TERMS AND CONDITIONS

Version number: 1.0.2

Effective date: 22/07/2021

• Who we are 
  • We are Bespoke Booth Ltd. Our company information is at the end of this document. 

• What this is all about
  • These are our terms and conditions which apply to our Service (explained below). We’ve tried to make them user-friendly. Please read them carefully and save a copy as we don’t file a copy specifically for the transaction with you. They’re available in English only.

• Some definitions
  • Here are some definitions which are used in this document (all capitalised): 
    • “Content” – all information of whatever kind displayed on or sent through our Service including Digital Assets.
    • “Digital Assets” – the digital assets that we make available for download via 
    • “Service” – the service we offer by means of our website and any related services.
    • “User” – people or organisations using our Service (whether or not registered with us).

• How you enter a legal contract with us 
  • By registering on our website, you enter a legal contract with us to use our Service. 

• • By browsing any part of our Service that does not require registration/payment, you are also bound by these terms to the extent they are relevant.

• Changing these terms and conditions
  • We may change these terms and conditions by giving you at least 14 days’ notice unless a more urgent change is needed to comply with laws or regulations or to deal with an unforeseen and imminent danger. We will notify you by posting the new version on our website and, if the changes are important, by email. 

• • If you don’t agree to the new terms, you should end this contract as explained below before the new terms take effect. Otherwise, the new terms will apply.

• Who can use our Service?
  • Our Service is aimed at businesses. You must not use, or attempt to register on, our Service if you are a consumer, i.e., if you are acting privately. 

• Behaviour when using our Service
  • You agree not to do any of the following in connection with our Service:
    • break the law or infringe anyone else’s rights;
    • use our Service with a view to competing with us or infringing our rights;
    • disrupt our Service, e.g., spam, viruses or phishing;
    • interfere with or damage our Service or gain unauthorised access to any part of our system, data, passwords or otherwise; 
    • intercept or modify communications;
    • impose an unreasonable load on our Service;
    • get around any security features including those designed to stop copying of Content; or
    • attempt, encourage or assist any of the above.

• • You agree to:
    • comply with the guidance/requirements on our Service; 
    • provide information that we reasonably request to enable us to provide our Service; and 
    • ensure that any contact or other information that you supply to us is accurate and not misleading and you will tell us if there are any important changes. 

• Other peoples’ services / advertising / websites
  • We may display other peoples’ services, advertising and /or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these.  You use them at your own risk.

• • You agree that you are legally bound by the terms and conditions of any payment providers whose services you use on our Service. We aren’t responsible for what they do or don’t do.

• Our guidance
  • If we ourselves provide any guidance or other general information on or via our Service, we do not guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.

• If you create an account on our Service
  • Unless otherwise specifically stated on our Service, your account is for your personal use only. You must not allow any other person to use your account unless we specifically say otherwise. You agree to take reasonable care to keep your login information confidential and to tell us immediately of any apparent breach of security such as loss or misuse of a password.   You are responsible for other people who use your account or identity (unless and to the extent that we are at fault).

• Paying us 
  • Payment is in advance on subscription. Prices, subscription periods and payment methods are as explained on our Service. The prices shown exclude any applicable VAT or other sales tax  unless we say otherwise. 

• • You are legally committed to make your subscription payment once we confirm your order.

• • If we have mis-priced any part of our Service, we are not obliged to supply the Service at that price provided we notify you. If we do notify you, then you can decide if you want to continue with the Service at the correct price.

• • Where stated on our Service when you subscribed, your subscription will continue to be auto-renewed for the same subscription period which you signed up to unless you end your subscription before the renewal date by following the instructions on our Service.  Ending your subscription does not entitle you to a refund (unless you qualify for a refund in accordance with any refund offer on our website). You authorise us and our payment provider to charge your payment card for the relevant amounts or otherwise take payment whenever payments are due in accordance with this agreement. It is your responsibility to update your payment card details as necessary.

• • We may at any time change our subscription prices for existing subscribers (excluding lifetime subscriptions). We will give you notice by email at least one month before any price change takes effect. If you do not accept the new price, you should end your subscription by following the instructions on our Service. Otherwise, the next renewal of your subscription after the one month’s notice will be at the new price. 

• • You must contact us immediately with full details if you dispute any payment. 

• • You must make all payments without any set-off, counterclaim or any other deduction.

• • If any amount due to us is unpaid (including unjustifiable chargeback), without prejudice to any other remedy that may be available to us, we may charge you: (1) a reasonable additional administration fee; (2) the amount of any third party charges imposed on us; and/or (3) interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998. 

• About discount codes
  • We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 12 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion. 

• • We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue.  We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.

• Support 
  • The Service includes support only if we specifically say so within the Service and, if so, by the specified contact methods. Any support service is only intended to address configuration and proper use of, or any errors or interruptions arising from, our Service. 

• • Unless otherwise stated, we do not guarantee any particular response times or outcomes. Any response times given are English business hours/days unless we say otherwise.

• • In any event, we aren’t obliged to supply support if you owe us any money or have otherwise broken this contract. 

• Ending or suspending this contract
  • You may at any time end this contract with effect from the end of your current subscription period (if you are on a periodic subscription) by cancelling your subscription or, if you want to end the contract sooner, by emailing us to the address shown below. (This doesn’t entitle you to a refund unless you qualify for a refund in accordance with any refund offer on our website.)

• • We are entitled at any time to end this contract or suspend part or all of our Service or impose restrictions on our Service if:
    • you break this contract;
    • you become bankrupt or go into liquidation or similar or become insolvent;
    • any fees payable by you are unpaid / unjustifiably charged back; 
    • acting reasonably, we think that it is necessary to protect you, us or others; 
    • we are required to do so by applicable law or regulation or to comply with an order, instruction or request from a competent authority; or
    • you or anyone on your behalf acts inappropriately towards our staff.

• • We are entitled at any time to end this contract if we terminate our Service as a whole if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.

• • If this contract ends: 
    • Your right to use our Service and all licences are terminated. 
    • Existing rights and liabilities are unaffected. 
    • All clauses in this contract which are stated or intended to continue after termination will continue to apply. 

• If our Service doesn’t work properly
  • We do not guarantee that the Service will be uninterrupted or error-free. We are entitled, without notice and without liability (a) to suspend the Service for repair, maintenance, improvement or other technical reason and (b) to make changes to the Service.  

• • You acknowledge that technology is not always secure and you accept the risks inherent in use of the Internet or other technology for the purpose of the Service.

• Restrictions on our legal responsibility – very important
  • Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.

• • Our liability of any kind (including our own negligence) for any act or omissions or series of connected acts or omissions is limited to the total fees paid or payable by you to us in connection with our Service in the 12 months before the first act or omission complained of or, if you are lifetime subscriber, the amount of your lifetime subscription.

• • In no event (including our own negligence) will we be liable for any:
    • economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
    • loss of goodwill or reputation; 
    • special, indirect or consequential losses; or
    • damage to or loss of data

(even if we have been advised of the possibility of such losses).

• • You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.

• • To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. 

• • This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded. 

• Intellectual property rights in Digital Assets and other Content – very important
  • The intellectual property rights in all Content (including Digital Assets) used on or in connection with our Service are owned by us or our partners.

• • Provided you have complied with this contract and paid all fees due to us, we license you to use the downloaded Digital Assets only as part of your normal provision of photobooth products and services to your customers. As regards our other Content, we license you to view this on your device for your internal business use only. 

• • Unless we specifically permit you in writing, you agree:
    • not to distribute the Digital Assets (or any part) themselves including sending, transferring or otherwise making available any files comprising Digital Assets to any other person or entity, even if connected with you, e.g., another company in your group or a franchisee;
    • if the Digital Assets are editable files (as opposed to finished/rendered versions), not to incorporate the files themselves (or any part) into your products or services;
    • to take reasonable steps to ensure that customers, end users and others do not extract any Digital Asset (or any part) from your products or services or otherwise use it separately,  
    • not to use our Content in any way that we have not specifically permitted you above including copying, publishing, selling, renting, distributing or sub-licensing it or modifying, adapting it or taking extracts from it; and
    • not to misrepresent the ownership or source of our Content, for example by changing or removing any legal notices or author attributions.

• • Just to be clear – you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent. 

• Your personal information – see our privacy policy
  • You agree that we can deal with your personal information in accordance with our Privacy Policy which may change from time to time.

• Things we can’t control
  • We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.

• Transferring this contract to someone else
  • We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

• English law and courts   
  • This contract is under English law and any disputes will be decided only by the courts of the United Kingdom.  

• General but important information
  • We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.

• Company information
  • Company name: Bespoke Booth Ltd
  • Trading name: “Bespoke Booth”
  • Country of incorporation: England and Wales
  • Registered number: 12850612
  • VAT number: 388 1433 72
  • Registered office: 71-75 Shelton Street, London, WC2H 9JQ, UK
  • Contact address: 56 Chalky Bank Road, Rainham, Kent, ME8 7NP, UK
  • Contact email address: [email protected]
  • Other contact information: See our website/contact page