User Terms & Conditions
1. Welcome To PRYYNT
Our printing Service has been developed to make it easy for you to offer printed products online to your Users from within your Website or mobile application. This will provide a service to your Users while giving you additional revenue and more time to focus on your own product or service.
The Terms on which we provide our Service are set out in three sections:
PART 1 - A Quick Summary of our Service
PART 2 - Our detailed Terms which govern your visit to and use of the online and/or mobile services, websites, and software provided in connection with the Service (Please read these carefully to ensure that you understand each provision).
PART 3 - A Schedule setting out defined expressions used in the Terms (please refer to these as necessary when reading the Terms)
We have tried to ensure our Terms are clear and simple. If, though, you have any questions please do not hesitate to contact us at email@example.com.
2. PART 1 - QUICK SUMMARY OF SERVICE
A - The PRYYNT Service
PRYYNT will provide you with the PRYYNT Service.
The PRYYNT Service has been designed to allow you to submit Print Orders.
In order to use the Service you must accept these Terms and comply with the Service Rules (see section 5 of Part 2) at all times.
B - Using the Service
To use the PRYYNT Service you must accept these Terms by ticking the Acceptance Box. By so doing you are agreeing that any Print Order you submit for Printed Products and any other use of the Service will be subject to and made on the basis of these Terms.
C - Processing your Print Orders
Print Orders will be processed by PRYYNT Suppliers.
You must pay for any Print Products you order at the time of making your Print Order. Print Orders will, in all normal circumstances, be fulfilled and Print Products delivered within 7 working days of the date of order.
3. PART 2 - TERMS OF SERVICE
These Terms constitute a legal agreement between
(1) PRYYNT; and
(2) the User (you)
and shall come into force immediately upon your accessing the Service and (if applicable) ticking the Acceptance Box. By so doing you signify that you have read, understood, and agree to be bound by these Terms whether or not you are a registered user of our Service. These Terms apply to all Users and any others who access the Service.
Section I: The PRYYNT Service
1. The PRYYNT Service
The PRYYNT Service is a service which allows Users to submit Print Orders via the PRYYNT App. Print Orders may include orders for a print of any image available on, or uploaded by you to, the Website, in any Print Format for delivery within the Time Parameters to you or to any third party.
Forthwith on your acceptance of these Terms you will have a non-exclusive, limited, non-transferable, freely revocable licence to use the Service for your personal, non-commercial use only, as permitted by the features of the Service strictly on the basis of these Terms.
3. Reserved Rights
PRYYNT reserves all rights in the Service and in the PRYYNT Content not expressly granted herein.
Section II: Acceptance of Terms
1. Acceptance of Terms
1.1 In order to use the Service you must first accept the Terms by ticking the Acceptance Box. By so doing you are agreeing that any Print Order you submit for Printed Products or other use of the Service will be subject to and made on the basis of these Terms.
1.2 When you place a Print Order, we will collect some basic information about you which will include your name, location, email address, and phone number. You will further be asked to provide payment information which will be used to pay for any Print Orders you submit via the Service. Payment information may include credit or debit card details.
1.3 Where you are placing a Print Order on behalf of a business you must be authorised to act on behalf of that business and we will assume you have the authority to bind the business to these Terms. The term “you” as used in these Terms will mean you, the natural person, as well as such business.
1.4 The Service may not be used by anyone without the necessary capacity to conclude contracts. Generally this means a User must be 18 years old or over.
1.5 Notwithstanding your acceptance of these Terms your acceptance as a customer of PRYYNT is entirely at our discretion and we shall have no liability to you should we decide you are ineligible to place a Print Order for any reason.
2. Verification of Identity
2.1 We may need to verify your identity and may ask you for additional information in this respect. If you fail to comply with any of such request within five (5) days of being asked this may result in you being deemed ineligible to use the PRYYNT Service or suspension or termination of your PRYYNT Account. You also authorise us to retrieve additional information about you from third parties and other identification services.
3. Provision of Payment Details
We will ask you to provide payment information when you place a Print Order. This payment information will be used to pay for Print Orders you submit through the Service.
Section III: Processing Orders
1.1 The PRYYNT Service allows Users to purchase Print Products through the Service.
1.2 Print Orders will be processed by PRYYNT Suppliers in accordance with any Service Rules that we may publish from time to time.
1.3 We will submit all Print Orders received for processing by a PRYYNT Supplier no later than seven (7) working days from the date of receipt of such order.
1.4 We reserve the right, with or without prior notice, to discontinue or limit the availability of any particular printed product we may offer from time to time or to vary the Print Format of Print Products for which we are willing to accept Print Orders at any time.
2.1 You represent and warrant that all information that you provide in order to pay for Print Products is accurate, complete, and up to date.
2.2 You further represent and warrant that you have all legal rights necessary to use the payment method chosen by you, and you agree to pay all Charges incurred on your credit card, debit card, or other payment method chosen by you in connection with the purchase of any Print Products comprised in any Print Order submitted by you via the Service at the prices in effect when such Charges are incurred.
2.3 You agree we may add to Charges any applicable taxes prevailing from time to time.
2.4 All payments of Charges made through the Service are processed using a third-party payment processor. You acknowledge and agree that PRYYNT shall not be liable for any breach of credit card or debit card security or privacy by such third party payment processor.
2.5 If you or your payment provider fails to pay any Charges incurred by you through the Service PRYYNT may close your PRYYNT Account without warning or notice at its sole discretion.
3.1 We will ship all Print Products comprised in Print Orders made by you through the Service to the address you specify in the shipping address section of the order form.
3.2 Shipments will be made in accordance with the method you specified at the time of purchase and costs for shipping will be set accordingly and will form part of our Charges. The time period from order to delivery will vary depending on shipping address.
3.3 We reserve the right to charge additional shipping costs if any Print Product in any Print Order needs to be re-shipped due to your submission of incorrect shipping information.
3.4 We further reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
4. Risk of Loss
Title to Print Products comprised in Print Orders purchased by you through the Service, as well as the risk of loss for such Print Products, will pass to you when any PRYYNT Supplier delivers these items to the independent carrier we use to deliver Print Products comprised in Print Orders.
5. Damaged or Defective Print Products
5.1 If any Print Product comprised in a Print Order is damaged or defective when delivered to you, you must notify us of receipt of such damaged or defective Print Product within 7 days of receipt.
5.2 Damaged or defective Print Products attributable to fault on our part or on the part of any PRYYNT Supplier will be reprinted and reshipped at no charge to you. We may, prior to issuing any reprint or reshipment, request samples of the damaged defective Print Products for inspection.
5.3 Should you be dissatisfied with the quality of a Print Product that you receive, we will consider any reasonable complaint and if we consider your complaint justified will provide you with a credit so that you may reorder the Print Product or order an alternative Print Product of the same value.
5.4 To the extent that we issue any type of refund, that refund will be for credits to your account only. We do not issue any cash refunds or refunds to your credit card or other payment method of any kind.
Returns, refunds and rights of cancellation
You shall have the right to cancel a Print Order only in the following circumstances: (a) Within one hour of placing a Print Order (due to the personalised nature of Print Orders and the speed at which Print Orders are fulfilled we cannot accept cancellations after one hour of placing a Print Order); or (b) If we have failed to deliver the Print Order within 28 days after the date you placed the Print Order; or (c) In the case of a defective Print Product at the earliest opportunity after you have discovered that the fault or defect (provided that you shall be deemed to have inspected the Print Product as soon as reasonably practicable after delivery and in no case longer than 7 days after receipt). If a Print Order is cancelled under the conditions in (a) (b) or (c) above, we shall be responsible for all sums paid (including initial and re-delivery charges (if any)) in respect of the Print Order in question.
Notice of wish to cancel must be made by email to firstname.lastname@example.org Please note that, except in respect of the provisions of this clause 6, nothing in these Terms and Conditions shall give you any right of cancellation for Print Products, which, by their nature, have been made to your specification and are clearly personalised. You must return any Print Product to us in its original packaging (which you should retain for this purpose). Nothing in this clause affects your statutory rights.
Section IV: General Terms
Our agreement with you shall begin upon the date you tick the Acceptance Box and shall continue for as long as you use the Service or until terminated.
2.1 You may terminate your agreement with us by closing your PRYYNT Account at any time by following the instructions in the PRYYNT App
2.2 We may terminate our agreement with you and close your PRYYNT Account at any time for any or no reason.
2.3 Upon termination and closing of your PRYYNT Account, we will immediately discontinue your access to the Service.
3.1 All rights in the Service not expressly granted to you pursuant to these Terms are expressly reserved to PRYYNT. The Service is protected by copyright, trade secret and other intellectual or industrial property laws. PRYYNT owns all Intellectual Property Rights in the Service. These Terms do not grant you any rights to PRYYNT trademarks or service marks.
3.2 We may from time to time invite you to submit Ideas. By submitting any Idea, you agree that this will not place PRYYNT under any fiduciary or other obligation, and that PRYYNT is free to use the Idea without any compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, PRYYNT does not waive any rights to use similar or related ideas previously known to PRYYNT, or developed by its employees, or obtained from sources other than you.
4. User Content
4.1 The Service allows Users to upload or post User Content. PRYYNT claims no ownership rights over User Content created by you.
4.2 PRYYNT has the right (but not the obligation) in its sole discretion to remove any User Content from the Service at any time and for any reason.
4.3 You agree not to upload or post any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or unlawful action; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, sexually explicit, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current.
4.4 You agree that any User Content that you upload or post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights or rights of privacy of any other party.
4.5 In connection with your User Content, you affirm, represent and warrant that: (i) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness and each such person has released you from any liability that may arise in relation to such use; (ii) your User Content and PRYYNT’s use thereof will not violate any law or infringe any rights of any third party; (iii) your User Content does not contain any sexual, obscene, or otherwise objectionable material (including obscene or extreme pornography as detailed in Part 5 of the UK Criminal Justice and Immigration Act 2008 and indecent photographs or pseudo-photographs of a child as detailed in section 160 and 161 of the UK Criminal Justice Act 1988), and your use of the Service is not intended to harass, threaten, or otherwise cause the discomfort of another individual.
4.6 PRYYNT takes no responsibility and assumes no liability for any User Content that you or any other User or third party unloads or posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
5. Service Rules
5.1 You agree not to engage in any of the following activities in relation to the Service: (i) copying, distributing, or disclosing any part of the Service in any medium, (ii) using, attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (iii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iv) uploading invalid data, viruses, worms, or other software agents through the Service; (v) collecting or harvesting any personally identifiable information, including account names, from the Service; (vi) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (vii) interfering with the proper working of the Service; (viii) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (ix) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein
5.2 We may, without prior notice, change the Service or these Service Rules at any time. We may, without limitation, stop providing the Service or features of the Service, to you or to Users generally or create usage limits for the Service.
6. Representation and Warranties
You represent and warrant to us that:
6.1 if you are a natural person, you are at least eighteen (18) years of age or, if you are under eighteen (18) years of age, you’ve obtained the consent of your parent or legal guardian to your entering into an agreement with us and to using of the PRYYNT Service in the manner prescribed by PRYYNT;
6.2 you are eligible to register and use the Service and have the right, power, and ability to enter into and perform under this Agreement;
6.3 the name identified by you when you registered is your name or business name;
6.4 you will not use the Service, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Service.
6.5 without limitation to anything in clause 4 above, you have, or will have, the full and unqualified right to request us to fulfill any and all Print Orders you place with us through the Service and you will indemnify us and hold us fully harmless from all and any loss we may suffer by reason of a claim that fulfillment of a Print Order placed by you infringes the copyright or any other intellectual property rights of any third party.
7. No Warranties
7.1 The Service is provided on an “as is” and “as available” basis, without any warranties or conditions, either express, implied, or statutory, including without limitation any implied warranties of merchantability or fitness for a particular purpose.
7.2 We do not warrant that the Service is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, that the Service will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components.
7.3 Neither PRYYNT nor the PRYYNT Suppliers endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, or featured in any banner or other advertising,
8. Limitation of Liability
8.1 This clause sets out the entire financial liability of PRYYNT and the PRYYNT Suppliers to you in respect of:
(i) any breach of these Terms;
(ii) any use made by you of the Service; and
(iii) any representation, statement or tortious act or omission (including negligence) arising under or in connection with our agreement with you.
8.2 Nothing in these Terms excludes our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
8.3 In no event shall PRYYNT or the PRYYNT Suppliers be liable for any lost profits, loss of data, loss of revenue, loss of savings or any other pure economic loss or for any indirect, punitive, incidental, special, consequential or exemplary loss or damages arising out of, in connection with or relating to these Terms or the Services, including without limitation the use of, inability to use, or unavailability of the Service.
8.4 Under no circumstances will PRYYNT or the PRYYNT Suppliers be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of your PRYYNT Account or the information contained therein unless directly attributable to fault on the part of PRYYNT.
8.5 Neither PRYYNT nor the PRYYNT Suppliers shall have any liability or responsibility for any
(i) property damage, of any nature whatsoever, resulting from your access to or use of the Service;
(ii) interruption or cessation of transmission to or from the Service;
(iii) software bugs, viruses, trojan horses, or other harmful code that may be transmitted to or through the Service;
(iv) errors, inaccuracies or omissions in any content or information in each case posted, emailed, stored, transmitted, or otherwise made available through the Service; and/or
(v) defamatory, offensive, or illegal conduct of any third party.
8.6 Without limiting the foregoing provisions of this clause 6, PRYYNT and the PRYYNT Suppliers cumulative liability to you shall be limited to direct damages and in all events shall not exceed ten thousand pounds (GBP 10,000.00) or the value of all Print Orders made by you during the six (6) month period immediately preceding the event giving rise to the claim for liability whichever is the lesser.
8.7 This limitations in this clause shall apply in every situation even if PRYYNT has been advised of the possibility of such damage to the fullest extent permitted by law in any applicable jurisdiction.
9. Choice of Law
These Terms shall be construed and interpreted in all respects in accordance with English law and the courts in England shall have exclusive jurisdiction over any dispute arising hereunder.
10. Right to Amend
We may amend any of these Terms at any time and may change, delete, discontinue, or impose conditions on any feature or aspect of the Service. Notice of any such change will be posted on the PRYYNT App. By using the Service after any such change becomes effective you will be deemed to have agreed to the changes to these Terms or the Service as modified. If the proposed changes are unacceptable to you, you must terminate our agreement with you by closing your PRYYNT Account and cease using the Service.
11. Force Majeure
Neither party will be liable for failure (or delay) in performing any obligation under these Terms where such failure or delay is caused by such events as telecommunications or internet failures, power failures, equipment failures, strikes, riots, war, terrorist attack, non-performance of vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control.
The following clauses of these Terms, shall survive and remain in effect despite termination of our agreement with you: 3, 4, 6, 7, 8, 9, this Clause 12 and Clause 13 of this Part IV.
13.1 Waiver. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
13.2 Severance. If any provision of these Terms is judged to be illegal or unenforceable it shall be severed herefrom and such illegality or unenforceability shall not affect the continuation of the remainder of the provisions which shall continue in full force and effect.
13.3 Assignment. These Terms and any rights and licences granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by us without consent or other restriction.
13.4 Third Party Rights. These Terms do not confer any rights on any person or party pursuant to the Contracts (Rights of Third Parties) Act 1999.
13.5 Entire Agreement. These Terms and all policies and procedures that are incorporated herein by reference constitute the entire agreement between you and PRYYNT with respect to the provision of the Service. In the event of a conflict between these Terms and any other PRYYNT agreement or policy, these Terms shall prevail.
4. PART 3 - SCHEDULE OF TERMS
This Schedule contains a set of capitalised expressions which have been used throughout the Terms. The precise meaning of each expression is set out next to it.
PRYYNT: PRYYNT Limited (Company No 08953835), a company incorporated in England and Wales whose registered office is at Gladstone House, 77-79 High Street, Egham, Surrey TW20 9HY.
we, our or us: PRYYNT.
User: means you, being the person who has ticked the Acceptance Box and any person ticking the Acceptance Box on behalf of a legal entity represents in doing so that he has the authority to bind such entity.
you or your: User.
Acceptance Box: that box which the User must tick to accept these Terms.
Charges: charges for Printed Products offered for sale via the Service from time to time as the same are notified to you at the point of purchase and which shall include all shipping costs and any applicable taxes we are required to add.
Ideas: comments or ideas about the Service, including without limitation about how to improve the Service or our products.
Intellectual Property Rights: all patent rights, copyright rights, database rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual or industrial property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any province, state, country, territory or other jurisdiction.
PRYYNT App: the PRYYNT application programming interface embedded in the Website which enables visitors to the Website to submit Print Orders via the Service.
Print Format: any format or size in which PRYYNT is willing to accept Print Orders for Print Products via the Service from time to time.
Print Order(s): orders for printed products made via the Service.
Print Product: any printed material offered by PRYYNT via the Service from time to time in any Print Format.
PRYYNT Suppliers: printing contractors, delivery contractors or other applicable contractors appointed by PRYYNT to implement Print Orders.
PRYYNT Website: http://www.pryynt.me
Service or PRYYNT Service: PRYYNT’s proprietary centrally run, web-accessed, print management service.
Terms: these terms and conditions.
Time Parameters: the period between submission of a Print Order and the time of delivery of any Print Order as specified by PRYYNT from time to time.
User Content: content which a User submits, posts, displays, or otherwise makes available on the Service which may include images, drawings, text, profile information, comments, questions, and other content or information.
User Registration Page: that page on the PRYYNT App which Users must complete to use the Service and which includes the Acceptance Box.
Website: any website or mobile application platform from which the Service may be accessed via a PRYYNT App.
Last Updated: 30th March 2015