TERMS AND CONDITIONS OF USE
1. INTELLECTUAL PROPERTY AND OWNERSHIP RIGHTS
1.1. The owner of WEBSITE (hereinafter WEBSITE) is Palmyra Printers and Stationers (hereinafter, PALMYRA). PALMYRA has its registered office in Palmyra Building, Naxxar Road, Birkirkara, MALTA, with VAT No. MT23433425
1.2. Customer Support:
• The contact e-mail is: [email protected]
• Contact telephone: +356 21497335
2. OBJECT AND SCOPE OF APPLICATION
2.1. These conditions of use and contracting regulate the access of the USER (hereinafter, the USER or CLIENT) and the use that s/he makes of the services that PALMYRA makes available to him. The access and use of the services implies acceptance and compliance with the conditions described in this document, as well as in its Privacy Policy and its Cookies Policy.
2.2. Access to the WEBSITE, directly or through any domain name that redirects to this WEBSITE confers on the visitor the condition of USER and requires the acceptance of all the conditions described in this document.
2.3. In the same way, the use of the SOFTWARE or the APPs for the creation of digital albums and their subsequent printing through PALMYRA, requires the acceptance of all the conditions described in this document.
2.4. PALMYRAreserves the right to modify, at any time and without prior notice, the offer of products or any other aspect of these conditions, including the contract conditions, although such modifications must respect the transactions already made with the USER.
2.5. These conditions of use and hiring may be reviewed for technical reasons or for changes or modifications in the provision of the service or, where appropriate, corporate decisions of PALMYRA. These changes will be effective as of their publication on the web, so it is important that the USER review and periodically check the conditions of use. Notwithstanding the foregoing, the modifications must respect in all cases, the transactions already made with the CLIENT.
3. OLDER
3.1. Access to and registration on the WEBSITE is limited to individuals over fourteen (14) years of age. Any record of a USER under FOURTEEN (14) years of age detected by the Company will be canceled and / or suspended automatically and without prior notice from PALMYRA.
3.2. Without prejudice to what is indicated in the previous section, to contract the services of PALMYRA, the USER mustbe EIGHTEEN (18) years of age or would have attained the age of majority in accordance with the laws in his / her country of residence. To contract services, minors must obtain prior permission/authorization from their parents, guardians or legal representatives, who will be held responsible for all acts performed by minors under their care.
4. INTELLECTUAL PROPERTY
4.1. PALMYRAis the owner of all intellectual property rights and/or has obtained the authorizations or licenses necessary for its exclusive and unlimited use, in connection with the
domain names, trademarks and distinctive signs, logos, marks, the WEBSITE, the published contents, the computer programs, mobile applications and other works and inventions contained or related to this website and the technology associated with it.
4.2. The contents of the WEBSITE, the SOFTWARE and the APPs, including texts, images and source code are protected by intellectual property rights.
4.3. PALMYRA grants the USER a non-exclusive, universal use license, without geographical or temporal limitation on the WEBSITE and / or any tools that PALMYRA makes available to USERS with the aim of and limited to the editing and printing of digital albums and / or share these contents with third parties.
4.4. The USER declares to have all the permissions and licenses to in any manner use, the images, distinctive signs and contents that may feature or be published in their photographic albums or photographic contents, exonerating and holding PALMYRA harmless of any responsibility in this regard, for any damages which may be suffered by third parties as well as to make good for any damage suffered or to which Palmyra may be exposed, as a result of any action instituted against Palmyra or any of its representatives by any entity or authority, local or foreign.
4.5. Likewise, the USER grants PALMYRA authorization to use for the sole purpose of providing the service contracted any/all photographic contents, according to the present contract conditions.
4.6. The contents of the WEB SITE may not be used, reproduced, copied, transformed or transmitted in any manner whatsoever without the prior, written and explicit permission of PALMYRA.
4.7. All rights over the WEBSITE are exclusively owned by PALMYRA.
5. CONDITIONS OF USE OF THE ACCESS OWNERSHIP SOFTWARE
5.1. PALMYRA grants the USER its consent to use for the design and layout of the products published on its website, as well as for its printing, on a non-exclusive basis and without geographical limitations. This consent applies and is limited to the WEBSITE, the SOFTWARE and the APPs.
5.2. The authorization for use will have an indeterminate duration, and at the discretion of PALMYRA, the USER will be able to access the new updates and versions developed by PALMYRA.
5.3. The WEBSITE, the SOFTWARE and the APPs are licensed to the USER by PALMYRA in its current state and for the purpose described in section 5.1. and not for any other activity not described in these conditions. Any additional functionality may be at the discretion of PALMYRA, subject to a contract and independent conditions.
5.4. The consent granted does not confer, directly or indirectly any rights of access to the source code of the WEBSITE, the SOFTWARE and the APPs by the USER.
5.5 This consent does not imply the maintenance of equipment nor the obtaining of updates of the WEBSITE, the SOFTWARE and the APPs without the compliance of PALMYRA.
5.6. The technical information and assistance found on the WEBSITE, the SOFTWARE and the APPs or via any other format that PALMYRA makes available to the USER will be the one that is valid at the time of the download of the relative software, for which the development of other specific documentation for the USER.
5.7. The USER’s equipment must comply with the technical specifications that will be provided to the USER.
5.8. Limitation of liability. PALMYRA has done its utmost in ensuring to avoid improper or unstable operation. Likewise, PALMYRA has done whatever is possible to see that the program is free of computer viruses. PALMYRA shall in any case not be liable to the USER, or to other
persons, for actual, incidental or consequential damages or any other type of damage, including, but not limited to, losses arising from the loss of goodwill, interruption of work, failure or malfunction of the computer, moral damages, or any and all types of damages or losses. The above limitations and exclusions will apply to the extent permitted by the laws of Malta.
5.9. Prohibition to make modifications. The USER may not modify, adapt or translate the WEBSITE, the SOFTWARE and the APPs, nor may he use reverse engineering, decompile, disassemble or in any way try to discover any source codes.
6. CONDITIONS OF CONTRACT
6.1. MANAGEMENT OF THE ORDER, PRICE AND SAFE PAYMENT
6.1.1. The PALMYRA will process your order through the WEBSITE, selecting the product you wish to purchase by clicking on the option “add to cart”, or “create now” and once edited “add to cart” (available in the web version) that appears next to the photo of each product. Once the selection of the product in the shopping cart has been completed, the CLIENT may apply the use of the discount coupon, if available to USER, after which he must mark the option “Finish Purchase”.
6.1.2. The it is the CLIENT who will be processing the order s/he is to complete the application by filling in all the information requested for this purpose on the WEBSITE, accepting, when applicable and required, the current contracting conditions and the privacy policy.
6.1.3. The prices indicated on the WEBSITE or the APPs are featured in Euros, together with the applicable taxes/charges/fees at all times. PALMYRA reserves the right to modify these prices at any time. However, the products will be billed on the basis of the rates in effect at the time of orders.
6.1.4. The CLIENT must verify the information shown on the order placed and then select the payment method, provided on the WEBSITE.
6.1.5. Once the purchase process is finished, the CLIENT will receive, at the email address indicated on the registration form, a confirmation of the order.
6.1.6. For any information about the service requested on the WEBSITE, you may contact us via email on [email protected]. In any case, you must indicate the order number assigned to you and indicated in the confirmation email of the purchase.
6.1.7. Likewise, the CUSTOMER may check the status of his order at any time by accessing “My account”.
6.1.8. The CLIENT will make the payment through the means offered by PALMYRA on the WEBSITE or the APPs.
6.1.9. PALMYRA does not have access to the bank details linked to the means of payment and does not know or register this information during the payment transaction.
6.2. DELIVERY AND DELIVERY COSTS OF THE PRODUCT
6.2.1. The shipping costs of the order within the peninsula will be assumed by PALMYRA and are included in the total price indicated in the price table, indicated on the WEBSITE or the APPs.
6.2.2. PALMYRA will inform the CUSTOMER of the delivery times of the order in the purchase process or, if applicable, the logistics operator that supplies the order.
6.2.3. It is up to the recipient to check the order at the time of delivery and then make all reservations and claims that the CLIENT considers justified.
6.2.4. The logistics management of the orders of the CUSTOMER corresponds to the companies hired by PALMYRA, or in its case to the supplier that supplies the order, for which PALMYRA does not assume any responsibility derived from the breach of the obligations described in this clause due to an action or omission carried out by the logistics operator.
6.2.5. When PALMYRA foresees that, for some reason, it will not be able to meet the delivery deadline corresponding to a specific order, it will contact the CUSTOMER to inform about the situation.
6.2.6. POINTS OF COLLECTION. The CLIENT, at the time of finalizing the purchase, may decide on the collection point that best suits his needs: from the traditional delivery to the shipping address provided by the customer through a transport company.
6.3. GUARANTEE PALMYRA
6.3.1.
6.3.2. PALMYRA, however, with the desire to give full satisfaction to the CLIENT, grants a period of 21 days where the CLIENT can communicate his dissatisfaction with the product by communicating it to info@ palmyraonline.com
6.3.3 The CLIENT must take charge of the direct cost of having the product returned and must send it safely and with the necessary guarantees so that the returned merchandise arrives in perfect condition.
6.3.4. PALMYRA will refund the amount of the product, including the shipping costs, through the same payment method used by the CLIENT for the purchase of the product within a maximum of FIFTEEN (15) calendar days from receipt of the product. sent by the CLIENT to PALMYRA.
6.3.5 The return of the product must be made in its original packaging and in perfect condition, that is, not damaged in any way by the CLIENT, and will be sent to the place indicated by PALMYRA in the instructions sent to the CLIENT. Likewise, the packaging must be such in order to clearly identifywho the sender is.
6.3.6 The promotions, offers or discounts put forward by PALMYRA will always relate to the content of the message that is transmitted. This fact implies that if PALMYRA identifies a technical error in its promotion, offer or discount issued through electronic means or through its WEBSITE, the SOFTWARE and the APPs, the USER or CLIENT will not be able to benefit from a technological or genuine error to unfairly benefit of the promotion, offer or discount.
7. NORMS OF USE OF THE WEBSITE, THE SOFTWARE AND THE APP
7.1. The CLIENT undertakes to make use of the WEBSITE, the SOFTWARE and the APPs, or of any of the means made available to the USER, according to the following usage rules:
7.2. The USER will not send or otherwise publish commercial communications through any medium owned by PALMYRA.
7.2.1. It will not collect content or information from other USERS, nor otherwise access any medium owned by PALMYRA, using automatic means (such as robots).
7.2.2. It will not load viruses or malicious information/data of any kind.
7.2.3. You will not request login information or access an account belonging to another USER.
7.2.4. You will not, directly or indirectly bother, molest intimidate or harass any USER.
7.2.5. You will not use any medium owned by PALMYRA for unlawful, deceptive, offensive, malicious or discriminatory acts.
7.2.6. No USER may take any action that could disable, overburden or affect the correct functioning of the WEBSITE, the SOFTWARE and the APPs owned by PALMYRA.
7.2.7. CLIENT may not facilitate or encourage the violation of these Terms of Use.
7.2.8. You maynot provide false personal information to PALMYRA, nor will you create an account for or on behalf of other people.
7.2.9 You may not create a personal account for illicit purposes.
7.2.10. If PALMYRA disables your account for justified reasons, you will not be entitled to create another without our prior authorization.
7.2.11. You will not use the personal profile created in PALMYRA to obtain economic benefits.
7.2.12. CLIENT declares that the contact information is accurate, up-to-date and truthful.
7.2.13. USER may will not share the password, nor allow another person to access your account, or do anything that could endanger the security of your account, or transfer your account to third parties.
7.2.14. You are requested to communicate any incident related to your password, account, violation of the confidentiality of your data, danger or threat detected in the security of data and communications. as well as to report any USER/S attempting to breach these Terms of Use and / or the Privacy Policy, as well as any other incident related to the security and confidentiality of information to PALMYRA administrators through EMAIL @ PALMYRA.com.
7.2.15. If you select a USER name for your account, we reserve the right to remove it or reclaim it if we consider it appropriate (for example, if the owner of a trademark complains about a USER name that is not closely related to the real name of the USER and could cause confusion with the said trademark)
7.3 PALMYRA may remove any content or suspend the serviceof any USER if, at its own discretion, in the case of non-complaince with any of the rules and obligations described in these legal terms or may be considered inappropriate and / or false by PALMYRA.
7.4. In the event that a CLIENT or any third party is aware of any violation of the rules described here or others that could harm assets, rights or protected interests, you should immediately contact PALMYRA through the email address EMAIL @ PALMYRA.com indicating the violation. PALMYRA, once it receives the communication, will use the utmost diligence in the attention and resolution of it.
8. STORAGE OF PROJECTS
PALMYRA will keep the completed and processed projects of its clients blocked, only for the purpose of attending to possible responsibilities derived from the provision of its digital album creation services.
9. LIMITATION OF LIABILITY
9.1. PALMYRA will not assume any responsibility when the delivery of the product is not made as a consequence of the inaccuracy or incorrectness of the data provided by the USER, as well as in the event that the delivery cannot be made for reasons beyond COMPANY’s control.
9.2. PALMYRA will not be in any way responsible for the functioning content and / or data protection policy or other terms contemplated in other websites that may be accessed in some cases by the inclusion of a link/s in this WEB SITE, nor of the contents, services or products offered by them, unless these other sites are the exclusive property of PALMYRA. The hyperlinks contained in the PALMYRA WEBSITE may be directed to third party websites. PALMYRA incorporates them to facilitate the navigation of the CLIENT, and in no manner assumes responsibility for the content, information or services that may appear on these sites, which are exclusively for informative purposes and that in no case imply any relationship between the aforementioned third party and PALMYRA, directly or indirectly.
9.3. The access and contracting of the products offered by PALMYRA requires a computer or computer equipment and an Internet connection. The expenses associated with these elements are not included in the prices described in these legal conditions.
9.4. PALMYRA develops the utmost diligence in the implementation of security measures, however, it does not assume any responsibility in relation to the safekeeping and good use of
the passwords to access the WEBSITE, the SOFTWARE and the APPs, which will be the exclusive responsibility of the CLIENT. as of those acts organized and / or orchestrated by third parties that for illicit purposes violate the security measures implemented by PALMYRA.
9.5 PALMYRA does not assume any responsibility for the ownership of the photographic contents of the CLIENT as well as the personal data and the images contained in the aforementioned contents, being the exclusive responsibility of the CLIENT.
10. LEGISLATION AND APPLICABLE JURISDICTION
The terms and use of the WEBSITE will be governed and interpreted in accordance with the Laws of Malta. To this effect, the USER/CLIENT irrevocably declares to submit himself/herself to the jurisdiction of the Courts and Tribunals of Malta and renounces to any other jurisdiction , even, if according to his/her State’s jurisdiction, that State would have overriding jurisdiction over
that of Malta.
11. COOKIES POLICY
11.1. COOKIES
This website WEBSITE uses a technology called “cookies” in order to collect information about the use of the said website. Cookies are small data storage and retrieval devices that are installed on your computer equipment for the purposes expressed herein; In no case our cookies will treat personal data or compromise your privacy We can trace through a cookie who is browsing. The cookie carries a PERMANENT CLIENT IDENTIFICATION REFERENCE.
11.2. CONSENT
By using this website the USER consents and agrees that we host these cookies on your computer or device for the purposes expressed herein. If you decide not to accept our cookies, you may continue to use our website in the usual way, although it is possible that your USER experience will be slightly affected.
11.3. CHANGES IN THE COOKIES POLICY
PALMYRA may, from time to time modify the cookie policy, so we kindly ask you to periodically consult same since changes may occur.
