1                  INTRODUCTION

(a)               These terms and conditions (Terms) apply when you use the website https://lostnreturned.com, any associated QR code landing pages and personal recovery pages generated through our service, and any other websites we operate with the same domain name and different extensions (together, the Platform). The Platform enables users to learn about our lost and found service, subscribe to our service, generate and manage QR codes linked to their personal recovery page, purchase physical products (including tags, stickers and accessories), and facilitate communication between owners and finders of items (including via QR code landing pages) (including via a platform contact form where made available and, if enabled by an owner, by displaying owner-provided contact details for direct contact), and provides information about our services. Additional terms, including our Subscription Terms and Conditions, apply to purchases, subscriptions and other paid services made available through the Platform.

(b)               You agree to be bound by these Terms which form a binding contractual agreement between you and us, LOSTNRETURNED LIMITED (Company number: 16604363) having its registered office at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ (‘we’, ‘our’ or ‘us’).

(c)                If you don’t agree to these Terms, you must refrain from using the Platform.

(d)               We may change these Terms at any time by updating this page of the Platform, and your continued use of the Platform (including any QR code landing pages) following such an update will represent an agreement by you to be bound by the Terms as amended. Changes to any separate terms that apply to purchases, subscriptions or other paid services (including our Subscription Terms and Conditions) will be made in accordance with those separate terms.

2                  ACCESS AND USE OF THE PLATFORM

You must only use the Platform in accordance with these Terms and any applicable laws. You may browse certain parts of the Platform (including QR code landing pages) without creating an account. However, access to some features (including generating or managing QR codes and accessing certain owner account functionality) requires you to create an account or to be given access to an account. You must be at least 18 years old and have legal capacity to enter into a binding contract to create an account, purchase products or subscriptions, or otherwise use any owner or business account features. Use and access of any paid or subscription services, purchases, or other specific features made available through the Platform may be subject to separate terms and conditions applicable to those services, including our Subscription Terms and Conditions, Returns Policy, Privacy Policy, Cookie Policy and any other policies or terms notified to you from time to time. Certain features may allow an owner to enable a ‘Direct Contact’ option at account level (which is off by default), in which case the Platform may display owner-provided contact details on a QR code landing page and the Platform contact form or other platform-mediated messaging may be removed or not made available for that item or owner.

3                  ACCESSIBILITY STATEMENT

We are committed to making our Platform accessible and usable for as many people as possible. We strive to ensure that our services are inclusive and welcoming to all users. If you encounter any accessibility barriers or have suggestions for improvements, please do not hesitate to contact us at support@lostnreturned.com so we can address your needs. Your feedback is valuable in helping us enhance accessibility for everyone.

4                  YOUR OBLIGATIONS

You must not:

(a)               copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher, decompile or otherwise attempt to derive the source code of any part or aspect of the Platform (including any QR code landing pages) without our express consent;

(b)               use the Platform for any purpose other than accessing and managing your account, generating or managing QR codes, facilitating communication between owners and finders of items, purchasing our products or services, or browsing information we make available about our services;

(c)                use, or attempt to use, the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(d)               use, or attempt to use, the Platform in a manner that may interfere with, disrupt or create undue burden on the Platform or the servers or networks that host the Platform;

(e)               use the Platform with the assistance of any automated scripting tool, bot, scraper, crawler, data mining tool, or similar software (including any automated or bulk scanning of QR codes or automated access to QR code landing pages);

(f)                 act in a way that may diminish or adversely impact our reputation, including by linking to the Platform on any other website in a misleading way, by misusing any QR codes or QR code landing pages generated through the Platform, or by using the Platform or any QR code in connection with any misleading, harassing, coercive or otherwise inappropriate request or communication to a finder or any other third party; and

(g)               attempt to breach the security of the Platform (including any QR code landing pages), or otherwise interfere with the normal functions of the Platform, including by:

(i)                 gaining unauthorised access to Platform accounts or data;

(ii)                scanning, probing or testing the Platform for security vulnerabilities;

(iii)               overloading, flooding, mailbombing, crashing or submitting a virus to the Platform; or

(iv)               instigate or participate in a denial-of-service attack against the Platform.

4.2               DIRECT CONTACT FEATURE 

If an owner enables the ‘Direct Contact’ feature (Direct Contact) at account level (and it is off by default), the Platform may display contact details provided by the owner (for example, email address and/or telephone number) on the relevant QR code landing page so that a finder can contact the owner directly. Where Direct Contact is enabled, the Platform contact form and any other platform-mediated messaging functionality may be removed, disabled or not made available for that item or owner.

4.3               OWNER RESPONSIBILITIES AND WARRANTIES (DIRECT CONTACT)

(a)               If you are an owner and you enable Direct Contact or otherwise choose to display contact details on a QR code landing page, you acknowledge that you are choosing to publish those details to any person who scans the QR code or accesses the landing page, and you do so at your own risk. You represent and warrant that any contact details you provide for display are accurate and current, and that you are authorised to publish and use them for this purpose (including where the details relate to another person, you have obtained that person’s consent (where required) and have a lawful basis to share their details).

(b)               You acknowledge that publishing contact details may result in unwanted, unsolicited or inappropriate contact (including spam, scams, harassment, or attempted fraud). You are responsible for selecting what contact details to display (for example, using a dedicated email address or phone number) and for managing, blocking, filtering or otherwise dealing with communications you receive.

(c)                Direct Contact communications occur outside the Platform and are solely between you and the finder. We do not monitor, moderate, control, store or verify direct communications, and we do not guarantee that any person contacting you is a genuine finder or that any item will be returned.

4.4               FINDER ACCEPTABLE USE (DIRECT CONTACT)

(a)               If you are a finder and you obtain an owner’s contact details via a QR code landing page or otherwise via the Platform, you must use those details only for the genuine purpose of attempting to return the relevant item to its owner (or to confirm ownership and arrange a safe return) and for no other purpose.

(b)               You must not: (i) use an owner’s contact details for marketing, solicitation, spam, harassment, threats, abuse, stalking, or any other inappropriate or unlawful conduct; (ii) publish, share, sell, compile, scrape, harvest or otherwise misuse an owner’s contact details (including by using automated means); (iii) misrepresent that you have found an item, or make false claims to obtain money, rewards, personal data or any other benefit; or (iv) contact an owner excessively or in a manner that a reasonable person would consider abusive or disruptive.

4.5               DIRECT CONTACT: RISK ALLOCATION AND DISCLAIMER

You acknowledge and agree that Direct Contact is an optional feature (enabled by an owner at account level and off by default) that may increase the risk of unwanted contact and misuse. To the fullest extent permitted by law, we disclaim all liability arising out of or in connection with: (a) any direct communications, interactions, meetings, arrangements or disputes between owners and finders; (b) any misuse of published contact details by any person; and (c) any loss, damage, fraud, scam, harassment, threats, theft or harm arising from or relating to Direct Contact or any owner–finder communications whether initiated through the Platform or occurring outside the Platform.

5                  POSTED MATERIALS

5.1               WARRANTIES

By providing or posting any information, messages (including any finder or owner messages relating to items), reviews, ratings, feedback, materials, images, GIFs, emojis or other content on the Platform, on any QR code landing page, through any communication forums provided on the Platform, or via any AI chatbot or WhatsApp or other messaging channel that we make available (Posted Material), you represent and warrant that: 

(a)               you are authorised to provide the Posted Material (including by being authorised to post any message, review, rating or feedback in relation to any item, person or service);

(b)               the Posted Material is accurate and true at the time it is provided;

(c)                any Posted Material which is in the form of a message, review or feedback is honest, accurate and presents a fair view of the relevant person, item and experience;

(d)               the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications, does not rely on stereotypes, prejudices or generalisations about people based on race, ethnicity, religion, gender, sexual orientation or other personal characteristics, and does not contain any offensive or explicit material;

(e)               the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;

(f)                 the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and

(g)               the Posted Material does not breach or infringe any applicable laws.

5.2               LICENCE

(a)               You grant us a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for us to operate, provide, improve and promote the Platform and our services (including by displaying, re‑using, editing for length or clarity, aggregating and publishing reviews, ratings and feedback on the Platform, in our marketing materials and on our social media channels), and otherwise use or enjoy the benefit of such Posted Material in connection with our business.

(b)               If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release us from any and all claims that you could assert against us by virtue of any such moral rights.

(c)                You indemnify us against all damages, losses, costs and expenses incurred by us arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.

5.3               REMOVAL

(a)               We act as a passive conduit for the online distribution and routing of Posted Material (including finder or owner messages sent via QR code landing pages or other messaging channels we make available) and have no obligation to screen Posted Material in advance of it being posted or transmitted. Posted Material is the sole responsibility of the person who originates it, and we are not responsible or liable for any Posted Material (including any inaccurate, misleading, offensive, discriminatory, defamatory or otherwise unlawful messages or content), or for any loss or damage arising from or in connection with such Posted Material or any reliance placed on it. However, we may, in our absolute discretion, review and remove any Posted Material (including links to you, your profile, messages, review(s), rating(s), feedback or any other information you have posted on the Platform, on any QR code landing page, or via any AI chatbot or WhatsApp or other messaging channel that we make available) at any time without giving any explanation or justification for removing the Posted Material.

(b)               You agree that you are responsible for keeping and maintaining your own records of Posted Material where you need to retain such records.

6                  INFORMATION ON THE PLATFORM

While we will use our best endeavours to ensure the Platform is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:

(a)               the Platform may have errors or defects;

(b)               the Platform may not be accessible at times;

(c)                messages sent through the Platform may not be delivered promptly, or delivered at all;

(d)               information you receive or supply through the Platform may not be secure or confidential; or

(e)               any information provided through the Platform may not be accurate or true.

We reserve the right to change any information, content or functionality on the Platform by updating the Platform at any time without notice, including the nature and description of services provided (including any QR code or messaging functionality), prices, and other Platform Content. Without limiting any other provision of these Terms or our Subscription Terms and Conditions, you acknowledge and agree that the Platform and any related services are intended only to help facilitate communication between owners and potential finders of items (including by displaying owner contact details for Direct Contact where enabled at account level), and we do not and cannot guarantee that any item will be found, recovered, returned or kept safe, or that any particular outcome will be achieved.

7                  INTELLECTUAL PROPERTY

(a)               We retain ownership of the Platform and all materials on the Platform (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads, software, QR code landing page layouts and system-generated content, including any content generated by or through any AI chatbot we make available) (Platform Content) and reserve all rights in any intellectual property rights owned or licensed by us not expressly granted to you. This does not affect your rights in any Posted Material that you own and license to us under clause 5.2.

(b)               You may make a temporary electronic copy of all or part of the Platform for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Platform or any Platform Content (including any QR code landing page or any content generated by or through any AI chatbot we make available) without prior written consent from us or as permitted by law.

8                  LINKS TO OTHER WEBSITES

(a)               The Platform may contain links to other websites that are not our responsibility. We have no control over the content of the linked websites and we are not responsible for it.

(b)               Inclusion of any linked website on the Platform does not imply our approval or endorsement of the linked website.

9                  THIRD PARTY CONTENT

The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). We do not accept any responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

10               SECURITY

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Platform. You should take your own precautions to ensure that the process that you employ for accessing the Platform does not expose you to risk of viruses, malicious computer code or other forms of interference.

11               REPORTING MISUSE

If you become aware of misuse of the Platform (including any abusive or suspicious QR code scanning activity, misuse of any messaging, AI chatbot or WhatsApp channels we make available, or misuse of any contact details displayed via Direct Contact) by any person, any errors in the material on the Platform or any difficulty in accessing or using the Platform, please contact us immediately using the contact details (see below ‘How to contact us’).

12               PRIVACY

You agree to be bound by our Privacy Policy, which can be found at lostnreturned.com/privacy-policy. Our Privacy Policy explains how we collect, use, store and protect your personal data, and sets out your rights under applicable data protection laws (including the UK General Data Protection Regulation and, where applicable, the EU General Data Protection Regulation). We also use cookies and similar technologies as described in our Cookie Policy (available on the Platform). Additional privacy notices or terms may apply to specific services or features and will be made available where relevant.

13               LIABILITY

The Platform (including all Platform Content, QR code landing pages, AI chatbot interactions, Direct Contact functionality and any WhatsApp or other messaging channels we make available) is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we exclude all warranties, representations and guarantees (whether express, implied or statutory) in relation to the Platform, including any implied warranties of accuracy, non-infringement, merchantability, satisfactory quality and fitness for a particular purpose, and any warranties that access to the Platform will be uninterrupted or error-free. You acknowledge that we do not control or verify the identity, honesty or conduct of owners, finders or other users, we do not control what they do with any information they receive via the Platform (including any contact details displayed via Direct Contact), and we are not responsible for their acts or omissions. In particular, we are not responsible or liable for: (i) any item being lost, stolen, damaged, misused or not recovered; (ii) any failure by a finder to respond or to take any particular action in relation to an item; or (iii) any misleading, fraudulent, harassing, discriminatory, coercive or otherwise inappropriate conduct by an owner, finder or other user, whether or not it involves a real or purported lost item. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or any statutory rights you may have as a consumer under UK or EU law. Subject to the foregoing, we will not be responsible to you or any third party for any loss of profit, loss of revenue, loss of data, loss of goodwill, or any indirect, consequential or special loss suffered in connection with the use of, or inability to use, the Platform, and our total aggregate liability to you in connection with the Platform and these Terms will be limited to £100 or, if you have paid fees to us for use of the Platform in the 12 months preceding the event giving rise to the claim, the amount of those fees (whichever is greater).

14               GENERAL

14.1            GOVERNING LAW AND JURISDICTION

These Terms are governed by the law applying in England and Wales. If you are not a consumer, each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales in respect of any proceedings arising out of or in connection with these Terms. If you are a consumer resident in the UK or the EU, you and we may bring proceedings in your local courts or in the courts of England and Wales, and you may also benefit from any mandatory provisions of the laws of your country of residence. Nothing in these Terms affects any rights you may have as a consumer to rely on such mandatory local law or to bring proceedings in your local courts.

14.2            EXCLUDED COUNTRIES AND SANCTIONS

We do not currently provide services (including the ability to place orders or purchase subscriptions) to users in mainland China, Russia, or in any country or territory that is subject to comprehensive UK, EU or US trade or economic sanctions, or where local compliance requirements are incompatible with our operational model. We may, however, allow limited technical access to certain parts of the Platform (for example, QR code landing pages) from such locations solely to enable a finder to help with the recovery of an item. We reserve the right to refuse, suspend or terminate access to the Platform or any part of it, or to cancel or decline any order, where we reasonably believe that providing access or fulfilling the order would breach, or risk breaching, any applicable export control, sanctions or similar laws. You are responsible for ensuring that your use of the Platform complies with all applicable export control and sanctions laws.

14.3            WAIVER

No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

14.4            SEVERANCE

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

14.5            OTHER TERMS AND POLICIES

Additional terms may apply to purchases, subscriptions or specific features made available through the Platform. For the avoidance of doubt and for consumers: (a) all purchases of products and subscriptions through the Platform are governed by our Subscription Terms and Conditions; (b) returns, refunds and cancellations are governed by our Returns, Refunds and Cancellations Policy; (c) delivery and shipping matters are governed by our Shipping and Delivery Policy; and (d) in the event of any conflict between these Terms and the Subscription Terms and Conditions or those policies in relation to a consumer purchase, the Subscription Terms and Conditions and the relevant policy will prevail to the extent of the inconsistency.

14.6            SERVICE AVAILABILITY AND DEPENDENCY

The Platform and services (including QR codes, recovery pages and messaging functionality) are provided on an ongoing basis but are not guaranteed to be available indefinitely. You acknowledge that the functionality of any QR codes or related products depends on the continued operation of the Platform and, where applicable, an active subscription. If we suspend or discontinue the Platform or any part of the services (whether generally or in a specific region), QR codes and recovery pages may cease to function or may redirect to a general information page. Where reasonably practicable, we will provide advance notice of any material suspension or discontinuation of the services. To the fullest extent permitted by law, we shall not be liable for any loss arising from the unavailability or discontinuation of the Platform or services, except where such liability cannot be excluded under applicable law (including any statutory rights you may have as a consumer). Where the Platform or any paid service is discontinued, we will aim to provide a pro-rata refund of any prepaid subscription fees in respect of any unexpired subscription period.

15               HOW TO CONTACT US

You can contact us by email at support@lostnreturned.com if you have any questions about these Terms, the Platform (including accessibility), or to report any misuse or abuse of the Platform.