Terms

Introduction

    1. This page (together with the documents referred to on it) tells you the terms of use (“the Terms”) on which you (“you”, “the Buyer”) may make use of our mobile phone application (“the App”), our website at www.swonsong.com (“the Website”) – together the “Services”- and/or the use of any related service (“Equivalent Service”). The Services are operated by, and any Equivalent Service provided by, SwonSong Limited (“we”, “our” or “us”), whose registered office is at:

SwonSong Limited

71-75 Shelton Street

Covent Garden

London

WC2H 9JQ

United Kingdom

Company Registration: 09061278

VAT Registration Number: 207374614

Please read these Terms carefully before you start to use the Services or make use of any Equivalent Service. You may only use the Services or any Equivalent Service if you agree to these Terms. Your downloading, activation and installation of the App and your use of the Services 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 with us by email at: support@swonsong.com or by post to:

SwonSong Limited

71-75 Shelton Street

Covent Garden

London

WC2H 9JQ

United Kingdom

The Services are designed for your convenience and if you have any comments or problems and any questions regarding any part of the Services and/or products and services featured in the Services, please send an email to support@swonsong.com. If you have experienced technical problems while using the website and app, please contact us.

    1. The Services that we provide may only be used in accordance with these Terms. The services include, but are not necessarily limited to:
      1. the ability to upload digital images and written content to the App or Website
      2. the ability to upload video or audio files from the App to the Website
      3. the ability to order Letters on which we can print images that have been uploaded to the App or Website; and
      4. the ability to order other products or services through the App and Website, for example buying credits.

      Any Equivalent Service is likely to provide a service broadly similar to this, but construed accordingly where the service is provided not via the Services. Notwithstanding this, and for the avoidance of doubt, these Terms shall apply to the use of any Equivalent Service.

    2. Only persons aged 13 years or over may access the Website and use the services offered by us.
    3. We may change, modify or revise these Terms of use at any time by amending this page. The changes made to the Terms will come into effect as soon as they are posted on the Website and/or within the other Services or any Equivalent Service will be subject to the amended Terms. You are expected to check this page from time to time to take notice of any changes we may have made, as they are binding on you. By continuing to use the Services or any Equivalent Service you will be deemed to accept such variations of these Terms. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Website.

      Licence to use the Services

    4. Subject to your compliance with the terms and condition of this Agreement, SwonSong hereby grants you a limited, non-exclusive, non-sub licensable, non-assignable, revocable licence to download, install and use the Services (including for the avoidance of doubt the software therein) on the handset on which you install or use the Services for the sole purpose of your personal use of the Services from that handset, computer or any other electronic device.
    5. You agree not to copy, loan, sell, resell, assign, rent, lease, publish, redistribute, license, sublicense or otherwise transfer the Services. 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 Services (or any part of it or its underlying software) or make any attempt to access the source code of the Services (or any part of it or its underlying software).

Your Account

  1. Subject to these Terms you may open an account with us by completing the Registration Form. Once your registration has been accepted (and until your account is terminated) you will be able to upload images to the Services, access parts of your account using the Services and (subject to agreeing any additional terms which are applicable) request services to be supplied by us (such as the printing of uploaded images). You agree to, inter alia:
    1. provide true, accurate, current and complete information about yourself the “Registration Data” as prompted by the relevant registration form; and
    2. maintain and promptly update the Registration Data accessible using the Services to keep it true, accurate, current and complete.
  2. 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.
  3. You will receive confirmation emails, updates and marketing emails after you create a SwonSong account, at the email address you register with. You can opt out of marketing emails at any time.
  4. You will also need to provide a password in order to access your account. 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:
    1. 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 support@swonsong.com, and
    2. 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.
  5. There is no charge for opening a SwonSong account. You will be notified of any 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 purchase the products or services directly through the App using In-App Purchasing. Once the In-App Purchase has been completed, the message or messages can be uploaded to the SwonSong server for safe keeping, Notification and Activation.
  6. 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 Services or have access to the Services immediately and without giving you any advance notice. Further, we reserve absolutely the right to withdraw or suspend the Services where we deem this to be necessary without notice and we will not be liable to you for such unavailability.

    Uploaded content and images

  7. You may upload messages containing digital images (still & movie) when using the Services or otherwise use digital images in connection with the Services.
  8. Although we prohibit the uploading of certain types of image to the Services, we cannot control the use of the Services. SwonSong reserves the right to monitor message content with the sole aim of ensuring the data conforms to our allowable guidelines and does not contravene any of our rules. It is possible that images or other material may appear in the Services 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:

    SwonSong Limited
    71-75 Shelton Street
    Covent Garden
    London
    WC2H 9JQ
    United Kingdom
    Email: support@swonsong.com
  9. 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 Services 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.
  10. 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.
  11. We may refuse to provide any services to anyone who breaches these Terms.
  12. You agree to indemnify and hold harmless, us and our officers and employees and the Promoter against any and all actions, claims, damages, liability, costs and expenses arising out of, but not exclusively:
    1. any use by you of the Services or any Equivalent Service in breach of these Terms,
    2. any claim that the uploading or emailing of any messages containing images by you or on your behalf is an infringement of any third party’s copyright, trade mark or other intellectual property rights; or
    3. any claim that the processing, printing or other dealing by us of any messages containing 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.

What You Are Allowed To Do

  1. You may use the Services and access any part of the Services provided you have a valid password. You may not access these areas without a valid password, as all user stored content is classed as personal.
  2. In order to receive and display your messages, your chosen contacts will be required to open an account and register their personal contact and address information. This is to ensure the message is delivered to the chosen recipient via SwonSong website, regardless if they have changed their email address or provider.There is no charge for opening an account and receiving messages.

    What You Are Not Allowed To Do

  3. You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material in the Services or as part of any Equivalent Service or from any copies or printed items taken of material from the Services or any Equivalent Service.
  4. You are not allowed to upload or order items which contain or use any images or other material including text based annotations and comments, which contain, but not exclusively any of the following:
    1. material which is defamatory of any person;
    2. material which is pornographic, obscene, indecent or offensive;
    3. material which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
    4. material that is likely to incite hatred or violence against any person or group;
    5. material that is likely to deceive any person;
    6. material which concerns or relates to any criminal act;
    7. material the use or inclusion of which infringes any copyright, trademark, database or other intellectual property right of any third party;
    8. material made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; material which promotes any illegal activity;
    9. material which is threatening, abusive or invades another’s privacy, causes annoyance, inconvenience or needless anxiety;
    10. material which is likely to harass, upset, embarrass, alarm or annoy any other person;
    11. material used to impersonate any person, or to misrepresent your identity or affiliation with any person;
    12. material which gives the impression that it emanates from us, if this is not the case;
    13. material that advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse;
    14. Material that breaches any applicable laws or legislation; or
    15. Material that contravenes any International Olympic Committee (“IOC”) guidelines.
    16. material that relates to terrorism or the radicalization of others to become involved with acts of terrorism.
  5. You are not allowed to:
    1. create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Services or from any Equivalent Service except where expressly permitted in connection with the Services or in connection with the Equivalent Service;
    2. disseminate unsolicited advertisements or for any other commercial purposes (which would include using the Services or any Equivalent Service to promote or encourage the sale of your goods/services);
    3. transmit or re-circulate any material obtained from the Services or any Equivalent Service to any third party except where expressly permitted;
    4. disseminate any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
    5. disseminate any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    6. use the Services 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
    7. post link(s) that take users to material that contravenes any of the above restrictions.
  6. 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.

    Rights

  7. You retain all intellectual property rights, including copyright, in those images that you have used whilst using the Services 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 Services or any Equivalent Service howsoever arising.

    Rights you license

  8. When you upload Content to SwonSong and you have agreed to permit “Social Media Sharing”:SwonSong does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you post on or through the SwonSong Services. By agreeing to “Social Media Sharing” relating to any Content on or through the SwonSong Services, you hereby grant to SwonSong an unconditional, irrevocable, exclusive, fully transferable, sub-licensable, fully paid and royalty-free, perpetual worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of your content in any format and on any platform, either now known or hereinafter invented.When you upload Content to SwonSong and you have selected not to permit “Social Media Sharing”:The content will not be shared publicly (“private”) and will not be distributed outside the SwonSong Services.
  9. You warrant and agree that you have the right to copy, upload or otherwise deal with those images in relation to the Services 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.
  10. You may not upload, request us to print, or otherwise deal with, in relation to the Services 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 Services

  11. We may and within our absolute discretion, change the format and content of the Services (or any products or services offered by the Website & App) or the provision of any Equivalent Service at any time.
  12. We may record details of your website usage or mobile application usage for the purposes of improving the service.
  13. We may terminate or suspend the operation of the Services (or terminate or suspend provision of any products or services offered through the Website & App) 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.
  14. Because public networks, such as the internet and mobile phone networks, occasionally experience disruptions, we cannot guarantee the Services or any Equivalent Service will be available at all times. Although we strive to provide the most reliable Services possible, interruptions and delays in using the Services or an Equivalent Service are unavoidable and we disclaim any and all liability for damages resulting from such problems howsoever arising.
  15. Information in the Services 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 Services is accurate, complete, reliable, current, or error-free.

    Privacy and Data Protection

  16. Personal data provided to us through the Services or as part of any Equivalent Service which uses credits purchased by the Customer will only be used in accordance with our Privacy Policy. Please read through this carefully before proceeding. By providing your personal data to us you are consenting to its use in accordance with our Privacy Policy.

    Services/Products

  17. Once you have placed an order for any products or services (“the Products”) through the Services 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 will be provided within the App by confirmation that the message has been successfully uploaded to our server.
  18. The decision as to whether to accept any order from you is at our sole discretion.
  19. 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.
  20. We have a policy of continuous product development and reserve the right to amend the specifications of any of the Products without prior notice.

    Price, Payment and Currencies

  21. Credits are used to upload SwonSong messages to our server. The cost of a single credit depends on your country and how many you are purchasing. You can use these credits against the cost of upload of any of our message types. All credits purchased for SwonSong are to be purchased via the App IAP (In-App Purchasing).SwonSong reserves the right to amend credit purchase prices as deemed necessary.

    Payment on Account (Credits)

  22. The system of payment on account is referred to as “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.
  23. Credits that have been purchased are recorded and the total balance of credits is shown in your account under “Credits”. Your current credits balance can be viewed from within the App.
  24. Applicable goods means any message types uploaded to our server. At the point of message upload our system will check your credits balance. Any applicable goods will be paid for by drawing down the paid balance. If the credits balance is insufficient, a credits purchase page will be presented within the App to enable a further credits purchase.

    Purchasing and Refund Policy

  25. We don’t provide refunds on any fees or charges related to your SwonSong account, including bank/merchant fees.SwonSong can’t offer refunds for Credits purchased through your iOS device. Under exceptional circumstances, we may offer extra Credits, which can be added to your account.You agree that all sales by us to you of Credits are final and that we will not refund any transaction once it has been made. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase Credits from us, you acknowledge and agree that we will begin the provision of the Credits to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point. For the purposes of this paragraph, a “purchase” is complete at the time our servers validate your purchase and the applicable Virtual Goods or Virtual Money are successfully credited to your account on our servers.For payment inquiries and Credit requests, you may contact customer support on support@swonsong.com

    Cancellation

  26. 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.
  27. We may cancel your account without notice and at our sole discretion.
  28. 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.

    Limitation of liability

  29. The Services are provided on an “as is” and “as available” basis. SwonSong does not, either expressly or impliedly, make any warranties, claims or representations with respect to the Services including, without limitation, warranties or conditions of quality, performance, non-infringement, merchantability or fitness for use for a particular purpose. SwonSong does not represent or warrant that availability or use of the Services will be uninterrupted, timely, secure, error-free or virus-free. Access to the internet and your mobile network is provided by your internet service provider and mobile network provider respectively, and as such is outside the control of SwonSong – accordingly, SwonSong cannot accept any responsibility or liability for any failure of your mobile network, or any losses or damage suffered as a result.
  30. SwonSong is not responsible for the content of any external website featured as a link in the Services, nor are we responsible for the content of any advertiser’s website or the conduct of any business or individual advertising in the Services or related to any Equivalent Service. Any such links are provided merely as a service to users of the Services or any Equivalent Service and their inclusion does not constitute an endorsement by or affiliation with SwonSong.
  31. Whilst we make every effort to deliver all your messages in the agreed time, we will not be liable if we fail to do so in part or in full due to circumstances beyond our control.
  32. 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.
  33. Where information (including sensitive financial or personal information) is provided to us (whether directly through the Services 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 Services or otherwise.
  34. The liability of SwonSong, 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.
  35. 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 Services 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.
  36. 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.

    Disclaimer

  37. The website and App is intended to provide general information only. Users should seek appropriate professional advice before taking or refraining from taking any action in reliance on any information contained in this website. So far as permissible by law, SwonSong does not accept any liability to any person relating to the use of any such information.Whilst SwonSong has taken every precaution in compiling this site neither it nor any contributors to the site can be held responsible for any action (or the lack thereof) taken by any person or organisation wherever they shall be based, as a result, direct or otherwise, on information contained in or accessed through this internet site.

    Computer viruses

  38. We will use reasonable endeavours to ensure that the Services 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 used in connection with the Services or 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 Services.

    Encryption

  39. Although the Website and App uses encryption security software in areas where messages are uploaded to and from the server, the security of information transmitted via the Internet cannot be guaranteed. Any loss incurred or sustained by any User who transmits information by means of message upload/download or other Internet links shall be borne solely and exclusively by such User and in no event shall any such loss in whole or part be borne by SwonSong or its agents.

    Severability

  40. 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

  41. 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

  42. 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.

    Termination

  43. Without prejudice to any other rights or remedies, SwonSong may limit, suspend or terminate this Agreement and your use of the Services with immediate effect if you have breached the terms of this Agreement or if SwonSong 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 Services shall immediately terminate; (b) you will immediately cease any and all use of the Services and (c) you will destroy and/or delete all copies of the Services in your possession or within your control. SwonSong reserves the right to modify, suspend or discontinue provision or operation of the Services at any time, and will endeavour to warn you in advance of any such modification, suspension or discontinuation.

SwonSong Limited – Terms and Conditions, updated August 2016 (V1.13)

 

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