Terms and Conditions of Use (UK&ROW with the exception of the USA). These Terms and Conditions do NOT apply if your account is registered in the USA.
Version: 4 November 2021
T&Cs are something you’ll find on every company website and ours is no different. Don’t be put off by our stern language, we aren’t really that stiff and formal, we just have to cover all the bases!
If something on this page leaves you feeling boggled, just email us at firstname.lastname@example.org and we’ll happily explain it.
- Licence to use the Services
- Access to the Platform
- Your Account
- Uploaded Content and Images
- Intellectual Property Rights
- Order and Delivery
- Price and Payment
- Payment on Account
- Refer a Friend and Promo Codes
- Limitation of Liability
- 1 INTRODUCTION
1.1 These terms and conditions (the “Terms”) govern your access to and use of www.touchnote.com and the TouchNote mobile app (together the “Platform”) and any products and services of whatever nature (whether existing now or in the future) available through the Platform (the “Services”).
1.3 The Services, and the Platform, are operated by TouchNote Limited of Ground & Basement Floors, 17-18 Clere Street, London, EC2A 4LJ (“TouchNote”, “we” or “us”). We are a limited liability company incorporated in England and Wales under company number 06235264 and with VAT number 928092704. TouchNote has a designated Data Protection Officer who can be contacted on email@example.com
1.4 Only persons aged 16 years or over may access the Platform and use the Services and all users of the Services warrant that they are 16 years of age or over.
1.5 We amend these Terms from time to time and by accessing the Platform, you confirm that you agree to comply with and to be bound by the Terms that apply at the time of your access. Every time you wish to use our Platform, please check these Terms to ensure you understand the Terms that apply at that time. . Please make a durable copy of these Terms by printing and/or saving a downloaded copy on your own computer.
1.6 The original English version of this Agreement may have been translated into other languages. The translated version of this Agreement is a courtesy and office translation only and the Participants cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions of this Agreement or in the event of a conflict, ambiguity, inconsistency or discrepancy between the English version and any other language version of this Agreement, the English language version shall apply and prevail and be conclusive and binding. The English version shall be used in legal proceedings.
1.7 If you do not agree with any revised version of the Terms, please do not continue to use the Platform. These terms were most recently updated on 4 November 2021.
1.8 The Services are designed for your convenience. If you have any comments, problems or questions regarding any part of the Services and/or products and services featured in the Services, please send an email to firstname.lastname@example.org. If you have experienced technical problems while using the Platform, please also contact us.
- 2 LICENSE TO USE THE SERVICES
2.1 Subject to your compliance with the Terms, and subject to paragraph 5 of these Terms, we hereby grant you a limited, non-exclusive, non-sublicensable, non-assignable, immediately (and without notice) revocable licence to download, install and use the Services on the device on which you install or use the Services for the sole purpose of your personal use of the Services from that device.
2.2 You agree not to copy, loan, sell, resell, assign, rent, lease, publish, redistribute, license, sublicense or otherwise transfer the Services. You further agree 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).
- 3 ACCESS TO THE PLATFORM
3.1 We do not guarantee that our Platform, or any content on it, will always be available or be uninterrupted. We reserve the right at our sole discretion to withdraw or vary the Platform and the Services and/or to suspend or terminate your access to the Platform and the Services at any time without notice and we shall not be liable to you if the Platform or the Services are unavailable, either in whole or part, at any time for any reason whatsoever.
3.2 Information on the Platform 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 on the Platform is accurate, complete, reliable, current, or error-free. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Platform.
3.3 You may access any part of the Platform provided that it is not password protected. Access to some parts of the Platform is only available if you have a valid password. You may not access these areas without a valid password.
- 4 YOUR ACCOUNT
4.1 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 for any reason) you will be able to upload images to the Platform, 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:
4.1.1 provide true, accurate, current, and complete information about yourself (the “Registration Data”) whenever prompted by the relevant registration form; and
4.1.2 maintain and promptly update the Registration Data through your account to keep it true, accurate, current, and complete at all times.
4.2 During the registration process you will be asked to provide your email address. This will help us to verify your identity and access your account 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.
4.4 You will also need to provide a password in order to access your account, which you must keep secure at all times. Note that we are entitled to treat anything done through your account as having been done by you; it is up to you to maintain the security of your account and you will be responsible for any damage or losses caused by unauthorised access resulting from your failure to keep your password secure. We strongly recommend that you choose a unique password, and we accept no liability whatsoever where a third party accesses your account using your password. You agree to:
4.4.1 immediately notify us if you become aware of any unauthorised use of your password or account or any other breach of security by contacting us at email@example.com; and
4.4.2 ensure that you exit from your account at the end of each session.
4.5 You are also responsible for ensuring that all persons who access our Platform through your internet, or mobile connection are aware of these Terms and other applicable Terms, and that they comply with them.
4.6 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 connection with the Services.
4.7 We have the right to disable your password at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
4.8 There is no charge for opening a TouchNote account although you may wish to subscribe to certain services of our Platform which are only available for a fee (see below). When you place an order for Services, you will be notified of the applicable charges, and 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 Services requested will be billed to your payment method once the order has been accepted by us.
- 5 MEMBERSHIP
5.1 We may from time to time offer the option to benefit from additional services and discounts from the standard retail price of products by becoming a member of an added value package in accordance with the terms of such membership(s) as set out on the Platform. Signing up to a package will result in you becoming a “Member”.
Such added value package may be referred to for promotional purposes across the Platform or communications to you as “TouchNote Premium”, or “the club” and for the purposes of these terms and conditions as “the TouchNote Premium Product” and/or any other such name as we may choose from time to time.
5.2 The services available to Members , and applicable fees, (the “Membership Services”) will be set out on the Platform. We reserve the right to change the Membership Services and offering at any time at our sole discretion.
5.3 As a Member, you agree to pay the fees for the Membership Services or any part of them (the “Fees”) and together with any other charges that we have notified you of in connection with your use of the Membership Services or any part of them (including all and any applicable taxes) at the prices in effect, as stated on the Platform, when you signed up to become a Member.
5.4 The first payment of Fees will be charged at the beginning of your membership period,. Thereafter, your membership will renew automatically on the same basis as that of your initial membership period and the appropriate Fees will be charged on the date of the renewal of the membership (e.g. if your membership is on a monthly basis, your membership will renew automatically every month. If your membership is on an annual basis it will renew automatically every year). We will bill all Fees and charges automatically to your nominated payment method. If the applicable Fees change, any such change will not apply to you until your current membership period has expired.
5.5 From time to time we may offer a free trial period to access areas of our Platform restricted to Members. When signing up to the free trial period you will be required to provide credit or debit card payment details and select your desired membership period. To check that we have the right card, we’ll preauthorise a small amount (up to £7.99) and void it straight away. At the end of the free trial period, if you do not cancel the trial in accordance with terms of that trial, your payment method will be debited with the Fee applicable at the time you signed up for your free trial for your chosen membership period and will automatically renew as above unless and until you cancel your membership. It is a requirement of your membership that you always maintain a valid payment method on file.
5.6 You may cancel your membership at any time through our Platform – www.touchnote.com or by contacting us at firstname.lastname@example.org which will stop the next auto-renewal of your membership. Please note that we need to receive your notice of cancellation at least 5 working days before the date of your next automatic renewal date otherwise your membership will continue until for the next renewal period and you will be charged the applicable Fee. No refunds will be given.
5.7 We may from time to time offer an “Unlimited” membership option which will be subject to compliance with these Terms and any other terms applicable to such membership option.
5.7.1 L Unlimited Membership status is not transferable and can only be awarded to the User who has purchased an Unlimited Membership.
5.7.2 We reserve the right to change or withdraw the Unlimited Membership Status for both new and existing users and will give at least 3 months’ notice of the change or withdrawal of this program or any and all of its benefits. This will not affect a user’s entitlement to use other services.
5.7.3 Holding Unlimited Membership Status within TouchNote Premium Product means you must at all times comply with these terms and conditions.
5.7.4 We reserve an irrevocable right to terminate your Unlimited Membership Status at our sole discretion should you be found in our reasonable opinion to have violated the Terms and Conditions or if you cease to be a user of the TouchNote platform.
5.8 We may in our sole discretion modify, withdraw, amend, or add to any Services or other offers or arrangements or impose any requirements or restrictions relating to the use of any TouchNote Premium Membership Product to the fullest extent permitted by law. We will give as much advance notice as practicable of such action to users.
5.8.1 We may terminate the TouchNote Membership Product at any time. For Members with an annual membership period, fees will be refunded on a pro-rata basis after deduction of administration and set up costs. Except in the event of the insolvency of TouchNote Ltd, we will use our reasonable endeavours to give at least three months’ notice to users prior to termination. In the event of the insolvency of TouchNote Ltd, or otherwise at the end of the period of notice, you acknowledge and agree that your right to use the Services will cease with immediate effect.
5.8.2 Each month during your membership to the TouchNote Membership Product, whether that be a month to month, annual or Lifetime membership, you may receive the ability to send, free of any further charges, a predefined number of Greeting Cards and/or Postcards. The number of cards available to be sent without additional charge shall depend on the tier of your membership plan and may be varied by usat our sole discretion. You will not have the ability to carry over, accumulate or otherwise roll-over access to free products other than at our discretion which, if granted, may be removed or varied at any time.
5.8.3 Each month during your membership to the Unlimited TouchNote Membership, whether that be a quarterly or annual membership, you may receive the ability to send unlimited postcards free of charge. Although the postcard is free, there may be a postage fee applied to each order per card sent. Any and all additional products, with the exception of the TouchNote standard postcard product, including but not limited to the XL Postcards in envelope product and Greeting Cards products are subject to additional fees and charges as specified within the Membership Services information.
5.8.4 The Unlimited Membership is for your personal use only. If we suspect you are using the Unlimited Membership for commercial purposes, or on behalf of a business, club, school, charity, institution, other non-personal entity or any other business purpose, we reserve the right to cancel an order, refund the postage cost or cancel your subscription to the TouchNote Membership.
5.8.5 We use a ‘fair use policy’ as part of the Unlimited Membership, under which reserve the right to cancel your subscription to the Unlimited Membership at any time and without prior notice, if you send in excess of 500 free cards in a given calendar year or the pro-rata equivalent number of cards within any given time period within the year (the “Fair Use Policy”).
5.8.6 If you have topped up your account with credit and are a Member, your existing credit will be used first to meet the next membership payment.
5.9 There shall be no cash or redemption value for any part of any membership product and no refunds of membership payments are permissible at any time or at any point.
5.11 We participate in account update services offered by some banks to help keep your payment cards up to date in our system. If your bank participates, these services will automatically update your card number or expiration date in our system when it changes. If you don’t want to have your cards automatically updated, you can opt out of these services by contacting your issuing bank.
5.12 We may from time to time increase the Membership Fees applicable to all Membership options and you will be given advance notice of any such changes. Unless you notify TouchNote Ltd before the date such a change is due to take place that you want to cancel or do not want to auto-renew, you understand your membership will automatically continue and you authorize us (without further notice to you) to collect the increased Fee, using any eligible payment method TouchNote Ltd has on record for you.
5.13 Membership credits will expire automatically at the end of membership (upon cancellation or membership expiry or termination for any reason).
6 UPLOADED CONTENT AND IMAGES
6.1 You may upload or use digital images when using the Platform or connection with the Platform and the Services which must be in JPEG format. For further guidance and information on images and uploading please visit our help pages (https://www.touchnote.com/help/).
6.2 Although we prohibit the uploading of certain types of images to the Platform, we cannot control, what users may upload. It is possible that images or other material may appear on the Platform or in connection with the Services which are unlawful or offensive and contravene our restrictions on content. We are not responsible for such images or material but if you become aware of any such images or material please contact us without delay at: email@example.com
6.3 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 Platform or 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 the law enforcement authorities and, subject to applicable data protection legislation, may also give them access to any personal data that is held by us.
6.4 We may without notice and at our sole discretion delete or remove any image that a user has uploaded, emailed or submitted for printing if the user in breach of any of these Terms.
6.5 You represent that you have the full legal right to upload any content or material and that by uploading, posting, contributing or including any content or material in a personalised Service, you grant us a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that content or material solely for the purpose of performing obligations and exercising rights under these Terms. Note that we may modify content or material in order to conform it to the Platform and the requirements of the Service you have ordered (such as by cropping images).
6.6 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:
6.6.1 material which is defamatory of any person;
6.6.2 material which is pornographic, obscene, indecent or offensive;
6.6.3 material which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
6.6.4 material that is likely to incite hatred or violence against any person or group;
6.6.5 material that is likely to deceive any person;
6.6.6 material which concerns or relates to any criminal act;
6.6.7 material the use or inclusion of which infringes any copyright, trademark, database or other intellectual property right of any third party;
6.6.8 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;
6.6.9 material which is threatening, abusive or invades another’s privacy, causes annoyance, inconvenience or needless anxiety;
6.6.10 material which is likely to harass, upset, embarrass, alarm or annoy any other person;
6.6.11 material used to impersonate any person, or to misrepresent your identity or affiliation with any person;
6.6.12 material which gives the impression that it emanates from us, if this is not the case;
6.6.13 material that advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse;
6.6.14 material that breaches any applicable laws or legislation.
6.7 You are not allowed to:
6.7.1 create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Platform except where expressly permitted in connection with the Services;
6.7.2 interfere with or disrupt the Platform, the Services or the servers or networks connected to the Platform or Services;
6.7.3 disseminate unsolicited advertisements or for any other commercial purposes (which would include using the Services to promote or encourage the sale of your goods/services);
6.7.4 transmit or re-circulate any material obtained from the Services to any third party except where expressly permitted;
6.7.5 disseminate any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
6.7.6 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;
6.7.7 use the Platform or the Services in any way that might infringe third party privacy or other rights, is unlawful or that might bring us into disrepute;
6.7.8 post link(s) that take users to material that contravenes any of the above restrictions; or
6.7.9 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.
7 INTELLECTUAL PROPERTY RIGHTS
7.1 All materials on the Platform and the functionality and operation of the Platform itself are protected by our intellectual property rights. These materials and the rights in these materials are owned by us, or used with permission of their owners. Such materials include, but are not limited to, the photographs, images, illustrations, text, video clips, audio clips, designs, logos, trademarks, trade dress and other materials contained in this Platform, the software used in the design and development of this Platform and the functionality and operation of the Platform itself. All rights are reserved, worldwide. We are the owner (or the licensee) of all intellectual property rights in the Services.
7.2 Subject to 6.5, you retain all intellectual property rights, including copyright, in those images that you have uploaded to the Platform, whilst using the Services, where you already own such rights.
7.3 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 Platform.
7.4 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.
7.5 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.
7.6 You are not allowed to remove any copyright, trademark or other intellectual property notices contained on the Platform or in the Services or from any copies or printed items taken of material from the Services.
7.7 Subject to applicable data protection legislation, we have the right to disclose your identity to any third party who claims that any content posted or uploaded by you to our Platform constitutes a violation of their intellectual property rights, or of their right to privacy.
- 8 ORDER AND DELIVERY
8.1 An order for any Service (including any order for printing services) will not be treated as having been accepted until you receive confirmation from us that this is the case.
8.2 The decision as to whether to accept any order from you is at our sole discretion. If the order is rejected, we will contact you to confirm this and arrange for reimbursement of your payment. If the Services are produced and prior to dispatch are then discovered that you and/or the order is, in our reasonable opinion, in breach of these Terms, we will not dispatch the Services. 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 Services had been dispatched.
8.3 We have a policy of continuous product development and reserve the right to amend the specifications of any of the Services without prior notice where such change(s) will not result in material changes to your contractual relationship with us.
8.4 We will use our reasonable endeavours to accurately display and describe the printed colours of the Services but cannot undertake to give any assurance that the colours of the Services supplied will match those displayed on your monitor, mobile phone, or any other electronic device through which you are accessing the Platform.
8.5 We will generally notify you of the dispatch dates available and the expected timeframe for delivery of your ordered Services during the order process; however, we do not guarantee delivery dates or times. We will make you aware of any delivery charges before you place your order. The expected delivery times and charges may differ depending on the Service you order.
8.6 Neither we, nor any delivery service that we use, shall be liable for any failure to perform our Services where such failure or delay results from any circumstances outside our reasonable control; these circumstances include but are not limited to adverse weather conditions (such as snow, flood and extreme winds), fire, explosion, accident, traffic congestion, obstruction of any private or public highway, riot, terrorism, act of God, or industrial dispute or strike.
8.7 Please be aware that if your order consists of or includes a postcard, the postcard will be delivered without any packaging or envelope so the content of the postcard will be visible to those handling it.
8.8 From time to time we may make products available for purchase that contain alcohol. You must be over 18 to purchase or consume any product that contains alcohol. For orders containing such products, our nominated carrier may require valid proof of age (e.g. driver’s licence/passport) from the recipient of the product before completing delivery. In the event no valid proof of age is provided, the gift will not be delivered, and no refund will be provided.
- 9 PRICE AND PAYMENT
9.1 Any price stated (if at all) on the Platform for Services will include Sales Tax/VAT at the then applicable rate, if appropriate. You shall be responsible for any other taxes applicable in the territory to which the Services are sent. International Transactions fees may be payable by you to your card issuer, and we shall have no liability for these.
9.2 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 in relation to the purchase of that Service will be in force.
9.3 You warrant that all details provided to us for the purpose of your order and its delivery will be correct and that the chosen method of payment is your property and that sufficient funds or credit facilities are available to cover the full cost of the Services ordered. We reserve the right to obtain validation of your credit card, debit card or PayPal details before accepting your order.
9.4 We do not collect, store, or process any payment card details. We use a third-party payment provider called Braintree whose terms you must review and agree to prior to using its service. Save where we have acted negligently, we cannot be held liable and disclaim all liability arising for any loss you may suffer if a third-party gains access to any data you provide when accessing or making a payment through the Platform.
9.5 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, subject to applicable data protection legislation, provide your details to the relevant authorities.
- 10 PAYMENTS ON ACCOUNT (“CREDIT”)
10.1 We may from time to time offer a scheme whereby customers may make a payment on account as advance payment for Services in return for additional bonus credit which may be used to pay for applicable Services.
10.2 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 shall apply to any scheme involving advance payment for applicable Services.
10.3 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”. The use of the term “Credit” relates only to prepayment of Services and does not relate to consumer credit activities.
10.4 Applicable Services means any service provided, as defined by us from time to time. At the point of checkout, our system will check your available balance. Any applicable Services will be paid for by drawing down the Paid and Bonus Balances automatically and pro rata.
10.5 Any payment made on account shall be deemed as a payment for Services to be ordered from us. After the initial refund period described below our liability to you in respect of that payment on account will be to provide Services to the value of the account balance.
10.6 364 days from the date of purchase any Credit balance will expire automatically and permanently without any liability on our part.
10.7 If you change your mind after making a payment on account, you may request a refund by contacting 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 Services, charged at the standard rate, bought on account. Refunds can only be made to the credit card, debit card or PayPal account used to make the original purchase.
- 11 PROMOTIONAL CODES
11.1 Participants in the schemes set out in this section must be 16 years of age and older. Participants must be different natural persons.
11.2 You may receive additional Credit (see 10.1 – 10.7) by referring other people (a “Referral Bonus”)as follows:
11.2.1 You share a referral code as provided on the TouchNote platform (the “Referral Code”). You are not entitled to use the Referral Code in or for paid promotions, including online advertising; a person, receiving the Code (the “Referee”), creates an account and joins the free membership trial through the TouchNote platform by using the Referral Code; and the order of the Referee as part of the Eligible Product Order (see below) is confirmed by and to us; and you and the Referee have each created a user account on the Platform and we consider such accounts to be in good standing.
11.2.3 A product order is considered an “Eligible Product order” when it has been made by using a valid Referral Code and the total costs of the order as made via the Platform (excluding any additional taxes or service fees) exceeds a minimum total (as set out in the referral content of the Platform). We will only recognize one Eligible Product Order per Referee to count for a Referral Bonus.
11.2.4We will confirm if, we determine in our sole discretion, that you and a Referee have complied with and fulfilled the requirements of the TouchNote Refer a Friend Program (including any additional terms specific to that program to which you may from time to time be required to agree), and confirm that the you and the Referee have earned the bonus (the “Referral Bonus”) as described in the invitation to participate in the TouchNote Refer a Friend Program. You and the Referee will thereafter receive the Referral Bonus to your respective user accounts. We may send an email to either you or the Referee as necessary as a reminder that the creation of the user account is needed to obtain the Referral Bonus.
11.2.5 A Referral Bonus not redeemed within 12 months after its confirmation by us will automatically expire. The Referral Bonus cannot be transferred, exchanged for any cash or money, or otherwise sold.
11.2.6 Each Referee may only make use of a Referral Code once, even if that Referee received or had access to separate Referral Codes from different users.We may, at our absolute discretion, permit users to access and use further Referral Codes.
11.2.7 You and any Referee will be responsible for any taxes or charges that may arise due to the earning and crediting of the Referral Bonus.
11.2.8 The calculation of the Referral Bonus is an automatic procedure based on the use of the Referral Codes and the creation of Eligible Product Orders through the Platform. We retain the right to, at its sole discretion, review the compliance with the TouchNote Refer a Friend Program terms.
11.2.9 Credits earned via Referral Codes may not be available for use on certain products. Other restrictions on their use may, at our sole discretion from time to time.
11.2.10 No responsibility is accepted for referrals that are lost, corrupted, or delayed or as a result of any network, computer hardware or software failure of any kind. Proof of sending will not be accepted as proof of receipt. Any attempt to manipulate the system and use of credits by use of (but not limited to) bulk entry via third parties or syndicates, macros, ‘script’, ‘brute force’, masking identity by manipulating IP addresses, using identities other than their own or any other automated means (including systems which can be programmed to enter), will render the credits invalid and may potentially lead to your account being closed down. Our judgment in this matter shall be deemed final.
11.3 We may, in our sole discretion, create promotional codes that may be redeemed for account credit, or other features or benefits related to the Services and/or a third-party provider’s services, subject to any additional terms that we may establish on a per promotional code basis (“Promo Codes”).
11.3.1 You agree that Promo Codes: must be used for the intended audience and purpose, and in a lawful manner may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; may be disabled by us at any time for any reason without liability ; may only be used pursuant to the specific terms that we establish for such Promo Code; are not valid for cash; and may expire prior to your use.
11.4 We retain the right to investigate the participation in and use of Promo Codes and Referral Bonuses for any fraudulent activities and take any measures to end them. These measures may include but are not limited to, cancelling an Eligible Product Order and/or a Referral Bonus and/or a Promo Code. Referral Bonuses earned through fraudulent activities or activities in violation of these TouchNote Refer a Friend Program terms will be null and void and we reserve the right to demand full repayment and collection from you and/or a Referee (as applicable) as a debt.
- 12 RETURNS
12.1 The majority of our items are personalised Services for which there is no right to cancel the contract and return the Service (including physical products), however, you may reject a Service which is faulty or substantially not as described (subject to 8.4). Where this is the case, we will ask you to return the Service to us within 3 business days of receipt. If you are eligible for a refund, we will refund the price you paid onto the card that you paid with. Alternatively, we may offer to reprint (if applicable) and resend the item. Please note that we do not offer both a refund and a resend. We will not provide a refund if the fault is a result of your own actions such as Service misuse or if personalisation is misspelt or if you have uploaded an image of a low resolution or size.
12.2 For non-personalised and non-membership Services, you have the right to cancel your contract within 14 days of the day after the day the Service is delivered to you. You must then return the unused non-personalised Service to us within 14 days of notifying us of your cancellation and pay the cost of returning the Service. We will refund the purchase price paid for the Service and its standard delivery charges (but not any additional delivery charges e.g., for expedited delivery, you may have chosen to pay) within 14 days of its return. However, if the value of the Service has been reduced by handling it beyond that which is necessary to check whether the Service is as expected, we may deduct an amount to reflect that reduction in value from the sum we refund to you. Note that the value of a Service may be reduced to nothing if its seal (or similar) is broken.
- 13 CANCELLATION
13.1 You can cancel your membership at any time. Just log in to your TouchNote account on your computer, go to ‘Manage my membership’ in the ‘My membership details’ section and click ‘Cancel my membership’. Once you’ve submitted your cancellation, you’re all done, no need to verify via email. This might take up to 24 hours to process and if you’re still having trouble, just contact us at firstname.lastname@example.org
13.2 We may cancel your account without notice at our sole discretion.
13.3 Once your account is cancelled, any images that you have uploaded will be removed from the Platform and your password will no longer enable access to the password protected areas of the Platform.
- 14 INDEMNIFICATION
14.1 If we are sued due to an action or inaction by you (including a breach of these Terms of Service) then we have the right, at our discretion, to request that you indemnify us (i.e. cover all our costs including legal fees) and hold us harmless from any legal claim or demand for expenses or costs that arises as a result. Where we decide to conduct the defence of such a claim, you agree to assist us as reasonably requested.
14.2 In the event that you institute a dispute (“chargeback”) with your payment card issuing bank we will become liable for a non-refundable administration fee. Should your dispute be successfully challenged by us or withdrawn by you we reserve the right to collect this cost in full of you and to suspend access to your account until such time as these costs are paid. Before disputing any charge with your financial institution, you should contact us on email@example.com
- 15 LIMITATIONS OF LIABILITY
15.1 You alone determine whether or not to proceed with a Service or to become a Member. We use reasonable care and skill to provide the Platform and the Services in accordance with our specifications but:
15.1.1 the Platform and the Services are provided on an “as is” and “as available” basis; and
15.1.2 we cannot and do not make any warranties, claims or representations with respect to the Services including, without limitation, quality, performance, non-infringement, merchantability, or fitness for use for a particular purpose. We do not represent or warrant that availability or use of the Services will be uninterrupted, timely, secure, error-free, or virus-free. We cannot accept responsibility or liability for a failure of your mobile network, or internet provider, or any losses or damage suffered as a result, as this is outside our control.
15.2 We will use reasonable endeavours to ensure that the Platform and 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 Platform and 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 Platform or the Services.
15.3 You should note that the transmission of information via the internet is not completely secure. Although we take appropriate technical and organisational measures to guard against unauthorised or unlawful processing of your personal data and against loss or destruction of, or damage to, your personal data, we cannot guarantee the security of your personal data. Any transmission of personal data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Platform and we exclude to the fullest extent permitted by applicable laws all liability in connection with the circumvention of any privacy settings or security measures contained on our Platform.
15.4 The TouchNote Platform may include links to other websites in the Services, but we are not responsible for the content of any external website, 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.
15.5 We will not be liable for faulty Service unless a claim is notified to us in writing (including the order confirmation number and details of the claim) within 28 days of receipt of the Service, or in the case of non-delivery, within a reasonable time after the Service was expected to arrive. In the case of a valid claim, we may choose to replace the Service (or the part in question) or refund to you the price paid for the Service (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.
15.6 We, our agents, directors, officers, shareholders, employees, and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or another tort) or otherwise:
15.6.1 for any loss of revenue, data, sales or business, agreements or contracts, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption.
15.6.2 for any loss or corruption of data; or
15.6.3 for any indirect, special, or consequential loss, damage, costs or other claims, however caused or arising, including where arising directly or indirectly from any failure or delay in performing any obligation under these Terms caused by matters beyond our reasonable control. Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions, and other terms, whether express or implied (by common law, statute, collateral or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.
15.7 Our total liability shall not exceed the aggregate net purchase price (excluding taxes and freight) for the relevant Services.
15.8 Nothing in these Terms shall restrict or exclude any liability that we have to any party which cannot be excluded by law and our liability for death or personal injury caused by our negligence shall not be limited or excluded in any way.
- 16 TERMINATION
16.1 Where we terminate your access to the Platform or the Services for any reason: (a) all licences and rights to use the Services shall immediately terminate; (b) you will immediately cease 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.
- 17 GENERAL
17.1 If any provision of these terms is or becomes invalid, unenforceable, or non-binding, you shall remain bound by all other provisions hereof. In such an event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and each participant will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
17.2 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.
17.3 We may assign or transfer any of our rights or subcontract any of our obligations under these Terms to any third party. You may not assign or transfer any of your rights or subcontract any of your obligations under these Terms except with our specific permission in writing.
17.4 To the extent permitted by law, these Terms shall be exclusively governed by and construed in accordance with the laws of England and Wales. Any disputes arising out or in connection with these terms shall exclusively be submitted to and dealt with by the competent court in England and Wales although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or other relevant country.