1 General
1.1 Any reference in the Terms to "we" or "us" or "our" is a reference to the Company and any reference to "you" or "your" is a reference to any user of the Website and, where relevant,the recipient of any Product or Service from the Website as defined hereunder.
1.2 The services ("Services") available via the Website shall include, without limit:
1.2.1 an online address book detailing names, addresses, date of birth etc. (compiled from information provided by you);
1.2.2 a free reminder service through the provision of personalised email at your request ("Reminder Service");
1.2.3 the online purchasing of certain Products
1.3 The products ("Products") available via the Website shall include, without limit:
1.3.1 personalised greeting cards;
1.3.2 personalised gifts (e.g. flowers, chocolates, champagne, jewellery etc);
1.4 You may access most areas of the Website without registering your details with us. Certain areas of the Website are only accessible if you register.
1.5 By accessing any part of the Website, you shall be deemed to have accepted these Terms in full. If you do not accept the Terms in full, you must leave the Website immediately.
1.6 We may alter all or any part of the Terms (including without limit the Products and Services which are available from the Website) at any time without notice to you. These Terms should be reviewed by you on a regular basis as your continued use of the Website after any alterations are made by us will mean that you are deemed to accept the Terms as modified by the relevant alterations made.
2 Website Privacy Policy
2.1 In order to provide the Services and Products available through the Website, we will hold certain personal information relating to you. We have obligations in relation to your personal information under the Data Protection Act 1998.
2.2 By providing personal information, you agree to us using this information for the operation of the Website and the provision of the Services and the Products to you.
2.3 Where you provide information about other people (for example their name, date of birth or address) you also confirm that you have the consent of these people to provide us with that information.
2.4 Any personal information that we collect from you will be used solely for the purposes of operating the Website and providing the Services and Products to you.
2.5 The personal information that you provide is securely stored within the Website and all personal information transmissions that provide payment or account details are encrypted.
2.6 We will not disclose your information to any outside organisation except as part of the operation of the Website and/or the provision of the Services and Products to you or where we are legally obliged to do so.
2.7 The accuracy of your personal information is dependant upon the accuracy of the information that you provide. We will not verify personal information other than that which is provided for payment or account purposes and we shall not be responsible for errors or
problems that arise as a result of inaccurate information submitted by you.
2.8 We reserve the right from time to time to notify you (via email and post) of other products and services or invite you to events that may be of interest to you. You will be given the opportunity to opt-out at the time of mailing if you do not wish to receive further
information notices.
3 Intellectual Property Rights
3.1 You are permitted to print and download extracts from the Website for your own personal use only and subject to the following conditions:
3.1.1 no document(s) or related graphic(s) on the Website are modified in any way;
3.1.2 no graphic(s) on the Website is used separately from the corresponding text; and
3.1.3 the Company's copyright and trade mark notices and this permission notice appear in all copies.
3.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors and any use of extracts from the Website other than in accordance with clause 3.1 for any purpose is prohibited. Where you breach any part of the Terms, your permission to use the Website shall automatically terminate and you must immediately destroy any extracts you have downloaded from the Website.
3.3 Subject to clause 3.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
3.4 Any rights not expressly granted in these Terms are reserved for the sole and exclusive benefit of the Company.
4 Website Access and Availability
4.1 Access to and use of the Website shall be provided by us in accordance with the Terms.
4.2 We shall endeavor to ensure that access to and use of the Website is available 24 hours a day however access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control and
we shall have no liability whatsoever if for any reason the Website is unavailable at any time or for any period.
5 Website Visitor Material and Conduct
5.1 Other than personally identifiable information which is covered under our Privacy Policy (section 2 of the Terms), any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We and our designees shall be free to copy, disclose, distribute,
incorporate and otherwise use such material and all data, images, sound, text and other things embodied therein for any and all commercial purposes.
5.2 You are prohibited from posting or transmitting to or from the Website any material:
5.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing,scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
5.2.2 for which you have not obtained all necessary licenses and/or approvals;
5.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
5.2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software of harmful data).
5.3 You may not misuse the Website in any way (including, without limitation, hacking into the Website) or interfere with any other person's use and enjoyment of the Website.
5.4 We shall have absolute discretion for making any determination in respect of visitor material and conduct and if we have any reason to believe that there is or is likely to be a breach of security or misuse of the Website by you, your use of the Website may be
suspended or terminated by us.
5.5 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 5.2 or clause 5.3.
6 Hyperlinks to Third Party Websites
6.1 The Website may include hyperlinks to third party websites which are provided solely for your convenience and which, if used by you shall result in you leaving the Website. If you decide to access any third party website(s) with hyperlinks on the Website, you do so entirely at your own risk.
6.2 We do not review any third party websites which are accessed from hyperlinks placed on the Website and we do not control and are not responsible for any third party websites including without limitation their content or availability. We therefore do not endorse or
make any representations about third party websites, any material found on them or any results that may be obtained from using them.
7 Website Registration
7.1 Certain areas of the Website will require you to register your personal details. In order to register with the Website, you must be over eighteen (18) years of age. It is illegal for anyone under the age of 18 years to purchase alcoholic beverages in the U.K. Client Connections requires that all customers agree to supply proof of age on request. Orders are not accepted from persons under the age of 18 years old. By placing an order you are making a representation that you are at least 18 years old.
7.2 After registering, you will be given immediate access to register your personal reminders which is provided as part of the Services. If you wish to return to your reminders at any time to make an alteration or to add more reminders, you will be asked to enter your email
address and password.
7.3 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on any network.
7.4 Responsibility for the security of any password(s) issued by us rests solely with you.
7.5 You must ensure that the details that you provide on registration or at any time are correct and complete and you must inform us immediately of any changes to the information that you provide when registering by updating your personal details as necessary.
8 Products
8.1 We shall endeavor to ensure that description(s) and picture(s) of the Products displayed on the Website are a true and accurate reflection. However, these descriptions and pictures may from time to time vary to the actual Product provided and, for the avoidance of doubt, shall not form part of any contract with us.
8.2 Unless otherwise stated on the Website, prices of Products displayed on the Website shall be inclusive of UK VAT but exclusive of all postage, handling and other delivery charges, which shall be shown separately when any Product(s) are being purchased from the
Website.
8.3 If price(s) of any Product displayed on the Website are incorrect, you will be contacted by us and given the option to either (a) cancel your order for the relevant Product only or (b)complete your order for the relevant Product at the correct price.
8.4 We will endeavor to deliver all orders for Products within the timescale selected at the time of purchase. However we cannot be held responsible for postal delays once the Product(s) have been dispatched by us for delivery.
8.5 Any Product(s) purchased from the Website which you consider defective must be returned to us at your own expense and within seven (7) days of receipt. In the event that the relevant defect is found to have been caused by us (as determined in our absolute discretion) we shall, in our sole discretion, either:
8.5.1 repair the Product(s) at our own expense;
8.5.2 supply replacement Product(s) free of charge; or
8.5.3 reimburse the price paid for the relevant Product(s) to the credit or debit card used to purchase the goods
For the avoidance of doubt, we cannot be held responsible for Products which are damaged in transit.
8.6 All complaints relating to any Products purchased from the Website should be made in writing within seven (7) days of receipt. We will endeavor to resolve any complaint within fourteen (14) days or receipt of a complaint letter but shall have no obligation to do so.
9 Limitation of liability
9.1 Subject always to clause 9.2, the Company, its officers, directors, employees, shareholders or agents and any other party involved in creating, producing, maintaining or delivering the Website hereby exclude all and any liability and responsibility for any amount or kind of loss or damage (including without limitation, any direct, indirect, punitive
or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or
otherwise) that may result to you or to any third party in connection with the Website (including without limit the Services and the Products) in any way or in connection with the use, inability to use or the results of the use of the Website, any websites linked to the
Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any
material from the Website or any websites linked to the Website.
9.2 Nothing in these Terms shall exclude or limit our liability for any liability which cannot be excluded or limited under applicable law (including death or personal injury resulting from our negligence or our liability for fraudulent misrepresentation).
9.3 In no event shall our total aggregate liability to you for all and any damages, losses, and causes of action (whether in contract, tort including, but not limited to negligence or otherwise) exceed the amount paid by you, if any, for accessing the Website, purchasing
and/or enjoying the Products or using the Services provided via the Website.
10 Disclaimer of warranties
10.1 Whilst we shall endeavor to ensure that the information on the Website is true and correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website, or to the Services, the Products and/or the prices described in Website, at any time and without notice. The material on the Website may be out of date, and we make no commitment to update such material.
10.2 Without prejudice to clause 10.1 and any other limitation on our liability which is contained in these Terms, whilst we take every reasonable precaution and care in relation to the provision of the Reminder Service, we make no any representation or warranty of any kind (express or implied) with respect to the contents or operation of the Reminder Service, and any such representations and warranties are excluded by this notice to the extent permitted by law. We do not warrant that use of the Reminder Service will be
uninterrupted or error free and whilst we will endeavor to ensure reminder emails set up on your account as part of the Reminder Service are processed and delivered as requested, we cannot be held responsible for non-delivery of these messages. Your use of the Reminder Service is done so entirely at your own risk and we do not accept any liability whatsoever for losses or damages that you may suffer as a result of your use of the Reminder Service.
11 Governing Law and Jurisdiction
11.1 The Terms shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
12 Severability
12.1 If any clause or sub-clause of these Terms is held by a competent authority to be invalid or unenforceable the validity of the other clauses and sub clauses of these Terms shall not be affected and they shall remain in full force and effect.
13 Miscellaneous
13.1 All notices and other communications should be provided to The Card and Gift Company Customer Services on:
Tel: 08456 448 449
Email: support@thecardandgiftcompany.co.uk
Post: Client Connections Limited, Unit 27, Enterprise City, Green Lane, Spennymoor, Co.Durham, DL16 6UX.
