Terms of Use

Welcome to Black Forest Creative, an online publishing service provider that provide the tools (“Software”) and services for you to create personalised items (“Products”) such as photobooks, invitations, calendars, etc. Our site www.karaprints.com and our family of brands – Bukku Photobooks, Kobi Invitations, Kara Prints, and Kobi Black (“Site”) is operated by Black Forest Creative (“Us”, “We”, “Our”). This Terms of Use should be read in conjunction with our Privacy Policy shown on our Site.

Please read these terms of use carefully before you start to use our Site. By using our Site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from accessing our Site.

1. ELIGIBILITY

If you are under the age of 18, you must have the explicit permission of your parent/s or guardian. You represent and warrant that all required information you provide is truthful and accurate.

2. USE OF OUR SITE

You may access and use our Site solely for your personal and non-commercial use.

You must not use this website in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site and our services or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities such as but not limited to scraping, data mining, data extraction, data harvesting, iframes, or article spinning on or in relation to our Site without our express written consent.

You must not use this Site or any part of it to transmit or send unsolicited commercial communications.

You must not use this Site for any purposes related to marketing without the express written consent from us.

3. LINKS TO AND FROM OUR SITE

You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

If you wish to make any use of material on our Site please leave a message through our live chat.

We may provide hyperlinks to third party web sites, such links are not an endorsement by Black Forest Creative of any products or services provided on or via such web sites. The use of such links is entirely at your own risk and we accept no responsibility or liability for the content, use or availability of such web sites. We have not, or obligated to, verify the truth, accuracy, reasonability, reliability, and completeness of any content of such web sites.

4. CONDITIONS OF SALE

You can order our products through our free Designer software, downloadable from our Site. You will be required to provide personally identifiable information and full payment before we can process your order. No order shall be deemed accepted by us until we have sent you an order confirmation. If you have not receive our electronic confirmation within 2 (two) days, please leave us a message via our live chat.

We reserve the right to accept, modify, or reject any order for any reason whatsoever and in whole or in part, including if adequate facilities or resources are not available to fulfil your order. If we reject your order (or part of your order), any money paid by you in relation to the rejected part of that order shall be refunded and we shall have no further liability to you in relation to the rejected part of that order.

We reserve the right to withdraw or amend the products and services we provide on our Site without notice or explanation. Prices and specifications are subject to change. We will not be liable if for any reason our Site or services are unavailable at any time, or for any period.

By using our services, either through our Site or through our Software, you consent to us contacting you via email or other electronic means. To opt out receiving electronic communications, leave us a message via our live chat.

Payments

Payment can be made online either via PayPal, a valid debit/credit card or through bank transfer. We currently do not accept cash, cheques or any other payment form.

We will not be held liable for any losses as a result of unauthorised use of your debit/credit card or your bank details by any other party.

Delivery

We will endeavour to deliver your order to most addresses within 21 days. However any delivery times specified are estimates only and we cannot be held responsible for the performance of our freight providers. You can track your order at the “Track Order” page on our website. Delayed delivery is not a basis for cancellation of the order or a request for compensation. We are not responsible for misdirected shipments if you have provided us with an incorrect delivery address.

We takes great care in packaging our products for shipping. Should any product is lost or damaged during shipping, we are not responsible for reprinting, refund or any other method of compensation to the customer. Orders are insured for the value of the ordered items by default. It is the responsibility of the customer to collect any insurance directly from the freight provider if the product is lost or damaged in transit.

Fees and Charges

You agree to pay all fees and charges incurred in relation with your orders including but not limited to, if any, taxes, insurance, shipping and handling fees, customs clearance and import duties.

Your Responsibilities

Prior to completing your order and uploading your file, you must ensure that you have checked and preview your design carefully, the design, product and quantity you have chosen fully meet your requirements and you wish to proceed with the order. You understand that once submitted, your order cannot be altered or cancelled due to the automated systems we utilise. We have no obligation to proof, edit or change any of the content.

We are not responsible for mistakes you make including, without limitation, low quality images that may appear blurry in print, the choice of page layouts, text style or colour, unfinished text, typographical, spelling and grammatical errors or any other creative inputs you make.

Please be aware that although we uses advanced digital equipments and colour calibration techniques to produce your orders, there may be slight colour variations between items or between your computer screen and the actual product. These slight colour variations are normal and do not constitute a reason for refund.

You are prohibited from posting, uploading or sharing any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, or profane material or any material that could constitute or encourage conduct that would be considered objectionable in any way, a criminal offense, give rise to civil liability, or otherwise violate any law.

Return Policy

We carefully screen each product for any damage or defect due to errors in our production process before they are packed for shipment. If you have any complaint or dissatisfaction with our products, please write to our Customer Service and send us the picture/s of the defective area. If the defect is due to our manufacturing processes, we will, at our discretion, offer to repair or replace the product/s. All defective products must be returned to us within 14 days upon our request.

Gift Vouchers and Promotional Codes

We may generate gift vouchers and promotional codes that may be used at the time of purchase of a product for the value or discount stated on such gift vouchers or promotional code. Gift vouchers and promotional codes are valid for one time use on a single transaction only and are non-refundable, non-transferable and not redeemable for cash or any other vouchers or codes. They can only be redeemed through our Designer. They cannot be used in conjunction with any other offer and must be redeemed by the expiration date.

You may be required to pay for any additional amount if your order exceeds the voucher value. However if your order is less than the voucher value, you forfeits the remaining balance.

We are not responsible for any loss or theft of any gift vouchers or promotional codes.

5. INTELLECTUAL PROPERTY RIGHTS & SOFTWARE LICENSE

We retain all rights (including copyrights, trademarks, patents as well as any other intellectual property right) in relation to all information provided on or via this Site (including user interface, all texts, files, graphics and logos). You may not copy, download, publish, distribute, exploit for commercial purpose, or reproduce any of the information contained on this Site in any form without the prior written consent of Black Forest Creative. However, you may view, print and/or download information contained on this Site, subject to the restrictions set out in these terms of use, for your own personal use.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation. Our status (and that of any identified contributors) as the authors must always be acknowledged.

Our Designer software is a non-exclusive and non-transferable software provided and available for personal, non-commercial use to allow customer to create and design personalised products, for production by Black Forest Creative only. Any updates, design and templates will be considered as part of the Software.

You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, attempt to derive the source code of, modify, reproduce, or create derivative works of the Site and Software or any part thereof or otherwise tamper with any of the security technology, or to attempt or assist another person to do so. If you breach this restriction, you may be subject to prosecution and damages.

By downloading our Software, you hereby understand and accept that we do not guarantee our Software is free from viruses, errors or any contaminating or destructive codes, such as worms, malware or Trojan horses.

6. LIMITATIONS OF LIABILITY

Black Forest Creative do not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through this Site. You acknowledge that any reliance on any such opinion, advice, statement, or information shall be at your own risk.

Your use of and browsing in this Site is at your own risk. Neither Black Forest Creative nor any other party involved in creating, producing, or delivering this Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, inability to use or results of the use of, this Site.

Without limiting the foregoing, everything on this Site is provided to you “AS IS” without warranty of any kind. Black Forest Creative hereby disclaim all warranties and conditions with regards to the information, products and/or services either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.

Black Forest Creative also assume no responsibility, and shall not be liable for loss of income, revenue, business, profits, contracts, or goodwill, loss of or corruption of data, and for any loss or damage of any kind arising and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

7. INDEMNITY

You agree to indemnify and hold Black Forest Creative, our subsidiaries, affiliates, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including attorney’s fees, made by any third party due to or arising out of your use of this Site and our services in violation of this Terms of Use or your violation of any law or the rights of a third party.

Our failure to exercise or enforce any right or provision of this Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Terms of Use is held invalid, the remainder of this Terms of Use shall continue in full force and effect. We may assign our rights under this Terms of Use to any third party without notice or consent.

We reserve the right, at our discretion, to amend or delete portion of our Terms of Use at any time without notice and will post those changes on the Site. It is your responsibility to regularly review the Terms of Use to determine if there have been any changes. If you have any questions or comments about this Terms of Use, you can contact us via our live chat.

Last updated: 1 October 2014.