Terms of Service

These Terms of Service govern your use of SendPhotoProof, our website located at https://sendphotoproof.com, and any related services provided by Partemfructus Limited.

When you create a SendPhotoProof account or use SendPhotoProof, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from further using the app or using any other services provided by Partemfructus Limited.

If you access or download SendPhotoProof from (1) the Apple App Store, you agree to any Usage Rules outlined in the App Store Terms of Service; and/or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

We, Partemfructus Limited, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page and notify you through the app and/or the email address you provided when you created your account. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on August 20, 2024.

Limitations of Use

By using SendPhotoProof and our website, you warrant on behalf of yourself, any entity you represent who has entered into these Terms of Service, and your users that you will not:

• modify, copy, prepare derivative works of, decompile, or reverse engineer SendPhotoProof or any materials and software contained within SendPhotoProof or on our website;
• remove any copyright or other proprietary notations from SendPhotoProof or any materials and software contained within SendPhotoProof or on our website;
• transfer SendPhotoProof or any of its associated materials to another person or "mirror" the materials on any other server;
• knowingly or negligently use SendPhotoProof or any of its associated services in a way that abuses or disrupts our networks or any other service Partemfructus Limited provides;
• use SendPhotoProof or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
• use SendPhotoProof or its associated services in violation of any applicable laws or regulations;
• use SendPhotoProof to send unauthorised advertising or spam;
• harvest, collect, or gather user data without the user’s consent; or
• use SendPhotoProof or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

The intellectual property in the materials in SendPhotoProof and on our website are owned by or licensed to Partemfructus Limited. You may download SendPhotoProof to view, use, and display the application on your mobile device for your personal use only.

This constitutes the grant of a licence, not a transfer of title. This licence shall automatically terminate if you violate any of these restrictions or these Terms of Service and may be terminated by Partemfructus Limited at any time.

Registration and Payments

To access the full capabilities of SendPhotoProof, users must create an account on our platform. It is imperative that all information provided during the registration process be accurate and kept up-to-date. Users are obligated to safeguard their account credentials and are solely responsible for any activity that occurs under their account. In the event of unauthorised access, users must notify Partemfructus Limited immediately. We are not liable for losses or damages arising from users' failure to maintain the security of their account information.

When setting up your account, you will be asked to provide financial information relevant to your selected method of payment. This may include, but is not limited to, credit card details for payment processing through PayPal, Stripe, Google Payments, or Apple Pay. Partemfructus Limited does not process or store financial information as all transactions are handled directly by these third-party payment processors. Users must comply with the respective Terms of Service of these processors, which govern the handling of all financial information.

Our pricing model is clear and straightforward, detailed on our pricing page, with no hidden charges. Users can choose from a range of service plans designed to accommodate different operational volumes and needs. Users are responsible for ensuring their payment information remains accurate to prevent any service interruptions.

It is the user's responsibility to ensure that all payment activities comply with the laws applicable in their jurisdiction. Partemfructus Limited reserves the right to modify the accepted methods of payment or terms related to payment processing and will communicate any such changes through standard channels of notification.

Real-Time Tracking

We offer real-time tracking for all deliveries, allowing users to monitor the status and location of each parcel and delivery personnel through our platform. While we strive for accuracy, Partemfructus Limited is not liable for any errors in tracking information caused by technical issues or incorrect data provided by users.

User Responsibilities and Conduct

Users must not misuse the services provided by SendPhotoProof. This includes refraining from unauthorized access, interference with operations, or any actions that impose an unreasonable load on our infrastructure. Users are responsible for the accuracy of the data they input, including delivery details and contact information. Compliance with all relevant laws about data privacy, international communications, and export data is mandatory.

Automatic Updates

You give us permission to download and install updates to SendPhotoProof on your device to your privacy preferences. This permission can be revoked at any time by deleting SendPhotoProof from your device.

Liability

SendPhotoProof and the materials available through our website and app are provided on an 'as is' basis. To the extent permitted by law, Partemfructus Limited disclaims all warranties, both express and implied. This includes but is not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property rights.

Under no circumstances shall Partemfructus Limited or its suppliers be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from the use or inability to use the SendPhotoProof services or materials. This includes but is not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, even if Partemfructus Limited has been advised of the possibility of such damages.

Specifically, Partemfructus Limited will not be liable for any disruptions or errors that may affect the delivery, tracking, or management of parcels. Additionally, Partemfructus Limited is not responsible for losses or damages resulting from unauthorized access to user’s accounts, data, or the unauthorized use of our services.

The definition of "consequential loss" under this agreement includes, but is not limited to, loss of profits, revenue, savings, business, use, data, goodwill, or reputation, whether in contract, tort (including negligence), equity, indemnity, or otherwise. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Accuracy of Materials

The materials provided on SendPhotoProof and its associated platforms, including the website and app, are intended for general information purposes only and may not encompass all details necessary for decision-making in delivery management. Partemfructus Limited makes no representations or warranties, express or implied, as to the completeness, accuracy, reliability, suitability, or availability of the content or data found or offered on SendPhotoProof for any purpose. Hence, reliance on such information is strictly at your own risk.

While we strive to provide real-time updates and accurate data concerning parcel tracking, delivery status, and operational management, users should understand that the information may not always reflect the most current conditions due to delays in updates or errors in data transmission. As such, we recommend consulting directly with service representatives or using additional sources of information when making critical delivery or logistic decisions.

Partemfructus Limited reserves the right to modify, revise, or update any information on SendPhotoProof without prior notice. It is the responsibility of the users to regularly review the materials posted to stay informed of any changes. We will not be liable for any discrepancies that arise from the use of outdated or unrevised information nor for any consequences that occur as a result of changes made to the materials provided on our platforms.

Additional Tools

Please note that our app may include third-party tools which are outside of our control. The access to said tools is provided on an 'as is' basis with no warranties, expressed or implied, and without any endorsement. We are not liable for the use of the third-party tools provided on our app. You are solely responsible for any risks associated with using said tools, we recommend reading the relevant third-party provider’s Terms of Service. Partemfructus Limited has the right to offer new third-party tools in the future.

Links

Partemfructus Limited has not reviewed all of the sites linked to SendPhotoProof or on its corresponding website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by Partemfructus Limited of the site. Use of any such linked website is at your own risk and we strongly advise you make your investigations concerning the suitability of those sites.

Inaccuracies and Mistakes

Please note that any content available on our app may contain typographical errors, inaccuracies, or mistakes related to the service’s description, pricing, promotion, and availability. We have the right to cancel or update any existing services should any information provided by us be proven inaccurate. Said information can be amended at any time without prior notice. Please note that we are not obligated to clarify any of the information related to our service, including pricing information, except as required by law.

Service Availability

Please be aware that SendPhotoProof, while generally accessible, may have periods of unavailability. We reserve the right to disable the service from time to time to perform necessary tasks such as scheduled backups, maintenance, or system upgrades, aimed at enhancing your user experience and ensuring the optimal performance of the app.

Although we strive to notify our users in advance of any substantial downtime, please understand that some situations may necessitate urgent maintenance. In such extreme cases, we may need to disable the service immediately and without prior notice. We appreciate your understanding and patience during these periods, as we work diligently to ensure the consistent quality and reliability of SendPhotoProof.

Notice regarding Apple

To the extent that you are using or accessing SendPhotoProof on an iOS device, you acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Service are between you and Partemfructus Limited only, not with Apple Inc. (Apple), and Apple is not responsible for SendPhotoProof and any materials available in SendPhotoProof.

Apple has no obligation to furnish you with any maintenance and support services concerning SendPhotoProof.

If SendPhotoProof fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever concerning SendPhotoProof and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to SendPhotoProof or your use of SendPhotoProof, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

You agree to comply with any applicable third-party terms when using SendPhotoProof, including any Usage Rules outlined in the Apple App Store Agreement of Service.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service and, upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms of Service.

You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a 'terrorist supporting' country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of (1) your contributions; (2) use of the app; (3) breach of these Terms of Service; (4) any breach of your representations and warranties outlined in these Terms of Service; or (5) your violation of the rights of a third party, including but not limited to intellectual property rights.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Right to Terminate

We may suspend or terminate your SendPhotoProof account and right to use SendPhotoProof and these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Entire Agreement

These Terms of Service and any policies or operating rules posted by us on the website or concerning the website or app constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the app. You agree that these Terms of Service will not be construed against us by having drafted them. You now waive any defences you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

Governing Law

These Terms of Service are governed by and construed by the laws of the United Kingdom. You irrevocably submit to the exclusive jurisdiction of the courts in that location.