These Terms are effective on 20/05/16. These Terms affect your legal rights and obligations. If you do not agree to be bound by all of these Terms, do not access or use the Service. You agree that we are not responsible for, and do not endorse, User Content posted within the Service. We do not have any obligation to prescreen, monitor, edit, or remove any User Content. If your User Content violates these Terms, you may bear legal responsibility for that User Content.
1. WHO WE ARE
These Terms and Conditions govern the use of the Service offered by DHE Trading Ltd, trading as OhSoChimp, (“Company” and “we”). We are registered in England and Wales under company number 07456920 and have our registered office at Unit 103, 1 Davy Road, Plymouth, Devon, PL6 8BX.
2. CHANGES TO THESE TERMS
We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. Your use of the Service after we post a change will constitute your acceptance of and agreement to such changes. Therefore, you should frequently review these Terms and Conditions and the connected documents to see if they have been changed.
3. USER CONTENT
3.1. You are solely responsible for your conduct and any data, text, files, information, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “User Content”) that you submit, post or display on or via the Service.
3.2. You remain the owner of the intellectual property rights in the User Content that you submit, but you agree that we have a non-exclusive, sub-licensable, transferable, world-wide, perpetual, royalty-free licence to use your User Content in order to facilitate your use of the Service, to show (in whole or in part) other users of the Service and other third parties who may be interested in the Service. To the fullest extent permitted by law, you waive any and all moral rights you may have in the User Content.
3.3. Violation of these Terms may, in our sole discretion, result in termination of your Service account. You understand and agree that we cannot and will not be responsible for the User Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of the Service to you.
3.4. You represent and warrant that:
3.4.1. you own the User Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms;
3.4.2. the posting and use of your User Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trade mark and/or other intellectual property rights;
3.4.3. you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you post on or through the Service; and
3.4.4. you have the legal right and capacity to enter into these Terms in your jurisdiction.
3.5. We reserve the right to remove any User Content from the Service for any reason, without prior notice. User Content removed from the Service may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations.
3.6. None of your User Content will be subject to any obligation of confidence on our part, and we will not be liable for any use or disclosure of any User Content you provide.
4. YOUR USE OF THE SERVICE
4.1. You must be at least 13 years old to use our Service and 18 to purchase tangible products from us.
4.2. You must not use the Service for any illegal or unauthorised purpose.
4.3. You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that we are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Please exercise common sense and your best judgment when interacting with others.
4.4. You must not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
4.5. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, phone numbers or email addresses. You will need to give us the address of the person to whom you want to send postcards using the Service and that address will be viewable by people on the exterior of the postcard. You need to make sure that the addressee consents to this personal information being viewable by third parties, for example by postal workers involved in delivering the postcard to the addressee.
4.6. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your User Content.
4.7. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or us.
4.8. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any Service users.
4.9. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms.
5. YOUR ACCOUNT
5.1. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any other rights associated with your account. You are responsible for keeping your password secret and secure.
5.2. You must ensure that all information you provide or provided to us upon registration and at all other times is true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
5.3. You must not use domain names or web URLs in your username.
5.4. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
5.5. You must not create accounts with the Service through unauthorised means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
5.6. You agree that you are responsible for all data charges you incur through use of the Service.
6. ACCESSING OUR SERVICE
6.1. We do not guarantee that our Service, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Service without notice. We will not be liable to you if for any reason our Service is unavailable at any time or for any period.
6.2. You are responsible for making all arrangements necessary for you to have access to our Service. You are also responsible for ensuring that all persons who access our Service through your device are aware of these Terms and other applicable terms and conditions, and that they comply with them.
6.3. We encourage you to maintain your own backup of your User Content. We will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any User Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of User Content or other information may not be secure.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. We are the owner or the licensee of all intellectual property rights in our Service, and in the material published on it other than the User Content. Copyright laws and treaties around the world protect those works. All such rights are reserved.
7.2. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Service without our express prior written consent except for the User Content. Any use of such proprietary material, other than as permitted therein, is expressly prohibited without the prior permission of us and/or the relevant right holder.
7.3. You must not use any part of the content on our Service for commercial purposes without obtaining a licence to do so from our licensors or us.
7.4. If you print off, copy or download any part of our Service in breach of these Terms and Conditions, your right to use our Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
7.5. The service marks and trade marks of the Company, including without limitation DHE Trading, OhSoChimp, Chimpstaprint are trade marks owned by the Company. Any other trade marks, service marks, logos and/or trade names appearing on the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
8. PURCHASING PRODUCTS FROM US
8.1. If you purchase tangible products from us through the Service, this Clause 8 shall apply.
8.2. Nothing in these terms and conditions is intended to impinge upon a Consumer’s statutory or contractual rights to reject faulty goods.
8.3. All orders are subject to acceptance and to availability of the goods ordered: we are entitled to refuse any order placed by you.
8.4. You undertake that:
8.4.1. all details you provide to us for the purpose of purchasing goods or services offered on our web site are correct, and
8.4.2. the credit or debit card you use to make a purchase from us is your own card or your company’s card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
8.5. Though we endeavour to keep prices as accurate and up to date as possible sometimes errors do occur. If a price error has occurred we will inform you of this at the time of order.
8.6. We shall use reasonable endeavours to despatch goods within 48 hours of your order, but we do not accept liability for failure to deliver within the stated time. We use a third party printer to create tangible postcards through the Service, and our third party suppliers deliver the postcards to your addressee.
8.7. Delivery is deemed to take place when the goods are delivered to your addressee’s nominated address, whereupon the risks of loss and all damage and all other risks shall pass to the addressee.
8.8. We retain title in the goods until payment is received by us in full.
8.9. We deliver to all regions / countries that have a functioning postal delivery service.
8.10. It is your responsibility to ensure that you proof your postcard before placing your postcard order.
8.11. We may refuse an order if it does not comply with the terms and conditions of this Agreement.
8.12. Payment is due upfront on all orders. Payment may be made by Visa, Debit or Credit Card and Stripe. Other payment methods may be added at any time.
8.13. If you have a discount promotional code it is your full responsibility to ensure this is included in the relevant section during the order process. A promotional code or discount offer cannot be applied after you confirm your order.
8.14. We make every effort to supply the goods as advertised but reserve the right to supply the goods subject to minor variations in actual dimensions and specifications stated. All orders will be produced using the information provided by the customer at the time of order and we will not be held responsible for any errors submitted by the customer.
8.15. We use a highly automated printing procedure. We cannot be held liable for reprint charges or refunds where artwork of a low resolution or file size has been submitted to print.
8.16. We are committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. You must tell us of any faults with the tangible postcards or prints you order within 48 hours of receipt of the item. To report any problems, please contact us here email@example.com, notwithstanding the foregoing, we will only refund or replace items where required to do so by law.
8.17 Service unfortunately offers no cancellation, as all orders are immediately placed into a print system and mailed.
8.18 In the event the goods are damaged, contains defects or quality is substandard on delivery, you may request a refund by email: firstname.lastname@example.org within 20 days of your order. Photographic evidence must be provided to qualify for your refund.
Use of the service is entirely at your own risk. The service is provided on an “as is” “as available” and “with all faults” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement.
9.1. To the fullest extent permissible by law, neither us nor any of our employees, managers, officers or agents make any representations or warranties of any kind whatsoever, express or implied, as to: (a) the service; (b) user content; or (c) security associated with the transmission of information to us or via the service or (d) any products you may purchase through the service such as physical postcards, photos or prints.
9.2. To the fullest extent permissible by law, we disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, system integration and freedom from computer virus.
9.3. We do not represent or warrant that the service will be error-free or uninterrupted; that defects will be corrected; or that the service or the server that makes the service available is free from any harmful components, including, without limitation, viruses.
9.4. We do not make any representations or warranties that the information (including any instructions) on the service is accurate, complete, or useful. You acknowledge that your use of the service is at your sole risk.
9.6. By accessing or using the service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service.
9.7. To the fullest extent permissible by law, we disclaim any responsibility or liability to any person or entity for any loss, damage (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages), injury, claim, liability or other cause of any kind or character based upon or resulting from any user content or use of the service.
9.8. We are not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
9.9. Notwithstanding the above, in no event will our liability to you for all damages, losses or causes or action exceed one hundred pounds (GBP £100.00).
9.10. You agree to indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your User Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
9.11. Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law or the law of the jurisdiction in which you use the Service.
10. LINKS TO OTHER WEB SITES
10.1. Links (such as hyperlinks) from our Service to other websites do not constitute the endorsement by us of those sites or their content. We do not control any such sites, and is not responsible for their content. The existence of links on the website to such websites (including without limitation external websites that are framed by our Service as well as any advertisements displayed) does not mean that we endorse any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.
10.2. The use of any website controlled, owned or operated by third parties including our suppliers is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk.
11.1. You can deactivate your account here email@example.com [Subject: Account Deactivation]. If your account is deactivated, your photos, and all other data will no longer be accessible through your account, but those materials and data may persist and appear within the Service.
11.2. Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.
11.3. We reserve the right to refuse access to the Service to anyone for any reason at any time.
11.4. We reserve the right to force a change of any username for any reason.
11.5. We may, but have no obligation to, remove, edit, block, and/or monitor User Content or accounts containing User Content that we determine in our sole discretion violates these Terms.
12. OTHER IMPORTANT TERMS
12.1. We may transfer our rights and obligations under these Terms to another organisation, and we will always notify you through this page, but this will not affect your rights or our obligations under these Terms.
12.2. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.3. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.4. If 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.
12.5. These Terms are governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts.