Terms and Conditions
- Your session allows you to order for more than one child at a time.
- To benefit from the free 3rd child promotion, you have to contact us.
- Your child's group picture is delivered to his/her teacher who will distribute it free of charge, one copy per student (primary school and daycare). For high school, the group photo is included with the purchase of your package. Group pictures are distributed only in cases where a group picture was taken.
- You have 2 to 3 additional days after the date indicated on your label to order online without any additional fees. Afterwards, shipping fees will be charged and your order will be automatically delivered on the address you have written before the payment. The applied handling and transport fees will include any late fees.
- For digital files, the late fees are of 5.00$, and no shipping fees apply.
- Make sure your order is accurate before you confirm (e.g. the pose, the background and packages are correct) as no exchange or reimbursement will be issued.
- Prices on this website do not include taxes, they will be calculated at the end of the order.
- During high season (September to December), digital files are shipped within 3 to 5 business days. Prints are shipped within 10 business days if you chose the postal delivery option. If you chose the Back to School option, you received the high season will be fulfilled within 4 to 6 weeks and a late fee of minimum 5$ will be applied.
Agreement with PHOTOSF
- This website is provided by PHOTOSF, under the condition that there’s an acceptance of the Terms and Conditions of Use set out below (The Terms and Conditions).
- By utilizing the content on this site, you agree to accept and abide by these Terms and Conditions for each use and visit you make to this site. If you do not agree to abide by these Terms and Conditions, you should not use this Site or use content from this site. These Terms and Conditions apply exclusively to your access and use of this site and do not modify the terms or conditions of any other agreement you have made with PHOTOSF. In the event of any inconsistency between the Terms and Conditions and any other agreement you have agreed upon with PHOTOSF, that other agreement shall prevail, but only to the extent of such inconsistency.
- PHOTOSF has the right, in its sole discretion, to increase, withdraw, modify, or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Changes will take effect once notice is given on this site. Please check these Terms and Conditions frequently to see if they have been updated with reference to the "Last Updated" date shown at the top of this document. If you find any modification unacceptable, you must stop using this Site immediately. Your continued use of this Site or use of Content from this site after such changes have been announced will constitute your acceptance of those same changes.
Modifications to the Site
PHOTOSF may terminate or modify, suspend or discontinue any aspect of this Site, including
- change the availability of any of its features, at any time, without notice or liability; ;
- ii. modify the fees or charges for using the Site, including establishing new or increased fees or charges for the use of the Site or for any other service related to the Site (The « Services ») ”) or either the functions performed by these Services;
- iii. remove, augment, modify or otherwise change the Content on or from this Site; or
- impose limits on certain features and Services or limit your access to parts or all of this Site without notice or liability for any reason. PHOTOSF reserves the right, but is not bound to do so, at its sole discretion, to correct any error or omission included in any part of this Site, at any time, without notice, but is not bound to do so.
Permitted and prohibited uses
- The Site may only be used for legal purposes by individuals interested in obtaining school photography services. You agree to use the Site only for the purpose of making online purchases.
Subject to these Terms and Conditions, PHOTOSF grants you a limited, non-exclusive and
non-transferable right to access, use and view this Site and its contents, for your own
personal purposes only, provided, however, that you abstain to, nor allow others to, directly or indirectly:
- remove from any copy of the downloaded Content any copyright notices or other proprietary rights contained in the Content;
- to sell, reproduce, modify or attempt to modify the Content in any way or to reproduce them or else to display, perform or distribute them publicly or otherwise use them for any public or commercial, including but not limited to the use of Content on another website;
- to transfer the Content to another person without the written consent of PHOTOSF;
- print or copy any of the HTML or other computer programs accessible from this Site;
- to use the Site in a manner that could damage, render unusable, overload or damage this Site;
- interfere with the security of or otherwise abuse this Site or the Services, system resources, accounts, servers or networks connected to this Site or to sites of the same group or sites interconnected or accessible by the through the latter;
- disrupt or interfere with the use or enjoyment of this Site;
- upload, display or otherwise transmit on this Site any document that would have a negative effect on the operation of the Site, including, in particular, computer viruses, Trojan horses, worms or other harmful files or computer programs,
- disruptive or destructive behavior, or which places an unreasonable or disproportionate load on the infrastructure of this Site;
- to use a robot or other automatic program or device, or manual processes for the purpose of monitoring, copying or summarizing information from this Site or the Content, in whole or in part, or otherwise extract therefrom this information;
- to use or attempt to use the account, password, service, system or other information of another person without the prior written permission of PHOTOSF;
- to attempt to gain unauthorized access to this Site or to parts of this Site that are not for general access;
- to transmit on, from or to this Site, to transmit to this Site or from this Site spam, chain letters, or any other type of unsolicited mass e-mail;
- harvest or otherwise collect information about other people without their consent; or
- register an email address that you do not own or have not expressly authorized by the owner to register.
PHOTOSF reserves the right at all times to:
- Disclose any documents you have provided to the extent necessary to comply with any law, regulation or government request;
- To suspend or close, temporarily or permanently, any account of a user who does not act in accordance with these Terms and Conditions or to restrict their access to the website, without notice;
- To suspend, block or cancel any user account until full payment of all amounts due for the purchase of photos;
- Suspend the user's participation, or even withdraw their user status temporarily or permanently if the latter, directly or indirectly, acts in such a way as to scare away other users;
- Access the accounts of Users of the Site, in particular when a complaint has been received from another user or when a problem occurs in any system. The ultimate goal of these interventions is to ensure the proper functioning of the site or to ensure the protection of PHOTOSF, users or non-users.
Registration and password
- You are responsible for maintaining the confidentiality of your registration information and password. You will be responsible for all uses made of your recording, whether or not you have authorized them. You agree to immediately notify PHOTOSF of any unauthorized use of your registration or password.
- This Site, including all Content, is protected by copyright laws and treaty provisions both in Canada and internationally. You agree to comply with all copyright laws internationally in your use of this Site and to prevent unauthorized duplication of the Content. PHOTOSF does not grant you any express or implied right or license under any intellectual property right; including under a patent, trademark, copyright, trade secret or confidential information, of PHOTOSF.
Trademarks and related rights
- The service marks, company names and logos used on this Site may be trademarks, including registered trademarks of PHOTOSF. These service marks, company names and logos of PHOTOSF may not be copied, imitated or used, in whole or in part, without the prior written consent of PHOTOSF. Other service marks and company names mentioned on this Site may be the trademarks of their respective owners.
- The Services, methods and processes of PHOTOSF may be covered by one or more patents or other intellectual property rights provided for by law, and are subject to industrial secrecy and other property rights. PHOTOSF reserves all of these rights.
Links and Content developed by independent companies
- Certain links on this Site may take you to other websites. PHOTOSF provides these links for convenience only. These interconnected sites are not necessarily under the control of PHOTOSF. If you use these sites, you will leave this Site. If you decide to visit an interconnected site, you do so at your own risk and it is your responsibility to take all necessary protective measures to guard against viruses and other destructive elements.
- PHOTOSF is not responsible for the content of any such interconnected page if any other page beyond its control. PHOTOSF makes no representations or warranties about or endorses interconnected websites, the information that appears therein, or any of the items or services described therein. The presence of links does not indicate that PHOTOSF is sponsoring, endorsing or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed on the links or accessible through them or that it is affiliated or associated with it, or that an interconnected site is authorized to use any trademark, trade name, logo or copyright symbol of PHOTOSF.
Disclaimer and prohibition
- You acknowledge that you use this Site at your own risk. PHOTOSF makes no representations or offers any warranty of any kind whatsoever concerning the Site or the Content, including with respect to information provided by legal and other advisers, all of which is provided to you " AS IS ". PHOTOSF DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY. PHOTOSF DOES NOT GUARANTEE THAT THIS SITE WILL CONTINUE TO OPERATE, THAT IT WILL OPERATE UNINTERRUPTED, OR THAT IT WILL BE ERROR-FREE. In addition, the sale or transfer of a user account is strictly prohibited. PHOTOSF will not assume any responsibility for any account used fraudulently other than directly through its fault or in a manner contrary to these Terms and Conditions and reserves the right to suspend or cancel any account so used, without notice.
- YOU AGREE THAT PHOTOSF SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, OR INCIDENTAL DAMAGES OR ANY OTHER DAMAGES (INCLUDING, WITHOUT PARTICULAR, DAMAGES FOR COMMERCIAL INJURY, LOSS OF INFORMATION, PROGRAMS OR DATA, LOSS OF SAVINGS, LOSS OF REVENUES), WHICH RESULT FROM THE USE OF THIS SITE OR AN INTERCONNECTED THIRD PARTY WEBSITE OR LINKED TO IT, OR RESULTING FROM THE INABILITY TO USE THIS SITE, THE MATERIALS, ANY CONTENT PROVIDED OR ANY INTERCONNECTED WEBSITE OF OR FROM A THIRD PARTY, EVEN IF PHOTOSF OR THIS THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR OF SUCH A LOSS. In any event, you agree that PHOTOSF's total liability for such damages will be limited to one hundred dollars ($100).
- The limitations of liability as well as the disclaimers included in these Terms and Conditions apply regardless of the form of the action, whether under contract, warranty, civil liability, tort, quasi-tort, strict liability, negligence or other tort, and remain in force despite one or more breaches of fundamental obligations, a breach of the essential purpose of the contract or a breach related to an exclusive remedy.
- PHOTOSF reserves the right to suspend the operation of the site for maintenance, system failure, inventory shortage or any other reason at PHOTOSF's sole discretion.
- You agree to defend and indemnify PHOTOSF, the Users of its group, as well as each of their officers, directors, employees and agents, including all third parties mentioned on the site, and to hold them harmless against all claims , actions or requests, including, without limitation, reasonable legal and accounting fees, allegedly attributable to your use of the Site and the Content or your violation of these Terms and Conditions or resulting therefrom.
- This Site is controlled, operated and administered by PHOTOSF from its offices located in Canada. PHOTOSF makes no representation or offers any warranty that the materials on this Site are appropriate or available for use in locations outside of Canada. If you access this Site from outside of Canada, it is your responsibility to comply with all local laws. You may not export Content accessible through this Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted and governed by the laws in force in the province of Quebec, without taking into account its rules on conflicts of laws, except in the event of prohibition under the mandatory provisions of the laws applicable in your territory. Except with respect to any matter relating to the enforcement of intellectual property rights and the protection of confidential information, the parties agree that any action, suit or proceeding arising out of or related to these Terms and Conditions shall be introduced in the district of Hull or, if no jurisdiction exists, in Quebec. Each party hereby agrees to submit to the jurisdiction of the courts of Quebec and to waive any objection based on the place of such action, suit or proceeding. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
- All disputes arising from these Terms and Conditions, their execution, violation, application, existence or validity, including the failure of the parties to come to an agreement with respect to the matters provided for in these Terms and Conditions and all contentious points concerning the rights and obligations of the parties, which cannot be resolved amicably, even if only one of the parties declares that there is a dispute, will be submitted to compulsory arbitration private and confidential arbitration and settled definitively by a single arbitrator, arbitration which will take place in the district of Hull (Quebec) in French and which will be governed by the rules of arbitration of Quebec. The arbitrator should be a person who has received legal training and experience in the information technology industry in Canada and who is also independent of either party.
- Notwithstanding the foregoing, either party may seek to protect intellectual property rights and confidential information through injunctions or other equity-based remedy through the courts.
- PHOTOSF reserves the right to refuse or withdraw access to any person to the Website if that person acts contrary to these Terms and Conditions, or in a fraudulent or unfair manner towards other users. This person could be handed over to the competent judicial authorities.
- All content on the Website is authentic and conducted without any fraud. The rules applied by PHOTOSF are those provided for in these Terms and Conditions.
Returns and Refunds
- PHOTOSF adopts a satisfaction guarantee or money back policy. If you are not satisfied with your order and/or product (damaged photos, lighting problems, etc.), our customer service will be happy to find a solution with you. We may ask you to return the damaged order for quality assurance purposes. Please note there are no refunds for digital files already delivered.