Terms & Conditions
These terms and conditions regulate the relationship between you and
us. By using Our Web Site in any way, or by becoming a member of
katiescards.com, you agree to be bound by them.
We are: katiescards.com.
You are: a visitor to Our Web Site or A member 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 members on 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 member or prospective member 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 annual subscription and membership by e-mail
confirmation. Our message will also confirm details of your twelve
month membership. That is when our contract is made. It is possible
that the subscription price may increase in future years from that
posted on our web site.
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, members 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 the e-card 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 subscription has been credited
to our bank, to demand a full refund. 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 us the full subscription price, which must be cleared by our bank before your membership 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.
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 our reasonable endeavours to respond to any point of
dissatisfaction by you, provided you contact us within one month from
the date your subscription 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:
1. the adequacy or appropriateness of the Services for your purpose.
2. the truth of any information given on Our Web Site;
3. any implied warranty or condition as to merchantability or fitness of the Services for a particular purpose;
4. compatibility of Our Web Site with your equipment software or telecommunications connection.
5. compliance with any law.
6. 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 members 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:
1. accessing data unlawfully or without consent;
2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
3. attempting to interfere with service to any user, host or network,
including, without limitation, via means of overloading, "flooding",
"mail bombing" or "crashing";
4. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
5. 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:
1. any violation of system security as set out above;
2. your use of Our Web Site;
3. any other breach or violation of this agreement by you;
4. 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.