The general Terms and Conditions of Use and Sale presented herein (henceforth known as the TCUS) are conclusive between the Buyer and the Vendor.
The Site is a platform which offers the user secure access to both free and paying subscription tariffs. The Site allows for parents, future parents or their families to create and manage with a few mouse-clicks their own private and secure family website, without requirement of any prior computer skills.
The parents may then publish and share within a circle of restricted and select guests the contents of family photo albums, videos, family books and other private content. Guests may access the restricted areas using passwords provided by the parents.
All usage of the Site and transactions made on the Site assumes prior consultation and unconditional acceptance of these TCUS as described herein. The User and the Buyer are therefore advised to check the date when the TCUS will come into effect. These TCUS cancel and replace all other previous agreements, arrangements, offers, commitments and statements between the Buyer and the Vendor.
Article 1. Objective
These TCUS aim to define the terms of sale and usage of the Site between the Parties, from the creation of an order up to after-sale services, including payment and delivery of the service by the Vendor.
Article 2. Entry into force - duration
These TCUS come into effect on the signing date of the purchase order and extend as necessary for the provision of the subscribed services up to and until the completion of all obligations of the Vendor to the Buyer.
Article 3. Contractual documents
These TCUS contain the obligations of the Parties in their entirety. Any conditions, general or specific appearing in documents sent or delivered by the Buyer to the Vendor which do not comply with these TCUS are invalid. The Terms and Conditions thus consist of the following contractual documents, listed in descending hierarchical order: these TCUS, including annexes and amendments, and potentially the order-form. In the event of contradictions in the provisions of documents of differing ranks, the provisions of those documents of superior rank supersede. The Vendor reserves the right to adapt or modify these TCUS at any time all transactions are subject to the version applicable at time of purchase. Accessing the Site subsequent to any changes of these TCUS constitutes full and complete acceptance by the Buyer of said changes to these TCUS.
Article 4. Description of services
The services offered on the Site are digital services and are accessible to all users exclusive of any prior computer skills. They allows said user to create and easily manage an internet site with restricted access that specialises in secure storage and from this to publish and share photos, videos and/or family documents through a secure connexion with any other individual/s (guests) to whom the User/Buyer has provided with an identification code. The services offered on the Site provides the User/Buyer with various features for managing and personalising their family site, including various possible graphic themes, facility for storage, deletion, modification and up/downloading of photos, videos and/or family documents with no restriction on file size, as well as the possibility to moderate guest comments and to create identification codes and/or allow personalised access.
The Vendor does not place a limit on the amount of photos or videos the Buyer may store on the Site and provides the Buyer with unlimited storage space to this end. However this offer of unlimited space is conditional on normal, private use in a manner non-detrimental to the hosting of folders of photos and family videos. In the event of abnormal use notably that which may result in server saturation or create other technical issues, the Vendor reserves the right to limit provision of services and/or suspend or terminate the Buyer's contract. The Vendor also reserves the right to delete a user's Account if their site remains inactive (no content uploads and/or inactivity in the parent zone) during the first 30 days of their subscription to the service.
At any moment and without consultation of the Buyer, all or some of the services offered on the Site may be changed or disrupted temporarily or permanently.
The Vendor offers the Buyer a free subscription plan with no obligation to purchase. The free subscription plan allows the buyer to try the service and explore the features of the platform. The Buyer is limited to one free Account per household, this is to prevent any abuse of the service.
Article 5. User/Buyer Obligations
5.1 Age-verification of User/Buyer
The User/Buyer declares to be a real person, aged at least 18 years old and to be in their full legal capacity or to have parental authorisation permitting him/her to order from the site.
5.2 Accuracy of personal details
When registering personal details in the "Your Account" section the User/Buyer must ensure to complete all obligatory fields fully and to the best of his/her knowledge.
5.3 Adherence to the General Conditions
Being as they are accessible online at the Site, the User/Buyer declares having read and accepted these TCUS in their entirety. Through the purchase of services provided by the Vendor, the Buyer assumes acceptance and deliberate and unreserved adherence to these TCUS and if appropriate, to existing contractual documents which may supplement or amend said TCUS. The User/Buyer has the possibility to save or edit these TCUS in the understanding that he/she acknowledges sole responsibility for any edited and saved copies of this document. As modifications may be carried out on these TCUS, it is recommended for the User/Buyer to consult them regularly. If the User/Buyer does not accept the modifications to the TCUS, he/she is entitled to cancel the subscription in accordance with article 17 of these TCUS.
5.4 Professional business interests
Prior to any order, the User/Buyer declares that his/her professional business interests have no direct bearing on the purchase of the services offered on the Site, said purchases are limited strictly to personal use. The User/Buyer is in full possession of consumer rights however these rights may be waived in a situation in which the aforementioned services are acquired with intentions for use in any other professional business.
5.5 Ways to access the services
By subscribing to the Site, the User/Buyer recognises responsibility to provide him/herself with the necessary means and method (computer, telephone line, internet access, software etc.) to access the services of the Site.
5.6 Legal address
If the User/Buyer's IP address appears to be based in a different country than the billing address provided on the Account, the Vendor reserves the right to cancel the subscription.
5.7 Buyer's content
By subscribing to the Site, the User/Buyer agrees that none of the content which they wish to share with their guests violates in any way existing laws and regulations in particular the rights of third parties, nor may the content be violent, racist, anti-Semitic, xenophobic, defamatory, pornographic or contrary to moral decency.
Article 6. Conditions of use of service
The Site is a secure-access platform intended strictly for private, family use. Any use by the User/Buyer of the offered services which fall outside of said use is banned and will incur termination in accordance with article 17.3, unless there is prior written agreement from the Vendor.
6.1. Free service cancellation
In the context of the use of the free service option, the Site can cancel an inactive user Account if it blocks the use of a sub-domain for another family. The user of the free service option will be defined as inactive if they have not connected to the parent zone for several weeks.
Article 7. Ordering
The products on offer from the Vendor to the Buyer are accessible on the Site at the following address http://www.fammies.com. These products are valid for the amount and duration contained on the fact sheets as well as on the secure payment forms associated with them. Certain products may be renewed by tacit agreement for successive periods of identical duration to that of the original order. At any time before the effective renewal date the Buyer may cancel the automatic renewal process by going to the following Site page http://www.fammies.com and by providing the username and password given to them at the start of the order.
7.2. Initial Buyer identification
In order to complete the first order, the Buyer must open an Account following the procedures indicated on the Site, in particular confirming their identity by means of an email address and a password.
The Buyer must ensure the security and confidentiality of their username as well as their password. Under no circumstances should these details be shared with any third parties. In case of misuse or fraudulent use the Buyer must immediately inform fammies.com Technical Support by e-mail.
In the event of losing or forgetting the password the Buyer may, at any time go to the "My Account" page and click on "Forgotten Password". A message containing their password will be sent to the e-mail address with which the Account was opened. If the Buyer's IP address appears to be from a different location than the billing address on the Account, the Vendor reserves the right to cancel the order.
7.3. Management and conservation of registration data
Taking into Account the characteristics of the Site, the Vendor notifies the Buyer that the personal files and data relating to the Buyer's Account will be retained for a length of time necessary to allow for the provision of the subscribed services, and beyond in the case of litigation between the Parties or under compliance with existing laws and regulations. Personal data will be treated in accordance with the conditions specified in Article 13 of these TCUS.
7.4 Registration and confirmation of the order
When the chosen product is selected, the Buyer can confirm the order and proceed to payment, this stage formalises the contract of sale between the Vendor and the Buyer. All orders placed imply acceptance of the description and the prices of the services available for sale. The Vendor will acknowledge receipt of the order by e-mail. In certain cases, notably, default of payment, incorrect e-mail or other problems on the Buyer's Account, the Vendor reserves the right to withhold the Buyer's order until resolution of the issue. In this case all subsequent amendments relating to the services including tariff changes are applicable. In the event that a service ordered is not available, the Buyer shall be notified by e-mail. This entails the cancellation of the order for this service and its eventual reimbursement, the remainder of the order is considered confirmed and finalized.
7.5 Withdrawal period
In accordance with existing laws in Switzerland, the Vendor is under no obligation to provide any right of withdrawal. European Buyers who have completed an order on the Site have seven (7) business days to change their minds about their purchase and request an exchange or refund. This period is inclusive of and extends from the date the Buyer receives the email containing his/her log-in details for accessing the parent zone.
However the first time the buyer connects to the "parent zone", the implementation of ordered Services commences, and as a result any right of withdrawal may no longer be exercised.
Article 8. Financial Conditions
Pricing plans are inclusive of all taxes. They are inclusive of VAT and any other applicable taxes in Switzerland as well as any reductions applicable on the day of purchase. The Vendor reserves the right to raise or lower prices without prior notification, the prices applicable to the Buyer will be those available on the site at the moment of confirmation of the purchase.
8.2 Subscription plans
-"Classic" monthly plan at $ 12.90 (USD)
-"Premium" monthly plan at $ 24.90 (USD)
-"Premium" annual plan at $ 259 (USD)
The prices listed do not take into consideration any additional charges or fees applied by the Buyer's bank which, depending on the country of residence, may vary between 1% - 3% of the total.
8.3 Methods of Payment
Payment of services ordered by the Buyer from the Vendor can be made exclusively by bank card by means of either the secure payment system in operation on the Site at the time of purchase and/or via the secure remote sales Account put in place by the Site. The provider could therefore be either a payment processor or a banking organisation. The Vendor notifies the Buyer that at the moment of purchase the outstanding amount for their order will be debited by the financial provider in operation on the Site. If the Buyer's order includes an annually renewable subscription, the Buyer will be debited the due amount on the date of their first purchase (henceforth known as the "Anniversary Date") plus one day.
The Vendor also notifies the Buyer that his activities may be limited to certain geographical restrictions as a result a Buyer ordering from restricted geographical areas will not be able to access the payment structure.
a. Payment Processor
The Vendor notifies that the Buyer is tasked to select one or more Payment Processor(s) in order to complete, in their name and behalf, payment from Swiss or foreign bank cards relating to products offered on the Site. Any transaction signed by the Buyer confirming their willingness to register payment via the secure payment structure of a Payment Processor to which they have been directed, constitutes complete acceptance of the selected product. Any transaction signed irrevocably by the Buyer is systematically confirmed by the Payment Processor through e-mail to the address listed by the Buyer on the secure payment form, confirming the transaction.
As well as personal information this e-mail will contain notably the following contractual information
- name of the selected product
- transaction number identifier
- total amount of the transaction
- date of subscription/renewal
- duration of service
- unsubscribe link
- contact details for customer care and support
- user information
It is the sole responsibility of the Buyer to retain, in the medium of his/her choice the contractual information transmitted by the Payment Processor. In the event of a dispute or unreasonable contestation over a transaction the Buyer has signed irrevocably, with the institution extending the credit, the Vendor reserves all rights in particular, in so far as is concerned, judicial rights.
b. Banking Organisations
The Vendor notifies the Buyer that payments will be accepted on the Site from Swiss or foreign bank cards directly through the payment platform of a banking organisation who will then control, confirm and complete all transactions completed on the Site twenty-four (24) hours out of twenty-four (24) and seven (7) days out of seven (7). Any transaction signed by the Buyer confirming willingness to pay, using the payment platform of the banking organisation to which the Buyer has been directed, constitutes an irrevocable acceptance of the selected product. It is the sole responsibility of the Buyer to retain, in the medium of his/her choice the information relating to the payment transmitted by the banking organization.
8.4 Refund policy
No termination of a current subscription can give rise to any refund of all or any amount paid when the order is accepted, regardless whether the termination is at the instigation of the Buyer or the Vendor.
8.5 Default of payments and dispute
In the event of non-payment of the order or in the event of refusal of authorisation of a Buyer's bank card by its officially accredited organization, the Vendor reserves the right to suspend any orders in progress and any deliveries. In the event of a payment dispute with the Buyer pending settlement, the Vendor reserves the right to accept new orders from the Buyer conditional upon payment of the totality of the amount due to the Vendor from the Buyer. In no case, shall payments due to the Vendor be suspended or be subject to any reduction or compensation without written agreement from the Vendor.
Article 9. Delivery
The services ordered by the Buyer will be accessible within a maximum twenty-four (24) hour time period from the moment payment is received on the Vendor's Account for the first subscription and also presently for re-subscription and renewals of annual subscriptions for the service.
Article 10. Proof of transaction
In accordance with existing laws proofs of communications, orders and payments which have occurred between the Parties shall be archived on a reliable and long-lasting medium to avail precise and accurate copies of the original documents as required by the relevant authorities in the event of litigation between the Parties. As a result the data registers shall be retained on the Vendor's central storage system within reasonable security parameters and be considered as proofs of communications, orders and payments passed between the Parties.
Article 11. Liability
11.1 Use of the Site and its services is the acknowledged sole responsibility of the Buyer.
11.2 The Vendor in no way guarantees the use of the internet site.
11.3 The Vendor cannot be held liable in the event where a breach of their obligations is attributable to unforeseeable events beyond their control, as in a case of force majeure as defined in Article 18.
11.4 The Vendor cannot be held liable for any inconvenience or loss arising from the use of the internet, in particular service outages, external intrusion, insufficient rate and/or duration of file transfer or the presence of a computer virus.
11.5 The Vendor cannot be held liable for any injury, loss, claim, damage, or any indirect, incidental or consequential damages of any kind arising from failure to use purchased products correctly.
11.6 The Vendor cannot be held liable in the event of failure by the Buyer to observe the existing laws and regulations in the country of purchase.
11.7 The Vendor's liability is strictly limited to the value of the service in question which is determined at the point of order without recourse for appeal against the company providing the service. In any case the Vendor cannot be held liable for any amount exceeding that of the order subject to the Buyer's claim.
Article 12 De-commitment
The buyer is liable to Ketch'up SA irrespective of fault, for all damages and expenses generated by the violation of the terms and conditions (and integral parts herein).
In particular the buyer agrees and completely releases Ketch-up SA from all claims (contractual or tort) against Ketch'up SA in connection with their use/purchase including damages to third parties. Damages to indemnify include judicial costs and extrajudicial processes carried out by Ketch'up SA (including lawyers' fees).
Article 13. Intellectual property
13.1 Intellectual property attached to the content of the Site
All features of the Site, whether they be audio or visual, and including the underlying technology are protected by international treaties and agreements governing copyright, trademark and patent protection. Trademarks, logos, designs, photos, and models available only on the Site are the exclusive property of the Vendor. Their disclosure does not grant a licence or right of use whatsoever of said trademarks and distinctive features protected by copyright. Use of these can incur prosecution. Therefore none of the features of the Site may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way whatsoever. A copy of the documents shall be made available to the Buyer to download on his/her own computer for personal and strictly non-commercial use, this is on condition that the Buyer does not change the information within and preserves all copyrights and proprietary notices. Modifying or using these documents for any other purposes constitutes an infringement of the intellectual property rights of the Vendor.
13.2 Hypertext links
A Buyer who has his/her own personal website and wishes to place a direct link on the aforementioned website to the Site homepage, for personal use, must seek permission from the Vendor. This will in no way imply a contract of affiliation. All hypertext links linking to the Site using "framing" or "in-line linking" are strictly prohibited. In any case all links to the Site are to be removed at the request of the Vendor.
Article 14 Personal data
The Vendor may collect personal data regarding the Buyer. This is especially the case when the Buyer is communicating the personal details (surname. name, address, etc.) necessary to process an order and the information required to allow access to the services on offer on the Site. In accordance with the federal laws on data protection (data protection laws) of 19 June 1992 (Status as of 1st January 2011) which aim to protect the individual and the fundamental rights of persons who are subject to data processing, the Vendor has taken all appropriate measures necessary to secure, delete or rectify inaccurate or partial data so as they conform to the purposes for which they have been collected and processed. In accordance with the aforementioned law the Buyer may request the Vendor to exercise his/her right to access and rectify with regards to data relating to and contained within the Buyer's files.
Article 15. Cookies
The Buyer is notified that cookies may be stored on the hard drive of his/her computer; these cookies are small files created whenever the Buyer connects to the Site. These files contain none of the Buyer's personal information. Most of the cookies used by the Vendor are session cookies which are active only during connexion. Permanent cookies are only saved on the hard-drive of the Buyer's computer to enable identification when connecting to the Site and notably to allow access to the rights and advantages acquired. Cookies are sometimes used for displaying advertising banners and for gathering statistics on visitor numbers and the popularity of various sections and features of the Site. The Buyer may at any time prevent cookies from being stored and saved by adjusting his/her browser settings accordingly. However the Vendor notifies the Buyer that blocking cookies through adjusting browser or firewall settings may affect normal operation of the Site. The Vendor does not regulate use of third-party cookies on the Site.
Article 16. Links to other sources
The Site may contain links (hypertext links) to other sites, notably to affiliated or partner sites. The buyer assumes all risks resulting from accessing said sites through these hypertext links. The presence of these links does not imply the Vendor in any way recommends or endorses the linked sites. The Vendor has no control over said sites, or their content. Having no control over said sites, the Vendor is therefore in no way liable for their content or availability. This also applies to all information on the Site coming from other sources.
Article 17. Terminate/unsubscribe from service
17.1 When a bank card payment is declined, the cessation of payments shall be treated as a termination at the request of the Buyer as per the applicable conditions laid out in Article 17.2.
17.2 At any time and for any reason the Buyer may terminate the subscription with one mouse-click in the section established for this purpose on the Site as well as in the email received at the time of subscription/renewal. In this event all rights still attached to the subscribed services are maintained for a period of time corresponding to the amount of time left on the subscription. At the end of this time the Buyer will no longer have access to his/her individual site but will continue to have access to the customer Account for a period of three (3) months in order that he/she may recover the archival file/s incorporating all photos, videos and text content. At the end of this three (3) months period all content will be permanently deleted.
17.3 In the event of failure of the Buyer towards any of the obligations outlined in Articles 5 and 6, the Vendor is within his/her rights to terminate access to the subscribed product, either immediately, in the event of irreparable failure, or up to fifteen (15) days after recorded mail delivery of a formal notice, if said notice remains unanswered. In both cases, rights attached to subscribed services are simply suspended.
Article 18. Force majeure
In the event of an occurrence constituting force majeure as defined by existing laws and jurisprudence, the obligations of the Parties will be automatically suspended. The Party identifying the occurrence must promptly inform the other Party of its inability to fulfil commitments and explain the reasons. In this situation, the suspension of obligations shall under no circumstance be a source of liability for non-fulfilment of commitments or induce the payment of damages or penalties for delay. Upon removal of the reason for the suspension of their mutual obligations, the Parties shall make every effort to resume as swiftly as possible normal performance of their contractual duties. For this purpose the Party prevented from carrying out its activities will notify the other of the resumption of contractual duties by recorded mail delivery.
Article 19. Partial validity
In a situation where one or several provisions of these TCUS are considered void, inapplicable or unenforceable or declared to be so pursuant to a statute, regulation or final judgment of a court having jurisdiction, all other provisions in these TCUS continue to apply in full.
In this case, the invalid provisions shall be applied within the possible limits of the law and the Buyer agrees to comply with provisions that would have the same effects as the invalid clauses of these TCUS.
Article 20. Waivers
If one of the Parties waives its right to any of the provisions of these TCUS in a given circumstance they cannot be considered to waive their rights to said provision in these TCUS in other circumstances or to take advantage of any other provision of these terms and conditions, in any other circumstances. No right to waive on any of the provisions of these TCUS shall have effect unless it is put in writing and signed by a duly authorised representative of the Party in question. The failure of one of the Parties to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of that right or provision in the future.
Article 21. Jurisdiction and applicable laws
These TCUS are entirely subject to Swiss law to the exclusion of all other legislation. This is the case for rules of structure and rules of form. In no case, can the Vendor guarantee compliance with local laws applicable to the Buyer when accessing the Site from other countries.
Article 22. Forum clause
In the event of a dispute or claim arising out of or relating to these TCUS, to which no amicable settlement can be reached within the fifteen (15) days of complaint, the Parties agree to submit to the relevant courts within the jurisdiction of the Vendor's corporate headquarters.
Ketch'UP SA, capital of 100,000 CHF, registered with the Trade and Companies Register of Geneva under number CH-660.2.511.013-6, headquarters are at Rue Caroline, 23 - 1227 Geneva - Switzerland.