Terms and conditions of use of our mobile app and website at www.customcard.com & www.customcard.co.uk.
1. INTRODUCTION
1.1. We are Tech Tent Limited (hereafter referred to as “TT”, “we”, “our”, or “us”) a company registered in Guernsey (No: 46701) whose registered office is PO Box 142, The Beehive, Rohais, St Peter Port, Guernsey,GY1 3HT. The address of our main trading office is 1st Floor, 7 Winchester Place, North Street, Poole, Dorset BH15 1NX. We trade as CustomCard (our URL’s are - www.customcard.com and www.customcard.co.uk) and offer a technology platform which utilises mobile applications, and websites to interact with our Users (hereafter referred to as “Users”, “You”, or “Your”) to let them customise and order greeting cards which are sent via postal services. Our VAT number is 182 6501 11.
1.2. These terms (“the Terms”) explain the use our Users may make of our mobile phone application CustomCard (“the App”) and our website at www.customcard.com and www.customcard.co.uk (“the Website”) and content, products and services that may be accessed through the App or the Website (hereafter collectively referred to as our “Services”).
1.3. Your downloading, activation, installation and use of the App or accessing and use of the Website or your interaction with the Services, amounts to your acceptance of the Terms.
2. SERVICES
2.1. The Services that we provide may only be used in accordance with these Terms. The Services include, but are not necessarily limited to:
2.1.1. the ability to upload personal text using the App and Website;
2.1.2. the ability to order greeting cards (“the Products’) on which we can print the text that has been uploaded by You.
2.1.3. the arrangement of postal services.
2.2. Only persons aged 18 years or over may use the App, Website and use the Services offered by us.
2.3. You agree not to copy, make commercial use of, loan, sell, assign, rent, lease, publish, redistribute, license, sub-license or otherwise transfer the App, the Website or the Services.
2.4 YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT PROVIDE POSTAL SERVICES DIRECTLY AND WE HAVE NO RESPONSIBILITY OR LIABILITY FOR POSTAL SERVICES.
3. UPDATES
3.1. These Terms apply to the App, the Website and the Services, including any updates or additions to any of them, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App, the Website or any Service, the terms of an open-source licence may override some of these Terms.
3.2. We may change the Terms at any time by sending you an email with details of the change or notifying you of a change when you next start the App or log onto the Website. The new terms may be displayed on-screen and you may be required to read and accept them to continue.
3.3. From time to time updates to the App and the Website may be issued. You may not be able to use the Services until you have downloaded, streamed or refreshed the latest version of the App or the Website and accepted any new terms.
4. USE AND DATA COLLECTION
4.1. You will be assumed to have obtained permission from the owners of the mobile telephone, handheld devices and computers (“the Devices”) used, but not owned, by you to download or stream a copy of the App onto the Devices or to access the Website. You and they may be charged by service providers for internet access. You accept responsibility for the use of the App, the Website or any Service on or in relation to any Device.
4.2. The terms of our privacy policy from time to time, available athttps://www.customcard.com/privacy(“Privacy Policy”) are incorporated into the Terms. Additionally, by using the App, the Website or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App, the Website or any Service may be read or intercepted by others.
4.3. By using the Website, the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
4.4. Certain Services will make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings on your mobile device.
5. LICENCE
5.1. In consideration of you agreeing to abide by the Terms, we grant you a non-transferable, non-exclusive license (“License”) to use the App and access our Website on Devices, subject to these terms, the Privacy Policy and any rules or policies applied by an App Store provider or browser operator from whose site you download the App or use the Website (“the Rules”). We reserve all other rights.
5.2. You may download or stream a copy of the App onto a Device.
5.3. You are permitted to print and download extracts from the App and Website for your own use on the following basis:
5.3.1. no documents or related graphics on the App or Website are modified in any way;
5.3.2. no graphics on the App or Website are used separately from the corresponding text; and
5.3.3. our copyright and trade mark notices and this permission notice appear in all copies.
5.4. The Website, the App or any Service may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
5.5. If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
5.5.1. you do not remove, distort or otherwise alter the size or appearance of our logo;
5.5.2. you do not create a frame or any other browser or border environment around the Website;
5.5.3. you do not in any way imply that we are endorsing any products or services other than our own;
5.5.4. you do not misrepresent your relationship with us nor present any other false information about us;
5.5.5. you do not otherwise use our trade marks displayed on the Website without first obtaining our express written permission;
5.5.6. you do not link from a website that is not owned by you;
5.5.7. your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.6. We may revoke the right granted in clause 5 for breach of these Terms and to take any action we deem appropriate.
6. LICENSE RESTRICTIONS
6.1. Except as expressly set out in these Terms or as permitted by any local law, you agree:
6.1.1. not to copy the App or the Website except where such copying is incidental to normal use of the App or the Website, or where it is necessary for the purpose of back-up or operational security;
6.1.2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or the Website;
6.1.3. not to make alterations to, or modifications of, the whole or any part of the App or the Website, or permit the App or the Website or any part of it to be combined with, or become incorporated in, any other programs;
6.1.4. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or the Website or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App or the Website with another software program, and provided that the information obtained by you during such activities:
a. is used only for the purpose of achieving inter-operability of the App or the Website with another software program;
b. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
c. is not used to create any software that is substantially similar to the App or the Website;
6.1.5. to keep all copies of the App or the Website secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
6.1.6. to include our copyright notice on all entire and partial copies you make of the App or the Website on any medium;
6.1.7. not to provide or otherwise make available the App or the Website in whole or in part (including object and source code), in any form to any person without prior written consent from us.
7. ACCEPTABLE USE RESTRICTIONS
7.1. You must:
7.1.1. not use the Website, the App or any Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, the Website, the Service or any operating system;
7.1.2. not infringe our intellectual property rights or those of any third party in relation to your use of the App, the Website or any Services;
7.1.3. not transmit any material that is defamatory, offensive or otherwise objectionable or unlawful or that might bring us into disrepute in relation to your use of the App, the Website or any Services;
7.1.4. not use the App, the Website, or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
7.1.5. not collect or harvest any information or data from our Services or our systems or attempt to decipher any transmissions to or from the servers running our Service.
7.2. You are not allowed to remove any copyright, trade mark or other intellectual property notices on what we supply.
7.3. You are not allowed to:
7.3.1. disseminate advertisements or for any other commercial purposes (which would include using the Services to promote or encourage the sale of your goods/services);
7.3.2. transmit or re-circulate any material obtained from the Services to any third party except where expressly permitted;
7.3.3. disseminate any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
7.3.4. disseminate any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
7.3.5. post link(s) that take users to material that contravenes any of the Terms;
7.3.6. send (determined at our sole discretion) excessive numbers of cards to yourself or to other people as part of any promotion, including, but not limited to, sending more than 20 cards to the same address.
7.4. You are not allowed to upload content or order printed items which contain or use any material including text based annotations and comments, which contain any of the following:
7.4.1. material which is defamatory of any person;
7.4.2. material which is pornographic, obscene, indecent or offensive;
7.4.3. material which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
7.4.4. material that is likely to incite hatred or violence against any person or group;
7.4.5. material that is likely to deceive any person;
7.4.6. material which concerns or relates to any criminal act;
7.4.7. material the use or inclusion of which infringes any copyright, trademark, database or other intellectual property right of any third party;
7.4.8. material made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; material which promotes any illegal activity;
7.4.9. material which is threatening, abusive or invades another’s privacy, causes annoyance, inconvenience or needless anxiety;
7.4.10. material which is likely to harass, upset, embarrass, alarm or annoy any other person;
7.4.11. material used to impersonate any person, or to misrepresent your identity or affiliation with any person;
7.4.12. material which gives the impression that it emanates from us, if this is not the case;
7.4.13. material that advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse;
7.4.14. material that breaches any applicable laws or legislation.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. We are the owner or the licensee of all intellectual rights in the Services and all material published on it.All such material is protected by copyright laws and treaties around the world. All such rights are reserved.
8.2.You acknowledge that all intellectual property rights in the App and the Website anywhere in the world belong to us or our licensors, that rights in the App and the Website are licensed (not sold) to you, and that you have no rights in, or to, the App and the Website other than the right to use each of them in accordance with the Terms.
8.3.You may print and download extracts, of any page(s) from the App or the Website for your personal use. You must not modify the paper or digital copies of any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, or any graphics separately from any accompanying text. Our status as the authors of content on the Services must always be acknowledged.
8.4.You must not use any part of the content on the App or the Website for commercial purposes without obtaining a licence to do so from us.
8.5. You acknowledge that you have no right to have access to the App or the Website in source-code form.
8.6. We use open source software in our App and on our Website, details of which may be obtained on request by emailing:team@customcard.com
9. LIMITATION OF LIABILITY
9.1. You acknowledge that the App and the Website have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App and the Website meet your requirements.
9.2. We grant access to the App, Website and the Services for domestic and private use. You agree not to use either for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.3. We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence up to the limit specified in condition 9.4.
9.4. Our maximum aggregate liability under or in connection with the Terms (including your use of the App, the Website or any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the amount paid to us by you for the Services. This does not apply to the types of loss set out in condition 9.6.
9.5. Nothing in the Terms shall limit or exclude our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation and any other liability that cannot be excluded or limited by English law, including your statutory rights as a consumer.
9.6. We will not be liable for faulty products (“Faulty Products”) unless a claim is notified to us in writing within 28 days of receipt of Faulty Products, or in the case of non-delivery, within a reasonable time after the Faulty Products were expected to arrive. The notification must include the order confirmation number and details of the claim. In the case of a valid claim, we may, at our sole discretion, replace the Faulty Products (or the part in question) or refund to you the price paid for the Faulty Products (or an appropriate proportion of the price). We will have no further liability to you in respect of the matters referred to in this clause.
9.7. We will not be liable in any way for any failure or delay in performing any of our obligations by reason of any event or circumstance outside our reasonable control, including (but not limited to), any failure of power supplies, communication networks or equipment, government action or Acts of God.
9.8. Where information (including sensitive financial or personal information) is provided to us (whether directly through the Services or otherwise) you accept that these methods of communication cannot be 100% secure. Where sensitive financial information is provided to us we and our sub-contractor use encryption software to attempt to prevent unauthorised access to this information being obtained. However, we cannot accept any responsibility or liability for any damages arising from the misuse or loss of data or information submitted by you to us.
9.9. You acknowledge that neither we or our international mailing partners provide a guaranteed delivery date mailing service.
9.10. While we endeavour to ensure that the information on the App and the Website is correct, we do not warrant the accuracy and completeness of the material. We may make changes to the material on the App or the Website at any time without notice. The material may be out of date and we make no commitment to update such material.
10. TERMINATION
10.1. We may terminate your Licence by written notice to you at any time if you commit a breach of the Terms.
10.2. On termination for any reason:
10.2.1. all rights granted to you under the Terms shall cease;
10.2.2. you must immediately cease all activities authorised by the Terms, including your use of the App, the Website or any Services;
10.2.3. you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and if required certify to us that you have done so; and
10.2.4. we may remotely access the Devices and remove the App from all of them and cease providing you with access to the Services and the Website.
11. COMMUNICATION BETWEEN US
11.1. To contact us in writing please email us at team@customcard.comor write to us at1st Floor, Winchester Place, Poole, Dorset. BH15 1NX, UK. We will confirm receipt of this by contacting you in writing, normally by email.
11.2. If we have to contact you or give you notice in writing, we will do so by e-mail or by post to the postal address you provide to us.
12. YOUR ACCOUNT
12.1. You can open an account with us by completing the registration form on the App. Once your registration has been accepted you will be able to upload personal text and request services to be supplied.
12.2. You must provide accurate and complete information about yourself (“the Registration Data”) and promptly update the Registration Data to keep it accurate and complete.
12.3. During the registration process you will be asked for your email address. If you register using an invalid email address or an email address that belongs to someone else, we may terminate your account without notice.
12.4. You will receive notices from us by postings on the App or the Website or via email to the email address specified in your contact information section.
12.5. You will need to provide a password to access your account. You must keep your password confidential at all times and not share it with any other person. You will be responsible for any damage or losses caused by unauthorised access resulting from your failure to keep your password secure. If we believe there may be a breach of security we may require you to change your password. You must immediately notify us if you become aware of any unauthorised use of your password or account or any other breach of security by sending an appropriately worded email toteam@customcard.com.
12.6. You must exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
12.7. There is no charge to open an account. You will be notified of any charges for the Services when you request them. When you place an order for Services, for which there is a charge, you will need to supply us with your credit card or debit card and/or other personal details. Any charges for the products or services requested will be billed to your debit card, credit card or PayPal account once the order has been accepted by us.
12.8. If you supply invalid credit or debit card details or details of a credit or debit card that belongs to someone else, we will not fulfil your order and may terminate your account without notice and provide your details to the relevant authorities.
12.9. If, for any reason, we believe that you have not complied with any of the Terms we may, at our sole discretion, cancel your ability to use the Services or have access to the Services immediately and without notice.
13. UPLOADING TEXT
13.1. You may upload text in connection with the Services.
13.2. We may contact law enforcement authorities if we become aware that anything unlawful has happened in relation to the use of the Services including the uploading or emailing of any text in breach of our restrictions on content. We may provide copies of any relevant text or other material to such authorities and give them access to any personal data that is held by us.
13.3. We may without notice and at our sole discretion delete or remove any text that has been uploaded, emailed or submitted for printing in breach of the Terms.
13.4. We may refuse to provide any Services to you if you breach the Terms.
13.5. You agree to indemnify us and our officers and employees against any action, claim, damages, liability, costs and expenses arising out of:
13.5.1. any use by you of the Services in breach of the Terms,
13.5.2. any claim that the uploading or emailing of any text by you or on Your behalf is an infringement of any third party's copyright, trade mark or other intellectual property rights; or
13.5.3. any claim that the processing, printing or other dealing by us with any text uploaded or emailed by You or on Your behalf is an infringement of any third party's copyright, trade mark or other intellectual property rights.
14. RIGHTS
14.1. You retain all intellectual property rights, including copyright, in the text that You have uploaded whilst using the Services where You already own such rights.
14.2. We may display, modify, print, transmit or distribute any of the text that You upload or email to us, in order to provide any of the Services.
14.3. You warrant that you have the right to copy, upload or otherwise deal with the text in relation to the Services and to allow us to process and otherwise deal with the text in accordance with the Terms.
14.4. You may not upload, request us to print, or otherwise deal with, in relation to the Services, any text or other material where you do not have the right to do so or allow us to use such text or other material if such use would infringe any existing third party intellectual property or contractual rights. For example, you may not take text from the internet or a publication and do anything with them unless you have the permission from the owner of the relevant right.
15. OPERATION OF THE SERVICES
15.1. We may change the format and content of the Services (or any of them) at any time.
15.2. We may terminate or suspend the operation of the Services (or any of them) (or terminate or suspend provision of any products or services offered through the Services) at any time and without notice.
15.3. You must keep backups of all material provided to us. We will not be responsible for keeping backups or for the loss of, deletion or corruption of any images or any other material used in the Services.
15.4. Information in the Services may contain technical inaccuracies or typographical errors. We attempt to make its descriptions as accurate as possible, but we do not warrant that the content in the Services is accurate, complete, reliable, current, or error-free.
16. ORDERS
16.1. If you place an order for any Products, the order will not be treated as having been accepted until you receive written confirmation from us that this is the case. This confirmation may be provided by email or post (“Order Confirmation”). We will send you a further communication when your order is dispatched. All orders received are subject to acceptance by TT, and we and our employees reserve the right, at our absolute discretion, to reject any order without giving reasons. In the event of an order being rejected we will refund any payment received in full, via the payment method used to place the order.
16.2. If your order is accepted and prior to delivery we discover you are in breach of the Terms, we may refuse to fulfil or deliver the Products. We may, at our sole discretion, refund all or a proportion of the payment made in respect of the order concerned but reserve the right to charge in full as if the Products had been delivered.
16.3. It is up to you to ensure that content you have contributed for inclusion in a customised product is correct, and (for example) is correctly spelt. We cannot edit or cancel an order for a customised product once it has been placed so please double-check your order on screen before confirming your purchase. Please refer to Section 19 for further information on Changing or Cancelling an Order.
16.4. We endeavour to display and describe as accurately as possible the printed colours of the Products but cannot undertake to give any assurance that the colours of the Products supplied will match those displayed on your Device.
16.5. Products will be dispatched within 10 working days from the date you receive the Order Confirmation.
16.6. If we think that we cannot dispatch the Products to you within the period set out in condition 16.5 above, we will inform you before the due date of dispatch and will indicate when the Products are likely to be dispatched. You will be given the option at this point to cancel the order and if you cancel the order, we will refund the total price you have paid, including any delivery charges within 30 days.
16.7. We will not be responsible for non delivery if you have provided an incorrect delivery address.
16.8. We may deliver the Products by separate instalments.
16.9. Free Promotional Cards - unfortunately we cannot replace free promotional cards free of charge if lost or damaged in the post. Free promotional cards do not have any cash alternative.
17. PRICES, PAYMENT AND PAYMENT ON ACCOUNT
17.1. All prices are exclusive of postage charges unless otherwise stated.
17.2. We accept payment by Apple Pay, PayPal, credit and debit cards. Cards payments are processed by our payment partner Stripe.
17.3. If you pay to use the Services, any price stated (if at all) will include VAT at 20% if applicable and unless otherwise stated. You shall be responsible for any other taxes applicable in the territory to which the Products are sent.
17.4. Payment in full must be made by credit card, debit card or PayPal at the time of placing an order.
17.5. We may from time to time offer a scheme whereby you may make a payment on account as advance payment for goods and services in return for receiving additional free credit to be used against purchases of TT Products.
17.6. At the point of checkout our system will check your credit balance. Any applicable goods will be paid for by drawing down against your credit balance.
17.7. Any payment made on account shall be deemed as a payment for goods and services to be ordered from us. Cash balances will not be returned except in cases where you have received defective goods or service and requested a refund of the unused prepay cash balance held on the account.
17.8. When a period of 24 months has passed with no orders placed we will assume that your account is no longer active and the credit balance will expire.
17.9. If you change your mind after making a payment on account you may request a refund by calling customer services within 14 days of the transaction. In such cases the amount refunded will be the sum of the original payment less the value of any goods and services bought on account. Refunds can only be made to the credit card, debit card or PayPal account used to make the original purchase.
17.10. We reserve the right to increase the prices of our cards and postage at any time after You have purchased Prepay credit but not more than once annually. Therefore the price of individual cards and postage may be increased after you have purchased Prepay credit.
18. DELIVERY
18.1. We deliver orders via a first class postal service using Royal Mail. delivery partner. Please note that our delivery partner does not offer a guaranteed next-day delivery service or proof of delivery. Therefore, TT cannot guarantee the exact delivery date of your card or obtain proof of delivery. TT provides you with an estimated delivery date and a notification when your card is posted.
18.2.We reserve the right, at our absolute discretion, to use a different delivery service without prior notification.
18.3. In the event of non-delivery (an order or item not having arrived within 3 working days (UK), 5 working days (USA, Europe & Australia) and 7 working days (Rest of the world) please contact us at team@customcard.com and we will offer to reprint and resend your Products or alternatively we will add credit to your account to the value of the missing Product(s).
18.4. It is the User’s responsibility to contact us within 5 working days (UK), 7 working days (USA, Europe & Australia) and 10 working days (Rest of the world) of the estimated delivery date in order to claim a reprint or credit.Failure to do so will result in the lapse of any rights to a reprint or credit.
18.5.TT is unable to provide reprints or refunds for any deliveries sent to the wrong address as a result of an address being entered incorrectly at checkout.
19. ORDER CHANGES, CANCELLATION, RETURNS & REFUNDS
19.1. You may change your order by contacting us at team@customcard.comfrom the email your account is registered under and quoting the order confirmation number. We try to do our best to make last minute changes for you, but we cannot guarantee that such changes can be made once your card has entered our workflow.
19.2. You may cancel your order before it has been printed by contacting us at team@customcard.com. Orders which have been printed, or which have already been posted cannot be cancelled.
19.3.We maintain very high quality control measures when printing, packing and dispatching orders. Our folded cards are carefully packaged to ensure they arrive in the same perfect condition as when they leave us. However, on a small number of occasions (and for reasons beyond our control) Products may be damaged in transit. If you receive damaged Product(s), or the printing is faulty, please contact us quoting your order number, so that we can arrange a free replacement at our next available dispatch date. Please note that you will need to email us photos of the damaged Product(s) within 72 hours of receipt of the Product(s) in order to be eligible for a replacement. We reserve the right to ask you to return the Product(s) to us.
19.4. We do not offer any replacements or refunds if the Product(s) are in a good condition but the content is wrong due to a mistake made when ordering.
19.5. If your purchase is found to be faulty, we may at our sole discretion, offer a refund if a replacement card is not possible. If you do receive a refund, we will refund you the total amount you paid for the card(s) plus any additional delivery charges you may have paid, within 14 days of the day on which you provide us with evidence that the card(s) are faulty. Please note, it is not our policy to offer a refund and a reprinted card
19.6. Due to the personalised nature of our cards, we do not accept returns unless cards are damaged in transit.
19.7. We shall not be held liable for design for design errors, such as misspelt text, on the part of the User.
20. ACCOUNT CANCELLATION
20.1. You may cancel your account by contacting us. You may be asked to provide proof that you are the holder of the account. Your account will be cancelled as soon as reasonably practicable following receipt of your email or letter.
20.2. We may cancel your account without notice at our sole discretion.
20.3. Once an order for a Product has been placed by you, we have confirmed the order and the order has been produced, because it will have been produced to your specification, you may not cancel the order. This does not affect your statutory rights as a consumer.
21. COMPUTER VIRUSES
21.1. We will use reasonable endeavours to ensure that the Services do not contain or promulgate any viruses or other malicious code. However, it is recommended that you should virus check all materials used in connection with the Services and regularly check for the presence of viruses and other malicious code. We exclude to the fullest extent permitted by applicable laws all liability in connection with any damage or loss caused by computer viruses or other malicious code originating or contracted from the Services.
22. THIRD PARTY RIGHTS
22.1. No person who is not a party to the Terms shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in the Terms is intended nor shall affect any of your statutory rights that may not be legally excluded.
23. REFERRALS
23.1. From time to time we may offer a referral scheme. A User may refer an unlimited number of friends and family to our Services. However, the free credit reward offered applies to the 1st 5 completed referrals only and can be redeemed once per User. Relevant credit is applied once a referee signs up for an account with us in accordance with our rules and procedures.
23.2. Free credit may only be used for full price cards and may not be used in conjunction with other promotions or offers.
23.3. The free credit reward applies to the single account of a User located at a single postal address. We may ask Users to verify their identity via email.
23.4. Users may not refer themselves, for example, by using an additional e-mail account.
23.5. The amount of free credit, which varies from time to time, will be displayed in app and communicated via email.
23.6. We reserve the right to withdraw or vary the terms of the Referral Program and Free Credit Offer and to delete any free credit added to a User's account / delete a User’s Customcard account(s) altogether if we judge, at our absolute discretion the spirit of our referral program is, or has been, abused by a User.
23.7. We reserve the right to withdraw or alter the terms of our referral program at any time at our absolute discretion.
23.8. Referral credit will be added to a User’s account within 2 working days of a referral being made subject to approval.
23.9. Referral credit is only applied once both the referrer and the referee have both spent a minimum of £2.99 via the Services by credit, debit card, PayPal or Apple Pay
24. GENERAL
24.1. We may transfer our rights and obligations to another organisation, but this will not affect your rights or our obligations.
24.2. You may only transfer your rights or obligations to another person if we agree in writing.
24.3. If we fail to insist that you perform any of your obligations, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
24.4. Each provision of the Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
24.5. We reserve the right to close accounts without notice at our sole discretion.
24.6. We respect the intellectual property (IP) rights of others and expects users of the services to do the same. We will respond to notices sent to our registered office in respect of alleged copyright infringement in connection with the Services. We reserve the right to remove content alleged to be infringing IP rights of others without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances we may also terminate a User's account if at our absolute discretion we judge the User to be abusing our copyright policy.
24.7. We reserve the right to update these terms at any time.
25. APPLICABLE LAW
These Terms are governed by English law and are subject to the exclusive jurisdiction of the courts of England and Wales.
Last revised: 2420/1106/17 (HTS)6