Grappzie Terms & Conditions of Service
Last updated on: 30 April 2019
Welcome and thanks for you using Grappzie!
The following terms and conditions (the “Terms”) are an agreement between: (1) Grappzie Limited (“we”, “us”, “our”); and (2) users and/or visitors (“you”, “your”) of one or more of www.grappzie.com or any other site within our control (the “Website(s)”), one or more Grappzie applications (the “App”, and together with the Website(s), are collectively referred to as the “Platform”) which you access, and any products, tools, services and material of any kind made available through the Platform or us generally, and set out the legal rights and obligations between you and us.
In addition to these Terms, you must read any applicable terms and conditions and privacy policies (including any applicable End User License Agreements) of Apple, Inc. (“Apple”) from whom you downloaded the App which may also apply.
When we refer to “Grappzie” in these Terms, we mean us, the Platform and/or the Services (as defined below), according to the context.
You must be at least 18 years of age to use the Platform and to access the Services and you hereby represent and warrant that you are at least 18 years of age and can enter into legally binding contracts.
Regardless of how you use the Platform or how you access the Services, your hereby indicate that you have read, understood and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Platform or access the Services.
These Terms may be changed and updated from time to time without prior notice to you. You should regularly visit these Terms to review the current terms and conditions applicable at that time so you are aware of any changes to these Terms to which you are bound. Please note that these Terms may also be supplemented by additional terms elsewhere on the Platform or in connection with certain Services.
Grappzie is a simple to use digital first greeting and invitation platform which allows you to create a personalised greeting or invitation (each such design, “Your Creation”) by using certain tools and features made available within the Platform (the “Services”) to:
- customise a number of elements to create Your Creation including: (i) changing typefaces; (ii) adding photos from the camera or photo roll on your personal computers, mobile handsets, tablets, and/or other relevant device, as the case may be, (“Device(s)”), (iii) adding stickers (“Stickers”) created by us or members of the Grappzie Creative Community (the “Creative Community”), (iv) sketching; and (v) changing backgrounds (“Backgrounds”, together with “Stickers” and any other content on and in Grappzie that is not Your Content (as defined below) is referred to as “Our Content”) designed by us or by members of our Creative Community; and
- then, among other things, to (i) save Your Creation to your Device(s) and/or (ii) share or otherwise distribute Your Creation through certain applications or features on your Device(s) and/or (iii) have Your Creation printed, packaged and posted by, or on behalf of, us to one or mailing addresses within the United Kingdom (our “Print & Mail Facility”).
We are a company incorporated in England and Wales with company number 11252612 and with our registered office is located at 29 Maltings Place, Tower Bridge Road, London, United Kingdom, SE1 3JB.
Our contact details are as follows:
Email address: email@example.com
REGISTRATION AND YOUR ACCOUNT
You may be required to register with Grappzie and create an account (“Your Account”) in order to use the Platform and access one or more of the Services. As part of the registration process, you agree to provide and maintain true, current and accurate information about you. You may keep this information updated in the ‘Profile’ page of the App. We may, from time to time, further request additional information from you in order to improve the Platform and/or the Services and this information can be populated in the ‘Profile’ page of the App or as otherwise directed by us. In order to make registration as quick and easy as possible for you, we may from time to time allow the ability for you to register or login to the Platform through third-parties (“Third Party Login Providers”) including, but not limited to, Facebook and Google.
When you use a Third Party Login Provider to login to our Platform, you represent and warrant that you are entitled to use the account associated with such Third Party Login Provider. We do not control, do not endorse and are in no way responsible for such Third Party Login Providers. By choosing to use Third Party Login Providers, you agree to all the terms and conditions associated with that Third Party Login Provider.
When creating Your Account please choose a strong password that contains a combination of numbers and letters (both uppercase and lowercase). Remember to keep your username and password secure at all times. Do not allow anyone else to use Your Account. If you become aware of any unauthorised use of Your Account, you must inform us and change your password as soon as possible. You are responsible for anything that happens with Your Account (with or without your permission) as we are entitled to treat anything done through Your Account, or by means of an email address, phone number or other communications method associated with Your Account, as having been done by the you; it is up to you to maintain the security of Your Account.
There is a strict limit of one account per person and we reserve the right to suspend or terminate Your Account in circumstances where we reasonably suspect a breach of this section.
DIGITAL CARD PURCHASES AND COINS
You can create and have Your Creations digitally shared through our Platform using an applicable Service: (1) where such content is in digital format and is (x) clearly labelled ‘Free’ or (y) included as part of a Print & Mail Transaction, subject always to ‘Prices’ below, at no cost to you; or (2) in exchange for Coins, either of which is referred to as a “Digital Card Purchase Transaction”. Each Digital Card Purchase Transaction is an electronic contract between you and us.
Coins are purchased by you either on an individual basis or in packs. The more Coins you purchase in any one transaction may result in certain discounts being applied as shown on the ‘Buy Coins’ page of the App. Coins can be used in a Digital Card Purchase Transaction, as well as for other Services that may be available from time to time. We may from time to time and at our sole discretion issue additional Coins to you during certain promotional periods.
All Coins purchased by you must be used within two years from the date of purchase (the “Expiry Date”). We encourage you to use your Coins as soon as possible after your Coin Purchase Transaction. Failure to use your Coins purchased in that applicable Coin Purchase Transaction (such Coins being, the “Unused Coins”) by the Expiry Date may, at our sole discretion, result in an amount of Coins equal to such Unused Coins being debited from Your Account.
Any Coins you have are recorded separately in Your Account. You can see how many Coins you have at any time by visiting the ‘Wallet’ page of the App under ‘Your Account Balance’.
You may only use Coins when making an exchange for an applicable Service.
For a Digital Card Purchase Transaction, the balance of your Coins will be debited by the Coin amount as specified upon tapping ‘Buy Now’ in the ‘Card Options’ page of the App.
We reserve the right to increase or decrease the number of Coins that may be required in order to be exchanged for a particular Service without prior notice to you.
All prices include VAT unless otherwise stated.
All prices are quoted, and will be charged, in British Pound Sterling. We accept no responsibility or liability for any currency exchange rate fluctuations, which are entirely at your risk.
The cost of using the Print & Mailing Facility includes print, packaging and delivery and the price is calculated depending on the number of addresses, number of cards per such address and whether you choose to send using Standard Delivery (this is the default option) or Express Delivery. Any initial costs will be shown to include the total cost of the order including Standard Delivery. Where you select Express Delivery in the ‘Edit Address’ page of the App by ticking ‘Express delivery’, your cost will be adjusted for delivery to such address, and your total cost will be recalculated accordingly and shown in ‘Addresses’ page of the App.
In accessing our Platform or sending Your Creations using a Service, your network provider will usually charge according to their standard rates or deduct it from your allowance. We are not responsible for any of these costs.
We reserve the right to change our prices at any time.
You can pay for Coins in the ‘Buy Coins’ page of the App. If you downloaded your App from the Apple App Store then such purchase of Coins (each such purchase of Coins is referred to as a “Coin Purchase Transaction”) will be processed by Apple and not by us and will be governed by and subject to Apple’s terms and conditions (including any applicable End User License Agreements) for in-app purchases (“In-App Purchase Terms”). You acknowledge and agree that the In-App Purchase Terms will apply to your Coin Purchase Transaction. You further acknowledge and agree that you are fully responsible for managing your Coin Purchase Transactions and the amount you spend on such purchases. If you have any payment related issues with a Coin Purchase Transaction, please contact Apple directly.
Print & Mail
You can pay for the use of the Print & Mail Facility using credit card, debit card or any other payment method which we make available to you at the time of your purchase. All of our credit and debit card payments are processed securely by a third party payment processor (our “Payment Processor”) which is currently Stripe Payments Europe, Ltd. and/or Stripe, Inc. and/or one or more of its affiliated companies (collectively, “Stripe”).
By entering your credit or debit card details and tapping ‘Pay’ in the ‘Purchase’ page of the App, your credit or debit card, together with your name and billing address, will be stored securely by Stripe or another Payment Processor. We never store or have access to your credit or debit card details. We may share certain of Your Account data and other information about you with our Payment Processor and related integration partners, as described in our Privacy Notice.
By tapping the ‘Pay’ button in the ‘Payment’ page of the App, you confirm the request that we will print, package and post Your Creation to the specified addresses at the specified number at the ‘Total cost of order’ as clearly shown on the ‘Payment’ page of the App (a “Print & Mail Transaction”) and authorise our Payment Processor to charge the selected payment method for such amount.
Each Print & Mail Transaction is an electronic contract between you and us.
YOUR CONTENT; YOUR CREATIONS
Rights you grant us
In consideration of the rights we grant to you under these Terms (see section ‘Rights we grant you’ below), you hereby grant us:
- the right to allow the Platform to use the processor, bandwidth, and storage hardware on Your Device(s) in order to facilitate the operation of a Service;
- the right to provide marketing and other information to you; and
- in connection with Your Creations, a worldwide, royalty-free, perpetual, exclusive licence to use the materials and content (including, but not limited to, any photos, illustrations, text and messages) you submit, upload, create or add within the Platform or include in Your Creations in order for us to save, reproduce, adapt, distribute, share or otherwise communicate Your Content.
Rights we grant you
Subject to these Terms, we grant to you a limited, non-exclusive, revocable, non-transferable worldwide licence to make use of the Platform and the Services and, in connection with Your Creations, we hereby grant to you a limited, non-exclusive, revocable, non-transferable worldwide licence to use Our Content in and for Your Creation (together, the “Licence”). The Licence granted is only for personal, non-commercial purposes. All other rights, including, without limitation, all copyright and other intellectual property rights relating to Our Content, are retained by us and/or the members of the Creative Community and/or other licensors, as the case may be. Grappzie and Our Content are licensed, not sold, to you and we retain ownership of all copies of Grappzie and we and/or our members of the Creative Community and/or our other licensors, as the case may be, retain ownership of Our Content, in each case, even after installation on Your Device(s).
Our Content is protected by international copyright laws and treaties.
Subject to rights specifically granted to you pursuant to the Licence, once Your Creation has been created, you will be the owner of Your Creation and you retain ownership of all rights, including intellectual property rights, in Your Creation.
You expressly agree that Your Creations and any other of your content on the Platform (including, but not limited to, your information in Your Account) (collectively with Your Creations, “Your Content”), as well it being shared:
- does not and will not infringe a copyright or any other rights (including trade marks) of any person or a duty owed to any person;
- does not and will not misrepresent or impersonate a person;
- does not and will not advocate, promote or assist any illegal act and otherwise does not or will not contravene any applicable law or regulation;
- does not and will not contain any content which:
- personally identifies another person (including, but not limited to, such person’s telephone number and/or address and/or a photo of such person) without their consent;
- is obscene, indecent or offensive;
- is discriminating in any way (including, but not limited to, discrimination that relates to sex, sexual orientation, religion, race, nationality, disability and/or age);
- may incite hatred or violence against any person;
- is false, inaccurate, misleading, offensive, abusive, threatening or defamatory; and
- does not and will not cause harassment, inconvenience, distress, needless annoyance, upset or embarrassment to any person.
We may, but have no obligation to, monitor, review, or edit Your Content. In all cases, we reserve the right to remove, prevent the distribution or disable access to Your Content (including any of Your Creations) for any or no reason. We may take these actions without prior notification to you or any third party. Removal or disabling of access to Your Content shall be at our sole discretion.
Before you tap (i) ‘Buy Now’ in the ‘Digital Card’ page of the App for a Digital Card Purchase Transaction or (ii) ‘Pay’ in the ‘Payment’ page for a Print & Mail Transaction, please ensure that you have checked all aspects of Your Creation as it is up to you to ensure that content you have contributed for inclusion is correct. Once you tap ‘Buy Now’ or ‘Pay’, Your Creation is immediately available and you have no right to cancel (see section ‘Cancellations, Returns and Refunds’ below).
Please be mindful about how you use Grappzie, what information is contained in Your Content and what is shared using the Platform. Be aware that Your Creations may be used and re-shared by other people through a variety of different means. Remember, you are solely responsible for Your Creations. We have no responsibility for Your Creations (including what is contained in Your Creations; in particular, we do not endorse any photo, opinion or message contained in Your Creations). We are not responsible for what is shared (or re-shared) at any time.
PRINT AND MAIL FACILITY
Not only does Grappzie allow you to share Your Creation digitally, you can also send Your Creation in the post by ticking the ‘Print & Digital’ option in the ‘Card Options’ page of the App and Grappzie will print, package and send Your Creation to one or more valid addresses in the United Kingdom by Royal Mail.
We have two options available for delivery, either “Standard Delivery” or “Express Delivery”. Our “Standard Delivery” is the default option and Your Creation will be sent using Royal Mail Second class post. Orders placed using “Express Delivery” service will be prioritised and sent using Royal Mail First class post.
Cut-off times and Dispatch
All orders are processed in the order that they are received. Orders that are “Express Delivery” will be processed before those that are “Standard Delivery”.
We send out orders on Business Days. Our cut-off time for next Business Day dispatch using the Print & Mail Facility is 3.00pm (the “Cut-off Time”) on Monday through to Thursday (inclusive). Any order received after the Cut-off Time on such days shall be processed the following Business Day for dispatch on the next following Business Day.
A “Business Day” in this Term shall be any day that is not a Saturday or Sunday or public holiday in the United Kingdom.
According to Royal Mail they aim to deliver Second class post in two or three working days, including Saturdays following dispatch. For First class, they aim to deliver the next working day including Saturdays following dispatch. We are not responsible for the failure of Royal Mail to deliver within these timeframes and make no guarantee that your order will be delivered on a specific date or time.
When using the Print & Mail Facility, you are fully responsible for the accuracy of a delivery address provided, so please ensure that it is correct as we are not liable for any orders that were not delivered due to an incorrect address. We require all orders to be sent to have a valid UK postcode. Royal Mail provides a postcode locator at www.royalmail.com/find-a-postcode which is useful. Such postcode finder is provided by a third-party and Grappzie is not responsible for the accuracy of the results.
In the event that Your Creation(s) do not arrive at the specified address within 4 working days from the date you ordered, please email us firstname.lastname@example.org and we will try and see what has happened.
CANCELLATIONS, RETURNS AND REFUNDS
Coin Purchase Transactions
Pursuant to the In-App Purchase Terms, all billing and transaction processes (including all cancellations and refunds) are handled by Apple with respect to your Coin Purchase Transactions. You acknowledge and agree that the In-App Purchase Terms will apply to any cancellation or refund you may request for a Coin Purchase Transaction. If you wish to request a refund or a cancellation for a Coin Purchase Transaction, then you need to contact Apple directly.
Digital Card Purchase Transactions; Print & Mail Transactions
Cancellation – For each order, when you tap (i) ‘Buy Now’ in the ‘Digital Card’ page of the App for a Digital Card Purchase Transaction or (ii) ‘Pay’ in the ‘Payment’ page for a Print & Mail Transaction, you hereby consent to the immediate delivery of digital content and you acknowledge and agree that you do not have the right to cancel such purchase and this is treated as a waiver of such right, pursuant to and in accordance with, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Refunds & Reprints – Here at Grappzie we have strict standards and want Your Creation that has been shared to arrive in good condition. You acknowledge and agree that Your Creation is a personalised product and we are under no obligation (i) to provide a refund for a Digital Card Purchase Transaction or a Print & Mail Transaction or (ii) in the case of a Print & Mail Transaction, to re-print, unless, in each case, Your Creation is received damaged or is faulty. However, in the unlikely event of this happening, please email us at email@example.com as soon as possible and within three days of receipt including the following information:
- the name and date Your Creation was sent, and for a creation sent using our Print & Mail Facility, your order number (located in the subject line of your order confirmation email);
- the email address you have registered with us;
- details of the problem; and
- photographic evidence of the damage/faulty item(s) in order to be eligible for a refund.
In certain circumstances, in the case of a Print & Mail Transaction, we may ask you to send us back the damaged/faulty item(s). Details on how to do this will be provided at such time.
Once we have received the information will then advise you on whether you are eligible for a refund or reprint.
If you are eligible for a refund, we will reimburse the amount paid for such item onto the credit or debit card that you originally paid with. In the case of a Print & Mail Transaction, we may, at our sole discretion, offer to reprint and re-post Your Creation that was damaged or faulty to the address specified, at no cost to you.
We do not give refunds for errors made by you such as misspelling, images or photos that are uploaded through the App which are of a poor resolution, artistic mistakes made by you during the making of Your Creation or for any incorrect address details inputted by you.
Your right to return items and or to a refund in accordance with these Terms is in addition to any other statutory rights you may have.
In certain circumstances we, in our sole and absolute discretion, may offer a refund or if using our Print & Mail Facility, a reprint. Please email us at firstname.lastname@example.org and we will try and help.
It is strictly our policy to either give a refund or provide a reprint – we don’t do both.
Changes – Unfortunately, due to the nature of the product it is difficult to make changes to Your Creation once you have placed the order. However, if Your Creation is being shared using our Print & Mail Facility, please contact us immediately at email@example.com (quoting your order confirmation number) and we will try and help as best we can.
You agree that we, in our sole discretion, may terminate Your Account and your right to use the Platform and any Services, and to remove and discard any content you have uploaded and/or created (including, but not limited to, Your Creations) using our Platform: (1) if you breach any of these Terms, any other applicable regulations, guidelines or law; (2) due to lack of use; or (3) for any commercial or business reasons. In such cases, you agree that we shall have no liability or responsibility to you to the fullest extent permitted under applicable law.
Please contact us at firstname.lastname@example.org if you wish to terminate Your Account.
Your liability to us
You agree to indemnify, defend (at our request) and hold harmless Grappzie (and its affiliates and its and their respective employees, agents, officers, directors and customers or licensors) from and against any and all claims, costs, damages, losses and expenses (including attorneys’ fees), arising out of: (1) your breach of these Terms; (2) Your Content; (3) you using a Third Party Login Provider to login into the Platform; (4) any activity in which you engage on or through the Platform and in using any Service and/or anything done while Your Account is logged into the Platform; and (5) your breach of any law, regulation or the rights of a third party.
Our Liability to you
We use reasonable care and skill to provide Grappzie in accordance with our specifications but you acknowledge and agree that Grappzie is provided “as is” and “as available” and we cannot and do not guarantee that Grappzie will meet your requirements.
We shall have no obligation, duty or liability whatsoever in contract (by way of indemnity or otherwise), tort (including negligence, breach of statutory duty and any other tort), misrepresentation or otherwise, save as expressly provided in these Terms.
To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Platform, the Services, Your Content, Our Content or any other content on or arising out of them, whether express or implied.
If we are in breach of these Terms, we will only be responsible for any losses that you suffer as a result of that breach to the extent that such losses are a foreseeable consequence to both you and us at the time you access the Platform and use a Service. In no event will Grappzie (its affiliates and its and their respective employees, agents, officers, directors and customers or licensors) be liable for: (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, profits (whether direct or indirect), sales, revenue; loss of anticipated savings; loss of business opportunity, goodwill or reputation, in all cases arising out of the use or inability to use Grappzie.
Furthermore, our total liability to you in respect of all causes of action arising out of or in connection with these Terms, a Digital Card Purchase Transaction, a Print & Mail Transaction or a Coin Purchase Transaction whether for breach of contract, tort (including negligence, breach of statutory duty or any other tort), misrepresentation or otherwise, which is deemed by an English court to not be excluded or otherwise limited by these Terms, shall not exceed the total price (or monetary equivalent) paid for that Service.
Notwithstanding the foregoing, nothing in these Terms excludes or limits our liability to you 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 as result of using the Platform or the Services. Nothing in these Terms will affect your statutory rights if you are a consumer.
The provisions of this section shall survive the termination or expiry of these Terms.
We will make reasonable efforts to keep Grappzie operational but we do not guarantee or otherwise warrant that the Platform, the Services or any content (including, but not limited to, Our Content and Your Content) on or accessed through them, will always be available or be uninterrupted; certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, we reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Platform, the Services, Our Content, Your Content and any other content on or accessed through them, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of Grappzie or any function or feature thereof. You acknowledge and agree accept that we have no obligation to maintain, support, upgrade, or update any part of the Platform, the Services, or to provide all or any specific content through the Platform. This section will be enforced to the extent permissible by applicable law. We may, from time to time, remove any content without notice to the extent permitted by applicable law.
We may limit the availability of the Platform, one or more of the Services or any product described on the Platform to any person or area at our sole discretion.
These Terms constitute the entire agreement between you and us related to the Platform and supersede any prior or contemporaneous agreement (whether writing or oral) relating to the Platform and/or the Services provided by our Platform. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
You can contact us by post at the address specified in the section ‘Trading Details’ above and you may email us at email@example.com. We will send our notices to you by email to the email address specified in Your Account.
Governing law; submission to jurisdiction
These Terms, use of the Platform, the Services and each Digital Card Purchase Transaction and each Print & Mail Transaction made using the Platform shall be governed by English law. You and we each submit to the non-exclusive jurisdiction of the English courts in relation to disputes arising in connection with these Terms, the Platform, the Services and any order for or purchase of a product.
You may not assign or transfer these Terms or any rights hereunder, and any attempted assignment or transfer in violation of the foregoing will be void. We may freely assign or transfer our rights or obligations hereunder at our sole discretion. These Terms will bind and inure to the benefit of our permitted successors and assigns. We may permit our corporate affiliates and our agents and contractors to exercise our rights and perform our obligations under these Terms. Without limiting the foregoing, all limitations of liability and disclaimers in these Terms also extend to our corporate affiliates.
Keep these Terms!
We don’t separately file the Terms entered into by you when you register with Grappzie. You can access them https://www.grappzie.com/terms-and-conditions/. Please make a durable copy of these Terms by printing and/or saving a downloaded copy on your own Device(s).
These Terms are offered in the English language only.
We will not be liable to you in any way whatsoever for any failure or delay in performance of any of our obligations under these Terms arising out of any event or circumstance beyond our reasonable control.
If any part of these Terms is held to be invalid or unenforceable, the remainder shall remain valid and enforceable.
Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches.
Save as set out in section ‘Apple-Related Terms’ below and ‘Assignment’ and ‘Liability’ above, a person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms, provided that this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
If you downloaded the App from the Apple App Store then the following terms apply: These Terms are between you and us, and not with Apple. However, as required by Apple, Apple and its subsidiaries will be third party beneficiaries of these Terms and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary. To the maximum extent permitted by law, we do not make any warranties about the Platform or the Services. If the App or the Services accessed thereby is nonetheless deemed not to conform to any warranty that may be implied at law, you may notify Apple and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Platform, and, as between Apple and us, any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty will be our responsibility. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App. As between us and Apple, we are solely responsible for the App and for addressing any claims you or any third parties have about the App, the Services or your possession or use of the App and the Services, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement and (iii) claims arising under consumer protection or similar legislation. In the event of any third party claim that the App or your possession or use of the App infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement or discharge of such claim. You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.