Last updated September 12, 2020
1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Electrobooth Limited, doing business as TatuZone, located at 73 Hall Road, Rotherham, South Yorkshire, England S60 2BW United Kingdom (we, us), concerning your access to and use of the TatuZone Services (https://TatuZone.com) website as well as any related applications (the App).
The App provides the following services: An app which allows you to take photos, customise/brand photos, sell/print photos, upload photos to Facebook, and email customers their photo with a reminder to leave you a review. (Services). You agree that by accessing the App and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are prohibited from using the App and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.
1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and conditions or documents that may be posted on the App from time to time, are expressly incorporated by reference.
1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the App represents that you have accepted such changes.
1.4 We may update or change the App from time to time to reflect changes to our products, our users' needs and/or our business priorities.
1.5 Our site is directed to people residing in United Kingdom. The information provided on the App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
1.6 The App is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the App or use the Services without parental permission.
1.7 Additional policies which also apply to your use of the App include:
2.1 You may not access or use the App for any purpose other than that for which we make the App and our services available. The App may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
2.2 As a user of this Site, you agree not to:
3.1 Our pricing is flexible and is based on the amount of groups (bookings) you have per calender month. We allow a 10% buffer between plans. For example, if you sign up to the 100 group plan, we allow you to reach 110 groups per month. If that threshold is exceeded three months consecutively, we will automatically move you to the plan that fits your usage.
Our pricing and plans are as follows:
3.2 Payments will be taken on a montly basis by a card payment using our card provider, Stripe.
4.1 We accept the following forms of payment:
4.2. You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in GBP.
4.3. You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your lation.
4.4. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.
4.5. All purchases are non-refundable. You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.
4.6. If you are unsatisfied with our services, please email us at support@TatuZone.com.
5.1 We offer a 30-day free trial to new users who register with the Site. The account will be charged according to the user’s chosen subscription at the end of the free trial.
6.1 You have the option of connecting your TatuZone account to your Facebook page. This enables you to automatically share photos uploaded to TatuZone to your Facebook page. By doing this, you agree:
7.1 You have the option of sending your customers an email containing a link to their Photo and other links such as links to your website & trip advisor. By using the App you agree:
8.1 Unless otherwise indicated, the App and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the App (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws.
8.2 Except as expressly provided in these Terms and Conditions, no part of the App, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
8.3 Provided that you are eligible to use the App, you are granted a limited licence to access and use the App and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
8.4 You shall not (a) try to gain unauthorised access to the App or any networks, servers or computer systems connected to the App; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the App or Our Content, including the modification of the paper or digital copies you may have downloaded.
8.5 We shall (a) prepare the App and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the App that contains viruses.
8.6 The content on the App is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the App.
8.7 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the App is accurate, complete or up to date.
9.1 We reserve the right at our sole discretion, to (1) monitor the App for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) remove from the App or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (4) otherwise manage the App in a manner designed to protect our rights and property and to facilitate the proper functioning of the App and Services.
9.2 We do not guarantee that the App will be secure or free from bugs or viruses.
9.3 You are responsible for configuring your information technology, computer programs and platform to access the App and you should use your own virus protection software.
10. Modifications to and availability of the App
10.1 We reserve the right to change, modify, or remove the contents of the App at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
10.2 We cannot guarantee the App and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the App, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the App or Services during any downtime or discontinuance of the App or Services.We are not obliged to maintain and support the App or Services or to supply any corrections, updates, or releases.
10.3 There may be information on the App that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
11.1 The App and Services are provided on an as-is and as-available basis. You agree that your use of the App and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the App and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.
We make no warranties or representations about the accuracy or completeness of the App’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the App or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the App by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.
11.2 Our responsibility for loss or damage suffered by you:
Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the greater of (a) the sum of £500 or (b) the amount paid, if any, by you to us for the Services/Site during the six (6) month period prior to any cause of action arising.
If you are a business user:
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
14.1 These Terms and Conditions shall remain in full force and effect while you use the App or Services or are otherwise a user of the App, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at support@TatuZone.com.
14.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the App and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.
If we determine, in our sole discretion, that your use of the App/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the App and the Services or delete any content or information that you posted at any time, without warning, in our sole discretion.
14.3 If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
13.1 The App stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the App won’t work properly or at all.
13.2 If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
13.3 Along the same lines, we cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, we cannot accept responsibility.
13.4 With respect to we’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. we accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
13.5 If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this license.
13.6 You will not:
13.7 The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an App Distributor) to access the Services:
14.1 Visiting the App, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the App, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the App. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
14.2 These Terms and Conditions and any policies or operating rules posted by us on the App or in respect to the Services constitute the entire agreement and understanding between you and us.
14.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
14.4 We may assign any or all of our rights and obligations to others at any time.
14.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
14.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
14.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the App or Services.
14.8 These Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English Law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
14.9 Except as stated under the Mobile Application section, a person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
14.10 In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email atsupport@TatuZone.com or by post to: