1. Introduction

The “HappyAR Application” is operated by HappyAR B.V. (“HappyAR”). By accessing or using the HappyAR Application, or any goods or services that are related or ancillary to HappyAR or the HappyAR Application, you agree to the terms of use as set out below (Terms of Use). If you do not agree to these Terms of Use, please do not use or access HappyAR or the HappyAR Application. These Terms of Use apply to all individuals and/or entities accessing or using HappyAR and/or the HappyAR Application, including without limitation customers, merchants, service providers, suppliers, contributors of any content including data, images and any other material accessed, downloaded, uploaded, modified or used via, from or in connection with HappyAR and/or the HappyAR Application (“referred to as “You”, “Your” and or “Users”).

The Terms of Use include these terms and conditions, HappyAR’s Privacy Policy (which can be found on its website at http://www.HappyAR.world) and any other terms and conditions that appear in or are linked to HappyAR and the HappyAR Application.

As use of HappyAR and the HappyAR Application is conditional upon Users acceptance and continued adherence to the Terms of Use you should review them periodically to ensure you can, and wish to, comply. HappyAR, the HappyAR Application and these Terms of Use are subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view them. Please refrain from using the HappyAR or the HappyAR Application if you do not wish to be bound by the Terms of Use.

2. HappyAR

HappyAR enables Users to upload a Video to be attached to a Gift and to be sent to a recipient. The Gift contains a unique QR Code and/or URL and/ or contains a unique scannable image. The User can upload a Video with the HappyAR Application. The Video should be recorded within 12 hours of posting the Gift to ensure that it is uploaded by the time the recipient receives the Gift. The recipient of the Video will then be able to view the Video on receipt of the Gift by following the instructions attached with the Gift. The Video can be viewed with the HappyAR Application (if the recipient downloads the HappyAR Application) or by typing the unique URL that is listed in the instructions attached with the Gift (if the recipient does not download the HappyAR Application). HappyAR is not responsible for the recipient’s ability to access the HappyAR Application or HappyAR.

The User acknowledges that any person with access to the QR Code or the unique URL or the unique scannable image for that Gift is able to view and share the Video. The User acknowledges that any Video sent by HappyAR is not private, confidential or protected from any other people that may view the Video by scanning the QR Code or typing in the URL or scanning the unique scannable image. The User and recipient also acknowledge that any Video that is uploaded onto the HappyAR Application may be shared on social media such as Facebook or otherwise by anyone who views the Video. HappyAR takes no responsibility for any information that is uploaded or shared on social media or any other website

HappyAR has no control over the information, data, Videos or image(s) provided by the User, including message content and any image(s) and/or Video(s) provided or modified by the User (User Content). HappyAR accepts no responsibility or risk for the content provided, printed, sent or received in relation to the HappyAR Application. The User by accessing or using the service accepts all responsibility, risk and liability for the content chosen, added, edited, provided, uploaded and modified.

3. Privacy Statement

By using the HappyAR Application, we will collect and use personal information (Personal Information) about you and any other person(s) that appear in the Video. We are unable to provide the HappyAR service to you if you do not provide us with your Personal Information.

In order to provide the HappyAR service, we may disclose your Information to third parties.

You must not use the HappyAR Application if you have not received permission from any other person(s) that appears in the Video for their Personal Information to be shared, or do not accept the risk of a third party viewing (and possibly sharing or downloading) the Video.

You can also access and correct information we hold about you as required by law. If you have any queries about how HappyAR handles your personal information, or would like to request access to or to correct that information, please contact the Privacy Contact Officer, info@HappyAR.world. For further information please view HappyAR’s Privacy Policy at http://www.HappyAR.world.

If you are the person responsible for the management of the HappyAR Application, you must ensure that any other person(s) are aware of and consent to how their Personal Information is handled by HappyAR. You or any other person(s) (if any) should not provide us with any Personal Information unless you and they consent to it being handled in accordance with our Privacy Policy.

HappyAR reserves the right to ask you to prove that permission has been obtained from individuals appearing in the Video. If you are unable to prove any of the above upon request, HappyAR may delete the Video immediately and take any other relevant steps it considers necessary.

By accepting these Terms of Use, you warrant that you and any other individual that appears in the Video have consented to HappyAR collecting, using and disclosing your and their personal information, however collected by us, in accordance with this clause and our Privacy Policy.

You will be required to accept the above Privacy Statement and these Terms of Use prior to recording your Video in order to be able to proceed and use the HappyAR Application.

4. Cookies

If your desktop, laptop, smartphone or tablet is set up to accept cookies, a cookie may be stored on your device when you use the HappyAR Application. Cookies allow HappyAR to collect information about your device. HappyAR uses cookies to track and collect information about the functions of HappyAR’s Application used by you. This information is also used to maintain the quality of our service and to provide tracking and statistics regarding the use of the HappyAR Application.

If you would rather not have this information stored on your device, you can configure your device so it does not accept cookies. However, if you disable cookies you may not be able to access or use all parts of the HappyAR Application.

5. Access and use

Any content, data, graphics, photographs, Videos, images, software, trademarks, trade names and other information contained or accessible in or via the HappyAR service (Content) is owned or licensed by or to HappyAR and is protected by Dutch and international intellectual property laws.

You must only use HappyAR and the HappyAR Application to send material to persons that are known to you personally. You are solely responsible for ensuring that you comply with all applicable laws and regulations in accessing or using HappyAR or the HappyAR Application including, but not limited to, privacy and intellectual property laws.

Except as expressly authorised within these Terms of Use you may not use HappyAR or the HappyAR Application or modify, copy, reproduce, publish, disseminate, transmit, distribute, display, perform, create derivative works from, download, transfer, licence or sell any Content, without the express prior written consent of HappyAR.

HappyAR may, at its sole discretion change or cease, temporarily or permanently, any element or functionality of HappyAR or the HappyAR Application at any time, including but not limited to, introducing new Content, or supplementing, changing or discontinuing any part of the current Content including User Content. HappyAR reserves the right to refuse, terminate or suspend the service to anyone, for any reason, at any time.

While HappyAR endeavours to take reasonable care in preparing and maintaining the information and Content on HappyAR and the HappyAR Application, it does not warrant the accuracy, reliability, adequacy or completeness of any of the Content. You acknowledge and accept that the Content may include inaccuracies and typographical errors. The Content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.

6. Requirements and eligibility for HappyAR

HappyAR is available to, and may be used by, individuals of all ages. However, HappyAR recommends that the HappyAR Application is only used by individuals under the age of 18 where those individuals are under the supervision of a parent or guardian who is at least 18 years of age.

HappyAR may, in its sole discretion: restrict the use of HappyAR to certain services, change the price of the HappyAR, refuse to offer access to, or prevent use or future use of, HappyAR to any person or entity, and change its eligibility criteria at any time.

Use of HappyAR Application is intended for use on modern devices. However, HappyAR provides no warranty that the HappyAR Application will function on your device. The quality of the Video may differ between phones and HappyAR does not provide any warranty concerning the quality of any image used. In particular, we note that some cameras may result in poor image quality and slower scan times.

You will require an Internet connection in order to use HappyAR and the HappyAR Application, including to record and upload the Video on the HappyAR Application and view the Video on the HappyAR Application or the website.

To the extent permitted by law HappyAR disclaims all liability for loss directly or indirectly arising from your use of or reliance on HappyAR or the HappyAR Application.

Content uploaded on HappyAR Application will be stored by HappyAR or service providers for 90 days post the receipt of that Content or longer as required by law or regulation. You consent to HappyAR storing Content and User Content as required. HappyAR will delete the Video at the end of the 90 day period.

7. HappyAR content

You are responsible for the quality and approval of the Video provided for use on the HappyAR Application. Each Video that is recorded can be previewed before it is made available to be viewed by the recipient.

You acknowledge that any Video sent by HappyAR is not private, confidential or protected and that any other people that may view the Video by scanning the QR Code or typing in the URL or scanning the scannable image. HappyAR takes no responsibility for any Content that is uploaded onto the HappyAR Application.

You are responsible for ensuring that the Content and its use, meaning, effect and placement is not:

1. unlawful, obscene, harmful, of bad taste or otherwise inappropriate;
2. false, misleading or inaccurate;
3. fraudulent or involve the sale of illegal, counterfeit or stolen goods;
4. confidential or infringes upon any third-party’s intellectual property rights;
5. defamatory or offensive;
6. modifies, adapts or hacks the HappyAR Application or any associated website or application store.

In addition, all Videos submitted to the HappyAR Application must:

1. not discriminate against a person on the basis of disability, race or colour;
2. not contain celebrities, actors, musicians, sports people, cartoons or other famous  

people whereby the customer may not own the copyright;

1. not contain provocative, sexual, violent or otherwise offensive content;
2. not contain nudity or semi nudity;
3. not contain profanity or obscenities;
4. not contain firearms or weaponry;
5. not contain libellous, defamatory or other content deemed offensive;
6. not contain material that could infringe copyright;
7. not contain racial, prejudicial or discriminatory subject matter;
8. not contain nationalistic, political statements or politically motivated messages or 

symbols including flags;

1. not contain images that show illegal or anti-social behaviour.

You acknowledge and agree not too:

1. Attempt to access another user’s Content or Video other than that recorded by you or 

intentionally sent to you;

1. Attempt to upload Content or a Video to another user’s HappyAR Gift;or
2. Download or modify any data, information or material provided.

You are solely responsible and liable for all Content that you send or request to be sent. You indemnify HappyAR for any claims, loss, liability or damage arising or connection with your access or use of HappyAR or the HappyAR Application. Without limiting any other remedies available, HappyAR has the unfettered right to remove, delete or modify any Content that it considers to be inappropriate, at its absolute discretion, without consultation with you.

The Video will be made available to the recipient once you upload the Video onto the HappyAR Application. Note that the QR Code, URL, Video, scannable image or any other Content are not checked or otherwise verified for accuracy or completeness by HappyAR. HappyAR must ensure that the Video and QR Code and/ or URL and/or scannable image is the correct one for the corresponding HappyAR Gift. HappyAR accepts no responsibility or liability for failure of a Video to reach the intended recipient whether due to an incorrect QR Code/ URL/ scannable image being scanned by the User, the User incorrectly using the HappyAR Application or the recipient not receiving the HappyAR Gift and QR Code/ URL/ scannable image attached to the Gift.

8. Payment

All Users must have the bill payer’s consent to use mobile internet to access and use the HappyAR Application. Accessing mobile content including web-based content may incur data charges. Any external links (such as links clicked through the Apple App Store or Google Play) that require Internet connection may also incur data charges. Users will need to refer to the terms of the contracts with their carrier or Internet Service Provider (as applicable) for costs, as costs vary from plan to plan. All general queries relating to carrier rates or mobile or Internet bills should be directed to the User’s mobile phone carrier or Internet Service Provider (as applicable).

9. Support

Customer support is available via info@HappyAR.world. For additional information including How it Works and FAQ’s, please visit the webpage at: (http://www.HappyAR.world).

10. Limitation of liability and indemnity

HappyAR does not make any representation or warranty (express or implied) in respect of HappyAR and the HappyAR Application. To the maximum extent permitted by law HappyAR excludes completely all liability whatsoever for any claims, liability, loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) however caused (including negligence) arising out of or in connection with HappyAR and/or the HappyAR Application and its access, use or performance.

HappyAR does not guarantee that access to the HappyAR Application or any associated website will be uninterrupted or that the HappyAR Application or any associated website or application store is free from viruses, Trojans, time bombs or any other malicious code, including anything which may damage any device when accessing a Video, the HappyAR Application or any data on such a device.

You agree to indemnify HappyAR and its related parties, officers, agents and employees (Indemnified Parties) in respect of any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment (including legal expenses (on a full indemnity basis) arising from or relating to:

1. your use of HappyAR, the HappyAR Application or any Content or Video you 

submit through HappyAR Application;

1. a breach of these Terms of Use by you;and
2. your breach of any applicable law.

11. Intellectual property

The HappyAR Application, all Content or Videos provided, available or accessible via HappyAR Application or associated website, including without limitation all editorial materials, information, photographs, illustrations, artwork, software, code, stock images, graphic materials, and names, logos and trademarks, are the property of, or licensed by or to, HappyAR and are protected by copyright, trade mark and other intellectual property laws and regulations. Any such Video or Content may be displayed and printed provided that any copyright notice on such a display or page is not removed.

You acknowledge and agree not to attempt to:

1. Reverse engineer, modify, copy, transfer, sell, disseminate, distribute, decompile, or 

disassemble any of the data, software, code, information or material made available or accessible;

1. Download or modify any data, information or material provided or accessible;
2. Modify any borders provided, and to use simply “as is”;

except to create, save, approve or view a Video for a recipient(s) via the HappyAR Application or associated website.

Save for the above, and unless expressly granted, HappyAR does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into HappyAR or the HappyAR Application.

You warrant that you have the rights to use and provide any content, information or materials you provide for use on the Video. You grant HappyAR and any of its service providers and suppliers a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, license to exercise the copyright, publicity, and database rights you have in the content, information or material provided by you (“Material”) for the purposes of providing the HappyAR and HappyAR Application service. You agree to allow HappyAR to store or re-format the Material and display the Material, the HappyAR website and other material in any way as HappyAR chooses. HappyAR will only use personal information in accordance with HappyAR’s Privacy Policy, available at http://www.HappyAR.world.

We will use reasonable endeavours to ensure that HappyAR and the HappyAR Application and your Materials are not compromised. However, we cannot guarantee that no interception, Harmful Code (any form of harmful surreptitious code or other contaminants, including viruses, bugs, Trojan horses, spyware or adware) will affect the site, service or connecting devices or software.

Some interactions may occur on systems under the control of third parties. We are responsible for the security of information while it is collected by, stored on or passing through our systems only. You acknowledge that, although the Internet is generally a secure environment, sometimes there are interruptions in service or events that are beyond the control of us, and we shall not be responsible for any data lost while transmitting information on the Internet.

12. Legal compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations applicable to your use of HappyAR and the HappyAR Application and any HappyAR service. In addition, you shall be responsible for paying any and all taxes applicable (if any) to any purchases you make in relation to HappyAR or the HappyAR Application.

13. Severance

Any part or provision of these Terms of Use that are deemed illegal or unenforceable by a Court of competent jurisdiction may be severed from these Terms of Use and the remaining provisions continue in full force.

14. Jurisdiction

These Terms of Use are governed and construed in accordance with The Hague, The Netherlands. In the event that a dispute arises from these Terms and Conditions, you agree to submit to the non-exclusive jurisdiction of the courts of The Hague, The Netherlands.