Introduction and purpose of this document
2. The services are provided and operated by WishYouWereHere.today Ltd (“we”, “the company”) registered in the United Kingdom, Company Number 9799764.
3. These Terms do not affect your statutory rights. They are designed to set out the responsibilities of the company and the rights of the user and/or the buyer.
4. Please read these Terms carefully before using the services. You may only use the services, including the mobile app, website and other services if you agree to these Terms.
5. Usage of the services indicates your acceptance of these Terms. If you are not happy with any aspect of these Terms, then you should contact us before placing an order. Contact us via email at firstname.lastname@example.org
6. If you have any further comments or questions regarding the services provided, please email us at email@example.com. If you have any technical concerns regarding the services, please contact us on the same email address.
Scope of services
7. The services include but are not limited to:
7a. The ability to upload digital images to the mobile apps or website.
7b. The ability to author or otherwise generate content including messages and postal addresses for use on the mobile apps or website.
7c. The ability to order postcards or other printed products (“the Products”) on which we can print images that have been uploaded to the mobile apps or website, or are already available via the mobile apps or website.
7d. The ability to manage your activity on the mobile apps or website, for example by setting preferences.
7e. The ability to engage in any activities related to the services provided by or curated by the company, such as competitions and social or community activities.
Age and geographical restrictions
8. Only persons aged 10 years or over may access the services offered by us.
9. The services are available globally via the Internet unless any host government prevents access. Only users who are permitted by their host government are invited and allowed to use such services.
Changes to these terms
License to use the services and prohibitions
11. Subject to your compliance with the terms, the company hereby grants you a limited, personal, non-commercial, non-exclusive, not-sublicensable, non-assignable, revocable license to use the services, including the mobile apps or website and other services.
12. You agree not to copy, make commercial use of, loan, sell, assign, rent, lease, publish, redistribute, license, sublicense or otherwise use the services in any way not explicitly agreed within these Terms, or unless explicitly agreed with the company. 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, revers-engineering, reverse-compiling, decompiling or disassembling of the mobile apps or website (or any part of their underlying software) or make any attempt to access or copy the source code of the mobile apps or website (or any part of their underlying software).
Your personal data
13. As part of your use of the services or in relation to your use of the services, you may be asked to provide identifying or personal information, such as an email address or postal address.
14. When you respond to a request for identifying or personal information about yourself, you agree to provide true, accurate, current and complete information to the extent requested. It is your responsibility to ensure that this is the case.
15. In the case where the company believes inaccurate or inappropriate identifying or personal information has been submitted, we reserve the right to remove this information and take appropriate legal steps if appropriate.
16. If you become aware of any unauthorised use of your identifying or personal information in relation to the services, or any other breach of security, it is your responsibility to contact us at firstname.lastname@example.org
17. If, for any reason, we believe that you have not complied fully with these Terms we may, at our sole discretion, cancel your use of the services without giving you any advance notice. Furthermore, we reserve the right to withdraw or suspend the services where we deem this to be necessary without notice and we will not be liable for such unavailability.
Use of uploaded content and images
18. You may upload digital images to the services via the mobile apps or website or other services. Images uploaded must be digital images in JPEG, GIF or PNG format.
19. Although we prohibit the uploading of certain types of content and images to the services, we cannot control and nor do we monitor every item of content or every image generated by Users in their use of the services.
20. When you upload or use an image or generate content (including messages and postal addresses) to create a Product using the Service, you accept all responsibility and liability for the use of that image and content. In accepting these terms, you agree that you only use images and content which you know you have the right to publish and share, and which you know will not cause offence or contravene any laws in any countries through which the Product may pass, including the country in which the Internet-based Service is used and the countries involved in any destination addresses for physical Products.
21. It is possible that images or text content or other material may appear in the mobile apps or website or other services, or in the resultant Products (postcards or other printed materials) which are unlawful or offensive and contravene our restrictions on content published within these Terms. We are not responsible for such images or material but if you become aware of any such images or material, please contact us via email at email@example.com
22. 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, 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 or identifying information that is held by us.
23. We may without notice and at our sole discretion remove any image or content that has been uploaded or generated, or in any other way submitted to the services, that is in breach of these Terms.
24. If, for any reason, we believe that you have not complied fully with these Terms we may, at our sole discretion, cancel your use of the services without giving you any advance notice. Furthermore, we reserve the right to withdraw or suspend the services where we deem this to be necessary without notice and we will not be liable for such unavailability.
25. You agree to indemnify us and our officers and employees against any action, claim, damages, liability, costs and expenses arising out of any of the following circumstances:
25a. Any use by you of the services in breach of these Terms;
25b. Any claim that any images or content uploaded or generated by you or on your behalf is an infringement of any third party’s copyright, trademark or other intellectual property rights;
25c. Any claim that the processing, printing or other dealing with images or content uploaded or generated by you or on your behalf is an infringement of any third party’s copyright, trademark or other intellectual property rights.
General allowances and restrictions in use of the services
26. You may use any part of the services, including the Website, the Apps and the Mobile Website, that is not password protected or in any other way marked as inaccessible by the general public.
27. The contents of the mobile apps or website and other services are protected by copyright, database right, trademark and other intellectual property rights (‘IPR’). You acknowledge that all IPR in the mobile apps or website and other services are owned or are lawfully licenced to the company (WishYouWereHere.today Ltd).
28. You are not allowed to remove any copyright, trademark or other intellectual property notices contained in material in the mobile apps or website or other services, or from any Products generated through the services, including copies, digital items or printed items.
Restrictions on images and content
29. You are not allowed to use the services to upload or order Products which contain or use any images, textual content or other material (including text based annotations and comments) which contain any of the following:
29a. Material which is defamatory to any person;
29b. Material which is pornographic, obscene, indecent or offensive;
29c. Material which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
29d. Material that is likely to incite hatred or violence against any person or group;
29e. Material that is likely to deceive any person;
29f. Material which concerns or relates to any criminal act;
29g. Material the use or inclusion of which infringes any copyright, trademark, database or other intellectual property right of any third party;
29h. 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;
29i. Material which is threatening, abusive or invades another’s privacy, causes annoyance, inconvenience or needless anxiety;
29j. Material which is likely to harass, upset, embarrass, alarm or annoy any other person;
29k. Material used to impersonate any person, or to misrepresent your identity or affiliation with any person;
29l. Material which gives the impression that it emanates from us, if this is not the case;
29m. Material that advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
29n. Material that breaches any applicable laws or legislation.
Restrictions on use of the services
30. You are not allowed to:
30a. Create a database or store (in digital form or otherwise) that includes material downloaded or otherwise obtained from the services provided except where expressly permitted in the mobile app, website or other services;
30b. Disseminate advertisements or for any other commercial purposes (which would include using the services to promote or encourage the sale of your goods/services);
30c. Transmit or re-circulate any material obtained from the services to any third party except where expressly permitted;
30d. Disseminate any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
30e. 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;
30f. Use the services in any way that might infringe third party privacy or other rights, is unlawful or that might bring us into disrepute; or
30g. Post link(s) that take users to material that contravenes any of the above restrictions.
31. 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.
32. You retain all intellectual property rights, including copyright, in those images and content that you have used in relation to the services where you already own such rights. We are the owner (or the licensee) of all intellectual property rights in the services as provided, including the mobile apps or website and other services.
33. 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 mobile apps or website or any other services subject to these terms.
34. You warrant that you have the right to copy, upload or otherwise deal with those images in relation to the mobile apps or website and/or your use of any other services and to allow us to process and otherwise deal with those images in accordance with these terms.
35. You may not upload, request us to print, or otherwise deal with, in relation to the mobile apps or website or any other services, 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
36. We may change the format and content of the services at any time, without providing notice.
37. We may terminate or suspend the operation of the services for support or maintenance work, in order to update the functionality, content or for any other reason. We may do this at any time and without notice.
38. 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 otherwise used within the scope of the services provided. 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.
39. Because public networks, such as the Internet and mobile phone networks, occasionally experience disruptions, we cannot guarantee the services will be available at all times. Although we strive to provide the most reliable services possible, interruptions and delays are unavoidable and we disclaim any liability for damages resulting from such problems.
40. Information in the mobile apps or website or other 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 presented in relation to the services is accurate, complete, reliable, current, or error-free.
41. We will use reasonable endeavours to ensure that the mobile apps or website or other services do not contain or promulgate any viruses or other malicious code. However, it is recommended that you should virus check all materials downloaded from the mobile apps or website or other services 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 mobile apps or website or other services.
43. Once you have placed an order for any Products via our 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.
44. The decision as to whether to accept any order from you is at our sole discretion.
45. 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.
46. Voucher Codes may be published from time to time as part of a promotion. Voucher Codes may provide a number of the Products free or a discount on part of an order. Voucher Codes can only be used for online orders placed through the mobile apps or website. A maximum of one Voucher Code can be specified per order. Unless otherwise specified, postage and packing charges will still apply to orders subject to a Voucher Code. Further conditions may apply and if applicable will be published with the relevant Voucher Code.
47. 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 changed paper stock, printing techniques or multi-standard colour systems, notably the international screen based colour system of RGB and the print colour system of CMYK.
48. 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 device or devices used by the buyer.
Price, Payment and Currencies
49. We reserve the right to change our pricing from time to time, at our sole discretion and without providing prior notice of our intention. Current pricing will be displayed accurately through the process of ordering Products via our services. Price changes will only affect new Products to which a price has not already been assigned.
50. You agree that the price for your Product may vary according to the content specified by yourself in the creation of your Product (with particular regard to the addressee’s destination country).
51. All Prices stated 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.
52. 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.
53. You warrant that all details provided to us for the purpose of your order and its delivery will be correct.
54. You warrant 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.
Cancellation and refunds
55. Once an order has been placed via our services, you may not cancel the order and we are unable to offer a refund to the buyer or anyone else.
56. If an order is judged by us, at our sole discretion, to contravene any of the terms laid out in this document, we reserve the right to cancel the order without providing a refund to the buyer or anyone else. We may also take steps to engage the appropriate law enforcement authorities, as outlined in this document.
57. Prior to the completion of an order, uploaded images and textual content can be deleted by the user, using features provided by the mobile apps or website Website.
Limitation of liability
58. The services are provided on an “as is” and “as available” basis. The company 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. The company 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 is provided by your Internet Service Provider or mobile network provider and as such is outside the control of the company (WishYouWereHere.today Ltd) accordingly, the company cannot accept any responsibility or liability for any failure of your network connection, or any losses or damage suffered as a result.
59. The company is not responsible for the content of any external website featured as a link in the mobile apps or website or other services, nor are we responsible for the content of any advertiser’s website or the conduct of any business or individual advertising in the mobile apps or website or other services. Any such links are provided merely as a service to users of the mobile apps or website or other services and their inclusion does not constitute an endorsement by or affiliation with the company.
60. We will not be liable for faulty goods unless a claim is notified to us in writing within 28 days of receipt of Products. The notification must provide clear evidence of the fault being claimed, such as the Product itself. In the case of a claim, please contact us via email firstname.lastname@example.org, or by post at Unit 2, 39 Reculver Road, SE162RW, London.
61. Faults that could be caused by the transport of the Product via the postal networks required for it to reach it’s destination will not be deemed to be the liability of the company (WishYouWereHere.today Ltd).
62. In the case of non-delivery of purchased Products, the buyer accepts that delivery of the Products is in part out of the hands of the company (WishYouWereHere.today Ltd). In particular, the buyer is responsible for providing postal addresses which accurately identify the destination address(es) for the product, and which are acceptable to the required postal networks who will be commissioned to deliver the Product(s) to their destination(s). Also, the buyer accepts that delivery of the Product(s) to their destination(s) is in part dependent on postal networks. For these reasons, the company is unable to accept liability or to provide a refund for non-delivery. We will have no further liability to you in respect of the matters referred to in this clause.
63. 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.
64. Where information (including sensitive financial or personal information) is provided to us (whether directly through the mobile apps or website, other 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 mobile apps or website or other services.
65. The liability of the company, 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.
66. 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 fit for purpose and 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 mobile apps, website or other services, 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.
67. 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.
68. 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
69. 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
70. 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.
71. Without prejudice to any other rights or remedies, the company (WishYouWereHere.today Ltd) 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 the company 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. The company 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.