If you need to contact us for any reason, for feedback, app issues or feature enhancements you can contact us at: team[at]postsnap.com
1.1. These terms (“the Terms”) explain the use you may make of our mobile phone application Postsnap (“the App”) and our website at www.postsnap.com (“the Website”) and products and services that may be accessed through the App or the Website (“the Services”). We are Postsnap Group Limited of PO Box 142, 15 North Plantation, St Peter Port, Guernsey GY1 3HT.
1.2. Your downloading, activation and installation of the App or accessing the Website or your use of the Services, amounts to your acceptance of the Terms.
2.1. The Services that we provide may only be used in accordance with these Terms. The Services include, but are not necessarily limited to:
2.1.1. the ability to upload digital images and text using the App;
2.1.2. the ability to order postcards on which we can print images and text that has been uploaded.
2.2. Only persons aged 18 years or over may use the App, Website and use the Services offered by us.
2.3. You agree not to copy, make commercial use of, loan, sell, assign, rent, lease, publish, redistribute, license, sub-license or otherwise transfer the App, the Website or the Services.
3.1. The Terms apply to the App, the Website and the Services, including any updates or supplements to any of them, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App, the Website or any Service, the terms of an open-source licence may override some of the Terms.
3.2. We may change the Terms at any time by sending you an SMS or email with details of the change or notifying you of a change when you next start the App or log onto the Website. The new terms may be displayed on-screen and you may be required to read and accept them to continue.
3.3. From time to time updates to the App may be issued. You may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
4.1. You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices (“the Devices”) used, but not owned, by you to download or stream a copy of the App onto the Devices or to access the Website. You and they may be charged by service providers for internet access. You accept responsibility for the use of the App, the Website or any Service on or in relation to any Device.
4.3. By using the Website, the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
4.4. Certain Services will make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings on you mobile device.
5.2. You may download or stream a copy of the App onto a Device.
5.3. You are permitted to print and download extracts from the Website for your own use on the following basis:
5.3.1. no documents or related graphics on the Website are modified in any way;
5.3.2. no graphics on the Website are used separately from the corresponding text; and
5.3.3. our copyright and trade mark notices and this permission notice appear in all copies.
5.4. The Website, the App or any Service may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
5.5. If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
5.5.1. you do not remove, distort or otherwise alter the size or appearance of our logo;
5.5.2. you do not create a frame or any other browser or border environment around the Website;
5.5.3. you do not in any way imply that we are endorsing any products or services other than our own;
5.5.4. you do not misrepresent your relationship with us nor present any other false information about us;
5.5.5. you do not otherwise use our trade marks displayed on the Website without our express written permission;
5.5.6. you do not link from a website that is not owned by you; and,
5.5.7. your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.6. We may revoke the right granted in clause 5.5 for breach of these Terms and to take any action we deem appropriate.
6.1. Except as expressly set out in the Terms or as permitted by any local law, you agree:
6.1.1. not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
6.1.2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
6.1.3. not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
6.1.4. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
6.1.5. to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
6.1.6. to include our copyright notice on all entire and partial copies you make of the App on any medium;
6.1.7. not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us.
7.1. You must:
7.1.1. not use the Website, the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Website, the App, any Service or any operating system;
7.1.2. not infringe our intellectual property rights or those of any third party in relation to your use of the Website, the App or any Service;
7.1.3. not transmit any material that is defamatory, offensive or otherwise objectionable or unlawful or that might bring us into disrepute in relation to your use of the Website, the App or any Service;
7.1.4. not use the Website, the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
7.1.5. not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
7.2. You are not allowed to remove any copyright, trade mark or other intellectual property notices on what we supply.
7.3. You are not allowed to:
7.3.1. disseminate advertisements or for any other commercial purposes (which would include using the Services to promote or encourage the sale of your goods/services);
7.3.2. transmit or re-circulate any material obtained from the Services to any third party except where expressly permitted;
7.3.3. disseminate any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
7.3.4. 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;
7.3.5. post link(s) that take users to material that contravenes any of the Terms;
7.3.6. 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.
8.1. You acknowledge that all intellectual property rights in the Website and the App anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the Website and the App other than the right to use each of them in accordance with the Terms.
8.2. You acknowledge that you have no right to have access to the App or the Website in source-code form.
8.3. We have used the following open source software in our App or on our Website:
Copyright (c) 2013 Matej Bukovinski
Copyright (c) 2010, Magical Panda Software, LLC
Copyright (c) 2013, PayPal.
All rights reserved.
Copyright 2010 UserVoice Inc.
Copyright 2013 Crashlytics, Inc.
All rights reserved.
Copyright (c) 2009 Olivier Poitrey
Copyright (C) 2012 Cristiano Severini
Copyright (C) 2012 Gwendal Roué
Copyright (c) 2012, Brad Larson, Ben Cochran, Hugues Lismonde, Keitaroh Kobayashi, Alaric Cole, Matthew Clark, Jacob Gundersen, Chris Williams.
All rights reserved.
9.1. You acknowledge that the Website and the App have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Website and the App meet your requirements.
9.2. We grant access to the Website and the App for domestic and private use. You agree not to use either for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.3. We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence up to the limit specified in condition 9.4.
9.4. Our maximum aggregate liability under or in connection with the Terms (including your use of the App, the Website or any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the amount paid to us by you for the Services. This does not apply to the types of loss set out in condition 9.6.
9.5. Nothing in the Terms shall limit or exclude our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation and any other liability that cannot be excluded or limited by English law, including your statutory rights as a consumer.
9.6. We will not be liable for faulty products (“Products”) 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.
9.7. We will not be liable in any way for any failure or delay in performing any of our obligations by reason of any event or circumstance outside our reasonable control, including (but not limited to), any failure of power supplies, communication networks or equipment, government action or Acts of God.
9.8. 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 and our sub-contractor 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.
9.9. While we endeavour to ensure that the information on the Website and the App is correct, we do not warrant the accuracy and completeness of the material. We may make changes to the material on the Website or the App at any time without notice. The material may be out of date and we make no commitment to update such material.
10.1. We may terminate your Licence by written notice to you at any time if you commit a breach of the Terms.
10.2. On termination for any reason:
10.2.1. all rights granted to you under the Terms shall cease;
10.2.2. you must immediately cease all activities authorised by the Terms, including your use of the App, the Website or any Services;
10.2.3. you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and if required certify to us that you have done so; and
10.2.4. we may remotely access the Devices and remove the App from all of them and cease providing you with access to the Services and the Website.
11.1. To contact us in writing please email us at firstname.lastname@example.org or write to us at 1st Floor, Winchester Place, Poole, Dorset. BH15 1NX. We will confirm receipt of this by contacting you in writing, normally by email.
11.2. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us.
12.1. You can open an account with us by completing the registration form on the App. Once your registration has been accepted you will be able to upload images and text and request services to be supplied.
12.2. You must provide accurate and complete information about yourself (“the Registration Data”) and promptly update the Registration Data to keep it accurate and complete.
12.3. During the registration process you will be asked for your email address. If you register using an invalid email address or an email address that belongs to someone else, we may terminate your account without notice.
12.4. You will receive notices from us by postings on the Website or via SMS or by email to the email address specified in your contact information section.
12.5. You will need to provide a password to access your account. You must keep your password confidential at all times and not share it with any other person. You will be responsible for any damage or losses caused by unauthorised access resulting from your failure to keep your password secure. If we believe there may be a breach of security we may require you to change your password. You must 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 email@example.com. You must 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.
12.6. There is no charge to open an account. You will be notified of any charges for the Services when you request them. When you place an order for 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. 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.
12.7. If you supply invalid credit or debit card details or details of a credit or debit card that belongs to someone else, we may terminate your account without notice and provide your details to the relevant authorities.
12.8. If, for any reason, we believe that you have not complied with any of the Terms we may, at our sole discretion, cancel your ability to use the Services or have access to the Services immediately and without notice.
13.1. You may upload digital images and text in connection with the Services. Images uploaded must be digital images in [JPEG] format.
13.2. We may contact law enforcement authorities if we become aware that anything unlawful has happened in relation to the use of the Services including the uploading or emailing of any images in breach of our restrictions on content. We may provide copies of any relevant images or material to such authorities and give them access to any personal data that is held by us.
13.3. 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 the Terms.
13.4. We may refuse to provide any Services to you if you breach the Terms.
13.5. You agree to indemnify us and our officers and employees against any action, claim, damages, liability, costs and expenses arising out of:
13.5.1. any use by you of the Services in breach of the Terms,
13.5.2. 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
13.5.3. any claim that the processing, printing or other dealing by us with 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.
14.1. You retain all intellectual property rights, including copyright, in those images or text that you have uploaded whilst using the Services where you already own such rights.
14.2. We may display, modify, print, transmit or distribute any of the images or text that you upload or email to us, in order to provide any of the Services.
14.3. You warrant that you have the right to copy, upload or otherwise deal with those images in relation to the Services and to allow us to process and otherwise deal with those images in accordance with the Terms.
14.4. You may not upload, request us to print, or otherwise deal with, in relation to the 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 the internet or a publication and do anything with them unless you have the permission from the owner of the relevant right.
15.1. We may change the format and content of the Services (or any of them) at any time.
15.2. We may terminate or suspend the operation of the Services (or any of them) (or terminate or suspend provision of any products or services offered through the Services) at any time and without notice.
15.3. You must keep backups of all material provided 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.
15.4. 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.
16.1. If you place an order for any Products, the order will not be treated as having been accepted until you receive written confirmation from us that this is the case. This confirmation may be provided by SMS, email or post (“Order Confirmation”). We will send you a further communication when your order is despatched.
16.2. If your order is accepted and prior to delivery we discover you are in breach of the Terms, we may refuse to deliver 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 delivered.
16.3. 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 match those displayed on your Device.
16.4. Products will be despatched within 10 working days from the date you receive the Order Confirmation.
16.5. Products will be delivered by Royal Mail or suitable alternative carrier. During the ordering process, you will be given the option to request and pay for special delivery or alternative traceable delivery service. We recommend that you choose this method of delivery as this enables us to track the Products during delivery. If you do not choose to pay for special delivery or alternative traceable service we will have no control over the delivery and there is an increased risk that you will encounter problems if the Products are lost or if delivery is delayed as we will not be able to track the delivery.
16.6. If we think that we cannot despatch the Products to you within the period set out in condition 16.4 above, we will inform you before the due date of despatch and will indicate when the Products are likely to be despatched. You will be given the option at this point to cancel the order and if you cancel the order, we will refund the total price you have paid, including any delivery charges within 30 days.
16.7. We will not be responsible for late delivery if you have provided an incorrect delivery address. You should make sure that someone is available to sign for delivery on and around the due date for delivery if the Products or delivery method require this.
16.8. We may deliver the Products by separate instalments.
17.1. 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.
17.2. Payment in full must be made by credit card, debit card or PayPal at the time of placing an order. Payment will be taken [when we issue the Order Confirmation.]
17.3. We may from time to time offer a scheme whereby you may make a payment on account as advance payment for goods and services in return for receiving a discount against purchases.
17.4. At the point of checkout our system will check your credit balance. Any applicable goods will be paid for by drawing down against your credit balance and you will only be billed for any shortfall.
17.5. Any payment made on account shall be deemed as a payment for goods and services to be ordered from us. Cash balances will not be returned except in cases where you have received defective goods or service and requested a refund of the unused prepay cash balance held on the account.
17.6. 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.
17.7. 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 and services bought on account. Refunds can only be made to the credit card, debit card or PayPal account used to make the original purchase.
18.1. You may cancel your account by contacting us. 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.
18.2. We may cancel your account without notice at our sole discretion.
18.3. Once an order for a Product has been placed by you, we have confirmed the order and the order has been produced, because it will have been produced to your specification, you may not cancel the order. This does not affect your statutory rights as a consumer.
19.1. We will use reasonable endeavours to ensure that the Services 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 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.
20.1. No person who is not a party to the Terms shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in the Terms is intended nor shall affect any of your statutory rights that may not be legally excluded.
21.1. We may transfer our rights and obligations to another organisation, but this will not affect your rights or our obligations.
21.2. You may only transfer your rights or obligations to another person if we agree in writing.
21.3. If we fail to insist that you perform any of your obligations, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
21.4. Each provision of the Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
21.5. Please note that the Terms, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
Draft number: 1
Last revised: 6.11.13