Terms and Conditions
Thank you for visiting www.getsnappic.com (our “Site”).
By accessing or using the Site you agree to be bound by these Terms and Conditions. If you disagree with any part of the Terms and Conditions then you do not have permission to access the Site.
1. About us
Three Commas (Pty) Ltd (Three Commas, we, our or us) was created in 2015 and is the registered owner of the SNAPPIC photo booth application (SNAPPIC) and the SNAPPIC virtual photo booth application (SNAPPIC Virtual Booth). Our aim is to offer our customers a complete photo booth solution based in the cloud and great customer service. Our services keep changing in line with the latest available technology and as we regularly introduce new and exciting product offerings, keep visiting our site to ensure that you don’t miss out! Please note that the images of our products on our Site are not to scale and the actual size of the products will vary from the images.
2. Use of Site
By visiting our Site, you are accepting and consenting to the practices described in these Terms and Conditions. You may only use our Site to browse the content and make legitimate purchases. You warrant and undertake that you shall not use this Site for any other purposes whatsoever, including without limitation, to make any speculative, false or fraudulent purchase. The Site and the content provided in this Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. The unauthorised use of our Site and/or the materials contained on our Site may violate applicable copyright, trademark or other intellectual property laws or other laws. To the extent that Three Commas suffers any loss and/or damage of any nature whatsoever and howsoever arising as a result of your breach of the warranty contained in this clause and/or your unauthorised use of our Site and/or the materials contained on our Site, you hereby undertake to indemnify Three Commas in full against any and all such loss and/or damage forthwith upon demand
3. Use of SNAPPIC
In the event that you choose to make use of the SNAPPIC application and/or the SNAPPIC Virtual Booth application, you shall automatically become bound by the terms of our End User License Agreement (in addition to these Terms and Conditions) (EULA). A copy of our EULA can be accessed by following this link: https://www.getsnappic.com/eula/. In addition to the above, by using the SNAPPIC application (whether on iOS or via the online web portal) and/or the SNAPPIC Virtual Booth application you are also bound by the following:
3.1 you may NOT re-engineer the SNAPPIC application and/or the web portal and/or the SNAPPIC Virtual Booth application in any way. In the event that you fail to comply with the terms of this clause in any manner whatsoever, you hereby indemnify Three Commas in full against any and all loss and/or damage of any nature whatsoever and howsoever arising which Three Commas may suffer as a result; and
3.2 you may NOT manipulate the software of the SNAPPIC application and/or the SNAPPIC Virtual Booth application to gain free events, or access any SNAPPIC paid services for free, unless specifically agreed to by Three Commas in writing. In the event that you fail to comply with the terms of this clause in any manner whatsoever, you hereby indemnify Three Commas in full against any and all loss and/or damage of any nature whatsoever and howsoever arising which Three Commas may suffer as a result.
4. No refunds
To the extent that you purchase any hardware, software and/or other products from Three Commas through this Site, please note that all sales are final and unless otherwise stipulated herein or in the EULA, no refunds will be given. You specifically acknowledge and agree that Three Commas shall be under no obligation whatsoever to compensate you in any manner whatsoever for any losses, damages and/or disappointment suffered by you through the use of the hardware, software and/or other products purchased by you through this Site and/or as a result of your inability to use the hardware, software and/or other products purchased by you through this Site for any reason whatsoever.
We must receive payment in its entirety for the full price quoted at checkout before an order can be accepted and processed. Once we have been notified of receipt of full payment, we will email you confirmation of the order to the email address provided to us by you at checkout. Once we have accepted and confirmed your order, a legally binding contract is entered into between us, Three Commas, and you, the customer. You must not make any purchase through this Site unless you understand and agree to all of our Terms and Conditions and, if applicable, our EULA.
6. Pricing and Promotional codes
All of our prices are indicated in US Dollars and all transactions will be processed in US Dollars. Three Commas reserves the right to change its pricing at any time without prior notice.
Payment may be made using credit cards, debit cards or by electronic bank transfer.
We may occasionally offer promotional discount codes which may apply to specific items. These codes can only be used as indicated, on full-priced items and cannot be used in conjunction with any other offer or discount.
We have the right, but not the obligation, to monitor any activity and content associated with our Site and/or the SNAPPIC application and/or the SNAPPIC Virtual Booth application and/or any other hardware, software and/or other products purchased from us. We may:
7.1 investigate and report to the appropriate authorities any violation of these Terms and Conditions and/or the EULA, if applicable;
7.2 investigate and report to the appropriate authorities any complaints received regarding any customer’s use of:
(1) the SNAPPIC application and/or the SNAPPIC Virtual Booth application; and/or
(2) any other software, hardware and/or other products purchased from this Site; and
7.3 take any action against a customer that we may deem appropriate in our sole and absolute discretion which action may include, without limitation:
(1) issuing a warning;
(2) suspending, terminating or attaching conditions to such customer’s access to the SNAPPIC application and/or the SNAPPIC Virtual Booth application and/or any other hardware, software and/or other products purchased from us; and/or
(3) removing any material from the Site.
8. Gallery/microsite lifetime
You specifically acknowledge and agree that unless otherwise agreed with Three Commas in writing, the gallery/microsite of your photo booth event will be live and available to guests for a period of 2 years from the date of such event. You furthermore acknowledge and agree that Three Commas shall be permitted, upon the expiry of the aforementioned period, to permanently delete any and all images, data and/or other information gathered from such event. In the event that any data is kept/stored on our servers it will be anonymized for the sole purpose of statistical analysis. Notwithstanding the above, if you are purchasing a licence to use the SNAPPIC Virtual Booth application you specifically acknowledge and agree that:
8.1 you and/or the persons with whom the link to the SNAPPIC Virtual Booth application are shared shall only be permitted to take such number of photographs related to such event as are stated at the time that you place your order for the SNAPPIC Virtual Booth application with Three Commas; and
8.2 the gallery/microsite of your event shall be capable of being viewed a maximum of 20 000 times.
Upon the number of photographs referred to in clause 8.1 having been taken and/or upon the number of views of the gallery/microsite referred to in clause 8.2 having occurred, Three Commas reserves the right to disable your event and/or the gallery/microsite until such time as you have purchased further photographs and/or views from Three Commas. Three Commas shall be permitted to exercise the aforementioned right without further notice to you and irrespective of whether or not such circumstances arise prior to the expiry of the 2 year period referred to above. All purchases of additional photographs and/or views as contemplated above shall be subject to the provisions of clause 5 of these Terms and Conditions and shall be charged by Three Commas in accordance with Three Commas’ then applicable prices for such additional photographs and/or views.
9. Cancellation by us
Notwithstanding any other provision of these Terms and Conditions and/or the EULA to the contrary, Three Commas reserves the right to cancel any transaction between ourselves and a customer for the following reasons:
9.1 any failure by the customer to strictly adhere to these Terms and Conditions;
9.2 any failure by the customer to strictly adhere to the terms of the EULA;
9.3 as we only stock a limited number of items, it may happen that although the item was reflected as being in stock, that item was the last item in stock and it is subsequently discovered that the item is damaged or not of the quality that should go to the customer; and/or
9.4 one or more of the items ordered by the customer was listed at the time of purchase with an incorrect price or description due to a typing error.
If Three Commas does cancel an order, the customer will be notified by email or telephone and, to the extent that the order was cancelled pursuant to the provisions of clauses 9.3 and/or 9.4, the customer will be fully refunded as soon as possible. The customer specifically acknowledges that Three Commas will not be obliged to offer any additional compensation for losses, damages and/or disappointment suffered in the event that an order is cancelled pursuant to the provisions of clauses 9.3 and/or 9.4.
10. Our rights
We reserve the right to:
10.1 modify or withdraw, temporarily or permanently, our Site or any part thereof with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of our Site; and/or
10.2 change these Terms and Conditions from time to time and your continued use of our Site or any part thereof following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms and Conditions have been changed. If you do not agree to any change to the Terms and Conditions then you must immediately stop using the Site.
We will use our reasonable commercial endeavours to maintain the Site. The Site is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Site or because of a failure, suspension or withdrawal of all or part of the Site due to circumstances beyond our control
11. Applicable law
These terms and conditions shall be governed by and construed in accordance with South African law.