Terms and Conditions of Use


Introduction

1.This page constitutes the terms of use on which you may make use of our mobile phone applications, our website at www.bypost.com, which together are referred to as the “Services” and are operated by ByPost.com Ltd, whose registered office is at:

ByPost.com Ltd
41 FRIAR LANE
LEICESTER
LEICESTERSHIRE
LE1 5RB
Company No. 07427940

VAT No. 113 667619

Please read the following Terms carefully prior to using any of the Services owned and/or operated by bypost.com (ByPost.com Ltd). By either downloading, installing, registering or using any application (whether web or mobile based), you are indicating your acceptance of these Terms.

For the avoidance of doubt, the services include, but are not necessarily limited to the ordering of personalised photo strips, postcards, paper robots, mobile phone & tablet covers, products and experience days purchased through Treasure Box, Pick 'n Mix selections or any other products or services including products purchased through any application owned and/or operated by bypost.com or mobile or web application making use of a ByPost UserID/signon.

We reserve the right to change or amend our Terms & Conditions of use at any time and without notice, by amending this page. Any changes made to the Terms will come into effect as soon as they are published. Users are expected to check this page from time to time to take notice of any changes that may have been made as they are binding on you. By continuing to use products and services owned and/or operated by bypost.com (ByPost.com Ltd) you will be deemed to have accepted any changes to the Terms & Conditions.

Information that follows may contain technical inaccuracies or typographical errors. Whilst we work hard to ensure descriptions are as accurate as possible we do not warrant that the content is error-free.

Licence to use ByPost Services

Subject to your acceptance of the terms and conditions ByPost (ByPost.com Ltd) grants its registered users a non-exclusive, personal (non-commercial), non-sublicensable, non-assignable, revocable licence to download, install and use the Products and Services (including for the avoidance of doubt the software therein) for the sole and exclusive purpose of your personal (and limited) use. By agreeing to these Terms & Conditions you are agreeing not to publish, redistribute, rent, loan, lease, licence, sublicence, sell or otherwise transfer products and services owned and/operated by ByPost (ByPost.com Ltd). You also agree not to cause, authorise or directly undertake (except only the extent permitted by law), the creation of derivative works, translation, reverse-engineering, decompiling or disassembling of the products or services (and any constitutent component of the underlying software) or make any attempt whatsoever to access the source code of the products and services offered/provided by ByPost (ByPost.com Ltd).

Responsibilities of ByPost Account ownership

Opening an account with ByPost requires the completion of our registration process. Once opened (and until terminated), users are able to create and order products for subsequent delivery ByPost, by requesting these products and services users are agreeing to provide complete information that is both accurate and current. Additionally, users are expected to maintain and promptly update any of the registration and User Accont Data accessible to ensure it reflects an accurate, current and complete picture at all times. As part of the registration process, an email address will be required. Should an invalid email address be provided, we reserve the right to terminate your account at any time and without notice.

A password is required in order access your account. You must not share your password with any other individual, ensuring it is kept private and secure at all times. Losses incurred as a result of unauthorised access and use of your account will be the users sole and exclusive responsibility. Additionally, by agreeing to these Terms & Conditions, you agree to inform us immediately by email to password@bypost.com if you become aware of or suspect your account details have been compromised in any way. Users are advised to exit from their account by logging out at the end of each session.

Payment

In the event that invalid credit or debit card details are provided to us, we reserve the right to terminate a user account at any time without notice.

Your Images and Your Content

As part of the process of using the products and services offered by us, you may need to upload digital images. Certain types of images are prohibited, however we cannot (and do not) monitor the use of the services in a comprehensive fashion. It is therefore possible that some users may upload images and other content that are unlawful and/or offensive and be in direct contravention of the restrictions on content. Bypost (ByPost.com Ltd) is not responsible and cannot be held responsible for such images or content, however if you become aware of any such images or material please contact us immediately:

ByPost.com Ltd
41 FRIAR LANE
LEICESTER
LEICESTERSHIRE
LE1 5RB

email: urgent@bypost.com

For the avoidance of doubt, users are not permitted to upload or order printed items that make use of images or other content (including text) that contains any of the following:

Material that is pornographic or indecent. Material that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age and by extention, material that is likely to incite hatred against any person or group. Materials that relates to any criminal act or promotes or encourages any illegal activity. Material that is (and could be in any way deemed to be) threatening, abusive or invasive another’s privacy. Material that is likely to harass, embarrass or upset any other person. Material that in any way suggests that the sender is anyone other than the registered user. Material that constitutes an unsolicited advertisement or promotional matter or chain letter. Material (image or content) that might bring ByPost or its holding company into disrepute.

At our own discretion we may make contact with law enforcement agencies and authorities and in so doing, may provide copies of any relevant images or material and in so doing, also provide access to any personal data that we hold.

By using our products and services, you are agreeing to indemnify us, our officers and employees (and any company or individual promoting our products and services) against any claim, damages, liability, costs and expenses that arise out of any use by you of our product and services that are in breach of these Terms and conditions or any claim that is made that the uploading or emailing of any images by you or on your behalf or that the processing and/or printing of the aforementioned material is an infringement of any third party's copyright, trade mark or other intellectual property rights.

Rights

As the registered user, it is you that retains all intellectual property rights, including copyright of images that you have used whilst using our products and services. By agreeing to these Term and Conditions you warrant that you have the right to copy, upload or otherwise deal with any and all images that you select to use in relation to the any products or services provided by us and you are permitting us to process and otherwise deal with those images in accordance with these Terms. If you do not have the right to use materials (such as images subject to any existing third party intellectual property or contractual rights. ie another website, or publication or indeed any image where you do not have permission from the rights owner), you must not upload or use those materials with our products or services.

Suspension of Services

We may choose to terminate or suspend the operation of any product or services in order to update content or for any other reason whatever. We may do this at any time and without notice.

Meanwhile, as public communications networks (eg internet & mobile networks) can occasionally experience disruption, we cannot guarantee that all (or any) of our products and services will be available at all times. ByPost works hard to provide a reliable services, however we disclaim any liability for damages resulting from any problems experienced, interruptions or delays in services.

Your Images

It is advisable to keep backups of any and all material provided to us. We cannot and will not be held responsible for keeping backups or for the loss of, deletion or corruption of any images or any other material used in conjunction with any product or service from ByPost.

Privacy Policy, Cookie Collection & Data Protection

By providing your personal data to us you are consenting to its use in accordance with our Privacy & Cookie Policy

Products & Services

You will not be deemed to have had your order accepted until you receive an order confirmation from us that this is the case. Depending on the service ordered, this may be by post or email. The decision as to whether to accept an order is at our sole discretion. Acceptance of an order does not in any way constitute that you have adhered to the terms of use.

We endeavour to display and describe the printed colours of our Products & Services but cannot give any assurances that colours of Products delivered will match those displayed on the Customer’s monitor or mobile device.

ByPost Credits

We offer a scheme whereby customers may make a payment on account as advance payment for goods in return for additional bonus credits/discount which may be used to pay for applicable goods. This payment system is referred to as ByPost Credits. We may change this name from time to time but these terms and conditions shall apply to any scheme involving advance payment for goods. Credits that have been purchased are shown on your account balance as Credits. At the point of checkout, our system checks your Credit balance and goods will be paid for by drawing down from your Credit balance. If a user changes their mind after making a payment on account, they may request a refund by writing to us at refunds@bypost.com 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 rounded down to the whole nearest £. Refunds will only be made to the original credit card, debit card or PayPal account used to make the purchase. When a period of 12 months has passed with no orders placed we will assume that your account is no longer active and the Credit balance will expire.

Closure of Account

We may close and cancel your account without notice at our sole discretion and for any reason.

A user may cancel an account by contacting us via closure@bypost.com. A user will be asked to provide proof that they are indeed the account holder – the account will then be closed following a reasonable period (determined by us) following receipt of your request. Once an account has been closed, any images and account history will not be available to the user to access.

Limitation of liability

Products and Services from ByPost are provided on an "as is" and "as available" basis The company does not make any warranties, claims or representations with respect to its products and services including (and without limitation) any warranties or conditions whatsoever regarding the quality, performance, non-infringement, merchantability or fitness for use of its products and services for any particular purpose. The company does not warrant the availability of use for any of its Products and Services will be uninterrupted, secure, error-free or virus-free. Access to mobile networks and the internet is provided by your mobile network providers and ISPs respectively, and is thus, outside of our control. The company cannot and will not accept any responsibility or liability for any failure of your mobile network, ISP or any losses or damage suffered as a result.

ByPost will not be liable for any faulty goods unless a claim is notified to us in writing within 28 days of receipt, or in the case of a non-delivery, within a reasonable time after the Product/s were expected to arrive. Any contact needs to include the Order Number – at our own discretion, we may replace products and refund the credits used to pay for the products. Beyond that, the company will no further liability to you. Furthermore, the company will not be liable in any way for loss, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing fulfilment or delivery of any order for any reason whatsoever including (but not limited to), strikes, industrial action, failure of power supplies or equipment, government action or Acts of God.

Where a user has submitted/provided us with personal and sensitive information (including financial or personal information) to us, the user accepts that the methods of transmission of this data cannot be 100% secure. We use encryption software when it comes to financial information to attempt to prevent unauthorised access. 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. Furthermore, the total liability of bypost, its employees or subcontractors and suppliers with respect to any and all claims regarding performance or non-performance of any obligations relating to business placed with the company shall not exceed the net purchase price for the relevant product or service.

This section which regards the limitation of liability shall prevail over any conflicting or inconsistent provision contained in any part of these Terms and Conditions.

Law and Jurisdiction

The Terms & Conditions detailed here (and the provision of Products and Services) are governed by and are to be interpreted in accordance with English law. Should a dispute arise in relation of these Terms & Conditions or indeed in relation to the provision of any products and services by us, it will be the English court that has non-exclusive jurisdiction over such dispute. That said, ByPost and its holding company and subsidiaries, retain the right to bring proceedings against a user for breach of these conditions in your country of residence or other relevant country.

Third Party Rights

No person that is not a party to these Terms & Conditions 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.

Termination

Without prejudice to any other rights or remedies ByPost may limit, suspend or terminate this Agreement and your use of any of its Products and Services with immediate effect if we determine that you have breached the terms of this Agreement or if bypost reasonably suspects that a user has breached the terms & conditions of this Agreement. Upon such termination (and irrespective of the reason behind the termination) all licences and rights to use any of our Products or Services will terminate immediately. The user will at once cease any and all use of the products and services provided by us. The user will also destroy and/or delete any and all copies of the applications that run our Products and Services within the users possession or control.