Privacy Policy

In order to use this service, you will need to agree to these terms and conditions. You agree to our terms and conditions by checking the checkbox before logging into the Purple Post app for the first time. when you first download the app. By agreeing to the terms and conditions and sending post via this application you are entering into a contract with Made Purple Ltd based on the terms and conditions outlined below.

Key Points

It is important that you read the entirety of and understand this document. There are, however, a few key points that we need to emphasise:

COMPANY DETAILS: Purple Post is a trading name of Made Purple ltd of the keystone innovation centre, Croxton Road, Thetford, Norfolk, IP241JD. Company number: 11151840 registered in England and Wales.

CHECK RESTRICTIONS ON USE: In some countries there are restrictions on the use of the Software. It is your responsibility to ensure that you are legally allowed to use the Software where you are located.

YOUR AGREEMENT WITH PURPLE POST

1.1 Purple Post, and associated documentation (whether in printed or electronic form) including any improvements, modifications, enhancements, fixes, updates, upgrades and future versions thereto (“Updates”) and whether made available for free or for a fee, (collectively the “Software”) is licensed (not sold) to you by Made Purple Ltd T/as Purple Post.

1.2 “Purple Post” means Made Purple ltd T/A Purple Post of the keystone innovation centre, croxton road, Thetford, Norfolk, IP241JD United Kingdom.

“you” or “your” means you, the registered holder of the User Account.

1.3 Your contract with Purple Post is made up of the terms and conditions set out in this document, together with any fair usage policies described in this document to the extent of any inconsistency or any Additional Terms and this document, this document shall take precedence.

ACCEPTANCE OF THE TERMS

2.1 In order to download and/or use the Software, you must first accept these Terms. These Terms are accepted by you (a) when you click to accept or agree to the Terms; or (b) when you download and/or use the Software. We advise you to print a copy of these Terms for your records. These Terms remain effective from the date of acceptance until terminated by you or Made Purple Ltd in accordance with paragraph 8.

2.2 You cannot accept these Terms if: (a) you are not lawfully entitled to use the Software, in the country in which you are located or reside or (b) if you are not of legal age to form a binding agreement with Made Purple.

CHANGES TO THE TERMS

3.1 We may make changes to these Terms from time to time. We will make you aware that there has been a change through the app, via email, or via a notification placed on our website. You understand and agree that your express acceptance of the Terms or your use of the Software, after the date of publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate your relationship with Made Purple in accordance with paragraph 8 below.

USE OF THE SOFTWARE

4.1 Equipment: In order to use the Software and the Products you will need an Internet broadband connection. You are responsible for providing all equipment required to access the Internet or enable us such as Smartphones and Tablet devices

4.2 Use of Your Equipment: The Internet Communications Software may use the processing capabilities, memory and bandwidth of the computer (or other applicable device) you are using, for the limited purpose of facilitating the communication and establishing the connection between Internet Communications Software users. If your use of the Internet Communications Software is dependent upon the use of a processor and bandwidth owned or controlled by a third party, you acknowledge and agree that your license to use the Internet Communications Software is subject to you obtaining consent from the relevant third party for such use. You represent and warrant that by accepting these Terms, you have obtained such consent.

4.3 Updates to the Software: Made Purple may automatically check your version of the Purple Post Software. You may be required to enter into an updated version of these Terms to be able to download or otherwise take advantage of any Updates. Purple Post have no obligation to make available any Updates. However, Purple Post may require you to download and install Updates; These updates are required to maintain software compatibility, provide security updates or bug fixes, or offer new features, functionality or versions.

4.4 Suspension, technical improvement and maintenance: From time to time, we may need to perform maintenance on or upgrade the Software or the underlying infrastructure that enables you to use the Software. This may require Purple Post to temporarily suspend or limit your use of some or all of the Software, To the extent possible and unless an intervention is urgently required, we will publish the time and date of such suspension or limitation within the app in advance. You will not be entitled to claim damages for such suspension or limitation of the use of any Software.

4.5 Content of Communications: Purple Post is not the source of, does not verify or endorse and takes no responsibility for the content of communications made using the Software. By using the Software, you agree that any content that you submit is in line with the rules set out by the prison or hospital. In particular, you are responsible for ensuring that you do not submit material that is (i) a falsehood or misrepresentation (ii) offensive, unlawful, harmful to minors, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; (iii) an advertisement or solicitation of business; or (iv) impersonating another person. The prison may in its sole discretion block, prevent delivery of or otherwise remove the customer from the platform as part of its effort to protect the public.

Should removal of an account or a “BAN” be enforced, this would need to be taken up with the prison as they will at their sole discretion be the only body that can reinstate your account. 

4.6 Quality: Purple Post cannot guarantee that the Software will always function without disruptions, delay or errors. A number of factors may impact the quality of the app and the use of the Software and may result in the failure or delay over which we have no control.

4.7 Changes to Products: Purple Post is constantly improving the Software and may also need to change technical features from time to time in order to comply with applicable regulations. Accordingly, you acknowledge and agree that the Products and functionality of the Software may vary from time to time. Technical requirements for use of Products and Software and feature descriptions are available on request. If you do not agree with any changes you may terminate your relationship with Purple Post in accordance with paragraph 8. You may need to upgrade to a new version in order to enjoy the benefit of certain Products. In addition, you acknowledge and agree that certain Products may be subject to usage limits or geographical restrictions, which may vary from time to time.

YOUR OBLIGATIONS

5.1 User Account. Prior to your first use of the Purple Post Software you will be asked to create an account using the Purple Post application and to choose a password. We recommend that you choose a password that is hard to guess and consists of letters, numbers and symbols. You may only use the Software through your User Account. You are solely responsible and liable for all activities conducted through your User Account. To prevent unauthorized use, you shall keep your password confidential and shall not share it with any third party. If you suspect that someone else knows your password, then you shall immediately change it in order to protect the security of your User Account. It is your responsibility to ensure that you do not respond to any unsolicited requests for credit card details, passwords or other data. Purple Post take no responsibility for your failure to comply with the obligations in this paragraph 5.1.

5.2 Lawful Use: You must use the Software in accordance with the laws of where you are located, and the rules set out by the prison or hospital in terms of incoming mail. In some countries there are restrictions on the download and use of the Software. It is your responsibility to ensure that you are legally allowed to use the Software where you are located.

5.3 Prohibited Use: You may not:

(a) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Software.

(b) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;

(c) use the Software, to cause or intend to cause embarrassment or distress to, or to threaten, harass the a resident;

(d) use the Software to show indecent images or anything that would be deemed as indecent

Taking any of the actions mentioned above may result in a lifetime ban from using the Purple Post service.

5.4 Your Information: From time to time, Purple Post or any prison / hospital that you have a contact registered in may request information from you for the purpose of supplying the Software. You shall ensure that any such information is complete, up-to-date and accurate.

Items of Purple Post sent to a recipient may be monitored and viewed by a member of staff, Items of Purple post that is sent via the Purple Post service will be available for approved staff on site to view upto 90 days after it has been delivered and, in some cases, may be kept for longer should this be deemed appropriate by the prison or hospital security department. Staff members that have access to your post will also have access to your user account details.

Staff that may see your information may also include:

-Prison Management Company (a private prison provider such as G4S Serco or Sodexo)
-MOJ (if they have jurisdiction over the establishment)
-Other law enforcement agencies following relevant legal request procedure

Staff members will have access to all post sent via the Purple Post app so we do not recommend sending anything considered protected / confidential, Purple Post is not designed for mail sent under Rule 39.
Please note any payment details are never available to member of staff or any member of the Purple post team.

CHARGES

6.1 Purple post charging

6.1 Charges: Purple Post credits are available within the Purple post app and the cost of which may vary from time to time. Any credits purchased will remain available throughout the lifetime of your active account.

6.2 Refunds: Purple Post credits are non-refundable, if an item of Purple post falls below the high quality expected then a replacement token may be issued at the sole discretion of the Purple Post management team, evidence of the item may be required of which a photo may be accepted.

6.3 Promotional Offers: From time to time, individual prisons’ or hospitals may offer funded tokens to enhance family contact. This will be at the prisons’ sole discretion and not always available. A Purple Post credit has a monetary value of ZERO and is unable to be transferred to any other Purple post account.

6.4 Tax: Purple Post may collect VAT or other indirect taxes at the appropriate rate (as per applicable tax rules) at the time of purchase of a purple post credit bundle. 20% UK VAT generally applies if you are in the EU and the Products are purchased and used in the EU. You explicitly waive any right to VAT reimbursement from Purple Post if the amount of VAT ultimately payable by the latter to the tax authorities would for any reason be lower than the amount of VAT collected from you at the time of purchase.

PAYMENT

7.1 Purple Post. When purchasing Purple Post credits please note that these credits are non-refundable, Purple Post have two options subject to your recipients site participation.

1. Physical postcard professionally printed on A5 card and shipped in an envelope 2 class via royal mail. This option is delivered to site 3 working days after you send via the app its checked and then delivered directly to your recipient, (the time it takes for this to be checked will vary from site to site) the cost of this option is 2 (two) Purple post credits.

2. Print on-site, if your recipients site allows, Purple Post can be digitally delivered to site to be printed on A4 paper in full colour. This option should reach site quicker and the cost of this would be 1 Purple Post credit.

7.2 payment methods. Purple Post do not guarantee that you will be able to use your credit or debit card. If this is the case Purple Post will make another payment method available to you. However, these other payment methods may cause an increase to the overall price you pay and the speed that your payment is accepted by the software.

7.3 Chargeback Policy

(i) When you purchase Purple Post credits, by using the service you agree to waive any rights to any type of cooling off period and credits become non-refundable.

(ii) If a payment is charged back using your card issuers chargeback system the following charges will be automatically applied. £25 administration fee to send the relevant documents to your card issuer in order to defend the chargeback claim.

(iii) Any card payments that are charged back will result in an instant ban from the platform.

7.4 This payment policy does not affect your statutory rights.

ENDING YOUR RELATIONSHIP WITH PURPLE POST

8.1 You may terminate your relationship with Purple Post at any time and without recourse to the courts by requesting closure of your User Account, ceasing to use the Software.

8.2 Purple Post may terminate its relationship with you, or may terminate or suspend your use of the Software, User Account at any time and without recourse to the courts:

(a) if you are in breach of these Terms;

(b) if Purple Post reasonably suspects that you are using the Software to break the law or prison rules.

(c) if Purple Post reasonably suspect that you are trying to unfairly exploit any of our policies.

(d) if Purple Post reasonably suspect that you are using our Software fraudulently or that your User Account is being used by a third party fraudulently;

(g) immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate, or by any prison / hospital

(h) on thirty (30) days’ notice if Purple Post decide to cease offering the Software to users in your jurisdiction generally.

8.3 Purple Post shall affect such termination by preventing your access to your User Account, within the Software. We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.

8.4 Consequences of Termination: Upon termination of your relationship with Purple Post: (a) all licenses and rights to use the Software, shall immediately terminate; (b) you will immediately cease any and all use of the Software. (c) you will immediately remove the Software from all devices, destroy all copies of the Software in your possession or under your control.

8.5 When cancelling the service prisons and secure hospitals will still have access to your data in line with the Purple Post privacy policy (where your account details are held)

EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

9.1 For the purposes of this paragraph 12, “Purple Post” includes its subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.

9.2 No Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SOFTWARE, IS PROVIDED “AS IS” AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; PURPLE POST DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. PURPLE POST FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES PURPLE POST WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE SOFTWARE.

9.3 Nothing in these Terms shall exclude or restrict Purple Post liability for (a) death or personal injury, (b) loss resulting from Purple Post wilful default or gross negligence, (c) fraud or deliberate misrepresentation, or (d) any liability which cannot be limited or excluded by applicable law.

9.4 No Liability: YOU ACKNOWLEDGE AND AGREE THAT MADE PURPLE LTD T/as PURPLE POST WILL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO PURPLE POST, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SOFTWARE THAT IS PROVIDED FREE OF CHARGE. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SUCH SOFTWARE IS TO IMMEDIATELY DEINSTALL SUCH SOFTWARE AND CEASE USE OF SUCH SOFTWARE.

9.5 Limitation of Liability: Subject to paragraphs 9.3 and 9.4 above, Purple Post shall not be liable to you, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to Purple Post, for:

(a) any indirect, special, incidental or consequential damages; or

(b) any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect); or

(c) any damage to or corruption of data (whether direct or indirect);

(d) any claim, damage or loss (whether direct or indirect) arising from or relating to:

(i) your inability to use the Software:

(ii)the service limitations set out in this document;

(e) any claim, damage or loss (whether direct or indirect) arising from or relating to:

(i) any Third-Party Technology;

(ii) any third-party website.

9.6 Subject to paragraphs 9.3 – 9.5 above, Purple Post total liability to you under or in connection with these Terms (whether in contract, tort (including negligence) or any other theory of liability)) SHALL NOT EXCEED IN AGGREGATE THE AMOUNT PAID BY YOU FOR THE PRODUCTS IN THE 12 MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM, SUBJECT TO A MAXIMUM OF ONE HUNDRED POUNDS IN ALL CASES.

9.7 If any third party brings a claim against Purple Post in connection with, or arising out of (i) your breach of these Terms; (ii) your breach of any applicable law of regulation; (iii) your infringement or violation of the rights of any third parties (including intellectual property rights); (iv) your User Submissions or (v) your complaint in relation to any User Submission, you will indemnify and hold Made Purple Ltd harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.