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JoyAtHomeShoot Terms and Conditions

Please read the Terms and Conditions

TERMS AND CONDITIONS OF USE OF THE JOYATHOME SERVICE

Please read these terms and conditions (“Terms”) carefully before using the Bounty Portrait Ordering Service. By placing an order (“Order”) for any of our products, applications, tools or services (“Services”) you agree to be bound by the following terms and conditions.

                                                

Who we are. “Bounty Portrait” and “Joy” are trading styles of Bounty (UK) Limited (“Bounty”). Bounty's company registration number is 631367 and our registered office is at King's Court, London Road, Stevenage, Hertfordshire, SG1 2NG. Our registered VAT number is GB638042741. 

How to contact us. By e-mailing us at joy@bounty.com.

How we may contact you. If we have to contact you we will do so by writing to you at the email address or postal address you provided to us in your order or by telephone if necessary.

These Terms comprise sections A to G below.

To read a plain English description of what we do, please read sections A to F below first, before reading the ‘legal stuff!’ in section G.

What services can Bounty provide to me, The Services available to you are:

-        Our free “JoyAtHome portrait and video shoot service. See JoyAtHome Service below.

-        Our photography and video storing, viewing and sharing community site (“Site”). We offer (1) a free subscription for limited Site Services (2) a rebillable monthly subscription for all the Site Services (“Monthly Subscription”); and (3) a rebillable annual subscription for all the Site Services ("Annual Subscription"). See Site Services below.

-        Our handheld device called the “Joy Album.” See Device Services below.

How does Bounty protect my privacy: Our Privacy Policy www.bounty.com/privacy explains what personal information we collect and how it is used and shared.

PLEASE READ THESE TERMS AND OUR PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICES OR ANY SERVICE OFFERED BY BOUNTY. UNLESS YOU ACCEPT THESE TERMS YOU ARE NOT AUTHORISED TO USE THE SERVICES OR THE SITE. BY PLACING AN ORDER FOR THE SERVICES, YOU AGREE TO ENTER INTO A CONTRACT WITH US ON THESE TERMS INCLUDING ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES INCORPORATED BY REFERENCE INTO IT (THE “CONTRACT”).

What do the Terms cover. The Terms comprise the following sections:

A - JoyAtHome Portrait Service

B- Our Site Services: storing, viewing and sharing your Images

C- Purchasing a Joy Album

D - Purchasing a Subscription to use the Services (inc our free ‘limited service’)

E - Cancellation Policy (also see Section G – Statutory Cancellation Rights for UK/EU residents)

F - Eligibility to use the Site and Services

G – Additional terms and conditions.

A.  JoyAtHome Portrait Service

Bounty offers a free JoyAtHome virtual portrait shoot, so you can obtain quality photographic and/or videos portraits (“Images”) with your baby and family from the comfort of your own home, taken remotely by a Bounty photographer from your own device (“Portrait Service”). You can then decide to purchase all (or none!) of our other Services. All you need is a smart phone which meets our Portrait Service requirements. For a full description of how the JoyAtHome Portrait Service works read our “JoyAtHome” FAQs or to book a no obligation JoyAtHome shoot follow this link www.JoyAtHomeshoot.com . You can also take advantage of any of our subscription services, including our free Site Services; see Our Site Services and Purchasing a Subscription to use the Services below.

B.  Our Site Services: storing, viewing and sharing your Images

Bounty also operates a photography and video storing, viewing and sharing service on the Site (the “Service(s)”.  You can use the Site to upload, store, view and share your Images (photographs and videos) on the Site. You can share photos stored on the Service with your contacts using email or using  our App (the “Joy App”).   If you register on the Site then you become a Bounty community member (a “Member”). 

Bounty also sells a handheld device called the “Joy Album.” Members enjoy the Joy Album the way we used to enjoy an old-fashioned photo album – and much, much more.

Members can download their photos and videos from the Site, then store and display their content offline on their Joy Albums. The Joy Album allows members to enjoy the ease of online photo sharing with the old-fashioned fun of paging through an album, memory by memory. Members can send their photos and videos to their own Joy Albums via email, Bounty software or by pulling content from existing sites like Apple Photos, Dropbox and Google Photos.

Members who share photos this way also can use Bounty’s “real time storytelling” feature, StoryTime, which allows devices to screen share content and share audio. Imagine sitting in your living room while your grandson in another town or country tells you about his first day of school. He shares his screen with you (with a bit of help from Mum or Dad!) then turns each page in his album with you, going from photo to photo with you while he talks to you in real time about his day, all from his home to yours.

C.  Purchasing a Joy Album

If you have read section F (ELIGIBILITY TO USE THE SITE AND SERVICES) and wish to purchase a Joy Album you can do so here: www.joyathomeshoot.com

If you have concerns about the Joy Album you have received please email Bounty at joy@bounty.com . We will work with you to address your concerns.

D.  Purchasing a Subscription to use the Services

Members can purchase a subscription to use the Services. Bounty offers three subscription types with automatic renewal: (1) a free subscription for limited Services (2) a rebillable monthly subscription for all the Services (“Monthly Subscription”); and (3) a rebillable annual subscription for all the Services ("Annual Subscription").

Free Subscription: By registering on the Site you become eligible for these Services: 

-        Site access with basic functions.

Monthly Subscription: By purchasing a Monthly Subscription, you agree to an initial and recurring Monthly Subscription fee at the then-current Monthly Subscription rate and you accept responsibility for all recurring charges prior to cancellation.  A Monthly Subscription allows you to choose one of  the following additional services:

o        Joy Basic

o        Joy Family

o        Joy Premium

Each Monthly Subscription is for a minimum initial period of 12 months (the “Initial Term”).

AUTOMATIC MONTHLY RENEWAL TERMS: Once you subscribe, Bounty will automatically process your Monthly Subscription fee in the next billing cycle. Bounty will continue to automatically process your Monthly Subscription fee each month at the then-current Monthly Subscription rate without further notice to you or authorisation from you, until you cancel your subscription. We explain how to cancel your Monthly Subscription below at the Section "Cancellation Policy".

ANNUAL SUBSCRIPTION: By purchasing an Annual Subscription, you agree to an initial pre-payment for one full year of Service and a recurring Annual Subscription renewal fee at the then-current Annual Subscription rate  and you accept responsibility for all recurring charges prior to cancellation.  The Annual Subscription entitles you to the same additional services as the Monthly Subscription.

AUTOMATIC ANNUAL RENEWAL TERMS: Once you subscribe, Bounty will automatically process your Annual Subscription fee in the next billing cycle. Bounty will continue to automatically process your Annual Subscription fee in the first month of your next Annual Subscription at the then-current Annual Subscription rate without further notice to you or authorisation from you, until you cancel your subscription. We explain how to cancel your Annual Subscription below at the Section "Cancellation Policy".

For example, let’s say you purchased an Annual Subscription beginning in October 2020 and ending in September 2021. We will bill you for the second year (October 2021 to September 2022) in October 2021, unless you cancel your Annual Subscription before October 2021. You accept responsibility for all recurring charges prior to cancellation.

E. CANCELLATION POLICY

Cancellation Policy for Monthly Subscription Renewals: Monthly Subscription fees are payable for the Initial Term. You may cancel your Monthly Subscription renewal at any time during the Initial Term *but unless you cancel under clause 4  in accordance with your statutory cancellation rights you will still be billed for all remaining months during the Initial Term) or after you were billed for the then-current month after the end of the Initial Term by logging into your account and following the cancellation procedures or by emailing us at joy@Bounty.com. 

Cancellation Policy for Annual Subscription Renewals: Annual Subscription fees are non-refundable. You may cancel your Annual Subscription renewal at any time after you were billed for the then-current year by logging into your account and following the cancellation procedures or by emailing us at joy@Bounty.com.

NOTE: For UK/EU consumers this policy is in addition to your statutory cancellation rights which are set out in clause 4 of section G below – see: Your rights to end the contract

If you cancel your subscription you can re-subscribe any time.

F. ELIGIBILITY TO USE THE SITE AND SERVICES

General: You may access the Site from anywhere in the world without incurring any fees or becoming a community member.

Residency: The Site is available to anyone in the world, but for legal and import/export reasons the Services and the Joy  Album are intended for sale  only to legal residents of the United Kingdom.  If you are resident in any other country you are advised to check  the following requirements: i) the requirement to pay any import duties or taxes and delivery costs (as we will add these to the price); ii) the requirement for the Joy Album to be compatible with the electrical system used in your country of residence – we sell versions for use in the UK [220-240 voltage] (and can provide US versions 110-120 voltage but you may need to use a transformer/convertor plug if your country of residence operates a non-compatible electrical system (iii) the internet requirements – as to access the Services and get the most out of your Joy Album you will need a stable internet connection with a min upload speed of 5 mbs and a min download speed of 10 mbs.

Fees: It’s free to use the Site and the limited Services, but using all Services and the Joy Album requires that you pay a fee.

Age: You are not authorised to access or use the Site or any Service or purchase a Joy Album if you are under 18 years old. Individuals under 18 years old must at all times use the Site and Services only in conjunction with and under the supervision of a parent, or the supervision of a legal guardian who is at least 18 years old. In all cases, that parent or legal guardian is the Site user or Services subscriber and will be responsible for any and all use of the Site and Services by the individual under 18.

Compliance: To be eligible to use the Site and Services, you must comply with all local laws regarding online conduct and acceptable content and agree to pay all applicable taxes. Use of the Site is void where prohibited by law. You must also comply with these Terms of Service and the policy documents listed below (if applicable to your use of the Site or Services), and all other operating rules, policies, and procedures that Bounty may publish from time to time on the Site, each of which is incorporated herein by reference and each of which Bounty may update from time to time without notice to you:

Bounty’s Right to Revoke, Suspend, or Restrict Eligibility: Bounty may, in its sole discretion, for any reason, at any time, revoke, suspend, or restrict your access to the Site or any Bounty Service. If Bounty bans you from the Site or any Bounty Service, you may not return to the Site or use that Service for any reason or in any manner including with a new username or identity. In the event that you return, or attempt to return, to the Site or use the Service after you’ve been banned, you will be deemed to have breached these Terms, and Bounty reserves the right to pursue all rights and remedies available at law or in equity with respect to such breach.

G – Additional terms & conditions

1.  These terms

1.1               How to contact us. You can contact us by e-mailing us at joy@bounty.com. This includes if you wish to send us a notice under these Terms,

1.2               How we may contact you. If we have to contact you we will do so  by writing to you at the email address or postal address you provided to us in your order. This includes if we wish to send you a notice under these Terms,

2.  Information about us and how to contact us

2.1               Who we are. Bounty Portrait is a trading style of Bounty UK Limited (“Bounty”). Bounty's company registration number is 631367 and our registered office is at King's Court, London Road, Stevenage, Hertfordshire, SG1 2NG. Our registered VAT number is GB638042741.

2.2               How to contact us. You can contact us by e-mailing us at joy@bounty.com

2.3               How we may contact you. If we have to contact you we will do so  by writing to you at the email address or postal address you provided to us in your order.

3.  When you place an order

3.1               How we will accept your Order. Our acceptance of your Order will take place immediately before we allow you to access the Services or (in the case of the Joy  Album device before we dispatch it to you), at which point a contract will come into existence between you and us. Except in the case of any of our free Services, Orders will not be accepted until the required payment is received in full.

3.2               .Orders for Digital photographic images and/or video images (“Images”). Images Orders cannot be cancelled once downloaded or made available to you on our Site.

3.3               If we cannot accept your Order. If we are unable to accept your Order, we will contact you and will not charge you for the Services. This might be because the product is out of stock, or because of other factors which we could not reasonably plan for, or because we have identified an error in the price or description of the product or the Services.

3.4               Your Order number. We will assign an Order number to your Order and this can be found on your dispatch confirmation e-mail.

3.5               We sell to the UK Our website is intended  for the promotion of our Services in the UK. Unfortunately, we cannot guarantee we can deliver to addresses outside the UK. If you are not located in the UK we may not be able to accept your order.  We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

3.6               We will keep a copy of our contract with you on our records and will supply you with a copy on written request to our postal address. If ordering online, we will confirm acceptance of your Order by email. Orders for digital content will be  fulfilled by making the same available to you online to view and/or download upon  receipt of full payment. All other Orders will be dispatched within 14 days of the date of full payment  Bounty will not accept liability for delayed dispatch due to circumstances beyond its control.

4.   Products, Services and cancellation rights

4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. In addition certain items may vary in colour from batch to batch.

4.2 If we withdraw any Services. We will contact you and may offer a suitable alternative. If you do not wish to accept an alternative we will refund any sums you have paid in advance for Services which will not be provided.

4.3 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

4.4 Measurements given on any description are approximate and wallet-sized photographs are provided in sheet format ready to cut . Keyrings are double-sided, and come ready-assembled.

4.5 Products are supplied by Bounty (UK) Limited.

             4.6 Updates to digital content. We may update (or require you to update digital content), provided that the digital content shall always match the description of it that we provided to you before you bought it.

          4.7 Delivery costs. The costs of delivery in the UK of any goods will be as displayed to you on our website or (if outside the UK) confirmed to you before acceptance of your Order.

          4.8 When we will provide the products.

If the products are goods. If the products are goods we will deliver them to you in the UK as soon as reasonably possible and in any event within 30 days after the day on which we accept your order but if for any reason we cannot (e.g. you require delivery outside the UK) then we will contact you with an estimated delivery date .

 If the products are one-off services. We will begin the services on the date agreed with you during the order process. The completion date for the services is as told to you during the order process.

If the product is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order.

If the products are ongoing services or a subscription to receive goods or digital content. We will supply the services, goods or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract or we end the contract by written notice to you see: ‘Your right to end the contract’ and ‘Our rights to end the contract’).

        4.9 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will either leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

         4.10 If you do not re-arrange delivery. If you do not collect the products from us  as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause [number] will apply.

4.11 Your legal rights if we deliver goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:

(a)       we have refused to deliver the goods;

(b)       you told us before we accepted your order that delivery within the delivery deadline was essential.

             4.11 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause [number] you can give us  a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

4.12 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause [number] or clause [number], you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery.  If the goods have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email us at joy@bounty.com for a return label or to arrange collection.

             4.13 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you [or a carrier organised by you] collect it from us.

         4.14 When you own goods. You own a product which is goods (including any digital images) once we have received payment in full.

           4.15   Reasons we may suspend the supply of products or services to you. We may have to suspend the supply of a product to:

           (a)       deal with technical problems or make minor technical changes;

           (b)       update the product to reflect changes in relevant laws and regulatory requirements;

           (c)       make changes to the product as requested by you or notified by us to you.

            4.16 Your rights if we suspend the supply of products or services. We will contact you in advance to tell you we will be suspending supply of any product or services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than 24 hours on more than one occasion in any 4 week period we will adjust the price so that you do not pay for services while they are suspended. You may contact us to end the contract for a product or services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 4 consecutive weeks and we will refund any sums you have paid in advance for the services in respect of the period after you end the contract.

            4.17 We may also suspend supply of the products or services if you do not pay. If you do not pay us for the products or services when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the unpaid for products or services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the unpaid for products or services. We will not suspend the unpaid for products or services where you dispute the unpaid invoice (see clause 12.6). We will not charge you for the services during the period for which they are suspended. As well as suspending the products or services we can also charge you interest on your overdue payments (see clause 5.5). 

4.18 Your rights to end the contract

           You can always end your contract with us.  Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

            (a)  If what you have bought is faulty or misdescribed you may have a legal right to end the contract  (or  to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;

          (b)  If you want to end the contract because of something we have done or have told you we are going to do, see clause 4.18(e).;

           (c)  If you have just changed your mind about the product, see clause 4.19. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions [and you will have to pay the costs of return of any goods];

            (d)  In all other cases (if we are not at fault and there is no right to change your mind), see clause 4.22

            Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

             (a)         we have told you about an upcoming change to the product or these terms which you do not agree to;

              (b)       we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

              (c)   there is a risk that supply of the products may be significantly delayed because of events outside our control;     (d)   we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or

              (e)   you have a legal right to end the contract because of something we have done wrong.

      4.19  Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund.  These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

       4.20 When you don't have the right to change your mind.  You do not have a right to change your mind in respect of:

           (a)  digital products after you have started to download or stream these;

           (b)  services, once these have been provided and used by you, such as any of our subscription services (other than the limited service), even if the cancellation period is still running;

        4.21  How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.

         (a)       Have you bought services  If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have provided the services and you have used them,  you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.

         (b)       Have you bought digital content for download or streaming (for example, digital images)? if so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming.  If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.

       (c)       Have you bought goods (for example, a Joy Album)?, if so you have 14 days after the day you (or someone you nominate) receives the goods, unless:

           (i)         Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.

             (ii)        Your goods are for regular delivery over a set period.  In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.

         (d) Have you received digital content (e.g. portraits) conditionally on your purchasing a service from us? If you have received digital content in return for your purchasing any other goods or services from us (the “Primary Purchase”) e.g. you have received free digital portraits or any other benefit (a “Linked Reward”) as a result of the Primary Purchase, the retail price on our website for the Linked Reward will become payable if you cancel the Primary Purchase e.g. you are eligible for the Linked Reward because you purchase a 12-month subscription to one of our services and end the subscription before the end of the agreed subscription period.

          4.22          Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 4.22), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract [OR a percentage of the price calculated as per [TABLE] depending on the date on which you end the contract, as compensation for the net costs we will incur as a result of your doing so.]

           4.23 How to end the contract with us (including if you have changed your mind)

                  Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the             following: 

          (a)       Email. Email us at joyt@bounty.com . Please provide your name, home address, details of the order and, where available, your phone number and email address. You may if you wish copy and use the form which appears in the schedule to these Terms in (or to help you write) your email.

             (b)     By post. Print off the Cancellation Form which appears in the schedule to these Terms and post it to us at the address on the form.  Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

          4.24  Returning products after ending the contract.  If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us by emailing us at joy@bounty.com for details of our returns process. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

          4.25  When we will pay the costs of return. We will pay the costs of return:

               (a)       if the products are faulty or mis-described;

             (b)       if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or

               (c)       if you are exercising your right to change your mind (within the 14-day period prescribed).

          In all other circumstances (including where you are exercising your right to change your mind after the 14-day period prescribed has expired) you must pay the costs of return.  

       4.26       What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.  We charge £15 for collection of the Joy Album.

         4.27          How we will refund you.  We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

         4.28          Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind (within the prescribed period):

(a)       We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

(b)       The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

(c)       Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

     4.29         When your refund will be made. We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then:

(a)       If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.

(b)       In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

         4.30           Our rights to end the contract

We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a)       you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

(b)       you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, a delivery address or time.

(c)       you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or

(d)      you do not comply with any of your obligations under these Terms in a material way, provided if your failure to do so can be remedied (and is not a material obligation) we will give you the opportunity to do so first .

4.31        You must compensate us if you break the contract. If we end the contract in the situations set out in clause 4.30  we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you a percentage of the price calculated on a pro rata basis depending on the date on which we end the contract, as compensation for the net costs we will incur as a result of your breaking the contract.

4.32          We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 30 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

            4.33       If there is a problem with the product

            

How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can email us at joy@bounty.com  

            

Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods, for example a Joy Album device , the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund. 

b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. 

c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.  

See also Section G - clauses 4.19 to 4.21.

a) If your product is digital content, for example a subscription service to online content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

b) If your digital content is faulty, you're entitled to a repair or a replacement.

c) If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.

d) If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation

See also Section G - clauses 4.19 to 4.21.

If your product is services, for example a contract for services, the Consumer Rights Act 2015 says:

a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.

b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.

c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.

See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

     4.36          Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please write to us at joy@bounty.com  for a return label or to arrange collection.

5.            Price and payment

5.1          Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 3.3  for what happens if we discover an error in the price of the product you order.

5.2          We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

5.3          What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

5.4          When you must pay and how you must pay. We accept payment by all major debit and credit cards When you must pay depends on what product you are buying:

(a)       For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

(b)       For digital content, you must pay for the products before you download them.

(c)       For services, you must make any required payments in advance which may include a sum equal to the value of any Linked Reward before we start providing them.

5.5          We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4 % a year above the base lending rate of Barclays Bank plc  from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

5.6          What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

6       Intellectual Property/Copyright & Image Rights

All photographic images and/or video images (“Images”) featuring you or your children, of whom you confirm you are the parent or guardian, i are the copyright of Bounty (UK) Limited and are for your private domestic use only so may not be copied or reproduced for commercial purposes without our express written permission. 

7. General Terms Of Service For Our Site And All The Services

Member Account, Password, and Security: You are responsible for maintaining the confidentiality of your password and account. You agree to: (a) immediately notify Bounty of any unauthorised use of your password or account or any other security breach, and (b) ensure that you exit from your account at the end of each Site session. Bounty will not be liable for any loss or damage arising from your failure to comply with this clause .

Account Information: In the course of your use of the Site or Services, we may ask you for certain information including your name, email address, mailing address and credit or debit card information (collectively, “Account Information”). Your Account Information must be up-to-date and accurate at all times. You agree that you are solely responsible for the accuracy and content of your Account Information. Bounty's Privacy Policy, which is incorporated herein by reference, explains what information we collect from you, how we collect it, how we use it, and how we protect it.

Account Transfer Prohibited: You may not transfer or sell your Bounty account or username to any other party. You are fully responsible for all activity of your Bounty account and username.

Account Use: You cannot in any way transfer your registration/account or obligations and we advise you not to allow anyone else to use your account without your express knowledge and permission. You also specifically confirm that you will:

(a) Notify us immediately of any unauthorised use of your registration/account with the Site or any other known or suspected breach of security; and

(b) Use your reasonable efforts to immediately stop any such misuse.

General Practices Regarding Site Use and Storage: You acknowledge that Bounty may establish general practices and limits concerning Site use and storage. You agree that Bounty has no responsibility or liability for the deletion, failure to delete or failure to store any reviews, product designs, data or other content the Site maintains or transmits. You acknowledge that Bounty may, in its sole discretion, change these general practices and limits at any time, with or without notice to you.

Site Content: Other than the copyright in any Images we produce for you pursuant to any Order, you own all content submitted to the Site by you (“User Content”). We own, exclusively, (i) copyright in all Images produced pursuant to your Order(s) and (ii) all rights, title and interest in and to the Site including all content, code, data, materials, the look and feel, design, and organization of the Site, and the compilation of the Site content, code, data and materials, other than User Content (collectively, “Site Content”), including all copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights in the Site Content. To the extent that we don’t own any Site Content, we have secured a license from the owner or licensor of such Site Content granting us the right to display it on the Site. Your use of the Site does not grant you ownership of any kind in any Site Content or in User Content submitted to the Site by others. Except as provided in these Terms of Service, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit any Site Content without Bounty’s prior written permission.

You may access and view the Site Content and make single copies or prints of the Site Content at your own sole risk, only for your personal, non-commercial, and internal use.

User Content: You must own all User Content you submit to the Site or you must have the copyright owner's written permission to use it. You alone are responsible for the content and consequences of each of your activities on the Site and you submit User Content at your own risk.

Bounty does not claim ownership rights to your User Content. When you submit User Content on the Site you grant us a license to use such content to provide the Site and the Services, but you retain ownership.

By uploading User Content on the Site, you grant Bounty a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sublicensable (through multiple tiers) right to exercise the copyright, publicity and database rights you have in the User Content, in any form, media, or technology now known or not currently known.

We will only use personal data  (including our rights in any Images)  in accordance with our Privacy Policy.

Re-Posting User Content: It’s possible for an outside website or third party to re-post your User Content with your consent. You agree to hold Bounty harmless for any dispute concerning such re-posting. Bounty assumes no responsibility for any third party’s intellectual property infringement of User Content.

Trademarks: The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Site or through the Services are registered and unregistered Trademarks of ours and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, or that are likely to cause customer confusion, or in any manner that disparages or discredits the rights holders. All Trademarks not owned by us that appear on the Site or through the Services, if any, are the property of their respective owners. Nothing contained on the Site grants, by implication, estoppel, or otherwise, or should be construed as granting, any license or right to use any of the Trademarks displayed on the Site without our written permission or that of the third-party rights holder.

Prohibited User Conduct: You agree that while using the Site and Services, you shall not: (1) submit any content to the Site that is false, defamatory, objectionable or otherwise illegal; (2) impersonate any person or entity, whether actual or fictitious, including anyone from Bounty, its Group companies , or another community member; (3) misrepresent your affiliation with any third party; (4) post or republish third party advertising on any part of the Bounty Online Community; (5) attempt to gain unauthorised access to other computer systems through the Site; or (6) use the Site or Services in any unlawful, harassing, or intimidating manner, or in any manner that harms us or anyone else, as determined in our sole discretion.

Monitoring User Content. Bounty reserves the right, but does not and shall not have an obligation, to monitor and review all User Content on the Site and to edit or remove any information or materials that are in violation of these Terms or applicable law. Bounty also reserves the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation, or government request.

Removing Your Own User Content. You can remove User Content posted to the Site by you by following the steps on our Site or our software applications.

Linking to the Site: You agree that any time you link to the Site from another website, such link must connect to the full version of an HTML formatted Site page. You are not permitted to link directly to any image hosted on the Site, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another Site. You agree not to link to the Site in any manner such that the Site or any Site page is “framed,” surrounded, or obfuscated by any third-party content, materials, or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued and that the link open in a new browser window. We may revoke your right to link to the Site from any other site at any time upon written notice to you.

Fees and Billing:

Where to find the price for the product. The price of the product (which includes VAT where applicable) will be the price indicated on the product pages for orders placed on our Site.

We will pass on changes in the rate of VAT. If the rate of VAT changes between your Order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

When you must pay and how you must pay. We accept payment by major debit and credit cards (for online orders only). Please do not send cash through the post. You must pay for the Products before we dispatch them or allow you access to them. We will not dispatch the Products or allow you access to you until we have received payment.

What to do if you think a price is wrong. If you think the price you were charged is wrong, please contact us within 48 hours to let us know. We will review the Order and either agree or disagree. If we agree we will refund the difference. If we disagree you may cancel the Order. We reserve the right not to sell any product that has been listed at an incorrect price.

Prices are quoted in pounds sterling.  You agree to pay in full the price for each Service or Joy Album, or both, by credit card, debit card, or by any other payment means acceptable to Bounty as each payment, if any, is due. You agree to pay all applicable taxes, if any. If Bounty does not receive timely payment from your credit card or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.

AUTOMATIC RENEWAL TERMS: For Services subject to automatic renewal, you agree that Bounty may submit periodic charges (monthly or yearly) without further authorization from you until you provide notice that you wish to terminate this authorization or change your payment method. You agree that such notice will not affect charges submitted before Bounty could reasonably act.

Our total price for your purchase of a Joy Album will include the price of the device plus VAT or any other applicable sales taxes. Such sales taxes are calculated based on the shipping address on file with Bounty and the sales tax rate in effect at the time of purchase. We will charge tax only in jurisdictions where the goods sold over the Internet are taxable.

Unless otherwise indicated, our total price for any Joy Album device will include shipping and handling fees.

Risk of: A third-party carrier will ship the Joy Album you purchase from our Site. Title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

Joy Album Warranty: Your Joy Album comes with one year limited warranty and service in addition to your statutory rights

If Someone Else Owns the Phone or Device You Are Using

If you download or stream the Services or use the Site and/or the Joy App using any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or other device.

We May Collect Technical Data about Your Device

By using the Site, the  Joy App or the Services, you agree to Bounty and our Site service providers collecting and using technical information about the devices you use the Services on and related software, hardware and peripherals to improve our products and to provide any services to you.

You may stop us collecting such data at any time by turning off the location services settings on your device settings.

Turning these services off may require us to limit functionality or its effectiveness.

Notifications

You can stop the Site or the Joy App from sending you notifications by turning off notifications in the settings of your device. Turning off notification settings will prevent some of the Site or Joy App features from working.

License Restrictions

You agree that you will:

-  not rent, lease, sub-license, loan, provide, or otherwise make available, the Joy App or the Services in any form, in whole or in part to any person without prior written consent from us.

-  not copy the Site, Joy App, our documentation or content or Services, except as part of the normal use of the Site,  Joy App or where it is necessary for the purpose of back-up or operational security

-  not translate, merge, adapt, vary, alter or modify, the whole or any part of the Site,  Joy App, our documentation, content or Services nor permit the Site,  Joy App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Site, Joy  App and the Services on devices as permitted in these Terms:

-  not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Site, Joy App or our documentation, content or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 508 and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Joy App to obtain the information necessary to create an independent program that can be operated with the Joy App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:

is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and

is not used to create any software that is substantially similar in its expression to Site, Joy  App, our documentation or content or Services; and

is kept secure; and

is used only for the Permitted Objective.

-  comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by Site,  Joy App or content or Services.

Our Responsibility for Loss or Damage Suffered By You

Subject to the provisions below our maximum liability to you and that of our Group companies, contractors and licensors for all or any claims arising from your use of the Site or the Services or any of Bounty’s services shall and whether a single claim or a series of claims  occurring in any period of 12 months shall not exceed the higher of the amount paid by you for the Services (including the price paid for any Bounty products) in the 12 months preceding the claim or £1000 (one thousand pounds)

We are responsible to you for foreseeable loss and damage caused by us

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so

This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property

If defective digital content that we have supplied is proven to have solely damaged a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following reasonable precautions or our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not responsible for events outside our control.

If our provision of any of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.  We will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any service you have paid for but not received.

We May End Your Rights to Use the Services If You Break These Terms

We may end your rights to use the Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.

If we end your rights to use the Services:

You must stop all activities authorised by these terms, including your use of the Services, the Joy App and the Site.

You must delete or remove the Joy  App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.

We May Transfer This Contract to Someone Else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

8. LEGAL DISPUTES

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND BOUNTY HAVE AGAINST EACH OTHER ARE RESOLVED. You and Bounty agree that any claim or dispute that has arisen or may arise between us relating in any way to or arising out of this or previous versions of these Terms, your use of or access to the Site or the Services, or any products purchased through the Site or the Services will be resolved in accordance with the provisions in this Legal Disputes Section.

Which Laws Apply To This Contract and Where You May Bring Legal Proceedings These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you do enter into any legal action outside of England, then you agree without reservation to pay any and all legal costs that we consider appropriate to defend such actions.

If A Court Finds Part Of This Contract Illegal, the Rest Will Continue In Force: Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

9. MODIFICATIONS TO TERMS OF SERVICE

We may change the Terms  at any time for any reason by updating this posting. You are responsible for periodically reviewing these Terms of Services revisions. Changes in the Terms of Services will be effective when posted. If Bounty makes a material change, Bounty will notify you here in these Terms or by any other means we deem appropriate. Bounty may determine, in its sole discretion, in good faith, what constitutes a "material change" using common sense and reasonable judgment. Your use of the Services or the Site after we have modified this posting will constitute your acceptance of any changes.

10 SENDING YOUR JOYALBUM ORDER

10.1 Delivery costs. The costs of delivery will be as displayed to you at point of checkout on our Site . Postage and packing charges are non-refundable.

10.2 When we will provide the products. We will deliver your Joy Album (“Product”) to you as soon as reasonably possible and usually within 30 days after the day on which you pay in full for your Order. Digital products will usually be available to download within 2-3 working days. If you have not received your Order within 14 days of  paying for your Order, please email us at joy@bounty.com.

10.3 We are not responsible for delays outside of our control. If our supply of the Product is delayed by an event outside of our control then we will contact you as soon as possible to let you know, and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Product(s) you have paid for but not received.

11  HOW WE MAY USE YOUR PERSONAL INFORMATION

11.1 Please refer to our privacy policy for information about how we will use your personal information which you can access via this link www.bounty.com/privacy

11.2 Bounty is a member of the Direct Marketing Association and adhere to its code of practice which can be found at www.dma.org.uk.

12. MISCELLANEOUS

Entire Agreement: These Terms, together with our Privacy Policy, and all other operating rules, policies, procedures, and additional terms that Bounty may publish from time to time on the Site, constitutes the entire agreement between you and Bounty concerning your use of the Site and Services and your purchase of the Joy Album. Bounty reserves all rights not granted under these Terms.

Severability: If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms shall remain in full force and effect.

No Agency: You and Bounty are independent contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

No Rights for Third Parties: This contact does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract.

Even If We Delay In Enforcing This Contract, We Can Still Enforce It Later: Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Notice: Except as explicitly stated otherwise, any notice required or permitted by these Terms must be in writing. Any notice to Bounty must be given by email to joy@bounty.com or by postal mail to Bounty, Attention: Legal Department, Bounty (UK) Limited. King's Court, London Road, Stevenage, Hertfordshire, SG1 2NG. Any notice to you may be given: (1) to the email address you provide to Bounty during registration or when your email address changes, in which case notice will be deemed sufficient 24 hours after the email is sent unless the sending party is notified that the email address is invalid; or (2) by registered post, to the last postal  address you provided to Bounty, in which case notice will be deemed sufficiently served two  business days after the  date of posting.

Use & Intellectual Property: (1) Use of the Site,  the Joy App, our documentation or content or Services is by license only and you acknowledge and agree that all copyright, trademarks and all other Intellectual Property Rights in the Site,  the Joy App, our documentation or content or Services (including without limitation  all design, text, graphics and all software and source codes connected with the same (“Bounty IP”) are owned by or licensed to us or otherwise used by us as allowed by law.

(2)  You agree that the content made available as part of your use of the Site, the  Joy App, our documentation or content or Services is made available, on license, for your personal, non-commercial use only. You may not, nor assist any other person or organisation, as to either all or any part of material, content or otherwise, to download, copy, assign, transmit, publish, display, use, reproduce, sell, distribute, store, modify, make derivative works of or create Internet “links” to our Site without our express permission in writing including use of our name and any copyrighted or trademarks content.

(3) Bounty cannot be liable for any breaches or infringements of any copyright, trademark, or other intellectual property rights.

Survival: The provisions of this clause 12  shall survive until termination or expiration of these Terms.

SCHEDULE

(Form – for cancellations by consumers in the UK/EU)

To Bounty (UK) Limited

[INSERT OUR ADDRESS, TELEPHONE NUMBER AND E-MAIL ADDRESS ]

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate