Last Updated 22nd October 2018
These user terms and conditions (“Terms and Conditions”) may be updated by Us from time to time without notice to You. We will post any revisions to these Terms and Conditions on our website and We will also indicate at the top of this page the date that these Terms and Conditions were last revised.
By browsing and using www.ecardshack.com (including the placing of orders), You are agreeing to comply with and be bound by the following Terms and Conditions of use, which govern the relationship between You and eCO2 Greetings Limited.
Your use of the service or this Website after any revisions have been made constitutes Your acceptance of the new Terms and Conditions. If You do not agree to abide by these or any new Terms and Conditions, do not use or access (or continue to use or access) the service or this Website. It is Your responsibility to regularly check this page to determine if there have been changes to these Terms and Conditions and to consider such changes.
You should print a copy of these Terms and Conditions for future reference and You should also regularly revisit the Terms and Conditions on the Website for purposes of noting whether or not revisions have been made.
1. Who we are
1.1 Ecard Shack is the trading name of eCO2 Greetings Limited of Building 1, Olympic Way, Olympic Park, Warrington, WA2 0YL, United Kingdom. eCO2 Greetings Limited is registered in England and Wales under company no. 06539564 and are VAT registered under no. 929 5438 85. The term “Ecard Shack”, “We” and “Us”, shall mean eCO2 Greetings Limited, the owner of this Website. The term “You”, “Yourself” and “Your” refers to the user or viewer of this Website.
2. The services
2.1 Ecard Shack is a provider of e-card design services for seasonal, event specific and every-day e-cards (with the option to utilise the custom design services of Ecard Shack or to opt to use the self-design service from available Website tools) and We call this the “Design Service”.
2.2 Ecard Shack provides the optional electronic distribution of e-cards and we call this the “Distribution Service”. Our Design Service and Distribution Service are available through www.ecardshack.com, We call this the “Website”.
2.3 Where offered and accepted together the services defined in clauses 2.1 and 2.2 shall collectively be known as the “Services”.
3. User accounts
3.1 Certain aspects of the Services may require You to register and provide information about Yourself. You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the relevant registration form contained on the Website (such information being the Registration Data) and (b) maintain and promptly update the Registration Data (by emailing Us) to keep it true, accurate, current and complete and We shall not be liable for any loss suffered by Your non-compliance with this provision.
3.3 The registration processes will involve You providing a password and We shall provide You with a designated account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Your password or account. You agree to (a) immediately notify Ecard Shack of any unauthorised use of Your password or account and any other breach of security, and (b) ensure that You exit from Your account at the end of each session. Ecard Shack cannot and will not be liable for any loss or damage arising from Your failure to comply with this obligation.
4. The contract between us
4.1 Your placing of an order through the Website is an offer made to Us, by You. We must receive payment of the whole of the price for the Services that You order before Your order can be accepted.
4.2 When payment has been tendered by You, We will confirm that Your offer has been accepted by sending a confirmation email to You at the email address You provide in Your order form which may include both order and payment confirmations dependent on the service provided. Receipt by You of either an order or payment confirmation (or both) shall be sufficient to give You notice that your offer has been accepted and a binding contract exists between us.
4.3 You agree to indemnify and hold harmless Ecard Shack against any claims or losses suffered as a result of You using the Distribution Service to send unsolicited emails to recipients. You warrant that all recipients of the e-cards You request to be sent are persons with whom You have a either personal or business relationship and should this not be the case you should advise Us in advance of placing any order.
5.1 The prices payable for the Services that You order are as set out on the Website and shall be confirmed when you proceed to the checkout. The price You pay may depend upon any promotional codes that are applied on checkout. Monthly subscription payments for every-day e-card Services may be subject to US Dollar and UK Sterling exchange rate fluctuations.
5.2 The price you pay for any custom design completed under the Design Service will be subject to separate agreement between You and Us.
5.3 We reserve the right to change pricing on the Website without notice.
6. Right for you to cancel your contract
6.1 Given the electronic nature of the Services We are unable to offer a refund after cancellation of the contract for non-subscription Services unless they are found to be defective.
6.2 Monthly subscriptions contracts can be cancelled after the 6 month contracted term has expired.
6.3 Cancelations must be made in writing 30 days in advance to firstname.lastname@example.org
6.4 Nothing in this clause shall affect your Statutory Rights.
7. Cancellation by us
7.1 We reserve the right to cancel the contract between us if:
7.2 One or more of the services You ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by Us.
7.3 We are unable to fulfil Your for any reason notified by email to you.
7.4 If We cancel Your contract We will notify You by email and will refund any monies paid by You as soon as possible but in any event within 30 days of Your order. We shall not be obliged to offer any additional compensation for disappointment suffered.
8. Delivery of service
8.1 Where the service ordered is the Distribution Service either exclusively or in addition to other services, We will deliver e-cards to specified email addresses You have specified at the time You make Your order. We shall not be responsible to either You or the recipient for Your failure to supply accurate names and email addresses and strongly advise that You check Your sender list carefully.8.2 With respect to the email addresses described in clause 8.1, these must be supplied in the Ecard Shack CSV template, available from the Website, and failure to do so will lead to your order being rejected.
8.3 If you ask Ecard Shack to transmit the e-cards under the Delivery Service You shall be responsible for providing accurate information in the template supplied to You by Ecard Shack. You shall also be responsible for verifying the information in our final approval process. We shall not be liable for any loss arising from You providing inaccurate or incomplete information or for Your incorrect verification of the information.
8.4 Following completion of the contract, Your e-card shall remain accessible on the Website for a period of 9 months from the date of Your order, after which time it shall expire.
8.5 If you choose to deliver the e-cards by Your own methods, then Ecard Shack shall not be responsible to you in any respect. It is Your responsibility to ensure that you are technically capable to send the e-cards and Ecard Shack shall not be liable for any loss to You arising from any such incapacity.
8.6 Delivery will be made as soon as possible after Your order is accepted and in any event within 5 working days of Your order.
8.7 Once e-cards have been delivered by Us under the Delivery Service, We will not be liable for their loss or destruction in transmission provided that We can demonstrate that they have been transmitted by Us in the normal course.
8.8 Ecard Shack are not responsible for non-delivery or technical limitations of the end user for any reason. You are advised to read our FAQ. It is for the end user to choose to view the e-card and for their mail server to accept delivery of the same and Ecard Shack shall not be liable for loss or delay in relation to the same.
9.1 If the Services We provide under the contract are not what You ordered or the delivery is of an incorrect quantity, We shall have no liability to You unless You notify Us in writing at our contact address of the problem within 10 working days of the delivery of the service in question.
9.2 Where the service ordered is the Distribution Service, if Your end recipients do not receive the e-cards within 10 days of the date on which You ordered them, We shall have no liability to You unless You notify Us in writing at our contact address of the problem within 15 days of the date on which You ordered the service.
9.3 If You notify a problem to Us under clauses 9.1 or 9.2 above, our only obligation will be, at Your option:
9.3.1 to make good any shortage or non-delivery;
9.3.2 to repair and resend any products that are damaged or defective;
9.3.3 or to refund to You the amount paid by You for the service in question in whatever way we choose.
9.3.4 to make good any shortage or non-delivery;
9.3.5 to repair and resend any products that are damaged or defective;
9.3.6 or to refund to You the amount paid by You for the service in question in whatever way we choose.
9.4 Save as precluded by law, We will not be liable to You for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem You notify to Us under this contract and We shall have no liability to pay any money to You by way of compensation other than to refund to You the amount paid by You for the Services in question in accordance with clause 9.3.3 hereof.
9.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase the Services from our site. The importation or exportation of certain goods may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the products under the service You purchase.
9.6 Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to limit any rights You might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to You for any death or personal injury resulting from our negligence.
9.7 We shall not be liable to You for the modification of the Services in accordance with clause 15.
9.8 We shall not be liable to You for any of the events under clause 21 arising.
10.1 Unless otherwise expressly stated in these Terms and Conditions, all notices from You to Us must be in writing and sent to our contact address at Ecard Shack, Building 1, Olympic Way, Olympic Park, Warrington, WA2 0YL, United Kingdom.
10.2 Notices from Us to You may be in writing or electronic format (to include both email and notice via the Website.
11.1 If any part of these Terms and Conditions is unenforceable (including any provision in which We exclude our liability to You) the enforceability of any other part of these conditions will not be affected.
13. Third party rights
13.1 Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
14. Entire agreement
15. Modifications to Service
15.1 Ecard Shack reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Ecard Shack shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Services.
16.1 You agree that Ecard Shack, in its sole discretion and without liability to You or any third party, may suspend or terminate, with or without notice, the Website, the Services or any part of it or any of Your passwords or accounts (or any part(s) thereof or related files and information) within that service, and may remove and discard any Content within the service, for any reason, including, without limitation, for lack of use or if Ecard Shack believes that You have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Where there is a breach of these Terms and Conditions, the rights described in this paragraph are not Ecard Shacks only remedy and Ecard Shack may take any other action that We reasonably deem appropriate in connection with such breach.
17.1 You expressly acknowledge and agree that:
17.2 The content of the pages of the Website is for Your general information and use only.
17.3 Your use of the Services is at Your sole risk. Ecard Shack has made every effort to ensure that the content on the Website and made available through the Services is accurate and up-to-date and correct at the time of publication. The Website and the services are provided on an ‘as is’ and ‘as available’ basis. We do not guarantee the accuracy, timeliness, completeness of the Content provided on the Website or through the services or that use of the Website will be uninterrupted, virus free or error-free. No responsibility is accepted by or on behalf of Ecard Shack for any errors, omissions or inaccurate information on the Website or available through the Services and it is Your responsibility to ensure that the Services are fit for purpose.
17.4 You acknowledge that information and materials on the Website may contain inaccuracies or errors and We expressly exclude liability for any such inaccuracies or errors and you are deemed to have agreed to the Services as offered at the time a contract is entered into between us.
17.5 Unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.
17.6 From time to time this Website may also include links to other websites. These links are provided for Your convenience to provide further information. They do not signify that Ecard Shack endorses the website(s) and Ecard Shack has no responsibility for the content of the linked website(s).
17.7 If the information, content of the Website and Services do not address Your particular circumstances and requirements You should not make use of the Services. By placing an order with Us, You are deemed to approve the Services you are offered. It is accordingly Your own responsibility to ensure that information, material and Services are in accordance with your specific requirements.
17.8 Ecard Shack is not responsible for how the content on the Website or available through the Services is used, is interpreted or what reliance is placed on it. We do not accept any responsibility for the results of any action taken on the basis of the information provided on the Website or available through the services.
17.9 Any information or material downloaded or otherwise obtained through the use of the Services is done at Your own discretion and risk and You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such material.
17.10 No advice or information, whether oral or written, obtained by You from Ecard Shack shall create any warranty or other obligation not expressly stated in these Terms and Conditions.
18.1 No delay or failure by Ecard Shack to exercise any of its powers, rights or remedies under this agreement shall operate as a waiver of them nor shall any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver, to be effective, must be in writing.
19. Availability of the Website
19.1 Ecard Shack has a good record of uptime and availability of the Website. We do not, however, guarantee that the Website will operate continuously without interruptions or be error free and Ecard Shack therefore accepts no liability for its unavailability.
19.2 You must not attempt to interfere with the proper working of the Website and, in particular, You must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Website, router or any other internet connection device.
20. Events outside of our control
20.1 Ecard Shack will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions or any contract that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
20.2 Strikes, lock-outs or other industrial action.
20.3 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
20.4 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
20.5 Impossibility of the use of public or private telecommunications networks.
20.6 The acts, decrees, legislation, regulations or restrictions of any government in any country, state or principality in the world.
20.7 Viruses and cyber attacks.
20.8 Power failure affecting any part of our servers, premises or any other part of our service.
20.9 Ecard Shack’ performance under any Terms and Conditions or any contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance during that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms and Conditions or any contract may be performed despite the Force Majeure Event.
21. Intellectual property
21.1 The contents of the Website is protected by international copyright laws and other intellectual property rights. The owner of these rights is Ecard Shack or other third party licensors. All product and company names and logos mentioned in the Website are the trade marks, service marks or trading names of their respective owners including Us. Any material or information downloaded from this Website is subject to Copyright Terms. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information downloaded from this Website without prior written authorisation from a director of Ecard Shack.
21.2 You acknowledge that when importing images onto the Website for use with the Design Service:
21.2.1 You confirm that you are either the right holder or a direct licensor and have all necessary rights in Your jurisdiction to use those images.
21.2.2 You have sought the necessary permission from within Your organisation to use company images and logos and to send out e-cards on behalf of Your organisation.
21.2.3 You shall hold Ecard Shack harmless against any loss caused by your breach of this clause.
22. Governing Law
22.1 The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
22.2 Your use of this Website and any dispute arising out of such use of the Website is subject to the laws of England and Wales and You hereby consent to this jurisdiction.
23.1 If You have any questions or complaints about the Website, We want to hear from You so We can improve our service. Please e-mail Us at email@example.com and We shall consider Your comments carefully. We aim to respond to Your complaint or query within five working days.