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OurVibes

Terms and Conditions


These Terms (“Terms”) apply as between you and OurVibes LTD of 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ (“OurVibes”, “we”, “us” or “our”). These Terms together with our Privacy Policy (both App and Website), Cookies Policy, and Terms of Service tell you information about us and the terms (“Terms”) on which we sell any of our animated augmented reality cards (“Products”) to you.

 

These Terms will apply to any contract between us for the licensing of Products to you ("Contract"). Please read these Terms carefully and make sure that you understand them, before ordering any Products from us. By ordering any of our Products, you agree to be bound by these Terms and the terms contained within and the other documents expressly referred herein.
 

  1. ACKNOWLEDGMENT

    1.1.    Augmented reality is a modern technology and some old phones cannot support this technology. Prior to making a purchase please ensure that your phone has the ability to use augmented reality features.

    1.2.    The following serves as a guide and it remains your responsibility to ensure that your Phone has the ability to use augmented reality features.
                   1.2.1. Apple products, after the iPhone 6s (iOS higher than) all devices are supported.
                   1.2.2. Android-supported devices please check the Device list (table) from the link below:  https://developers.google.com/ar/devices

    1.3.    You acknowledge that it is your responsibility to confirm and determine that the end-user device satisfies the technical specifications required. OurVibes shall not be liable for your failure to verify that the end-user device satisfies the technical specifications required.

     

  2. INTELLECTUAL PROPERTY

    ​2.1.    All Content included on the website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of OurVibes, our affiliates or other relevant third parties. By continuing to use the website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
    ​
    2.2.    You may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the Website or unless given express written permission to do so by OurVibes.
     

  3. OWNERSHIP AND LICENCE

    3.1.    OurVibes is and remains the exclusive owner of all right, title, and interest (including copyright, patent, trade secret and other proprietary rights) in and to the Products. Nothing in this Agreement will be construed as granting you any title or interest in or to the Product. You agree not to contest the validity of OurVibes’s rights or to perform any act adverse to OurVibes’s rights.

    3.2.    Subject to your payment obligations, OurVibes hereby grants to     you a limited, non-exclusive, non-sublicensable, non-commercial use licence to access the Product according to the provisions contained herein.
    ​
    3.3.    You acknowledge and agree that any ideas, enhancements, improvements, additions or modifications to the Products suggested by you, and any and all Intellectual Property Rights contained therein, will become OurVibes’s property, and you assign and agree to assign any and all right, title, and interest to any rights in such suggestions to OurVibes.

    3.4.    The Products are protected by copyright and other intellectual property laws and treaties. OurVibes owns the title, copyright, and other intellectual property rights in the Product. The Product is licensed, not sold.
     

  4. BASIS OF ORDER AND ACKNOWLEDGEMENT

    4.1.    The Contract is subject to these Terms to the exclusion of all other Terms (including any Terms you purport to apply in any Contract).

    4.2.    You represent that you are at least 18 years of age, and if you live in another state or country, you are of the age necessary to enter into contracts according to the laws of your home state or country.

    4.3.    A Contract shall not be effective until we have issued written acknowledgement and acceptance of such Contract (notwithstanding any earlier confirmation of receipt).

    4.4.    We may in our sole discretion decline any purchase order placed by you. No change or modification of the Contract shall be allowed after acceptance by us unless accepted in writing by us. If there is any conflict between the prices indicated online and our acknowledgement of the Contract, then the latter shall take precedence.
     

  5. PRODUCTS DESCRIPTIONS AND PRICES

    5.1.    We do our best to ensure that the information about our Products is accurate and up to date. However, we do not guarantee that there will be no errors in the description and/or pricing of the Products, or that Products will always be available if you wish to place an Order to purchase them. Also, the colours you see on your screen may depend on your computer system and settings, so we cannot guarantee that your computer will accurately display such colours.

    5.2. We reserve the right to modify the information about Products displayed on our website, including as regards prices, description and availability. However, such changes will not affect Orders for which you have already received an Order Receipt email.
     

  6. USER CONTENT

    6.1.    We permit you to share and submit content etc. but you are solely responsible for the content provided by you. You retain full ownership of all of your content and any intellectual property rights, or other proprietary rights associated with your content. You expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your content.

    6.2.    When sharing and submitting content, please do not share and submit content that​

        6.2.1    contains ill-mannered, profane, abusive, racist, or hateful language or expressions, text, photographs, or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial, or religious nature.
        6.2.2    is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains exaggeration or unsubstantiated claims.
        6.2.3    violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community
        6.2.4.    discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, or disability, or refers to such matters in any manner prohibited by law.
        6.2.5.    violates or inappropriately encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance.
        6.2.6.    sends repeated messages and/or makes derogatory or offensive comments about another individual or repeats the same message under multiple emails or subjects.

    6.3. We have the right to delete any content uploaded from our Server if, in our opinion, it does not comply with the content standards set out.

    6.4. If you see any content or activity that you feel is offensive or objectionable, please share your views with us using support@ourvibesapp.com and we will review it to address your concerns within 24 hours of your report.
     

  7. WHEN ORDERS ARE NOT ACCEPTED

    7.1. While we do our best to always accept Orders, we could however refuse an Order in certain cases, for example if:
        7.1.1.    you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information;
        7.1.2.    we discover that there was an error on our website relating to the Products you ordered, for example as regards the price or description displayed the Products you ordered are unfortunately out of stock or no longer available;
        7.1.3.    we have reasonable grounds to believe that you intend to resell the Products.

    7.2.        If we cannot accept your Order we will contact you by email as soon as possible but in any case no later than 30 days from the date of your Order.

    7.3.    If we cannot accept your Order because the Products are no longer available, or because of an error in the price and/or other information on our website, we will refund you any money you may have already been charged for such Products.
     

  8. CANCELLATION OF ORDERS

    8.1.    OurVibes reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. OurVibes may do this for example, but without limitation, where:

        8.1.1.    an event beyond OurVibes ’s control, such as storm, fire, flood or failure of computer systems, means that OurVibes is unable to supply the Products within a reasonable time;
        8.1.2.    Products ordered were subject to an error on the website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted; or
        8.1.3.you ask OurVibes to cancel your Order.

    8.2.    When we cancel your Order after acceptance, we will send you an email notifying you of cancellation.
     

  9. REFUNDS AND RETURNS

    9.1.    OurVibes provides digital Products as such provided access details to access our animated augmented reality cards are immediately viewable and usable. Therefore, the following apply
        9.1.1.    All Sales Are Final. We do not offer refunds under any circumstances.
        9.1.2.    No Returns or Exchanges. We do not offer any kind of returns or exchanges.

    9.2.    In the unlikely event that you are experiencing or have experienced a technical error on our website or app, please contact us with details and images of your experience so we can investigate the error and determine if a refund is owed to you.

  10. AVAILABILITY OF PRODUCTS

    10.1.    OurVibes cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Products may be unavailable.

    ​10.2.    OurVibes reserves the right to withdraw or suspend from sale any Products displayed on the website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the UK's Consumer Protection Regime), OurVibes will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Products at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
     

  11. DELIVERY AND PERFORMANCE

    11.1.    Delivery of the Product shall be made to the e-mail address and account specified in the accepted Order.

    11.2.    Our rights and remedies set forth herein are in addition to and shall not in any way prejudice, limit or restrict any of our other rights or remedies under the Contract or in law or equity. We shall be entitled to maintain an action against you for the price of the Product notwithstanding that legal, equitable and beneficial title to and property in the Product has not passed to you.
     

  12. CHARGEBACKS
         You agree to contact OurVibes prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any Transaction. If you make a card payment through OurVibes, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and or pursue legal action as the case may be.
     

  13. EXCLUSION AND LIMITATION OF LIABILITY

    13.1.    These Terms set out our entire liability (including any liability for the acts or omissions of our sub-contractors) in respect of the Product supplied by us and any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.

    13.2.  Nothing in these Terms shall exclude or limit our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation or for any liability that cannot legally be excluded or limited.

    13.3.    In no event shall we be liable for: (i) any loss of anticipated profits; (ii) any loss of actual profits, (direct or indirect); (iii) any loss of anticipated savings; (iv) any loss of business or revenue; (v) any economic loss of whatever nature; (vi) any indirect, special or consequential loss or damage, or punitive or exemplary damages, howsoever caused; (vii) any loss arising as a result of any third party bringing a claim of any nature whatsoever; and/or (viii) any loss resulting from use, application of or results obtained from any software incorporated into the product. 

    13.4.     We shall not be liable for any such loss whether or not any such loss or damage was foreseen, direct, foreseeable, known or otherwise. Our total aggregate liability arising out of or in connection with the performance or contemplated performance of the contract whether for negligence or breach of contract or for any cause whatsoever shall in no event exceed the price paid by you for the product giving rise to your claim.

    13.5.    To the extent permitted by law, the period in which any claim arising out of or related to the contract must be brought is limited to one year from the date that such claim or cause of action is discovered or should have been discovered with the exercise of due diligence, and no claim may be brought after the expiry of this agreed limitation period.

     

  14. ACCURACY OF BILLING AND ACCOUNT INFORMATION

    14.1.    We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

    14.2.    You agree to provide current, complete and accurate purchase and order information for all purchases made at our store.

    14.3.    You agree to promptly update your order information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
     

  15. PRIVACY

    15.1.        For the purposes of applicable data protection legislation, OurVibes will process any personal data you have provided to us in accordance with our Privacy Policy.

    15.2.    You agree that, if you have provided OurVibes with personal data relating to a third party (i) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to OurVibes and (ii) that you have brought to the attention of any such third party our Privacy Policy.

    15.3.    You agree to indemnify OurVibes in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
     

  16. DISCLAIMERS

    OurVibes makes no warranty or representation that the Products will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Products.
     

  17. NO WAIVER

    In the event that any party to these Terms fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
     

  18. PREVIOUS TERMS

    In the event of any conflict between these Terms and any prior versions thereof, the provisions of these Terms shall prevail unless it is expressly stated otherwise.
     

  19. NOTICES

    All notices shall be given to us by email to support@ourvibesapp.com. Such notice will be deemed received the day of sending if the email is received in full on a working day and on the next working day if the email is sent on a weekend or public holiday.
     

  20. SEVERANCE

    Every effort has been made to ensure that these Terms adhere strictly with the relevant legal provisions. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining Terms. This term shall apply only within jurisdictions where a particular term is illegal.
     

  21. LAW AND JURISDICTION

    These Terms and the relationship between you and OurVibes shall be governed by and construed in accordance with the Law of England and Wales and OurVibes and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
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Effective Date

Saturday, 29th of July, 2023

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