Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE SIGNING UP FOR THE SERVICE OR PLACING AN ORDER FOR PRODUCTS.
This page (together with any other documents referred to in it) tells you information about us and the legal terms and conditions (Terms) on which we supply the Quaint-Moments service (Service) and any printed products you order (Products) to you. These Terms will apply to any contract between us for the supply to you through the website at quaint-moments.co.uk (Website) of the Service and any contract for the supply of the Products (Contract).
Please read these Terms carefully and make sure that you understand them before signing up for the Service or placing an order for Products. Before doing so, you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to use the Service or place an order for Products (as applicable).
You should print a copy of these Terms or save them to your computer for future reference. We may amend these Terms from time to time and the top of this page shows when they were last updated. Every time you wish to use the Service or order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1.Information about us
1.1The Service and the Products are supplied by Quaint-Moments (we, our or us).
2.Contacting us and communications between us
2.1If you wish to contact us for any reason, including because you have a complaint, you can do so by e-mailing us at email@example.com.
2.2Any communication or notice in writing should be given in accordance with clause 18.
3.1The Service is designed to be used at an event lasting up to a maximum of 72 hours (Event). It allows you, as the host of an Event or a party involved in the organisation, promotion or operation of an Event, to display a stream of photos and/or videos (Media), which have been contributed by attendees at and during the Event (Attendees) using the Quaint-Moments Events mobile application (QR Code), on screen(s) at the Event.
3.2Media may also be shared between Attendees and they can comment on and interact with such Media, share Media on specified social media and download such Media.
3.3After an Event, all Media and other content contributed by Attendees at the Event (together, Content) will be made available to you to export.
3.4The Service as supplied through the Website. You will be given access to its software platform through the Website but you are responsible for:
(a)the ordering of the stationery (scatter cards and/or bar table cards) and for any features you wish to use;
(b)inviting Attendees to scan a QR code, in turn linking Attendees to www.quaint-moments.co.uk website, and where Attendees can upload photos, video and other media content.
(c)the arrangement of any Event venue and the set-up and supply of the information technology and its operating software, the screen(s) and equipment for use of the Service and the display of Content at an Event;
(d)the procurement, set-up and/or supply of all telecommunications, connections, utilities and services (at sufficient capacities and speeds) for use of the Service and the display of Content at an Event; and
(e)moderation of the Content.
3.5An Attendee who wishes to contribute Content at an Event first needs to scan a designated QR Code with their smartphone (Device). At the Event, subject to entering the relevant QR Code (which will be supplied to you prior to your Event and which you need to distribute to Attendees), they may contribute Content through the designated website page upload (subject to fees charged by their mobile communications service providers and any Wi-Fi fees). It is of course up to the Attendees to bring their Devices to an Event, Scan the QR code and contribute Content.
3.6We do not warrant or represent that the Service will always be available, uninterrupted, free from errors, free from transmission alteration or failure, from bugs or loss of data or will not suffer of data failure. The Service is supplied on an “as is”, “as available” basis.
3.7We may suspend, withdraw, discontinue or change all or any part of the Service without notice as long as the changes do not materially affect the nature or quality of the Service.
4.How the contract is formed between you and us
4.1You may only sign up for the Service or order Products if you are at least 18 years old. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you sign up for the Service or order Products.
4.2Our sign-up and booking pages will guide you through the steps you need to take to sign up to the Service or place an order for Products. Our process for ordering Products allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
4.3Your signing up for the Service and your placing an order for Products shall in each case constitute an offer to use the Service or purchase Products (as applicable) on these Terms. This offer will only be accepted once we notify you by e-mail that it has been accepted and, for Products, your payment successfully processed, and only then will a Contract be formed. The signing up for the Service and each purchase of any Products shall constitute separate Contracts.
4.4If we are unable to supply you the Products for any reason, we will inform you of this by e-mail. If you have already paid any Products, we will refund you the full amount including any delivery charges as soon as reasonably possible.
5.Price of Products
5.1The price of the Products you choose will be as quoted by email, invoice, on the Website at the time you submit your order.
5.2Prices may change from time to time, but changes will not affect any order you have already placed.
5.3The price of a Product only include delivery charges within the UK. Our delivery charges are as advised to you during the confirmation process, before you confirm your order. Additional services and items ordered shall incur a delivery charge, charges will be applied and notified prior to payment.
5.4Whether the price of any Products includes or excludes VAT (where applicable) will be stated on the Website at the time you submit your order. Any VAT charged will be at the applicable current rate chargeable in the UK for the time being.
6.How to pay
6.1You can only pay for Products using paypal, a debit card or credit card. We accept the following cards: Visa, MasterCard, Electron and Maestro.
6.2Payment for the Products and all applicable delivery charges (as applicable)is required on placing your order.
7.Availability of Content
7.1After an Event
(a)all Content will be made available to you through the secure Website login page. Media will be available to view and export, for a period of 30 days;
(b)all Attendees will not have access to the Content; unless you share your private login and password.
7.2We cannot guarantee there will be additional back-up of all content or media stored after 30 days; It is your responsibility to download all or any media as required for your own personal use.
8.1The images of samples of Products on the Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. The Products may vary slightly from those images.
8.2Where you have instructed us to design your scatter cards, bar/table cards we will follow your written instructions. Images provided must be of good quality. There will be no adjustments to images received other than to re-sized accordingly to fit the products. One proof shall be created for checking purposes. Additional alterations and proofs are chargeable as we see fit.
8.3The packaging and presentation of the Products may vary from that shown on images on the Website.
8.4We are not responsible for the quality of images your attendees select, upload or provide for inclusion in the service.
8.5You should inspect any Products immediately on receipt. If the Products are faulty or mis-described, you may return them and we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us. We will refund you on the credit card or debit card used by you to pay as soon as possible and no later than 14 days after the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us.
8.6If you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract and you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by anything in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.Cancellations (consumer customers only)
9.1If you are a consumer, and the Contract is for the supply of the Service:
(a)You have a legal right to cancel the Contract during the period starting on the date on which we e-mail you to confirm our acceptance of your payment and ending 14 days after that date. This means that during the 14-day period, if you change your mind or decide for any other reason that you do not want to receive the Service, you can notify us of your decision to cancel the Contract;
(b)However, if you access the Service (being a supply of digital content) by commencing the set-up process for an Event within the 14-day period following our acceptance of your booking, the right to cancel will be lost (and you will have been required to consent to such supply and acknowledge the loss of the right to cancel on signing up);
(c)To cancel the Contract (before you have accessed the Service), you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at firstname.lastname@example.org, giving your name and order details, and stating your wish to cancel.
9.2If you are a consumer, and the Contract is for Products, you have no right to cancel it (whether under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or otherwise) as the Products are of a personalised nature and/or made to your specification, and we may have begun to fulfil your order.
10.Delivery of Products
10.1We will provide you with an estimated delivery date for any Products, which will be within 28 days after the date of your order confirmation. Occasionally our delivery to you may be affected by an event outside our control – see clause 17 17 for what this means.
10.2Delivery of an order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
10.3If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, a note will be left informing you of how to rearrange delivery or collect the Products from a local depot. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs.
10.4If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract. We will refund any money you have paid in advance for Products but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
11.1We deliver to international countries, but these are subject to change and you should check with email@example.com
11.2If you order Products for delivery to an international country, your order may be subject to import duties and taxes which are applied when the delivery reaches that country. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
11.3You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
11.4International deliveries are subject to additional delivery charges. Prices will be advised at the time of booking.
(a)shall ensure that the information in the booking process and any order is complete and accurate;
(b)keep any Attendee password confidential and not disclose this to any third party or disclose any QR code to anyone other than Attendees at the Event;
(c)shall be responsible for the matters specified in clause 3.4;
(e)shall obtain and maintain all necessary licences, permissions and consents which may be required for the Service to be supplied for an Event and for hosting the Event itself;
(f)shall obtain all necessary licences, permissions and consents which may be required for you to order, have manufactured, receive or use the Products, including (without limitation) to use any Content to be used in such Products; and
(g)shall comply with all applicable laws, statutes, regulations and codes from time to time in force in relation to the performance of your obligations under the Contract, the use of the Service or ordering or use of the Products, and the content and administration of any competitions or prize promotions using the Service.
12.2You agree to indemnify us against (meaning you are responsible for) all costs, claims, damages, fines, penalties or expenses (including but not limited to any direct, indirect or consequential losses, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis)) incurred by us or for which we may become liable due to any breach by you of any of sub-clauses 12.1(d) to (g) (inclusive) and/or clause 14.2.
12.3We reserve the right to refuse any order or cancel any Contract for Products or services as we see fit and without explanation.
13.1In this clause 13:
(a)the terms controller, personal data and processing have the meanings given to them in the Data Protection Legislation in force at the time);
(b)Data Protection Legislation means all legislation and regulatory requirements in force from time to time relating to the use of personal data and the privacy of electronic communications, including, without limitation (i) any data protection legislation from time to time in force in the UK including the Data Protection Act 2018 or any successor legislation, as well as (ii) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulation relating to data protection and privacy (for so long as and to the extent that the law of the European Union has legal effect in the UK).
13.2In respect of the processing of any personal data of Attendees or in any Content contributed by Attendees (Personal Data) to the extent it is required or desirable for the provision of the Service in relation to an Event and supply of Products (Purpose), you (or the person(s) on whose behalf you are acting, whose consent you warrant you have obtained to enter into the Contract) and we are joint controllers.
13.3You acknowledge that we have the right to delete any Personal Data (or Content containing Personal Data) where we are under a legal obligation to do so including, without limitation, where an Attendee lawfully requires us to delete Personal Data about them.
13.4We warrant that we, and you warrant that you (and/or any person(s) on whose behalf you are acting), will process the Personal Data in compliance with all Data Protection Legislation. In particular, without limitation, you warrant that you (and/or any person(s) on whose behalf you are acting) have the consent of all Attendees whose personal data you supply to us to collect the Personal Data, disclose it to us and to process it with us for the Purpose, or are otherwise lawfully entitled to do so.
13.5You agree to indemnify us against (meaning you are responsible for) all costs, claims, damages, fines, penalties or expenses (including but not limited to any direct, indirect or consequential losses, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis)) incurred by us or for which we may become liable due to any breach by you of clause 13.3 or, where applicable, any claim by an Attendee arising out of in connection with such a breach.
13.6Clauses 13.7 and 13.8 apply unless you are an individual processing the Personal Data for the Purpose in the course of a purely personal activity.
13.7We warrant that we, and you warrant that you (and/or any person(s) on whose behalf you are acting), have in place technical and organisational measures to protect against unauthorised or unlawful processing of the Personal Data and against accidental loss or destruction of, or damage to, the Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures.
13.8We and you (and/or any person(s) on whose behalf you are acting) shall assist each other on reasonable request in complying with all applicable requirements of the Data Protection Legislation, but only in relation to the Personal Data. In particular, each party shall:
(a)promptly inform each other about the receipt of any data subject access request or exercise of rights under the Data Protection Legislation and provide each other with reasonable assistance in complying with it;
(b)notify the other party immediately on becoming aware of any breach of the Data Protection Legislation; and
(c)ensure compliance, and assist each other in complying, with our obligations under the Data Protection Legislation with respect to breach notifications.
14.Intellectual property rights
14.1We are the owner or the licensee of all intellectual property rights within the Quaint-Moments Service. Those works are protected by laws and treaties around the world. All such rights are reserved.
14.2During the term of the Contract, you may use the Service on a non-exclusive, non-transferrable basis, for the purposes set out in clauses 3.1, 3.3 and 3.4 and for no other purpose.
14.3You grant us a worldwide, non-exclusive, sub-licensable, perpetual, royalty-free licence (without requiring any further consent) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute and disclose to third parties in any media or distribution method your name, logo or brand (if applicable), the name and type of the Event and, to the extent necessary, any Content, for our promotional and marketing purposes.
15.1We do not guarantee that the Website or Service will be secure or free from bugs or viruses. You are responsible for configuring your information technology and computer programmes in order to use the Service. You should use your own virus protection software.
15.2You may not:
(a)Knowingly transmit any data, send or upload any material to the Service or the Website that contains viruses, Trojan horses, worms, logic bombs, time-bombs, keystroke loggers, spyware, adware or any other harmful or malicious programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
(b)Copy, disassemble or reverse engineer any part of the Website or the Service or the relevant software; or
(c)Access without authority, attempt to gain access to, interfere with, damage or disrupt:
(i)any part of the Website or the Service;
(ii)any equipment or network on which the Service or its data is stored;
(iii)any software used in the provision of the Website or the Service; or
(iv)any equipment or network or software owned or used by any third party.
16.Our liability to you
16.1Whilst Attendees are free to use our service we do not moderate the Service, images, videos or data. We are not liable for any Attendee infringing these sections, for any Content that infringes our Content Standards or where any such infringing Content is displayed by you at the relevant Event.
16.2Nothing in these Terms limits or excludes our liability for:
(a)death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
(b)fraud or fraudulent misrepresentation;
(c)if you are a consumer, breach of your legal rights in relation to the Products including the right to receive Products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and
(d)if you are a business, breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(e)defective products under the Consumer Protection Act 1987.
16.3In any case:
(a)We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer hardware or software, data or other proprietary material due to your use of the Service;
(b)We have taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on the Website, but this is provided on an “as is”, “as available” basis and we give no warranty or representation about such information;
(c)We assume no responsibility for the content of websites or applications linked through the Service or the Website. Such links should not be interpreted as an endorsement by us of them. We will not be liable for any loss or damage that may arise from your use of them;
(d)On the basis that the Service is free, we will not be liable for any loss or corruption of Content.
16.4If you are a consumer:
(a)If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence (but not unforeseeable loss). Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract;
(b)We only supply the Service for private use. You agree not to use the Service for any commercial, business or resale purposes and we have no liability to you for: loss or corruption of any data, information or software; loss of profits; loss of business; business interruption; or loss of business opportunity;
(c) You represent and warrants that you own all rights to the Attendee Content, including, without limitation, the picture or digital recording or the performance contained, that the Attendee is the individual pictured and heard or, alternatively, that the Attendee has obtained permission from each person who appears in the Attendee Content to grant the rights as described herein, that the Attendee Content has been legally obtained and created, that the Attendee Content does not infringe any the intellectual property rights of any third party and that the Attendee Content does not violate applicable laws or regulations. The Attendee agrees to not provide Attendee Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Quaint-Moments in its sole discretion, whether or not such material may be protected by law. Quaint-Moments may, but shall not be obligated to, review, monitor, or remove Attendee Content at any time and for any reason, without notice to the Attendee.
16.5If you are a business:
(a)We only supply the Service and the Products for the use by your business (as a host of an Event or a party involved in the organisation, promotion or operation of an Event);
(b)Subject to clause 16.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(i)any loss of profits, sales, business, or revenue;
(ii)loss or corruption of data, information or software;
(iii)loss of business opportunity;
(iv)loss of anticipated savings;
(v)loss of goodwill; or
(vi)any indirect or consequential loss;
16.6Subject to clause 16.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed:
(a)if the Contract is for the Service, £100;
(b)if the Contract is for the Products, the price of the Products and any delivery charges.
16.7Any representation, condition or warranty that might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Service or the Products are suitable for your purposes.
17.Events outside our control
17.1Acts or events beyond our reasonable control include (without limitation) severe weather, flood, fire, explosion, strikes, lock-outs, industrial action, riot, terrorism, war, act of God, interruption or failure of telecommunications networks or utility service, traffic congestion or transportation issues, or failure or non-performance by our suppliers.
17.2We will not be liable or responsible for:
(a)any decision not to hold an Event; or
(b)an Event (in full or in part) not happening due to any act or event beyond our reasonable control; or
(c)an inability to use all or any part of the Service at an Event due any act or event beyond our reasonable control.
17.3We will not be liable or responsible for any inability to use, or issues in using, all or any part of the Service at an Event that results from any failure to meet your responsibilities under clause 3.4.
17.4We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract for Products due any act or event beyond our reasonable control. If such an act or event takes place that affects or delays the performance of our obligations under a Contract for Products:
(a)we will contact you as soon as reasonably possible to notify you and we will take reasonable steps to minimise the effect of the delay; and
(b)our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the act or event. Where the act or event affects our delivery of Products to you, we will arrange a new delivery date with you after the act or event is over.
17.5You may cancel a Contract for Products affected by such an act or event which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
18.Communications between us
18.1When we refer, in these Terms, to “in writing”, this will include e-mail.
18.2Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
18.3A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am GMT on the second working day after posting; or if sent by e-mail, one working day after transmission.
18.4The provisions of this clause 18 shall not apply to the service of any proceedings or other documents in any legal action.
19.Other important terms
19.1We may terminate the Contract without notice or liability to you if: (a) you commit a material breach of these Terms; (b) you repeatedly breach these Terms; (c) you create any potential legal exposure for us whatsoever (d) any event occurs, proceeding is taken, order or petition is made, resolution is passed, or notice is given for any of the following events: (i) if you are a company, your winding up or the appointment of an administrator, receiver or administrative receiver in respect of your affairs, business, property, assets and/or undertaking; (ii) if you are an individual, your bankruptcy, or in the event of your death; (iii) in either case, you suspend payment of your debts as they fall due, threaten to do so, or are deemed unable or having no reasonable prospect of paying your debts, or you make an arrangement or compromise with your creditors.
19.2We will determine, in our discretion, whether any of the matters referred to in clause 19.1(a), (b) or (c) has occurred. If we determine any has occurred, we may suspend or terminate your right to use the Service without notice. This may include the deletion or deactivation of your account and/or the suspension or termination of the ability of Attendees to use the Service at an Event, whether by disabling the Event Code or account, and/or the deletion of your Content, in each case whether immediate, temporary or permanent.
19.3In the event of termination of the Contract: (a) where applicable, your right to use the Service will automatically terminate; (b) where applicable, we may terminate the ability of Attendees to use the Service at the Event, whether by disabling the Event Code or account; (c) termination shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination.
19.4Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract (including clauses 14 (Intellectual property rights), 16 (Limitation of liability), 18 (Communications between us), and 19.2 to 19.12 (inclusive)) shall remain in full force and effect.
19.5We may transfer our rights and obligations under a Contract, but this will not affect your rights or our obligations under these Terms. You may not assign or transfer any of your rights or obligations under a Contract.
19.6This Contract is between you and us. No other person shall have any rights to enforce any of its terms other than any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006.
19.7If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified or deleted to the minimum extent necessary to make it valid, legal and enforceable without affecting the validity and enforceability of the rest of these Terms.
19.8If we fail to insist that you perform any of your obligations under these Terms, 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.
19.9These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter. You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
19.10These Terms are governed by English law. This means a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the law of England and Wales.
19.11If you are a consumer, you and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
19.12If you are a business, you and we both agree that the courts of England and Wales will have exclusive jurisdiction.