Terms and Conditions of Use

T&Cs are something you’ll find on every company website and ours is no different. If you have any questions, just email us at stefan@kaffelabs.com and we’ll happily explain it.



1 INTRODUCTION

1 These terms and conditions (the “Terms”) govern your access to and use of www.cringemail.com (the “Platform”) and any products and services of whatever nature (whether existing now or in the future) available through the Platform (the “Services”).

2 Please read these Terms carefully before using the Platform. If you do not agree with the Terms, you must not use the Platform. By accessing the Platform, you agree to comply with and to be bound by the Terms, including the Privacy Policy (https://www.cringemail.com/policy/) which sets out how we will use the personal information you provide to us. If there is any conflict between the Privacy Policy and these Terms then the Terms will prevail.

3 The Services, and the Platform, are operated by Kaffee Labs Inc. (“Kaffee Labs”, “we” or “us”).

4 Only persons aged 16 years or over may access the Platform and use the Services and all users of the Services warrant that they are 16 years of age or over.

5 We amend these Terms from time to time and by accessing the Platform, you confirm that you agree to comply with and to be bound by the amended Terms. Every time you wish to use our Platform, please check these Terms to ensure you understand the Terms that apply at that time. We do not separately file the Terms entered into by users of our Platform when they access our Platform. Please make a durable copy of these Terms by printing and/or saving a downloaded copy on your own computer.

6 The original English version of this Agreement may have been translated into other languages. The translated version of this Agreement is a courtesy and office translation only and the Participants cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions of this Agreement or in the event of a conflict, ambiguity, inconsistency or discrepancy between the English version and any other language version of this Agreement, the English language version shall apply and prevail and be conclusive and binding. The English version shall be used in legal proceedings.

7 If you do not agree with any revised version of the Terms, please do not continue to use the Platform. These terms were most recently updated on 01/13/2019.

8 The Services are designed for your convenience. If you have any comments, problems or questions regarding any part of the Services and/or products and services featured in the Services, please send an email to stefan@kaffelabs.com. If you have experienced technical problems while using the Platform please also contact us.



2 LICENSE TO USE THE SERVICES

1 Subject to your compliance with the Terms, and subject to paragraph 5 of these Terms, we hereby grant you a limited, non-exclusive, non-sublicensable, non-assignable, immediately (and without notice) revocable licence to download, install and use the Services on the device on which you install or use the Services for the sole purpose of your personal use of the Services from that device.

2 You agree not to copy, loan, sell, resell, assign, rent, lease, publish, redistribute, license, sublicense or otherwise transfer the Services. You further agree 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).



3 ACCESS TO THE PLATFORM

1 We do not guarantee that our Platform, or any content on it, will always be available or be uninterrupted. We reserve the right at our sole discretion to withdraw or vary the Platform and the Services and/or to suspend or terminate your access to the Platform and the Services at any time without notice and we shall not be liable to you if the Platform or the Services are unavailable, either in whole or part, at any time for any reason whatsoever.

2 Information on the Platform may contain technical inaccuracies or typographical errors. We attempt to make its descriptions as accurate as possible, but we do not warrant that the content on the Platform is accurate, complete, reliable, current, or error-free. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Platform.

3 You may access any part of the Platform provided that it is not password protected. Access to some parts of the Platform

4 UPLOADED CONTENT AND IMAGES

1 You may upload or use digital images when using the Platform or connection with the Platform and the Services which must be in JPEG format. For further guidance and information on images and uploading please visit our help pages (https://www.cringemail.com/faq/).

2 Although we prohibit the uploading of certain types of image to the Platform, we cannot control, nor do we comprehensively monitor the use of the Services. It is possible that images or other material may appear on the Platform or in connection with the Services which are unlawful or offensive and contravene our restrictions on content. 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: stefan@kaffeelabs.com

3 We may at our discretion contact law enforcement authorities if we are made aware that anything unlawful is occurring or has occurred in relation to the use of the Platform or the Services including the uploading or emailing of any images in breach of our restrictions on content. We may provide copies of any relevant images or material to the law enforcement authorities and in that connection may also give them access to any personal data that is held by us.

4 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.

5 By uploading, posting, contributing or including any content or material in a personalised Service, you grant us a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that content or material solely for the purpose of performing obligations and exercising rights under these Terms. Note that we may modify content or material in order to conform it to Cringemail or the requirements of the Service you have ordered (such as by cropping images).

6 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:

6.1 material which is defamatory of any person;

6.2 material which is pornographic, obscene, indecent or offensive;

6.3 material which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

6.4 material that is likely to incite hatred or violence against any person or group;

6.5 material that is likely to deceive any person;

6.6 material which concerns or relates to any criminal act;

6.7 material the use or inclusion of which infringes any copyright, trademark, database or other intellectual property right of any third party;

6.8 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;

6.9 material which is threatening, abusive or invades another’s privacy, causes annoyance, inconvenience or needless anxiety;

6.10 material which is likely to harass, upset, embarrass, alarm or annoy any other person;

6.11 material used to impersonate any person, or to misrepresent your identity or affiliation with any person;

6.12 material which gives the impression that it emanates from us, if this is not the case;

6.13 material that advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse;

6.14 material that breaches any applicable laws or legislation.

You are not allowed to:

create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Platform except where expressly permitted in connection with the Services;

interfere with or disrupt the Platform, the Services or the servers or networks connected to the Platform or Services;

disseminate unsolicited advertisements or for any other commercial purposes (which would include using the Services to promote or encourage the sale of your goods/services);

transmit or re-circulate any material obtained from the Services to any third party except where expressly permitted;

disseminate any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

disseminate any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

use the Platform or the Services in any way that might infringe third party privacy or other rights, is unlawful or that might bring us into disrepute;

post link(s) that take users to material that contravenes any of the above restrictions; or

send (at our sole discretion) excessive numbers of cards to yourself or to other people as part of any promotion, including, but not limited to, sending more than 10 postcards or greeting cards to the same address.



5 INTELLECTUAL PROPERTY RIGHTS

1 All materials on this Platform and the functionality and operation of the Platform itself are protected by intellectual property rights.

2 You retain all intellectual property rights, including copyright, in those images that you have uploaded to the Platform, whilst using the Services, where you already own such rights.

3 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 Platform subject to these Terms.

4 You warrant that you have the right to copy, upload or otherwise deal with those images in relation to the Services and to allow us to process and otherwise deal with those images in accordance with these Terms.

5 You may not upload, request us to print, or otherwise deal with, in relation to the Services 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.

6 You are not allowed to remove any copyright, trademark or other intellectual property notices contained on the Platform or in the Services or from any copies or printed items taken of material from the Services.

7 We have the right to disclose your identity to any third party who claims that any content posted or uploaded by you to our Platform constitutes a violation of their intellectual property rights, or of their right to privacy.



6 ORDER AND DELIVERY

1 An order for any Service (including any order for printing services) 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 or post.

2 The decision as to whether to accept any order from you is at our sole discretion. From time to time we may reject an order, for example, if we do not have your chosen Service in stock or if your order breaches any of the requirements of these Terms. If the order is rejected, we will contact you to confirm this and arrange for reimbursement of your payment. In the event that the Services are produced and prior to dispatch are then discovered to be in breach of these Terms, we will not dispatch the Services. 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 Services had been dispatched.

3 We have a policy of continuous product development and reserve the right to amend the specifications of any of the Services without prior notice.

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

5 We will generally notify you of the dispatch dates available and the expected timeframe for delivery of your ordered Services during the order process; however, we do not guarantee delivery dates or times. We will make you aware of any delivery charges before you place your order. The expected delivery times and charges will differ depending on the Service you order.

6 Neither we, nor any delivery service that we use, shall be liable for any failure to perform our Services where such failure or delay results from any circumstances outside our reasonable control; these circumstances include but are not limited to adverse weather conditions (such as snow, flood and extreme winds), fire, explosion, accident, traffic congestion, obstruction of any private or public highway, riot, terrorism, act of God, or industrial dispute or strike.

7 Please be aware that if your order consists of or includes a postcard, the postcard will be delivered without any packaging or envelope so the content of the postcard will be visible to those handling it.



7 CASH PRICE AND PAYMENT

1 All cash price stated (if at all) on the Platform for Services will include Sales Tax at the then applicable rate, if appropriate. You shall be responsible for any other taxes applicable in the territory to which the Services are sent. International Transactions fees may be payable by you to your card issuer and Kaffee Labs shall have no liability for these.

2 Payment must be made by credit card or debit card at the time of placing an order which is accepted by us. Payment in full will be taken at this time and a contract in relation to the purchase of that Service will be in force.

3 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 your property and that sufficient funds or credit facilities are available to cover the full cost of the Services ordered. We reserve the right to obtain validation of your credit card, debit card or PayPal details before accepting your order.

4 We will take all reasonable care to keep the details of your payment secure. However, save where we have acted negligently we cannot be held liable and disclaim all liability howsoever arising for any loss you may suffer if a third party gains access to any data you provide when accessing or making a payment through the Platform.

5 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 order at any time without notice and provide your details to the relevant authorities.



8 RETURNS

1 The majority of our items are personalised Services for which there is no right to cancel the contract and return the Service, however, you may reject a Service which is faulty or substantially not as described. Where this is the case, we will ask you to return the Service to us within 3 days of receipt. If you are eligible for a refund, we will refund the price you paid onto the card that you paid with. Alternatively, we may offer to reprint (if applicable) and resend the item. Please note that we do not offer both a refund and a resend. We will not provide a refund if the fault is a result of your own actions such as Service misuse or if personalisation is misspelt or if you have uploaded an image of a low resolution or size.



9 INDEMNIFICATION

1 You agree to indemnify and hold us, and any parents, subsidiaries, affiliates, associated companies or any of their respective directors, officers, limited liability company members, employees, agents or service providers, harmless against any loss, damage, claim, cost or liability that arises out of any claim asserted by a third party that involves, arises out of, relates to or concerns:

1.1 any use by you of the Platform or the Services in breach of these Terms;

1.2 any claim that the uploading or emailing of any materials by you or on your behalf is an infringement of any third party’s copyright, trademark or other intellectual property rights; or

1.3 any claim that the processing, printing or other dealing by us of any materials uploaded or emailed by you or on your behalf is an infringement of any third party’s copyright, trademark or other intellectual property rights.

2 In the event that you institute a dispute (“chargeback”) with your payment card issuing bank we will become liable for a non refundable administration fee. Should your dispute be successfully challenged by us we reserve the right to collect this cost in full from you and to suspend access to your account until such time as these costs are paid. Before disputing any charge with your financial institution you should contact us on stefan@kaffeelabs.com



10 LIMITATION OF LIABILITY

1 We use reasonable care and skill to provide the Platform in accordance with our specifications for the Platform but:

1.1 the Platform and the Services are provided on an “as is” and “as available” basis; and

1.2 we cannot and do not make any warranties, claims or representations with respect to the Services including, without limitation, quality, performance, non-infringement, merchantability or fitness for use for a particular purpose. We do not represent or warrant that availability or use of the Services will be uninterrupted, timely, secure, error-free or virus-free. Kaffee Labs Inc. cannot accept responsibility or liability for a failure of your mobile network, or internet provider, or any losses or damage suffered as a result, as this is outside the control of Kaffee Labs Inc..

2 We will use reasonable endeavours to ensure that the Platform and the Services 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 Platform and the Services 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 Platform or the Services.

3 You should note that the transmission of information via the internet is not completely secure. Although we take appropriate technical and organisational measures to guard against unauthorised or unlawful processing of your personal data and against loss or destruction of, or damage to, your personal data, we cannot guarantee the security of your personal data. Any transmission of personal data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Platform and we exclude to the fullest extent permitted by applicable laws all liability in connection with the circumvention of any privacy settings or security measures contained on our Platform.

4 The Platform may include links to other websites in the Services but we are not responsible for the content of any external website, 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.

5 We will not be liable for faulty Service unless a claim is notified to us in writing (including the order confirmation number and details of the claim) within 28 days of receipt of the Service, or in the case of non-delivery, within a reasonable time after the Service was expected to arrive. In the case of a valid claim, we may choose to replace the Service (or the part in question) or refund to you the price paid for the Service (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.

6 We, our agents, directors, officers, shareholders, employees and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:

6.1 for any loss of revenue, data, sales or business, agreements or contracts, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption;

6.2 for any loss or corruption of data; or

6.3 for any indirect, special or consequential loss, damage, costs or other claims, howsoever caused or arising, including where arising directly or indirectly from any failure or delay in performing any obligation under these Terms caused by matters beyond our reasonable control. Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.

7 The total liability of Kaffee Labs Inc. shall not exceed the aggregate net purchase price (excluding taxes and freight) for the relevant Services.

8 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, our liability for death or personal injury caused by our negligence shall not be limited or excluded in any way.



11 TERMINATION

1 Where we terminate your access to the Platform or the Services for any 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.



12 GENERAL

1 If any provision of these terms is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and each participant will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.

2 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.

3 We may assign or transfer any of our rights or sub contract any of our obligations under these Terms to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these Terms except with our specific permission in writing.

4 To the extent permitted by law, these Cringemail Program Terms shall be exclusively governed by and construed in accordance with the laws of England and Wales. Any disputes arising out or in connection with these terms shall exclusively be submitted to and dealt with by the competent court in England and Wales although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or other relevant country