Terms & Conditions
THIS SITE HAS NOW CLOSED
1. Terms & Conditions
1.1 This page (together with the documents referred to on it) tells you the terms of use on which you may make use of nopostie.com (the “Website”), and apply when you use the Website to send a personalised animated message (the “message”) from the Website (the “Service”). Please read these terms of use carefully before you start to use the Website. By using the Website, you indicate that you accept these terms of use and that you agree to be legally bound by them. If you do not agree to be legally bound by these terms of use, please refrain from accessing and/or using the Website.
2. Information about us
2.1 The Website is operated by Carte Blanche Greetings Limited (“CBG”). CBG is registered in England and Wales under company number 2265225 and has its registered office at Unit 3 Chichester Business Park, Tangmere, Chichester, West Sussex, PO20 2FT.
3. Your privacy and security
The CBG Privacy Policy explains how CBG processes the information it collects about you and the choices you can make about the way your information is collected and processed. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate and not misleading in any way.
4. Registering as a subscriber – minimum criteria
4.1 To register as a subscriber to the Website, the minimum requirements are that you must:
4.1.1 be at least 13 years of age; and
4.1.2 agree to provide CBG with your current personal details (including your name, e-mail address, postal address and valid payment details) and notify CBG of any changes to these details via the “Your Profile” section of the Website.
4.2 CBG has the right to refuse an application to register as a subscriber to the Website for any reason.
5. Subscribing to the Website
Provided that you satisfy the minimum criteria set out in clause 4, you may register as a subscriber to the Website.
6. Subscription fee
6.1 Subscribers to the Website are required to pay the subscription fee specified on the Website from time to time (the “Subscription Fee”) payable when you first register with the Website which is valid for such period (the “Subscription Period”) as may be specified on the Website at the time you subscribe.
6.2 The Subscription Fee entitles you to unlimited use of the Service for the Subscription Period.
6.3 Your subscription will be automatically renewed upon the expiry of each Subscription Period unless you terminate it before the expiry of your then current Subscription Period. CBG will notify you at least 15 days before the date of expiry of the Subscription Period via the e-mail address provided by you that the Subscription Period is due to expire. If you do not choose to terminate your subscription on or before the date of expiry of the Subscription Period by following the guidance set out in clause 7 below you will be required to pay a further full Subscription Fee.
6.4 Payment must be made through the Website via Sage Pay. All major debit and credit cards (with the exception of American Express cards) are accepted.
6.6 Free cards may be sent without a subscription to the site
7. Terminating your subscription
7.1 You may cancel your subscription to the Website at any time by following the instructions in the “Your Profile” section of the Website.
7.2 The cancellation of your subscription will take effect immediately.
7.3 CBG does not provide refunds where a subscription is cancelled before the expiry of the Subscription Period.
8. Use of the Service
8.1 Full use of the Service is restricted to registered subscribers only.
8.2 Use of the Service is permitted on a temporary basis, and CBG reserves the right to withdraw or amend the Service it provides on the Website at any time without notice. Please review these terms regularly to ensure you are aware of any changes made by CBG. Your continued use of the Service after changes are posted means you agree to be legally bound by these terms as updated and/or amended. Any of the material on the Website may be out of date at any given time and CBG is under no obligation to update such material.
8.3 If you choose, or you are provided with, a user name, password or any other piece of information as part of CBG’s security procedures, you must treat such information as confidential, and you must not disclose it to any third party. CBG has the right to disable any user name or password, whether chosen by you or allocated by CBG, at any time, if in its opinion you have failed to comply with any of the provisions of these terms of use.
8.4 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply fully with them.
9. Disclaimers
9.1 Whilst CBG will use its reasonable endeavours to ensure that the Website operates fully at all times, CBG will not be liable if for any reason the Website is unavailable or inaccessible at any time or for any period nor will CBG be liable for any damages, expenses or other losses incurred by you as a result of such unavailability or inaccessibility occurring.
9.2 CBG cannot warrant that functions contained in the Website content will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
9.3 Whilst CBG will use its reasonable endeavours to carry out the Service, CBG will not be liable for any loss whatsoever arising from its inability to send the message (whether because the recipient details entered on the Website are incorrect or for any other reason) nor for any loss whatsoever arising from the intended recipient’s inability to receive the message (whether because of the intended recipient’s firewall settings or for any other reason including that the message is delivered to a junk e-mail folder).
9.4 Whilst the content and images made available on the Website remain the responsibility of CBG to maintain, CBG cannot be held responsible for any personalised content or images uploaded by subscribers which are deemed to fall outside of its control. If you have received a message through this Service and have any concerns about the material which appears in the message you should report it to CBG by email at .
10. Intellectual Property rights
10.1 CBG is the owner or the licensee of all intellectual property rights in the Website and in the material published on it. This includes copyright in all text and images featured on the Website and trademarks in the names and logos identifying CBG and its products and services. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
10.2 You may print off one copy and may download extracts of any page(s) from the Website for your personal reference and you may draw the attention of others within your organisation to material posted on the Website.
10.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
10.4 With the exception of content and/or images legally uploaded by you onto the Website for the purposes of using the Service, none of the content of the Website may be copied or otherwise distributed via any other website or publication (whether electronic or in hard copy).
10.5 By uploading content and/or images onto the Website for the purposes of using the Service you agree, by submitting your contribution, to grant CBG a perpetual, royalty-free, non-exclusive, sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in CBG’s Privacy Policy. If you do not want to grant to CBG the rights set out above, please refrain from accessing and/or using the Website.
10.6 Further to clause 10.5, by uploading content and/or images onto the Website for the purposes of using the Service you confirm that it is your own original work and where it is not that you have been granted the consent of the person whose content or image it is and/or the owner of that content or image to use it. CBG will not be liable for any content or image uploaded by you from a source other than the Website where the necessary consent(s) have not been obtained.
10.7 The status of CBG (and that of any identified contributors) as the authors of material on the Website must always be acknowledged. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trade mark, patent, design right or copyright of CBG or any other third party.
10.8 You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from CBG or its licensors.
10.9 If you print off, copy or download any part of the Website in breach of these terms of use, your right to use the Website will cease immediately and you must, at the option of CBG, return or destroy any copies of the materials you have made. Furthermore, you agree to indemnify CBG against all damages, expenses or other losses incurred by CBG as a result of your breach of these terms of use.
11. Uploading material to the Website
11.1 Whenever you upload material to the Website in order to make use of the Service, or to make contact with other subscribers of the Website, you must comply with the following content standards You must not upload material which:
11.1.1 is defamatory, obscene, offensive, hateful or inflammatory;
11.1.2 promotes sexually explicit material;
11.1.3 promotes violence;
11.1.4 promotes discrimination based on race, sex, religion, nationality, disability, age or sexual orientation;
11.1.5 is likely to deceive any person;
11.1.6 is in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
11.1.7 promotes, advocates or assists in any illegal activity;
11.1.8 is threatening, abusive, or invades another’s privacy, or causes annoyance, inconvenience or needless anxiety;
11.1.9 is likely to harass, upset, embarrass, alarm or annoy any other person;
11.1.10 is used to impersonate any person or to misrepresent your identity or affiliation with any person; or
11.1.11 gives the impression that it emanates from CBG, if this is not the case.
11.2 You warrant that any such contribution does comply with the content standards set out in clause 11.1 and that you will indemnify CBG for any breach of that warranty.
11.3 Any material you upload to the Website will be considered non-confidential and non-proprietary and CBG has the right to use, copy, distribute and disclose to third parties any such material for any purpose. CBG also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
11.4 CBG will not be responsible or liable to any third party for the content or accuracy of any materials posted by you or any other subscriber to the Website.
11.5 Whilst CBG does not ordinarily monitor the material you upload onto the Website, CBG has the right to remove any material or posting you make on the Website if, in its opinion, such material does not comply with the content standards set out in clause 11.1 above.
12. Reliance on information posted on the Website
Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. CBG therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to or subscriber to the Website, or by anyone who may be informed of any of its contents.
13. Limitation of liability
13.1 The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, CBG, other members of its group of companies and third parties connected to us hereby expressly exclude:
13.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
13.1.2 any liability for any direct, indirect or consequential loss or damage incurred by any subscriber in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for
(a) loss of income or revenue;
(b) loss of business;
© loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of goodwill; and
(g) wasted management or office time,
and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
13.2 Nothing in these terms of use operates so as to exclude, limit or restrict CBG’s liability for death or personal injury arising from its negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
14. Viruses, hacking and other offences
14.1 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
14.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. CBG will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
14.3 CBG will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material owing to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
14.4 You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Website. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Website.
14.5 You agree that you will not use the Service to solicit others to become users of competitive online services, or for the purposes of advertising, selling or otherwise promoting other services.
15. Links from the Website
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. CBG has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
16. Jurisdiction and applicable law
16.1 The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the Website although CBG retains the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
16.2 These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
17. General
If any of these terms of use are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and continue to be binding and enforceable.
18. Customer support
If you experience any difficulty accessing the Website, please contact us, Email: , or call 01243 792594 between 9am-5pm, Monday – Friday
