These User Terms will become effective after the launch date of the Send Holiday Postcard app and the Send Holiday Postcard web app which has been delayed until June 2020. They are displayed prior to the launch date to provide advance information for prospective users of these apps.
1a. These User Terms will hereinafter be called "the User Terms Agreement". In order to create a Holiday Postcard, the Send Holiday Postcard app needs to be installed from either the Apple App Store or Google Play to the User’s Apple or Android Smart Phone or Tablet. Alternatively, the User can access the Send Holiday Postcard web app in the Cloud from any of Holiday Postcards Ltd’s web-sites from a Computer, Netbook, Laptop or any device that contains a browser “the user's electronic device”.
1b. The user must agree to the User Terms Agreement and unequivocally accept that the only parties to the User Terms Agreement are Holiday Postcards Ltd - Company Number 1557657 whose correspondence address is situated at 2389 Davenport House, 261 Bolton Rd, Bury, BL8 2NZ. England “the Company” and, (irrespective as to whether they learnt about the Send Holiday Postcard app or the Send Holiday Postcard web app from one of Holiday Postcards Ltd’s web-sites promoting it, directly or was referred to it by a person, organisation, website, publication or any other source), the Individual that enters into this Agreement "the Customer".
1c. Providing the Customer confirms, during registration, that they have read the User Terms Agreement and agree to comply with and be bound by its terms and that their use of the Send Holiday Postcard app or Send Holiday Postcard web app will not be in breach of any condition in the User Terms Agreement, the Company grants the Customer rights to Create Holiday Postcards (and Photo Postcards - see item 4b below) using the Send Holiday Postcard app or the Send Holiday Postcard web app and store them on the user’s electronic device prior to instructing the Company to organise the printing and posting of them “the Holiday Postcards Service”.
1d. The Customer agrees to pay for the Holiday Postcards Service on a Pay As You Go Basis by making a secure payment via PayPal for either a single or a batch of postcards that they have created using the Holiday Postcards Service (“PAYG”) when instructing the Company to organise the printing and posting of a holiday postcard created with the Send Holiday Postcard app or the Send Holiday Postcard web app. Prices inclusive of UK VAT, will be displayed on screen prior to authorising Payments.
1e. The Company operates an internet based business whose management are based at separate parts of England. Office hours (with the dedicated phone line 0161 399 0378) are from 9am to 1pm and from 2pm to 6pm UK time Monday to Friday excluding bank holidays. Visitors by appointment only are at a mutually convenient English location.
The Customer will be notified if any Holiday Postcards posted by them are returned to the Company because they were undeliverable. They can be forwarded by the Company in an envelope to the corrected address FREE OF CHARGE in accordance with item 9d below.
1f. The Customer agrees that the Company may at any time assign any of their rights or transfer, delegate or subcontract any of their obligations or duties set out in the User Terms Agreement, without reference to the Customer.
2a. The User Terms Agreement shall be governed by and construed in accordance with English Law and the Customer hereby submits to the non-exclusive jurisdiction of the English Courts and confirms that no reliance on any representations has been made, other than on those expressly stated in the User Terms Agreement. No change, alteration or modification to the User Terms Agreement shall be valid, unless agreed in writing by the Company. The Customer agrees that the terms of the User Terms Agreement are severable. In the unlikely event that any term or provision is declared by a Court of Law to be invalid or unenforceable, the Customer and the Company will accept the Court's ruling, consistent with applicable law, to reflect the original intentions of the parties as nearly as possible, but the remaining terms and provisions will remain in full force and effect.
2b. The Customer agrees to make all payments to the Company in pounds sterling via PayPal as detailed in item 1d above. The services offered by the Company are primarily intended for use by residents of England, Wales, Northern Ireland and Scotland. A Customer resident outside of the UK, who wishes to use the Company’s services, can do so on the proviso that they agree to be solely responsible for the additional PayPal costs and currency conversion fees charged by PayPal when making payments to the Company in their local currency. Most UK expatriates living abroad or UK residents holidaying abroad, can send Holiday Postcards or Photo Postcards to UK addresses far cheaper than purchasing and posting cards locally and they will usually arrive a lot quicker.
3a. During the registration process to use the Holiday Postcards Service, the Customer agrees to provide accurate, current and complete information when answering registration questions and to promptly advise the Company of any future changes by updating their User Account details. The Customer attests that, at the time when they are entering into the User Terms Agreement that they are 16 years or older and acting in their personal capacity.
3b. Except for transaction information which is encrypted and accessible only via the Company’s own secure key; all information on the Company’s servers is individually encrypted and can only be read by the Customer.The Customer is provided with their unique digital key upon opening their account. This key is used for both encrypting and decrypting data and cannot be replaced. The Company provides a facility to take a backup. If the Customer does not backup and the user's electronic device is lost or stolen, the loss of the Customer’s secure key will have no financial implications as a PAYG service. However, with no digital key the Customer will need to delete their existing account and open a new one and will be unable to retrieve any of the encrypted stored information from the Customer’s old account. The Customer needs to inform the Company so that the encrypted data is not retrieved by anyone who might now have access to user's electronic device. During registration the Customer will provide the Company with a phrase or memorable words which will be used to identify the Customer should they choose to close the account legitimately.
3c. The Company has prioritised Security for users of the Send Holiday Postcard app and the Send Holiday Postcard web app. As well as storing encrypted information on the Company’s servers they have adopted a policy of restricted communications between themselves and Customers. The Company’s policy is never to phone, send text messages or emails or write to the Customer but to only use 'Push Notifications' and an exchange of messages via the Customer’s online account AFTER The Company confirms the Customer's registration to use the Send Holiday Postcard app and the Send Holiday Postcard web app by sending the Customer a one-off initial email.
3d. The Customer’s Email address will be verified by the Company prior to the Customer’s User Account being activated; once activated the Customer will be able to store their Contacts’ addressee’s details that can be transcribed onto a Holiday Postcard when needed, to create and instruct the Company to print and post an individual holiday postcard or a batch of holiday postcards to be sent to selective Contacts and to pay the Company to do so in accordance with item 1d above.
4a. The Holiday Postcard Service can only be used with the Send Holiday Postcard app or Send Holiday Postcard web app that the Company makes available to the Customer in accordance with item 1a above. Both apps are made available on the understanding that they may be upgraded, substituted or their continued usage may be suddenly revoked by the Company. All software has limitations and the Company does not contract to re-write or customise it, but its usage is provided by the Company on an 'as it is' 'with all faults' and on a ‘as available’ basis only. The Customer agrees to defend, indemnify, save and hold the Company harmless from any and all damages, demands, liabilities, losses, costs and claims, including legal fees, occurring, at any time, from any source because of the misuse of the Send Holiday Postcard app or the Send Holiday Postcard web app by the Customer.
4b. The Company developed the Send Holiday Postcard app with the prime objective for the Customer to generate and send Holiday Postcards effortlessly, but it is just as easy for the Customer to generate and send a Photo Postcard to celebrate or publicise a special occasion, a person, club, band, business, charity, church or indeed any other legal activity whatsoever and the Company grants the Customer the rights to use the Holiday Postcards Service to generate and send a Photo Postcard on any subject providing they adhere to the restrictions and conditions set out in the User Terms Agreement.
5a. The Customer undertakes not to use photographs that infringe other parties’ copyright, trademark or intellectual property rights. The Customer agrees not to use the Holiday Postcards Service to Print and Post a Holiday Postcard (or a Photo Postcard) that includes a message that could be construed as passing themselves as some other person, group or Organisation or for making any unlawful, obscene, abusive, libellous, derogatory, offensive, or objectionable statements or to promote any activity that is prohibited by law or for the promotion of violence, weaponry, hate sites, militant ideology or pornography in any form whatsoever or anything associated with nude photography, the sex or escort industry or for displaying illegal or nuisance information that violates others’ racial or religious rights and beliefs or discriminates against their gender, age or disabilities or to promote and/or sell drugs, pyramid schemes, chain letters or any form of gambling.
5b. Should the Company be made aware of any unlawful use by the Customer using the Holiday Postcards Service, then the Customer irrevocably authorises the Company to report details to any law enforcement authority including giving their permission to disclose all information known about the Customer of the Holiday Postcards Service without the need for further reference.
6a. Irrespective as to whether the Holiday Postcards Service is being used for Personal or Business reasons, the Customer agrees that no Holiday Postcard or Photo Postcard will be created by themselves through the Holiday Postcards Service to support or publicise an established entertainer, singer, pop group, band, sports team or any business, government or charitable organisation, unless they have obtained approval from the persons and/or organisations being publicised on the Holiday Postcard or Photo Postcard, PRIOR to their using the Holiday Postcards Service for that purpose.
6b. Should any photograph or image become subject to any dispute for any reason whatsoever, the Customer will, if instructed to do so by the Company, immediately cease to use such photograph/s as a Holiday Postcard or Photo Postcard and will refrain from using it/them again. The Customer agrees to indemnify the Company for any costs incurred by them as a result of their not having obtained prior permissions for such postcards in accordance with 6a above.
7a. The Customer agrees that the Company will not be held responsible for any breaches in security which may occur during the period that the Customer makes use of the Holiday Postcards Service. The Customer must take all precautions to prevent any unauthorised access to the Holiday Postcards Service from unauthorised persons by not divulging their User Name, Passwords and their phrase or memorable words referred to in item 3b above, to anyone.
7b. For the avoidance of any misunderstanding, the Customer agrees that neither the Company, their employees, subcontractors, agents or anyone associated with them, shall be held liable to the Customer of the Holiday Postcards Service for any loss of business, contracts, profits or failure to achieve savings or for any other indirect or consequential or economic loss whatsoever, irrespective whether such losses were caused because of omissions, interruptions, loss of files and data, errors, defects, operation or transmission delays, failures in performance because of destruction, theft or any unauthorised access or for any other reason whatsoever.
7c. The User Agreement will be suspended if the Company is unable to comply with it as a result of any Force Majeure event. The Company shall not be liable for any failure of or delay in the performance of the User Terms Agreement, for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, postal strikes, workforce and/or sub contractors’ strikes or disputes, breakdown of plant machinery, inability to obtain materials, fire, flood, storm, embargoes, government orders or due to any other Force Majeure event.
9a. The Customer agrees that the Company may change the User Terms Agreement; the new terms become binding after they are posted on the Company’s web-sites. The Customer will also be notified of any changes to the User Terms Agreement in accordance with item 3c above.
9b. The Customer agrees that they will ONLY be entitled to a refund of any fees paid, in the unlikely event of the Company discontinuing the Holiday Postcards Service prior to fulfilling any outstanding PAYG transactions and for no other reason. The Customer agrees that the Company may discontinue the Holiday Postcards Service without notice and without giving their commercial reasons for doing so. Should this happen, the Customer agrees to the User Terms Agreement being terminated immediately but the Customer will be refunded any fees paid in advance which are in the process of being used to print and post Holiday Postcards. The Customer agrees that refunds will be paid to them via PayPal and that they will have no further claim whatsoever against the Company in connection with the User Terms Agreement, once they have received their refund.
9c. The Company will endeavour to print and deliver Holiday Postcards to a UK address within 4-5 working days using 2nd Class Postage, those for European countries within 9-10 working days and those to the Rest of the World within 11-14 working days.
9d. The Company will notify the Customer of a misaddressed Holiday Postcard returned to its correspondence address see item 1e above. For up to five instances per year, the Customer will be invited to advise the Company of the correct address and to provide an explanatory message that will be forwarded onto the intended recipient in an envelope to the corrected address at the Company’s expense. The Customer agrees to pay £1 plus VAT to have additional Holiday Postcards forwarded onto recipients.
10. The User Terms Agreement can be terminated by the Customer at any time by informing the Company with a Notice, sent in accordance with item 11b below. The Customer accepts that the Company’s total aggregate liability to them for any claim in contract, tort, negligence or otherwise arising out of or in connection with the User Terms Agreement, shall be limited to a refund of fees paid to the Company in respect of any disputed aspect of availing themselves of the Holiday Postcards Service. The Customer agrees to notify the Company of a claim within 3 weeks of it arising.
11a. Notices sent by the Company to the Customer will be sent as 'Push Notifications' and as a message via the Customer’s online account, as per item 3c above.
11b. Any notice, direction or other communication given under the User Terms Agreement by the Customer, shall be in writing and written in English and sent to the Company, by "registered postal delivery" to: The Data Controller, Holiday Postcards Ltd, 30 St Giles, Oxford, OX1 3LE. England.