Your Past Memories Customer Terms and Conditions

Acceptance of terms.
These provisions (including the Privacy Policy, together with any other documents referred to in these provisions) set out the terms and conditions on which you may make use of the Your Past Memories website (the “Site”) or our mobile application service (the “App”) (together the "Service"), whether as a guest or registered user ("Customer Terms").
We may update these Customer Terms (and the documents referred to in them) and any aspect of the Service from time to time and will notify such changes to you by uploading details of them on the Site. You should review the Customer Terms periodically for changes. By using the Site you agree to be bound by these Customer Terms. If you do not agree to these Customer Terms then please do not use the Services or any part of them.

  1. About us.
    The Services are operated by Your Past Memories Limited ("we", the “company”). We are registered in England and Wales under company number 10664791 and with our registered office address at Marlborough House, 48 Brandon Parade, Royal Leamington Spa, CV32 4XP. Our VAT number is 265349188.
  2. Accessing our Service.
    We reserve the right to amend the services we provide through the Site without notice. We will not be liable if for any reason any of the Services are unavailable at any time or for any period.
    From time to time, we may restrict access to any or all of the Services, to users who have registered with us. Any personal data and other information provided by you is processed by us in accordance with our Privacy Policy. By providing any such personal data or other information you agree to the terms of our Privacy Policy.
    If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Customer Terms.
    It is your responsibility to ensure that all information (including your name and address) you upload to the Site, is correct and accurate. Ensure that you check all information before making a purchase.
  3. Use of the App.
    (a) We grant you the right to use the App only for your personal use on a product that you own or control. You may not: (a) modify, copy, publish, license, sell or otherwise commercialise the App or any information or software associated with it; (b) rent, lease or otherwise transfer rights to the App; or (c) use the App in any way that could impair our Site or Service in any way or interfere with any party’s use or enjoyment of our Site or Service.
    (b) Neither we nor any of our licensors or service providers has any obligation to provide any maintenance and support services with respect to the App or any other part of the Service.
    (c) In using the App, you confirm that you have agreed to the applicable Terms and Conditions relating to such use with your product provider.
    If you breach any of these Customer Terms, your right to use the Site and/or Service will cease immediately and you must, at our option, return and/or destroy any copies of the content you have made.
  4. Intellectual property rights.
    We own, or are the licensee to, all right, title and interest in and to the Service, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the App or any other part of the Service.
    You must not extract or otherwise use any of the content on the Site and/or Service for commercial purposes without obtaining a licence to do so from us or our licensors.
  5. Prevailing Customer Terms.
    You should carefully review the Customer Terms, the email confirmation of your order and the applicable details on the product page in relation to the order. If there is any conflict or inconsistency between these Customer Terms and the email confirmation of your order or the applicable details on the product page, these Customer Terms shall prevail to the extent of the conflict or inconsistency.
  6. Disclaimer of Warranties and limitation of liability.
    (a) To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Service.
    (b) The Site and App are provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.
    (c) You download and use the App at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the App.
    (d) Neither we nor our licensors are liable to you or any user for any use or misuse of the App. Such limitation: (a) includes direct damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages); (b) includes indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages); (c) applies whether damages arise from use or misuse of and reliance on this App, from inability to use the App, or from the interruption, suspension or termination of the App (including any damages incurred by third parties).
    (e) Nothing in these Customer Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
  7. Payment methods.
    Purchases for our products/services may only be paid for using the payment methods we make available from time to time through our payment facility or by redeeming vouchers against us to put towards your purchase of products/services on the Site. In respect of all payment methods including vouchers, we acknowledge and agree that the valid payment by you to us or redemption of a voucher for the purchase of item(s) between you and us will satisfy your obligation to pay us for the relevant item(s) and consequently, any debt obligations owed by you to us the purchase of such items shall be extinguished at that time. You acknowledge that these Customer Terms, and/or any transaction made by you via YourPastMemories.co.uk, do not create or imply any partnership, joint venture or trust relationship between you and us. All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currencies displayed do not vary according to your location; delivery charges will vary depending on the destination to choose to have the item delivered. For delivery destinations within the EU prices include VAT or other sales taxes where applicable. For delivery destinations outside the EU, prices do not include VAT or other sales taxes.
    Special Terms and Conditions may apply to vouchers, see below for such conditions.
  8. Refusal of transaction.
    We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
  9. Delivery arrangements.
    Your shopping basket on the Site displays the products/services you have chosen and details of postage and packing. Any delivery times quoted are in working days.
  10. Import regulations and duty.
    If you order products/services from our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
  11. Returns.
    If you wish to discuss or organise a return, exchange or refund of any item purchased through the Site, please contact us on 01926 810604. Our Returns and Refunds Policy can be found on our Site. 
  12. Links.
    You may link to our home page on the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Company expressly reserves the right to revoke the right granted in this clause for breach of these Customer Terms and to take any action it deems appropriate.
    Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page.
    The Site provides links to other websites for your information. If you use these links, you leave the Site. We have not reviewed these third party websites and we have no control over such sites or resources. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them including the group gifting application which is provided by a third party.
  13. Uploading material to the Site.
    Uploaded material must not: (i) be defamatory of any person; (ii) contain material which is obscene, discriminatory, offensive, hateful, threatening or inflammatory; (iii) infringe any copyright, database right or trade mark of any other person; (iv) be likely to deceive any person; (v) promote any illegal activity; (vi) be likely to harass, upset, embarrass, alarm or annoy any other person; or (vii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
    Any material a user uploads to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose a user’s identity to any third party who is claiming that any material posted or uploaded by such user constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by users. We have the right to remove any material or posting a user makes on the Site.
  14. Viruses, hacking and other offences.
    You must not misuse our Site or any part of the Service by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.
    By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
  15. Waiver.
    If we fail at any time to insist upon strict performance of any of your obligations under these Customer Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Customer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
  16. Severability.
    If any of these Customer Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
  17. Entire agreement.
    These Customer Terms and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.
  18. Force majeure.
    Where we are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our or the Seller's reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes, or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our performance of its obligations shall be postponed for the period of time that the circumstances continue.
  19. Rights of Third Parties.
    No provision of these Customer Terms shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of the Company) under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
  20. Law and jurisdiction.
    Contracts for the purchase of products/services through our Site or the App shall be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England.
  21. Feedback and Complaints.
    General comments about the Site are welcome, please contact us at https://yourpastmemories.co.uk/contact. If you have made a complaint and have exhausted all of the dispute resolution options available to you through our Site, the European 'Online Dispute Resolution Platform' can be accessed by following the link: http://ec.europa.eu/odr.
  22. Other applicable terms and conditions.
    Additional terms and conditions may apply to certain of our products and services. These products and services, and the terms and conditions which apply to them, are set out below.

Vouchers: special terms and conditions

When purchasing a voucher or using a voucher to make a purchase on YourPastMemories.co.uk, you agree to be bound by the Customer Terms above and also to be bound by the special conditions relating to vouchers below.

How to purchase and redeem vouchers.

  1. When purchasing a voucher from Your Past Memories the purchaser must choose a voucher type.
  2. Email vouchers will be dispatched by email to the designated email account as soon as payment for the voucher has been cleared.
  3. Printable vouchers will be dispatched by email as a downloadable PDF to the email account of the purchaser as soon as payment for the voucher has been cleared.
  4. It is the responsibility of the purchaser to ensure that the delivery email address entered is correct. We cannot be responsible for the incorrect delivery of vouchers due to an error by a customer (such as, a mis-typed email address).
  5. Vouchers are only available for purchase in pounds sterling using a credit or debit card. You cannot purchase a voucher using PayPal at this time.
  6. When redeeming vouchers the unique voucher code stated on the voucher will need to be entered at the checkout. If the holder of the voucher does not have an account with us they will be required to open one in order to redeem the voucher.
  7. If the products/services purchased total less than the value of the voucher, any remaining voucher balance will be held against your account on Your Past Memories under 'my funds'.
  8. If a credit under a voucher is insufficient for us to meet the full cost of the products/services purchased the balance must be paid by credit or debit card when the voucher is redeemed. You cannot redeem a voucher and make a PayPal payment in the same purchase.
  9. Our standard terms and conditions shall apply regarding the purchase of products/services regardless of whether you redeemed a voucher as part of the purchasing process.

General voucher terms and conditions.

  1. By purchasing and/or redeeming a voucher you will be deemed to have read and understood these terms and conditions and agree to be bound by them.
  2. The terms and conditions on the Site shall apply to vouchers. If and to the extent there is a conflict or inconsistency between the terms and conditions of the Site and these voucher terms and conditions, the voucher terms and conditions shall prevail to the extent of the conflict or inconsistency. The defined terms used in the Site terms and conditions shall also apply to these voucher terms and conditions.
  3. Your Past Memories vouchers can only be accepted by and redeemed against us on YourPastMemories.co.uk such that we apply our funds towards the purchase of items currently featured on our Site including p&p (subject to availability).
  4. Vouchers cannot be purchased in conjunction with any other products/services on YourPastMemories.co.uk in the same transaction.
  5. Vouchers cannot be used to purchase other vouchers.
  6. The maximum value of vouchers that can be purchased in any one order is £500.
  7. One or more vouchers can be redeemed against a single order.
  8. We shall not be responsible if a voucher is lost, stolen, damaged, impaired, corrupted, destroyed, deleted or used without permission.
  9. We cannot be held responsible for vouchers that cannot be delivered due to the recipient's spam filters, firewalls, capacity of the mailbox or any other factors outside of our control.
  10. A voucher may be cancelled and refunded to the purchaser, provided that the purchaser cancels such voucher within seven (7) working days of purchase of the voucher. Vouchers cannot be redeemed for cash and are not transferable or assignable.
  11. Vouchers must be redeemed within one year of the date of dispatch by us and will expire after such date.
  12. These vouchers are provided and operated by Your Past Memories Limited of Marlborough House, 48 Brandon Parade, Royal Leamington Spa, CV32 4XP with registered company number: 10664791.

Promotional code terms and conditions.

  1. By using a promotional code you will be deemed to have read and understood these terms and conditions and agree to be bound by them.
  2. The terms and conditions on the Site shall apply to promotional codes. If and to the extent there is a conflict or inconsistency between the terms and conditions of the Site and these promotional code terms and conditions, the promotional code terms and conditions shall prevail to the extent of the conflict or inconsistency. The defined terms used in the Site terms and conditions shall also apply to these promotional code terms and conditions.
  3. Your Past Memories promotional codes can only be used on YourPastMemories.co.uk and towards the purchase of items currently featured on our Site, excluding delivery charges.
  4. Promotional codes cannot be used in conjunction with any other offer on YourPastMemories.co.uk, including (but not limited to) any other Your Past Memories promotional code, in the same transaction, or for the purchase of vouchers.
  5. The discount associated with a promotional code is applied to your entire basket, excluding any delivery charges. Promotional codes are a combination of letters and numbers, eg, SUKVST1234567, and should be entered on the payment page during checkout for the discount to apply.
  6. Each promotional code will have a limited time period in which to be used and/or a maximum number of orders per code. The code will be invalid once these limits have been reached. Specific terms and conditions for each promotional code setting out any such limits can either be found in the communication you received with the code itself or on the specific promotional code terms and conditions page via the Site (eg via an on-site banner).
  7. Your Past Memories reserves the right to suspend, change or cancel any promotional code, at any time, in the event of circumstances arising which make it necessary to do so. Your Past Memories may update these terms from time to time and reserves the right to add additional terms and conditions for specific promotional codes as and where necessary. You should review the promotional code terms and conditions periodically for changes.
  8. Promotional codes have no cash value, cannot be transferred and cannot be forwarded or reassigned.
  9. Any refund you may be entitled to receive will not include the redemption value of the promotional code. You will receive no more than the amount you paid towards the final basket price.
  10. These promotional codes are provided and operated by Your Past Memories Limited of Marlborough House, 48 Brandon Parade, Royal Leamington Spa, CV32 4XP with registered company number: 10664791.
  11. Discount codes exclude extras, e.g. additional DVDs and USB memory sticks

Our Clients

wilkinson
banardos
life-in
fujifilm
jessops
c-sport