SoPost enables you to send physical and digital gifts from your favourite brands to yourself and to your friends via social media and/or to claim a gift arranged by a friend. A service like SoPost (which, in this document, we’ll refer to as “the Service” or perhaps as “SoPost”) requires people to interact with each other (us included) within some kind of framework designed to keep everybody safe and free from harm. In essence, that framework is provided by these Registration Terms, which we’ll refer to as “the Terms”.
SoPost is delivered by SoPost Limited, a company incorporated in England under registered number 08216668. Our registered office is at Suite 206, The Record Hall, 16-16A Baldwin's Gardens, London, EC1N 7RJ, and we also have an office based in Newcastle upon Tyne (you will find this address on our website). When we use words like “we”, “us” and “our” in these Terms, it is SoPost Limited that we are referring to. Likewise, when we use words like “you” and “your”, we are referring to you, whom, we hope, will soon be our registered user. When we refer to the “website”, we mean the one that we host at www.sopost.com, any subdomains that we create and any software widgets that we install on external websites to deliver the Services.
Anybody can access the SoPost website or arrange a gift to a friend or to themselves but in order to claim your gift, you do need to register to create a SoPost account. If you register, you must do so on the basis of these Terms. So if you want to claim your gift, you must register and to register you must accept these Terms as they are set out in this document.
There’s not much that you need to do to complete your registration. Just complete a simple form on our website with your basic personal details including a postal address to which we can send your gifts. By registering you confirm that your information is accurate and up-to-date.
You will also need to check the box that is your confirmation that you accept these Terms. If you don’t do that, you won’t be able to complete your registration and that would be a shame. But if you do check the box and submit your registration to us, please bear in mind that you are entering into a contract with us (and not the brand from whom the gift will come) and that contract is, of course, based on these Terms. Don’t worry, you don’t have to do anything in particular. If you register and subsequently decide not to use SoPost to send gifts to yourself or to friends, there’s nothing you are required to do (and if you wish, you can have your registration terminated). But since you are entering into a contract with us, it would be sensible to have a good read of these Terms just to make sure you are as happy as we are about it all.
You’ll always be able to find a copy of these Terms on the website, but you might want to print off a copy for your records. If you do, please bear in mind, however, that the Terms might change in the future, especially since we may add functionality to the Service over time. For that reason, each time that you complete your registration to use SoPost, you will be asked to accept the current version of the Terms.
We would love to make SoPost available to everyone but unfortunately, because of the way English law works, children are not capable of entering into contracts. Consequently, you must either confirm that you are at least 18 years of age and capable of entering into binding contracts, or that you are at least 13 years of age and can confirm that you have your parent or guardian’s consent. Some of the offers that we circulate are age-restricted and therefore will not be available to all users.
Assuming then that you are over 18 or over 13 and have your parent or guardian’s consent, your registration on these Terms gives rise to a contract between you and us that is indeed binding on both you and us and those that may later inherit from us the benefit of the contracts that we have formed with you and others like you. You may not transfer or sell your rights under this contract to anybody else nor may you use it as security for anything. The nature of running a Service like SoPost means that we may, for some reason, have to ‘assign’ the contract that we’ve formed with you to another business (for example, as part of a restructure or if SoPost is bought by another company).
As a platform technology, SoPost is what its users make it. That said, there are core purposes for it (as outlined in the Introduction above) that encompass everything that we and our users do with it. You agree that you will abide with those purposes and that you will not, under any circumstances, use your registration for actions that do not fall within those core purposes.
We are delighted when our users share offers they find through SoPost with their friends and we encourage you to do that. However, whilst sharing with friends is great, piggybacking on the services we provide in order to build your own business is very much not. You agree that whilst you may share offers with friends for personal purposes, you will not share our offers on a commercial scale and/or for business purposes, whether within a closed group or list of individuals or to the public at large.
You will not use your registration for the distribution of unsolicited and unwanted communications (whether commercial or otherwise), which you might know as ‘spam’. Spam is a real nuisance and it makes us and our users very unhappy, so if you distribute spam through SoPost, we’ll terminate your registration immediately and won’t allow you to use our Services in the future.
Also, you will not use SoPost to send to other people gifts that, even though they are lawfully available wherever the offer we have made is valid, you know or have reason to suspect those people will find offensive in some way. If we find out that you have done this, we will suspend your account while we investigate and, having done so, we may, at our discretion, terminate your account and even refer your behaviour to the authorities, should we believe that to be warranted.
Finally, we only allow one gift per person per campaign and where necessary, we may need to impose a limit of one gift per household per campaign. So, if you’re using a social media account or email address to send or receive a gift (or to claim a sample), you warrant that the account or email address you’re using is your own, which you created in the regular course of things as far as the network in question that that account belongs to is concerned. Specifically, we’re talking here about using multiple accounts and/or multiple identities for the purpose of claiming multiple product samples and/or entering competitions. Doing this sort of thing is cheating and deprives others of a fair chance to claim gifts or enter competitions so if you do it, we’ll ban you from using SoPost and we may pursue you for damages for breach of contract should your actions harm a campaign we are running for a client. To counteract this, you promise only to use one account for each social network for the duration of your relationship with us.
In using SoPost, you’ll have the chance to write text when sending a gift to a friend. You promise that the content you upload won’t deliberately offend. Yes, we have all told jokes that backfired or were misjudged or perhaps didn’t go down as well as we intended. That’s not what we’re talking about. What we are chiefly concerned with here is content that is offensive, obscene, abusive, libellous, false, deliberately misleading, or is otherwise illegal. For short, let’s call this “Unlawful Content”. If you do use SoPost to distribute Unlawful Content, we reserve the right to remove it immediately and to suspend or even terminate your account and we may not let you know that we have done this. If we do contact you, we may allow you to explain why you have uploaded the Unlawful Content but if your explanation is unconvincing or you take an unreasonably long time to respond, we may, at our discretion, terminate your registration. As with the previous paragraph, if you behave in this way, you may leave us with no alternative but to refer the incident to the authorities.
You may have heard of the term “intellectual property”. Intellectual property is the term used to describe things that can be owned but which are not physical in nature. The owner of intellectual property doesn’t own something that is tangible but instead has the right to control how that intangible thing is used, hence the term “intellectual property rights”. Trade marks, patents and copyright are well-known and commonplace forms of intellectual property, but there are lots more. And if you use somebody else’s intellectual property rights without their permission (which is often referred to as a “licence”), you’ve “infringed” their rights.
On that basis we confirm to you that we own the framework and content that makes up SoPost. That includes all the ‘copy’, the code, the look and feel and the trade marks and graphics that you use in making use of your registration (in accordance with these Terms). We build databases that contain details of the offers that we circulate and the people to whom those offers are circulated and to whom we subsequently deliver gifts. We invest a lot of time and money into building and maintaining those databases and making sure that the data within them is as correct as it can possibly be. They are therefore the subject of database right that is owned by us, which we license to you only so that you can make use of our services for personal purposes. Even the copyright in these Terms are owned by our lawyers and licensed to us for this purpose. Were you to use their things without asking, they would get very unhappy. So please don’t try to use any of the intellectual property that we provide for purposes that are not intended or envisaged by these Terms. You can use our intellectual property in order to make use of our service as provided for in these Terms but for nothing else and you may not use our intellectual property for commercial purposes under any circumstances.
We confirm that we have the right to distribute the gifts for which you have registered to receive, though that is not necessarily to say that those gifts are lawful wherever you happen to live and if you’re in doubt, you should check your local law for yourself, just to be sure.
Gifts that you claim or samples that you are given are for your personal use only. It’s a bit difficult to imagine how the gifts that we facilitate could be turned into a business but technology allows us to do all sorts of things now that weren’t possible 20 years ago, so just to be completely clear, USING SOPOST FOR COMMERCIAL PURPOSES IS COMPLETELY FORBIDDEN - unless, of course, you happen to be one of our clients or one of our authorised distributors. If you wish to engage with SoPost as a business, we have other terms and conditions that apply to that. Contact us at firstname.lastname@example.org to find out more on this or have a look elsewhere on the website. If you use SoPost for commercial purposes without engaging with us formally as a client or authorised distributor, we will terminate your registration immediately and we may commence an action for breach of contract against you should we be of the view that your actions have harmed us or our clients.
If you come across any evidence to suggest that anybody else is using SoPost in breach of these Terms, it would be a terrific help if you would let us know so that we can take action to stop them.
At any given time, we reckon we have a pretty good idea as to how well the functionality we’ve provided for SoPost is working. We’re working on new features all the time and occasionally, we may want to replace older features with new, better ones. It is inevitable that every now and again, we will provide features or functionality that seemed like a really good idea at the time but which, for whatever reason, don’t really catch on with our users. So when this happens, we reserve the right under these Terms to add or remove functionality and features. We will do our best to give you some advance notice of this but from time to time, this might not be possible. For example, if something breaks and it is complicated to fix and not sufficiently popular to warrant dropping everything to fix, we may decide to withdraw it immediately. That withdrawal may be temporary or it may be that we withdraw it permanently, and we have the right to decide what’s best in the circumstances.
Nothing in these Terms should be interpreted so as to apply any form of legal obligation or duty upon us to supply gifts (or any particular gift) to you. You acknowledge that the receipt of gifts is a “gratuitous benefit” - in other words, it’s something for which you’ve paid nothing and for which we are not contractually obliged to you to provide. We may not be able to deliver a gift that you wish to claim (or a gift that you have made to a friend) and this could be for a number of reasons. It may be that we had a limited stock and you (or your friend) didn’t claim it before we ran out. Or maybe we thought we had more than we did, perhaps because we have realised that some of our stock is damaged in some way. Or it may simply be that you (or your friend) don’t fit the profile of the types of consumers that the brand in question has asked us to target. Or it could be any one of a dozen or more other reasons. Whatever the reason, we will try to let you (or your friend) know that we’re not going to be able to deliver the gift as soon as we can within reason but we will not be obliged to explain why this is nor will we enter into and prolonged debate about it. We do promise, though, that we will approach the question of who gets a gift fairly, albeit within the bounds of what we are obliged to do for our clients.
Consumers enjoy protection under a variety of laws in different jurisdictions around the world and, if you are using SoPost as a consumer, nothing in these Terms is intended to undermine your protection either in England or wherever you happen to be when you access the Service. In English law, it would be unlawful for us to attempt to exclude or limit liability for personal injury or death arising from our negligence or for any loss you suffer as a result of our fraud or for any statement we make fraudulently intending you to rely on it in entering into this contract with us. It’s pretty difficult to see how your use of SoPost could result in anybody suffering any kind of physical harm, but we just need to be clear about these things.
Bearing in mind always the exceptions we have mentioned in the previous paragraph, there are certain types of liability that we are permitted by law to limit or exclude and, accordingly, WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSE (INCLUDING LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL) THAT YOU MIGHT SUFFER AS A RESULT OF USING SOPOST, HOWEVER THAT LOSS DAMAGE OR EXPENSE MIGHT ARISE. In case you’re wondering, that bit has to be in capitals in order to comply with the laws of certain jurisdictions, including certain states in the USA.
In addition, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM OR FOR THE DELAY IN THE PERFORMANCE OF ANY OF OUR OBLIGATIONS UNDER THESE TERMS THAT IS CAUSED BY EVENTS THAT ARE BEYOND OUR REASONABLE CONTROL. This might include a failure of an internet service provider to deliver notifications to you, for instance.
If we happen to make a statement that turns out to be untrue (whether orally or in writing) prior to your registration, then, unless that statement was made fraudulently by us, we will only be liable to you should that untrue statement result in us breaching these Terms. If it does not, the untrue statement has no impact on our relationship with you save insofar as it may impact on your legal rights as a consumer.
In signing up to these Registration Terms, we need you to understand that SoPost is a platform through which consumers like you can get access to product samples and gifts. We’re not responsible for any of the campaigns that we facilitate. If you have a problem with the nature, quality or content of any campaign that we deliver for a client, whilst we may perhaps be sympathetic to you, there will be nothing at all that we can do to help and you should address any grievance of this nature you have to the brand on whose behalf the campaign is being delivered.
These limitations and exclusions of liability will survive the termination of your registration (which, in turn, would terminate our contract with you).
In making sure that our users are happy and that SoPost is working efficiently, we may review the data being transmitted by you or any of our other users. This does NOT mean, however, that we are under any duty to do this and we do not and will not assume any responsibility for this.
You also need to be aware that viruses can be transmitted via websites, not just email. So if you want to make sure that your systems are safe from infection, you should run suitable security software because WE WILL NOT BE LIABLE FOR ANY VIRUS INFECTION OR OTHER HARM CAUSED TO YOUR SYSTEMS THROUGH YOUR USE OF SOPOST OR WHEN FOLLOWING ANY LINKS TO WEBSITES RUN BY OTHER PEOPLE.
There may come occasions where we choose not to insist on your total compliance with your obligations under these Terms or that, where you’ve breached the Terms, that we don’t make use of our rights to take action against you. This does NOT mean, however, that we are waiving those rights. We can take action against you later if we choose to and at any time during the lifetime of your registration (or indeed, where necessary, at any time after the termination of your registration), we can return to the issue and insist on your compliance.
If, for some reason, you need to communicate with us for contractual purposes, you can do this by email at email@example.com but if you really feel the need, you can send us a letter by post to our registered office (which you will find on the website).
Information that we send to you or you send to us for contractual reasons we’ll call “Notices” for the purposes of these terms. There may be times when we all need to know when such a Notice was received. To make things easy, those Notices will be deemed to be received as follows. A Notice sent by us to you by way of notification through an app will be deemed as having been served immediately. A Notice sent by us to you via a notification sent to your account via the website only or an email sent by you to us or us to you, will be regarded as having been received the day AFTER it is sent, just to give everyone a reasonable chance to pick it up. If a Notice is sent in either direction by letter, that Notice will be regarded as having been received (assuming that it was properly stamped and sent by first class mail) three days AFTER the day on which it was sent, or in the case of a letter sent from overseas by airmail, ten days AFTER the day on which it was sent.
It might just be that at some point in the future, a court or some other authority has cause to review these Terms and in so doing, rules that some or other part of them is invalid, unlawful or unenforceable. Obviously, that could cause a bit of a problem, certainly for us and possibly also for you. So, in the very unlikely event that something like that happens, there will be two consequences. First, everybody accepts that the rest of the Terms will remain in place between us and that the contract will survive intact with the problematic element removed. Second, the authority or court taking action may compose a replacement for the stricken terms that do as good a job as reasonably possible as the job previously done by those terms or, where the authority or court taking action declines to do so, you agree that we may replace those terms ourselves with something else that complies with the ruling.
In England, there is a law that gives third parties (that is, people who are not ‘party’ to a contract) certain rights to enforce terms that are intended to benefit them. This is called the Contracts (Rights of Third Parties) Act 1999. We can’t think of a situation where this might come into play, but just to be clear, any right of a third party to take action under that law is excluded. There is an exception to this, however. There may be a situation where third parties can take action and where we are not permitted to exclude that possibility, such third party rights remain, so you might want to bear that in mind.
This concludes these Terms and as soon as you check the ‘accept Terms’ box and complete your registration, you will have a binding contract with us. All that is left for us to say is that your contract with us is subject to and governed by English law. Any dispute that arises from our relationship with you or your use of SoPost will be subject to the exclusive jurisdiction of the courts of England and Wales.