There is no requirement to create an account with us before using our service. To begin creating the 123Smile range of products, you will need to download the FREE Photobook Designer software ("Software") and follow the simple instructions for the related Photo products.
There is no legal minimum age requirement to browse this website. However, anyone below the age of 18 should obtain parental consent in using our services, and for the submission of credit card information when placing an order. We strongly recommend that parents and guardians supervise their children's use of the Website.2. Software License, Copyright & Ownership of Content
All Software material, information and content offered by 123Smile are protected by copyright and other applicable laws. You agree that you will not reproduce, modify, decompile, disassemble or derive the source code for the Software, publish any performance or benchmark test or analyses relating to the Software or the use thereof. You are allowed to use these materials so long as you do not change the materials or remove any copyright or other proprietary rights notices included in the materials. You may not distribute or copy such material without the written permission of the copyright owner.
By downloading the Software, you understand that while we take serious measures in preventing any security issues, we do not guarantee the Software will be free of viruses, errors or any contaminating or destructive codes, such as worms or Trojan horses.3. Third Party Links
We may provide links to third-party sites that might be of interest to you. We have no control over the content or availability of these sites. It is your responsibility to read and understand each site's privacy and other policies and terms and conditions of their service. If you have any questions or concerns regarding these third-party sites, please contact their site's web master or site administrator.4. About your content
You may upload your photo book design to 123Smile through Photobook Designer or by providing us with a PDF that meets the specifications required by us. Context of design includes without limitation, photographic images and texts, files, works of authorship, illustration and drawings as part of your use of the Service.
Under these Terms of Service, you warrant that you will not use any of the services for any fraudulent or illegal purpose, and you may NOT place any of the following material using the Service:
I. Any material that could infringe on the rights of publicity,
privacy or copyrights without the approval and consent of the owner of these rights;
II. Any material that is unlawful, obscene, pornographic, indecent, defamatory, offensive, abusive, threatening, or otherwise inappropriate and harmful to children in any way, or could give rise to any civil or criminal liability under applicable law;
III. Any material that contains viruses, worms, corrupt files, Trojan horse or other sort of corrupted codes.
IV. Any material that is offensive or promote racism, bigotry or hatred against any group or individual
While 123Smile does not and cannot review all submissions, and is not responsible for their content, 123Smile reserves the right to move, refuse to print and delete submissions that, in its sole discretion, is believed to be as described in paragraphs (1) through (4) above, or otherwise unacceptable. You acknowledge and agree that any submission may be published, copied, customized or removed for the purposes of delivering the Services. In addition, you undertake that you will be liable for any action taken against 123Smile in relation to such activities and will fully indemnify 123Smile against all actions, claims, demands or costs which may arise as a result.
We do not store your order information such as delivery, payment and billing data, and storage for uploaded files are optional. Therefore we recommend that before submitting files to us, you retain a copy for yourself to use for future re-ordering, or in the unlikely event of your digital images being corrupted or lost. You should always retain your own copies of all files uploaded or otherwise supplied to us. 123Smile has no ownership in any of your book content.5. Order Policy
Your receipt of an electronic order or other form of order confirmation does not signify 123Smile’s acceptance of your order, nor does it constitutes confirmation of our offer to sell. 123Smile reserves the right at any time after receipt of your order to accept or decline your order for any reason. 123Smile also reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by 123Smile upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order.6. Fee and Payment Terms
All prices are in Australian Dollars and payment must accompany each order. There is no charge for browsing or accessing the Site. Prices, products and services offered are subject to change without prior notice from time to time in its discretion upon posting by 123Smile on the website. Please refer to our Products Price List for a complete listing.
You hereby agree to pay all fees and charges incurred in connection with your orders which include without limitation taxes, duty imports, value-added taxes and customs clearance (if any). Payment terms will be via online credit card transactions, or unless otherwise stated. We reserve the right to refer to your credit card provider. 123Smile will not be held liable for any losses you may suffer as a result of unauthorized use of your credit card by any other party. An electronic sales order confirmation will be sent to your email address once your order has been captured into our system.
Failure to submit a valid payment may result in refusal to process the requested service(s). In the case that an order with a paid deposit is processed, we will hold the order for 60 days, or unless otherwise stated. During this period and until the balance amount is paid in full, 123Smile may send a notice to the customer's email address to inform of their balance due. If the balance due is not paid within the said period, 123Smile may exercise its right to charge a handling fee and discard any unpaid property. Prices and specifications are subject to change without notice in any circumstances other than where an order has been accepted by us.
In cases of disputes, you must alert us by writing to our customer service within 7 days after receiving your credit card statement, if you dispute any of our charges on that statement. If 123Smile does not receive payment from your credit card issuer, you are obliged to pay all amounts due upon demand by 123Smile.7. Delivery of Products
All products or prints will be delivered to the delivery address supplied by you during the order process. Time for delivery is an estimate only and it is not a condition of this agreement. Delayed delivery is not a basis for cancellation of the order or a request for compensation. Orders may be refused if we believe that there is any infringement to this Terms of Service, and entirely at the discretion of 123Smile.8. Force Majeure
A party will not be liable for non-performance or delay in performance caused by any extraordinary event or circumstance beyond the control of such party including, without limitation, wars, strikes, riots, hostilities, revolutions, national emergency, explosion, civil commotion, embargo, fire, flood, earthquake, volcanic eruption, and force of nature or any “act of God”.9. Satisfaction Guarantee & Return Policy
123Smile is proud of the outstanding quality and craftsmanship of our products, and provides 100% Satisfaction Guarantee against any manufacturing defects. Refunds and cancellation of order is generally not provided except for cases of process or product malfunction (i.e., workmanship defect, book arrives damaged, product do not match ordered items)
123Smile reserves the right at any time to substitute/change brand as well as material used in production of your book without prior notice. In cases of material shortage, we will substitute by using the next best alternative material of the closest quality and specification.
IMPORTANT: We do NOT accept any amendments or changes to be made to the file ONCE the file is uploaded. Therefore, it is customer’s responsibility to check the proofs thoroughly before uploading their book for process.
123Smile is not responsible for customer generated mistakes, errors or defects including spelling, typographical or grammar errors, poor image quality derived from low-resolution images, order quantity or other ordering errors. Please be sure to preview your books carefully before placing your order. Images and text will be printed as they appear in the Preview. We do not proofread for, or correct, any such customer generated mistakes.
To file a complaint, kindly contact our customer service by writing to us together with picture of problem/areas of dissatisfaction. We will assess the condition of the item(s), and at our sole discretion to either repair or replace the product(s) that does not meet the warranty or condition. All defective products must be returned to us within 14 days of receipt upon request.10. Acceptance of Agreement
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. 123Smile reserves the right, at our sole discretion, to update or make modifications to this Terms of Service from time to time. If you have a question regarding our Terms of Service, please contact us through our Customer Support and Feedback page.11. Copyright Information
Copyright © 2010. All Rights Reserved. The logos and trademarks displayed on the Website are the sole property of 123Smile. Usage of these marks is strictly prohibited.
Production will not commence until payment is made in full and completed. Please take note that BOTH PAYMENT AND FILE UPLOAD MUST BE COMPLETED WITHIN SPECIFIED DATELINE to be entitled for the discount/offers/promotions.Discount Codes
Discount Codes provided by 123Smile are used for, but not limited to, receiving a specific discount percentage on an order. Codes will vary from time to time and this means that discounts will also vary. Codes are applicable to the specific book styles/sizes outlined in the "Instructions" section of all discount code Terms and Conditions.Usage & Validity
Discount Codes must be entered at the time of ordering to be eligible for use. There is no limit on the use of the discount codes unless otherwise indicated. The discount code must then be used before the indicated expiry date/time.Discount Codes cannot be:
I. used in conjunction with any other discounts, promotional codes, gift vouchers;
II. applied to orders previously submitted;
III. used to pay for, nor shall be applied to applicable taxes or shipping and handling charges;
IV. used as cash value and are not for resale and are not redeemable for cash;
V. eligible for credit or a refund.
YOU ARE REQUIRED TO CONFIRM THAT THE DISCOUNT HAS BEEN APPLIED by verifying the discounted price adjustment shown in the payment before proceeding to the payment transaction. Failure to input the discount code will not reduce the price amount and make the code ineligible for use once the order has been completed. This means that extra payment made will not be refunded and is not a valid reason for cancellation of the book order.Product Returns
123Smile is not responsible for customer generated mistakes. If there is a production issue, we will assess the condition of the item(s), and at our sole discretion will decide to either repair or replace the product(s) that does not meet the warranty or condition. Delayed in delivery or change of material is not a basis for cancellation of the order or a request for compensation. Visit our Return Policy for more information.Offers & Promotions
123Smile reserves the right to change these Terms and Conditions at its sole discretion and reserves the right to discontinue any offers and promotions at anytime. In the incident that an ineligible code is used, 123Smile reserves the right to request additional payment on any outstanding charges. Production will not commence until payment is made in full and completed. A request for additional payment is not a valid reason for cancellation of a book order.
In providing you our service for producing the range of 123Smile products, you will be required to download our free Photobook Designer software. To activate the software we will require your name and a valid email address, and where an order is made, we will ask for relevant (compulsory) billing and delivery information.
Your personal data, including the digital pictures you voluntarily provide, will be used only for the purpose for which you have provided them, and they will not be shared or disclosed to third parties without your consent. You may also be asked to provide other optional information such as gender, contact numbers, camera makes, hobbies and etc. where submitting such information is entirely voluntary. Access to this data is limited to authorized 123Smile staff only.
We may from time to time, use demographic data to tailor your experience at our website, or use this information to send you contents, announce new products and offers that we think might be relevant to you, based on the information you provided. We may also conduct surveys or promote contests. You may decline these mailings, or choose to opt out at any time, without sacrificing any rights to use or order any products and services offered by 123Smile.
123Smile may however, reserves the right to disclose any relevant personal data in its sole discretion, with or without a warrant or court order from any law enforcement agencies, if we believe that the disclosure is necessary to protect ourselves, or our business in certain situations, where you: (a) are in violation of the Terms of Service governing this site; (b) have engaged, or are alleged to have engaged, in any activity purporting to infringe upon the intellectual property rights of another; or (c) have engaged, or are alleged to have engaged, in any other illegal conduct or activity. 123Smile also reserves the right to report any suspected illegal activity to such entities for investigation and prosecution.2. Security
123Smile is committed to protecting the security of your Personal Information. When sensitive information (login information, credit card number, expiration date) is provided, we encrypt this information using secure socket layer (SSL) technology. We do not store credit card information. Although, 123Smile has taken the necessary steps to safeguard your Personal Information, please be aware that we cannot fully eliminate security risks, and will not be liable for any losses you may suffer as a result of unauthorized use of your credit card by any other party.3. Software License & Updates
Photobook Designer is royalty-free and non-exclusive Software which is provided by 123Smile to allow its customers to uniquely create and design professional made photobooks. Any updates, designs and templates will also be considered as part of the Software. This Software is a non-transferable internal use license under copyright to use, display, execute and perform the Software for the sole purpose of creating photo books for production by 123Smile.4. Content
Upon uploading, you hereby acknowledge that the Content you provided complies with the rules and regulation stated in our Terms of Service. 123Smile reserves the right to refuse to print any product that contains Content that breaches any of the stated Terms of Service and Privacy Policies. We will not reprint or publish your product or its contents unless authorization was given by the content’s owner/author. You will alert 123Smile if your product contains sensitive content such as nudity in order for us to make special arrangement in handling your book.5. Submission
Content cannot be modified once it is uploaded to the website and 123Smile has no obligation to review the Content that you have submitted. Hence, you agree that your book has been thoroughly proofed until fully satisfied, and that it is ready to be published. You agree that the uploaded file is free from any computer viruses, worms or any software intended to damage or alter a computer system or data before uploading it to our website. You further acknowledge that 123Smile is not required to keep electronic file of your book or maintain an archival copy of the printed book. 123Smile has no ownership in any of your uploaded content.6. Feedback
Should you choose to provide feedback on any of our products and services, we may use this feedback for any purpose such as but not limited to product/service improvement or testimonials.7. Copyright
If you found that your work has been copied or used in a way that constitutes copyright infringement, please contact us immediately. Please view our Copyright Policy for more details and instructions. We will investigate and take the right measure upon obtaining all needed information for verification and authentication.
123Smile is not liable to you for any loss you suffer in connection with your access or use of this Site, any linked websites or any software available at the Site. To the fullest extent permitted by applicable law, 123Smile DISCLAIM ALL IMPLIED OR EXPRESSED WARRANTIES OR CONDITIONS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify or make any addition to this limited warranty.
IN NO EVENT SHALL 123SMILE BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA OR OTHER INTANGIBLES; OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF 123SMILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM THE USE OR THE INABILITY TO USE 123SMILE'S SITE, MATERIAL, IMAGES OR SERVICES. FURTHERMORE, YOU ACKNOWLEDGE THAT 123SMILE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY OTHER PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING REST ENTIRELY WITH YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES; THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
As our customer, you agree to fully indemnify 123Smile, and all our Staffs and Agents from and against all damages, losses, expenses and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service, or any circumstances related to your negligence or wrongful conduct when using this Service.
All Software material, information and content offered by 123Smile are protected by copyright and other applicable laws. You are allowed to use these materials so long as you do not change the materials or remove any copyright or other proprietary rights notices included in the materials. You may not distribute or copy such material without the written permission of the copyright owner.Copyright Content
123Smile users are encouraged to notify us without further delay, if they discover that any material on the 123Smile website or in a book created by Photobook Designer software violates on the intellectual property rights of another author.
Do not hesitate to report to us in situation where you believe that your work or work from others has been copied, posted, or used in any way that constitutes copyright infringement.
Please alert our customer service immediately for us to investigate and take the appropriate action. Action will be taken in order to validate the genuineness of notification received and material in question shall be removed upon positive verification.
123Smile Gift Vouchers expire 6 months from the time of purchased unless specified otherwise at the time of purchase or on the voucher. Gift Vouchers can be used to redeem your photobook, calendar or canvas at anytime..Purchase
Gift Vouchers cannot be purchased using discount/promotional codes.Currency
Purchase of any Gift Vouchers will be denominated in the Australian DollarsValue
Gift Vouchers have no cash value, are not for resale and are not redeemable for cash. No offer substitutions or transfer rights are allowed. 123Smile is not responsible for customer-generated mistakes. For more information, please view our Return Policy.Usage
Gift Voucher codes cannot be used in conjunction with any other discount, promotional code, gift voucher, for additional pages, or other store accessories (e.g. slipcase, clamshell box, etc). You are advised to purchase the exact book type and style as per stated in your gift voucher when designing your product and redeeming your gift voucher.
Only one gift voucher can be applied upon checkout for each order. Upgrades, rush orders, purchase of accessories and shipping fees are not included in the usage/value of the gift voucher and will be charged at current retail prices. Gift voucher codes must be entered at the time of your ordering and cannot be applied after order has been submitted.Risk of Loss
Ownership of a gift voucher is transferred electronically via e-mail or by mail in hardcopy by 123Smile to the purchaser. 123Smile will not be held responsible and has no obligation to replace lost or stolen gift vouchers but you can report to us by contacting our customer service.Shipping Fees & Surcharges
Gift vouchers do not include shipping fee, tax and other applicable taxes and handling charges. Gift voucherss are valid for products only and cannot be used to pay for, nor shall be applied to, applicable taxes or shipping and handling charges.Gift Voucher Acceptance
123Smile reserves the right to refuse use or redemption of your gift voucher if 123Smile believes that the gift vouchers are abused, used, obtained, or purchased fraudulently, we reserve the right to request alternative form of payment, termination of the respective account, and take legal actions.Refund
123Smile will not refund payments made for purchase of gift vouchers.Warranty & Limitation of Liability
GIFT VOUCHERS SOLD BY 123SMILE ARE FREE OF ANY WARRANTY, EXPRESSED OR IMPLIED. 123Smile is not responsible for the quality, legality, authenticity or any other aspect of the book purchased using gift voucher.
While 123Smile does not review file submissions and is not responsible for the content, 123Smile reserves the right to move, refuse to print and delete submissions that, in its sole discretion, are believed to be as described in Terms of Service, or otherwise unacceptable. You may be required to re-submit your file should there be any corrupted data or images in previously submitted book files.IMPORTANT!
We do NOT accept any amendments or changes to be made to the file ONCE the file is uploaded. In the event where amendment or file/image replacement is reported before our production commences, a re-submission fee may be charged.Image Quality
123SMILE DOES NOT REVIEW NOR IS RESPONSIBLE FOR EDITING IMAGES DESIGNS. 123SMILE IS NOT RESPONSIBLE FOR THE QUALITY OF YOUR IMAGES.Image Quality
123Smile will investigate whether a defect is deemed a manufacturing issue or a customer generated issues. Regarding concerns with dark in contrast images, please remember that all computer monitors and LCD screens are calibrated differently. This means that each monitor will reproduce colours differently because the brightness and contrast adjustments are different on each individual computer monitor. Prior to adjusting or editing your images, ensure that the brightness and contrast settings on your computer monitor are at the lowest possible or according to your desired calibration and image output.
123Smile reserves the right to refuse any refund, compensation or reprint/remake of book(s) in the incidences that (a) photographs//img/backgrounds/graphics appear dark in contrast but which are consistent with the properties of darkness/contrast levels of the original book file and (b) existing photographs//img/backgrounds/graphics are of low DPI resolution and aspects such as blurriness or pixilation which have compromised the quality of final product.
We are NOT responsible for any customer-generated mistakes, errors or defects including spelling, typographical or grammar errors, poor image quality derived from low-resolution images, order quantity or other ordering errors. Your uploaded file/order will be treated as the final submission and production will commence on an immediate basis upon receiving your order. It is your responsibility to check and ensure that your file is free of errors.IMPORTANT!
You are advised to check the quality and condition of all photographs//img/backgrounds/graphics prior to sending your order to print specifically if extensive editing is done such as and not limited to: resizing, zooming, cropping, and any such actions that risk reducing the overall resolution. 123Smile reserves the right to decide whether to reprint or refund any product(s) and determines the final assessment of whether defects are due to customer generated mistakes.Condition of Goods
Please note that each photobook, calendar and canvas is individually hand-made using 123Smile's quality materials and craftsmanship. No two books can ever be duplicated exactly. Minor differences across different prints of the same book and/or across books printed including, but not limited to, slight variances in colour fidelity and binding type are not valid reasons for cancellations, reprints or refunds on book orders.
We aim for the utmost in quality checks and assurance on all orders. In the unfortunate case that such issues arise like wrinkling or wavy pages or such defects related to the physical condition of your book order, please contact our customer service centre. We will investigate and handle your concerns with priority.
You are advised to alert us in cases of manufacturing errors, such as mistake in pagination order or physical condition of the book order. We shall assess the condition of the item(s), and at our sole discretion, we will decide to either repair or replace the product(s) that does not meet the warranty or condition.
For more information, please visit Return Policy.Material
123Smile reserves the right to substitute/change materials used in the production without prior notice, including but not limited to paper, cover, cover material, endpaper, and canvase. In the case of material shortages, we will substitute by using the next best alternative of the closest quality and order specifications.
If you order or reorder with us, and materials or book options happen to be different than advertised on our website due to unavailability or changes, this does not warrant the ability to request reprints, refunds or cancellations on orders.Delivery of Products
123Smile works closely with reputable and reliable courier partners including. Orders will be delivered to the given address provided by customers during the order/checkout process. 123Smile reserves the right to change shipping agents without prior notice.
Delivery and production time may vary during peak and holiday seasons and is also dependent on your order and quantity. With that said, please keep in mind that we cannot control the timelines and shipment schedules of our delivery providers or services, especially during holidays. Delayed delivery is not a basis for cancellation of the order or a request for compensation.
Delay or failure to submit a valid payment or complete file may result in refusal to process and/or delay in production/delivery. 123Smile will not be liable for delay in delivery caused by but not limited to late file submission, corrupted files, delayed payment, or incorrect address.
Orders may be refused if there is any infringement to Terms of Service, and entirely at the discretion of 123Smile.Shipping Fees & Surcharges
123Smile customers are subject to additional charges including but not limited to shipping costs, applicable taxes, handling charges, special file submissions.
The use of Gift Vouchers does not include shipping charges and are valid for merchandise only. Gift Vouchers cannot be used to pay for, nor shall be applied to, applicable taxes or shipping and handling charges. Shipping charges are subject to the destination country, book size and weight of book.Satisfaction Guarantee
123Smile is proud of the outstanding quality and craftsmanship of its products, and provides 100% Satisfaction Guarantee* against any manufacturing defects. Refunds, reprints and cancellations of orders are generally not provided except for cases of product manufacturing defects including but not limited to product defects, damaged arrivals due to courier, order inaccuracies. In cases where you have a concern with the manufacturing of the book, please contact customer service together with required information & pictures within 14 business days of order receipt.
For more information, visit Return Policy.