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Terms of Service

Welcome to Camdy!

Thank you for using our services. Our services include, but not limited to, camdy.photo website, camdy mobile application and commerce services. The services (Services) are provided by Camdy Global Sdn. Bhd.

These Terms of Service (Terms) set forth the terms between Camdy and you as the user of our Services or features. By accessing or using our Services, you are agreeing to these Terms and an agreement will be formed between you and Camdy (Agreement). Therefore, please read them carefully.

In this Agreement, (you) as refers to any individual whom creates an account on the Services, or if the Services are being used on behalf of an entity by an individual authorized to agree to such Terms on behalf of such entity, then (you) referes to such entity. If you are accessing the Services on behalf of your employer, you represent and warrant that you have the authority to agree to these Terms on its behalf.

Acceptance of the Terms of Service

By accessing or using our Services, you hereby irrevocably acknowledge and agree to accept all the terms and conditions (and not in part) as set out in these Terms in full and as may be amended from time to time, in addition to the Privacy Policy as set out therein.

We reserve the right, at our sole and absolute discretion, from time to time, to change, amend, modify, supplement or vary the terms and conditions as set out in these Terms (Modified Terms) without giving any notice to you. You are advised to periodically visit our Terms, on our website, camdy.photo and/or through our Camdy mobile application so that you are aware of the terms and conditions that apply to your use of our Services.

Basic Terms

You must be a person who is of legal age to form a binding contract and not barred from receiving Services under the laws of Malaysia or other applicable jurisdiction to use our Services. By signing up with us, you confirm that your information and personal data provided to us are true and accurate.

You are responsible for your use of the Services, for any contents which include any information, text, transcripts, graphics, illustrations, photos, pictures, snapshots, images or other materials appearing on the Services (Content) you post, submit, display, share, or upload to, reproduce, print through the Services, and for any consequences thereof. You acknowledge and agree that the Content you post, submit, display, share, upload on, reproduce, or print through our Services is public by default and you have also granted the rights to other users or third party view, download, share, use, transmit, reproduce, distribute or print your Content. You may protect your information by changing the privacy setting yourself.

You must not create or use the domain names, web URLs, the name of Camdy in your username without the prior written consent of Camdy. We have our dull discretion to remove or terminate your account if we discover such improper use.

You must not create or use the domain names, web URLs, the name of Camdy in your username without the prior written consent of Camdy. We have our full discretion to remove or terminate your account if we discover such improper use.

You must not attempt to restrict other user from using or enjoying our Services. You must also not violate, encourage or facilitate violations of these Terms or any other terms that will be added and updated from time to time.

Violation of these Terms may result in termination of your account.

Content Rules

You must have the right to deal with your Content in the manner provided by our Services. You must not upload your Content, or otherwise deal with your Content through our Services, if you do not have the right to do so. You shall ensure that your Content does not:

  • Infringe anyone’s copyright; in particular, you must ensure that you either own the copyright in the Content that you upload to Camdy or that you are fully licensed be the copyright owner to upload the Content and to make any subsequent use of it (such as by including the Content in a personalized Product) or that you are fully permitted to reproduce the copyright whether in part of in full;
  • Infringe any other rights, including but not limited to a trade mark, of any person or entity or a duty owed to any person or entity such as duty confidentiality or to reproduce the trademark or confidential information;
  • Contravene any applicable law and/or regulation and/or rule and/or ordinance. The law and/or regulation and/or rule and/or ordinance and/or order includes but not limited to the law and/or regulation and/or rule and/or order gazetted from time to time;
  • Include anything that is false, inaccurate, misleading, offensive, abusive, threatening, controversial, scandalous or defamatory, or that might cause nuisance, annoyance, inconvenience or distress to any person or entity or harass, upset, embarrass, alarm or annoy any person or entity;
  • Contain any computer virus, macro virus, trojan horse, worm, or anything else designer to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;
  • Misrepresent your identity in any way or impersonate any person or entity;
  • Include any material containing personally identifying information about another person, such as their real name, address, phone number, or email address, except with the written approval of that person;
  • Contain material which is pornographic, obscene, sexually suggestive, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;
  • Advocate, promote or assist any unlawful act; or
  • Interfere with the proper working of Camdy

Terms for Purchase of Products

We offer you the ability to order :-

  • Prints of your Content;
  • Personalized products which bear your Content on or within them, and we refer to those prints and products as “Product”

We allow you to access your Content through your Account. However, please note that :-
We reserve the right to make changes to your Content which are intended to improve its storability, including compression, size reduction and downscaling and format conversion.

A contract between you and Camdy for the purchase of a Product is created as follows;

  • You place the order for a Product on our Services by pressing an order confirmation button at the end of the checkout process;
  • By confirming your order, you are agreeing to purchase the Product you have selected;
  • At this point, we take payment for your order by means of your nominated payment method;
  • We will send to you a “Thanks for your order” email detailing your order for the Product, and other information deemed necessary by us.
  • When the Product you have ordered is shipped to you, we will send you a “dispatch” email.

Please note that Camdy may reject an order in certain circumstances, namely;

  • Your order breaching the requirements to these Terms;
  • The use of Content which infringe our content rules;
  • The use of Content which are corrupted, unsupported technically or inadequately pixelated;
  • The Product you order being unavailable;
  • Our inability to obtain authorization for your payment; or
  • A relevant pricing or Product description error being identified.

If your order is rejected, we will contact you to confirm this and reverse the payment you have made for that order.

Return Policy

Any return of Product is subject to:

  • The return of the Product is due to manufacturing fault, defect or damaged in transit; and
  • The return of the Product shall be delivered to Camdy customer service team within 7 days of its dispatch; and
  • The return of the Product shall be in the original condition.

For the avoidance of doubt, there is no refund policy.

Camdy customer service is at the full discretion to determine the acceptance of the return of the Product. Camdy reserves the right to alter this policy at any time.

Proprietary/Intellectual Property Rights

By sharing your own Content via our Services, you hereby grant to us a worldwide, royalty free, fully paid, perpetual, irrevocable, sub-licensable, transferable, non-exclusive license to use, distribute, copy, modify, publicly remove, publicly display, share, translate, reproduce, commercialize, publish, remove, retain, process, analyze, transmit or distribute, or an equivalent right to use the Content and material. The license under this clause will survive any termination of these Terms or any cancellation, suspension or lapse of the relevant Account.

By sharing the Content through our Services, you represent and warrant that you own all rights in and to the Content shared by you and that you are not breaching or violating any other party’s rights to privacy, publicity rights, copyrights, intellectual property rights including but not limited to trademarks or contractual rights. You also represent that you agree to pay for all royalties, fees, damages, compensation and any other monies occurred and/or owed by reason of the Content you post on or print through our Services.

Our services contain contents that owned or licensed by Camdy (Camdy Content) which are protected by copyright, trademark, trade dress and other laws. Camdy solely and absolutely owns and retains all rights in the Camdy Content and the Services. You should not therefore reproduce, modify, adapt, transmit, sell, capitalize, license and/or exploit the Camdy Content, unless and otherwise consented and permitted by Camdy.

The name and logo are trademarks and copyright of Camdy and should not be copied, imitated or used, in whole or in part, without the prior written consent of Camdy. Further, all custom graphics, headers, button icons and scripts are the service mark, copyright and/or trade dress of Camdy and should not be copied, imitated or used, in whole or in part, without the prior written consent from Camdy.

No Warranties or Representations

Your use of the Service is at your sole risk. Our Services is provided on an (as is) and (as available) basis. We expressly disclaim all representations, warranties, statutory  or common law remedies, of any kind, whether express or implied, to the maximum extent permitted by applicable law, including, but not limited to the implied warranties or merchantability, fitness for a particular purpose compatibility, quality, security, accuracy and non-infringement.

To the maximum extent permitted by applicable law, we make no warranty that (i) our Services will meet your requirements, (ii) delivery of any portion of our Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained  from the use of the Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, (v) any errors in the software will be corrected, (vi) any portion of the Services or any other application provided by us will be of satisfactory quality, fault or virus free or uninterrupted or satisfy any conditions of quality and fitness for purpose.

You will be solely responsible for any damage to you resulting from the use of the Services. The entire risk arising out of us, security or performance of the Services remains with you. No advice or information, whether oral or written obtained by you from us or through the Services shall create any warrant not expressly stated in these terms.

Use of our Services

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. Camdy will not be responsible for any violation of the users or third party rights as set out in these Terms. Therefore it is advisable to contact us at [support@camdy.photo] if you require further assistance.

Limitation of Liability

Information or content provided by other users may contain inaccurate, inappropriate, objectionable, disturbing, controversial or offensive material, information, text, transcripts, graphics, illustrations, photos, pictures, snapshots, images or services and we assume no responsibility or liability for this material.

Your Content must no be illegal, obscene, threatening, defamatory, misleading, offensive, abusive, threatening, controversial, scandalous, invasive or privacy, infringing of intellectual property rights, violate ant confidentiality agreement or other contract or be otherwise injurious to third parties or objectionable and must not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You must not use a false email address, impersonate any person or entity, or otherwise misleads to the origin of the Content. We have the right but not the obligation to refuse to post. remove or edit any posting or submission of the Content. We do not actively monitor the Content and take no responsibility and assume no liability for any Content or for any damage of any kind incurred as result of your reliance thereon.

The Services may contain links or connections to the third party websites or services that are now owned or controlled by us. When you access third party websites or use third part services, you accept that there are risks in doing so, and that we not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

Under no circumstances will we or our directors, officers, managers, members, agents and employees, be liable to you for any loss and/or damage, loss of profits, business interruptions, loss of business information, loss of business opportunity or other pecuniary loss, loss of data or any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses, whether based in contract, tort or otherwise, arising out of or in connection with use of, or inability to use the Services (and any other applications), the provision of or failure to provide technical or other support service, which we license to you, any content delivered to you, whether or not we have been advised of the possibility of such damages or loss.

Camdy has no control over, and assumes no responsibility for, the content, accuracy, authenticity, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition Camdy will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

If there is a dispute between users of Camdy or between users and any third party, you agree that Camdy is under no obligation to become involved. In the event that you have a dispute with one or more other users or any third party, you release Camdy, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

Indemnity

You hereby indemnify and hold harmless, and upon our request, defend us (including our directors, officers, employees and agents), our affiliates (and their respective directors, officers, employees and agents) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable solicitors’ fees and costs) arising out of any claim, action, or proceeding brought or threatened by a third party based on a breach of or alleged breach of any warranty, representation, covenant or obligation by you under these Terms of Service and Privacy Policy (where applicable). You will fully reimburse us and our affiliates on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this clause. You also hereby warrant and confirm that you shall bear and pay on a full indemnity basis all costs, fees, all expenses as may be incurred by Camdy and/or our affiliation on a solicitor and client basis in defending any claim and/or suit and/or action (“Claim”) that may be caused by you and/or caused by your breach of the Terms thereof. In the event of such a Claim occurs, if you have an account, we will attempt to provide notice of the Claim to the contact information we have for your account and shall be deemed a good notification. Failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder. You acknowledge and agree that this clause will subsist and remain in force even you have terminated your account with us.

The Services

We shall use our best endeavours to provide you with a smooth service, but we give no guarantees that our Services will be fault free or uninterrupted. If a fault occurs, you may e-mail us at [support@camdy.photo] and we will try our best to rectify the fault as soon as we reasonably can. In effort of serving you with better Services, we may carry out some repairs, maintenance or introduce some new features to our Services. We will seek to keep such disruption at its minimum.

Assignment & Transfer

You will not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent.

You acknowledge that we may transfer, assign, or delegate these Terms, our rights and obligations as well as our Services to any third party without consent from you. In any event, the use of your account with us will not be affected.

Termination

We reserve the right to terminate this Agreement at any time without assigning any reason and with or without notice to you. You also have the option of terminating your account at any time without penalty. In the event of account termination you will lose all data related to your account including the Content in which we bear no obligation to retrieve the same for you.

Upon termination pursuant to this clause, this Agreement shall and be of no further effect save for Clauses 6, 7, 9, 10 stated above and save in respect of claims arising out of any antecedent breach of this Agreement, and we shall be under no liability to you in respect of this Agreement. We will not be liable to you or to any third party for any failure, suspension and/or termination of access to the Services in any way.

We also reserve the right at any time and from time to time modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Services notwithstanding there is outstanding purchase of Product as provided in Clause 4 above.

Severability

In the event that any or any part of the terms, conditions or provisions contained in these Terms are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent such term, condition, or provision shall to that extent be severed from the remaining terms and conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.

Governing Law

These Terms and the Privacy Policy shall be governed by the laws of Malaysia and the parties agree to submit to the exclusive jurisdiction of the Malaysian courts should conflict arises.

In the event that these Terms and Privacy Policy are translated into other languages and there is any discrepancy between the two language versions, the English language version shall prevail.

Special Admonitions for International Use

Subject to Clause 15, recognizing the global nature of our services, you agree to comply with all local rules regarding online conduct and acceptable Content. You agree to comply with all applicable laws and/or regulations and/or rules and/or ordinances and/or orders regarding the transmission of technical data exported from the country in which you reside.