Terms and conditions

These terms and conditions regulate the relationship between you and us. By using Our Web Site in any way, or by setting up an account or sending Ecards from katiescards.com, you agree to be bound by them.

We are: Katie's Cards Limited (katiescards.com)

You are: a visitor to Our Web Site or a customer of Our Web Site

The terms and conditions 

1. Definitions

In this agreement:

"Our Web Site" means the entire computing hardware and software installation that is or supports Our Web Site.
"Services" means any of the content and services we offer to visitors and customers of our web site.
"Content" means information in any form published on Our Web Site by us or any third party with our consent.

2. Our contract with you

1. These terms and conditions apply:

a. so far as the context allows, to you as a visitor to Our Web Site; and
b. in any event to you as a customer or prospective customer and user of our services.

2. Services advertised may not be available or accessible due to circumstances within or beyond our control. The content may change or be modified without notice.

3. We shall accept your order and payment by e-mail confirmation. Our message will also confirm details of your order and payment. That is when our contract is made. It is possible that the fee prices posted on our web site may increase or vary from time to time.

4. We may change these terms from time to time. The terms that apply to you are those posted here on Our Web Site and are subject to change without notice, users and customers of katiescards.com should check regularily for updates and amendments.

5. We can not accept responsibility if, for reasons within or outside our control, the recipient of an ecard does not recieve the notification email, or is unable to view the card. We will endeavour to do all in our power to ensure the smooth running and availability of Our Web Site and the services it provides.

6. If you are unhappy with the service provided by Our Web Site, you have one month from the date when your fee payment has been credited to our bank, to demand a full refund. All claims for a refund must be submitted in writing, giving adequate reasons and details of any failure of our services. Any other claims for a refund that falls outside this period will be dealt with on a case by case basis and will be at our discretion.

7. All content is subject to change without notice.

3. Price and Payment

1. You must pay to us the full fee price including any VAT due, which must be cleared by our bank before your order will be activated.

2. Banking charges made by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.

3. Any details given by us in relation to exchange rates are approximate only and may vary from time to time.

4. You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.

5. Refunds will be subject to any deductions made by Paypal or Paypoint in respect of fees charged or currency conversions.
 
6. The order fee will be subject VAT at the prevailing rate for residents of the UK. Katie's Cards Ltd VAT registration number is 111 7452 48.

4. Information you give us

1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Services.

2. We will use all reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within one month from the date your fee has been credited to our bank to demand a full refund.

5. Taxes and duties


1. We have no knowledge of, and no responsibility for, the laws in your country of residence.

6. Disclaimers

1. We or our Content suppliers may make improvements or changes to Our Web Site, the Content, or to any of the Services, at any time and without advance notice.

2. You are advised that Content may include technical inaccuracies or typographical errors.

3. We give no warranty and make no representation, express or implied, as to the adequacy or appropriateness of the Services for your purpose.

a. the truth of any information given on Our Web Site;
b. any implied warranty or condition as to merchantability or fitness of the Services for a particular purpose;
c. compatibility of Our Web Site with your equipment software or telecommunications connection.
d. compliance with any law.
e. non-infringement of any right.

4. Our Web Site may contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site.

5. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Web Site or the purchase of services.

6. In any claim against us our liability is limited to the value of the services you have purchased in the contract which is the subject of the dispute.

7. We can not be held responsible if, for any reason Our Web Site is down, or unavailable to it's users and customers due to circumstances within or beyond our control.

8. We can not be held responsible if Our Web Site is down due to site maintenance or technical issues.

7. Content and Intellectual Property Rights

1. Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect its rights in all countries.

2. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.

3. You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.

8. System Security

1. You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation;

2. you agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Our Web Site, or any software used on Our Web Site, and that you will not permit any other person to do so.

3. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

4. Examples of violations are:

a. accessing data unlawfully or without consent;
b. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
c. attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
d. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
e. taking any action in order to obtain services to which you are not entitled.

5. You agree to indemnify us against any claim or demand, including reasonable lawyers fees, made by any third party due to or arising out of:

a. any violation of system security as set out above;
b. your use of Our Web Site;
c. any other breach or violation of this agreement by you;
d. the infringement by you, or by any other user of the services using your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any of your communications.

9. Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers fees, made by any third party due to or arising in any way out of your use of Our Web Site, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

10. Contractual Limitation

Where we provide services without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such goods or services.

11. Rights of third parties

Nothing in this agreement or on our web site shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.

12. Severability
 
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

13. No Waiver

No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

14. Dispute Resolution

In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

15. Governing Law

This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods and Services, the application of which is hereby expressly excluded.

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