Terms of Web Site Use

Updated: 19 August 2008

ATTENTION:  PLEASE READ THESE TERMS OF WEB SITE USE ('TERMS') CAREFULLY BEFORE USING THIS WEBSITE (‘WEB SITE‘).  ACCESSING OR USING OUR WEB SITE INDICATES THAT YOU ACCEPT, AND AGREE TO ABIDE BY, THESE TERMS.  IF YOU DO NOT ACCEPT THESE TERMS, PLEASE REFRAIN FROM USING OUR WEB SITE.

WHO WE ARE

This Web Site is owned and operated by Triple Truth Limited. References in these Terms to ‘we’ and ‘us’ are to Triple Truth Limited.  We are registered in England and Wales under company number 06262457, and our registered office is at 145-157 St John Street, London, EC1V 4PY.  Our VAT number is 919931294.

These Terms set out the terms between you and us under which you may access and use our Web Site.  These Terms apply to all users of, and visitors to, our Web Site.

We retain the right, at our sole discretion, to change any of the Terms at any time. Your use of the Web Site on each occasion constitutes your agreement to all of these Terms as updated from time to time. You are expected to check these Terms from time to time to take notice of any changes made, as they are binding on you.  The date of last revision of these Terms will be shown.

Material on our Web Site may be out of date at any given time, and we are under no obligation to update such material.

These Terms (including any other terms or policies referred to herein) constitute the entire agreement between you and us in respect of your use of our service and Web Site. The Terms supersede any prior agreements between us, and you agree that you have not entered into this agreement on the basis of any representation that is not expressly incorporated into these Terms.

ACCESS TO OUR WEB SITE, AND TERMINATION

On registration you will provide only true, accurate, current and complete information, and you will notify us immediately of any changes to that information.  We have the right to terminate your registration if any information is untrue, inaccurate, out of date or incomplete, or for any other reason at our sole discretion.

These Terms, your account and password, and your authorisation to use our Web Site, may be terminated by us at our sole discretion at any time without notice, including, without limitation, if in our opinion (exercised at our sole discretion) you fail to comply with any of these Terms. Further, we reserve the right at any time without notice to withdraw or amend, temporarily or permanently, the services provided on our Web Site, or any part thereof, or suspend or close access to our Web Site.

We will not be liable to you or any third party for any such termination, withdrawal, amendment, suspension, or closure of access to our Web Site (whenever it occurs, or however long it lasts). However, in the event of any termination, withdrawal, amendment, suspension, or closure of access to our Web Site having been caused accidentally by us or our web host, preventing you (or any authorised third party) from accessing the e-card(s) (access to which you previously purchased from us), we will pay you a refund.

Access to e-cards expires six (6) weeks after access to such e-cards has been activated. Any e-card that has not been viewed within six (6) weeks of activation may be terminated and all contents therein permanently deleted.

On termination, you must cease all use of our Web Site and destroy all and any materials copied directly or indirectly from our Web Site. All limitations on our liability and your obligations in respect of your use of our material shall survive.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights, including, without limitation, trade marks, copyright, patents and database rights, and computer codes, in material contained in this Web Site, or in any necessary software used in connection with our service, belong either to us or our licensors.  You must not use any such material or software in any way other than is incidental to your using our Web Site in accordance with these Terms. You agree not to modify our software in any manner or form, or to use modified versions of it, including (without limitation) for the purpose of obtaining unauthorised access to our Web Site.

You may print off one copy, and may download extracts of, any page(s) from our Web Site for your own personal use only.

You must not copy, reproduce, download, republish, extract, broadcast, transmit, display, modify or re-use any materials or any part of the materials on our Web Site, or create derivative works based in whole or in part on our service or the software, for any purpose other than for your private and non-commercial use. You must not modify, vary, obscure or delete any copyright or other proprietary notice from any paper or digital copies of any materials you have printed off or downloaded in any way.  You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

The trade marks, logos, names and images displayed on our Web Site are the registered or unregistered trade marks of Triple Truth Limited or its licensors.  Nothing in our Web Site should be taken as conferring by implication, estoppel or otherwise any licence or right to use any such trade mark displayed on our site.

By inputting data or otherwise communicating with us through our Web Site, you are granting us a perpetual, non-exclusive, royalty-free, unrestricted, worldwide license to use such data or communication in any way.

YOUR MEMBER ACCOUNT

On registration, you will be allocated a user identification code, password or any other piece of information as part of our security procedures.  You must treat such information as confidential, and you must not disclose it to any third party.  You are fully responsible for all activities that occur under your password or account. In the event of an unauthorised use of your password or account or other security breach of which you become aware, you must notify us immediately. You must also ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with the obligations in this section and under these Terms. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms. Member accounts expire one (1) year after registration, subject to an option to renew.

PAYMENT

As a complimentary gesture, we will add an extra 10% of e-cards on all your orders

Payment for our e-cards shall be made using PayPal. If you would like to pay by cheque or electronic transfer, please contact us here. If you are a corporate client, additional payment methods may apply – please see ‘Payment – Corporate clients only’ below.

Payment using PayPal is made at the time that your order is placed and is collected through PayPal’s website to which you are automatically redirected when placing an order. PayPal allows you to pay using your debit or credit card, or your bank or PayPal account. Your financial information is not revealed to us. If you wish to pay by other means, please contact us here.

PayPal may require you to become a member. Registration is free and simple. PayPal accepts your payment on behalf of Triple Truth Limited, and it will forward your name and delivery address to us. PayPal’s terms and conditions apply. In particular, please read and familiarise yourself with PayPal’s Privacy Policy and User Agreement & Service Description, links to which you will find at the bottom of the PayPal webpage.

If you experience difficulty with paying via PayPal, please contact PayPal at PayPal. We will not be responsible for the functioning of the PayPal service nor for any problems or losses that this service may cause. We will not be liable for any delay or non-delivery of our e-cards if PayPal, your card issuer or your bank does not for any reason authorise payment to us. Our ‘Limitation of Liability’ clause (below) applies.

If you have any questions relating to the payment process generally, please contact us here.

PAYMENT– CORPORATE CLIENTS ONLY

As a corporate client who has been introduced to us by a charity, you may also wish to pay by cheque or electronic transfer if we have already agreed with you the details of your e-card order, including message and display of your logo.

Alternatively, you may wish to use our automatic mail service: we will discuss with you the details of your e-card order, confirm all details of your order in a subsequent email to you, and forward to you our invoice. On receipt of payment, we will send out the ordered e-cards on your behalf.

LIMITATION OF LIABILITY

While we have taken all reasonable care in the creation, selection and assembly of our Web Site’s content, all such content (including, without limitation, third party information, text and images) is provided ‘AS IS’ and, to the fullest extent permitted by applicable legislation, all conditions or warranties express or implied, statutory or otherwise are hereby excluded.

We are not responsible for the unlawful entry and or unsolicited hacking, attacking or otherwise attempting to enter or place inappropriate materials upon our Web Site, or the web sites of others, by any known or unknown party.

We are not liable for any loss or damage caused by a distributed denial-of-service attack, viruses, defects or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material (or that of anyone to whom you send an e-card) due to your use of our Web Site or to your downloading of any material posted on our Web Site, or on any website linked to our Web Site.

We and/or our respective suppliers make no representations about the suitability of the information, products, and services contained on this Web Site for any purpose. We shall use reasonable care and skill in carrying out the services contained in this Web Site. To the maximum extent permitted by law, Triple Truth Limited and/or its respective suppliers hereby disclaim all warranties, terms and conditions with regard to this information, products, and services, including all implied warranties, terms and conditions, by statute, collaterally or otherwise, of satisfactory quality, fitness for a particular purpose, title, and non-infringement, and we will not be held liable in any way for your use of our Web Site.

In no event, including negligence, shall we and/or our suppliers be liable for any loss of profit, loss of opportunity, loss of business, loss of revenue, wasted time, wasted costs, indirect, incidental, special, or consequential loss arising out of or in any way connected with the use of this Web Site or with the delay or inability to use this Web Site, or for any information, products, and services obtained through this Web Site, or otherwise arising out of the use of this Web Site, whether based on contract, tort, strict liability or otherwise, even if Triple Truth Limited or any of its suppliers has been advised of the possibility of damages.

Except in relation to liability for death or personal injury, for which no limit applies, our liability and/or our respective suppliers for direct loss arising out of the use of this Web Site, whether based on contract, tort, strict liability or otherwise, is limited to the total value of the transaction under which the claim arises for any one event or series of connected events. This does not affect your statutory rights as a consumer.

INDEMNITY

You agree to defend, indemnify and hold us harmless from any and all liabilities, costs and expenses related to any violation of these Terms by you or your authorised users, or in connection with the use of the Web Site or the Internet or the placement or transmission of any message or information on this Web Site by you or your authorised users.

PRIVACY POLICY

We process information about you in accordance with our Privacy Policy.  By using our Web Site, you consent to such processing and you warrant that all data provided by you is accurate, and that you will advise us of any changes to your data.

SENDING MATERIAL TO OUR SITE

Any communication or information transmitted or attached by you to our Web Site by electronic mail or otherwise will be treated as non-proprietary and non-confidential and may be used by us for any purpose, including, without limitation, copying, broadcasting, transmitting, publishing, reproducing, disclosing, distributing, posting to third parties.  We also have the right to disclose your identity to any third party who claims that any material posted or uploaded by you to our Web Site constitutes a violation of their intellectual property rights, or of their right to privacy.

Whenever you make use of a feature that allows you to contact our Web Site, you must comply with the content standards set out in our acceptable use policy terms below. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

VIRUSES, HACKING AND OTHER OFFENCES

You must not knowingly introduce to our Web Site viruses, trojans, worms or other material which is malicious or technologically harmful.  You must not attempt to gain unauthorised access to our Web Site, the server on which our Web Site is stored or any server, computer or database connected to our Web Site.  You must not attack our Web Site via a denial-of-service attack or a distributed denial-of-service attack or other attack of any kind which is technologically harmful.

LINKING TO OUR WEB SITE

Save where otherwise agreed between us in writing, you shall not be entitled (nor shall you assist others) to set links to our Web Site (whether by hypertext linking, deep-linking, framing, tagging or otherwise).

LINKS FROM OUR WEB SITE

Where our Web Site contains links to other web sites and resources provided by third parties, these links are provided for your information only and do not constitute an endorsement of the content of such third party web sites by us.  We have no control over the contents of those web sites or resources or over any link contained in a linked web site.  We accept no liability for them or for any loss or damage that may arise from your use of them.  We may at our discretion add or remove links to third party web sites at any time without notice to you.

ACCEPTABLE USE POLICY

We set out below our acceptable use policy with which all visitors to and users of our Web Site must comply so as to ensure that our electronic greetings are used in a lawful and appropriate manner.

I            Prohibited Uses

You may not use our site:

• in any way that breaches any applicable local, national or international law
• to send, publish, distribute, circulate or otherwise propagate any material that may be deemed to be defamatory, grossly offensive or of an indecent, obscene nature or menacing in character
• to send e-cards to mailing lists to which you do not have full rights, or to send unsolicited bulk or commercial messages
• in any way that is unlawful or fraudulent
• to knowingly transmit, send, upload any material containing viruses, Trojan horses, worms or any other harmful programmes
• to infringe the rights of others, including the right of privacy and copyright
• to reproduce, duplicate, copy or re-sell any part of our Web Site
• to access without authority, or interfere with, any part of our Web Site or any software used in the provision of our Web Site
• in any other way that is detrimental to us or third parties

II        E-Card Content Standards

Any e-cards which you send from this site must not:

• contain any material which is defamatory of any person
• contain any material which is obscene, offensive or inflammatory
• contain any viruses or other harmful, disruptive or destructive files
• promote violence or sexually explicit material
• promote any form of discrimination
• attempt to misrepresent or conceal the identity of the sender
• be likely to deceive any person
• be made in breach of any legal duty owed to a third party
• be sent in furtherance of unlawful, criminal or fraudulent activity
• be used to impersonate any person, or misrepresent your identity
• be abusive, harassing or threatening

You are solely responsible for your actions undertaken using our Web Site. We do not exercise editorial control over your transmissions but we do reserve the right to review your transmissions in order to ensure compliance with these Terms.

Failure to comply with the acceptable use policy constitutes a material breach of these Terms and may result in our withdrawing of your right to access and use our Web Site, commencement of legal proceedings or any other actions as we reasonably deem necessary. In particular, we reserve the right in our sole discretion to disclose to third parties any information relating to you and your use of our Web Site if we believe it is necessary to address any violations of the acceptable use policy and these Terms. Any such disclosures (to which you irrevocably consent) may be made without notice.

We may revise the acceptable use terms at any time without notice.  You are expected to check this page from time to time upon accessing our Web Site to take notice of any such changes made, as they are binding on you. 

MISCELLANEOUS

Any failure by us to exercise or enforce any provision of the Terms shall not constitute a waiver of such provision. The headings in these Terms are for convenience only and do not affect the Terms’ interpretation.

JURISDICTION AND APPLICABLE LAW

These terms will be governed by and construed in accordance with the law in force from time to time of England and Wales, and the parties consent to the non-exclusive jurisdiction of the Courts of England and Wales.

If any provision of these Terms is held to be unlawful, void or for any reason unenforceable, then that provision shall, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these terms, and shall not in any way affect the validity and enforceability of these Terms.

If you have any questions, please contact us here.