Terms of Use

 

  1. This end-user licence agreement (EULA), privacy policy and conditions of sale, set out the terms on which you may use the “Mr Glue Stories” mobile application software, the data supplied with the software, and the associated media (together, the App) and the digitised electronic content provided through the App, including but not limited to, personalised fictional stories (together, the Digital Content), as well as the Mr Glue Website (the Website) and any printed products purchased (the Printed Products). We may change the terms of this EULA, conditions of sale and our privacy policy at any time by notifying you when you next access the App.

 

  1. The App, the Digital Content, the Website and Printed Products are operated and provided by Chadlington ABC Enterprises Limited (company number: 08433432) of 117 Arlington Road, London NW1 7ET (we, us or our). We, or our licensors, own all rights in the App, the Digital Content, Website and Printed Products (including all intellectual property rights).

 

  1. By downloading the App or clicking on the “Accept” button below you agree to the terms of this EULA, our privacy policy and conditions of sale. In addition, the App is independent of any third party platform on which it is located, so your downloading, installation and use of the App is bound by the terms and conditions of the operator of the relevant platform.

 

  1. To download and install the App you must be 13 years of age or over. If you are under the age of 13 and you wish to download or install the App you must get consent from your parent or guardian to do so and to the terms and conditions of this EULA. In addition, you must be 13 years of age or over if you wish to provide us with User Generated Content (as defined in paragraph 6 below). If you are under 13 years of age, User Generated Content must be provided to us by your parent or guardian on your behalf. In addition, some features of the App may from time to time be age-gated so that they are not available for use by children.

 

  1. We may from time to time seek to charge you fees for your usage of the App and/or your ability to access and be provided with certain Digital Content. We will also charge you for any Printed Products that you create and order via the App. We will notify you in advance of any such fees and will not charge you (or your parent or guardian if you are under 13 years of age) unless you have provided us with your express consent.

 

  1. You hereby grant to us an irrevocable, royalty-free, worldwide assignable, sub-licensable licence to use any material, data or information which you submit to us (User Generated Content) for use on the App, incorporation into the Digital Content, Printed Products and/or for our general marketing purposes, in each case by any means and in any media. You agree that you waive your moral rights to be identified as the author and we may modify any submission that you make. If we wish to commercially exploit Digital Content based on your User Generated Content, we will agree the terms relating to such commercial exploitation with you (or with your parent or guardian if you are under 13 years of age) in advance.

 

  1. We do not warrant that the service from this site will be uninterrupted, timely or error free, as we are constantly innovating in order to provide the best possible experience for our users. You acknowledge and agree that the form and nature of any service and/or products which we provide may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that we may stop (permanently or temporarily) providing any services and/or products (or any features within such services and/or products) to you or to users generally at our sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform us when you stop using the Service.

 

  1. In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on the single device on which it has been downloaded and for your non-commercial use. We reserve all other rights.

  1. You agree not to: (i) copy or redistribute or republish the App or Digital Content including such by framing or other similar or any other means without the express written consent of the Company; (ii) make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs; (iii) use the App, Digital Content, Website or Printed Products in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App; (iv) infringe our intellectual property rights or those of any third party in relation to your use of the App, including the submission of any User Generated Content; and (v) provide any User Generated Content that is unlawful, defamatory, offensive or otherwise objectionable.

  1. Copyright and other relevant intellectual property rights exists on all text, illustrations, Digitalised Content and Printed Products relating to our services and the full content of this App and our Website.

 

  1. You may not create a link to any page of this App without our prior written consent. If you do create a link to a page of this App you do so at your own risk and the exclusions and limitations set out above will apply to your use of this App by linking to it. Nothing in this EULA shall limit or exclude our liability for: (i) death or personal injury resulting from our negligence; (ii) our fraudulent misrepresentation; and (iii) any other liability that cannot be excluded or limited by English law. However, to the extent permitted by law: (a) our maximum liability to you (whether in contract, tort, negligence, misrepresentation or under any other legal head of liability) in relation to your use or inability in use or delay in use of the App and any Digital Content shall be £1 and for Printed Products our maximum liability shall be strictly limited to the net purchase price of the Printed Product you purchased (excluding taxes and delivery costs); and (b) we shall not have any liability to you (whether in contract, tort, negligence, misrepresentation or under any other legal head of liability) for any: (aa) indirect or consequential losses, damages, costs or expenses; (bb) loss of profits (whether direct or indirect); (cc) loss of reputation; or (dd) loss of, damage to or corruption of, data; in each case whether or not such losses were reasonably foreseeable or we had been advised of the possibility of you incurring such losses.

 

  1. Whilst we endeavour to make the App and Website available 24 hours a day, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks.

 

  1. Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

 

  1. Access to the App or specific Digital Content may be suspended or withdrawn from you personally (or from all users collectively) at any time and without notice, and we may also impose restrictions on the length and manner of usage of any part of the App or the Digital Content for any reason.

 

  1. We do not monitor or review the content of other party’s websites or Apps which are linked to or from this App. Opinions expressed or material appearing on such websites or Apps are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

 

  1. We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature.

 

  1. We reserve the right to change these conditions from time to time as we see fit and your continued use of the site will signify your acceptance of any adjustment to these terms.

 

  1. We process information about you in accordance with our privacy policy set out below. By using the App and Website, you consent to such processing and warrant that all data provided by you is accurate.

 

  1. This EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.

 

Conditions of Sale

  1. A) The “Mr Glue Stories App” (the App) enables you to create personalised stories which include a child’s name, chosen characters and other elements, as well as adding recordings and drawings. A professionally printed paperback version of this personalised ebook including the publishing of the drawings contained in the ebook as created in the App, can be ordered via the App as a personalised printed book. (Printed Product).  Due to its personalised nature, each one is unique and each one is made to order.  The EULA and these Conditions of Sale form the standard terms and conditions for the sale of personalised Printed Products on the App by Chadlington ABC Enterprises Ltd (“we”, “us” or “our”).
  2. B) “Mission Cookpossible” is a personalised story-recipe book. Each “Mission Cookpossible” book (Printed Product) is made to order, according to the information provided to us by each purchaser via the website (“the Site”). Due to its personalised nature, each one is unique and each one is made to order. The Conditions of Sale form the standard terms and conditions for the sale of personalised Printed Products on the Site by Chadlington ABC Enterprises Ltd (“we”, “us” or “our”).
  3. The following definitions apply: “App” means the “Mr Glue Stories” mobile application software, the data supplied with the software, and the associated media; “Printed Product” means the unique, personalised printed book sold on the App or through the Site; “Buyer” means the person named on the Order (“you”); “Contract” means the Order and Order Confirmation; “Faulty” means containing a fault or defect; imperfect or defective; “Order” means your order for a Printed Product from the App; “Price” means the price together with postage and packing costs and any applicable taxes in force at the time of the Order, subject to any promotional offer or discount then applicable.
  4. All Printed Products are offered for sale subject to availability and subject to our acceptance of your Order. We reserve the right to reject any order without obligation and to assign any reason for so doing. No Order shall be deemed accepted by us until we have confirmed it unconditionally in the Order Confirmation. The Order confirmation will contain details of your Order, the Price and an estimate of the delivery time for the Order. It is your responsibility to contact us and notify us of any error or mistake with the Order as soon as reasonably practicable. Failure to do so may lead to the incorrect Order being sent out to you.
  5. We endeavour to display and describe as accurately as possible the printed colours on the Printed Products which appear on our App or through our Site, but we cannot undertake to give any assurance that the colours supplied will exactly match those displayed on your monitor, tablet or mobile telephone. All images provided by you in the App and published in your personalised Printed Product will appear in the same form as on the App or on the Site.
  6. The place for the delivery of your Products will be as shown on the Order and the normal method of delivery shall be 1st class postage, unless you have specifically chosen and paid for an express service in which case, the Order will be tracked and delivered by courier.
  7. We will endeavour to process your Order and manufacture your Printed Product within the time period stated for each item. However manufacturing times may vary and any times quoted for the delivery of goods are indicative only. Time for delivery shall not be of the essence of these Conditions of Sale and we will not be liable for any loss or expenses which you may sustain as a result of any delay in the delivery of your Order.
  8. When you receive the Printed Product/s you must inspect them for any defects or non-conformity before signing good condition. If you sign good condition, you are accepting the goods are in an acceptable condition. Any packages not signed for but accepted are considered signed in good condition. If the Printed Products are alleged to be defective or damaged on delivery, you must give a description of the alleged damage or defect in writing at the time of delivery and signed by you or on your behalf. You must be available to accept delivery on the delivery date as the courier will only attempt delivery twice and then the delivery will be returned back to us at your cost. If delivery is refused or returned due to a faulty address, you will be charged a return fee. Risk or damage or loss of your Order will pass to you upon delivery to the agreed address. Notwithstanding delivery and passing of the risk in the Order, property in the Order will not pass from us to you until we have received full payment of the Price and all other sums which are due, owing or payable by you to us in respect of the Order or any other Order between you and us. If you wrongfully fail to take delivery of the Order then we shall be under no obligation to refund the price.
  9. We reserve the right to make delivery of your Order by instalments. If the Order is to be delivered in instalments, each delivery will constitute a separate contract. You may not reject your Order or any part of the Order solely on the basis of short delivery of an instalment.
  10. You shall have the right to cancel an Order only in the following circumstances: (a) if we have failed to deliver the Order within 40 days after the date you placed the Order; (b) in the case of Faulty Printed Products at the earliest opportunity after you have discovered that the fault or defect (provided that You shall be deemed to have inspected the Printed Product as soon as reasonably practicable after delivery and in no case longer than 14 days after receiving the product). If an Order is cancelled under the conditions in a) or b) above, we shall be responsible for all sums paid, including initial and re-delivery charges (if any) in respect of the Order in question.  Notice of wish to cancel must be made by email to hello@mrgluestories.com
  11. For the avoidance of doubt, save in respect of Faulty or defective Printed Products, nothing in these Conditions of Sale shall give you rights of cancellation in regard to the Printed Products, which, by their nature, have been made to your specification or clearly personalised. You must return any Printed Product to us in its original packaging (which you should retain for this purpose).  Nothing in this clause affects your statutory rights.
  12. To place an order for a personalised Printed Product you will need to follow the order procedure set out on the App. Details of the price payable in respect of any Printed Product and the procedure for payment are displayed on the App. By placing an order via the App, you indicate an offer to buy the Printed Product and acceptance of these End-User Licence Agreement and Conditions of Sale. All orders are subject to acceptance by us and we are entitled to refuse any order placed by you. We will provide written receipt of your order in the App when placing your order, but such receipt will not constitute our acceptance of that order. We indicate our acceptance of your offer when we have received full payment from you and send you an email confirmation, at which point a contract is formed. Any times or dates stated for delivery are estimates only. We will make reasonable efforts to deliver goods within the time specified, but we do not accept liability for any failure to deliver within that time.
  13. Upon placing your order, you acknowledge that we may review your Order, and the Content it contains, for adherence to our guidelines and compliance with these Conditions of Sale and that we may refuse to process an order where we believe that the Content is in breach of these Conditions of Sale and our guidelines. These guidelines prohibit content which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience.
  14. Once full payment has been received we will start to process your order and create your personalised Mr Glue Stories book. Please note:In order to provide a fast service some Printed Products are immediately sent for production. Please check your personalised ebook on the App before submitting your Order as we cannot refund Printed Products which have been miss-spelt. Once we have started to make your Mr Glue Stories book your Order cannot be cancelled. We require payment for the Mr Glue Stories book in full before such book is made and shipped. If we are unable to fulfil an order after accepting payment we may refund your money and cancel the contract.
  15. We may revise, discontinue or modify products or services at any time without prior notice to you and products may become unavailable without notice. We shall have no liability of any kind if any product or service is not available.
  16. You undertake that all details you provide to us for the purpose of purchasing Printed Products via the App or Site will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any Printed Products. If payment is not received in full, we will be under no obligation to deliver the Printed Products.
  17. Payment for all Printed Products will be made via Stripe Inc., a third party provider payment service. You will be required to submit your payment details to such third party provider and you may also be required to accept additional terms and conditions in relation to the use of that service. We cannot accept, and hereby exclude to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of such third party payment provider.
  18. We may change the price of any Printed Product before you place an Order. Despite our best efforts, some of the Printed Products listed on the Site may be incorrectly priced or the price may increase between your Order and our acceptance of your Order. We will normally verify prices as part of the dispatch procedures so that, where a Printed Product’s correct price is less than the stated price, we will charge the lower amount when dispatching the Printed Product to you. If a Printed Product’s correct price is higher than the price stated on the App, we will normally, at our discretion, either contact you for instructions or reject your order and notify you of such rejection so that you can then re-order at the correct price if you wish.  If a pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing we are under no obligation to provide the Printed Product to you at the incorrect (lower) price.
  19. Prices include VAT and all other taxes and/or import duties where applicable. Postage and packaging prices are shown separately and are determined by the destination country.
  20. This agreement shall be made under the laws of England and subject to the jurisdiction of the courts of England and Wales.

 

 

November 2015