Conditions of use

TERMS AND CONDITIONS OF USE

My Top Trumps is an online service operated by Personalise Products Ltd (“we, us, our or The Seller”,  trading as My Top Trumps) to you ("The User, you, your").

TERMS AND CONDITIONS

These terms and conditions apply to all and any use, access and availability of our site and the purchase of all Products. In these terms and conditions:

  1. “our site” means the online service, website, content and services available at or using www.mytoptrumps.com, all User Content and all related software programs and materials;
  2. “User Content” means any content, creations, materials, postings, data, messages and communications sent, posted, made available or otherwise communicated to us (or other users) by you (or other users), from or by using our site, but excluding where those things originate from us such as our own content that is repostedby you; and
  3. Products meansthe things you can buy through the site (for example; a personalised card pack).

By using our site you accept, understand and are able to accept these terms and conditions and agree to be bound by these terms and conditions. If you don’t accept or understand these terms and conditions you shouldn’t use or access our site.

You must be 13 years or over in order to use our site. If you’re under the age of 18 years and don’t understand these terms and conditions please ask a parent or guardian to explain them to you.

We may make alterations to these terms and conditions from time to time and these variations shall apply to you immediately upon being accessible from http://www.mytoptrumps.com/t/ConditionsOfUse.

REGISTRATION, ACCOUNT AND PASSWORD

You may need to register an account in order to use certain features of our site, including setting up a Username and Password.

The Username and Password chosen by you and issued to you are personal to you so that you can use and access our site, and must not be disclosed to any person without our prior written consent from us.
You agree, accept and understand that:

  • you must ensure that all information held about you by us is up to date and that you can amend your registration details at any time through our site;
  • you are responsible for keeping your Username and Password confidential;
  • you are solely liable for any use of our site using your Username and Password whatsoever.

Please don’t share your Username or Password with any other person, or allow any other person to use your account. We can’t be liable for any improper use of your login ID, Username, Password, account or any use by any third-party. If you think your login ID, Username, Password, or account have been compromised in any way you must inform us immediately and we’ll do our best to help.

SITE RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS

 “Intellectual Property Rights” means all ownership rights and interests in copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks(whether registered or unregistered) and any applications therefore and other similar right.

All Intellectual Property Rights in our site, its underlying software and technology and the Products available through it belong to and vest in us, or are licensed to us.

Subject to these terms and conditions you may use our site for your private, non-commercial, personal use only. You may not transfer, sub-license or deal in this right without our prior written permission.

These terms and conditions and the rights granted by them do not give you any title or rights of ownership in our site, any Products (except to the extent they include your User Content) or any User Content other than your own, and should not be deemed a sale or transfer of any copyright or other right.

We don’t claim any Intellectual Property Rights in anything that we shouldn’t. The Intellectual Property Rights in all your User Content, therefore, belong to you to the extent that you should own it because it is your own original creation and not a substantial copy or derivative of someone else’s work. You, however, agree that we may use, publish, edit, modify and adapt your User Content for any and all purposes relating to our site and our business, and you hereby grant us a non-exclusive, perpetual, unrestricted right and licence and all necessary permissions, consents and licences required for us to use your User Content and Intellectual Property Rights in it, in that way. Please also note the terms applicable to User Content below.

However, these terms and conditions and the rights and obligations contained in them do not affect any specific statutory exceptions or rights (including so-calledfair use or fair dealing rights) that you would otherwise ordinarily be entitled to exercise by ordinaryoperation of applicable law.

All our Intellectual Property Rights are asserted and reserved. All third-party trade names and trademarks are held by their respective owners and we make no warranty or representation in relation to them. We do not claim any right or interest in any third-party User Content.

RESTRICTIONS AND OBLIGATIONS

You agree to comply with these terms and conditions and all rules applicable to the use of our site.

Therefore you agree not to:

  • hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of any software contained in or used for our site;
  • use or deal in our site except as permitted by these terms and conditions;
  • include contact details intended to enable communication outside of our site, in any User Content;
  • use your access to our site, or information gathered from it, for the sending of unsolicited bulk email;
  • make any commercial use of our site without our prior written permission;
  • make our site or any part of it available to any third party except with our prior written consent;
  • delete or obscure any copyright or other proprietary notice on our site.

USER CONTENT

Our site is a card personalisation service and ancillary to this we are involved in the transmission, storage, retrieval and dealing with third party User Content without review, selection or alteration of their content.

The views expressed in any User Content are the views of the individual authors and not our views,unless specified otherwise by us.

We are not responsible for and disclaim all liability in respect of any comments, views or remarks expressed in any User Content.

By using our site, you acknowledge that we have no responsibility to review any User Content and that all User Content is made available on the basis that we are not required to and do not exercise any control or judgement of its content.

Notwithstanding the foregoing, we shall be entitled to remove or reject any User Content and remove or suspend your ability to make or access User Content.

You agree and undertake that you will not make available any User Content or post to or transmit toour site any statement or material, nor use our site in any way, that:

  • is unlawful or which gives rise to civil or criminal liability;
  • promotes any illegal or unlawful activity;
  • infringes any copyright or other intellectual property rightof any third party or knowingly assists infringement;
  • includes any computer virus, worms, logic bombs or other malicious software or technically harmful data;
  • is abusive, immoral, inappropriate, defamatory, discriminatory, obscene hateful or inflammatory;
  • promotes or contains discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • be likely to harass, upset, embarrass, alarm or annoy any other person;
  • interferes with another user’s use and enjoyment of our site;
  • impersonates any moderator, administrator or any staff or other persons connected with us;
  • infringes upon or violates any third party’s rights, including but not limited to intellectual property rights, rights of privacy, including unauthorised disclosure of a person’s name, e-mail address, physical address or phone number, and/or rights of publicity;
  • includes restricted / password protected content or materials;
  • exploits any other person;
  • solicits passwords or personal information;
  • contains video, photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
  • contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
  • solicits, invites,encourages, advocates, incites or provokes any or all of the foregoing.

If you discover any material which you believe contravenes these terms and conditions, please contact us with details of the page you found it on.

We reserve the right at any time with or without the User's prior consent and without liability to the User in that regard to delete from the mytoptrumps.com website all personal information, data, text, files, images and all other materials of the User and to prevent the User from obtaining access to any such data. In particular, it is the policy of the Seller to reject any materials which, at the Personalise Products Ltd’s sole discretion, it considers to be obscene, in bad taste or in any other way inappropriate (whether or not to print such materials would be illegal or unlawful).

By using our site you agree that, if necessary, we’ll communicate with you via the email address you’ve provided to us. Where we are able to, we’ll allow you to opt in and out of certain types of emails. Notices that are applicable to all our customers shall be made available on our website. You will be deemed to have received a notice at the time the email is sent or the time the notice is posted on our website.

All emails sent by us and any attachments are intended for the addressee only.

LIABILITY

We provide and maintain our site for personal entertainment on an “as is” basis and are liable only to provide its services with reasonable skill and care.

We give no other warranty in connection with our site and to the maximum extent permitted by law, we exclude liability for:

  • any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which we have been made aware of;
  • the accuracy, currency or validity of information and material contained within any User Content or on site;
  • any interruptions to or delays in updating our site;
  • any incorrect or inaccurate information on our site;
  • the infringement by any person of any copyright or other intellectual property rights of any third party through any User Content or use of our site;
  • the availability, quality, content or nature of External Sites;
  • any transaction involving External Sites;
  • any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading our site, or any User Content;
  • all representations, warranties, conditions and other terms and conditions which but for this notice would have an effect.

We do not warrant that the operation of our site will be uninterrupted or error free.

Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.

ERRORS

IMPORTANT: We try very hard to ensure that all information on this site is accurate. However, just occasionally, an error can occur.

If we discover an error that affects you, we will notify you as soon as possible.

In those circumstances, we reserve the right to cancel or suspend a transaction until the error is corrected and will use all reasonable efforts to ensure the same error does not reoccur and that it is rectified as quickly as possible.

We may cancel any Order or sale and not supply the applicable Product if it is reasonable to do so (including without limitation in the event of mistake). We may also change or discontinue the availability of any Products at any time in our sole discretion.

PRICE AND PAYMENT

Payment is due from the moment an Order is accepted.

Payment may be made as set out on the payment page of our site, by credit card, debit card or any other such method as we may introduce in our sole discretion.

We aim to debit money from your account within three working days after receiving your Order.

We reserve the right to accept or refuse any payment made in any form.

You will not be charged for any Orders that cannot be fulfilled and where appropriate we will re-credit to your account any sum debited by us. We cannot guarantee that a particular Product will always be available.

Credit/debit card details will be encrypted to minimise the possibility of someone being able to read them as they are sent over the Internet. Please refer to our privacy policy regarding use of your data (including credit card data).

Your credit card company may also do security checks to confirm it is you making the Order.

Your statutory rights are unaffected by these terms and conditions.

MULTIPLE PROMOTIONS AND VOUCHER CODES

Where you have a valid promotion code, the following additional terms and conditions apply:

  • When more than one promotion is running at the same time – the highest value offer only will be valid. Not in conjunction with any other offer.
  • Discounts will only be available on Order values over the amount stated in the applicable promotion.
  • Discounts are only valid until the date published.
  • Discounts are only redeemable for purchases made on our site.
  • Discounts are not refundable.
  • Only one discount may be used per customer per transaction.
  • We reserve the right to end any discounts at any time including prior to the advertised end date without notice.

GENERAL

These terms and conditions are subject to your statutory and common law consumer rights and shall not limit any rights you might have that may not be excluded under applicable law nor shall it exclude or limit our liability for death or personal injury resulting from neither our negligence nor any fraudulent representation.

Without limiting to any other rights we may remove, restrict, cancel or suspend access to and use of our site and any part of it,if we consider (in our sole discretion) that you have breached of any of these terms and conditions.

These terms and conditions constitute the entire agreement between you and us and shall apply to the exclusion of all other terms and conditions or conditions of contract which you may propose.

Use of the word “including” in these terms and conditions means including without limitation.

Failure to enforce any of these terms and conditions will not be deemed a waiver of any term or right.

If any part of these terms and conditions is found to be unenforceable, it will be construed as far as possible to reflect the intention and the remainder of the provisions will remain in full force and effect.

Our site is intended for and directed at the United Kingdom and no representation or warranty is made as to whether our site complies with the regulatory regime and local laws of any other country.

Use of our site and these terms and conditions are subject to the laws of England which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use and shall be construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.