Terms of Service
Moogi Media Sp. z o.o.
Al. Jana Pawła II 27
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: firstname.lastname@example.org
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 upload digital images to the App or Website;
b. the ability to order postcards on which we can print images that have been uploaded to the App or Website; and
- Only persons aged 16 years or over may access the Website and use the services offered by us.
Licence to use the Services
- Subject to your compliance with the terms and condition of this Agreement, Postcard.to hereby grants you a limited, 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
- 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).
- There is no charge for opening a Postcard.to 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 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.
- 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.
- 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
- You may upload digital images when using the Services or otherwise use digital images in connection with the Services.
- Although we prohibit the uploading of certain types of image to the Services, we cannot control, nor do we comprehensively monitor the use of the Services. 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 email@example.com TODO
- 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.
- We may refuse to provide any services to anyone who breaches these Terms
You agree to indemnify us and our officers and employees and the Promoter against any action, claim, damages, liability, costs and expenses arising out of:
a. any use by you of the Services or any Equivalent Service in breach of these Terms,
b. any claim that the uploading or emailing of any images by you or on your behalf is an infringement of any third party's copyright, trade mark or other intellectual property rights; or
c. any claim that the processing, printing or other dealing by us of any 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 Not Allowed To Do
- 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 Servi
You are not allowed to upload or order printed items which contain or use any images or other material including text based annotations and comments, which contain any of the following:
- material which is defamatory of any person;
- material which is pornographic, obscene, indecent or offensive;
- material which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- material that is likely to incite hatred or violence against any person or group;
- material that is likely to deceive any person;
- material which concerns or relates to any criminal act;
- material the use or inclusion of which infringes any copyright, trademark, database or other intellectual property right of any third party;
- 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;
- material which is threatening, abusive or invades another’s privacy, causes annoyance, inconvenience or needless anxiety;
- material which is likely to harass, upset, embarrass, alarm or annoy any other person;
- material used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- material which gives the impression that it emanates from us, if this is not the case;
- material that advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse;
- material that breaches any applicable laws or legislation; or
- material that contravenes any International Olympic Committee (“IOC”) guidelines.
- 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.
- 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.
- You warrant 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.
- 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.
Privacy and Data Protection
- 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 may be provided by email.
- The decision as to whether to accept any order from you is at our sole discretion.
- 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. We may, at our sole discretion, refund all or a proportion of the payment made in respect of the order concerned but reserve the right to charge in full as if the Products had been dispatched.
- 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
- If you pay to use the Services, any price stated (if at all) will include all taxes if applicable.
- 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.
- You warrant that all details provided to us for the purpose of your order and its delivery will be correct and;
- 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.
- You may cancel your account by contacting 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.
- We may cancel your account without notice at our sole discretion.
- 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.
- 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. Once an order has been printed we are unable to provide you with a refund if you change your mind about your order. This does not affect your statutory rights as a consumer.
Limitation of Liability
- The Services are provided on an "as is" and "as available" basis. Postcard.to 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. Postcard.to 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 Postcard.to – accordingly, Postcard.to cannot accept any responsibility or liability for any failure of your mobile network, or any losses or damage suffered as a result
- 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.
- 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.
- 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.
Law and Jurisdiction
- These Terms (and the provision of Products by us) are governed by and to be interpreted in accordance with Polish 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 Polish 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.
- Without prejudice to any other rights or remedies, Postcard.to 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 Postcard.to 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. Postcard.to 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.