Terms

PEPEA STUDIO

TERMS OF SERVICE FOR MEMBERS

LAST UPDATED: NOVEMBER 22, 2019

 

INTRODUCTION

Welcome to the Pepea Studio, which is operated by Envisage Solutions Limited, a private limited company based in 6th Floor, Woodlands Business Park, Kiambere Road, Nairobi, Kenya (“Pepea Studio”, “we” or “us”). We provide our users with a Website where users can browse through a wide range of verified printing studios (“Listed Printing Studio(s)”), choose a Listed Printing Studio of your choice and budget, securely share pictures with Listed Printing Studio through the Website, pay for the printing services through the Website and get the printed photos delivered at your doorstep by Listed Printing Studio (the “Services”).

The Services are provided through Listed Printing Studio via www.pepeastudio.com (the “Website”), subject to these terms and conditions, which also incorporate our Privacy Policy, and any other guidelines, rules or operating policies that Pepea Studio may establish and post on the Website from time to time (collectively the “Agreement”). The terms define the terms and conditions under which you’re allowed to use the Services and Website, and how we’ll treat your account while you’re a Member.

As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this agreement (or “you”). Members acknowledge that the Services are provided through Listed Printing Studio and Pepea Studio acts as a middleman and does not perform any part of the Service.

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

1  ACCOUNT

1.1 In order to use Pepea Studio, you must 1) be at least eighteen (18) years old and able to enter into contracts; 2) complete the registration process; 3) agree to the Terms including our Privacy Policy; and 4) provide true, complete, and up to date legal and contact information. If you sign up for Pepea Studio on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

1.2  By using Pepea Studio, you represent and warrant that you meet all the requirements listed above, and that you won’t use Pepea Studio in a way that violates any laws or regulations. Pepea Studio may refuse service, close accounts of any users, and change eligibility requirements at any time.

1.3  You can create a Website account through your account with certain third-party social networking services such as Facebook, Google (each, an “SNS Account”). If you choose the SNS Account option, we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.

2  TERM

2.1 The Term begins as soon as you access the Website and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms.

3 ACCOUNT AND PASSWORD

3.1 The Services are provided to You via dedicated account on the Website. Every account is linked to a separate user.

3.2 You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts.

3.3 We’re not responsible for any losses due to stolen or hacked passwords.

3.4 We don’t have access to your current password, and for security reasons, we may only reset your password.

4 USE OF WEBSITE

4.1 If You opt to purchase any Services offered by Listed Printing Studio on the Website, you will be asked to supply certain information applicable to Your purchase, including without limitation, delivery address, printing specifications, payment and other information (“Order”). Any such information will be treated as described in Our Privacy Policy.

4.2 All Order information that you provide to us, Listed Printing Studio or our third-party payment processor must be accurate, current and complete. You agree to pay all Order charges incurred by you at the prices in effect when such charges are incurred.

4.3 You will also be responsible for paying any applicable taxes relating to your Order(s). Verification of information applicable to an Order may be required prior to our acceptance of any order. Price and availability of any products or services on the Website are subject to change without notice.

4.4 Unless otherwise specifically agreed to, delivery of the Order goods shall be made through Mzizzi to the address provided by you during the registration process. Time for delivery is an estimate only and it is not a condition of this agreement. You shall make all arrangements necessary to take delivery of the Order goods whenever they are tendered for delivery. Title and risk in the Order goods shall pass to You upon delivery of the Order goods to Mzizzi. You shall have full rights claim from Mzizzi or any other agency opted by you for delivery, in cases where there are loss or damages in transit.

4.5 The colour and contrast reproduction of photographic images on photo books, mugs, mouse mats and other photo gifts generally as compared to those on a computer screen or previously printed on photographic paper differs depending upon the setting of the monitor. Moreover, colour and contrast tastes are different regionally and individually. Therefore, we cannot guarantee to match the individual expectation. You shall not be eligible for refund amount paid on account of quality issues pertaining to these issues. In the event of any dispute or discussion arising out of such issues, the decision or view taken by the Pepea Studio shall be final and binding upon you.

5 INTERACTION BETWEEN MEMBERS AND LISTED PRINTING STUDIO

5.1 Pepea Studio provides a Website for exchanging information between Members and Listed Printing Studio. Pepea Studio does not represent the Listed Printing Studio or the Member in any transactions. Pepea Studio does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale by Listed Printing Studio via the Website or the ability of the Listed Printing Studio to complete a sale or the ability of Members to complete a purchase. Members are cautioned that there may be risks of dealing with foreign nationals or people acting under false pretences. Pepea Studio cannot and does not confirm each Listed Printing Studio’s purported identity.

5.2 Members acknowledge that Members fully assume the risks of Order, purchase and sale transactions when using the Website to conduct transactions, and that Members fully assume the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Website.

5.3  Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered may violate or may be asserted to violate Third Party Rights, and the risk that you may incur costs of defence or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by Members of the Website as a result of purchase and sale transactions in connection with using the Website may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as “Transaction Risks”.

5.4  Members agree that Pepea Studio shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks. Pepea Studio are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Website. In the event of a dispute with any party to a transaction, Members agrees to release and indemnify Pepea Studio (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.

5.5 Members may use the content/features on Website solely for their personal or internal purposes. Members agree that they will not use Website database and/or services to send junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Further, as a Member, Members will not use the Website to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.

5.6 After the Order between a Member and Listed Printing Studio is completed, the Member will have an option to leave a feedback and rating on the Order which will reflect the quality of services provided by the Listed Printing Studio. Members acknowledge and agree that any comments, ideas and/or reports provided to Pepea Studio (“Feedback”) shall be the property of Pepea Studio and Members hereby irrevocably transfer and assign to Pepea Studio such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.

5.7 Pepea Studio reserves the right to add/modify/discontinue any of the features offered on the Website.

Include a clause on the studios responsibility to meet their tax obligations with the kenya revenue authority

6 CANCELLATION AND REFUNDS

6.1 We do not provide refunds to your original payment method if you cancel the Order, instead, we provide refunds in the form of store credits which can be used only on the Website provided that such cancellation is made within 48 hours after placing the Order.

6.2  We provide refunds to your original payment method under these circumstances only, Member(s) shall not be entitled to a refund under any other circumstances (subject to the sole discretion of Pepea Studio):

6.2.1 Member received a faulty or incorrect Order; or

6.2.2  The Listed Printing Studio refused to take your Order or cancelled the Order after the payment has been made.

7  YOUR AND THIRD-PARTY CONTENT

7.1  Some of the content displayed on the Website is provided or posted by third parties or Listed Printing Studio. Pepea Studio in such case is not the author. Any Third-Party content is the sole responsibility of the party who has provided the content. Pepea Studio is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third-Party content, and shall not be liable to any Member in connection with his/her reliance on such Third-Party content. In addition, Pepea Studio is not responsible for the conduct of other Members’ or Listed Printing Studios’ activities on the Website and shall not be liable to any person in connection with any damage suffered by any person as a result of any such conduct.

7.2  Members hereby grant an irrevocable, perpetual, worldwide and royalty-free, sub-licensable license to Pepea Studio to display and use all information provided by them (including pictures and photos in digital form) in accordance with the purposes set forth in agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any form of media, third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Website, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Website (hereafter referred to as “Third-Party Rights”).

7.3  Members hereby represent, warrants and agree that Members shall be solely responsible for ensuring that any material or information you post on the Website or provide to Listed Printing Studio or authorize Pepea Studio to display, does not violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights.

7.4  Members hereby represent, warrant and agree that information submitted to Listed Printing Studio or Pepea Studio will not:

7.4.1 Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;

7.4.2 Be part of a scheme to defraud others or for any other unlawful purpose;

7.4.3 Relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party’s copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third-Party Rights;

7.4.4 Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising;

7.4.5 Be defamatory, libellous, unlawfully threatening or unlawfully harassing;

7.4.6 Be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;

7.4.7  Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

7.4.8  Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone’s privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;

7.4.9  Contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;

7.4.10 Link directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law; or

7.4.11 Otherwise create any liability for Pepea Studio or its affiliates.

7.5  Pepea Studio reserves the right in its sole discretion to remove any material/content/photos/offers submitted by you which it reasonably believes is unlawful, could subject Pepea Studio to liability, violates the terms and conditions and/or Agreement or is otherwise found inappropriate in Pepea Studio’s opinion. Pepea Studio reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.

7.6  In connection with any of the foregoing, Pepea Studio may suspend or terminate the Account of any Member as Pepea Studio deems appropriate in its sole discretion.

7.7  Pepea Studio acts as a content integrator and is not responsible for the information provided by Listed Printing Studio to be displayed on the Website. Pepea Studio do not have any role in developing the Listed Printing Studio’s content.

Include a clause that customers may rate the studio using a 5 start rating and that the same maybe displayed to shoppers etc and absolve pepea studio from any loss of business etc due to the ratings.

Also include a clause to indicate that as part of registration, official documents on the studio business will be requested, including but not limited to. Certificate of Registration/Business name registration cert, KRA pin, trading license.

8 INTELLECTUAL PROPERTY RIGHTS

8.1  The Services and Website contains Intellectual Property of Pepea Studio in the form of website content, graphics, videos, audios, text and any other digital content (“Website Content”). This is an Agreement for the Services, and you are not granted a Licence to any Website Content under this Agreement. Except to the extent that applicable laws prevent Pepea Studio from doing so, you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or the Website or Website Content; (ii) remove any proprietary notices or labels from the Website Content; reproduce or copy the Website Content or any part thereof; (iii) modify, translate, or create derivative works based on the Website Content; (iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Website Content; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Services; or (vii) allow third parties to gain access to the Services or to Website Content in any manner other than as expressly permitted in this Agreement.

8.2  The Services shall be used for your own personal purpose only and you shall not use the Services or any Website Content for commercial benefit.

8.3  You acknowledge and agree that the Services, the Company names and logos and all related product and service names, design marks and slogans, and all other material comprising the Services, are the property of Pepea Studio or its affiliates or suppliers (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/ or other intellectual properties are owned by Pepea Studio or by other parties that have licensed their material to Pepea Studio. You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Pepea Studio. Your use of the Services confers no title or ownership in the Services or the Marks and is not a sale of any rights in the Services or the Marks. All ownership rights remain in Pepea Studio or its third-party suppliers, as the case may be.

8.4  You acknowledge and agree that any comments, ideas and/or reports provided to Pepea Studio (“Feedback”) shall be the property of Pepea Studio and you hereby irrevocably transfer and assign to Pepea Studio such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.

9 PRIVACY POLICY

9.1 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to Pepea Studio. Pepea Studio may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Services, or to communicate separately with you.

9.2  We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

10 LIMITATION OF LIABILITY

10.1  To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team shall not be held liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service.

11 NO WARRANTIES

11.1  To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.

11.2 From time to time downtime, either scheduled or unscheduled, may occur. Pepea Studio will work within reason to ensure this amount of downtime is limited. Pepea Studio will not be held liable for the consequences of any down time.

11.3 Pepea Studio cannot guarantee that Website Content or Content available for download and/or execution from or via the Services is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all files associated with the Services, and you release Pepea Studio entirely of all responsibility for any consequences of its use.

12 INDEMNITY

You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.

13 ASSIGNMENTS

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

14 CHOICE OF LAW

Laws of the Kenya will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the courts in, Kenya, and each party will be subject to the jurisdiction of those courts.

15 FORCE MAJEURE

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

16 SURVIVABILITY

Even if this Agreement is terminated, the following sections will continue to apply: Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

17 SEVERABILITY

If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

18 INTERPRETATION

The headers are provided only to make this agreement easier to read and understand.

19 AMENDMENTS AND WAIVER

Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service. The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

20 NOTICES

Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us at: talktous@pepeastudio.com or any addresses as we may later post on the Website.

21 ENTIRE AGREEMENT

These Terms, our Privacy Policy, and any Additional Terms you’ve agreed to make up the entire agreement and supersede all prior agreements, representations, and understandings.