Welcome to LostnReturned – a service that helps people and organisations tag, identify and recover their belongings using unique identifiers (including QR codes and other tags), personal recovery pages and related tools, operated by LOSTNRETURNED LIMITED (Company number: 16604363) having its registered office at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ (Company). When you purchase a Subscription, you receive access to a personal or business recovery page, a unique QR code (or other unique identifier) linked to that page, a welcome pack containing QR stickers and any accessories you purchased, and tools for managing your account, notifications and item details. Our services may include subscription plans, one-off purchases of physical products (such as tags, stickers and accessories), and tools that help connect finders and owners of lost items. Certain Subscription tiers (including our Pro plan) may also include optional features that allow you to display selected contact details on your recovery page so that a finder can contact you directly (for example, by phone/SMS, WhatsApp or email) (Direct Contact).

In these terms, we also refer to Company as “our”, “we”, or “us”.

In these terms, “you” or “User” refers to the person or entity accessing the Platform, whether as a consumer or as a business customer (including where you purchase or manage tags or subscriptions on behalf of an organisation).

What are these terms about?

The Platform allows you to link your items to unique identifiers (for example, QR codes or other tags), manage your profile and contact preferences, and access our lost-and-found related services and tools. You may also purchase physical products (such as tags, stickers and accessories) and subscription plans through the Platform. When someone finds an item with your QR code or other unique identifier, they can scan it and submit a message via your recovery page. We then forward the finder’s message to you, allowing you to decide how and when to make contact.

These terms also apply when you access the services provided through this Platform (“Services”), which may include: (a) subscription plans that provide access to certain features (for example, the ability to manage a single Recovery Page and use it across multiple items), enhanced messaging, Direct Contact for Pro users, or priority support); (b) the sale and delivery of physical products (for example, tags, stickers and accessories); (c) tools that allow finders to notify owners that an item has been found; and (d) any other features, content or functionality we make available from time to time. The availability of particular features (including Direct Contact), and any feature limits, compatibility requirements or included channels (for example, phone/SMS, WhatsApp or email), may vary by Subscription tier and may change over time as described in these terms and on the Platform (including the pricing and feature comparison pages). Where your Subscription includes Direct Contact, you may disable it at any time through your account settings, and your contact details will be removed from your Recovery Page immediately upon doing so.

Company does not offer tracking, locating, or “find my device” services. We provide a connection service only. We do not and cannot guarantee that your item will be found, that a finder will scan your QR code, that a finder will submit information, or that your item will be returned. Recovery depends entirely on the actions of third-party finders, over whom we have no control. 

Company is not responsible for and expressly disclaims all liability for: (a) any interactions, communications, meetings or arrangements between owners and finders; (b) any misuse of contact details once shared between owners and finders (including where you enable Direct Contact and publish your contact details); (c) any scams, fraud, theft, disputes or harm arising from owner-finder interactions; and (d) any failure of a finder to return an item or an owner to collect an item. We strongly recommend following safety guidance available on our website, including meeting in public places and bringing a companion. Users must not use the Platform or Services to deceive, coerce, harass, threaten, stalk or defraud any person (including by making false claims about lost or found items), or use the Platform or any contact details obtained through the Platform (including via Direct Contact) for marketing, spam, or any purpose unrelated to returning an item. We may suspend or terminate accounts and cooperate with law enforcement where we reasonably suspect such misuse. We are not responsible for any loss or harm arising from such misuse by a User.

Where the provision of Services includes any support services, your recovery page may display a pseudonymous Support ID (for example, LNR-XXXX-XXXX) (and it may also appear in the page URL) to help us identify the relevant page and associated account quickly for customer support and troubleshooting purposes. We may ask you to quote this Support ID when you contact us so that we can identify your account and subscription level and provide appropriate assistance.

We do not currently provide Subscription Services or accept orders from users located outside the United Kingdom and the European Economic Area (EEA). We reserve the right to refuse service where local compliance requirements are incompatible with our operational model. However, if someone outside these regions scans a QR code from an existing subscription, the recovery page will load to facilitate item recovery.

Our Website Terms and Conditions, Privacy Policy, Cookie Policy, Returns Policy and any safety guidance or acceptable-use rules we publish on the Platform (together with any other policies referenced on the Platform from time to time) may also apply to your use of the Platform and Services (including Direct Contact), depending on how you interact with the Platform (for example, browsing the website, making a purchase or using your account). You should review these documents before using the Platform.

In addition to these Subscription & Product Terms and our Privacy Policy, your use of the Platform is also subject to: (a) our Website Terms and Conditions, which govern your general use of our websites, QR code landing pages and any associated content; (b) our Cookie Policy, which explains how we use cookies and similar technologies; and (c) any acceptable use, content or community guidelines we publish on the Platform from time to time. Copies of these documents are available on our website and may be updated periodically.

I’ve returned to your Platform, do I need to read these terms again?

1                   ACCESS AND USE OF THE PLATFORM

(a)               You must only use the Platform in accordance with these terms and any applicable laws. If you are using the Platform on behalf of a business or organisation, you must ensure that your employees, contractors and agents who use or access the Platform comply with these terms and applicable laws, and you will be responsible for their use of the Platform. You are responsible for ensuring that any information you submit to the Platform (including contact details and item descriptions), and any contact details you choose to display using Direct Contact, is accurate and lawful in your jurisdiction, and that you comply with any safety guidance and acceptable-use requirements published on the Platform from time to time.

(b)               Access to and use of the Platform and Services is intended for individuals who are at least 18 years of age, or who otherwise have legal capacity to enter into binding contracts in their country of residence. If you are under 18, you must not use the Platform or Services or purchase any Subscription or Products. We do not knowingly enter into contracts directly with children or knowingly collect personal data from children without a legal basis, and you must not provide us with personal data relating to children unless you have a lawful basis and all necessary consents. 

(c)                We reserve the right, acting reasonably, to refuse, suspend or cancel access to the Platform, Subscription Services or Products where: 

(i)                 we reasonably believe you do not meet the eligibility requirements; 

(ii)                we identify misuse, fraud, abuse, harassment, or other behaviour that breaches these terms or applicable law; or 

(iii)               we are required to do so by law, a court, a regulator or a competent authority. 

(d)               We are committed to making our Platform accessible and usable for as many people as possible. If you encounter accessibility barriers, please contact us on support@lostnreturned.com so we can address your needs.

2                   ACCOUNTS

2.1               ACCOUNTS

(a)               In order to use some of the functionality of the Platform (for example, to manage your recovery page, QR codes or other unique identifier, manage subscriptions or view your history), and in particular to use the Subscription Services, you will be required to sign-up, register and create an account through the Platform (an Account).

(b)               As part of the Account registration process and continued use of the Platform, you will be required to provide information including your name (or business name), contact details, email, a secure password, and (where you purchase paid Services) billing information and payment details, and any other information reasonably requested by us. If you register or use an Account on behalf of a business or organisation, you confirm that you are authorised to bind that business or organisation to these terms.

(c)                You agree that you’re solely responsible for:

(i)                 maintaining the confidentiality and security of your Account information and your password; and

(ii)                any activities and those of any third party that occur through your Account, whether those activities have been authorised by you or not.

(d)               You warrant that any information you give to the Company in the course of completing the Account registration process will always be accurate, honest, correct and up to date.

(e)               Once you complete the Account registration process, Company may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.

(f)                 Company reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.

(g)               Company may suspend or cancel your Account: (a) immediately and without prior notice for any material breach of these terms or violation of applicable laws (including misuse of QR codes or recovery pages, spamming finder forms, attempting unauthorised access, reverse engineering our QR system, or using the service to stalk, harass or harm anyone); (b) immediately where required by law or by a competent authority; or (c) upon providing reasonable written notice (which shall be at least 30 days unless circumstances reasonably require a shorter period) for any other reason, subject to any applicable consumer protection rights you may have. During any suspension period, you will remain liable for all fees and charges already incurred, and Company shall not be liable for any loss or damage arising from such suspension or cancellation, except to the extent that such exclusion is not permitted by applicable law (including, where relevant, your rights as a consumer). Material breach includes, but is not limited to, non-payment of fees, misuse of the Platform, attempts to interfere with the security or operation of the Platform, or use of the Platform in a way that is unlawful or infringes third party rights.

(h)               You also agree to let us know if you detect any unusual activity on your Account as soon as you become aware of it.

(i)                 We will not be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Account information or your password, except to the extent that such exclusion or limitation is not permitted by applicable law.

(j)                 You agree to release Company from any and all liability for any loss or damage that arises out of or in connection with information you provide that is not accurate, honest, correct or up-to-date, to the extent permitted by applicable law.

2.2               ACCOUNT CANCELLATION

(a)               (Cancellation by you) You are responsible for the cancellation of your Account. You can cancel your Account at any time by using the functionality provided on the Platform or by contacting us using the details set out below. Upon cancellation, your Account and Subscription will remain active until the end of your current billing period. After your subscription expires (or if your Account is otherwise terminated in accordance with these terms), your QR code(s) will be deactivated and will redirect visitors to the Company homepage rather than your personal recovery page. Upon account cancellation or termination, we will retain your User Content for as long as reasonably necessary for the purposes set out in our Privacy Policy and to comply with our legal obligations (for example, tax and accounting requirements), after which it will be deleted or anonymised in accordance with our data retention policy (see the “Data Backup” section below). During any applicable retention period, we will maintain your data in an access-controlled environment. Where technically feasible, you may export certain User Content before your Account is closed. Nothing in this clause affects any statutory rights you may have to request erasure of your personal data under applicable data protection laws.

(b)               (Cancellation by us) To the extent permitted by law, we reserve the right to terminate your access to any or all of the Platform at any time without notice and without issuing a refund if you materially breach any provision of these terms. This does not affect any rights you may have under applicable consumer law to a refund or other remedy.

3                   SUBSCRIPTIONS, SETUP FEES AND PAYMENT

(a)               (Subscription, Setup Fee and Onboarding)Access to certain features of the Platform (“Subscription Services”) requires payment of: (i) a one-time, non-refundable setup/activation fee covering QR code generation, account setup, and dispatch of your welcome pack (including QR stickers and any purchased accessories); and (ii) recurring subscription fees as set out below. The setup fee is charged once per account at the time of initial registration and is separate from your ongoing subscription charges. Access to Subscription Services further requires:

(i)                 creation of a valid user account and acceptance of these Terms;

(ii)                for paid tier users, payment of the applicable subscription fee (monthly, annual or other billing frequency offered by us) based on the selected subscription plan; and

(iii)               completion of any verification steps we reasonably require (for example, email verification or confirmation of payment details) before accessing paid features.

(b)               (Subscription models) The Platform may offer various subscription tiers with different features and limits (for example, number of items, types of notifications, Direct Contact availability, or level of support). Detailed pricing, feature comparisons and any plan-specific conditions for each tier are available on the Platform (including the pricing page), as updated from time to time.

(c)                (Gifting, gift recipients and gift cards) Where you purchase a Subscription, Product or gift card/voucher as a gift for another person: 

(i)                 we may collect and process limited personal data about the gift recipient (such as their name, email address or delivery address) in order to issue, deliver or activate the gift and to provide the Services, in which case we will process such data as an independent controller in accordance with our Privacy Policy; 

(ii)                you must ensure that you have a lawful basis to provide us with any personal data about the gift recipient and that you have informed them, where required, that we will process their data in connection with the gift; 

(iii)               once the recipient activates their Account or otherwise accepts the gift, they will become a User in their own right and these terms (and our Website Terms and Conditions and Privacy Policy) will apply directly between us and the recipient; and 

(iv)               we may send the recipient service, activation and reminder emails or messages relating to the gifted Subscription or Product. 

Any gift cards or vouchers we issue (whether physical or electronic) are valid for the period stated at the time of purchase or, if no period is stated, for 12 months from the date of issue, after which any unused balance will expire and will not be refundable, except where a longer validity period or a different treatment is required by applicable consumer law in your jurisdiction.

(d)               (Payment obligations) Unless otherwise agreed in writing, you must pay: (i) the setup/activation fee at the time of placing your initial order; and (ii) subscription fees for the subscription plan selected by you. The setup fee is payable once and is non-refundable (except where you exercise statutory cancellation rights within any applicable cooling-off period). All subscription fees are due and payable in advance of the applicable subscription period. Failure to pay fees when due may result in service suspension or termination after reasonable notice.

(e)               (Taxes) Unless otherwise stated, all prices displayed on the Platform are exclusive of value added tax (VAT) and any other applicable sales, use or similar taxes. VAT and other applicable taxes will be charged where required by law, based on the customer’s location and the nature of the goods or services supplied. In relation to any VAT payable for a taxable supply by us to customers in the UK or EU, you must pay the VAT at the applicable rate in addition to the net amounts, subject to us providing a valid tax invoice. For orders delivered outside the UK, additional import duties, customs charges, local taxes or handling fees may be imposed by your local customs authorities or postal carrier. These charges are not included in our prices and are your responsibility. We are not responsible for advising you of the exact amount of such charges, and we recommend that you contact your local customs office for further information before placing an order.

(f)                 (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already  been debited, the full amount will be credited back to your original method of payment.

(g)               (Refunds and Cancellation Rights) If you cancel a contract with us for a Subscription or return eligible physical products, we will process any refund due to you as soon as possible and, in any case, within 14 days, in accordance with our returns and cancellation policy and any applicable consumer law:

(i)                 Cooling-off period – start dates: For subscriptions, your 14-day statutory cooling-off period begins on the date we confirm your order and your account is activated. For physical goods, your 14-day statutory cooling-off period begins on the day you (or a person you nominate) receive the goods.

(ii)                How to exercise your right to cancel: You may cancel within the cooling-off period by (a) using the cancellation or account-management area within your account on the Platform; or (b) emailing us at support@lostnreturned.com with your name, account details and a clear statement that you wish to cancel. We will acknowledge your cancellation by email. You may use the model cancellation form available on our website, but you are not required to do so.

(iii)               Refunds – goods: Where you cancel a contract for physical goods within the cooling-off period, we will refund: (i) the price you paid for the goods; and (ii) the standard outbound delivery charge you paid (where the cancellation is for any reason and not limited to defective goods), except that we are not required to refund any additional delivery cost if you chose a delivery option more expensive than our standard delivery. We will process the refund within 14 days of the day we receive the returned goods back, or (if earlier) within 14 days of the day you provide us with evidence that you have sent the goods back to us. We will refund you using the same payment method you used, unless otherwise agreed. Physical products must be returned in their original condition, unused and with all original packaging, to be eligible for a full refund (except where the product is faulty or not as described, in which case your statutory rights apply regardless of condition). Products showing signs of use, damage, or missing components that are not the result of a defect may not be eligible for a full refund. You are responsible for the cost of returning goods to us unless the goods are faulty or not as described.

(iv)               Refunds – subscriptions: The setup/activation fee is non-refundable except where you exercise your statutory cancellation rights within the applicable cooling-off period (for example, within 14 days of account activation under the Consumer Contracts Regulations 2013). No refund of subscription fees will be provided for any unused portion of a subscription period after the cooling-off period has expired, except where required by applicable law. Manufacturing defects are covered separately under clause 4 below.

(h)               (Auto-renewal) Unless you cancel your Subscription or we discontinue the service, it will be automatically renewed at the end of each subscription term, at the rate(s) then in effect. Any rate increase will be communicated to you at least 45 days before the renewal date, where reasonably practicable. You will receive an auto-renewal reminder notice with the then current rate(s) before we charge your payment method for a renewing Subscription, where required by applicable law. You may opt out of the automatic renewal at any time by contacting customer service using the details set out in the “NOTICES” clause or through your account settings on the Platform. If you cancel your Subscription, it will remain active until the end of your current subscription period and will not renew for a further subscription period. No refunds will be provided for any unused portion of the subscription period, except where required by applicable law (including where you exercise a statutory cooling-off right).

(i)                 (Fulfilment locations, shipping restrictions and sanctions) Physical Products are generally fulfilled and dispatched from facilities in the United Kingdom and/or the Netherlands. Delivery times and shipping costs will depend on your delivery address and will be shown or explained to you before you complete your purchase. We do not ship Products to all countries and may restrict or block orders to certain jurisdictions, addresses or persons where this would be unlawful, unduly burdensome or inconsistent with our internal risk policies (including, without limitation, countries or regions subject to comprehensive trade or economic sanctions, export control restrictions or similar measures, or where postal or courier services are not reliably available). We may cancel or decline an order, suspend or stop delivery, or deactivate affected Products or Services (without liability to you, except for a refund of any amounts you have paid for undelivered Products or unused Services, where required by law) if: (a) fulfilment or performance would breach, or risk breaching, any applicable sanctions, export control, anti-money laundering, anti-bribery, counter-terrorist financing or similar laws or regulations; (b) you, your payment method, your delivery address or your organisation appears on, or is reasonably suspected of being associated with, any applicable sanctions or restricted party list; or (c) we are otherwise prevented from fulfilling the order by circumstances outside our reasonable control.

(j)                 (Recurring Billing) By placing an order for a Subscription, you authorise us to charge you the subscription fee then in effect at the beginning of each billing period to your payment method. For example, you authorise us to charge your payment method the agreed subscription rate in subsequent billing periods. We reserve the right to change the timing of our billing, in particular, in the event your payment method has not successfully settled. If your payment method is declined for a recurring payment of your subscription fee, you must provide us with a new payment method promptly or your subscription may be suspended or cancelled. You acknowledge that the amount charged each billing period may vary for reasons that may include price changes or changing your subscription, and you authorise us to charge your payment method for such varying amounts each billing period.

4                   PRODUCT WARRANTIES, DEFECTS AND SAFETY WARNINGS

(a)               (Manufacturing defects) If physical Products supplied to you have a manufacturing defect (for example, QR codes that do not scan due to printing errors, tags that arrive broken or damaged, or stickers with defective adhesive that fails to stick upon first application), you must notify us within 30 days of delivery. We will, at our discretion, replace the defective Products or issue a refund in accordance with your statutory rights under the Consumer Rights Act 2015 (or equivalent consumer protection legislation in your jurisdiction). To report a defect, contact us using the details set out in the “NOTICES” clause with your order number, photographs of the defect, and a description of the issue. 

(b)               (Normal wear and tear) Physical Products are subject to normal wear and tear with use and exposure to environmental conditions. The following are not considered defects and are not covered by any warranty (but do not affect your statutory rights): (i) fading, discolouration or degradation of QR codes or printed materials due to prolonged exposure to sunlight, weather, or harsh conditions; (ii) scratching, scuffing or cosmetic damage from normal use; (iii) adhesive degradation over time or after removal and reapplication; (iv) damage caused by misuse, improper application, or application to unsuitable surfaces; and (v) adhesive residue left on surfaces after sticker removal (users are responsible for testing stickers on inconspicuous areas before application).

(c)                (Statutory rights) Nothing in this clause limits your statutory rights as a consumer under applicable law, including your rights under the Consumer Rights Act 2015 or equivalent legislation in your jurisdiction. If you are a consumer, you have legal rights in relation to Products that are faulty or not as described, and these terms do not affect those rights.

(d)               (Goodwill replacements) We may, at our sole and absolute discretion and without any obligation to do so, offer goodwill replacements or refunds for Products affected by normal wear and tear or other non-defect issues on a case-by-case basis. Each goodwill gesture (if any) is made entirely without prejudice to our position and on a one-off basis. Any such goodwill gesture: (i) does not create any contractual obligation, entitlement or precedent for future claims; (ii) does not constitute an admission of liability, fault or defect; and (iii) does not affect or waive any of our rights under these terms. We reserve the right to decline any request for goodwill replacement or refund without providing reasons.

(e)               (Lanyard Safety Warnings) LANYARDS ARE NOT TOYS AND PRESENT A STRANGULATION RISK. NOT SUITABLE FOR CHILDREN UNDER 3 YEARS. Lanyards are provided solely as item recovery accessories. They are not safety devices, load-bearing equipment, protective equipment, or guaranteed retention systems, and must not be relied upon to prevent the loss, dropping, theft, damage or injury associated with any item. All lanyards supplied by the Company incorporate breakaway safety clasps designed to release under pressure; however, the breakaway mechanism reduces but does not eliminate the risk of injury or entanglement. Lanyards must only be used with the original breakaway clasp provided and must not be modified, tied, taped, disabled or otherwise altered. Lanyards must not be used as toys, jewellery, or for play. However, parents, guardians and other responsible adults must assess whether a lanyard is suitable for their child’s age, maturity level and the specific environment in which it will be used (including but not limited to theme parks, school trips, public spaces and travel). It is the sole responsibility of parents and guardians to: (i) instruct children on the safe use of lanyards and the risks associated with them; (ii) ensure lanyards are not worn during sleep, unsupervised play, or in environments where entanglement or strangulation risk is heightened (including climbing frames, bunk beds, moving machinery or similar environments); (iii) regularly inspect lanyards and breakaway clasps for signs of wear, damage or malfunction before use; and (iv) immediately discontinue use if the lanyard or breakaway clasp shows any sign of defect or damage. This product is not a substitute for supervision. The Company does not recommend use of lanyards by children under 3 years of age under any circumstances. For children aged 3 and above, the decision to use a lanyard remains at the sole discretion and risk of the parent or guardian.

(f)                 (Printing and manufacturing tolerances) Due to the manufacturing, printing and cutting processes used for Products (including QR stickers, labels and tags), minor variations in print alignment, border positioning, colour, sizing, cutting placement or finish may occur between Products and between production batches. Minor cosmetic variations that do not materially affect the functionality, scannability, intended functionality or intended use of the Product are not considered defects and do not entitle you to a refund, replacement or other remedy, except where required by applicable law.

5                   YOUR OBLIGATIONS

You must not:

(a)               copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher, reverse engineer, reverse assemble, reverse compile or decompile any part or aspect of the Platform, including but not limited to its software, database structures, APIs, algorithms, source code, or technical documentation without the express written consent of the Company, except as strictly permitted by applicable law;

(b)               use the Platform for any purpose other than generating and managing your QR code and Recovery Page for use on your items, accessing lost-and-found related services, managing your subscriptions and purchases, and other lawful purposes in accordance with these Terms;

(c)                use, or attempt to use, the Platform in a manner that: (i) is illegal or fraudulent, or facilitates illegal or fraudulent activity; (ii) violates third-party intellectual property rights; (iii) breaches any applicable laws or regulations; or (iv) otherwise misuses QR codes or recovery pages, including by spamming finder forms, attempting unauthorised access, reverse engineering our QR system, using the service to stalk, harass or harm anyone, or engaging in any scams or fraudulent schemes involving finders or other users;

(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 or software (for example, bots or automated data extraction tools) in a way that we reasonably consider to be abusive, excessive or harmful to the Platform or other users;

(f)                 process or store any personal information in breach of applicable data protection laws, or handle personal data without complying with applicable privacy laws (including but not limited to UK GDPR, EU GDPR, and other applicable regional requirements). Users are responsible for ensuring compliance with all applicable data protection regulations and maintaining appropriate records of processing activities in jurisdictions where they operate, and act as independent controllers for any personal data they process using the Services. You must not use any contact details obtained through the Platform (including any details displayed through Direct Contact) for marketing, spam, harassment or any purpose unrelated to returning an item.

(g)               act in a way that may diminish or adversely impact the reputation of the Company, including by: (i) unauthorised linking to the Platform in a misleading way; (ii) making false or misleading statements about the Platform or Company on any website, social media platform, or forum; (iii) misrepresenting the relationship between you and Company; or (iv) attempting to circumvent the Platform’s subscription or usage restrictions; and

(h)               attempt to breach the security of the Platform, 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.

6                   INFORMATION ON THE PLATFORM

(a)               While we make every effort to ensure that the Platform functions as intended, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that: 

(i)                 we will pre-moderate any user-generated content, though we reserve the right to remove content that violates these terms or third-party rights upon notice;

(ii)                the Platform will be free from errors or defects (or both, as the case may be);

(iii)               the Platform will be accessible at all times;

(iv)               messages sent through the Platform will be delivered promptly or at all; any finder will scan your QR code, submit information, or return your item; or any owner-finder interaction will be safe, successful or result in item recovery;

(v)                information you receive or supply through the Platform will be secure or confidential; and

(vi)               any information provided through the Platform is accurate or true.

(b)               We reserve the right to change any information or functionality on the Platform by updating the Platform. Where we make material changes that significantly affect your use of the Services, we will provide you with reasonable prior notice (for example, by email or via the Platform). In the event of service discontinuation, we will provide at least 90 days’ notice where reasonably practicable. Where technically feasible, we will allow users to export their data in a commonly used, machine-readable format prior to discontinuation. Upon service discontinuation, active QR codes will be deactivated and will redirect to a general information page. Users retain all rights to their exported data, subject to applicable data protection and other laws.

(c)                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 in accordance with clause 6(b). To the fullest extent permitted by applicable 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 consumer protection or other mandatory laws.

7                   USER CONTENT

(a)               In the course of accessing and using the Services, you may create, upload, or input information about yourself or your organisation, item descriptions, images, messages between owners and finders, and other data (collectively referred to as “User Content”). While you retain ownership rights in your User Content, you grant Company: (a) a non-exclusive, worldwide licence to host, store, display and use such content as necessary to provide the Services during your subscription period or use of the Services; and (b) a perpetual, non-exclusive licence to use anonymised and aggregated data derived from your User Content for improving services, generating insights and other business purposes in compliance with applicable data protection laws. All users must comply with applicable data protection laws, including UK GDPR and, where applicable, EU GDPR, when handling personal data. For the purposes of data protection law: (i) Company is an independent controller for all personal data processed through the Subscription Services; and (ii) Business customers act as separate controllers for any personal data we pass to them (for example, where a finder submits their contact details via a recovery page linked to a business account and we transmit those details to the relevant business owner in order to facilitate item recovery).

(b)               The Company will store and process User Content in accordance with its Privacy Policy and in compliance with applicable data protection legislation, including but not limited to the UK GDPR, EU GDPR, and other relevant privacy laws applicable in the jurisdictions where the Services are provided. Company will:

(i)                 only use the User Content for providing the Services and for related purposes described in these terms and our Privacy Policy;

(ii)                process aggregated, anonymised data at an industry or service level for analytical purposes, provided that such anonymisation is irreversible and ensures that no individual user, item, or organisation can be identified or re-identified using reasonably available means;

(iii)               only disclose personal data to third parties (including passing finder contact details to the relevant owner or business account holder to facilitate item recovery, and where applicable, passing owner or account contact details to business customers as separate controllers so that they can arrange recovery of items): (A) as necessary to provide the Services; (B) to comply with law; or (C) as otherwise described in our Privacy Policy;

(iv)               implement appropriate technical and organisational measures to protect the User Content; and

(v)                not use any User Content containing personal data or confidential business information for development or improvement of its Services in a way that identifies you or any individual, without explicit consent, while maintaining the right to use anonymised, aggregated data in accordance with applicable data protection laws.

(c)                You are responsible for all input data and information and represent and warrant that you have all rights, title, interest, licences and permissions, as may be required, to provide such input data and information while using the Services. You further acknowledge and confirm that you will be solely responsible for evaluating the accuracy and appropriateness of any output or information generated for you through the Services. The Company or any of its third-party suppliers will in no way be responsible for ensuring the accuracy or suitability of such output data for your particular purposes.

(d)               You acknowledge and agree that due to the nature of the Services provided through the Platform, certain templates, tools, reporting formats, and standard features may be similar or identical across different users’ accounts, and such similarities do not constitute infringement of intellectual property rights. The existence of such similarities shall not be grounds for any claims between users. However, your specific User Content (for example, your item data, profile information and messages) remains your property. Any analytics or usage data collected will be anonymised and aggregated using irreversible anonymisation techniques that ensure specific individuals, items or organisations cannot be identified or re-identified using reasonably available means, in accordance with UK GDPR requirements.

(e)               We implement reasonable technical and organisational security measures designed to protect User Content against unauthorised or unlawful processing and against accidental loss, destruction or damage. Further details are set out in our Privacy Policy. However, no method of transmission over the internet or method of electronic storage is completely secure, and we cannot guarantee absolute security.

(f)                 You shall not use any Platform-generated content, data, analytics, reports, templates, or any other output from the Services to develop, directly or indirectly (whether independently or in collaboration with third parties), any competing lost-and-found, tagging or similar identification and recovery platforms or services that replicate or compete with the core functionalities of the Platform. Any breach of this provision will constitute a material breach of these Terms and may result in immediate termination of your account and legal action for damages. While you may use the Platform’s output for your own personal or internal business purposes, you must not use such output to train AI models or redistribute it as development tools or services to third parties in any form, except as explicitly permitted in writing by us.

8                   INTELLECTUAL PROPERTY

(a)               Company retains ownership of the Platform, its technology, and all materials on the Platform (including text, graphics, logos, design, icons, images, tag and QR code designs, software and other content) (Platform Content). Users retain ownership rights only in their User Content as described above. All Platform technology (including APIs, algorithms, methods, processes, tag identifiers, QR code formats and underlying technical elements) remains the exclusive property of the Company, regardless of how they are used in your operations. If you are a business customer and we provide you with business-branded tags, QR codes or other branded implementations, you retain your rights in your own branding (such as your name and logo), but we retain all rights in the underlying tag identifiers, QR formats and Platform technology. Where you supply logos, branding, or artwork for use on business-branded Products, you must provide such materials in the technical specifications we require (which will be communicated to you during the ordering process), and you must review and approve digital proofs before production commences. Any delays in providing artwork or approving proofs may affect delivery timeframes. Where you are a business customer supplying logos, trade marks, branding, or other artwork for incorporation into business-branded Products or QR codes, you warrant and represent that: (i) you own all intellectual property rights in such materials or have obtained all necessary licenses, consents and permissions to use them and to authorise us to reproduce them on Products; (ii) the use of such materials on Products and in connection with the Services will not infringe any third-party intellectual property rights, including trade marks, copyright, design rights, or other proprietary rights; (iii) such materials comply with all applicable laws and regulations, including advertising standards, consumer protection requirements, and do not contain any defamatory, obscene, or unlawful content; and (iv) you have authority to bind the organisation whose branding is being used. You agree to indemnify, defend, and hold harmless the Company, its officers, employees, agents, and subcontractors against any and all losses, damages, liabilities, costs and expenses (including reasonable legal fees and costs of investigation and defence) arising from or in connection with any third-party claims, demands, or actions alleging infringement or misuse of intellectual property rights, breach of applicable laws, or any other breach of the warranties in this clause relating to logos, branding, or artwork you have provided. This indemnity shall survive termination of these Terms. The Company reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you, including any improvements, modifications, or derivative works developed based on user feedback, platform usage data, or market analysis.

(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 without prior written consent from Company or as permitted by law. This restriction specifically includes any attempt to extract or repurpose aggregated data or analysis provided through the Platform’s modules.

(c)                Company retains all intellectual property rights in the Services, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Services.

(d)               In this clause 8, “intellectual property rights” means all intellectual property rights of any nature, including but not limited to: (a) copyright (including rights in computer software and databases); (b) trade marks, service marks and trade names; (c) design rights (registered and unregistered); (d) patents and rights in inventions; (e) semiconductor and circuit layout rights; (f) domain names; (g) rights in confidential information, know-how and trade secrets; (h) database rights; and (i) any other proprietary rights, and all applications for registration and rights to apply for registration of any of the foregoing, in each case whether registered or unregistered and including all renewals, extensions and revivals, and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

9                   THIRD PARTY SUPPLIERS

(a)                       We may do any of the following:

(i)                 outsource any part of performing any services; or

(ii)                procure any services from third party suppliers,

without further notice to or permission from you.

(b)               To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of third parties, including payment processors, hosting providers, delivery and logistics providers, or communication services, except where such acts or omissions result from our failure to exercise reasonable care in selecting such third parties. We will take reasonable steps to select reputable suppliers and to maintain appropriate security measures and data protection safeguards for all user data and content stored on our Platform.

10                THIRD PARTY TERMS AND CONDITIONS

(a)               The User acknowledges and agrees that third party terms & conditions (Third Party Terms) may apply. 

(b)               The User agrees to comply with all Third Party Terms applicable to any third party services used in connection with the Services, including but not limited to app store terms, payment processing services, and delivery or logistics providers. We are not responsible for any loss or damage suffered by the User in connection with such Third Party Terms or any liability arising from the use of User Content or the Services on or through third-party platforms, except to the extent that such exclusion or limitation is not permitted by applicable law.

(c)                You confirm and acknowledge that you will use the Services, any physical Products (including tags, labels, cards, stickers, keyrings and other branded items), and any User Content only in compliance with applicable laws, including UK and EU consumer protection law, distance selling and e-commerce rules, data protection regulations, anti-money laundering (AML) legislation where relevant, and any applicable professional or industry standards. You specifically agree not to: (a) upload or generate content that infringes third‑party intellectual property rights (including any business-branded QR codes, logos or trade marks used with the Services); (b) use the Services or Products for any unlawful, fraudulent or misleading purpose; (c) upload or transmit malicious code or content; (d) harass, threaten, abuse or otherwise act inappropriately towards any other user, owner or finder using the Services; (e) use the Services to stalk, track or otherwise interfere with any person’s privacy; or (f) circumvent, disable or interfere with any security or usage controls of the Platform or Products.

(d)               You acknowledge and agree that: 

(i)                 the Services are intended solely to facilitate contact between owners and finders of lost items and do not transfer ownership of any item; 

(ii)                Company does not track, locate or guarantee recovery of items. We facilitate contact between finders and owners but cannot control whether items are found, QR codes are scanned, finders submit information, or items are returned. The Services do not provide tracking, locating or “find my device” functionality and we do not guarantee that any item will be found, that a finder will scan a QR code, that a finder will submit information, or that any item will be returned. Recovery depends entirely on third-party finder actions; 

(iii)               any interaction, handover, meeting, arrangement or communication between an owner and a finder (including any reward offered or paid) is solely between those parties and entirely at their own risk. Company is not responsible for and expressly disclaims liability for any such interactions, communications, meetings or arrangements between owners and finders, including any misuse of contact details once shared between owners and finders, and any scams, fraud, theft, disputes or harm arising from owner-finder interactions. Users are advised to follow safety guidance (such as meeting in public places and bringing companions) when arranging to collect or return items; and 

(iv)               normal wear and tear, cosmetic damage, sticker residue, or loss or theft of any tagged item is not the responsibility of the Company. 

11                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 any linked websites, and we are not responsible for that content.

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

12                SECURITY

The Company implements industry-standard security measures including encryption, access controls, regular security assessments, and appropriate international data transfer mechanisms (including Standard Contractual Clauses or equivalent safeguards where applicable) to protect the Platform, the Subscription Services, the Products and associated data in compliance with applicable data protection requirements (including UK GDPR and, where applicable, EU GDPR). This includes specific measures to protect owner and finder contact details, account information, subscription and payment data, Support IDs, and any other personal data processed in connection with the Services. While the Company maintains these security standards, Users must also implement appropriate security measures, including but not limited to:

(a)               maintaining up-to-date anti-virus and security software;

(b)               ensuring secure access protocols for their authorised users;

(c)                implementing appropriate access management procedures; and

(d)               following security best practices as communicated by the Company.

The Company does not accept responsibility for loss or damage to your computer systems, devices, networks or data arising from your use of the Platform, Subscription Services or Products where such loss or damage is not caused by the Company’s negligence, breach of these terms, or breach of its security obligations under this agreement.

13                REPORTING MISUSE

If you become aware of any security incidents, unauthorised access, misuse of the Platform, Subscription Services or Products (including misuse of any QR code, Support ID or tag), or any errors in the material on the Platform or difficulty in accessing or using the Platform, please contact us as soon as practicable using the contact details made available on the Platform (see “NOTICES” below).

14                PRIVACY AND DATA PROTECTION

14.1            CLIENT DATA

(a)               Words and phrases in this section shall have the meaning given to them by applicable data protection and privacy legislation in force from time to time in the UK and, where applicable, the EU, including without limitation the UK GDPR, the Data Protection Act 2018 and the EU GDPR. Terms defined in such legislation such as “controller”, “processor”, “process” and “personal data” shall have their statutory meanings. For the purposes of these Terms: “User Content” means any content, text, images, branding, QR artwork, messages, item descriptions or other materials that you or your authorised users upload or submit to the Platform; “Product Data” means data associated with physical Products supplied by the Company (including tag IDs, Support IDs, activation status, and linkage to user accounts or items); and “Platform IP” means the Company’s proprietary technology, code, databases, designs, know‑how and other intellectual property used to provide the Services, Subscription Services and Products. Company is an independent controller for all personal data processed through the Subscription Services.

(b)               During and after the delivery of the Services and Subscription Services, the User agrees that the Company will be processing personal data for its own purposes as an independent controller under the Data Protection Legislation. This includes (but is not limited to) the following purposes:

(i)                 the Company providing, operating and improving the Services and Products (including subscription management, lost‑and‑found functionality, owner–finder messaging, Support ID management, and customer support);

(ii)                the Company and/or its subcontractors and third party suppliers using the contact details of the User to send service communications, marketing materials or other publications, subject to applicable consent and opt‑out requirements; 

(iii)               the Company processing personal data concerning its other clients, users and contacts in other ways for its own legitimate business purposes, including analytics, service improvement and fraud prevention;

(iv)               the Company processing and transferring personal data as necessary to effect a re‑organisation of its business; and 

(v)                the Company not sharing personal data with third parties except where: (A) required by law; (B) with the explicit consent of the User where required under applicable Data Protection Legislation; (C) necessary for the performance of the Services or delivery of Products; (D) in connection with a business reorganisation, merger, or sale, provided that the third party agrees to be bound by equivalent data protection obligations; or (E) with trusted service providers who assist in operating the Platform, processing payments, shipping Products and providing the Services, subject to written data processing agreements containing appropriate data protection safeguards. The Company may anonymise and aggregate data for industry-level analysis and reporting purposes, including but not limited to lost and found trends, Platform usage patterns, and performance metrics, provided such anonymisation is irreversible and ensures no individual user can be identified or re-identified using reasonably available means. 

(c)                Where the Company acts as a data processor, the User’s instructions are taken to include the use by the Company of sub-processors (including independent contractors and third party suppliers) for functions such as data and file storage, back‑up, destruction, billing, payment processing, subscription management, shipping and logistics, customer support, debt collection, and similar activities, provided that: (i) the Company maintains a current list of sub-processors available to Users; (ii) the Company provides prior written notice of any intended changes concerning the addition or replacement of sub-processors, giving Users the opportunity to object to such changes; (iii) each sub-processor is bound by written contract imposing data protection obligations equivalent to those in these Terms; and (iv) the Company remains fully liable for the acts and omissions of its sub-processors. This clause operates without prejudice to the Company’s status as an independent controller for personal data it processes for its own purposes.

(d)               By accepting these Terms, the User acknowledges and agrees to the Company’s processing of personal data as described in this Privacy and Data Protection section and in the Company’s Privacy Policy, to the extent such processing is necessary for the performance of the contract or for the Company’s legitimate interests. Where the Company’s processing relies on consent as the lawful basis under applicable Data Protection Legislation, such consent shall be obtained separately through clear affirmative action and may be withdrawn at any time without affecting the lawfulness of processing based on consent before its withdrawal.

(e)               Each party shall comply with the terms of the Data Protection Legislation.

14.2            THIRD PARTY DATA

(a)               During and after the delivery of Services, there may be occasions where the Company processes, on your behalf as a processor, personal data you have provided to the Company or entered into the Platform (for example, where you are a business customer and you provide personal data relating to your staff or customers for use with the Services), but only where and to the extent this has been expressly agreed in accordance with the Data Processing Schedule available at lostnreturned.com/data-processing-schedule (Data Processing Schedule) or such other written data processing agreement as may be entered into between you and the Company in writing.

(b)               You warrant that, before providing the Company with any personal data, you have established a lawful basis for processing under the Data Protection Legislation (including, where applicable, obtaining valid consent from data subjects) and have complied with all transparency and other obligations under applicable Data Protection Legislation, including providing data subjects with appropriate privacy information regarding the Company’s processing activities. 

(c)                You warrant, in relation to the personal information and all other data that you provide to the Company in connection with this agreement (Third Party Data), that: 

(i)                 You have all necessary rights in relation to Third Party Data, such that the Services can be performed in respect of that data;

(ii)                You are not breaching any Law by providing the Company with Third Party Data;

(iii)               the Company will not breach any Law by performing the Services in relation to any Third Party Data;

(iv)               there are no restrictions placed on the use of the Third Party Data (including by any Third Party Terms) and if there are any such restrictions, you have notified the Company of this, and the Company has agreed to perform the Services in respect of that data (being under no obligation to do so); and

(v)                the Company will not breach any Third Party Terms by performing the Services in relation to any Third Party Data.

(d)               You agree at all times to indemnify and hold harmless the Company and its officers, employees and agents from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those parties, where such loss or liability was caused or contributed to a breach of a warranty in clause 14.2(a).

(e)               You and the Company acknowledge that the roles of data controller and data processor, as defined under applicable Data Protection Legislation, will vary depending on the specific processing activities: (a) where the Company processes personal data for its own purposes as described in clause 14.1, it acts as an independent data controller; (b) where the Company processes personal data solely on your documented instructions as described in clause 14.2 and as expressly agreed in a separate written data processing agreement, it acts as a data processor; (c) you act as a separate controller in respect of any personal data you collect and use for your own purposes, including any personal data the Company passes to you via the Services; and (d) where both parties determine the purposes and means of processing, they may act as joint controllers and shall enter into a separate arrangement pursuant to Article 26 UK GDPR setting out their respective responsibilities.

(f)                 You and the Company will comply with the Data Protection Legislation.

(g)               The Company shall, in relation to any Personal Data processed in connection with this clause 14.2 where it acts as a data processor under a separate written data processing agreement:

(i)                 process that personal data only on your written instructions;

(ii)                keep the personal data confidential;

(iii)               comply with your reasonable instructions with respect to processing personal data;

(iv)               not transfer any personal data outside of the UK or European Economic Area (EEA), unless in accordance with both UK and EU Data Protection Legislation, including but not limited to UK GDPR and EU GDPR, and the Company ensures that: 

(A)               the transfer is to a country approved as providing an adequate level of protection for personal data; or 

(B)               there are appropriate safeguards in place for the transfer of personal data; or 

(C)              binding corporate rules are in place; or 

(D)              one of the derogations for specific situations applies to the transfer.

(v)                assist you, at your cost, in responding to any data subject access request and to ensure compliance with your obligations under the Data Protection Legislation applicable in your jurisdiction, taking into account the nature of processing and the information available to the Company, provided that: (i) you provide reasonable written notice (minimum 48 hours where practicable, but immediately where required by applicable law); (ii) the Company may charge reasonable fees for assistance beyond what is strictly required by applicable Data Protection Legislation; and (iii) such assistance shall cover data subject rights requests, security measures, breach notifications, data protection impact assessments and consultations with supervisory authorities;

(vi)               notify you without undue delay, and in any event within 24 hours, upon becoming aware of a personal data breach affecting personal data processed on your behalf, providing sufficient information to enable you to meet any obligations to report or inform data subjects of the breach under the Data Protection Legislation, and shall provide reasonable cooperation and assistance in relation to such breach;

(vii)              at your written request, delete or return personal data (and any copies of the same) to you on termination of these Terms unless required by the Data Protection Legislation to store the personal data; and

(viii)             maintain complete and accurate records and information to demonstrate compliance with this clause 14.2 and, upon reasonable written notice (and no more than once per year unless required by a supervisory authority or in response to a suspected breach), allow for audits and inspections by you or your designated auditor, provided that: (i) such audits shall be conducted during normal business hours and in a manner that does not unreasonably disrupt the Company’s operations; (ii) the auditor shall be bound by appropriate confidentiality obligations; and (iii) you shall bear the costs of such audits unless they reveal material non-compliance by the Company.

(h)               The Company maintains appropriate technical and organisational security measures for processing personal data and Product Data in connection with the Services and Subscription Services, including:

(i)                 enterprise-grade encryption for data in transit and at rest;

(ii)                role-based access controls with multi-factor authentication;

(iii)               regular security audits and penetration testing;

(iv)               dedicated data protection personnel;

(v)                documented incident response procedures; and

(vi)               specific measures for protecting owner and finder contact information, account credentials, subscription and payment records (including initial setup/activation fees and recurring subscription charges), and any other personal data processed through the Platform.

(i)                 These measures are regularly reviewed and updated to ensure compliance with applicable data protection requirements, including but not limited to UK GDPR, EU GDPR (where applicable), and industry best practices for handling personal data in connection with subscription-based and lost and found services. The Company shall conduct periodic reviews of these security measures at least annually, or more frequently if required by changes in risk profile or applicable law. Such measures include, where appropriate:

(i)                 pseudonymising and encrypting personal data;

(ii)                ensuring confidentiality, integrity, availability and resilience of its systems and services;

(iii)               ensuring that availability of and access to personal data can be restored in a timely manner after an incident; and

(iv)               regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it.

15                DATA BACKUP

(a)               Upon cancellation of your Account, expiry or cancellation of your Subscription, or service discontinuation: 

(i)                 your Subscription will remain active until the end of your current billing period if cancelled before expiry; 

(ii)                after expiry or cancellation, your QR code will be deactivated and will redirect visitors to the Company homepage rather than your personal recovery page; 

(iii)               no refunds will be provided for the unused portion of your subscription period or any initial setup/activation fees paid, except where required by applicable consumer law; 

(iv)               the Company will retain data and material associated with the User, including User Content, Product Data and account information, for a period specified in the Company’s then-current data retention policy (the “Retention Period”), which will be no shorter than the minimum period required by applicable law; 

(v)                the Company will allow you, during the Retention Period, to export your account data and key records (including transaction history for both setup fees and subscription payments) in industry-standard formats, where technically feasible; 

(vi)               the Company will provide access to historical transaction records as required by applicable legal or regulatory obligations; and 

(vii)              the Company will provide reasonable notice before any service discontinuation that may materially affect your ability to access or export your data. 

After the Retention Period, the Company will permanently delete or irreversibly anonymise such data and materials in accordance with its data retention policies and applicable laws, unless a longer retention period is required by law.

(b)               The Company will not be able to recover any such data or content after the end of the applicable Retention Period, so it is recommended that you back up anything important to you on a regular basis.

(c)                The Company will not be responsible to the User, and the Company expressly disclaims any liability, for any cost, loss, damages or expenses arising out of the cancellation or expiry of your Account or Subscription (including any forfeiture of setup fees or unused subscription periods) and any loss of data, except to the extent such loss is caused by the Company’s breach of these terms, negligence or wilful misconduct, or cannot lawfully be excluded under applicable consumer protection laws.

16                LIABILITY

(a)               To the maximum extent permitted by applicable law, the Company’s total aggregate liability to any person or business entity for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Platform, these terms, any Products or any services provided by the Company in any 12‑month period, is limited as follows: (i) for business customers (B2B), to the greater of (A) the total Fees paid to the Company by you in the 6 months preceding the first event giving rise to the relevant liability; and (B) £1,000; and (ii) for consumers, to the extent permitted by law, to the amount you have paid for the relevant Product or Subscription during the 12 months preceding the first event giving rise to the relevant liability, provided that nothing in this clause limits any non-excludable statutory rights you may have.

(b)               All express or implied representations and warranties in relation to the Services, the Platform and the Products are, to the maximum extent permitted by applicable law, excluded. Without limiting the foregoing and subject always to your statutory rights as a consumer (where applicable), the Company specifically disclaims any liability for: 

(v)                User Content created or uploaded using the Platform; 

(vi)               the condition, loss, theft or recovery of any item to which a Product is attached; 

(vii)              any interaction, communication, meeting or arrangement between owners and finders (including any reward offered or paid), any misuse of contact details once shared between owners and finders, any scams, fraud, theft, disputes or harm arising from owner-finder interactions, and any failure of a finder to return an item or an owner to collect an item; 

(viii)             sticker adhesive residue, cosmetic damage, normal wear and tear, fading, scratching or water exposure affecting Products or tagged items;

(ix)               the availability, accuracy or policies of any third-party services that you choose to use in connection with the Services; and 

(x)                any losses or claims arising from unauthorised use of the Platform, Services or Products by you or any person using your account.

(c)                (Indemnity) You agree to defend, indemnify and hold harmless the Company and its directors, officers, employees, contractors, licensors, and agents, its affiliates, employees, agents, successors and assigns against any and all claims, demands, damages, losses, costs and expenses (including reasonable legal fees and costs) brought by any third party or which is or may be suffered by any such person arising from: (a) your or your representatives’ misuse of the Platform, Services or Products; (b) any User Content you upload or make available through the Platform; (c) any infringement or alleged infringement of third-party intellectual property rights arising from your branding, logos, QR codes or other materials used with the Services, including any breach of your warranty that you own or have rights to use any logos, trademarks, or branding materials you supply to the Company; (d) any unauthorised commercial exploitation of the Platform, Services or Products; (e) any violation by you of applicable law (including data protection and consumer protection laws); (f) any interactions, communications, meetings, arrangements or disputes between you and any finder or owner facilitated through the Services, including any misuse of contact information, scams, fraud, theft or harm arising from such interactions; or (g) your or your representatives’:

(i)                 breach of any of these terms;

(ii)                use of the Platform; 

(iii)               access of any Services provided by the Company or participation in any competition organised by the Company; or 

(iv)               any interactions, communications, meetings, arrangements or disputes between owners and finders facilitated through the Services, including but not limited to any misuse of contact information, scams, fraud, theft, personal injury or property damage arising from such interactions.

(d)               (Consequential loss) To the maximum extent permitted by law, under no circumstances will the Company be liable for any incidental, special or consequential loss or damages, or damages for: (a) loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue; (b) loss of or damage to any items to which Products are attached, including the failure of any item to be returned or recovered, or any loss arising from the actions or omissions of third-party finders;

(e)               Nothing in these terms or any Order will exclude or limit a party’s liability for: (a) fraud or intentional unlawful conduct by a party; (b) death or personal injury resulting from a party’s negligence; (c) breaches of data protection laws or mishandling of personal data that results in unauthorised disclosure or access to such information; (d) your statutory rights as a consumer that cannot be excluded or limited under applicable law (including rights relating to goods that are not of satisfactory quality, fit for purpose or as described); (e) liability under applicable product safety legislation; or (f) any other liability that cannot be excluded or limited under applicable consumer protection or other mandatory laws. For the avoidance of doubt, nothing in these terms excludes or limits the Company’s liability for manufacturing defects in physical Products (including defective breakaway clasps on lanyards) reported within a reasonable time of purchase (and in any event within the timeframes specified in clause 4), subject to the provisions of clause 4 regarding the distinction between defects and normal wear and tear. The Company’s disclaimers regarding parental and guardian responsibility for assessing suitability of lanyard Products and instructing children on safe use (as set out in clause 4(e)) remain valid and enforceable to the maximum extent permitted by law, provided that the Company has complied with its obligations to incorporate reasonable safety features and provide adequate warnings.

(f)                 To the extent that the provisions of any applicable law impose restrictions on the extent to which liability can be excluded under these terms or an Order, including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015 in the UK (and their equivalents in any other jurisdiction) relating to the requirement of reasonableness and fairness, the exclusions set out in this clause shall be limited in accordance with such restrictions. Any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.

17                DISPUTE RESOLUTION

(a)               A party claiming that a dispute has arisen under or in connection with these terms must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.

(b)               A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.

(c)                Once the dispute notice has been given, each party to the dispute must use its reasonable endeavours to resolve the dispute in good faith. If the dispute is not resolved within 14 business days (or such other period as agreed by the parties in writing) after the date of the notice, the parties agree to participate in mediation through a mutually agreed mediator before initiating legal proceedings. If the parties cannot agree on a mediator within 7 business days, either party may request the Centre for Effective Dispute Resolution (CEDR) or another recognised mediation body to nominate a mediator. If mediation is unsuccessful within 30 business days of the mediator’s appointment, any party to the dispute may commence legal proceedings to resolve the dispute.

18                THIRD PARTY RIGHTS

The parties intend that no term of this agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to this agreement.

19                FORCE MAJEURE

(a)               If a party (Affected Party) is prevented, hindered or delayed, wholly or in part, from performing an obligation under this agreement (other than an obligation to pay money) by reason of a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:

(i)                 reasonable details of the Force Majeure Event; and

(ii)                so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation.

(b)               Subject to compliance with clause 19(a), the relevant obligation shall be suspended for so long as and to the extent that performance is prevented, hindered or delayed by the Force Majeure Event.

(c)                The Affected Party must use all reasonable endeavours to mitigate the effects of the Force Majeure Event and to continue to perform its obligations under this agreement to the extent reasonably practicable.

(d)                       For the purposes of this agreement, a ‘Force Majeure Event’ means any event or circumstance beyond the reasonable control of the Affected Party, including:

(i)                 acts of God, lightning, storm, flood, fire, earthquake, or other natural disasters;

(ii)                strikes or other industrial action outside of the control of the Affected Party;

(iii)               war (whether declared or not), invasion, act of foreign enemy, hostilities, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic;

(iv)               any decision of a government authority, including in relation to public health emergencies (including but not limited to COVID-19), or any epidemic or pandemic beyond the reasonable control of the Affected Party, to the extent it affects the Affected Party’s ability to perform its obligations.

20                GENERAL

20.1            GOVERNING LAW AND JURISDICTION

This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that, subject to any mandatory rights under applicable consumer protection law, the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.

20.2            WAIVER

No failure or delay by a party in exercising any right or remedy under this agreement shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. No waiver of any right or remedy shall be effective unless it is in writing and signed by the party granting the waiver.

20.3            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.

20.4            JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

20.5            ASSIGNMENT

The User may not assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the Company, such consent not to be unreasonably withheld or delayed. Any permitted transfer of your rights to access and use the Platform or Products must be in accordance with these terms and any applicable subscription rules, and must ensure continued compliance with applicable data protection requirements. Subscriptions are personal to the User and may not be transferred to another person except with the Company’s express written consent. The Company may assign, novate or transfer its rights and obligations under these terms to: (i) any affiliate or subsidiary; (ii) any successor in interest pursuant to a merger, acquisition, or sale of all or substantially all of its assets; or (iii) any third party, in each case with prior notice to the User where required by applicable law.

20.6            COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

20.7            ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

20.8            INTERPRETATION

(a)               (singular and plural) words in the singular includes the plural (and vice versa);

(b)               (currency) unless otherwise stated in an Order or on the Platform at the time of purchase, all fees and payments shall be processed in pound sterling (GBP). Where the Company offers pricing or accepts payment in other currencies (such as euros (EUR)), any currency conversion costs or foreign transaction fees charged by your payment provider will be your responsibility. Any indicative currency conversions displayed on the Platform are for convenience only and are not binding exchange rates;

(c)                (gender) words indicating a gender includes the corresponding words of any other gender;

(d)               (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(e)               (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(f)                 (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(g)               (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;

(h)               (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;

(i)                 (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(j)                 (includes) the word “includes” and similar words in any form is not a word of limitation; and

(k)                (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

20.9            NOTICES

(a)                       A notice or other communication to a party under this agreement must be:

(i)                 in writing and in English; and

(ii)                delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

(b)               Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

(i)                 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in England and Wales, in which case the notice will be taken to be given on the next occurring business day in England and Wales; or

(ii)                when replied to by the other party,

(iii)               whichever is earlier.