These User Terms became effective after the launch date of the Send Holiday Postcard app in March 2020. They had previously been displayed prior to the launch date to provide advance information for prospective users of the Send Holiday Postcard app.
1a. These Send Holiday Postcard app User Terms will hereinafter be called "the User Terms Agreement". Anyone who uses the Send Holiday Postcard app via any electronic device or sends Postcards from a website administered by Our Pages Ltd must agree to adhere to the User Terms Agreement and unequivocally accept that the only parties to the Users Terms Agreement are Holiday Postcards Ltd - Company Number 1557657 whose registered office 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 and/or an Holiday Postcards Ltd's website promoting it, directly or was referred to it by a person, organisation, website, publication or any other source), the Individual, Organisation or Business that enters into this Agreement "the Customer".
1b. Providing the Customer confirms 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 will not be in breach of any condition in the User Terms Agreement, the Company grants the Customer rights to Print and Post Holiday Postcards (and Photo Postcards - see item 5b below) using the Send Holiday Postcard app or from the Company’s website “the Holiday Postcards Service”. Prices inclusive of UK VAT will be displayed on screen prior to the sending of a Holiday Postcard via the Holiday Postcards Service.
1c. The Customer can authorise any family member, friends, Sports or Social Club, Society, Team, Band, Orchestra, Church, Business or other Organisation, “the Secondary Users” (providing the Secondary Users have downloaded the Send Holiday Postcard app to their electronic device and have confirmed that they have read and agree to comply with and be bound by the conditions detailed in the User Terms Agreement) to use the Holiday Postcards Service via Auxiliary Accounts “the Auxiliary Accounts”. The Company will make Six Auxiliary Accounts available which can only be funded by the Customer who allocates a temporary user name and password for exclusive use by a specific Secondary User. The Customer can change a Secondary User’s password or suspend or revoke the use of any Auxiliary Account anytime. The Customer has the option to activate or deactivate all or any Auxiliary Account used by a Secondary User. The Customer can make a request to have more than Six Auxiliary Accounts by contacting the Company with their reasons for having them.
1d. If the Customer is acting for and on behalf of their Sports or Social Club, Society, Team, Band, Orchestra, Church, Business or other Organisation, they must first have obtained their absolute authority to enter into the User Terms Agreement on their behalf and can authorise members of their Sports or Social Club, Society, Team, Band, Orchestra, Church or other Organisation, or employees of a Business to use the Holiday Postcards Service as Secondary Users (providing the Secondary Users have downloaded the Send Holiday Postcard app to their electronic device and have confirmed that they have read and agree to comply with and be bound by the conditions detailed in the User Terms Agreement) before sending Holiday Postcards via their Auxiliary Account.
1e. When the Customer authorises a Secondary User to use an Auxiliary Account, they accept that they alone remain ultimately responsible for ensuring that the provisions of the User Terms Agreement are fully complied with and irrevocably agrees that the Company have their full authority to suspend their use of the Holiday Postcards Service and close down their User Account, should any breach occur by themselves or any of their Secondary Users of the Holiday Postcards Service.
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 UserTerms 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 conditions 3a and 4a below. 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.
3a. The Customer can use the Holiday Postcards Service as a Guest without registering their details with the Company, providing they have downloaded the Send Holiday Postcard app to their electronic device and have confirmed that they have read and agree to comply with and be bound by the conditions detailed in the User Terms Agreement and agree to limit their purchase for the printing and posting of Holiday Postcards to a value of no more than £5.00 and to make payments via their PayPal account. “the Guest Service”. There is no limit as to the number of times the Customer can use the Guest Service providing their maximum purchase does not exceed £5.00 on each occasion.
3b. The Customer can register to have a User Account “the Registered User” to take advantage of discounts periodically offered by the Company; to store Contacts’ addressee’s details that can be transcribed onto a Holiday Postcard when needed, to create a mail-shot to selected Contacts; to credit funds to their User Account to cover the costs for themselves or any of their Secondary Users to use the Holiday Postcards Service at the Registered User’s discounted rates until the amount credited to their User Account has been exhausted. 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’s Email address will be verified by the Company prior to the Customer’s User Account being activated. The Customer attests that, at the time when they are entering into the User Terms Agreement that they are 16 years or older and are acting in their personal capacity, or have first obtained authorisation to enter into the User Terms Agreement on behalf of their Sports or Social Club, Society, Team, Band, Orchestra, Church or other Organisation, or employees of a Business.
4a. Prior to using the Holiday Postcard Service, the Customer, who is the Registered User, agrees to pay funds to the Company in advance, via PayPal, the amounts credited, used, or used to credit an Auxiliary Account and the credit balance being displayed in their User Account. There are no time limits for the Customer to spend the funds they credit to their User Account or to any Auxiliary Account for use by their Secondary Users.
4b. The Customer allows their Secondary Users to print and post Holiday Postcards up to the value of the amount credited to their specific Auxiliary Account, the amount credited being displayed on the screen and diminishes as the Secondary User prints and posts each Holiday Postcard or Photo Postcard. Each Auxiliary Account is automatically suspended when the funds credited are all used up.
5a. The Holiday Postcard Service can only be accessed after the Customer downloads the FREE “Send Holiday Postcard app” from either Apple’s App Store or Google’s Play Store; this is provided by the Company on the understanding that the app may be upgraded, substituted or their continued usage, in conjunction with the Holiday Postcards Service, may be suddenly revoked by the Company. All software has limitations and the Company do not contract to re-write or customise c, 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 by the Customer or any of their Secondary Users who have access to it via an Auxiliary Account.
5b. The Company developed the Send Holiday Postcard app with the prime objective for the Customer or any of their Secondary Users to generate and send Holiday Postcards effortlessly, but it is just as easy for the Customer or a Secondary User to generate and send a Photo Postcard to celebrate or publicise a special occasion, a person, club, band, business, charity, organisation, church or indeed any other legal activity whatsoever and the Company grants the Customer and the Secondary User 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.
6a. The Customer or any Secondary User undertakes not to use photographs that infringe other parties’ copyright, trademark or intellectual property rights. The Customer or any Secondary User agree 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 or their Secondary Users off 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.
6b. Should the Company be made aware of any unlawful use by the Customer or any of their Secondary Users 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 or any Secondary User of the Holiday Postcards Service without the need for further reference. A Customer using the Guest Service (see item 3a above), irrevocably agree to the Company recording their IP address, the email address used to authorise payments via PayPal, the date and time of transactions and to pass this information, without further reference to law enforcement authorities, should any unlawful use occur.
7a. 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 or any Secondary User 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.
7b. 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 7a above.
8a. 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 or their Secondary Users make use of the Holiday Postcards Service. The Customer and their Secondary Users must take all precautions to prevent any unauthorised access to the Holiday Postcards Service from unauthorised persons by not divulging their User Name and Passwords to any unauthorised person, the Customer agrees to use strong passwords.
8b. 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 or their Secondary Users 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.
8c. 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.
10a. 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 website, Twitter and Facebook Accounts. The Customer and their Secondary Users will also be notified of any changes to the User Terms Agreement the next time they use the Send Holiday Postcard app immediately following any changes.
10b. The Customer agrees that they will ONLY be entitled to a refund of any fees paid in advance, in the unlikely event of the Company discontinuing the Holiday Postcards Service 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 yet to be used to purchase Holiday Postcards. The Customer agrees that refunds will be paid to them via PayPal to the latest e-mail address used by them to fund their User Account 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.
10c. 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. The Customer agrees to notify the Company of any non-delivery of a Holiday Postcard after 21 days of sending it and before 31 days have lapsed to qualify for it to be resent to the same address without further cost; if non-delivery was due to the Customer addressing the Holiday Postcard incorrectly, the Customer can resend it to the corrected address at their own expense. The Customer will be notified if any Holiday Postcards posted by them are returned to the Company because they were undeliverable.
11. 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 12b below. The Customer accepts that the Company’s total aggregate liability to them and their Secondary Users 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 for use of the disputed Holiday Postcards Service. The Customer agrees to notify the Company of a claim within 8 weeks of it arising.
12a. Notices sent by the Company to the Customer will be sent to the last e-mail address provided by the Customer. Should any e-mail sent by the Company be undeliverable to the Customer's e-mail address, the Company will make two further attempts to send it again at 7-day intervals; if they are still unable to deliver the Notice by email, then the Customer irrevocably agrees that the Company have their permission to suspend their use of the Holiday Postcards Service and/or close down their User Account.
12b. 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 by e-mail or the postal service. In the case of an e-mail, a valid notice shall only be deemed to have been given to the Company when an electronic confirmation of reading has been obtained by the Customer. E-mail notifications to the Company must be sent to moc.segapruo@seciton In the case of notices posted to the Company, they must be sent by "registered postal delivery" to: Holiday Postcards Ltd, (Send Holiday Postcard app) 2389 Davenport House, 261 Bolton Rd, Bury, BL8 2NZ England.