Terms and Conditions
ACCEPTANCE OF TERMS OF USE
By accessing or using this site you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules either expressly or impliedly by relevant governing laws of the country from time to time, that maybe posted in connection with specific sections or services of this Site. Vivar reserves the right to change the Terms of Use at any time without prior notice. It is your responsibility to review these Terms of Use each time you use your account.
You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. Note that if you withdraw your consent to receive our communications electronically, you must also discontinue your use of your account.
COPYRIGHTED MATERIALS FOR LIMITED USE
This site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (referred to herein as “Content”). This Site and all Content are thecopyrighted property of Vivar and/or its subsidiaries or the copyrighted property of parties that Vivar has licensed such property. Azeprint reserves complete title and full intellectual property rights in all Content. No right, title or interest of the Content is transferred to you, whether as a result of downloading such content or otherwise. All rights in this site and its content are reserved worldwide. It is strictly restricted to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in the Terms of Use. Azeprint reserves the right to add to, delete from, or modify any part of the Content at any time without prior notice. Any modifications to Content, whether by You or Azeprint remain the property of Azeprint and its licensors.
USE OF SITE
Permission is granted to access and use this Site and its Content for the sole purpose of preparing, evaluating and ordering of products or services solely through Azeprint. No other download, retention, use, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from Azeprint does not entitle you to use any portion of content apart from the finished products as they are supplied by Vivar.
Azeprint’s homepage and other pages on the site can be accessed without any need for registration and password. However, for the purchase of services, it is necessary for you to fill in the Registration and you shall assume full responsibility to provide true, accurate, current and complete required information, as well as maintain and immediately update such information at all time.
You agree to use this site in a responsible manner in full compliance with the governing laws and regulations. You agree not to take any action that might compromise the security of the site. Without limitation, no portion of the Content may be use for pornographic use, any unlawful purpose of use, to defame any person, to violate any other person’s right of privacy of publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property of any person or entity. You agree that you will not use the Site to produce Products that are sensitive, offensive, unlawful, harassing, libelous, discriminatory, profane, threatening, harmful, obscene, malicious which may go against moral and decent manners, or otherwise objectionable, as well as could generate compensation claims or harm third parties, or that may constitute crime and misdemeanor.Azeprint reserves the right not to perform services and may terminate its services to customers found to be using Azeprint to engage in undesirable activities.
You are solely responsible for the use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark or any copyrighted work of any third party in your products unless you have obtained the appropriate authorization from the owners. By placing an order on this Site, you warrant that you have obtain sufficient and all necessary permissions, rights and authority to authorize Azeprint to copy, modify, create derivative works and vectorize any uploaded content in the production of your product and fulfillment of your order on your behalf.
Azeprint will take normal precautions that the digital files sent by you are not accessed by their parties or disseminated to third parties. You agree that when sending digital files, it could be subject to interception by third parties or by actions of hackers, that you are responsible for protecting your password and controlling access to your registered account, all orders placed and other actions that are taken through your registered account. Azeprint cannot be held responsible because these are unforeseeable circumstances.
TERMS OF SALE
These Terms of Use govern any sale to the exclusion of any other terms, including any terms and conditions which may purport to apply under any purchase order, confirmation of order or other document. Azeprint employees are not authorized to make any representations concerning Products unless confirmed by Vivar in writing.
Products are sold exclusively for business purposes and you agree that any purchase you make are intended for business purposes. Azeprint reserves the right to reject any order without the obligation to assign any reason for doing so. No order shall be deemed accepted by Azeprint unless and until it is confirmed unconditionally.
You agree that all details provided to Azeprint for purpose of a purchase are correct and complete, the chosen method of payment have sufficient funds or credit facility, are able to cover the full cost of the Products ordered. Azeprint reserves the right to request for validation of payment details before accepting any order.
Delivery charge is not included in the Products price shown, will be shown at the checkout section when Buyer make payment. Azeprintwill endeavour to process the order and manufacture the Products within the time period stated for each item as per order confirmation by buyer.
Azeprint may combined orders into a single shipment or split an order into multiple shipments. Any dates quoted for delivery of Products are indication only and not guaranteed. Time of delivery will not be of the essence of the contract created by these Terms of Use and Azeprint will not be liable for any loss or expenses sustained by you arising from any missed or delay in the delivery of the Products howsoever caused. Estimation of delivery time is based on correct and complete print file received. Any incomplete or resend file will alter the estimation of delivery time.
Buyer must inspect the products on delivery. If Buyer wrongfully fails to take delivery of the Products, Azeprint shall be under no obligation to refund the Price.
TRANSFER OF TITLE
The customer agrees that the shipping terms for all printed matters are FOB shipping point and ownership transfers to the customer upon shipment. All risks of loss and title for such items pass to you upon the carrier taking delivery of the items. For any product that are required to be provided to customer in an electronic format, the customer agrees to the delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication format addressed to the customer or (b) at the time we transit a notification to the customer that the product is available for downloading from the Site.
INDEMNIFICATION
You agree that you shall exempt and indemnify Azeprint, their directors, officers, and employees against all or any, present and future claims of liabilities, damages, and/or costs and expenses, including reasonable legal fees and expenses of any potential and material infringements arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into the products that was not part of the standard Site Content.
DISCLAIMER OF WARRANTY
THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSES, OR NON-INFRINGEMENT. YOU ACKNOWLEDGED THAT OPERATION OF THE SITE MAY NOT BE UNINTERUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
Azeprint Certain circumstances are beyond Azeprint’s control and may not be covered by Satisfaction Guarantee. Please note that Azeprint cannot be responsible for and will not be liable for: Text editing problems, names, phone numbers, spelling, punctuation or grammatical error made by customer, inferior quality or low resolution of uploaded images, design errors introduced by customer and anything that do not followthe quality guidelinessuggested by Azeprint for a perfect production in the document creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products arising after delivery to the customer. If you request a refund, the time for the refund to arrive may depend on your bank.
Azeprint does not provide warranty for the fidelity of the colours. Prints may present varying intensity and colour hue. Compared to the computer screen of proof, as well as regard to reprints. Prints may present variation of hue and/or intensity within the same batch, which does not constitute a printing defect, or may present colour variations compared to a different order. The tolerance limits in the cuts and folds, finished shapes of all products is of maximum 5mm variation.
Orders can be printed with up to variation of 10% in size; Colours can also be printed with up to 10% in variations for the first and last prints of the same file in the same batch, these does not constitute a print defect.
The time limit for claims of eventual defects is of 10 days following the date of completion of the production, except for claims of the order amount which had to be claimed at the moment of delivery. No claims will be entertained after this deadline.
If during the final screening, for whatever reason, that the material loss was less than 30%, no printing will be made. Reprinting will only be made when the lack of material is more than 30% of the total amount. In any case the total return of defective material is mandatory in order to proceed with the reprint.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL AZEPRINT AND ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY SPECIAL, INCIDNTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT AZEPRINT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM AZEPRINT OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATIONS, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL VIVAR BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORISED USE OF THE SITE OR ITS CONTENT.
Azeprint will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly form any failure or delay in performing any obligation under this Contract by reason of any event outside of its reasonable control, including, but not limited to, any strikes, industrial action, failure of power supplies or equipment, government action or act of God.
The liability of Azeprint and its licensors, suppliers or vendors, and their respective officers, directors and employees, or agents with respect to any and all claims arising out of the performance or non-performance of Azeprint’s obligation under the Term of Use, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes, shipping and processing) for such products or services. In no event shall the liability include damages for loss of profits or revenue, increased cost of purchasing or providing materials, supplies or services: cost of replacement capital; claims of purchaser’s customers; inventory or use charges; or incidental or consequential damages of any nature.
SITE FEEDBACK
Any comments, suggestions, proposals or other feedback provided to Azeprint in connection with the operation or content of this Site shall be provided by the submitter and received by Azeprint on a non-confidential basis and shall become exclusive property of Azeprint. By submitting any such information to Azeprint, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property. You agree that Azeprint shall be free to use such information on an unrestricted basis.
GOVERNING LAW
The party you are contracting with and the seller of the products and services offered and sold on this site is Digital Prepress Solution Sdn Bhd (121004-W), a private limited company under the laws of Malaysia. All issues related to the protection, infringement, or misuse of the copyrighted materials and all other matters relating to your access to your website, shall be governed by the laws of Malaysia. You agree to submit any legal actions or proceeding relating to or arising form your access to or use of this site shall be instituted and submit to the proceedings of courts sitting in Kuala Lumpur, Malaysia. You also agree not to assert in any legal action or proceeding involving Azeprint that a court sitting in Kuala Lumpur is an inconvenient forum for such legal action and proceeding.
