“Of Time” Mobile App – General Terms and Conditions
Please take the time to read the “Of Time” General Terms and Conditions (“Terms and Conditions”) thoroughly. These Terms and Conditions regulate your access, use, and the placement of orders on our mobile application “Of Time,” its website, and any associated platforms (collectively, the “Platform”), as well as the provision and sale of our photo album design and printing services (“Services”). The Services are offered by “Of Time” (referred to as “we,” “us,” or “our”), and by using the Platform, you agree to be bound by these Terms and Conditions as they exist at the time of your order. Your placement of an order signifies your acceptance of these Terms and Conditions without any reservations. If you do not agree to these Terms and Conditions, you should not use the Platform or place any orders. Our Terms and Conditions also apply to any promotions, offers, or agreements entered into between “Of Time” and a user through the Platform, unless we have explicitly stated otherwise in writing for a particular offer or agreement. Furthermore, we have additional terms and policies that complement these Terms and Conditions, including our Privacy Policy and Cookie Policy. These policies outline how we handle the collection, use, and processing of your personal information. It is important that you familiarize yourself with these additional policies as they are integral to your use of the Platform.
Additional Terms
Additional terms may be presented on our Platform in connection with a specific section, service, or feature that will apply at the time you choose to access or use the corresponding section, service, or feature.
• Usage Rights for Your Instagram Photos – When you respond with #oftime to our request to feature your photo in our marketing materials, you grant us the usage rights to display your Instagram photo on our Of Time Instagram account and in any other content that we may create or use. We appreciate your contribution and believe it enhances our community. To ensure you are fully informed, we want to clarify how we intend to use your image.
• By replying to our Instagram or Twitter post with #oftime and providing your permission, you represent and warrant that you are the owner of the image and that no other entities have ownership claims over it.
• You grant Phototastic Software Co., Limited and its subsidiaries (“Of Time”) a non-exclusive and non-revocable commercial right to reproduce and/or modify the image in any form (including, but not limited to, video, internet posting, reproduction, display, email, publication, and distribution), either through our own services or services provided by third parties, worldwide in any medium now known or later developed, without restriction or limitation.
• You agree that your image may be used by Of Time either alone or in conjunction with sketches, cartoons, captions, films, artwork, text, or other photographs. While Of Time may credit you for your photo and provide a link back to your Instagram or Twitter account, you acknowledge that such credit is not mandatory and your consent for us to use your image is not dependent on receiving such credit.
• You waive any right to inspect and/or approve the finished work incorporating the image or the advertising copy that may be used in connection therewith or the use to which said finished work may be put. Additionally, you waive any claims to royalties with respect to your image or our finished work.
• Lastly, you agree that if any provision, or any part thereof, contained herein is determined to be invalid under any statute or rule of law, then to that extent and no further, it shall be deemed omitted, and the remainder of this Permission to Use Image Agreement shall remain in full force and effect.
• If you do not agree to these terms, no action is required on your part, and we understand completely. We are delighted that “Of Time” is part of your social media experience and look forward to your future posts.
Applicability
1.1. Agreement to Terms: By accessing or using the “Of Time” mobile application, website, and any related software tools or services, you agree to be bound by our Privacy Policy, Cookie Policy, Product-Specific Terms, and the following General Terms and Conditions (collectively, the “Of Time Terms”), as well as any additional terms, policies, guidelines, restrictions, or rules that may be posted in connection with specific sections or services of our Platform (collectively, the “Additional Terms”). All such Additional Terms are hereby incorporated by reference into the agreement entered into by Phototastic Software Co., Limited and you, the user, at the time you access or use the corresponding section, service, or feature, or have otherwise agreed to their applicability. These Of Time Terms and any Additional Terms that you have agreed to constitute the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings.
1.2. Use on Behalf of an Entity: If you use this Platform on behalf of any business, organization, or other entity, you represent and warrant that you are authorized to accept these Of Time Terms on its behalf and to bind such business, organization, or entity to these Of Time Terms.
1.3. Governing Terms for Offers and Transactions: Every offer of an “Of Time” product and/or service on our Platform, as well as every transaction, order, and agreement that is concluded through our Platform, is governed by our Of Time Terms.
1.4. Exclusion of Customer Terms: The applicability of any terms and conditions of the customer or any third party on behalf of the customer is expressly disclaimed and shall not apply, even if “Of Time” has not specifically objected to them.
1.5. Third-Party Orders: These Of Time Terms and Additional Terms do not apply to orders of a product or service not directly from “Of Time” but from a third party. This includes any affiliates of Phototastic Software Co., Limited, a reseller, or a service provider with which “Of Time” has partnered. In such cases, the terms you have separately agreed upon with this third party will apply.
1.6. Reserve the Right to Modify: “Of Time” reserves the right to make changes to the Platform and to these Of Time Terms at any time without prior notice. You should review these Of Time Terms each time you access the Platform.
2. User Accounts and Responsibilities
2.1. Account Creation and Single Sign-On: To place orders online or access certain services and features on the “Of Time” Platform, you will need to create an “Of Time” account. We offer a single sign-on functionality, enabling you to use your login credentials across our range of services, including any future services that may be added.
2.2. Account Security and Usage: You are responsible for all activities that occur under your “Of Time” account. You must maintain the confidentiality of your account credentials, such as your password, and restrict access to your account. This includes managing access rights for individuals within your business or household who may use your account to place orders on your behalf. You are accountable for all orders and actions undertaken through your account.
3. Conditions of Sale and Order Acceptance
3.1. Promotion and Offer Validity: All offers and promotions on the “Of Time” Platform are made without obligation and are subject to availability. We reserve the right to withdraw or alter any promotion at any time.
3.2. Order Placement and Rejection: “Of Time” reserves the right to refuse any order without providing a reason. An agreement is formed between you and “Of Time” upon our acceptance of your order, which is confirmed when you receive an order confirmation via email.
4. Intellectual Property and Limited Use of Content
4.1. Content Ownership: The “Of Time” Platform includes a variety of content such as graphics, photographs, images, document layouts, templates, artwork, text, graphics, illustrations, logos, photos, audio, video, music, fonts, blog posts, software tools, and trademarks (collectively, “Content”). This Content is the intellectual property of Phototastic Software Co., Limited, or is used under license from other parties. The rights to the Site and all its Content are reserved worldwide.
4.2. Prohibition on Unauthorized Use: You are strictly prohibited from selling, licensing, renting, modifying, reproducing, distributing, transmitting, creating derivative works from, or using any Content except as explicitly permitted by these Terms and Conditions or with the prior written consent of “Of Time.”
4.3. Modification and Ownership Rights: “Of Time” retains the right to add to, remove, or modify any Content on the Platform at any time without notice. Any such modifications remain the property of Phototastic Software Co., Limited, and its licensors.
4.4. Design Tools and Elements: The design tools and services on the Platform incorporate various design elements, such as templates, images, fonts, and graphics. “Of Time” reserves the right to use these elements and to make them available for use by other users. Your use of these tools does not grant you any rights or claims to the individual design elements. Other users may create designs with similar elements, and “Of Time” does not guarantee the uniqueness of your design.
4.5. No Warranty Against Infringement: “Of Time” provides no warranty that your designs created using the Platform will not infringe upon the trademarks or other rights of third parties. It is your sole responsibility to ensure that your designs do not infringe upon the rights of others and to obtain any necessary legal advice or licenses.
5. Use of our Platform and its Content
5.1. Limited Permission to Use: You are granted a limited, non-exclusive, non-transferable right to access and use the “Of Time” Platform and its Content for the sole purpose of preparing, evaluating, and ordering products or services through “Of Time” (“Products”). Any other downloading, retention, use, publication, or distribution of any portion of the Content is not authorized. Your right to use the Content is limited to the creation of Products as provided by “Of Time.”
5.2. Compliance with Laws and Regulations: You agree to use the Platform in a manner that is fully compliant with these Terms and Conditions and with all applicable local laws and regulations, including but not limited to export and import regulations.
5.3. Compliance with Trade Laws: The customer represents and warrants that it has complied and will comply with all applicable trade laws, including sanctions and export controls legislation, and will not engage in any activity that would result in a violation of these laws or expose “Of Time” or its affiliates to any enforcement action or restrictive measures.
5.4. Global Service and Force Majeure: “Of Time” operates globally, providing services and shipping to customers worldwide, with the exception of any locations where doing so would violate applicable laws or regulations. We reserve the right to cease services to any location where external forces such as war, civil unrest, or other unforeseen circumstances make it impossible to provide our services. In such cases, we will make every effort to notify affected customers and to find alternative solutions where possible.
6. Restrictions on Use
6.1. Prohibited Uses of Content: Without limitation, you are expressly prohibited from using any portion of our Content for the following purposes: a) To sub-license, re-sell, rent, lend, assign, gift, or otherwise transfer or distribute the rights granted to you under these “Of Time” Terms; b) To convey or obtain exclusive rights to any Content or part thereof; c) For any unlawful or discriminatory purpose or use; d) For any use that we determine, in our sole discretion, to be pornographic, offensive, threatening, abusive, harassing, tortious, defamatory, obscene, harmful, indecent, libelous, invasive, slanderous, hateful, or promoting hate, harassment, or discrimination against others; e) To create, order, publish, and/or distribute any Design, Product, or other type of information that we determine, in our sole discretion, to be false, inaccurate, or misleading; f) To violate any person’s right of privacy or publicity; g) To infringe upon any copyright, trade name, trademark, service mark, or other intellectual property right of any person or entity; h) To contribute to or assist in any nuclear militarization project; i) To allow any Design to appear on more than 500,000 printed Products or to be incorporated into a television program, video, or other digital production if the audience is expected to be greater than 500,000 viewers, in total; j) For any use that would reasonably imply that “Of Time,” the creator of the Content, or the persons or property appearing in the Content, endorses any political, economic, or other opinion-based movements or parties; k) To place any person depicted in the Product in a bad light or in a manner they may find offensive, such as in pornography, tobacco ads, adult entertainment, political endorsements, or in a way that implies mental or physical illness or impairment; l) In any way that intentionally or unintentionally violates any applicable local, state, national, and international laws, rules, and regulations.
6.2. No Use as Trademarks: For the avoidance of doubt, you may not use any Content on its own as a trademark or service mark. You agree and acknowledge that any trademark or service mark rights you may have in your Product or Design arise from and are limited to your distinctive combination of our Content with other visual design elements provided or created by you. You acknowledge that others may use similar portions of our Content for similar goods and services.
6.3. Of Time’s Rights to Refuse Service: “Of Time” reserves the right, in its sole discretion, to refuse to accept any content provided by you or to refuse to process or fulfill any order at any time and for any reason. We further reserve the right, in our sole discretion, to temporarily or permanently suspend and/or terminate our service to you and/or your account(s) at any time and for any reason, including, without limitation, your violation of the “Of Time” Terms and/or Additional Terms, your inappropriate use of the Platform and/or our products and services, or your engagement in undesirable activities, as determined by “Of Time” in its sole discretion. This action is entirely at “Of Time’s” discretion and no correspondence will be entered into. You agree that “Of Time” shall have no liability of any kind to you or to any third party arising from such refusal, suspension, or termination.
6.4. Order Authorization and Content License: By placing an order on the “Of Time” Platform, you represent and warrant that you have all the necessary permissions, rights, and authority to place the order and you authorize “Of Time” to produce the Products on your behalf. You grant “Of Time” the right to copy, modify, distribute, use, create derivative works of, and vectorize any content you have uploaded for the purpose of fulfilling your order and/or marketing products or services to you. Moreover, you represent and warrant that you have sufficient rights to permit “Of Time” to copy, distribute, use, modify, create derivative works of, and vectorize any uploaded content for the purpose of fulfilling your order and/or marketing products or services to you.
7. VAT and Pricing
7.1 Inclusive and Exclusive Pricing
• Pricing Display: All prices listed on the “Of Time” platform are displayed exclusive of VAT and other applicable taxes, unless specifically indicated otherwise.
• Final Calculation: The final price, inclusive of VAT, will be calculated and displayed during the checkout process, taking into account the destination country and any specific tax regulations in effect.
7.2 International Taxation and Delivery
• VAT Collection: For international orders, VAT and other taxes may be collected by the shipping carrier upon delivery. This practice is common with carriers such as DHL and FedEx, which may issue a separate invoice for taxes at the time of delivery.
• Customer Responsibility: It is the customer’s responsibility to be aware of and pay any taxes and duties imposed by the destination country to clear the shipment and receive the order.
7.3 Reverse Charge Mechanism
• Mechanism Overview: In certain countries, a reverse charge mechanism may apply, where VAT is not collected at the point of sale but is instead the responsibility of the customer or business receiving the goods.
• Requirements: This typically requires the customer to have a valid VAT number and to declare the acquisition in their local VAT return.
7.4 Documentation and Invoicing
• Invoice Provision: “Of Time” will provide an invoice at the time of purchase, detailing the price before VAT is applied.
• Tax Documentation: Upon delivery, if applicable, the shipping carrier will provide documentation for any taxes that have been collected. This documentation is crucial for VAT refund and reporting purposes.
7.5 Customer Tax Familiarization
• Advice to Customers: Customers are advised to familiarize themselves with their country’s import tax regulations and policies to understand any additional costs that may be incurred.
• Company Liability: “Of Time” is not responsible for any taxes, duties, or additional fees levied by the destination country’s customs authorities.
8. Delivery, Title, Risk, and Inspection
8.1. Delivery of Products: “Of Time” will deliver the Products to the address specified in your order confirmation, provided that all applicable payments have been received in full by their due date, using our standard packaging methods and in accordance with your chosen delivery option. Any indicated delivery timeframes are estimates and subject to change.
8.2. Risk and Title Transfer: The customer agrees that the risk of loss and title for any printed Products pass to you upon our delivery to the carrier designated by “Of Time.” You are responsible for any loss or damage to the Products once they have been delivered to the carrier.
8.3. Electronic Product Delivery: For Products provided in an electronic format, delivery is deemed to have occurred at the time “Of Time” transmits the Product to you via email or other electronic means, or when we notify you that the Product is available for download from the Platform.
8.4. Inspection and Notification of Defects: You are responsible for inspecting all Products immediately upon arrival. Any defects, non-conformities, or damages must be reported to “Of Time” within 7 days of receipt of the Products. If the local law requires a longer period for notification, we will comply with that requirement. Failure to notify us within this timeframe may result in the waiver of any claims regarding the Product warranty.
8.5. Return Policy: “Of Time” allows returns within 7 days of receipt of the Products, subject to our return policy and provided that the Products are in their original condition. If the Products are lost in transit, while “Of Time” is not liable for the loss, we will assist you to the best of our ability in resolving the issue with the transportation company.
9. Right of Withdrawal
9.1. Customized Products: For all products ordered through “Of Time,” since the goods are customized or personalized by the customer, the statutory right of withdrawal (or cancellation right) that typically allows consumers to cancel a contract within 14 days from receipt of their products without giving any reason does not apply.
9.2. No Right of Withdrawal for Personalized Goods: Given the personalized nature of our products, customers do not have the right to withdraw from the purchase once the order has been confirmed and the production process has begun.
10. Return Policy
10.1. 7-Day Return Window: Despite the customization, “Of Time” offers a 7-day return policy for all products. If for any reason you are not satisfied with your purchase, you may return it within 7 days of receipt. Please note that all returned products must be unused, undamaged, and in their original packaging.
10.2. Return Procedure: To initiate a return, contact “Of Time” Customer Service within the 7-day window. You will be provided with return instructions and any necessary forms. The customer is responsible for the cost and risk of returning the products.
10.3. Refund Processing: Once “Of Time” receives the returned products and confirms they meet the conditions for return, we will process the refund. Refunds will be issued to the original payment method and will include the purchase price of the returned products, excluding any original delivery costs. Please allow up to 30 days for the refund to be processed.
11. Disclaimer of Warranty
11.1. No Warranty for Customized Products: All products provided by “Of Time” are personalized photo album printing services, and as such, we do not offer any warranty for the products. Each product is uniquely customized according to the customer’s specifications, which inherently may involve subjective elements of personal preference and individual choice.
11.2. As-Is Provision: The Site and its Content are provided “as is” without any warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. You acknowledge that the operation of the Site may not be uninterrupted or error-free.
11.3. No Liability for Customer-Supplied Content: “Of Time” does not assume responsibility for the quality or accuracy of customer-supplied content. It is the customer’s responsibility to review and approve their designs before submitting them for printing. We do not proof or verify customer designs and cannot be held liable for any errors, inaccuracies, or issues that may arise from the customer’s content.
11.4. Limitations on Liability: “Of Time” shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from the use of the Site or the products, including but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption, however caused and on any theory of liability.
11.5. No Consumer Guarantees: Given the personalized nature of our products, “Of Time” does not provide any consumer guarantees or warranties that cannot be excluded by law. Any implied warranties that may arise under the applicable law are hereby disclaimed to the fullest extent permitted by law.
11.6. Exclusions and Limitations: Notwithstanding any contrary provision, “Of Time” shall have no obligations or liability under any warranties or consumer guarantees if the alleged defect, non-conformity, or damage is found to have occurred as a result of misuse, negligence, improper installation or handling, or any other cause beyond our control.
12. Limitation of Liability
12.1. No Liability for Customized Products: “Of Time” provides personalized album printing services, and we do not offer any warranty for these customized products. Our liability is limited to the extent permitted by law and does not extend to any indirect, special, incidental, or consequential damages arising from the use or inability to use our services, or for any loss of data, loss of business, or profit, or for any economic or other consequential loss.
12.2. Exclusions and Limitations: “Of Time” shall not be liable for damages or consequences arising from your inappropriate or unauthorized use of our site or its content, our supplied products, or services, including any third-party products or services. If you are a consumer and live in a jurisdiction that does not allow the exclusion or limitation of certain liabilities, the above limitations may not apply to you to the extent prohibited by law.
13. Site Feedback
13.1. Non-Confidential Feedback: Any feedback, such as comments, suggestions, proposals, or other information (collectively “Feedback Information”), provided by you to “Of Time” in connection with the operation of our platform or services, is submitted on a non-confidential basis.
13.2. Assignment of Rights: By submitting Feedback Information to “Of Time”, you grant us a royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such information in any form and for any purpose without compensation to you.
14. Privacy and Cookie Policy
14.1. Privacy Commitment: “Of Time” is committed to protecting your privacy. Our Privacy and Cookie Policy outlines how we collect, use, disclose, store, and safeguard your personal information when you use our platform.
14.2. Policy Application: The Privacy and Cookie Policy applies to all visits to our platform, use of our services, and transactions and agreements made through our platform.
15. Miscellaneous
15.1. Age Requirement and Permission: “Of Time” is designed for users who are at least 18 years old. By utilizing our platform, you affirm that you are over the age of 18 or have obtained the necessary permission from a parent or guardian. If you are under 18, you must not use the platform to register an account or submit any personal information.
15.2. Protection of Minors: We are committed to the privacy and safety of minors. We do not intentionally collect or solicit personal information from individuals known to be under the age of 18. If you are aware that a minor has provided us with personal information, please notify us immediately so that we can take the appropriate actions to remove such data.
15.3. Unenforceable Provisions: Should any part of these Terms be found unenforceable by a court of competent jurisdiction, we will seek to modify the provision to render it enforceable to the extent possible. If the provision cannot be modified and remains unenforceable, it will be considered as deleted from these Terms, with the remaining provisions continuing in full force and effect.
15.4. Information from Minors: If you are a parent or guardian and believe that your child under the age of 18 has provided us with personal information, please contact us immediately. We will take prompt action to delete such information from our records.
16. Governing Law, Jurisdiction, and Dispute Resolution
16.1. Contracting Party and Seller: The party you are contracting with and the seller of the products and services offered on this Site is Phototastic Software Co., Limited, a company incorporated under the laws of Hong Kong.
16.2. Governing Law: All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. All other matters relating to your access to or use of this Site shall be governed by the laws of Hong Kong.
16.3. Jurisdiction and Venue: Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Hong Kong. You agree to submit to the jurisdiction of the courts sitting in Hong Kong and agree that venue in these courts is proper in any such legal action or proceeding.
16.4. Limitation of Liability: To the extent permitted by law, we exclude all warranties. Phototastic Software Co., Limited, and its suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses, or indirect, special, consequential, exemplary, or punitive damages.
16.5. Consumer Legal Rights: If you are using the Site’s services or ordering a product for personal purposes, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.
Glossary of Terms
Account Credentials: Refers to the login information, such as usernames and passwords, used to access an “Of Time” user account.
Additional Terms: Specific terms and conditions that may apply to certain sections, services, or features of the “Of Time” Platform, detailed in connection with their use.
Affiliates: Entities that have a business relationship with Phototastic Software Co., Limited, but are not the company itself.
Content: All types of materials and information available on the “Of Time” Platform, including text, graphics, images, videos, audio, and design elements.
Customization/Customized Products: The process or result of personalizing products according to individual customer specifications.
Delivery: The act of dispatching ordered products to the customer via a shipping carrier.
Force Majeure: Circumstances beyond the control of “Of Time,” such as war, civil unrest, or natural disasters, which may affect the provision of services.
Intellectual Property (IP) : Encompasses patents, copyrights, trademarks, and trade secrets, which are the exclusive property of their respective owners.
Non-Exclusive: Indicates that the rights granted to a party are not unique and can be granted to others as well.
Non-Revocable: Means that once granted, the rights cannot be taken back or revoked.
Order Confirmation: A communication from “Of Time” to the customer confirming the details of an order.
Personal Information: Any information relating to an identified or identifiable individual who can be directly or indirectly identified from that data.
Platform: The collective term for the “Of Time” mobile application, website, and any associated platforms and services provided by Phototastic Software Co., Limited.
Privacy Policy: The policy outlining how “Of Time” collects, uses, and protects users’ personal information.
Product-Specific Terms: Terms that apply to specific products or services offered by “Of Time.”
Reverse Charge Mechanism: A VAT collection process where the customer is responsible for declaring and paying the VAT on goods or services received.
Single Sign-On (SSO) : A user authentication process that allows a user to access multiple related but independent software systems with one set of login credentials.
Terms and Conditions (T&C) : The general terms and conditions governing the use of the “Of Time” Platform and the purchase of its services.
Usage Rights: The permissions granted to users regarding how they may interact with and utilize the content provided by “Of Time.”
VAT (Value Added Tax) : A tax applied to products and services within the European Union and some other countries, based on the value added at each stage of production or distribution.
Warranty: A guarantee by “Of Time” regarding the quality or performance of its products or services.