Terms & Conditions

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.zappie.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, Zappie Kids Limited (“we”, “our” or “us”), whose office is at:

Zappie Kids Limited
Lime Tree House
15 Lime Tree Walk
Sevenoaks, Kent
United Kingdom
Company Number 8142877
VAT Number 152093627

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@zappie.com or by post to the above address.
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@zappie.com. If you have experienced technical problems while using the Website please contact us.

2. The Services that we provide may only be used in accordance with these Terms. The services include, but are not necessarily limited to:
a. the ability to scan and play content through the use of zappie enabled trigger images via the app
b. the ability to order wall stickers, greeting cards, transfers and stickers which contain zappie enabled trigger images; and
c. the ability to order other products or services through the App, Website, for example DVD’s
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.

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, Zappie Kids Limited hereby grants you a limited, personal, non-commercial, non-exclusive, non-sublicensable, 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, make commercial use of, loan, sell, 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

6. Subject to these Terms you may open an account with us by completing the Registration Form. You agree to:
a. provide true, accurate, current and complete information about yourself the “Registration Data” as prompted by the relevant registration form; and
b. maintain and promptly update the Registration Data accessible using the Services to keep it true, accurate, current and complete.

7. 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.

8. You will receive notices from us by postings on the Website or via one of the other Services, and by email to the email address specified in your Contact Information section.

9. 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:
a. 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@zappie.com, and
b. 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.

10. There is no charge for opening a Zappie account. You will be notified of any charges at the time you request/purchase the products or services. When you place an order for products or services, for which there is a charge, you will need to supply us with your credit card or debit card and/or other personal details so that we may process the order for you. Any charges for the products or services requested will be billed to your debit card, credit card or PayPal account once the order has been accepted by us.

11. In the event that you supply invalid credit or debit card details or details of a credit or debit card that belongs to someone else, we reserve the right to terminate your account at any time without notice and provide your details to the relevant authorities.

12. 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.

What You Are Allowed To Do

13. You may use the Services and access any part of the Services provided that it is not password protected. Access to some parts of the Services is only available if you have a valid password. You may not access these areas without a valid password.

What You Are Not Allowed To Do

14. You are not allowed to remove any copyright, trade mark or other intellectual property images and 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.

Rights

15. We retain all intellectual property rights, including copyright, of Zappie enabled trigger images and supporting images, the zappie app and we are the owner (or the licensee) of all intellectual property rights in the Services or any Equivalent Service.

16. We may display, modify, print, transmit or distribute any of the images that you upload or email to us, in order to provide any of the services offered by us through the Services or any Equivalent Service subject to these Terms.

Operation of the Services

17. 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 liability for damages resulting from such problems.

Privacy and Data Protection

18. Personal data provided to us is subject to 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

19. Once you have placed an order for any products or services (“the Products”) through the Services or via any Equivalent Service the order will not be treated as having been accepted until you receive confirmation from us that this is the case. This confirmation may be provided by email..

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.

21. We endeavour to display and describe as accurately as possible the printed colours of the Products but cannot undertake to give any assurance that the colours of the Products supplied will exactly match those displayed on the Customer’s monitor, mobile phone or any other electronic device.

Price, Payment and Currencies

22. All products and services purchased will include Sales Tax/VAT at 20% if applicable. You shall be responsible for any other taxes applicable in the territory to which the Products are sent.

23. Payment must be made by credit card, debit card or PayPal at the time of placing an order which is accepted by us. Payment in full will be taken at this time and a contract will be in force.

24. You warrant that all details provided to us for the purpose of your order and its delivery will be correct and;

25. that the chosen method of payment is our property and that sufficient funds or credit facilities are available to cover the full cost of the Products ordered. We reserve the right to obtain validation of your credit card, debit card or PayPal details before accepting your order.

Cancellation

26. You may cancel your account by contacting us 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 at our sole discretion.

28. Once an order for a Product has been placed by you, you have confirmed the order and the order has been printed, you may not cancel the order. This does not affect your statutory rights as a consumer.

Limitation of liability

29. The Services are provided on an “as is” and “as available” basis. Zappie Kids Limited 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. Zappie Kids Limited 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 Zappie Kids Limited – accordingly, Zappie Kids Limited cannot accept any responsibility or liability for any failure of your mobile network, or any losses or damage suffered as a result

30. Zappie Kids Limited 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 Zappie Kids Limited

31. We will not be liable for faulty goods unless a claim is notified to us in writing within 28 days of receipt of Products, or in the case of non-delivery, within a reasonable time after the Products were expected to arrive. The notification must include the order confirmation number and details of the claim. In the case of a valid claim, we may, at our sole discretion, replace the Products (or the part in question) or refund to you the price paid for the Products (or an appropriate proportion of the price). We will have no further liability to you in respect of the matters referred to in this clause.

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 Zappie Kids Limited, 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.

Computer viruses

37. 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.

Severability

38. 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

39. 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

40. 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
41. Without prejudice to any other rights or remedies, Zappie Kids Limited 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 Zappie Kids Limited 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. Zappie Kids Limited 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.