Pro Passport Photo Terms of Use

Last revised: Jul 17, 2023

This website is owned and operated by Pro Passport Photo Inc. (“Pro Passport Photo,” “we,” or “us”). Please carefully read these Terms of Use (“Terms”). By using this website, you acknowledge that you have read, understood, and agreed to be bound by these Terms at all times.

Additional Terms and Conditions

Certain Pro Passport Photo locations or our affiliates may have additional terms and conditions specific to them as communicated at the point of purchase, in advertising, or in person. Those additional terms and conditions are incorporated herein by reference. In the event of a conflict between these Terms and the terms posted for or applicable to a specific location, the latter terms shall control regarding your use of the service at that specific location.

General Terms of Service

By visiting any of our sites and using our services, you indicate your agreement to these Terms and our Privacy Policy, which is incorporated herein by reference. We reserve the right to update or modify these Terms at any time without prior notice. We may revise any aspect of these Terms for any reason, including but not limited to reflecting applicable law, updating our products and services, improving service functionality, modifying payment terms or pricing. Unless prohibited by applicable law, your continued use of any of the sites or services after we post any changes will signify your acceptance of such changes. Furthermore, by using our sites or services, you acknowledge that you have read and reviewed these terms in their entirety, agree to these terms and the privacy policy, and recognize that these terms constitute binding and enforceable obligations on you.

Your Use of Our Sites and Services

While using any of our sites and services, you agree not to engage in any of the following activities:

(a) Violate any applicable laws, regulations, and third-party rights.

(b) Provide false, outdated, or incomplete information.

(c) Upload, transmit, or distribute any content that is unlawful, defamatory, obscene, harmful, or infringing.

(d) Interfere with or disrupt the functionality or servers of the website.

(e) Attempt to gain unauthorized access to any portion of the website, other user accounts, or any systems or networks connected to the website.

(f) Engage in any activity that may compromise the security or integrity of the website.

(g) Impersonate any person or entity or otherwise misrepresent your identity or affiliation with another person or entity.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”) on the site are subject to trademark, service mark, trade dress, copyright, and/or other intellectual property rights or licenses held by Pro Passport Photo Inc. Except as expressly provided in these Terms of Use, no part of the site or any Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent. We reserve the right to alter or discontinue our sites, in whole or in part, at any time, at our sole discretion.

Disclaimers

Pro Passport Photo does not promise that the site or any content, service, or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. The site and its content are delivered on an “as-is” and “as-available” basis. All information provided on the site is subject to change without notice. Pro Passport Photo cannot ensure that any files or other data you download from the site will be free of viruses, contamination, or destructive features. Pro Passport Photo disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose. Pro Passport Photo disclaims any and all liability for the acts, omissions, and conduct of any third parties in connection with or related to your use of the site and/or any Pro Passport Photo services. You assume total responsibility for your use of the site and any linked sites. Your sole remedy against Pro Passport Photo for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is part of the bargain between the parties.

The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.

Pro Passport Photo reserves the right to do any of the following, at any time, without notice:

(a) Modify, suspend, or terminate the operation of or access to the site or any portion of the site for any reason.

(b) Modify or change the site or any portion of the site, and any applicable policies or terms.

(c) Interrupt the operation of the site or any portion of the site as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Product Compliance and User Responsibility

The products offered by Pro Passport Photo are intended to meet specific government requirements. Users agree to use these products solely for the purpose of complying with the applicable government requirements. While Pro Passport Photo strives to ensure compliance with government requirements, users acknowledge their responsibility to independently verify and confirm compliance with the government regulations in their jurisdiction. Users agree to provide accurate and complete information to Pro Passport Photo to ensure that the products are tailored to meet the specific requirements outlined by the government. Pro Passport Photo does not warrant or represent the suitability or effectiveness of these products for any other non-governmental applications or requirements.

Limitation of Liability

Except where prohibited by law, Pro Passport Photo shall not be liable to you for any direct, indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, arising out of or in connection with your use of our website (including any errors or omissions in the content) or our services, regardless of whether we have or are deemed to have any knowledge that non-production of a photograph or a defect or problem with any photograph would or is likely to give rise to such loss.

Indemnity

You agree to indemnify and hold Pro Passport Photo, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees) made against Pro Passport Photo by any third party due to or arising out of or in connection with your use of our website or our services.

Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of Canada, without regard to its conflict of laws principles. Any disputes arising out of or relating to these Terms or the use of our website or services shall be subject to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada.

Termination

Pro Passport Photo reserves the right to terminate these Terms of Use, or suspend or terminate your access to our website and services, at any time and for any reason, without prior notice. Such termination may result in the forfeiture and destruction of all information associated with your use of our website and services. Upon termination, all rights and licenses granted to you under these Terms will immediately cease. The provisions of these Terms that by their nature should survive termination shall survive termination, including but not limited to the sections on Intellectual Property, Disclaimers, Limitation of Liability, Indemnity, and Governing Law and Jurisdiction.

Severability

If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from the Terms, and the remaining provisions shall continue in full force and effect to the fullest extent permitted by law. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision of these Terms.

Waiver

The failure of Pro Passport Photo’s enforcement of any provision of these Terms of Use or to exercise any right or remedy provided herein shall not be deemed a waiver of such provision, right, or remedy. The waiver of any breach of these Terms shall not constitute a waiver of any subsequent or continuing breach or a waiver of any other provision of these Terms.

Refund Policy

In the rare event that the printed photos are rejected by a government agency, we offer a free retake of the photo or a refund within 181 days if:

(a) You return the full set of photos in their original form.

(b) You provide a rejection letter from that government agency clearly stating the reason(s) for rejection as well as the date of rejection.

We cannot offer refunds if any of the original photo is missing or if they are not accompanied by the rejection letter from the government agency.

Please note the following regarding digital photos and the PIC (“Pro ID Cloud”) Code:

1. Digital Photos: We do not offer refunds for digital photos. Once a digital photo is received, downloaded, or accessed, it is considered as delivered and no longer eligible for a refund. Please ensure to review the photo specifications and requirements before downloading or using the digital photos.
2. PIC (“Pro ID Cloud”) Code: We do not offer refunds for the PIC Code associated with the digital photos. The PIC Code is a unique identifier generated for the digital photo access and does not qualify for a refund.