Terms of Service

ACKNOWLEDGEMENT

These Terms of Service ("Terms"), together with our Privacy Policy, constitute the entire agreement between Chuphin ("we", "us", "our") and you ("you", "your", the "User") in relation to your use of the Chuphin platform and website (collectively, the "Service").

By accessing and using our Service, creating an account, purchasing Credits, or scanning a QR Code at an event, you are taken to have read, understood, and agreed to these Terms in full. If you do not agree to these Terms, you must not use the Service.

You may also be taken to have accepted these Terms where you click or tap "I Agree", "Accept", "Continue", "Buy", or any similarly worded option that is made available to you on the Service. Where you take any such action using an electronic device, that action constitutes a legally binding agreement and carries the same legal weight as a handwritten signature.

These Terms apply to all Users of the Service. Sections 8 through 14 apply specifically to Hosts. Sections 15 and 16 apply specifically to Guests. All other sections apply to all Users.

1. DEFINITIONS

2. LEGAL CAPACITY

3. ABOUT THE SERVICE

Chuphin (chuphin.com) is a browser-based digital disposable camera platform for events. We allow Hosts to purchase scan Credits, generate a unique QR Code for their Event, and collect Photos from Guests who scan that QR Code using their phone camera, all without requiring Guests to download an application.

Guests access a browser-based camera, take up to 5 Photos per scan session, and those Photos are automatically uploaded to the Host's private Gallery in real time.

Our Privacy Policy explains how we collect, hold, use, and disclose personal information in connection with the Service and forms part of these Terms. Contact us at support@chuphin.com with any questions.

4. SERVICE PROVIDED "AS IS" - WARRANTIES DISCLAIMER

We do not warrant or guarantee the results that may be obtained from your use of the Service, including the quality or clarity of Photos taken using the Chuphin browser camera. Photo quality depends entirely on the Guest's device, lighting conditions, and other factors outside our control.

Nothing in this clause excludes any warranty or guarantee that cannot be excluded under the Australian Consumer Law or other applicable mandatory law.

5. PRICING ERRORS AND INACCURACIES

We take care to ensure that all pricing and product information displayed on chuphin.com is accurate at the time of publication. However, errors can occur. We reserve the right to correct any pricing error or inaccuracy at any time, including after an order has been placed.

If a pricing error affects your order and we are unable to honour the incorrect price, we will notify you as soon as practicable and offer you the option to proceed at the correct price or receive a full refund of any amount already paid. We will not be bound by an incorrectly displayed price where the error is obvious and could reasonably have been identified as a mistake.

We also reserve the right to modify or discontinue any product or service at any time without notice. We are not liable to you or any third party for any such modification, withdrawal, or discontinuation.

6. RIGHT TO REFUSE SERVICE

Where we refuse service or cancel an order for reasons other than breach of these Terms, we will refund any amount already paid for the refused or cancelled service.

7. INTELLECTUAL PROPERTY AND COPYRIGHT

7.1 Chuphin Intellectual Property

All content, design, software, code, branding, and materials on the Chuphin website and platform, excluding User-generated Content such as Photos, are owned by or licenced to Chuphin and are protected by applicable intellectual property laws including the Copyright Act 1968 (Cth) and equivalent laws in other jurisdictions.

You must not copy, reproduce, distribute, modify, reverse engineer, or create derivative works from any Chuphin content without our prior written permission. Unauthorised use of our intellectual property may give rise to a claim for damages.

The Chuphin name, logo, and brand are proprietary to us. You must not use our name or branding in any way that suggests an endorsement, partnership, or affiliation without our prior written consent.

7.2 User Content and Copyright Responsibility

You are solely responsible for ensuring that Photos taken using the Chuphin camera do not infringe the copyright or other rights of any third party, including photographing copyrighted artwork, performances, or other protected works without authorisation. We accept no liability for Content uploaded by Users that infringes the rights of third parties.

7.3 Copyright Infringement - Notice and Takedown

Upon receiving a valid notice, we will investigate promptly and, where appropriate, remove or restrict access to the Content in question. We reserve the right to terminate the accounts of Users who repeatedly infringe the rights of others.

8. HOST ACCOUNT REGISTRATION AND ELIGIBILITY

8.1 Age Requirement

You must be at least 18 years of age to create a Chuphin Host account and purchase Credits. By creating an account, you confirm that you are at least 18 years old and have the legal capacity to enter into a binding agreement. If we discover that an account has been created by a person under 18, we reserve the right to suspend or terminate that account immediately.

8.2 Account Creation

To access Host features, you must register an account using either a valid email address and password, or Google sign-in via your existing Google account. You are responsible for maintaining the security and confidentiality of your account credentials. Please notify us immediately at support@chuphin.com if you suspect any unauthorised access to your account. We are not liable for any loss arising from your failure to keep your credentials secure.

8.3 One Account Per Person

You may only create one Host account. Creating multiple accounts to circumvent any restriction, suspension, credit policy, or refund limit is not permitted and may result in all associated accounts being terminated without refund.

8.4 Accurate Information

You agree to provide accurate, current, and complete information when creating your account and using the Service. You are solely responsible for keeping your account information up to date. Providing false or misleading information is a breach of these Terms and may result in immediate account termination.

8.5 Display Name Restrictions

You must not use a Host Name or event name that infringes any third party's intellectual property rights, impersonates another person or entity, or is otherwise offensive or in violation of these Terms.

9. CREDITS, EVENTS, AND QR CODES

9.1 How Credits Work

Chuphin operates on a credit-based system. Hosts purchase a block of scan Credits before or during an Event. Each Credit represents one Guest scan session of up to 5 Photos. A Credit is used when a Guest takes their first Photo in a scan session. A Guest who enters a name but leaves before taking any Photos is not charged a Credit. Credits are tied to a single Event and remain valid for the duration of that Event. Once the Event ends (when the QR code closes), any unused Credits expire and do not carry over to new Events.

9.2 Event Creation

When creating an Event, the Host sets the event name and event date. The QR Code opening and closing dates and times are set when the Event is created and can be adjusted by the Host at any time from the Manage Event section of the Host dashboard. The number of Credits available for the Event is determined by the credit package the Host purchases. A unique QR Code is generated automatically for each Event, emailed to the Host as part of an event confirmation email, and made available in the Host dashboard.

9.3 QR Code Expiry and Closure

The QR Code remains active until the closing date and time set by the Host. The Host can end the Event early by bringing this closing time forward, as described in Section 9.5. Once the closing time has passed, Guests who scan the QR Code will see a message that the Event has ended and no further scan sessions can be initiated.

If Credits are exhausted before the QR Code expiry time, the QR Code remains active. Guests who scan will see a message that the Event has run out of photo credits, that the Host has been notified, and inviting them to check back later in case more Credits are added. The Host receives credit notification emails (including alerts when credits are low or reach zero) and may add more Credits at any time via a top-up.

9.4 Mid-Event Credit Top-Ups

Hosts may purchase additional Credits at any time during a live Event via the Host dashboard. Top-up Credits are priced separately from Event credit packages and are added to the active Event immediately upon successful payment.

9.5 Manual QR Code Deactivation

Hosts may end their Event early at any time by bringing the QR Code closing date and time forward to the current time from the Manage Event section of the Host dashboard. Once the QR Code closing time has passed, Guests who scan the QR Code will see a message that the Event has ended and no further scan sessions can be started. Contact support@chuphin.com if you require further assistance.

10. PAYMENTS, PRICING, AND REFUNDS

10.1 Pricing and Currency

All prices displayed on chuphin.com are in Australian Dollars (AUD) unless otherwise stated. International Users will be charged in AUD and their bank or card provider will apply the applicable currency conversion rate. We are not responsible for any currency conversion fees charged by your bank or card provider.

10.2 Payment Processing

All payments are processed securely by Stripe. We do not store your credit card number or full payment credentials on our systems. Stripe will send payment receipt emails to you for successful transactions, and refund emails in the event of a refund. By making a purchase, you confirm that you have the legal right and authority to use the payment method provided, and that the information you supply is accurate and complete. You agree to Stripe's terms of service available at stripe.com/au/legal.

10.3 Failed Payments

If a payment fails or is declined for any reason, no Credits will be added and no Event will be created or modified. We will notify you by email if a payment fails. We may suspend or restrict your access to the Service if payment cannot be successfully processed.

10.4 GST

Where required by Australian law, Goods and Services Tax (GST) will be applied to purchases made by Australian customers. The applicable GST amount will be displayed at checkout.

10.5 Refund Policy

Credits are non-refundable once they have been used in connection with a Guest scan session.

If you have purchased a Credit package, have not used any Credits, and your Event has not commenced, you may request a full refund within 30 days of purchase by contacting support@chuphin.com. We will process eligible refunds within 10 business days.

Partial refunds for partially used Credit packages are not available, except where required by applicable law. Top-up Credits carry the same refund conditions as original Credit packages.

10.6 Australian Consumer Law

Our Service comes with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any right or remedy you have under the Australian Consumer Law or any other applicable mandatory consumer protection law. Please contact support@chuphin.com to discuss any such issue.

11. PHOTO STORAGE, GALLERY, AND DELETION

11.1 Storage Window

All Photos taken during an Event are stored for 90 days from the date the Event ends (when the QR code closes) and are then automatically and permanently deleted. Photos are accessible to the Host via the Recent Events section of their dashboard during this period. This deletion is irreversible. We will send automated reminder emails to Hosts before their Photos are deleted. The only exception is where a Host places a printed photo album order, in which case all Photos from that Event are retained for 180 days in total from the date the Event ends, and are then permanently deleted.

11.2 No Guarantee of Backup Integrity

While we take reasonable steps to maintain the security and availability of Photos during the storage period, we do not guarantee that Photos will be free from loss or corruption under all circumstances. Data loss can occur as a result of technical failures, third-party service provider issues, or events outside our reasonable control. It is the Host's responsibility to download their Photos during the applicable storage period and to maintain their own copies of any Photos they wish to keep permanently. We are not liable for any loss of Photos regardless of cause.

11.3 Host Gallery Controls

12. HOST RESPONSIBILITIES AND ACCEPTABLE USE

12.1 Host Responsibility for Events and Guests

12.2 Prohibited Content and Prohibited Use

We reserve the right to remove any Content that violates these conditions and to immediately suspend or terminate any account associated with prohibited Content or prohibited use, without refund. We will cooperate fully with law enforcement where required by law.

13. PRINTED PHOTO ALBUMS AND LIVE SLIDESHOW

13.1 Printed Photo Albums - How It Works

Hosts may optionally order a printed photo album via our Prodigi integration. The Host selects their preferred album size and provides a delivery address. Payment is processed by Stripe. Upon a successful order, an album order confirmation email is sent to the Host. We transmit the selected Photos and order details to Prodigi, who prints, packs, and ships the album directly to the Host's nominated address. Tracking information is provided to the Host by email when available from Prodigi.

Important: Chuphin is a digital platform. We do not physically handle, pack, or ship any printed product at any point. All fulfilment is carried out entirely by Prodigi and their nominated courier partners. By placing an album order, you acknowledge and accept this.

13.2 Photo Retention for Album Orders

When a Host places an album order, all Photos from that Event are retained for an additional 90 days beyond the standard window, being 180 days in total from the date the Event ends, regardless of whether the standard 90-day Event storage window has already expired. Photos retained under this extended window are permanently deleted at the end of the 180-day period with no further exceptions.

We strongly recommend that all Hosts download a complete copy of their Photos before placing an album order. Chuphin accepts no liability for any loss of Photos that occurs after the extended retention period expires.

13.3 Delivery, Transit, and Non-Delivery Claims

Once an album order has been dispatched by Prodigi and their courier partner, Chuphin has no control over the delivery process. We are not responsible for delays, losses, or damage that occur during transit.

Proof of delivery as recorded by Prodigi's nominated courier, including any electronic delivery confirmation, tracking scan, or signature record, constitutes conclusive evidence that the album was delivered to the nominated address. If courier records indicate that an order has been delivered and you claim non-receipt, we will provide you with the tracking details and courier reference so you can raise a claim directly with the courier. We are not liable for non-delivery where courier records confirm delivery has taken place.

If your order is shown as lost in transit by Prodigi's tracking system before delivery is confirmed, please contact us at support@chuphin.com and we will liaise with Prodigi to investigate and arrange a replacement where possible, subject to the conditions in Section 13.4.

13.4 Faulty or Incorrect Albums - Claims Process

If your album arrives in a condition that is materially faulty or materially different from what you ordered, you must contact us at support@chuphin.com within 14 days of the date of confirmed delivery as shown in the courier tracking records. Claims made after this 14-day window will not be accepted under any circumstances.

Claims that do not include all of the above will not be assessed. We reserve the right to request additional evidence or information before making a determination on any claim.

We are the sole judges of whether a fault is material. Minor variations in colour, finish, or print tone that fall within normal production tolerances do not constitute a fault. Damage caused by the Host after delivery does not constitute a fault.

13.5 Remedies for Valid Claims

The remedies set out above are the only remedies available for album order issues. We are not liable for any indirect loss, consequential loss, loss of enjoyment, emotional distress, travel costs, or any other loss or expense arising from a faulty, delayed, or undelivered album order, beyond the reprint or refund described above.

Our maximum liability in connection with any album order is limited to the purchase price paid by the Host for that specific album order.

13.6 Fraud and Misrepresentation

Submitting a false, exaggerated, or fraudulent claim, including but not limited to falsely claiming non-delivery where courier records confirm delivery, fabricating or manipulating photographic evidence of damage, or misrepresenting the condition of a received album, is a serious breach of these Terms.

Where we reasonably suspect that a claim is fraudulent or made in bad faith, we reserve the right to: refuse the claim entirely; immediately suspend or permanently terminate the Host's account without refund of any Credits or payments; and report the matter to relevant authorities where the conduct may constitute fraud under applicable law.

We reserve the right to recover from the Host any costs, losses, or expenses incurred by us as a result of a fraudulent or bad faith claim, including reasonable legal costs.

13.7 Live Slideshow Feature

Hosts may use the Live Slideshow feature to display a rotating view of Event Photos on a venue screen. This feature is provided as-is. We do not guarantee compatibility with all display hardware or screen-casting technologies. The Host is responsible for any hardware, connection, or venue setup required to operate the Live Slideshow.

14. TESTIMONIALS, REVIEWS, AND FEEDBACK

We reserve the right to remove any review or comment that contains unlawful, defamatory, or abusive material; personal attacks on individuals; or content that is unrelated to the Service.

Any results or outcomes referenced in testimonials reflect individual experiences only and are not a guarantee that any other User will achieve the same or similar results.

15. GUEST ACKNOWLEDGEMENT AND CONSENT

15.1 How Guests Access the Service

Guests access the Service by scanning a Host's QR Code at an Event. No account creation, email address, or application download is required. Guests enter a first name only before the camera session begins.

15.2 What Guests Agree To

15.3 Guest Consent Notice

Before a Guest accesses the Chuphin browser camera, a notice is displayed stating that by continuing, the Guest agrees to Chuphin's Terms of Service and Privacy Policy. Links to both the Terms of Service and the Privacy Policy are provided at this point. This constitutes the Guest's moment of informed consent to these Terms and to the collection and use of their personal information and Photos as described in our Privacy Policy.

16. GUEST CONDUCT AND CONTENT

16.1 Responsibility for Photos

Guests are responsible for the Photos they take using the Chuphin browser camera. Guests must not use the Chuphin camera to take Photos that are illegal, sexually explicit, obscene, violent, or that would otherwise violate the prohibited content rules in Section 12.2 of these Terms.

16.2 Age

Guests under the age of 18 use the Service under the supervision and responsibility of the event Host. It is the Host's responsibility to ensure appropriate consent has been obtained for the participation of any minors at their Event.

16.3 Guest Photo Ownership

Guests retain ownership of the Photos they take using the Chuphin camera. By using the Service, a Guest grants Chuphin a limited, non-exclusive, royalty-free licence to store and display their Photos within the platform solely for the purpose of providing the Service to the Host. This licence expires when the Photos are permanently deleted, being the end of the 90-day storage window or, where the Host has placed a printed album order, the end of the extended 180-day retention period.

17. LIMITATION OF LIABILITY, DISCLAIMERS, AND PERSONAL INJURY

17.1 No Liability for Death or Personal Injury

To the maximum extent permitted by applicable law, Chuphin accepts no liability whatsoever for any death, personal injury, illness, or physical harm of any kind suffered by any person in connection with their use of the Service, their attendance at an Event where the Service is being used, or any activity undertaken while accessing the Service via a mobile device.

Chuphin is a digital photography platform accessed via a mobile browser. The Host is solely responsible for the safety, management, and conduct of their Event and their guests. We expressly disclaim all liability in connection with any physical harm, accident, or incident that occurs at or in connection with any Event where the Service is used.

Nothing in this clause excludes any liability that cannot be excluded under the Australian Consumer Law or other applicable mandatory law.

17.2 Service Availability

We aim to keep the Service available at all times but do not guarantee uninterrupted or error-free access. The Service may be temporarily unavailable due to scheduled maintenance, technical issues, or events outside our reasonable control including third-party service provider outages, natural disasters, or government action.

17.3 Events - No Guarantee of Service Performance

The Service relies on internet connectivity and compatible mobile browsers to function. We strongly recommend that Hosts test the Service before their Event. We are not responsible for the Service being unavailable or malfunctioning during an Event due to internet outages, device incompatibility, venue infrastructure limitations, browser restrictions, or any other factor outside our direct technical control.

17.4 General Limitation of Liability

To the maximum extent permitted by applicable law, we are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Service, including but not limited to loss of data, loss of Photos, loss of revenue, loss of business opportunity, or loss of enjoyment of an event.

Our total aggregate liability to you for any claim arising out of or in connection with these Terms or your use of the Service is limited to the total amount paid by you to Chuphin in the 12 months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes, restricts, or modifies any liability that cannot be excluded under the Australian Consumer Law or any other applicable mandatory consumer protection law.

18. YOUR OBLIGATION TO INDEMNIFY CHUPHIN

This indemnification obligation survives the termination or expiry of these Terms and the closure of your account.

19. DISPUTE RESOLUTION

19.1 Contact Us First

If a dispute arises in connection with these Terms or your use of the Service, we ask that you contact us first at support@chuphin.com so that both parties can attempt to resolve the matter directly, in good faith, and as quickly and cost-effectively as possible. We will respond to all formal dispute notices within 14 business days.

19.2 Mediation

If a dispute cannot be resolved through direct negotiation within 30 days of the initial contact, either party may request that the dispute be referred to mediation before a neutral and independent mediator agreed upon by both parties. The costs of mediation will be shared equally between the parties unless otherwise agreed. Each party will bear their own legal costs in connection with the mediation.

19.3 Legal Proceedings

If the dispute cannot be resolved through mediation, either party may pursue their legal rights through the courts. Nothing in this Section prevents either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction at any time, including in connection with any breach of intellectual property rights.

19.4 Governing Law and Jurisdiction

These Terms are governed by the laws of Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia in respect of any dispute arising under or in connection with these Terms or the Service. Your use of the Service may also be subject to other local, state, national, or international laws applicable in your jurisdiction.

20. ACCOUNT SUSPENSION AND TERMINATION

20.1 Termination by You

Hosts may delete their account at any time from the Account page in their dashboard, or by contacting support@chuphin.com. Upon deletion, your personal information, Photos, and Event data will be permanently removed, except for records we are required to keep for legal, tax, or accounting purposes, such as payment transaction records. Unused Credits are non-refundable upon voluntary deletion, except where required by applicable law.

20.2 Termination by Us

20.3 Discontinuation of the Service

We reserve the right to discontinue the Service or any part of it at any time. If we discontinue the Service entirely, we will provide reasonable advance notice to registered Hosts by email where practicable, and will refund any unused Credits at the time of discontinuation.

21. CHANGES TO THESE TERMS

We reserve the right to update or modify these Terms at any time, consistent with applicable laws and principles. The Last Updated date at the top of this document will always reflect when the current version was last updated. We will notify registered Hosts of significant changes by email using the address associated with their account where practicable.

It is your responsibility to review these Terms periodically and prior to each use of the Service. We will always display the current Last Updated date prominently at the top of this document so you can identify whether the Terms have been updated since you last reviewed them. If at any time you do not agree to these Terms, you must stop using the Service.

Continued use of the Service after updated Terms are posted constitutes your acceptance of those updated Terms. You may also be taken to have accepted updated Terms where you click or tap I Agree, Accept, Continue, Buy, or any similarly worded option on the Service after the updated Terms have been posted.

22. GENERAL PROVISIONS

22.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Chuphin in relation to your use of the Service and supersede all prior agreements, understandings, and representations between the parties.

22.2 Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision will be modified to the minimum extent necessary and the remaining provisions will continue in full force and effect.

22.3 No Waiver

Our failure to enforce any provision of these Terms at any time does not constitute a waiver of our right to enforce that provision or any other provision in the future.

22.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction, including in connection with a merger, acquisition, or sale of assets.

22.5 Survival

Any provision of these Terms that by its nature should survive termination, including but not limited to intellectual property rights, indemnification, limitation of liability, and governing law, will continue to apply after these Terms end or your account is closed.

23. CONTACT US

For any questions, concerns, or requests relating to these Terms of Service, please contact us at:

Chuphin
chuphin.com
support@chuphin.com
Brisbane, Queensland, Australia

We will respond to all enquiries within 30 days.

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