Terms & Conditions

HEYDAY JOURNAL

TERMS & CONDITIONS

Effective Date: January 2026
Company Name: Heyday Journal Limited
Registered Office: New Zealand

 

1. ACCEPTANCE OF TERMS

By accessing our website, creating a Heyday Journal, uploading content, or completing a purchase, you agree to be bound by these Terms & Conditions (“Terms”). If you do not agree, you must not use our services. By checking the acceptance box at checkout, you confirm you have read, understood, and agree to these Terms.

 

2. ABOUT HEYDAY

Heyday Journal (“Heyday”, “we”, “our”, “us”) is a New Zealand-based company providing custom print-on-demand memory journals incorporating QR-linked digital media. We sell and distribute globally, including to customers in the United States.
 

3. ELIGIBILITY

You confirm that all information you provide is accurate and lawful. Heyday services are intended for individuals aged 18 and over. Individuals between 13 and 17 may use the platform only with the involvement and consent of a parent or legal guardian. We do not knowingly collect personal information from children under 13.

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If you believe a child has provided us information, contact us for removal.

 

4. USER-GENERATED CONTENT
 

4.1 Ownership

You retain ownership of all photos, videos, audio, and written content you upload.
 

4.2 License to Heyday

By uploading content, you grant Heyday a limited, non-exclusive, worldwide license to:

• Store

• Process

• Transmit

• Reproduce your content solely for the purpose of:

• Creating your journal

• Hosting QR-linked media

• Delivering subscription services

• We do not claim ownership of your content.
   

4.3 Responsibility for Content

You are solely responsible for all content you upload.

You agree not to upload content that:

• Infringes copyright or intellectual property rights

• Is unlawful, defamatory, obscene, or harmful

• Violates privacy rights of others
   

Heyday does not curate, edit, monitor, or review customer content prior to printing or hosting. We are not responsible for the substance, accuracy, or legality of your uploaded materials.

 

5. PRIVATE QR DIGITAL HOSTING

QR codes embedded in Heyday Journals link to privately hosted digital content.

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Digital media is:

• Not publicly searchable

• Not indexed by search engines

• Accessible only via the QR code
   

Heyday does not access or view your media unless required for:

• Technical support

• Legal compliance

• Security investigation

 

6. CLOUD STORAGE & CYBERSECURITY

All digital content and subscription-related data are hosted using secure third-party cloud infrastructure. We implement commercially reasonable technical and organisational security measures.

 

However:

• No online platform is 100% secure

• We cannot guarantee absolute protection against cyber threats
   

By using Heyday, you acknowledge and accept inherent internet security risks.

 

7. PRINT-ON-DEMAND & FULFILMENT

Heyday uses third-party print and fulfilment providers.

 

By placing an order, you acknowledge:

• Printing is fulfilled by independent third parties

• Minor variations in colour, paper stock, trimming, or alignment may occur

• Delivery times are estimates, not guarantees
   

Heyday is not responsible for delays caused by:

• Shipping carriers

• Customs clearance

• Force majeure events

• Third-party fulfilment disruptions

 

8. ORDERS, PAYMENT & PRICING

All prices are listed in USD.

For US customers:

• Applicable sales tax may be added where required by law. Full payment is required before printing begins.

• Once a journal enters production, orders cannot be cancelled or modified.
   

9. SUBSCRIPTION SERVICES

If you purchase a subscription:

• Your subscription will automatically renew

• Your payment method will be charged at the beginning of each billing cycle

• Renewal continues until cancelled

You may cancel at any time via your account settings prior to renewal. Failure to cancel before renewal will result in the next billing charge. Subscription fees are non-refundable except where required by applicable law.

 

10. RETURNS & REFUNDS

Due to the custom nature of our products, we do not offer refunds for:

• Change of mind

• User-submitted errors

• Incorrect uploads
   

If your product is defective due to printing or manufacturing fault, contact us within 14 days of delivery.

We may offer:

• Replacement

• Reprint

• Refund (at our discretion)

 

11. INTELLECTUAL PROPERTY & TECHNOLOGY

All Heyday branding, website design, templates, layouts, and product concepts are owned by Heyday Journal Limited. Heyday provides access to proprietary online tools, editing software, layout templates, QR linking systems, and hosting infrastructure.

 

You agree not to:

• Reverse engineer

• Decompile

• Copy our design system

• Replicate

• Interfere with

• Attempt to access source code any part of Heyday’s platform or technology.

• Reproduce our templates for resale

• Use our branding without written permission

• Create derivative commercial works based on our platform
   

You retain ownership of the content you upload, but you do not acquire ownership rights in Heyday’s platform, tools, or product structure. We may update, modify, suspend, or discontinue parts of the service at any time without liability.

We are not responsible for service interruptions caused by:

• Internet outages

• Third-party hosting providers

• Print partners

• Cybersecurity incidents

• Force majeure events

 

12. LIMITATION OF LIABILITY

To the maximum extent permitted by law:

Heyday is not liable for:

• Loss of profits

• Loss of data

• Indirect or consequential damages

• Emotional distress arising from content loss

Our total liability shall not exceed the amount paid for the product or subscription in question. For US customers: Certain states do not allow limitations on implied warranties — your rights may vary.

 

13. DATA LOSS DISCLAIMER

While we maintain secure cloud storage through third parties, customers are responsible for maintaining backup copies of their original content.

Heyday is not liable for permanent loss of digital media due to:

• Technical failure

• Cyber attack

• Third-party service interruption

 

14. GOVERNING LAW

These Terms are governed by the laws of New Zealand. However, where required by applicable consumer protection laws (including US state laws), mandatory local protections may apply. Any disputes shall be resolved in the courts of New Zealand unless otherwise required by law.

 

15. CHANGES TO TERMS

We may update these Terms at any time. Continued use of our services after updates constitutes acceptance of the revised Terms.

 

16. DISPUTE RESOLUTION – BINDING ARBITRATION (FOR US CUSTOMERS)

If you are located in the United States, you agree that any dispute, claim, or controversy arising out of or relating to these Terms, your purchase, or use of Heyday services shall be resolved through binding arbitration rather than in court.

Arbitration will be conducted on an individual basis. You waive any right to:

• Participate in a class action

• Participate in a class-wide arbitration

• Act as a representative plaintiff

The arbitration shall be administered by a recognised arbitration provider and governed by applicable US federal arbitration law.

You may opt out of this arbitration agreement within 30 days of purchase by emailing us at hey@heyday-journal.com. If arbitration is found unenforceable, disputes shall be resolved exclusively in New Zealand courts.

 

17. YOUR ACCOUNT

To access certain features of Heyday Journal, you may be required to create an account.

You agree to:

• Provide accurate and complete information

• Maintain the confidentiality of your login credentials

• Be responsible for all activity that occurs under your account

You must notify us immediately of any unauthorised use of your account. Heyday is not liable for any loss or damage arising from your failure to safeguard account information. We reserve the right to suspend or refuse service if account information is inaccurate, misleading, or violates these Terms.

 

18. ENABLE VIEWING BY THIRD PARTIES

 

Heyday Journals may include QR codes that allow digital content to be viewed by individuals who have physical access to the printed journal.
 

By creating and distributing a Heyday Journal, you acknowledge and agree that:

• Anyone with access to the QR code may view the linked digital content

• Heyday does not control how recipients share or distribute access

• You are solely responsible for deciding who receives your printed journal

Heyday is not responsible for third-party sharing, redistribution, or misuse of QR-linked content once you provide physical access to the book. All QR-linked content remains privately hosted and is not publicly indexed or searchable.

 

19. ARCHIVING & DELETION OF UNPURCHASED PROJECTS

Heyday may store unfinished or unpurchased journal projects for a limited period.

If a project remains unpurchased for 90 days:

• It may be permanently deleted from your account

• Associated uploaded media linked only to that draft may also be deleted

We will send reminder email notifications prior to deletion, providing reasonable opportunity for you to:

• Purchase the book

• Continue editing

Heyday is not liable for loss of unpurchased projects after the 90-day period. Customers are responsible for maintaining backup copies of all original files.

 

20. TERMINATION OF ACCOUNT

We reserve the right to suspend or terminate your account at our discretion if:

• You violate these Terms

• You upload unlawful or infringing content

• You misuse the platform

• Required by law

 

Upon termination:

• Access to digital content may be revoked

• Subscription services may be cancelled

• Stored media may be deleted after a reasonable retention period

 

You may terminate your account at any time by contacting customer support

 

21. WAIVER & INDEMNITY

You agree to indemnify, defend, and hold harmless Heyday Journal Limited, its directors, employees, contractors, and partners from and against any claims, liabilities, damages, losses, or expenses (including legal fees) arising from:

• Your uploaded content

• Your breach of these Terms

• Your violation of intellectual property rights

• Your misuse of QR-linked content

• Your violation of any law

 

Failure by Heyday to enforce any provision of these Terms shall not constitute a waiver of our right to enforce it in the future.

To the fullest extent permitted by law:

Heyday shall not be liable for:

• Indirect, incidental, or consequential damages

• Loss of data or digital content

• Emotional distress arising from loss of media

• Printing colour variation or minor production inconsistencies

• Delays in shipping or delivery

 

Our total liability shall not exceed the total amount paid by you for the product or subscription giving rise to the claim.

Nothing in these Terms excludes rights that cannot be excluded under applicable consumer protection law.

 

22. DISCOUNT CODES & PROMOTIONS

Heyday may, from time to time, offer promotional codes, referral credits, influencer codes, or other discounts (“Promotions”).

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22.1 General Conditions

All Promotions:

• Are valid for a limited time only

• May be subject to additional terms disclosed at the time of offer

• Cannot be redeemed for cash

• Cannot be applied retroactively to completed purchases

• May not be combined with other offers unless expressly stated

 

Heyday reserves the right to modify or withdraw Promotions at any time without notice.

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22.2 One-Time Use & Non-Transferability

Unless otherwise stated:

• Discount codes are single-use

• Limited to one per customer

• Non-transferable

• May not be resold or distributed commercially

 

Heyday reserves the right to cancel orders if a code has been misused, shared beyond intended scope, or applied fraudulently.

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22.3 Influencer & Affiliate Codes

Promotional codes provided through ambassadors, influencers, or affiliates:

• Are subject to tracking and validation

• May have usage caps

• May be withdrawn if misuse or abnormal activity is detected

• Heyday is not responsible for expired, incorrect, or publicly shared affiliate codes.

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22.4 Subscription Promotions

If a Promotion applies to a subscription:

• The discount applies only to the initial billing period unless stated otherwise

• Subsequent renewals will be charged at the standard rate

• Promotional pricing does not alter the automatic renewal terms.

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22.5 Fraud & Abuse

Heyday reserves the right to:

• Refuse or cancel orders

• Suspend accounts

• Remove promotional benefits if we reasonably believe a Promotion has been exploited, manipulated, or used in bad faith.