Heaton Media Holdings Ltd
Unit 6, Alverdiscott Industrial Park
Please read these Terms carefully before you start to use the App, the Website or make use any Equivalent Service. You may only use the App, the Website (and the services provided through the Website) or any Equivalent Service if you agree to these Terms. Your downloading, activation and installation of the App and your use of the App, Website or any Equivalent Service indicates your acceptance of these Terms. If you are unhappy with any aspect of these Terms, then you should contact us before placing an order. You can also email us at help@Stannp.com or by post at:
Heaton Media Holdings Ltd
Unit 6, Alverdiscott Industrial Park
The App and Website are designed for your convenience and if you have any comments or problems and any questions regarding App or the Website and/or products and services featured in the App or the Website, please contact us. If you have experienced technical problems while using the Website please contact us here also.
2. The App and the Website provides access to a number of services provided by us that may only be used in accordance with these Terms. The services include, but are not necessarily limited to:
a. the ability to upload digital images to the App or Website;
b. the ability to order postcards on which we can print images that have been uploaded to the App or Website; and
c. the ability to order other products or services through the Website, for example buying credit.
Any Equivalent Service is likely to provide a service broadly similar to this, but construed accordingly where the service is provided not via the App or Website. Notwithstanding this, and for the avoidance of doubt, these Terms shall apply to the use of any Equivalent Service.
3. Only persons aged 13 years or over may access the Website and use the services offered by us.
Licence to use App
5. Subject to your compliance with the terms and condition of this Agreement, Stannp.com hereby grants you a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, revocable licence to download, install and use the App (including for the avoidance of doubt the software therein) on the handset on which you install the App for the sole purpose of your personal use of the App from that handset.
6. You agree not to copy, make commercial use of, loan, sell, assign, rent, lease, publish, redistribute, license, sublicense or otherwise transfer the App. You further agree, except only to the extent permitted by law, not to undertake cause, permit or authorise the modification, creation of derivative works, translation, reverse-engineering, reverse-compiling, decompiling or disassembling of the App (or any part of it or its underlying software) or make any attempt to access the source code of the App (or any part of it or its underlying software).
7. Subject to these Terms you may open an account with us by completing the Registration Form. Once your registration has been accepted (and until your account is terminated) you will be able to upload images to the Website, access parts of your account from the App and (subject to agreeing any additional terms which are applicable) request services to be supplied by us (such as the printing of uploaded images). You agree to:
a. provide true, accurate, current and complete information about yourself the "Registration Data" as prompted by the relevant registration form; and
b. maintain and promptly update the Registration Data in Your Account in the App and on the Website to keep it true, accurate, current and complete.
8. During the registration process you will be asked to supply your email address. This will help us to verify your identity on future visits. Should you register using an invalid email address or an email address that belongs to someone else, we may terminate your account at any time without notice.
9. You will receive notices from us by postings on the Website and by email to the email address specified in your Contact Information section.
10. You will also need to provide a password in order to access your. We do not permit you to share your password with any other person. You must keep your password secure at all times. You will be responsible for any damage or losses caused by unauthorised access resulting from your failure to keep your password secure. You agree to:
c. immediately notify us if you become aware of any unauthorised use of your password or account or any other breach of security by sending an appropriately worded email to help@Stannp.com, and
d. ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
11. There is no charge for opening a Stannp.com account; however there may be charges for other products or services supplied by us. You will be notified of these charges at the time you request the products or services. When you place an order for products or services, for which there is a charge, you will need to supply us with your credit card or debit card and/or other personal details so that we may process the order for you. Any charges for the products or services requested will be billed to your credit card once the order has been accepted by us.
12. In the event that you supply invalid credit or debit card details or details of a credit or debit card that belongs to someone else, we reserve the right to terminate your account at any time without notice and provide your details to the relevant authorities.
13. If, for any reason, we believe that you have not complied with any of these Terms we may, at our sole discretion, cancel your ability to use the App or have access to the registration areas of the immediately and without giving you any advance notice. Further, we reserve absolutely the right to withdraw or suspend the App or Website where we deem this to be necessary without notice and we will not be liable to you for such unavailability.
Uploaded content and images
14. You may upload digital images to the Website or otherwise use digital images in connection with the App or any Equivalent Service. Images uploaded to the Website must be digital images in JPEG, BMP or PNG format. For further guidance and information on images and uploading please visit our Help pages on www.Stannp.com
15. Although we prohibit the uploading of certain types of image to the App or to the Website, we cannot control, nor do we monitor the use of the App, the Website or any Equivalent Service. It is possible that images or other material may appear in the App, on the Website or in connection with any Equivalent Service which are unlawful or offensive and contravene our restrictions on content set out above. We are not responsible for such images or material but if you become aware of any such images or material please contact us without delay at:
Heaton Media Holdings Ltd
Unit 6, Alverdiscott Industrial Park
16. We may at our discretion contact law enforcement authorities if we are made aware that anything unlawful is occurring or has occurred in relation to the use of the App, the Website or any Equivalent Service including the uploading or emailing of any images in breach of the above restrictions on content. We may provide copies of any relevant images or material to the law enforcement authorities and in that connection may also give them access to any personal data that is held by us.
17. We may without notice and at our sole discretion delete or remove any image that has been uploaded, emailed or submitted for printing in breach of these Terms.
18. We may refuse to provide any services to anyone who breaches these Terms.
19. You agree to indemnify us and our officers and employees against any action, claim, damages, liability, costs and expenses arising out of:
e. any use by you of the App, the Website or any Equivalent Service in breach of these Terms,
f. 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
g. any claim that the processing, printing or other dealing by us of any images uploaded or emailed by you or on your behalf is an infringement of any third party's copyright, trade mark or other intellectual property rights.
20. We reserve the right to display a thumbnail of your postcard on the Stannp.com site
What You Are Allowed To Do
21. You may use the App and access any part of the Website provided that it is not password protected. Access to some parts of the App and Website is only available if you have a valid password. You may not access these areas without a valid password.
What You Are Not Allowed To Do
22. You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material in the App or on the Website or as part of any Equivalent Service or from any copies or printed items taken of material from the App, Website or any Equivalent Service.
23. 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:
h. material which is defamatory of any person;
i. material which is pornographic, obscene, indecent or offensive;
j. material which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
k. material that is likely to incite hatred or violence against any person or group;
l. material that is likely to deceive any person;
m. material which concerns or relates to any criminal act;
n. material the use or inclusion of which infringes any copyright, trademark, database or other intellectual property right of any third party;
o. 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;
p. material which is threatening, abusive or invades another’s privacy, causes annoyance, inconvenience or needless anxiety;
q. material which is likely to harass, upset, embarrass, alarm or annoy any other person;
r. material used to impersonate any person, or to misrepresent your identity or affiliation with any person;
s. material which gives the impression that it emanates from us, if this is not the case;
t. material that advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
u. material that breaches any applicable laws or legislation.
24. You are not allowed to:
v. create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the App or the Website or from any Equivalent Service except where expressly permitted in the App, on the Website or in connection with the Equivalent Service;
w. disseminate advertisements or for any other commercial purposes (which would include using the App or the Website or any Equivalent Service to promote or encourage the sale of your goods/services);
x. transmit or re-circulate any material obtained from the App or the Website or any Equivalent Service to any third party except where expressly permitted;
y. disseminate any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
z. 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;
aa. use the App, Website or any Equivalent Service in any way that might infringe third party privacy or other rights, is unlawful or that might bring us into disrepute; or
bb. post link(s) that take users to material that contravenes any of the above restrictions.
25. 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.
26. You retain all intellectual property rights, including copyright, in those images that you have used in the App, uploaded to the Website or in connection with your use of any Equivalent Service where you already own such rights. We are the owner (or the licensee) of all intellectual property rights in the App, Website or any Equivalent Service.
27. 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 App, Website or any Equivalent Service subject to these Terms.
28. You warrant that you have the right to copy, upload or otherwise deal with those images in relation to the App, the Website and/or your use of any Equivalent Service and to allow us to process and otherwise deal with those images in accordance with these Terms.
29. You may not upload, request us to print, or otherwise deal with, in relation to the App, Website or any Equivalent Service, any images or other material where you do not have the right to do so or allow us to use such images or other material if such use would infringe any existing third party intellectual property or contractual rights. For example, you may not take photos from another website or other publication and do anything with them unless you have obtained the permission from the owner of the relevant right.
Operation of the Website
30. We may change the format and content of the App and Website (or any products or services offered by the App or Website) or the provision of any Equivalent Service at any time.
31. We may terminate or suspend the operation of the App or Website (or terminate or suspend provision of any products or services offered through the App or Website) or any Equivalent Service for support or maintenance work, in order to update the content or for any other reason. We may do this at any time and without notice.
32. You are advised to keep backups of all material provided to us. In particular, it is up to you to keep backup copies of images uploaded by you or emailed to us. We will not be responsible for keeping backups or for the loss of, deletion or corruption of any images or any other material used in the App, uploaded onto the Website or otherwise used in connection with any Equivalent Service.
33. Because public networks, such as the internet and mobile phone networks, occasionally experience disruptions, we cannot guarantee the App, Website or any Equivalent Service will be available at all times. Although we strive to provide the most reliable App, Website and services possible, interruptions and delays in using the App, or accessing the Website or an Equivalent Service are unavoidable and we disclaim any liability for damages resulting from such problems.
34. Information in the App or on the Website 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 App or on the Website is accurate, complete, reliable, current, or error-free.
36. Once you have placed an order for any products or services ("the Products") through the App, Website or via any Equivalent Service (including any order for printing services), the order will not be treated as having been accepted until you receive confirmation from us that this is the case. This confirmation may be provided by email or post.
37. The decision as to whether to accept any order from you is at our sole discretion.
38. 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.
39. Offer codes may be published from time to time as part of a promotion. Offer codes may provide a number of the Products free or a discount on part of an order. Offer codes can only be used for online orders placed through the Website. A maximum of one offer code can be specified per order. Unless otherwise specified, postage and packing charges will still apply to orders subject to an offer code. Further conditions may apply and if applicable will be published with the relevant offer code.
40. We have a policy of continuous product development and reserve the right to amend the specifications of any of the Products without prior notice. Products supplied by us may therefore differ as a consequence of multi-standard colour systems, notably the international screen based colour system of RGB and the print colour system of CMYK.
41. 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 Buyer’s monitor.
Price, Payment and Currencies
42. 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.
43. 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.
44. You warrant that all details provided to us for the purpose of your order and its delivery will be correct and;
45. that the chosen method of payment is our property and that sufficient funds or credit facilities are available to cover the full cost of the Products ordered. We reserve the right to obtain validation of your credit card, debit card or PayPal details before accepting your order.
Payment on Account (Credit)
46. We may from time to time offer a scheme whereby customers may make a payment on account as advance payment for goods in return for additional bonus credit which may be used to pay for applicable goods.
47. The system of payment on account and bonus credit may be referred to as "Credits" for promotional purposes. We may change the name of this promotion from time to time but these terms and conditions shall apply to any scheme involving advance payment for goods.
48. Credits that have been purchased and bonus credit amounts awarded are separately recorded and the total balance of credit is shown in your account.
49. Applicable goods means any printed products manufactured by us. Non applicable goods will be offset entirely against the cash balance on the account.
50. At the point of checkout our system will check your Credit balance. Any applicable goods will be paid for by drawing down the paid and bonus balances pro rata.
51. Any payment made on account shall be deemed as a payment for goods and services to be ordered from us. After the initial refund period described below our liability to you will be to provide goods and services to value of the account balance. Cash balances will not be returned except in cases where the customer has received defective goods or service and requested a refund of the unused prepay cash balance held on the account.
52. If you do not place any orders for a 6 month period we will send an e-mail to the address in your Account Details to remind you of your balance. This will be repeated at 12 months and 18 months. When a period of 24 months has passed with no orders placed we will assume that your account is no longer active and the Credit balance will expire.
53. If you change your mind after making a payment on account you may request a refund by calling customer services within 14 days of the transaction. In such cases the amount refunded will be the sum of the original payment less the value of any goods bought on account. Refunds can only be made to the credit card, debit card or PayPal account used to make the original purchase.
54. You may cancel your account by contacting us by email or by post. You may be asked to provide proof that you are the holder of the account. Your account will be cancelled as soon as reasonably practicable following receipt of your email or letter.
55. We may cancel your account without notice at our sole discretion.
56. Once your account is cancelled, any images that you have uploaded will be removed from the Website and your password will no longer enable access to the password protected areas of the App or Website.
57. Once an order for a Product has been placed by you, you have confirmed the order and the order has been printed, you may not cancel the order. Once an order has been printed we are unable to provide you with a refund if you change your mind about your order. This does not affect your statutory rights as a consumer.
Limitation of liability
58. The App is provided on an "as is" and "as available" basis. Stannp.com does not, either expressly or impliedly, make any warranties, claims or representations with respect to the App including, without limitation, warranties or conditions of quality, performance, non-infringement, merchantability or fitness for use for a particular purpose. Stannp.com does not represent or warrant that availability or use of the App will be uninterrupted, timely, secure, error-free or virus-free. Access to your mobile network is provided by your mobile network provider and as such is outside the control of Stannp.com – accordingly, Stannp.com cannot accept any responsibility or liability for any failure of your mobile network, or any losses or damage suffered as a result
59. Stannp.com is not responsible for the content of any external website featured as a link in the App or on the Website, nor are we responsible for the content of any advertiser’s website or the conduct of any business or individual advertising in the App or on the Website or as part of or related to any Equivalent Service. Any such links are provided merely as a service to users of the App or Website or any Equivalent Service and their inclusion does not constitute an endorsement by or affiliation with Stannp.com.
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, 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.
61. 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.
62. Where information (including sensitive financial or personal information) is provided to us (whether directly through the App or the Website 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 App, Website or otherwise.
63. The liability of Stannp.com, 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.
64. This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising these Terms. It is up to you to take precautions to ensure that whatever computer equipment and/or software selected for use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. In no event will we be liable to you or any other any party associated with you for any direct, indirect, special or other consequential damages for any use of the App, Website or any Equivalent Service, or any other hyper linked Website, including without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we have been expressly advised of the possibility of such damages.
65. 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.
66. We will use reasonable endeavours to ensure that the App, Website and any Equivalent Service do not contain or promulgate any viruses or other malicious code. However, it is recommended that you should virus check all materials downloaded from the App, Website or otherwise used in connection with any Equivalent Service and regularly check for the presence of viruses and other malicious code. We exclude to the fullest extent permitted by applicable laws all liability in connection with any damage or loss caused by computer viruses or other malicious code originating or contracted from the App or Website.
67. 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
68. 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
69. 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.
70. Without prejudice to any other rights or remedies, Stannp.com may limit, suspend or terminate this Agreement and your use of the App with immediate effect if you have breached the terms of this Agreement or if Stannp.com 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 App shall immediately terminate; (b) you will immediately cease any and all use of the App and (c) you will destroy and/or delete all copies of the App in your possession or within your control. Stannp.com reserves the right to modify, suspend or discontinue provision or operation of the App at any time, and will endeavour to warn you in advance of any such modification, suspension or discontinuation.