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Terms and conditions of use

Introduction

1.     This page (together with the documents referred to on it) tells you the terms of use ("the Terms") on which you ("you", "the Buyer") may make use of our mobile phone application (“the App”), our website at www.touchnote.com ("the Website"), our Facebook App (“Facebook App”) - together the “Services”-  and/or the use of any related service ("Equivalent Service").  The Services are operated by, and any Equivalent Service provided by, Touchnote Limited ("we", "our" or "us"), whose registered office is at:

 

Touchnote Limited

Mercury House

Heather Park Drive

Wembley

Middlesex

HA0 1SX

United Kingdom

Company Number 06235264

VAT Number 928 0927 04.

 

Please read these Terms carefully before you start to use the Services or make use of any Equivalent Service. You may only use the Services or any Equivalent Service if you agree to these Terms. Your downloading, activation and installation of the App and your use of the Services or any Equivalent Service indicates your acceptance of these Terms.  If you are unhappy with any aspect of these Terms, then you should contact us before placing an order with us by email at: help@touchnote.com or by post to:

 

Touchnote Limited

Unit 3, 17-19 Bonny Street

London

NW1 9PE

United Kingdom

 

The Services are designed for your convenience and if you have any comments or problems and any questions regarding any part of the Services and/or products and services featured in the Services, please send an email to help@touchnote.com.  If you have experienced technical problems while using the Website please contact us.

 

2.     The Services that we provide may only be used in accordance with these Terms. The services include, but are not necessarily limited to:

a.     the ability to upload digital images to the App, Facebook App or Website; 

b.     the ability to order postcards and greeting cards on which we can print images that have been uploaded to the App, Facebook App or Website; and

c.     the ability to order other products or services through the App, Facebook App and Website, for example buying credit.

Any Equivalent Service is likely to provide a service broadly similar to this, but construed accordingly where the service is provided not via the Services.  Notwithstanding this, and for the avoidance of doubt, these Terms shall apply to the use of any Equivalent Service.

 

3.     Only persons aged 13 years or over may access the Website and use the services offered by us.

 

4.     We may change, modify or revise these Terms of use at any time by amending this page. The changes made to the Terms will come into effect as soon as they are posted on the Website and/or within the other Services or any Equivalent Service will be subject to the amended Terms. You are expected to check this page from time to time to take notice of any changes we may have made, as they are binding on you.  By continuing to use the Services or any Equivalent Service you will be deemed to accept such variations of these Terms. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Website.

 

Licence to use the Services

5.   Subject to your compliance with the terms and condition of this Agreement, Touchnote hereby grants you a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, revocable licence to download, install and use the Services (including for the avoidance of doubt the software therein) on the handset on which you install or use the Services for the sole purpose of your personal use of the Services from that handset, computer or any other electronic device.
 

6.   You agree not to copy, make commercial use of, loan, sell, assign, rent, lease, publish, redistribute, license, sublicense or otherwise transfer the Services.  You further agree, except only to the extent permitted by law, not to undertake cause, permit or authorise the modification, creation of derivative works, translation, reverse-engineering, reverse-compiling, decompiling or disassembling of the Services (or any part of it or its underlying software) or make any attempt to access the source code of the Services (or any part of it or its underlying software).

 

Your Account

7.   Subject to these Terms you may open an account with us by completing the Registration Form. Once your registration has been accepted (and until your account is terminated) you will be able to upload images to the Services, access parts of your account using the Services and (subject to agreeing any additional terms which are applicable) request services to be supplied by us (such as the printing of uploaded images). You agree to:

a.     provide true, accurate, current and complete information about yourself the "Registration Data" as prompted by the relevant registration form; and

b.     maintain and promptly update the Registration Data accessible using the Services to keep it true, accurate, current and complete.

 

8.   During the registration process you will be asked to supply your email address. This will help us to verify your identity on future visits. Should you register using an invalid email address or an email address that belongs to someone else, we may terminate your account at any time without notice.

 

9.   You will receive notices from us by postings on the Website or via one of the other Services, and by email to the email address specified in your Contact Information section.

 

10.   You will also need to provide a password in order to access your account. We do not permit you to share your password with any other person. You must keep your password secure at all times. You will be responsible for any damage or losses caused by unauthorised access resulting from your failure to keep your password secure. You agree to:

a.     immediately notify us if you become aware of any unauthorised use of your password or account or any other breach of security by sending an appropriately worded email to help@touchnote.com, and

b.     ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

 

11.   There is no charge for opening a Touchnote account. You will be notified of any charges at the time you request the products or services. When you place an order for products or services, for which there is a charge, you will need to supply us with your credit card or debit card and/or other personal details so that we may process the order for you. Any charges for the products or services requested will be billed to your debit card, credit card or PayPal account once the order has been accepted by us.

 

12.   In the event that you supply invalid credit or debit card details or details of a credit or debit card that belongs to someone else, we reserve the right to terminate your account at any time without notice and provide your details to the relevant authorities.

 

13.   If, for any reason, we believe that you have not complied with any of these Terms we may, at our sole discretion, cancel your ability to use the Services or have access to the Services immediately and without giving you any advance notice. Further, we reserve absolutely the right to withdraw or suspend the Services where we deem this to be necessary without notice and we will not be liable to you for such unavailability.

 

Uploaded content and images

14.   You may upload digital images when using the Services or otherwise use digital images in connection with the Services.  Images uploaded must be digital images in JPEG format. For further guidance and information on images and uploading please visit our help pages.

 

15.   Although we prohibit the uploading of certain types of image to the Services, we cannot control, nor do we comprehensively monitor the use of the Services. It is possible that images or other material may appear in the Services or in connection with any Equivalent Service which are unlawful or offensive and contravene our restrictions on content set out above. We are not responsible for such images or material but if you become aware of any such images or material please contactus without delay at:

 

Touchnote Limited

Unit 3, 17-19 Bonny Street

London

NW1 9PE

United Kingdom

E-mail:  help@touchnote.com

 

16.   We may at our discretion contact law enforcement authorities if we are made aware that anything unlawful is occurring or has occurred in relation to the use of the Services or any Equivalent Service including the uploading or emailing of any images in breach of the above restrictions on content. We may provide copies of any relevant images or material to the law enforcement authorities and in that connection may also give them access to any personal data that is held by us.

 

17.   We may without notice and at our sole discretion delete or remove any image that has been uploaded, emailed or submitted for printing in breach of these Terms.

 

18.   We may refuse to provide any services to anyone who breaches these Terms.

 

19.   You agree to indemnify us and our officers and employees and the Promoter against any action, claim, damages, liability, costs and expenses arising out of:

a.     any use by you of the Services or any Equivalent Service in breach of these Terms,

b.   any claim that the uploading or emailing of any images by you or on your behalf is an infringement of any third party's copyright, trade mark or other intellectual property rights; or

c.     any claim that the processing, printing or other dealing by us of any images uploaded or emailed by you or on your behalf is an infringement of any third party's copyright, trade mark or other intellectual property rights.

 

What You Are Allowed To Do

20.   You may use the Services and access any part of the Services provided that it is not password protected. Access to some parts of the Services is only available if you have a valid password. You may not access these areas without a valid password.

 

What You Are Not Allowed To Do

21.   You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material in the Services or as part of any Equivalent Service or from any copies or printed items taken of material from the Services or any Equivalent Service.

 

22.   You are not allowed to upload or order printed items which contain or use any images or other material including text based annotations and comments, which contain any of the following:

a.     material which is defamatory of any person;

b.     material which is pornographic, obscene, indecent or offensive;

c.     material which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

d.     material that is likely to incite hatred or violence against any person or group;

e.     material that is likely to deceive any person;

f.      material which concerns or relates to any criminal act;

g.     material the use or inclusion of which infringes any copyright, trademark, database or other intellectual property right of any third party;

h.     material made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; material which promotes any illegal activity;

i.      material which is threatening, abusive or invades another’s privacy, causes annoyance, inconvenience or needless anxiety;

j.      material which is likely to harass, upset, embarrass, alarm or annoy any other person;

k.     material used to impersonate any person, or to misrepresent your identity or affiliation with any person;

l.      material which gives the impression that it emanates from us, if this is not the case;

m.    material that advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse;

n.     material that breaches any applicable laws or legislation; or

o.     material that contravenes any International Olympic Committee (“IOC”) guidelines.

 

23.   You are not allowed to:

a.     create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Services or from any Equivalent Service except where expressly permitted in connection with the Services or in connection with the Equivalent Service;

b.     disseminate advertisements or for any other commercial purposes (which would include using the Services or any Equivalent Service to promote or encourage the sale of your goods/services);

c.     transmit or re-circulate any material obtained from the Services or any Equivalent Service to any third party except where expressly permitted;

d.     disseminate any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

e.   disseminate any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

f.    use the Services or any Equivalent Service in any way that might infringe third party privacy or other rights, is unlawful or that might bring us into disrepute; or

g.    post link(s) that take users to material that contravenes any of the above restrictions.

h.   send(at our sole discretion) excessive numbers of cards to yourself or to other people as part of any promotion, including, but not limited to, sending more than 10 postcards or greeting cards to the same address.

 

24.   We may assign or transfer any of our rights or sub contract any of our obligations under these Terms to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these Terms except with our specific permission in writing.

 

Rights

25.   You retain all intellectual property rights, including copyright, in those images that you have used whilst using the Services or in connection with your use of any Equivalent Service where you already own such rights. We are the owner (or the licensee) of all intellectual property rights in the Services or any Equivalent Service.

 

26.   We may display, modify, print, transmit or distribute any of the images that you upload or email to us, in order to provide any of the services offered by us through the Services or any Equivalent Service subject to these Terms.

 

27.   You warrant that you have the right to copy, upload or otherwise deal with those images in relation to the Services and/or your use of any Equivalent Service and to allow us to process and otherwise deal with those images in accordance with these Terms.

 

28.   You may not upload, request us to print, or otherwise deal with, in relation to the Services or any Equivalent Service, any images or other material where you do not have the right to do so or allow us to use such images or other material if such use would infringe any existing third party intellectual property or contractual rights. For example, you may not take photos from another website or other publication and do anything with them unless you have obtained the permission from the owner of the relevant right.

 

Operation of the Services

29.   We may change the format and content of the Services (or any products or services offered by the Servicese) or the provision of any Equivalent Service at any time.

 

30.   We may terminate or suspend the operation of the Services (or terminate or suspend provision of any products or services offered through the Servicese) or any Equivalent Service for support or maintenance work, in order to update the content or for any other reason. We may do this at any time and without notice.

 

31.   You are advised to keep backups of all material provided to us. In particular, it is up to you to keep backup copies of images uploaded by you or emailed to us. We will not be responsible for keeping backups or for the loss of, deletion or corruption of any images or any other material used in the Services or otherwise used in connection with any Equivalent Service.

 

32.   Because public networks, such as the internet and mobile phone networks, occasionally experience disruptions, we cannot guarantee the Services or any Equivalent Service will be available at all times. Although we strive to provide the most reliable Services possible, interruptions and delays in using the Services or an Equivalent Service are unavoidable and we disclaim any liability for damages resulting from such problems. 

 

33.   Information in the Services may contain technical inaccuracies or typographical errors. We attempt to make its descriptions as accurate as possible, but we do not warrant that the content in the Services is accurate, complete, reliable, current, or error-free.

 

Privacy and Data Protection

34.   Personal data provided to us through the Services or as part of any Equivalent Service which uses credits purchased by the Customer will only be used in accordance with our Privacy Policy. Please read through this carefully before proceeding. By providing your personal data to us you are consenting to its use in accordance with our Privacy Policy.

 

Services/Products

35.   Once you have placed an order for any products or services ("the Products") through the Services or via any Equivalent Service (including any order for printing services), the order will not be treated as having been accepted until you receive confirmation from us that this is the case. This confirmation may be provided by email or post.

 

36.   The decision as to whether to accept any order from you is at our sole discretion.

 

37.   In the event that the Products are produced and prior to dispatch are then discovered to be in breach of these Terms, we will not dispatch the Products. We may, at our sole discretion, refund all or a proportion of the payment made in respect of the order concerned but reserve the right to charge in full as if the Products had been dispatched.

 

38.   We have a policy of continuous product development and reserve the right to amend the specifications of any of the Products without prior notice. Products supplied by us may therefore differ as a consequence of multi-standard colour systems, notably the international screen based colour system of RGB and the print colour system of CMYK.

 

39.   We endeavour to display and describe as accurately as possible the printed colours of the Products but cannot undertake to give any assurance that the colours of the Products supplied will exactly match those displayed on the Customer’s monitor, mobile phone or any other electronic device.

 

Price, Payment and Currencies

40.   If you pay to use the Services, any price stated (if at all) will include Sales Tax/VAT at 20% if applicable. You shall be responsible for any other taxes applicable in the territory to which the Products are sent.

 

41.   Payment must be made by credit card, debit card or PayPal at the time of placing an order which is accepted by us. Payment in full will be taken at this time and a contract will be in force.

 

42.   You warrant that all details provided to us for the purpose of your order and its delivery will be correct and;

 

43.   that the chosen method of payment is our property and that sufficient funds or credit facilities are available to cover the full cost of the Products ordered.  We reserve the right to obtain validation of your credit card, debit card or PayPal details before accepting your order.

 

Payment on Account (Credit).

44.   We may from time to time offer a scheme whereby customers may make a payment on account as advance payment for goods in return for additional bonus credit which may be used to pay for applicable goods.
 

45.   The system of payment on account and bonus credit may be referred to as "Credits" for promotional purposes. We may change this name from time to time but these terms and conditions shall apply to any scheme involving advance payment for goods.
 

46.   Credits that have been purchased and bonus credit amounts awarded are separately recorded and the total balance of credit is shown in your account under ”Credit”.
 

47.   Applicable goods means any printed products manufactured by us. Non applicable goods will be offset entirely against the cash balance on the account.
 

48.   At the point of checkout our system will check your Credit balance. Any applicable goods will be paid for by drawing down the paid and bonus balances pro rata.
 

49.   Any payment made on account shall be deemed as a payment for goods and services to be ordered from us. After the initial refund period described below our liability to you will be to provide goods and services to value of the account balance. Cash balances will not be returned except in cases where the customer has received defective goods or service and requested a refund of the unused prepay cash balance held on the account.
 

50.   When a period of 12 months has passed with no orders placed we will assume that your account is no longer active and the Credit balance will expire.
 

51.   If you change your mind after making a payment on account you may request a refund by calling customer services within 14 days of the transaction. In such cases the amount refunded will be the sum of the original payment less the value of any goods bought on account. Refunds can only be made to the credit card, debit card or PayPal account used to make the original purchase.

 

 

Cancellation

52.   You may cancel your account by contacting usor by post. You may be asked to provide proof that you are the holder of the account. Your account will be cancelled as soon as reasonably practicable following receipt of your email or letter.

 

53.   We may cancel your account without notice at our sole discretion.

 

54.   Once your account is cancelled, any images that you have uploaded will be removed from the Website and your password will no longer enable access to the password protected areas of the App or Website.

 

55.   Once an order for a Product has been placed by you, you have confirmed the order and the order has been printed, you may not cancel the order.  Once an order has been printed we are unable to provide you with a refund if you change your mind about your order.  This does not affect your statutory rights as a consumer.

 

Limitation of liability

56.   The Services are provided on an "as is" and "as available" basis.  Touchnote does not, either expressly or impliedly, make any warranties, claims or representations with respect to the Services including, without limitation, warranties or conditions of quality, performance, non-infringement, merchantability or fitness for use for a particular purpose.  Touchnote does not represent or warrant that availability or use of the Services will be uninterrupted, timely, secure, error-free or virus-free.  Access to the internet and your mobile network is provided by your internet service provider and mobile network provider respectively, and as such is outside the control of Touchnote – accordingly, Touchnote cannot accept any responsibility or liability for any failure of your mobile network, or any losses or damage suffered as a result

 

57.   Touchnote is not responsible for the content of any external website featured as a link in the Services, nor are we responsible for the content of any advertiser’s website or the conduct of any business or individual advertising in the Services or related to any Equivalent Service.  Any such links are provided merely as a service to users of the Services or any Equivalent Service and their inclusion does not constitute an endorsement by or affiliation with Touchnote.

 

58.   We will not be liable for faulty goods unless a claim is notified to us in writing within 28 days of receipt of Products, or in the case of non-delivery, within a reasonable time after the Products were expected to arrive. The notification must include the order confirmation number and details of the claim. In the case of a valid claim, we may, at our sole discretion, replace the Products (or the part in question) or refund to you the price paid for the Products (or an appropriate proportion of the price).  We will have no further liability to you in respect of the matters referred to in this clause.

 

59.   We will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under these Terms by reason of any event or circumstance outside our reasonable control, including (but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Acts of God.

 

60.   Where information (including sensitive financial or personal information) is provided to us (whether directly through the Services or otherwise) you accept that these methods of communication cannot be 100% secure. Where sensitive financial information is provided to us we use encryption software to attempt to prevent unauthorised access to this information being obtained. However, we cannot accept any responsibility or liability for any damages arising from the misuse or loss of data or information submitted by you to us directly through the Services or otherwise.

 

61.   The liability of Touchnote, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of our obligations in connection with the use of the information provided under these Terms, or the rendition of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) for such Products or services. In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing or providing materials, supplies or services; cost of replacement capital; claims of Buyer's customers; inventory or use charges; or incidental or consequential damages of any nature.

 

62.   This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising these Terms. It is up to you to take precautions to ensure that whatever computer equipment and/or software selected for use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. In no event will we be liable to you or any other any party associated with you for any direct, indirect, special or other consequential damages for any use of the Services or any Equivalent Service, or any other hyper linked Website, including without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we have been expressly advised of the possibility of such damages. 

 

63.   Nothing in these Terms shall restrict or exclude any liability that we have to any party which cannot be excluded by law and in particular, and notwithstanding any term of these Terms, our liability for death or personal injury caused by our negligence shall not be limited or excluded in any way.

 

Computer viruses

64.   We will use reasonable endeavours to ensure that the Services and any Equivalent Service do not contain or promulgate any viruses or other malicious code. However, it is recommended that you should virus check all materials used in connection with the Services or any Equivalent Service and regularly check for the presence of viruses and other malicious code. We exclude to the fullest extent permitted by applicable laws all liability in connection with any damage or loss caused by computer viruses or other malicious code originating or contracted from the Services.

 

Severability

65.   In the event that any term of these Terms is held to be invalid or unenforceable, the remainder of these Terms shall remain valid and enforceable.

 

Law and Jurisdiction

66.   These Terms (and the provision of Products by us) are governed by and to be interpreted in accordance with English law. In the event of any dispute arising in relation of these Terms or in relation to the provision of any products and services by us the English courts will have non-exclusive jurisdiction over such dispute although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or other relevant country.

 

Third Party Rights

67.   No person who is not a party to these Terms shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these Terms is intended nor shall affect any of your statutory rights that may not be legally excluded.

 

Termination

68.   Without prejudice to any other rights or remedies, Touchnote may limit, suspend or terminate this Agreement and your use of the Services with immediate effect if you have breached the terms of this Agreement or if Touchnote reasonably suspects that you have breached the terms of this Agreement.  Upon termination of this Agreement for whatever reason: (a) all licences and rights to use the Services shall immediately terminate; (b) you will immediately cease any and all use of the Services and (c) you will destroy and/or delete all copies of the Services in your possession or within your control.  Touchnote reserves the right to modify, suspend or discontinue provision or operation of the Services at any time, and will endeavour to warn you in advance of any such modification, suspension or discontinuation.