By using the service, you agree to abide by the following terms and conditions. These terms constitute the entire agreement between you and us. Any failure by us to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. We reserve the right to vary these terms without notice to you in relation to future use.
1 - The service
a) Envirowise provides this e-card service (from here on referred to as the 'service') to companies wishing to send e-cards.
b) This service is provided free of charge and will not involve a financial transaction.
c) The service cannot be modified and is provided for your use 'as is'.
2 - Your responsibilities
When using this service to post messages you agree to abide by the following:
a) Only to use the service for lawful purposes
b) You accept full responsibility for any message you place through the service
c) You agree that the content of any message you post will not contain any defamatory, offensive, threatening, abusive, racist, vulgar, obscene, profane, indecent, hateful or any otherwise objectionable material or post any comment that is intended to annoy, harass or intimidate another person or post a message that will constitute a criminal offence or give rise to a civil liability
d) You will not use the service to send unsolicited emails, otherwise known as spam to organisations or individuals that you are not currently or have previously dealt with.
e) You agree not to post or make available any material which is protected by copyrights, trade marks, or other proprietary rights when using the service, without the express permission of the owner of the copyrights, trademarks, or other proprietary rights and you will be solely liable for any damages resulting from infringement of any such copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission through the use of these services
f) When using the service, you agree not to upload files that contain viruses, or other similar software or programs that may damage the operation of another person’s computers, software, websites, or network and you will be solely responsible for any damages from any claims that may arise as a result from you posting files that have resulted in damage to the operation of another person's computer, software, website, or network.
3 - Privacy
a) We take reasonable care to comply with the requirements of the UK Data Protection Act 1998 relating to the personal information you supply for this service.
b) Reasonable precautions are in place to ensure personal details entered into the system are secure, but unless we are negligent, we will not be liable for unauthorised access to information supplied by you.
c) By using this service, you agree that all messages posted are screened by us to ensure compliance with section 2.
d) We will not utilise any submitted contacts within the Envirowise program nor sell, distribute or disclose your personal details to other third party organisations.
4 - Delivery
a) We will deliver the e-card to the email addresses that you supply us, once you have signalled final confirmation.
b) Whilst every effort will be made to deliver your e-cards, the service cannot be guaranteed.
5 - Intellectual property rights
a) All intellectual property rights, including copyright and trade marks associated with the service will belong exclusively to us. We grant you a non-exclusive, non-transferable licence to use the service solely for the purposes described on our website.
b) You agree not to copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute or create derivative works of any content of any works provided by the service, in whole or in part.
6 - Limitation of liability
a) You acknowledge that we do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made through the use of the Services and such communications shall not be considered reviewed, screened, or approved by us.
b) We do not warrant the content, accuracy or veracity of any posting made when using the Services. You acknowledge that the individual person posting the communication is responsible for the posting.
c) Otherwise, so far as permitted by law, and except in respect of death or personal injury arising from negligence, we exclude any liability for loss or damage of any kind resulting from the use of the Services.
7 - Sanctions
a) We reserve the right to deny, at our sole discretion, your access to the Services without reason or notice.
b) We also reserve the right to suspend your use of the Services where you break these terms or the law.
c) We reserve the right to refer any matter to a law enforcement agency or court of competent jurisdiction, where, in our reasonable opinion, we consider a matter is of a criminal or illegal nature.
d) We reserve the right to screen every message posting to ensure that it complies fully with these terms and conditions. We also reserve the right to not send e-cards that are deemed to be in breach of the terms and conditions.