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Terms & Conditions
Yushan Corporation Sdn. Bhd. with registered office at Lot 1565, Piasau Industrial Estate, 98000 Miri, Sarawak, Malaysia, and company registration number 561674X, hereafter referred to as PRINTOKA or PRINTOKA.COM, owner of the website www.printoka.com, hereafter referred to as WEBSITE, through these Terms & Conditions establishes the rules to be followed by the Contracting Party, that is, the natural or legal persons that access the WEBSITE for online PRINTOKA services. This service is aimed at people who want to print their files in digital format, utilizing the WEBSITE as a basis. By accessing the SITE, as well as by contracting the purchase of products and / or services, the Contracting Party agrees to all the terms and conditions hereof.
The object of these Terms & Conditions is to establish the rules and regulations for the access to the WEBSITE, for customers that registers to make purchases of online printing services through the WEBSITE.
For the Contracting Parties who access the WEBSITE, PRINTOKA, in addition to the various information contained in the WEBSITE, will offer services of online PRINTOKA.
The WEBSITE can be accessed by natural or legal persons. With respect to individuals, to perform any type of service contracting, the Contracting Party should be older than 18 (eighteen) years of age, or, if less they shall be represented by their parents, tutors or guardians.
The WEBSITE may be used by natural or legal persons, nationals (Malaysian) or foreigners, making clear that, as the business will be carried out in national territory, the current country´s legislation will apply to resolve any cases of doubts or conflicts.
The WEBSITE´s home page, as well as the other pages, can accessed without any need for registration and password. However, for the purchase of any services, it is necessary for the Contracting Party to fill in the REGISTRATION and enter the registration information.
PRINTOKA will periodically check the customer registration data and will exclude the registrations containing false or incorrect information.
The Contracting Party, in accordance with the Terms & Conditions, agrees to provide true, accurate, current and complete information about himself, as well as to maintain and immediately update such registration information to keep it true, accurate, current and complete.
The Contracting Party hereby states, that all data provided are true.
The Contracting Party is aware that accessing the WEBSITE or hiring its services through its email address or username and password, automatically implies that the Contracting Party is assuming full responsibility for its actions.
If any information provided by the Contracting Party is false, inaccurate, out of date or incomplete, or if PRINTOKA found enough reasons and grounds to suspect that such information could be untrue, inaccurate, out of date or incomplete, PRINTOKA will be entitled to immediately suspend or terminate, regardless of notification, the purchase request by the Contracting Party, as well as any future service hiring thereof.
The Contracting Party shall inform its electronic address (email address) to be used in the WEBSITE and to receive the messages arising from his registration on the mentioned WEBSITE. The Contracting Party will be fully responsible for any activity that may occur within his registration. The electronic address provided by the Contracting Party will be used to identify him.
The Contracting Party agrees to immediately notify PRINTOKA of any unauthorized utilization of his login into the WEBSITE (Contracting Party´s WEBSITE access identification is done by filling in the personal email address or username and password), or any other security leak of his knowledge. The Contracting Party also agrees not letting the personal registration opened on any computer after having entered the WEBSITE with his email address, thus preventing unauthorized use by third parties.
It is part of PRINTOKA´s policy to respect the privacy of its Contracting Parties. Therefore, the WEBSITE will not monitor, edit, access or disclose private information of the Contracting Parties without their prior authorizations, except in the cases previously provided in the Terms & Conditions, or unless PRINTOKA is being required by court or by law enforcement.
The registration of the Contracting Party on the WEBSITE is free.
The Contracting Party shall make his own registration on the WEBSITE, making himself responsible for the correctness and accuracy of the informed data, and should keep the environment of his computer safe using the available tools such as anti-virus and firewall, among others, updated, as a way to contribute to the prevention of electronic risks on the Contracting Party´s side.
The products will be delivered to the address provided by the Contracting Party at the moment of the request, and will be charged with the freight costs according to the WEBSITE’s information.
During the order confirmation, the Contracting Party will be informed about the total price of the products and freight charges if any, and this is the value that will be considered valid for the purposes of the obligations assumed and established in the purchase transaction.
During the order confirmation, the available payment methods for the products acquired by the Contracting Party will be displayed on the WEBSITE.
The payment deadline will always be immediate for bank transfer, and can be immediate or installment payments (where applicable) for credit card payment method. The service and its delivery will be made only after payment confirmation. If payment is not made, or the transaction is rejected for any reason, the respective order will be canceled. In case of bank transfer, the Contracting Party shall provide a transfer confirmation.
The deadline for the production of the requested products will depend on successful payment confirmation and correct submission of the file by the Contracting Party. Shipping time is not included within production deadline and is the risk of the Contracting Party.
Delivery will be made by post or private carrier, on business days and during working hours, as to the request of the Contracting Party, and will be delivered to the Contracting Party or to another person at the address indicated by the Contracting Party, provided it has not been expressly disallowed by the Contracting Party. With the signing of delivery note, the products will be considered perfectly delivered as requested.
The Contracting Party must properly fill the delivery data to avoid any delays.
After having paid for the ordered products, the Contracting Party will no longer be able to withdraw from the purchase agreement, as the product is fully personalized and specially designed for him, which is the reason why, if the Contracting Party ever wants to withdraw from the purchase agreement, he will not receive any refund of the paid amount. If the production of the ordered products has not been initiated yet, a voucher of the paid amount will be generated, deducting any expenses incurred.
PRINTOKA´S RIGHTS AND RESPONSIBILITIES:
PRINTOKA reserves itself the right to, at any time, carry out marketing promotions. The promotions will always be valid during a specified period and may be canceled at any time, at PRINTOKA´s discretion.
Any problems related to the requested products shall be solved by the Contracting Party directly with PRINTOKA. The Contracting Party acknowledges to be fully aware that the WEBSITE constitutes a mere instrument of promotion of the services, where the information for carrying out this commercial operation is presented.
PRINTOKA reserves the right not to perform services in case files contain pornographic, discriminatory, profane or offensive content, which may go against moral and decent manners, as well as could generate compensation claims or harm third parties, or that may constitute crime or misdemeanor.
The Contracting Party is aware and authorizes PRINTOKA to make copies of the files sent by him, if it is necessary to carry out the work and fulfill the obligations. PRINTOKA will take the normal precautions that the digital files sent by the Contracting Party are not accessed or disseminated by third parties or to third parties. However, the Contracting Party acknowledges that when sending this file, it could be subject of interception by third parties or by the action of hackers, in which case PRINTOKA cannot be held responsible because these are unforeseeable circumstances
PRINTOKA´s responsibility is limited to the completion of the service, its production within the agreed deadlines and conditions, as well as with the agreed quality standard. PRINTOKA will not be responsible for any other expenses, whether direct or indirect, including losses and damages, fees or compensations, etc.
The Contracting Party will have the responsibility of making sure that the uploaded files are in full compliance with the technical specifications contained in the pages of the WEBSITE, and it is the responsibility of the Contracting Party to prepare the files and verify the technical specifications.
The Contracting Party acknowledges and agrees that the content of PRINTOKA, including but not limited to texts, software applications, music, sound, photographs, graphics, videos or any other material may be protected by trademarks or patent copyrights or other intellectual property rights.
The Contracting Party acknowledges and agrees that he may only use such materials and information as expressly authorized by the respective owner or by those entitled to do so, and is not allowed to copy, reproduce, transmit, distribute or create derivative works based on such materials or information without express permission of the respective owner.
The Contracting Party exempts PRINTOKA, its directors and employees from any losses, expenses, claims or complaints incurred by any third party or suffered by PRINTOKA related to or as a result of any use or transmission that may occur under the email address and password of the Contracting Party (Contracting party’s log-in into the WEBSITE) and that violates the terms of service offered/requested, any local, national or international applicable laws or regulations, or any rights of third parties, notwithstanding any damages arising .
PRINTOKA will be entitled to cancel the access of the Contracting Parties to the offered services as a whole or partially, at any moment, with or without cause, with or without previous notice, at the sole discretion of PRINTOKA.
If the Contracting Party wishes to terminate its registration, he shall simply send an email to PRINTOKA´s support email address.
PRINTOKA reserves itself the right to modify or discontinue the offered services, without notifying the Contracting Party.
PRINTOKA can send promotions notices and information about new services, etc. This communication may be done by direct mail, telephonic contact, cellular phone contact, email, SMS, MMS, and other means that may be available.
PRINTOKA can modify the Terms & Conditions, and the technical specifications of each product. The purchase of products by the Contracting Party after those modifications have been made will be considered as agreement with the changes made.
The information provided by the Contracting Party will only be used for the registration, legal purposes, tax purposes, and purposes of these Terms & Conditions, so PRINTOKA commits not to use this information for any other purposes, and also not to disclose it to general public, unless required by judicial decision.
However, PRINTOKA can use the information provided by the Contracting Party for statistical purposes.
In case of changes of any of the registration data provided by the Contracting Party, these should be immediately updated or the Contracting Party will be responsible for injuries or damages that could be caused to PRINTOKA or to third parties as consequence of the lack of updating of the registration data, which could result in incorrect delivery, or failure to deliver, among others.
The Contracting Party will be responsible for any damage that PRINTOKA may incur as a result of the non-compliance or irregular compliance with these Terms & Conditions, as well as for any damage it may cause to others.
QUALITY ASSURANCE AND CLAIM POLICY:
PRINTOKA will not be liable, in case that the content of the uploaded files had text editing problems, names, phone numbers, spelling mistakes or other items that compose the art, and do not follow the quality guidelines suggested on the WEBSITE for a perfect production.
PRINTOKA ensures the reprinting of the files sent if any defects exclusively related to the printed process were proven.
PRINTOKA does not warranty for the fidelity of the colors. The prints may exhibit varying intensity and color hue, compared to the computer screen or proof, as well as with regards 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 color deviations compared to a different order. The tolerance limits in the cuts or folds, finished shapes for all products is of maximum 3mm variation.
There may be variations of up to 10% in the colors of the first and last prints of the same file in the same batch, which does not constitute a print defect.
Orders can be printed with up to 10% variation in size.
If during screening it is found, for whatever reason, that the material loss was less than 30%, no reprinting will be made. Reprinting will be made only when the lack of material is more than 30% of the total amount.
In all cases, the total return of the defective material is mandatory so as to proceed with the reprint.
The deadline for the production of reprints is the same as for the previously selected production method.
The time limit for claims of eventual defects is of 10 days following the date of completion of the production, except for claims about the order amount which has to be claimed at the moment of delivery. We do not accept any claims after this deadline.
We will not reprint because of paper stiffness.
PRINTOKA provides only services and graphic products for promotional purposes. The Contracting Party declares that the products will not be resold in the market.
When purchasing products via the WEBSITE, the Contracting Party shall declare, that he is the owner of the file and the rights attached thereto and, therefore, is expressly authorized, and if case the work has be authorized, such authorizations have been properly obtained, and that the services will not be utilized to alter the reality of the facts and thus harm others, whether in litigation or any other context.
PRINTOKA provides a secure technological environment. The communication between the Contracting Party´s computer and PRINTOKA´s computer during the process of registration and/of modification of registration data and password submission utilizes a SSL (Secure Sockets Layer) protocol.
These Terms & Conditions constitute the entire agreement between the involved parties and supersedes any other agreement previously signed.
The Contracting Party commits not to use images of other Contracting Parties, whether violating the security system or not, under penalty of civil and criminal liability for caused damages.
All notifications to any of the involved parties must be written, via email or conventional mail. PRINTOKA will be entitled to disclose notifications or messages through the WEBSITE to inform the Contracting Party of any changes in the services or terms of services, or in any other relevant matters.
The WEBSITE will present the services available, displaying each product’s price according to the Contracting Party’s configuration preferences, and the Contracting Party will select the type of service desired. Price information may be altered without previous notice, and will be considered valid information at the moment of the service request. For this reason, the Contracting Party shall always consult the final value updated on the WEBSITE, which will be included at the time of the order placement.
The WEBSITE will only carry out services coming from digital files, being clear that the Contracting Party, for this purposes, should have Internet access at its own risk.
PRINTOKA reserves itself the right to change- at any moment- the provisions included here, through WEBSITE.
PRINTOKA is the owner of the trademark, and trademark logo used in this WEBSITE, being guaranteed all the rights thereon.
Additionally, PRINTOKA is the holder of all information, documents, images, and materials contained within the WEBSITE. Therefore, the reproduction or storage of these materials will subject the Contracting Party to legal penalties.
This agreement does not constitute any form of society, association, partnership in fact or law between parties, or indicate existence of any solidarity between the parties, and not being any of them authorized to represent or assume obligations one on behalf of the other.
With the purchase order on the WEBSITE, this contract begins, demonstrating that the Contracting Party accepts the Terms & Conditions stipulated herein, which shall be observed and followed by the Contracting Party until the delivery of the goods and until the due payment is made. The full payment of the requested purchase order will end the contract.
The terms of service and the relationship between the parties will be regulated and interpreted in English language and in accordance with the laws of Malaysia.