Conditions of Use and Additional Terms for Members and Purchasers of Digital Products

This is a legal agreement between You and the Company. By browsing or using the Site or using any of the Company's Apps, You confirm that You accept these terms and agree to be bound by them (the Agreement). If You do not agree to the terms and conditions of this Agreement, You should not use the Site. The Company recommends You print a copy of this Agreement for future reference.

Definitions

In this Agreement the terms below have the meanings assigned to them:

Introduction

This Agreement is in two parts. The first part contains the conditions of use of the Site and the Apps, and applies to all persons visiting, browsing or otherwise using the Site, the Apps or Materials, including but not limited to Members. The second part (Additional Terms for Members and Purchasers of Digital Products) contains the terms that apply only to those who choose to become Members or purchase Digital Products, whether through the Site or the Apps.

This Agreement includes the Company's Privacy Policy and Cookies Policy.

You should additionally note that if You download any App, You may be asked by the app store provider to agree to specific terms and conditions for that App. You should read those terms and conditions carefully before agreeing to them as terms and conditions that are additional to or different from these terms may apply.

The Site and the Apps are operated by the Company. The Company is a limited company registered in England and Wales under company number 04309397 and has its registered office and main trading address at UK Greetings, Mill Street East, Dewsbury, WF12 9AW, United Kingdom. The Company's VAT numbers are GB 794 1038 21 and EU 372018160. To contact the Company, please email help@jacquielawson.com. Further contact details are provided below.

You must be 18 or over to accept these terms.

Intellectual Property

All Materials are protected by copyright and other forms of intellectual property, and are owned or licensed by the Company or its affiliates. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Materials in whole or in part. You agree that any copy of the Materials that You make or have in Your possession shall be unaltered and shall retain all copyright and other proprietary notices. As between You and the Company, all information and software provided on or through the Site and Apps is and shall remain the exclusive property of the Company or its affiliates.

Licence Grant

The Company hereby grants You a limited licence to use, in accordance with this Agreement, such Ecards or other Digital Products and other features of the Site and the Apps as are from time to time available. No use of the Site, Apps, or Materials is allowed except as permitted by this Agreement.

Use of the Site and the Apps

The Site and the Apps are only for domestic and private, non-commercial, use. You agree not to use this Site or the Apps for any commercial or business purposes. You further agree not to use the Site or the Apps for any unlawful purposes.

Causing the Site to be displayed in a frame of another website is forbidden. Posting of any Materials from this Site or the Apps on any other website, or otherwise distributing any of the Materials from this Site or the Apps is forbidden.

You agree not to use the Site or the Apps to violate, plagiarise, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights, or submit or publish libelous or otherwise unlawful material. You further agree that You will not send Ecards or other Digital Products to anyone with the intent of harassing such person.

You must not use this Site to send Ecards or other Digital Products to mailing lists or to send unsolicited bulk or commercial messages. The use of computer programs which automate the process of sending or viewing any of the Materials is strictly prohibited. The Company reserves the right to limit, in its sole discretion and without prior notice to You, the number of Ecards or other Digital Products that You may send using the Site and Apps and/or the number of recipients to whom You send such Digital Products.

The Company does not guarantee that the Site or the Apps will be secure or free from bugs or viruses. You are responsible for configuring Your information technology, computer programmes and platform to access the Site and the Apps. You should use Your own virus protection software. You must not misuse the Site or the Apps by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site or the Apps, the server on which the Site or the Apps are stored or any server, computer or database connected to the Site or the Apps. You must not attack the Site or the Apps via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. The Company will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use the Site and/or the Apps will cease immediately.

When You download any Apps, the Company grants to You the right to download such Apps onto Your mobile telephone or other device on to which the Apps can be downloaded and to view, use and display the Apps on such devices for Your personal purposes only and to receive and use any free supplementary software code or update of the Apps incorporating "patches" and corrections of errors as the Company may provide to You.

In respect of any Apps You download You agree that You will: (i) not rent, lease, sub-license, loan, provide, or otherwise make available, the Apps in any form, in whole or in part to any person without prior written consent from the Company; (ii) not copy the Apps except as part of the normal use of the Apps or where it is necessary for the purpose of back-up or operational security; (iii) not translate, merge, adapt, vary, alter or modify, the whole or any part of the Apps nor permit the Apps or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Apps on devices as permitted in these terms; (iv) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Apps nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Apps to obtain the information necessary to create an independent program that can be operated with the Apps or with another program (Permitted Objective), and provided that the information obtained by You during such activities: (a) is not disclosed or communicated without the Company's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and (b) is not used to create any software that is substantially similar in its expression to the Apps; (c) is kept secure; and (d) is used only for the Permitted Objective.

Changes to Our Site and the Apps

All Materials are subject to change without notice. The Company may from time to time in its sole discretion publish or vary the Ecards or other Digital Products. The Company may further determine that certain Digital Products are exclusively for the use of and purchase by Members. The Company may also, to reflect changes to its products, its users' needs or its business priorities, change, suspend or close the Site or any Apps, or any part or feature of the Site or the Apps, or restrict access to parts or the whole of the Site or the Apps to Members, without notice or liability (other than rights to pro rata refunds to Members where the Site is closed). The Company will use reasonable endeavours to give Members reasonable notice of any significant changes, or suspension or closure of the Site or any Apps. The Company does not guarantee that the Site or the Apps, or any Materials, will always be available or be uninterrupted.

From time to time the Company may automatically update the Apps to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively the Company may ask You to update the Apps for these reasons. If You choose not to install such updates or if You opt out of automatic updates You may not be able to continue using the Apps.

No Reliance

The Company does not represent or endorse the accuracy or reliability of any opinion, statement, or other information displayed or distributed through the Site or the Apps by any person or entity. You acknowledge that any reliance upon any such opinion, statement or other information shall be at Your sole risk. The Materials are provided for general information only. The Materials are not intended to amount to advice on which You should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Materials. Although the Company makes reasonable efforts to update the Materials available on or through the Site or the Apps, it makes no representations, warranties or guarantees, whether express or implied, that the Materials are accurate, complete or up to date.

Limitation of Liability

The Company is not responsible for any failure of Ecards sent through the Site to reach their intended recipients or to reach such recipients on the date specified by the sender.

If the Company fails to comply with this Agreement, it is responsible for loss or damage You suffer that is a foreseeable result of the Company's breach or its negligence. Loss or damage is foreseeable if it is an obvious consequence of the Company's breach or if it was contemplated by You and the Company at the date of this Agreement. Such loss or damage will not exceed any sums paid to the Company by You.

The Company does not exclude or limit in any way its liability to You where it would be unlawful to do so under applicable law.

If defective digital content that the Company has supplied, damages a device or digital content belonging to You and this is caused by the Company's failure to use reasonable care and skill, the Company will either repair the damage or pay You compensation (which will not exceed the maximum replacement cost of the damaged device). However, the Company will not be liable for damage that You could have avoided by following the Company's advice to apply an update offered to You free of charge or for damage that was caused by You failing to correctly follow installation instructions or to have in place the minimum system requirements advised by the Company.

As the Company only provides this Site and the Apps for domestic and private use the Company has no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Changes to these Terms

The Company may modify these terms from time to time. Every time You use the Site and/or the Apps You should check these terms to ensure You understand the terms that apply at the time.

Transfer

The Company may transfer its rights and obligations under this Agreement to another organisation. Except when said transfer is to an affiliated company, the Company will tell Members in writing if this happens. In any event a transfer will not affect Your rights under this Agreement.

You need the Company's consent in writing to transfer Your rights to someone else.

No person other than the parties to this Agreement shall have any rights to enforce any of its terms.

Applicable Law

This Agreement, its subject matter and its formation, are governed by English law. You and the Company both agree that the courts of England and Wales will have exclusive jurisdiction. Nothing in this Agreement restricts any right You may have as a consumer under any law binding on the Company and incapable of exclusion to bring a claim in Your country of residence.

Additional Terms for Members and Purchasers of Digital Products

The following are additional terms that apply only to those who choose to become Members or who purchase a Digital Product.

Your Obligation to Pay

In order to become a Member or purchase a Digital Product, You must pay a fee and taxes where applicable. For more information visit, prices and membership. The purchase prices for Digital Products will be clearly stated at the time of purchase. You may pay for Your purchases by credit card or PayPal. The Company does not accept cheques or money orders.

If You choose to pay for membership by PayPal, Your membership will be activated after the Company receives payment from PayPal. The Company will not be liable for any additional fees resulting directly or indirectly from charges to Your PayPal account.

Automatic Renewal of Membership

If You choose to become a Member and to pay for membership by credit or debit card, the Company offers You the opportunity to auto-renew. If You choose to auto-renew, on the anniversary of You becoming a Member, the Company will charge Your card the then-current price for another period of membership. If You opted to have Your membership automatically renewed, You may cancel any renewal year by emailing the Company at help@jacquielawson.com or writing to the Company at the address below, no less than five days before the anniversary of Your membership date of Your desire to cancel. Prices for renewal are the same as the prices for new Members and can be found by visiting prices and membership.

Digital Products

Barring any technical changes to browsers or operating systems that are outside of the Company's control, the Company will seek, but does not guarantee, to maintain certain Digital Products, such as advent calendars, for Your use for one year after the date last offered for sale on the Site or the Apps.

The images of the Digital Products on the Site or the Apps are for illustrative purposes only. Although the Company makes every effort to display the colours accurately, it cannot guarantee that a device's display of the colours accurately reflects the colour of the Digital Products and the Digital Product may vary slightly from those images.

Activation Codes

When You purchase a Digital Product You will be given a unique activation code, which is required in order to use the Digital Product. This activation code may be used only by You or, if a gift, by one recipient. The Company may limit the number of times an activation code may be used, in order to prevent abuse.

Gift Cards

Gift Cards for use on the Site or through the Apps can be purchased for a number of online and physical outlets through one or more of Company's Gift Card partners. Gift Cards may be subject to the terms and conditions for the outlets or site from which they are purchased and You must additionally comply with such terms and conditions.

Gift Cards can be redeemed towards the purchase of eligible Digital Products. Purchases are deducted from the redeemer's Gift Card balance. Any unused Gift Card balance will be placed in the redeemer's account. If a purchase exceeds the redeemer's Gift Card balance, the remaining amount must be paid with another payment method. No fees apply to use of Gift Cards.

Gift Cards, including any unused Gift Card balances, expire on the date provided on the relevant Gift Card. Gift Cards cannot be used to purchase other gift cards, or as payment for membership. Gift Cards cannot be reloaded, resold, transferred for value, used for unauthorised commercial purposes, or redeemed for cash. Unused Gift Card balances in an account may not be transferred to another account.

The Company is not responsible if any Gift Card is used without Your permission.

The Company will have the right to close customer accounts and take payment from alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used to make purchases on the Site.

Your Password and Email Address

In order to have a membership to the Site or Apps or purchase a Digital Product, You will be required to select a password to be used in conjunction with Your email address. You must not disclose this password to others or permit others to use Your password so as to access the Site or any Apps. The Company has the right to disable any user identification code or password, whether chosen by You or allocated by the Company, at any time, if in its reasonable opinion You have failed to comply with any of the provisions of this Agreement.

You must ensure that the email address which You give as part of Your membership details is Your correct and valid email address.

If You change Your email address You must notify the Company by means of the facilities made available on the Site or the Apps (i.e. by logging on and clicking My Details).

Purchasing Digital Products

With regard to Your order for Digital Products, the following terms and conditions apply to each order:

The Company's acceptance of Your order will take place when the Company emails You to accept it, at which point a contract will come into existence between You and the Company in respect of the Digital Product that is the subject of the order. The Company will inform You in writing if it is unable to accept the order and where applicable will not charge You for the applicable Digital Product. You must provide such information as the Company may require when You submit an order.

During the order process the Company will let You know when it will provide the Digital Products. The Company will make the Digital Product available for download as soon as it receives payment where the Digital Product is a one-off purchase, or as soon as it accepts an order from the Member.

The Company is not responsible for delays outside its control. If the Company's performance of an order is delayed by an event outside its control then it will contact You as soon as possible to let You know and it will take steps to minimise the effect of the delay. Provided the Company does this, it will not be liable for delays caused by the event, but if there is a risk of substantial delay where You are a one-off purchaser You may contact the Company to end the contract and receive a refund for any Digital Products You have paid for but which the Company has not delivered.

Termination and Right to Cancel

You may cancel Your membership or Digital Product at any time by writing to the Company at the address below. Your money will be fully refunded if You are cancelling because You have a legal right to cancel Your membership or the one-off purchase of a Digital Product (for example because of the Company's fault) or the Company receives Your request within the time prescribed by law (this varies depending on where You live). You can cancel within 14 days after the day the Company emails You to confirm it accepts You as a Member or confirms acceptance of Your order for a one-off Digital Product, or if earlier, until the Company delivers the first order for a Digital Product where You are a Member or delivers the Digital Product that is the subject of a one-off order. If the Company delivered a Digital Product immediately, and You agreed to this when ordering, You will not have a right to change Your mind.

You can cancel as stated above by emailing the Company at help@jacquielawson.com including by completing the cancellation form on the Site.

The Company will make refunds by the method You used for payment within 14 days of its receipt of Your termination notice.

The Company may end the contract for a membership or a Digital Product at any time by writing to You if You do not make any payment to it when it is due or You do not, within a reasonable time of the Company asking for it, provide information that is necessary for the Company to set You up as a Member or to provide the Digital Products. The Company may also immediately terminate Your membership or a contract for the purchase of a one-off Digital Product upon a breach by You of this Agreement.

Otherwise, Your membership will end on a date determined by the Company according to the amount of the fee paid by You in accordance with the price list published on the Site.

Other Important Terms

The price of becoming a Member or a Digital Product (which includes VAT) will be the price indicated on the order pages when You placed Your order. The Company takes all reasonable care to ensure that the price of a Digital Product advised to You is correct but if the Company discovers an error in the price of the Digital Product You order, the Company will contact You for Your instructions before it accepts Your order. If the rate of VAT changes between the order date and the date the Company accepts the order, it will adjust the rate of VAT that You pay.

You must pay for one-off Digital Products before the Company delivers the Digital Products that are the subject of the order.

If a court finds part of this Agreement illegal, the rest will continue in force.

Even if the Company delays in enforcing this Agreement, it can still enforce it later.

Updates to the Site and Apps

The Company does not commit to the future maintenance or availability of the Site or Apps nor to the release of further Digital Products or Apps.