Introduction
The terms and conditions governing the use of the RETURNTAG service provided by Parkes Group Enterprise Limited, trading as RETURNTAG ("Company"), registered in Scotland, United Kingdom. The terms "RETURNTAG," "Customer," and related definitions are as follows:
- "RETURNTAG": Refers to "Parkes Group Enterprise Limited" company no SC803358, the provider of the RETURNTAG service, registered in Scotland, United Kingdom.
- "Customer": Refers to any individual or entity who accesses or uses the RETURNTAG service, whether as a registered account holder or as a visitor to the RETURNTAG website.
The Customer includes both users of the free service, who utilise the online portal and user of the paid services, subscribers and/or pay as you go, who have paid for access to additional features such
as the display of customised information upon scanning a tag and notification services. Throughout these terms and conditions, "Customer" may also be referred to interchangeably
as "customer", "User", "user", "Account Holder", "account holder", “tag owner”, “your”, “you”, or "subscriber", or "Subscriber" depending on the context and shall be construed to refer to both singular
and plural forms, as the context requires.
These terms and conditions govern your use of RETURNTAG services. By using RETURNTAG services, you agree to abide by these terms and conditions.
Service Definition:
The service provided by RETURNTAG encompasses the following:
1. Definitions
- a. RETURNTAG: Refers to the service provided by "Parkes Enterprise Group", which includes the provision of tags containing QR codes and NFC chips programmed to display information provided by the customer.
- b. Subscription: Refers to the paid service offered by RETURNTAG, allowing customers to access and update information associated with their tags.
- c. Subscription: Refers to the paid service offered by RETURNTAG, allowing customers to access and update information associated with their tags.
- d. Paid Service: Upon payment, RETURNTAG offers the display of customised information to individuals who scan a tag attached to an item. This information may include contact details and any additional
information provided by the tag owner. Additionally, RETURNTAG notifies the customer or any associated person configured by the customer whenever a tag is scanned, providing details regarding the scanned
tag. If the individual scanning the tag leaves a message, RETURNTAG facilitates the delivery of this message to the tag owner or any associated person configured by the customer.
- e. Service Conditions: Access to the paid service is contingent upon the customer's account status. When a customer account is active and up to date, RETURNTAG displays the configured
information upon scanning the tag and notifies the customer or associated person accordingly. However, if the customer account is overdue or in arrears, RETURNTAG redirects the scanner to an error
page and withholds the display of the configured information.
2. Use of RETURNTAG Services
- a. By using RETURNTAG services, you agree to provide accurate and up-to-date information for programming your tags.
- b. RETURNTAG reserves the right to refuse service or cancel subscriptions if it is determined that the provided information is false or misleading.
- c. RETURNTAG is not responsible for any loss or damage resulting from the misuse or incorrect use of the tags.
- d. The Services are designed exclusively for individuals residing in the United Kingdom and who are eighteen (18) years of age or older. If you are not a resident of the United Kingdom or if you are under the age of
eighteen (18) and register to use or access the Services, we cannot provide the Services to you. In such a case, you are required to cancel your account and cease using the services.
3. Pricing Plans
3.1 Subscription Plans
- a. RETURNTAG offers a variety of subscription tiers which may change without notice .
- b. RETURNTAG offers both monthly and yearly payment options across its tiers.
- c. Customers may choose to subscribe on a monthly or yearly basis, with different pricing structures for each tier.
- d. Payment for subscriptions is due in advance of the subscription period.
3.1.1 Auto-Renewal
- a. By subscribing to RETURNTAG services, you agree to automatic renewal of your subscription at the end of each subscription period.
- b. The auto-renewal feature will automatically charge the payment method on file for the next subscription period unless you cancel your subscription before the renewal date.
3.2 Pay as you go Plans
- a. RETURNTAG offers a variety of Pay as you go plans, which may change without notice.
- b. Pay as you go plans charge on a per scan basis. Each tier has different price structures for scan charges.
- c. Each tier has a scan limit charge or cap. The charge limit is per calendar month and resets at the start of each month.
- d. Payment for Pay as you go scans are due in advance.
- e. Payment for Pay as you go tags are due in advance.
- f. When a chargeable scan is identified a new scan charge will automatically charge the payment method on file.
3.2.1 Chargeable scans
A scan is chargeable when
- a. the scan limit or cap has not been reached and
- b. the scan is the 1st scan within a 24 hour period
4. Payment
- a. Customers are responsible for the payment of fees.
- b. RETURNTAG reserves the right to change fees with prior notice to customers.
- c. Failure to pay fees may result in the suspension or cancellation of services.
- d. We reserve the right to utilize a third-party payment services provider ("PSP") for the collection of payments on our behalf. As part of the sign-up process, you will be
required to furnish the necessary information to us or our PSP for payment collection purposes. By providing this information, you authorise us or our PSP to collect payments
from you. In the event of a failed payment, we or our PSP will make additional attempts within a few days. If either party, us or our PSP, is unable to successfully process the
payment, access to the paid service associated with the failed payment will be temporarily suspended until the outstanding payment is resolved.
5. Termination
- a. Customers may cancel their subscription at any time using their RETURNTAG account.
- b. RETURNTAG reserves the right to terminate subscriptions and services for violation of these terms and conditions.
6. Cooling-Off Period for Online Purchases
- a. In accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, customers have the right to
cancel their subscription within 14 days of receiving an order without giving any reason.
- b. To exercise the right of cancellation, customers must notify RETURNTAG in writing (email is acceptable) within the 14-day period.
- c. If the customer cancels their subscription within the cooling-off period, RETURNTAG will provide a full refund of any fees paid.
- d. As part of the cancellation process, customers are required to return the tags to RETURNTAG at your own expense and in new condition within 14 days of notifying RETURNTAG of the cancellation.
- e. RETURNTAG reserves the right to withhold any refund until the tags are returned in new condition.
7. Governing Law
- a. These terms and conditions are governed by the laws of Scotland, United Kingdom.
- b. Any disputes arising from these terms and conditions shall be resolved in the courts of Scotland.
8. Limitation of Liability and Indemnification
8.1 Limitation of Liability
- a. RETURNTAG shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of its services.
- b. In no event shall RETURNTAG's total liability to you for all damages, losses, and causes of action arising out of or relating to these terms and conditions or your use of
RETURNTAG services exceed the total amount paid by you for the services during the twelve (12) months immediately preceding the event giving rise to the liability.
8.2 Indemnification
- a. You agree to indemnify and hold harmless RETURNTAG, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages,
losses, costs, expenses, or fees (including reasonable attorney's fees) arising out of or in connection with:
- i. Your use of RETURNTAG services.
- ii. Your violation of these terms and conditions.
- iii. Your violation of any rights of any third party.
- iv. Any claim that your content or information provided to RETURNTAG infringes or violates the intellectual property rights, privacy rights, or other rights of a third party.
- b. RETURNTAG reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with RETURNTAG in asserting any available defences.
9. Maintenance and Operability
9.1 Maintenance
- a. RETURNTAG shall undertake reasonable efforts to ensure the continuous operation and availability of its services. However, you acknowledge that from time to time, maintenance, updates, or upgrades to RETURNTAG services may be required.
RETURNTAG will endeavor to perform such maintenance during off-peak hours.
9.2 Operability
- a. RETURNTAG makes no warranties or representations regarding the operability, compatibility, or functionality of its services on all devices or platforms. While RETURNTAG strives to provide a seamless user experience, you acknowledge that
variations in hardware, software, or network configurations may affect the performance of RETURNTAG services.
9.3 Limitation of Liability for Maintenance and Operability
- a. RETURNTAG shall not be liable for any damages, losses, or inconvenience arising out of or in connection with scheduled or unscheduled maintenance, updates, or upgrades to its services.
- b. RETURNTAG shall not be liable for any damages, losses, or inconvenience arising out of or in connection with the operability, compatibility, or functionality of its services on specific devices or platforms.
10. Customer Responsibility for Storing Third-Party Information
10.1 Consent
- a. By providing information about third parties, including but not limited to their names, contact details, or other personal information, you acknowledge and agree that you have obtained the necessary consent from those
individuals to store their information on RETURNTAG systems.
10.2 Recording Consent
- a. You are responsible for recording and maintaining records of the consent obtained from third parties for storing their information on RETURNTAG systems. This includes documenting the nature of the consent, the date it was obtained, and any other relevant details.
10.3 Indemnification
- a. You agree to indemnify and hold harmless RETURNTAG, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or in connection with your failure to obtain or record consent from third parties for storing their information on RETURNTAG systems.
11. GDPR Rights
11.1 Data Protection
- a. RETURNTAG is committed to protecting your personal data in accordance with the General Data Protection Regulation (GDPR) and other applicable data protection laws.
11.2 Rights of Data Subjects
- a. Under the GDPR, you have certain rights regarding the processing of your personal data by RETURNTAG, including but not limited to:
- i. The right to access your personal data held by RETURNTAG.
- ii. The right to rectify inaccurate or incomplete personal data.
- iii. The right to erasure of personal data ("right to be forgotten") under certain circumstances.
- iv. The right to restrict processing of your personal data under certain circumstances.
- v. The right to data portability, allowing you to receive a copy of your personal data in a structured, commonly used, and machine-readable format. Please note that a processing fee of £10 may apply for this request.
- vi. The right to object to processing of your personal data under certain circumstances, including for direct marketing purposes.
11.3 Data Controller and Data Processor
- a. For the purposes of the GDPR, RETURNTAG may act as either a data controller or a data processor, depending on the context of the processing activities. RETURNTAG will fulfill its obligations as a data controller or data processor in accordance with the GDPR.
11.4 Exercising Your GDPR Rights
- a. If you wish to exercise your rights under the GDPR or have any questions regarding the processing of your personal data by RETURNTAG, please contact us.
12. Redistribution of Services
- a. The use of RETURNTAG services, including but not limited to tags, QR codes, NFC chips, and associated software, may not be redistributed, resold, sublicensed, or otherwise transferred to any third party without the express written consent of RETURNTAG.
13. Security
13.1 Password Security
- a. You are responsible for maintaining the confidentiality of your password for accessing RETURNTAG services. You agree not to share your password with any third party.
- b. You agree to take reasonable measures to ensure the security of your password. If you believe that your password has been compromised, you agree to change your password immediately
and notify RETURNTAG customer support.
13.2 Security Breach
- a. You agree to notify RETURNTAG immediately if you become aware of any unauthorised access to or use of your account or any other breach of security.
14. Severability
- If any provision of these terms and conditions is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.