Terms & Conditions - Build a Booth

Terms and Conditions

The Boring Bit!

What’s in these terms?

These terms tell you the rules for using our website www.buildaboothapp.com (our site).

• Definitions and interpretation
• These terms
• Information about us and how to contact us.
• Terms of use.
• Acceptable use policy.
• Our services.
• Use of services.
• Providing the services.
• Your warranties and indemnities.
• Our rights.
• Charges & payments.
• If there is a problem with the services.
• Monitoring.
• Gallery lifetime.
• Limitation of liability and indemnity.
• How we may use your personal information.
• Other important terms.

Our terms

1. DEFINITIONS AND INTERPRETATION

1.1 The following definitions shall apply to these terms and conditions:

Content Standards has the meaning set out in clause 5.4.

Services means the Build A Booth App (BUILD A BOOTH) cloud-based solutions as available for purchase through our site. Our Services are always subject to change in line with developing technologies and we regularly introduce new and exciting product offerings so please keep checking our site for any updates.

Build A Booth applications licensed and operated by Build A Booth Limited, a company registered in England and Wales. Our company registration number is 12104374 and our registered office is at 1 Acorn Business Park, Heaton Lane, Stockport, United Kingdom, SK4 1AS.

References to “we”, “us” and “our” shall be construed accordingly.

1.2 Unless the context otherwise requires, references to ‘terms’, ‘conditions’, ‘terms and conditions or ‘these terms’ shall mean these terms and conditions.

1.3 Unless the context otherwise requires, references to Services as defined above shall be to the services offered by us only.

1.4 Clause and paragraph headings shall not affect the interpretation of these terms.

1.5 Unless the context otherwise requires, words in the singular shall include the plural and the plural shall include the singular.

1.6 Any words following the terms including, include, in particular, for example, or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

2. THESE TERMS

2.1 What these terms cover. These are the terms and conditions on which we supply Services to you through our site.

2.2 Why you should read them. Please read these terms carefully before using our Services. These terms tell you who we are, how we will provide Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2.3 Acceptance of terms. By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our Services. In addition to these terms of use, in the event that you choose to make use of the BUILD A BOOTH applications, you will also be bound by the terms of our End User License Agreement (EULA) We recommend that you print a copy of these terms and our EULA for future reference.

2.4 Additional terms. These terms of use refer to the following additional terms, which also apply to your use of our site and use of our Services:

2.4.1 Our EULA and

2.4.2 Our Privacy Policy. See further under How we may use your personal information.

3. INFORMATION ABOUT US AND HOW TO CONTACT US

3.1 Who we are. We are Build A Booth Limited a company registered in England and Wales. Our company registration number is 12104374 and our registered office is at 1 Acorn Business Park, Heaton Lane, Stockport, United Kingdom, SK4 1AS.

3.2 How to contact us. You can contact us by emailing us at hello@buildaboothapp.com

3.3 How we may contact you. If we have to contact you for any reason we will do so by telephone, SMS text message, WhatsApp, through our site or by writing to you at the email address or postal address you have provided to us.

3.4 “Writing” includes emails and messages. When we use the words “writing” or “written” in these terms, this includes emails, SMS text messages and WhatsApp messages.

3.5 Response times. We will endeavour to respond to emails received from you within 48 hours of receipt but will not accept any liability in the event that we are unable to respond within this timeframe.

4. TERMS OF USE

4.1 Account. In order to use our Services through the Build a Booth app, you must register for and maintain an active account (“Account”). In order to register for an Account, you will be required to provide certain personal information and data which will include (but shall not be limited to):

4.1.1 your name;

4.1.2 your date of birth;

4.1.3 your residential address;

4.1.4 your contact details; and

4.1.5 your payment details.

You undertake and warrant to keep all personal information and data provided to us up to date, complete and accurate. You agree to maintain accurate, complete, and up-to-date information in your Account.

4.2 Age Restrictions. The Services are not intended for use by, and shall not be available to, persons under the age of 16

4.3 You must keep your account details safe. If you choose, or you are provided with, a username, user identification code, password or any other piece of information as part of our security procedures or in respect of your Account, you must treat such information as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@buildaboothapp.com

4.4 Third-party use. You may not under any circumstances authorise third parties to use your Account.

4.5 Consent to receive communications. In using our site and/or in registering and operating an Account, you hereby agree that pursuant and ancillary to the Services we may send you communications (by telephone, email, SMS text message, WhatsApp, through our site or otherwise) as part of the day-to-day operation of the business. You will be asked to opt-in to receive communications and will only receive communications if you have opted-in. You may opt-out of receiving communications at any time but accept that in doing so this may greatly restrict and impact your use of the Services. If you have not opted-in to receive communications, it is your responsibility to check and maintain awareness of all aspects of the Services that may otherwise be notified to you through communications.

4.6 Right to disable, suspend or delete. We have the right to disable, suspend or delete your Account or any part thereof, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

4.7 How you may use material. We are the owner or the licensee of all intellectual property rights on our site, on our Services, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the content on our site or our Services for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site or our Services in breach of these terms of use, your right to use our site and our Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

4.8 No modification of materials. You must not modify any materials in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics.

4.9 Our status. Our status (and that of any identified contributors) as the authors of content on our site and on our Services must always be acknowledged.

4.10 Do not rely on images or information on our site or on our Services. Although we make reasonable efforts to update the information on our site and on our Services, we make no representations, warranties or guarantees, whether express or implied, that the content on our site or on our Services is accurate, complete or up to date. Images are not to scale and the actual size of products shown may vary from the images.

4.11 We are not responsible for websites we link to. Where our site or our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

4.12 Uploading content. Whenever you make use of a feature that allows you to upload content, or to make contact with other users, you must comply with these terms and the Content Standards set out in our Acceptable Use Policy in clause 5. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

4.13 Confidentiality of content and material you upload. Any content you upload will be considered non-confidential and non-proprietary.

4.14 Rights in material you upload. When you upload or post content to our Services, you retain all of your ownership rights in your content, but you grant to us full rights and a royalty-free licence to use, store and copy that content and to distribute and make it available to third parties. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you constitutes a violation of their intellectual property rights, or of their right to privacy.

4.15 Right to remove. We have the right to remove any posting you make if, in our sole and absolute discretion, we believe your post does not comply with the Content Standards set out in our Acceptable Use Policy in clause 5.

4.16 Backing up and storing content. You are solely responsible for securing and backing up your content. We do not store terrorist content.

4.17 Not responsible for viruses. We do not guarantee that our site or our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site and our Services. You should use your own virus protection software. You must not misuse our site or our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site or our Services, the server on which our site and our Services are stored or any server, computer or database connected to our site or our Services. You must not attack our site or our Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site and our Services will cease immediately.

4.18 Rules about linking to our site and our Services. You may link to our site and our Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site or our Services in any website or application that is not owned by you. We reserve the right to withdraw linking permission without notice. Any website or application in which you are linking must comply in all respects with our Content Standards and our Acceptable Use Policy in clause 5.

4.19 User-generated content is not approved by us. Our Services include information and materials uploaded by other users. This information and these materials have not been verified or approved by us. The views expressed by other users on our Services do not represent our views or values.

5. ACCEPTABLE USE POLICY

5.1 Acceptable uses. You may use the site and our Services:

5.1.1 to browse our site, content and products;

5.1.2 to create and operate your Account;

5.1.3 To make legitimate purchases; and

5.1.4 to communicate with us and engage us.

5.2 Prohibited uses. You may use our site and our Services only for lawful purposes. You may not use our site or our Services:

5.2.1 in any way that breaches any applicable local, national or international law or regulation;

5.2.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

5.2.3 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

5.2.4 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;

5.2.5 for the purposes of re-engineering or reverse engineering any BUILD A BOOTH products, applications, software or solutions;

5.2.6 for the purposes of manipulating or altering in any way any BUILD A BOOTH products, applications, software or solutions for any reason; or

5.2.7 for any other reason not stated to be an acceptable use in clause 5.1.

5.3 You also agree:

5.3.1 not to reproduce, duplicate, copy or re-sell any part of our site or our Services in contravention of the provisions of our terms; and

5.3.2 not to access without authority, interfere with, damage or disrupt:

5.3.2.1 any part of our site or our Services;

5.3.2.2 any equipment or network on which our site or our Services are stored;

5.3.2.3 any software used in the provision of our site or our Services; or

5.3.2.4 any equipment or network or software owned or used by any third party.

5.4 Content standards. These Content Standards apply to any and all material which you contribute to our Services (Contribution), and to any interactive services associated with it. The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole. We will determine, in our absolute discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

5.4.1 be accurate (where it states facts);

5.4.2 be genuinely held (where it states opinions); and

5.4.3 comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

5.4.4 be defamatory of any person;

5.4.5 be obscene, offensive, hateful or inflammatory;

5.4.6 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

5.4.7 infringe any copyright, database right or trade mark of any other person;

5.4.8 be likely to deceive any person;

5.4.9 breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

5.4.10 promote any illegal activity;

5.4.11 be in contempt of court;

5.4.12 be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

5.4.13 impersonate any person, or misrepresent your identity or affiliation with any person;

5.4.14 give the impression that the Contribution emanates from Build A Booth, if this is not the case;

5.4.15 advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse; or

5.4.16 contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducements to the commission, preparation or instigation of acts of terrorism.

6. OUR SERVICES

6.1 Our services. We provide services relating to cloud-based photo booth solutions. The Services include:

6.1.1 the BUILD A BOOTH application.

6.1.2 any other services available for purchase through our site from time to time

6.2 Locations. Our Services are available in most jurisdictions and states. We do not represent that content available on or through our Services is appropriate for use in locations outside of the UK and any use of our Services is always subject to the local, national or international laws or regulations subsisting from time to time in the jurisdiction or state in which they are being used and such laws and regulations must be complied with.

7. USE OF SERVICES

7.1 Your liability. You will be solely liable and accountable to us and any local authorities, law enforcement bodies or any other competent authority for all matters taking place in respect of, and relating to, your Account and your use of our site and the Services.

7.2 Use of Account. You may use your Account to carry out the following in accordance with our Acceptable Use Policy set out in clause 5:

• browse content on our site;

• make purchases through our site;

• set up events; and

• communicate with us and engage us.

8. PROVIDING THE SERVICES

8.1 When the Services will be provided. The Services will be provided in accordance with timescales as set out on our site, in our EULA or as agreed in communications between us (so far as is possible).

8.2 We are not responsible for delays outside our control. If the supply of the Services is delayed by an event outside our control, we will not be liable for delays caused by the event.

8.3 What will happen if you do not give the required information to us. We may need certain information from you so that we can supply the Services to you. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract, suspend or delete your account, or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for the Services (or any part of them) not being supplied if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.

8.4 Reasons we may suspend the supply of Services to you. We may have to suspend the supply of Services to:

8.4.1 deal with technical problems or make minor technical changes;

8.4.2 update the Services to reflect changes in relevant laws and regulatory requirements;

8.4.3 make changes to the Services.

8.5 We may suspend the supply of the Services if you do not pay. If you do not make payment to us for any purchase or Services supplied when you are supposed to, we may suspend the supply of the Services until you have paid us the outstanding amounts.

9. YOUR WARRANTIES AND INDEMNITIES

9.1 Warranties. You warrant that:

9.1.1 You will only use our Services for lawful purposes;

9.1.2 You will not breach these terms in whole or in part in any manner whatsoever;

9.1.3 You are over the age of 16 and are of legal adult age as defined by the laws of the UK;

9.1.4 You will not abuse the Services in any manner whatsoever and will at all times maintain the expected standards of behaviour of a reasonable consumer; and

9.1.5 All information, details, content and materials provided by you to us or uploaded onto our Services (including on registration of your Account), are true, accurate and up to date in all respects and at all times and no images or videos uploaded are misleading in any respect.

9.2 Indemnity. You warrant that you shall indemnify us in respect of all costs, fees, expenses and losses (including, but not limited to, loss of profits) incurred or arising from any breach by you of the warranties given in clause 9.1 of these terms or any breach of any other term of these terms.

10. OUR RIGHTS

10.1 We may make changes to these terms. We amend these terms from time to time. Every time you wish to use our site or our Services, please check these terms to ensure you understand the terms that apply at that time.

10.2 We may make changes to our site or our Services. We may update and change our site and/or our Services from time to time to reflect changes to our Services, our users’ needs and our business priorities.

10.3 We may suspend or withdraw our site or our Services. Our site and our Services are made available free of charge. We do not guarantee that our site or our Services, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site or our Services for business and operational reasons at any time.

10.4 Cancellation. Notwithstanding any other provision of these terms and/or the EULA, we reserve the right to cancel any transaction between us for the any of the following reasons:

10.4.1 any failure by you to strictly adhere to these terms;

10.4.2 any failure by you to strictly adhere to the terms of the EULA;

10.4.3 insufficient stock levels of sufficient quality; or

10.4.4 incorrect pricing.

In the event that we cancel an order, you will be entitled to a full refund up to a maximum of any sums paid to us in relation to the order cancelled. No further sums or compensation will be paid to you under any circumstances.

11. CHARGES, PAYMENTS & RETURNS

11.1 When you must pay and how you must pay. We only accept payments via our website or thorugh In-App market stores. All payments must be made in full immediately on request at checkout before an order can be accepted and processed. Once your order has been accepted and confirmed by us, a legally binding contract is automatically entered into between us and you on the basis of these terms and our EULA.

11.2 Charges. You understand that use of the Services may result in charges to you for the services you receive (“Charges”). So far as is possible, we will always endeavour to ensure that our Charges are highlighted and communicated to you prior to such Charges being incurred. Notwithstanding, you will be responsible for Charges incurred by you regardless of your awareness of such Charges or the amounts thereof.

11.3 Pricing. All of our prices are indicated in UK Pounds (£) and all payments and transactions will be processed in UK Pounds (£).

11.4 Right to remove or revise Charges. We reserve the right to establish, remove and/or revise Charges at any time in our sole and absolute discretion.

11.5 Promotional Codes. We may occasionally offer promotional discount codes which may apply to specific items or Services. Any promotional codes may only be used as indicated on full-priced items and cannot be used in conjunction with any other offer or discount.

11.6 Tax. You are responsible for making payment of all and any tax charges incurred or arising out of your use of the Services. We are not responsible in any manner whatsoever for the payment of any such tax charges.

11.7 Refund/Return Policy. Subject to clause 10.4, to the extent that you purchase any hardware, software and/or other products through our site, please note that returns will only be considered if the Build a Booth podium has not started to be assembled and the adhesive tape is still intact. In relation to the Build a Booth app, no refunds will be given once you have created your first event and taken a picture. You specifically acknowledge and agree that we shall be under no obligation whatsoever to compensate you in any manner whatsoever for any losses, damages and/or disappointment suffered by you through the use of the hardware, software and/or other products purchased by you through our site and/or as a result of your inability to use the hardware, software and/or other products purchased by you through our site for any reason whatsoever.

12. IF THERE IS A PROBLEM WITH THE SERVICES

12.1 How to tell us about problems. If you have any questions or complaints about our site or the Services and/or any products, please contact us by emailing us at support@buildaboothapp.com

13. MONITORING

13.1 Monitoring. We reserve the right (but shall have no obligation) to monitor any activity and/or content associated in any way with our site and/or the Services.

13.2 Investigations and reporting. We reserve the right to:

13.2.1 investigate and report to the appropriate authorities any violation of these terms and/or the EULA;

13.2.2 investigate and report to the appropriate authorities any complaints received regarding any customer’s/user’s use of:

13.2.2.1 any BUILDABOOTH applications; and

13.2.2.2 any other BUILDABOOTH software, hardware and/or any other products purchased or available to purchase through our site; and

13.2.3 take any action against a customer/user that we may deem appropriate in our sole and absolute discretion, including (but not limited to):

13.2.3.1 issuing a warning;

13.2.3.2 removing materials from our site and/or our Services;

13.2.3.3 suspending, terminating or attaching conditions to such customer’s/user’s access to our site or the Services and/or any other hardware, software and/or other products purchased from us; and

13.2.3.4 taking any other action provided for under these terms or the EULA (whether such action is express of implied).

14. GALLERY LIFETIME

14.1 Gallery Lifetime. Unless otherwise agreed by us in writing, your Build a Booth gallery/images will remain live and available for a period of 30 days once your chosen plan has ended. Upon the expiry of this period, we shall be entitled to permanently delete any and all images, data and/or other information gathered from such events. In the event that any data is kept/stored on our servers it will be anonymized for the sole purpose of statistical analysis. For the avoidance of doubt, we shall be entitled to permanently delete any and all images, data and/or other information gathered prior to the expiry of the Gallery Period in the event that:

14.1.1 you breach any term of these terms or the EULA;

14.1.2 we are required to do so by law or by any competent authority; or

14.1.3 our contract is cancelled or comes to an end for whatever reason.

14.2 Licence Purchases. In the event that you are purchasing a licence to use the BUILD A BOOTH application:

14.3 Limits on photographs/views. Once you have:

14.3.1 taken the maximum number of photographs purchased and paid for; or

we reserve the right (without further recourse to you and irrespective of whether or not such circumstances arise prior to the expiry of the Gallery Period) to disable/suspend your event and/or the gallery until such time as you have purchased further BUILD A BOOTH passes.

15. LIMITATION OF LIABILITY AND INDEMNITY

15.1 Disclaimer. The site and our Services are provided “as is” and “as available” and we disclaim all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the site, the Services or any services requested through the use of the site or the Services, or that the site and the Services will be uninterrupted or error-free. You agree that the entire risk arising out of your use of the site and/or the Services, and any service requested in connection with the Services, remains solely with you, to the maximum extent permitted under applicable law.

15.2 No representations outside the UK. We make no representations that the content of our site or our Services is appropriate in locations outside of the UK. Any users accessing our site or our Services from outside of the UK shall be doing so at their own risk and shall be personally responsible for compliance with their respective domestic laws.

15.3 Our liability. We shall not be liable for any indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the site or the Services and we shall not be liable for any damages, liability or losses arising out of your use of or reliance on the site or the Services or your inability to access or use the site or the Services.

15.4 Further limitation on liability. To the extent permitted by applicable law, we will not be liable to you in any way (whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for:

15.4.1 any theft or loss of your or any other person’s property in connection with the site or the Services or any services provided pursuant or ancillary to the Services;

15.4.2 any loss, damage, costs, expenses or liability suffered by anyone other than you in connection with your use of the site or the Services;

15.4.3 any losses that could not reasonably be expected to result from our negligence or breach of these terms;

15.4.4 any other loss, damage, costs, expenses or liability that you suffer in connection with the site or the Services, save to the extent that we fail to perform our obligations to you to the standard of a diligent and professional provider of the relevant services.

15.5 Limit. In no event shall our total liability to you in connection with the site or the Services exceed the total sums paid by you to us in relation to a specific order.

15.6 No limitation where unlawful. Notwithstanding the above, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

15.7 Indemnity. You agree to indemnify and hold us and our officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees) arising out of or in connection with:

15.7.1 your use of the site and the Services;

15.7.2 your breach of any of these terms; and

15.7.3 your violation of the rights of any third-party.

16. HOW WE MAY USE YOUR PERSONAL INFORMATION

How we may use your personal information. We will only use your personal information and cookies as set out in our Privacy Policy

17. OTHER IMPORTANT TERMS

17.1 We may transfer our rights to someone else. We may transfer our rights and obligations under these terms to another organisation.

17.2 You cannot transfer your rights to someone else. You may not transfer your rights or your obligations under these terms to another person.

17.3 Nobody else has any rights under these terms. These terms are between you and us. No other person shall have any rights to enforce any of these terms.

17.4 If a court finds part of these terms illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

17.5 Even if we delay in enforcing these terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaching these terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

17.6 Which laws apply to these terms and where you may bring legal proceedings. These terms are governed exclusively by English law and you can bring legal proceedings in respect of these terms exclusively in the English courts.