TERMS & CONDITION

LAST UPDATED: 12th Jan 2016

1.Subject Matter of the Contract

1.1 Elabs Company Limited (herein referred to as 'Elabs', 'we', 'us', 'our' and their affiliates) is the proprietor of www.ciderapp.hk/ciderbook (herein referred to as the “Website”), upon which it runs a service called Ciderbook, an easy way to turn Instagram photos into printed photo albums.
The Website is a hosted service operated by Elabs. Any use of the Website is subject to the following Terms and Conditions of Use (“Terms and Conditions”), as well as to Elabs Privacy Policy, all of which are incorporated by reference into these Terms and Conditions.

1.2 You are accepting the following Terms of use by accessing the Website.

2. Using the Website

2.1 To use this service, you must authorize Elabs to use your data in order to generate your creativity.
By choosing to include images, comments and any other content in the creativity you represent and warrant, at all times during the term of this Agreement, that the Content is owned by you or, to the extent owned by someone else from which you have permission to provide the Content to Elabs for use as described here and, in either case, that the Content does not contain any Personal Data about any individual other than you.

2.2 The use of the Website is free of charge, if you wish to purchase your Ciderbook a charge will be levied, payable by bank transferral, by making a purchase through the Website.

2.3 You cannot use content that you don't own or have permission to publish. We take all allegations of copyright violation very seriously (see para. 8) To that end, if you believe that material on the Website violates your copyright, you are encouraged to notify us by email. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Elabs or others, Elabs may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Elabs will have no obligation to provide a refund of any amounts previously paid to Elabs or owed to the user.

2.4 Using Elab’s services you are uploading your content to our servers for our usage to providing you the service. These information will be never be distributed for any reason to third parties.

2.5 The uploaded content and any generated creativity will be always your own property.

2.6 We reserve the right to limit the functional scope of the Website at any time or to discontinue the Service in its entirety.

3. Creation of your Ciderbook

3.1 After accessing the Website, you may create your personal Ciderbook, a Photo album of the contents from your Instagram.

3.2 In the course of creating the Ciderbook, you have the exclusive responsibility for the inclusion of the individual contents (photos and captions). The Website will automatically layout the contents to be included in the Ciderbook; the responsibility for the contents included, however, is exclusively yours. You accept suggested contents, you bear the sole responsibility for the legality of taking over these contents in your personal Ciderbook and you agree to indemnify Elabs to that extent for the claims of third parties (see on para. 7).

3.3 Book manufacturing is provided by our print-on-demand partners. Elabs reserves the right to reserve a portion of the back cover of any published Content for placement of a unique identifying number and/or Ciderbook logo.

3.4 Your Ciderbook creation is permitted only for your own, personal use. You may not distribute or in any other way commercially exploit the Printed Copies received for your personal use.

3.5 The Printed Copy of your personal Ciderbook is subject to charge. Respective stated prices apply and shipping costs. Elabs reserves the right to adjust the respective stated prices.

3.6 After You have completed the ordering process, We will confirm the conclusion of the contract by transmission of an e-mail to the e-mail address provided by You in the course of the order process. The contract is not effective until the confirmation e-mail has been sent to You. Elabs reserves the right to reject orders without reason. A right to conclude a contract does not exist.

4. Payment terms

4.1 The prices stated at the time of the respective conclusion of the contract shall be due at the time that the contract is concluded if not stated otherwise. The amount is due without a separate invoice. Printing orders would not proceed until payment is fully completed.

4.2 All prices stated include the respective sales tax where applicable.

4.3 Processing of payments shall take place exclusively via bank transferral.

4.4 If you are in possession of coupon as gift voucher or discount, you simply need to fill in the appropriate coupon code upon ordering your Ciderbook.

4.5 Private information of payment (bank account number, credit card number, etc.) are not stored on our servers: all transactions are executed on Bank, PayPal or Credit Card service provider’s secure servers.

4.6 The User cannot cancel his/her order after the payment has been received by Elabs or after both parties agreed to print the order before payment. No refund is granted in any case unless agreed by Elabs. The User would be responsible for any administrative and bank charges arouse upon refund.

4.7 Any order remains unsettled for 14 days would be forfeited, the order would deem to be cancelled automatically and all the respective contents would be discarded.

4.8 In case of printing issue, the User can be entitled to a re-print of his/her Printed Copy free of charge just after providing detailed documentation and proofs about the issue to Elabs; Elabs – at its own discretion – has the right to do not grant a re-print if the documentation is not sufficient to prove the issue.

4.9 Elabs is not responsible for any shipping issue (including but not limit to shipping delay and product damage during shipping); no compensation, reprint nor refund by Elabs in any case of shipping issue.

5. Rights of use to the content

By authorizing the Website to access your Instagram account, You grant Elabs a right of use to all content from your profile on, which is non-exclusive and unlimited in geographical scope. This grant of rights includes in particular the rights in respect to the handling of content: reproduction, making publicly available, as well as the right of configuring, formatting, technical processing, transmission and displaying said content on (also mobile) end devices. The above-mentioned grant of rights is limited to the use of the contents for the purpose of providing the Service. You may revoke these rights of use at any time.

6. General obligations of the User

6.1 You are obligated, in using the Website as well as in the context of the ordering process, to make true, current and complete statements.

6.2 You are obligated to ensure that your access to our Service is used exclusively by You.

6.3 In addition, users are prohibited from utilizing software, other scripts or mechanisms in connection with the use of the Application, which may impair the functionality of the Website.

6.4 You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Ciderbook Services (including Content, advertisements and Software).

7. Responsibility

7.1 You bear the exclusive responsibility, without limitation for all texts, photos, graphics, videos, files or other materials and submissions (「Contents」), which are saved, reproduced or published in the course of using the Service. Insofar as You permit the use of our Service by a third party, in particular, a minor, You, as the contracting party are responsible for all Contents which are saved, reproduced or published by the third party using the Service.

7.2 You guarantee towards Us that You possess all rights in regards to the Contents, which are taken over into your personal Ciderbook and that no rights of third parties, irrespective of type, no statutory provisions and no provisions of these Terms of Use. In case You are not the owner of the rights to any of the Contents taken over into your personal Ciderbook, You guarantee that You have effectively obtained all required legal transfers, licenses, permissions and consents. For the case You violate one or more guarantees or these Terms of Use, You shall indemnify Us according to para. 10 for any liability towards a third party and shall hold us harmless to the fullest extent.

7.3 Although We do not generally review or monitor the Contents of users, We reserve the right – in our sole discretion and without providing the reasons – to refuse (where appropriate, partially refuse) and to block or delete with immediate effect, Contents which are accessible over our servers, in particular insofar as third parties make us aware of Contents which contravene these Terms of Use.

8. Reporting violations of rights

In case You think that your intellectual property rights or any other of your rights are being violated by the Contents of another user, please inform us by mail or via the on-line contact form including the following information, so that We may proceed against the misuse of our Service and protect your rights: a description of the work which is, for example, protected by copyright, which in your opinion is being infringed upon; a description of where the material may be found which in your opinion violates intellectual property or other rights, providing the URL, your address, telephone number and e-mail address; a declaration from You that, according to the best of your knowledge and in good faith, the objected use of is not permitted by the owner of the rights or by the owner's authorized representative or by legal provisions. Elabs shall, according to its sole commercial discretion, decide whether the objected Contents of will be hidden or deleted.

9. Data Protection

Elabs is authorized to collect, process and use the data obtained from the User as well as those data, which accrue in connection with the use of the service according to legal provisions to the extent this data is required for the implementation of the Service and contractual performance.

10. Indemnification for liability

The User shall indemnify Elabs for all demands and claims which are raised by other users or third parties based on or in connection with Contents which are saved, published and/or transmitted within the framework of this Service or are based on the use of the Service or based on violations of these Terms of Use or on violations of the rights of third parties. This includes the respective reasonable attorney's fees and court costs. In addition, the User is hereby obligated to make available to Elabs in the case of the assertion of a claim by a third party immediately, truthfully and completely all information which is required or useful in evaluating the claims or preparing a defense.

We reserve the right to modify these Terms of Use having effect prospectively.

If you have any questions about these Terms, please contact us at hello@ciderapp.hk