TERMS AND CONDITIONS
These Terms and Conditions must be read in conjunction with our Privacy and Security Policy Statement . If you do not accept the Terms and Conditions you should exit and uninstall this application. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS APPLICATION.
Whereas Pogopost Limited has been appointed by "Victoria and Albert Museum" to be the provider of services in connection with this Postcard on Demand service including the selection of image ordering purchasing and payment on-line through this application and is acting as their appointee in respect of this service the following Terms and Conditions apply.
By using this application, and any other application or site accessible from this application "you" the User accept without limitation the Terms and Conditions "Terms" of Pogopost Limited "we, us our" set out herein together with any terms and conditions that may be set out by Victoria and Albert Museum and any additional terms and conditions set out on any other related site or in connection with any promotion or service within such sites.
If you do not accept these Terms and Conditions you should exit and uninstall this application.
Pogopost Limited is registered in England No. 08695823 and its principal office is located at Suite 2, Beechwood House, 5 Arlington Court, Whittle Way, Stevenage, SG1 2FS. email@example.com
OWNERSHIP OF THE APPLICATION
This application and all content including but not limited to its design text graphics selection and arrangement is either our Copyright © or that of Victoria and Albert Museum as appropriate and the trade marks ™ and trade names depicted are proprietary to us or Victoria and Albert Museum as appropriate. You must not copy, modify or reproduce any third party images, trademarks and brands or other materials contained in the application (including, for the avoidance of doubt, any Victoria and Albert Museum logo or trademark) in any manner.
Use of any material contained on this application is strictly prohibited for use on any other application or Internet site.
Any link established with this application shall not permit you to use our or third party content names logos images or trademarks unless separately agreed to in writing by the relevant rights-holder.
When this application contains links to other sites we have provided such links for your convenience only and are not responsible for the content of any such site linked to or from this application and we disclaim all warranties express or implied as to the accuracy legality reliability or validity of any content on any other site.
This application and its contents are provided without any representations or warranties of any kind either express or implied. We disclaim all representations and warranties including by way of example but not limitation as to fitness for a particular purpose to the fullest extent permitted by applicable laws.
We do not represent or warrant that the information and/or facilities accessible via this application are accurate complete or current or that this application will be free of defects including, but not limited to viruses or other harmful elements.
You the user assume all costs arising as a result of the use of this application.
You are granted a limited licence to download this application (including any application software or materials contained in the application) to a device for the purpose of selecting your requirements for processing through our on-line purchase system.
Any other uses of this application (including any or all software and the materials on this application) including reproduction modification distribution or republication is strictly prohibited and is a violation of our (or, as the case may be, our supplier’s or the Victoria and Albert Museum’s) proprietary rights.
We and as the case may be Victoria and Albert Museum suppliers, our suppliers, Victoria and Albert Museum and Licensors retain all right title interest and intellectual property rights. You may not distribute sell or transmit any material and you are not permitted to alter modify or adapt the material including but not limited to translating decompiling reverse engineering or creating derivative works of the software and all copyright trade mark and other proprietary notices displayed on any item must remain intact.
ORDER RECEIPT AND PROCESSING
All orders are subject to these Terms and we will attempt only to offer those items and services that are readily available at the time of order but acceptance of order will be subject to availability. All steps during the order process are intended to be simple and give you the opportunity to change amend delete or correct all or any part of your order requirements. Any specific conditions for acceptance of order and delivery will be indicated on the relevant page or section of the service. On placing an order you authorise us to transmit and update information about you so that we can process your order – always in accordance with our Privacy and Security Policy and Statement. All information and details provided by you must be true accurate complete and up to date. No contract shall exist between you and us until we confirm acceptance of your order by email. We do not store financial details (credit or debit card numbers).
PRICING AND DELIVERY
All prices stated are in pounds sterling. Where an inadvertent error arises in any stated price we reserve the right to correct such and will offer you the opportunity to cancel your order or proceed at the correct price. The relevant charge for delivery will be added to your order at the checkout page. The total charge for your order will be indicated on the relevant Debit or Credit Card statement used by you.
We will arrange delivery to any UK Postal area including Northern Ireland and the Channel Islands and any overseas location within the range of our appointed International Carrier. We will deliver only to a permanent address given to us at time of order and you should note we cannot accept PO Box numbers Hotels Temporary or Accommodation addresses. Delivery Times stated are our best estimate at the time of order and maybe subject to matters outside of our control. We will advise you by email of the dispatch date and if delivery fails to arrive within 7 - 10 days after that date you should contact our Customer Services Team at: firstname.lastname@example.org stating Order Number your name and delivery address.
At Pogopost, we always try to send your products in perfect condition. However, in the event that a postcard is faulty, or it is damaged in delivery or is the wrong item, we ask you to contact us to let us know of the problem as soon as possible. We will then advise you on whether you are eligible for a refund or replacement. Any refunds granted will be credited to your Victoria and Albert Museum Postcards account.
All postcard prints are reproduced to order. Each order is sent to print 2 hours after being placed. We can often intercept orders after 2 hours have passed, but we can only guarantee a full refund if you contact us within 2 hours of placing your order. Any refunds granted will be credited to your Victoria and Albert Museum Postcards account.
To cancel an order you should contact our Customer Services Team at email@example.com stating Order Number your name and delivery address.
Pogopost Limited will review all images and messages uploaded by you to ensure that those images and messages are suitable to be printed on postcards carrying the Victoria and Albert Museum name.
You are not allowed to upload and order printed items that use any images that contain any material that is defamatory of any person, offensive, indecent, obscene, pornographic, discriminatory, infringes any copyright or other third party rights, is threatening or abusive. We may at our discretion cancel any order that contains any such image and will refund the order amount to your Victoria and Albert Museum Postcards account.
Subject to this clause we will indemnify you for your reasonable costs and all damages awarded under any final judgment by a court of competent jurisdiction or agreed by us in final settlement to the extent that the Software used for this application infringes the copyright or intellectual property rights of any third party provided that you make no statement prejudicial to us and such infringement is not caused by or contributed to by your acts other than use in accordance with these terms and we are promptly notified in writing of the claim details and we have sole control of the defence of such claim and all related settlement negotiations and you give us all reasonable assistance at our expense in connection with it.
You retain all rights in all those images that you have uploaded to the service. You agree that we can share the images that you upload to the service with Victoria and Albert Museum to enable them to monitor the service provided by us. We will not use images uploaded by you to the service other than to provide the services without your prior written consent. We or the Victoria and Albert Museum may contact you from time to time in order to obtain such consent.
The Victoria and Albert Museum retains all rights in all Victoria and Albert Museum Photo Library images contained within the Application or used on any postcards or any other material produced in connection with the service provided by us. You must not copy, modify or reproduce any such images in any manner.
You agree to indemnify, defend and hold us and all our directors officers employees information providers, Victoria and Albert Museum licensors and partners "the Indemnified Parties" harmless from and against any and all liability and costs including without limitation legal fees and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms. You will co-operate as fully as reasonably required by us in our defence of any claim. We reserve the right at our expense to assume the exclusive defence and control of any matter and you shall not in any event settle any matter without our written consent. Those who choose to access this application do so at their own risk and are responsible for compliance with all local laws to the extent any such local laws are applicable.
You agree to indemnify us against any action, claim, damages, liability, costs and expenses arising out of any claim that the processing and printing of images uploaded by you or on your behalf is an infringement of any third party's copyright, trade mark or other intellectual property rights.
SUSPENSION AND TERMINATION OF SERVICE
Without prejudice to these terms and conditions we may suspend or discontinue this application and service or your access to the same or any other site at any time with or without cause and with or without notice.
Additionally by using this application you accept that the Internet uses elements and relies upon services input and facilities which are not within our control or that of Victoria and Albert Museum, our Licensors Information Providers and if we or they are totally or partially prevented or delayed in the performance of any of our or their obligations in providing a particular service such a situation will constitute force majeure and we or they shall be excused the performance for so long as such a situation endures.
We reserve the right to suspend or terminate any use by you of this application where it appears to us that your use is in breach of these Terms including the provision of false registration details or other misuse of the services offered through this application and we may pursue any other remedy legally available to us if you fail to comply with any of your obligations contained in these Terms.
LIMITATION OF LIABILITY
As permitted by applicable laws neither us or any of our directors employees affiliates, Victoria and Albert Museum, Information Providers or other representatives will be liable for loss or damages arising out of or in connection with the use of or inability to use the materials in or facilities or services offered on this application including but not limited to indirect or consequential loss or damages loss of data income profit or loss of or damage to property and claims of third parties even if we have been advised of the possibility of such loss or damages or such loss or damages were reasonably foreseeable.
Any waiver of any provision of these Terms must be in writing signed by us to be valid. A waiver of any provision herein shall not operate as a waiver of any other provision or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court's finding without affecting the validity and enforceability of any remaining provisions.
These Terms represent the entire understanding and agreement between the parties relating to the subject matter herein and supersede any prior understandings or agreements.
AMENDMENT TO THESE TERMS AND CONDITIONS
We may add to change or remove any part of these Terms at any time and any changes to these Terms or any terms shown on this application apply as soon as they are shown and by continuing to use this application after any changes are displayed you indicate your acceptance of those changes.