Davitt Photo Centre


Application Terms and Conditions

By downloading or using (the “App”, ”Application”, "Service") these terms will automatically apply to you (“the user”) (“the customer”) – you should make sure therefore that you read them carefully before using the app. Davitt Photo Centre reserve the right, at our sole discretion, to modify or replace these Terms. If we decide to modify our Terms of Use, we will post a new version here. Therefore, we invite you to consult these Terms of Use from time to time in order to familiarise yourself with any changes. You are not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You are not allowed to attempt to extract the source code of the app.

If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.

At some point we may wish to update the app. The app is currently available on iOS – the requirements for this system (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. We do not promise that it will always update the app so that it is relevant to you and/or works with the iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.

1. Order Acceptance

Orders are only accepted and processed in accordance with the following conditions. By making use of the Davitt Photo Centres (hereafter referred to as Davitt Photo) software the customer implicitly accepts these conditions. After the order has been processed the file provided by the customer is saved on the Davitt Photo server for approximately one month. This is done to make it possible for the customer to order additional copies of the product at a later time.

2. Copyright

The customer is responsible for the content of the provided file. Davitt Photo accepts no liability for the content of the file. Davitt Photo assumes that the customer holds the copyright for the file. The customer is exclusively responsible for any consequences of the illegal use of protected data. In addition, the customer must strictly comply with the legal regulations of the concerned country when placing the order and distributing the printed material.

3. Liability

In no case does Davitt Photo accept any liability for damage or loss of the files. Davitt Photo explicitly states that the quality of the prints, photo books, canvas prints and photo gifts or any other photo product can never exceed what the customer sees on the computer screen. Davitt Photo’s liability remains limited to avoidable production errors.

4. Illegal Use

You warrant that you will not use any of the services for any fraudulent or illegal purpose and that you will not submit any image that:

  • (a) is unlawful, pornographic, indecent, defamatory, offensive, obscene, otherwise objectionable or harmful to (or which depicts harming) children in any way; or
  • (b) would constitute, assist or encourage a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
  • (c) infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; or
  • (d) Use the service to transmit or invite access to any images described in paragraphs (a) through (c) above and you accept and undertake that you will be liable for any action taken against Davitt Photo in relation to such activities and will fully indemnify Davitt Photo against all actions, claims, demands or costs which may arise as a result. Uploading your images to this App, implicitly consent to those images being temporarily stored on and used by our servers in order to fulfil the printing process.

  • 5. Age

    You warrant and undertake that you are at least 16 years of age and the authorised owner of the credit/debit card details which you supply to Davitt Photo.

    6. Disclosure of personal data

    We may share Images, Usernames and Addresses with a reputable third party fulfiller/s for the fulfilment of product orders and their delivery. No Images or sensitive information provided by you are to be unlawfully distributed to other third parties without permission.

    We may disclose personal data in cases required by law or if we believe action is necessary due to fraud, cyber crime, to protect the rights or the personal safety of person/s.

    We may also disclose aggregate statistics about the service (customers and sales) in order to describe our services to prospective partners and other reputable third parties and for other lawful purposes, but these statistics will not include personally identifiable information.

    Data may also be shared with Facebook and Google Analytics. No personal data will be passed to other third parties via this integration. All images and icons provided by us which appear on websites, apps or other products produced by us, are subject to our copyright and cannot be reproduced, republished or otherwise used without expressed written permission from us.

    7. Further Terms

    Please review further Davitt Photo terms which all customers are also subject: davittphoto.com/about/termsconditions