content that would infringe upon the copyrights of others or which include obscene or pornographic material. Orders with content considered obscene, pornographic or otherwise objectionable may not be returned to you. In addition Kodak Alaris (and our suppliers and fulfilers) reserves the right at all times to review the content, to disclose the content as necessary to satisfy any laws, regulations or government requests and to refuse to process or fulfil any orders that are, in our sole judgement and discretion, objectionable or in violation of these Terms.
14. Third Party Services, Websites and Networks
15. Intellectual Property Rights of Others
Kodak Alaris respects the intellectual property rights of others and requests that our visitors do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify us using the “Contact Us” link in the help menu. The notification must include ALL of the following:
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material you claim is infringing is located on the Applications;
- your name, address, telephone number and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- a physical or electronic signature of the copyright owner or the person authorised to act on the owner’s behalf.
For Kodak Photo Services partner applications, contact the application provider for information regarding copyrights.
Kodak Alaris is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on the Applications, including material you provide to us, and we have an absolute right to remove any material from the Applications or Services and/or bar the use of the Applications or Services in our sole discretion at any time.
16. Amendment of the Terms
Kodak Alaris reserves the right to amend these Terms from time to time. If you continue to use the Applications or Services when the Applications or Services indicate that changes have been made to these Terms, you will be deemed to have accepted those changes.
17. Access and Usage
You agree that any information you provide to Kodak Alaris will be true, accurate, current and complete. You also agree that you will ensure this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which Kodak Alaris can communicate with you about your usage of the Applications or Services. You agree that Kodak Alaris will not be responsible for any damage you incur, or information you do not receive, as a result of your failure to provide a valid and functioning e-mail address. Kodak Alaris reserves the right to refuse you access to the Applications or Services and/or fulfil your order in its sole discretion.
18. Storage Policy
The Applications do not provide long term storage of digital images nor of photo products created using the Applications or Services. Images stored in conjunction with Alaris Accounts are provided for the convenience of customers. You should always preserve your original Content, or make back-up copies of such Content, on your personal system. You should not use the Service as the only repository for your Content. Without limiting the disclaimer set forth in Section 30, Kodak Alaris expressly disclaims any responsibility or liability for any loss of Content or Images due to your use of the Applications, Accounts or Services.
19. Formation of a Binding Contract
When paying for your online order at a retail store, you are responsible for payment when you pick up your order. No contract will exist between you and Kodak Alaris for the supply of any services or products unless and until Kodak Alaris accepts your order. Acceptance of your order shall take place when your order is sent to the retail store that you selected for fulfilment. If you provide an email address, an email will be sent to you to confirm acceptance of your order. Kodak Alaris reserves its right to cancel your order at any time for any reason.
When you place an order through the Applications, you may be required to provide a valid email address, which we may use to communicate with you regarding the status of your order and to provide you with any other notices, disclosures or other communications relating to your order. You agree that we will not be responsible for any damage you incur, or information you do not receive as a result of your or a third party provider’s failure to provide a valid and functioning email address.
Photo products ordered through the Applications or Services are custom products designed and personalised by you. Once an order has been placed, it cannot be cancelled by you via the Application. If after placing an order you wish to request a cancellation, please contact Kodak Alaris service and support team. Given the custom nature of products, we reserve the right to reject any cancellation request. When placing an order with a third-party fulfiller that party’s terms and conditions shall also apply including, but not limited to, terms regarding order acceptance and payment.
20. Product Availability
Receipt of your order does not guarantee that Kodak Alaris can supply the selected products and services to you. All products and services on the Applications or Services are subject to availability and Kodak Alaris must therefore reserve the right to limit quantities of products it supplies, to supply only part of an order or to divide up orders, to alter the availability and duration of, and to terminate at any time, any special offers. In the unlikely event a product or service that you order is unavailable, we will contact you by email as soon as possible to advise you of expected availability dates.
The aspect ratio of the products you order may be different from the aspect ratio of your digital image data which may result in finished products that do not utilise the entire digital image.
21. Pricing and Delivery
Prices displayed on the Applications or Services are exclusive of most applicable taxes (including sales tax), delivery costs and bank charges. For orders placed outside the United States prices shown do include VAT. All prices are stated in the applicable currency units for the retail store designated for pick-up of the product or home address for ship-to-home orders. Pricing is valid until altered by Kodak Alaris. Any applicable shipping and handling charges will be added to your order during the checkout process.
Kodak Alaris makes every effort to provide current and accurate information relating to our products, services and prices but we do not guarantee the accuracy of such information. Information about products and services is subject to change without notice. Prices are subject to change at any time prior to our acceptance of your order. In the event a material error is found in the description or availability of a product or service related to your outstanding order, or an error in pricing, Kodak Alaris will contact you with the corrected information and ask you whether you still wish Kodak Alaris to fulfil your order.
Kodak Alaris will use all reasonable efforts to ensure your order is fulfilled promptly but Kodak Alaris cannot guarantee that there will be no delays in delivery and accept no liability or responsibility for delay where it is outside of our reasonable control. Any dates specified for delivery of any products are intended to be an estimate only.
You will pay for your order when it is placed or when you pick it up at a retail store as determined by the policies of the store or fulfiller. You are responsible for abiding by the retail store’s, or fulfiller's payment terms and conditions.
The retail stores collect and remit taxes as required by law on purchases paid for at the store when they are picked up. Kodak Alaris will collect and remit taxes as required by law for ship-to-home orders.
24. Applicable Territory
The Applications provided through Apple App Store and Google Play Store are confined to use in jurisdictions in which the Application is able to ship to the address specified in the order.
25. Return Policy
For in-store fulfilment and partner fulfilment, the return of products is entirely governed by the Return Policy of the retailer or fulfiller, designated by you for pick-up of ordered products or a Kodak Photo Services partner. As between you and Kodak Alaris, Kodak Alaris disclaims any liability or responsibility for the return of products and/or the refund of any money relating to the same for ship-to-store orders.
For ship-to-home orders Kodak Alaris will accept returns and provide refunds only for quality issues due to production or if delivery falls outside of a reasonable delivery window. If product is damaged in shipping the sole remedy shall be Kodak Alaris remaking the product. In the event a product quality issue is caused by the consumer’s image quality Kodak Alaris reserves the right to refuse any return or refund. Except as expressly set forth herein, Kodak Alaris disclaims any liability or responsibility for the return of products and/or the refund of any money relating to the same for ship-to-home orders.
You agree not to use the Applications or Services:
- for any unlawful purposes;
- to order for print or otherwise transmit or communicate any material that (i) is false, fraudulent, obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, invasive of privacy or publicity rights, defamatory, libellous, vulgar, illegal or otherwise objectionable, and (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law;
- to order for print or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to Kodak Alaris and its affiliates;
- to harm minors in any way, including but not limited to printing content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
- to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Applications or Services;
- to transmit any material which is likely to cause harm to Kodak Alaris’ or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorised access to the Applications or Services which may cause any defect, error, malfunction or corruption to the Applications;
- for any commercial purpose;
- to transmit any unsolicited or unauthorised advertising, promotional materials, junk mail, political campaign materials, spam, chain letters, pyramid schemes or any other form of solicitation;
- to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity; or
- to collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of the Applications or Services or to solicit or attempt to discover a user's password, screen name or other registration information without the user's express knowledge and consent.
You further agree that you shall not:
- interfere with or disrupt (or attempt to interfere with or disrupt) the Applications or Services or servers or networks connected to the Applications, or to disobey any requirements, procedures, policies or regulations of networks connected to the Applications; or
- provide any information to Kodak Alaris that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; or
- resell the Applications or Services or any portion of the Applications or Services.
You understand and agree that you are personally responsible for your behaviour in connection with the Applications or Services. You agree to indemnify, defend and hold harmless Kodak Alaris and its, officers, directors, contractors, suppliers, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third party information providers to the Applications or Services from and against any and all claims, losses, liabilities, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees and court costs, resulting from or arising out of (a) images or other content you submit through the Applications or Services, (b) use, misuse or inability to use the Applications or Services by you or any other person who accesses the Applications or Services using your account, (c) any violation of these Terms of Service or (d) any violation of any rights of a third party. If you cause a technical disruption of the Applications or Services or the systems transmitting the Applications or Services to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.
28. Customer Feedback
Kodak Alaris does not want to receive confidential or proprietary information from you via the Applications or Services. Any comments, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided to Kodak Alaris in connection with the operation or content of the Applications or Services shall be considered non-confidential and non-proprietary.
You understand and agree that Kodak Alaris or their respective suppliers shall be the sole owner(s) of all information, material, or data you provide regarding the performance of, or any suggestions as to any improvement or changes to, the Applications or Services. You further agree to execute any additional documents that become necessary for Kodak Alaris or their respective suppliers to obtain, maintain, or exercise its ownership rights.
These Terms are effective until terminated. You may terminate these Terms at any time by deleting or otherwise destroying the Applications or partner applications using the Services on your device together with all copies in any form. These Terms will also automatically terminate if you fail to comply with any term or condition. You agree that Kodak Alaris also may, at its sole discretion, temporarily or permanently terminate these Terms with prior notice to you and/or terminate the Applications or Services (as defined in Paragraph 11) without prior notice to you. Upon termination, for any reason, you agree to destroy the Applications or partner applications using the Services on your device together with all copies in any form. Provisions which, by their nature, should remain in effect beyond termination of these Terms and Conditions shall survive.
Kodak Alaris reserves the right in its sole discretion to terminate your ability to access or use the Applications if you fail to comply with any of these Terms or if a competent regulatory authority requires us to do so.
30. Disclaimer of Warranty and Limitation of Liability
THE APPLICATIONS OR SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITH NO WARRANTY WHATSOEVER. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, KODAK ALARIS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE APPLICATIONS OR SERVICES. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE APPLICATIONS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE APPLICATIONS OR SERVICES OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT RELATED TO PRODUCTS ON THE APPLICATIONS OR SERVICES.
YOU UNDERSTAND AND AGREE THAT ACCESS TO ANY MATERIAL THROUGH THE APPLICATIONS OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO THE CONTENT OR IMAGE YOU ACCESS OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE ACCESS OF ANY MATERIAL. IN THE EVENT OF ANY MISTAKE BY KODAK ALARIS, SUCH AS SHIPMENT OF AN INCORRECT OR DEFECTIVE PRODUCT, KODAK ALARIS WILL REPLACE AND WILL BE LIABLE ONLY TO THE EXTENT OF THE RETURN POLICY STATED IN THESE TERMS.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, KODAK ALARIS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE KODAK ALARIS’ APPLICATIONS OR SERVICES, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE APPLICATIONS OR SERVICES, (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE APPLICATIONS OR SERVICES, (IV) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE APPLICATIONS OR SERVICES OR PRODUCTS OFFERED ON THE APPLICATIONS OR SERVICES, EVEN IF KODAK ALARIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, KODAK ALARIS’ LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT EXCEED $100.00 US.
These Terms constitute the entire agreement between Kodak Alaris and you with respect to your use of the Applications or Services or supply of products using the Applications or Services. Kodak Alaris’ failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms are invalid, you agree that the remainder of the Terms shall be enforceable.
32. Circumstances Beyond our Reasonable Control
Kodak Alaris is not liable for delays in performance caused by circumstances beyond our reasonable control and will be entitled to an extension of time for performance; examples include strikes, supplier/transport/production problems, exchange fluctuations, governmental or regulatory action and natural disasters. If such circumstances continue for more than one month, either party may terminate a contract for the purchase of products without compensation.
33. Export Law Assurances
You may not use or otherwise export or re-export the Applications or Services except as authorised by the laws of the jurisdiction in which the Applications or Services was obtained. In particular, but without limitation, the Applications or Services may not be exported or re-exported (a) into (or to a national or resident of) any US embargoed countries (including without limitation Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, and Syria) or (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or the US Department of Commerce Denied Person's List or Entity List. By using the Applications or Services, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
34. Federal Acquisitions
This Section 34 applies to all acquisitions of the Applications or Services by or for the United States federal government, or by any prime contractor or subcontractor (at any tier) under any contract, grant, cooperative agreement or other activity with the federal government. The Applications or Services is a "commercial item" as that term is defined in 48 CFR 2.101 (October, 2004) consisting of "commercial computer software" and "commercial computer software documentation” as such terms are used in 48 CFR 227.7202-1, 227.7202-3, 227.7202-4 (October, 2004). If you are in the US Government or any agency or department thereof, the Applications or Services are licensed (a) only as a commercial item and (b) with only those rights as are granted hereunder.
The title and risk of loss for products ordered online by you through the Applications or Services passes to you upon our delivery of such products to the retail store or the fulfiller or where the order includes delivery on delivery of the product to the address you gave us. Kodak Alaris may assign its rights and responsibilities hereunder without notice to you. Kodak Alaris reserves the specific right to transfer the running of the Applications or Services to any other company within the Kodak group of companies. If any part of these Terms is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.
37. Applicable Law and Jurisdiction
If you are accessing the services from within the European Economic Area, they are provided by Kodak Alaris Limited and these Terms and your use of the Applications or Services shall be governed by and construed in accordance with the laws of England and Wales, without regard to its rules on conflicts of law. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
If you are accessing the services from outside the European Economic Area they are provided by Kodak Alaris, Inc. and these Terms and your use of the Applications or Services shall be governed by and construed in accordance with the laws of the United States, without regard to its rules on conflicts of law. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the United States.
38. How to Contact Us
If you need to contact us or have any comments or questions about these Terms or the Applications or Services or the products or if you have a complaint please contact us through the "Support" link at the bottom of this page.
For Kodak Photo Services partners, contact the application provider for support.
39. Territorial Restrictions
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Kodak Alaris provides.
40. The following Section applies if you are purchasing products from Kodak Alaris for delivery in the European Union and in the event of any conflict or inconsistency with any other provisions included in these Terms then the provisions set out in this Section will prevail.
1. EUROPEAN COMMUNITY SOFTWARE DIRECTIVE (91/250/EEC)If you obtained the Applications or Services within a country of the European Community, nothing in these Terms shall be construed as restricting any rights available under the European Community Software Directive (91/250/EEC).
2. PRICE AND PAYMENT
2.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Section 21 of the Terms for what happens if we discover an error in the price of the product you order.
2.2 Delivery costs. The costs of delivery will be as displayed to you in the Application.
3. PROVIDING THE PRODUCTS
3.1 When we will provide the products. We will deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and receive a full refund for any products you have paid for but not received.
3.2 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
3.3 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we will be entitled to charge you for storing the products.
3.4 When you own and become responsible for the product. You own a product once we have received payment in full. The product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
4. YOUR RIGHT TO CANCEL YOUR ORDER OR TO HAVE PRODUCTS REPAIRED OR OBTAIN A REFUND
4.1 Faulty or misdescribed products. We are under a legal duty to supply products that are in conformity with the agreement between us and are of satisfactory quality, fit for purpose and not faulty or misdescribed. For residents of the EU (other than those in the UK), if you find the product to be faulty within two years of delivery then we will repair or replace the product free of charge. If the product can't be repaired or replaced, then you are entitled to a refund. Nothing in these terms will affect your legal rights.
For UK residents only, the box below summarises your key legal rights in relation to the products.
Summary of your key legal rights
For products the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
o up to 30 days: if the product is faulty, then you can get a refund.
o up to six months: if the faulty product can't be repaired or replaced, then you're entitled to a full refund, in most cases.
o up to six years: if the product can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.
4.2 Cancelling your order because of something we have done or are going to do. If you wish to cancel your order for the products for a reason set out at (a) to (d) below we will refund you in full for any products which have not been provided. The reasons are:
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than thirty days; or
- you have a legal right to end the contract because of something we have done wrong.
4.3 Right to change your mind. For most products bought online you have a legal right to change your mind within 14 days and receive a refund. However you do not have a right to change your mind in respect of customised goods which includes photo goods as these are made to your personalised specification. If you do have a right to change your mind then you have 14 days after the day you (or someone you nominate) receives the goods to cancel your order. You must contact us to inform us of your decision to cancel, see following paragraph “How to cancel your order”.
HOW TO CANCEL YOUR ORDER
5.1 Tell us you want to cancel your order. If you are entitled to cancel your order please email customer services email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
5.2 Returning products after despatch or receipt. If you wish to exercise your rights to reject products as provided in paragraph 5.1 of this Section after they have been dispatched to you or you have received them, you must return them to us. You must either post them back to us at:
Kodak Alaris Ltd. Hemel One, Boundary Way, Hemel Hempstead HP2 7YU, UK
or allow us to collect them from you. Please email customer services on firstname.lastname@example.org
5.3 When we will pay the costs of return. We will pay the costs of return if:
- the products are faulty or misdescribed, or
- you cancel the order for any of the reasons set out in paragraph 5.2 of this Section.
In all other circumstances you must pay the costs of return, if so we will charge you the direct cost to us of collection.
5.4 How we will refund you. We will refund you the price you paid for the products, including delivery by the least expensive delivery option we offer, as soon as possible by the method you used for payment.
IF THERE IS A PROBLEM WITH THE PRODUCT
6.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can contact our customer service team through the "Support" link at the bottom of this page.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
7.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with the Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our not complying with our obligations or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
7.2 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.3 Death or personal injury. Nothing in the Terms shall restrict or exclude our liability for death or personal injury resulting from our negligence.
OTHER IMPORTANT TERMS
8.1 Nobody else has any rights under this contract. The contract for sale of products is between you and us. No other person shall have any rights to enforce any of the Terms.
© 2018 Kodak Alaris Inc. The Kodak trademarks and Kodak trade dress are used under licence from Eastman Kodak Company.