TERMS AND CONDITIONS
Please read all sections of this document (“Terms and Conditions”).
As we can accept orders made through this website automatically and make a legally enforceable agreement without further reference to you, please read these Terms and Conditions carefully before you submit your order to us.
These terms and conditions will
1.1 These Terms and Conditions will apply to the purchases of qr-codes, instapins and marketing material by you (the Customer or you). We are Techno Help LTD trading as InstaPin, a company registered in England and Wales under number 14681175 whose registered office is at Forest House, Office 3-5 Horndean Road, Bracknell, Berkshire, United Kingdom RG12 0XQ; (Instapin or us or we).
1.2 These are the terms on which we sell our qr-codes, instapins and marketing material to you. By placing an order and/or registering on our web site, you agree to be bound by these Terms and Conditions. You can only purchase our qr-codes, instapins and marketing material from this website if you are eligible to enter into a contract and are at least 18 years old.
1.3 In some areas you will have different rights under these Terms and Conditions depending on whether you are a Business or a Consumer. You are a Consumer if:
1.4 If you are a business these terms constitute the entire agreement between us in relation to your qr-codes, instapins and marketing material. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and Conditions and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms and Conditions.
Business means a commercial entity that is purchasing the qr-codes, instapins and marketing material in order to resell them or use them in connection with a trade, craft or profession.
Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession.
Contract means the legally-binding agreement between you and us for the supply of the qr-codes, instapins and marketing material construed in accordance with, and subject to, these Terms and Conditions.
Delivery Location means the location where you have requested the qr-codes, instapins and marketing material to be supplied, as set out in the order.
Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged
reproduction of the information stored.
qr-codes, instapins and marketing material means the products that are available through our website including but not limited to traditional and non-traditional qr-codes, instapins and marketing material including board qr-codes, instapins and marketing material which are advertised on the ebsite and that we supply to you in accordance with the specification of your Subscription or Purchase.
Order means the Customer's initial commitment to a Purchase a qr-code, instapin or marketing material, a subscription, or any offer made by the Customer and accepted by Instapin, submitted following the step by step process set out on the Website or as otherwise agreed between the parties (‘Ordering’ and ‘Ordered’ shall be construed accordingly).
Subscription means the Customer's monthly order for qr-codes, instapins and marketing material from us as set out in the Order and renewing on a 30-day cycle.
Membership means the Customer's order for access to the services, features and benefits advertised on the website as exclusively for members and renewing annually.
Website means our website www.instapin.me on which the qr-codes, instapins and marketing material are advertised.
3. QR-Codes, Instapins and marketing material
3.1 To Order any qr-codes, instapins and marketing material you must first sign up for your chosen once off / subscription package, details of which can be found on the Website.
3.2 If at any time you would like to upgrade your Subscription you may do so as indicated on subscription order form, otherwise please contact us to amend your subscription as needed.
3.3 The description of the qr-codes, instapins and marketing material is as set out in the Website, marketing e-mails or any other form of advertisement. Any description is for illustrative purposes only.
3.4 The packaging of the qr-codes, instapins and marketing material may vary from that shown in images on our Website.
3.5 All qr-codes, instapins and marketing material which appear on the Website are subject to availability and we reserve the right to make changes to the qr-codes, instapins and marketing material available on the Website at any time.
3.6 We can make beneficial changes to qr-codes, instapins and marketing material you have ordered. This could be to comply with any applicable law, regulation or safety requirements, or to implement minor technical adjustments and improvements, for example to optimise the qr-codes, instapins and marketing material and facilitate the returns process.
4.1 When Ordering qr-codes, instapins and marketing material through the Website you will be required to register for an account via the Website. You remain responsible for all actions and security in relation to your account.
4.2 In order to receive qr-codes, instapins and marketing material through your Subscription you must have an Active Membership and have purchased at least one subscription. It is your responsibility to ensure that your Membership has been upgraded to the number of qr-codes, instapins and marketing material you wish to keep your qr-codes, instapins and marketing material active.
4.3 We will make delivery of your qr-codes, instapins and marketing material based on your personal preferences as indicated in your dashboard which can be managed via your Account Dashboard but this is subject to availability.
4.3 We retain and use all information strictly under the terms detailes in our Privacy and Cookies Policy.
4.4 We may contact you by using e-mail or other electronic communication methods and you expressly agree to this.
5 Basis of Sale
5.1 The description of the qr-codes, instapins and marketing material on our Website does not constitute a contractual offer to rent or sell any qr-codes, instapins and marketing material to you. When an Order for a Subscription has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay. In such an instance, if payment has already been taken we will refund you in full.
5.2 The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
5.3 A Contract will be formed for the Subscription you have chosen when you receive an email from us confirming the Order (Order Confirmation) or within 2 Business Days of the Order being placed by you, whichever is the earlier. You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order, you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any qr-codes, instapins and marketing material supplied under your chosen Subscription.
5.4 If we are unable to accept your Order, we will inform you of this as soon as possible. This may be because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, or because you have had a Subscription in the past and this has been cancelled by us due to your conduct.
5.5 No variation of the Contract, whether regarding the description of the qr-codes, instapins and marketing material, fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and Instapin in writing and authorised by a member of our senior staff.
5.6 Instapin subscriptions work via a Virtual Dashboard system, which keeps track of which qr-codes, instapins and marketing material have been created and how many qr-codes, instapins and marketing material you have purchases or subcribed to.
6. Price and Payment
6.1 The price of the Subscriptions and any additional delivery or other charges are those set out on the Website at the date of the Order or such other price as we may agree in writing.
6.2 You will be required to pay when using our online checkout service on the Website by submitting your credit or debit card details with your Order.
6.3 We will take your first monthly Subscription payment immediately upon acceptance of your Order and then every 30 days through Stripe.
6.4 If you purchase any of our qr-codes, instapins and marketing material outright, payment shall be made through Stripe.
6.5 Risk of damage to, or loss of, any qr-codes, instapins and marketing material will pass to you when the qr-codes, instapins and marketing material are delivered to you.
6.6 For the avoidance of doubt, Instapin will be the sole arbiter in asserting damage during its inspection process and determining any appropriate charges that flow from that damage. Any charges must be paid by you in full. If we receive no reply and cannot resolve the issue in a reasonable amount of time, we reserve the right to take legal action against you.
6.7 Prices and charges include VAT at the rate applicable at the time of the Order.
7. Term and Termination
7.1 Subscriptions commence on the date that you receive the Order Confirmation and endure for 30 days, renewing automatically unless terminated by you or us for successive 30-day periods.
7.2 You may terminate your subscription for convenience by giving us no less than 14 days’ notice via e-mail of your intention to terminate prior to renewal of your Subscription. Your Subscription will then end on the renewal date. You shall be given an extra 3 days after this date to return any qr-codes, instapins and marketing material in your possession (“Grace Period”). If you fail to return any qr-codes, instapins and marketing material by the expiry of the Grace Period, we may levy a late fee against your account.
8. Delivery and Return
8.1 We will deliver the qr-codes, instapins and marketing material to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into and an Order for qr-codes, instapins and marketing material has been submitted. Subsequent deliveries will be made on a monthly basis throughout the Duration of your subscription.
8.2 We send our qr-codes, instapins and marketing material via couriers using recorded delivery services so you must sign for the qr-codes, instapins and marketing material upon arrival. If you or your nominee fail, through no fault of ours, to take delivery of the qr-codes, instapins and marketing material at the Delivery Location, we may charge the reasonable costs of redelivering the qr-codes, instapins and marketing material.
8.3 We only deliver to Delivery Locations in England, Scotland and Wales, however, if we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
8.4 You agree we may deliver your Order in installments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
8.5 The qr-codes, instapins and marketing material will become your responsibility once you receive them. You must examine the qr-codes, instapins and marketing material after delivery and if there are any problems with the condition, for example if any pieces are missing from the components list supplied by us, you must contact us immediately to inform us. Once you are in receipt of the qr-codes, instapins and marketing material, you accept that the qr-codes, instapins and marketing material is complete and assume liability for any missing or damaged pieces.
9. Cancellation and Returns for Consumers
Right to cancel
9.1 This is a distance contract (as defined in Clause 9.10.1) which, if you are a Consumer, has the cancellation rights (Cancellation Rights) set out below. If you are a Consumer, you can cancel the Order for a Subscription or Order to purchase qr-codes, instapins and marketing material by telling us before the Contract is completed i.e. prior to receipt of the Order Confirmation or within 14 days of Ordering the Subscription (the “Cooling-off Period), if you simply wish to change your mind and without giving us a reason and we will issue you with a full refund.
9.2 These Cancellation Rights, however, do not apply if you have Ordered a Subscription Ordered and any qr-codes, instapins and marketing material have been dispatched to you. In this case, you may cancel your Subscription but you will not receive a refund of your first payment and your Subscription will expire at the first 30- day cycle once you have returned the qr-codes, instapins and marketing material.
9.3 To exercise the right to cancel this Contract, you must inform us of your decision to cancel by a clear written statement by email using the Model Cancellation Form shown at Schedule 1. We will then communicate to you an acknowledgement of receipt of such cancellation in a Durable Medium (for example by email) without delay.
9.4 We may end your Subscription at any time by writing to you if you commit a breach of these Terms and Conditions as follows:
9.5 If we end the Contract in the situations, we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaching the Contract.
Deduction for qr-codes, instapins and marketing material supplied
9.6 In the event that you return a qr-codes, instapins and marketing material that you have purchased, we reserve the right to make a deduction from the reimbursement for loss in value of any qr-codes, instapins and marketing material supplied, if the loss is the result of unnecessary handling by you (i.e. handling the qr-codes, instapins and marketing material beyond what is necessary to establish the nature, characteristics and functioning of the qr-codes, instapins and marketing material, for example, if it goes beyond the handling that may reasonably be permitted in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss. If we refund you the price paid before we are able to inspect any Product and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
Timing of reimbursement
9.7 If a reimbursement is due under this Clause, We will make the reimbursement without undue delay, and not later than 14 days after the day we receive your cancellation notice
9.8 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Returning Purchased qr-codes, instapins and marketing material
9.9 If you have received qr-codes, instapins and marketing material in connection with the Contract which you have cancelled in accordance with your statutory rights, you must send back the qr-codes, instapins and marketing material without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the qr-codes, instapins and marketing material before the period of 14 days has expired.
9.10 For the purposes of these Cancellation Rights, these words have the following meanings:
9.11 Businesses have no right to cancellation under these Terms and Conditions.
10. Successors and our sub-contractors
10.1 We can transfer the benefit of these Terms and Conditions to someone else, however we will remain liable to the other for its obligations under these Terms and Conditions. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms and Conditions.
10.2 You may only transfer your rights or your obligations under these Terms and Conditions to another person or entity if we agree to this in writing.
10.3 No person who is not a party to these Terms and Conditions shall have any rights to enforce any of its provisions and these Terms and Conditions can be varied without any third party's consent. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these Terms and Conditions.
11.1 In the event of any failure by a party because of something beyond its reasonable control:
12.1 Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
12.2 These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy and Cookies Policy.
12.3 For the purposes of these Terms and Conditions:
12.5 Where you supply Personal Data to us so we can provide services to you, and we Process that Personal Data in the course of providing services to you, we will comply with our obligations imposed by the Data Protection Laws:
12.6 For any enquiries or complaints regarding data privacy, please contact us.
13. Intellectual Property
13.1 We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
13.2 “InstaPin“ and "Techno Help" are unregistered trade marks and are legally protected by the laws of “passing off” and “unfair competition”. No rights are granted to Customers or any third-parties to reproduce or use our trade mark for any purpose without prior written approval.
13.3 Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
13.4 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors and/or our prior written agreement.
13.5 Should you leave a testimonial or review of our qr-codes, instapins and marketing material, you agree to us publishing your comments on our Website or in any other media format or platform that we choose.
14. Reliance on our Website
14.1 The content on our Website is provided for general information only and is not intended to amount to advice on which you should rely.
14.2 Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
15. Prohibited use
15.1 You may not use the Website for any of the following purposes:
16. Links to other websites
16.1 This Website may contain links to other sites. Unless expressly stated, these sites are not under our control.
16.2 We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
16.3 The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
17. Linking to our Website
17.1 You may link to our home page, provided you have requested our approval by emailing firstname.lastname@example.org and ensure you use our link a way that is fair and legal and does not damage our reputation or take advantage of it.
17.2 However, you must not:
17.3 If you contravene this clause, we reserve the right to withdraw linking permission without notice.
18. Limitation of liability
18.1 The qr-codes, instapins and marketing material are manufactured by companies with which Instapin holds no association. Instapin and Techno Help LTD does not endorse the quality or fitness for purposes of any of the qr-codes, instapins and marketing material it supplies. All claims or complaints that might arise from the quality or fitness for purposes of a particular qr-codes, instapins and marketing material are therefore between the Customer and the qr-codes, instapins and marketing material manufacturer and Instapin (Techno Help LTD) disclaims all liability thereof.
18.2 If you are a Consumer, we limit our liability as follows:
18.3 If you are a Business, we limit our liability as follows:
18.4 Whether you are a Consumer or a Business, this Website and the materials and qr-codes, instapins and marketing material on it are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
19. Governing law, jurisdiction and complaints
19.1 The Contract (including any non-contractual matters) is governed by the law of England and Wales.
19.2 Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
19.3 We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs, Customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.