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Benevolus.com Limited Terms & Conditions
1 Definitions in these Terms and Conditions
1.1 ‘our site’ and `the site' means our presence on the Internet;
1.2 ‘our’, ‘we’ and ‘us’ means Benevolus.com Limited and, where applicable, its officers, employees and authorised agents;
1.3 ‘you’ and ‘your’ include any business with which you are associated and on behalf of which you use our site (‘your business’); and
1.4 ‘price’ means the price you pay to us for the eCard(s).
We must receive payment of the whole price of the eCard(s) before they are transmitted to your intended recipient. Once payment has been received by us we will confirm that your eCard(s) have been sent and also confirm the amount that we will pay to your chosen charitable cause. The confirmation will be sent to you at the email address you provide in your registration form. Our confirmation brings into existence a legally binding contract between us.
2 Our promises
2.1 We will permit you to access, use and interact with our site subject to these Terms and Conditions.
2.2 We will:
2.2.1 exercise reasonable care in compiling our site;
2.2.2 use reasonable efforts to make our site available to you at all times;
2.2.3 take the steps set out in our privacy policy to endeavour to secure any personal data and credit card information you give us;
2.2.4 upon receipt of the price, transmit your eCard(s) to the email addresses specified in your order and pay to the charitable cause specified by you in your order 60% of the price of the eCards which you purchase.
2.3 We reserve the right to discontinue or suspend the provision of any service on our site at any time with or without notice.
2.4 Whilst we will exercise reasonable care in selecting the charitable causes which appear on our site, you must exercise your own judgement as to the bona fides of any unregistered charitable cause before you make a donation.
3 Your responsibilities
3.1 You are solely responsible for the content of any message placed on an eCard and will be solely liable for any defamatory, discriminatory, obscene or offensive statement or any false, misleading, inaccurate, infringing or other actionable material contained or referred to in any message.
3.2 You are solely responsible for the accuracy of your order and will be solely liable for false, misleading or inaccurate information contained or referred to in it.
3.3 You are solely responsible for maintaining the confidentiality of your unique username and password, and for its use. As traffic on our site is monitored, evidence of use of logon information can be produced to support or defend any dispute or actionable cause or matter, which arises in relation to the same.
3.4 You undertake not to send eCards to people who do not wish to receive emails from you.
4 Credit card security and registration
We have implemented technology and policies to safeguard your privacy from unauthorised access and improper use we use secure server software (SSL) to encrypt any financial information you need to input before it is sent to us to prevent any person from gaining access to your credit card or registration information whilst it is on our site or being transmitted across the Internet.
We also keep your information confidential. Our internal procedures cover the storage, access and disclosure of your information.
If you discover that orders have been made via our site using your credit card details in circumstances where you had not agreed to or authorised this, then (provided you have not, through failure to take reasonable care, allowed an unauthorised person to gain access to your credit card details or logon information) we will refund to you the money we receive provided that: (a) you inform your credit card company and us of the unauthorised donation as soon as you discover it; and (b) you co-operate with your credit card company and us and, if necessary, the police in relation to the unauthorised use.
5 Trademarks
We are the proprietor of the "Benevolus.com" and "Benevolus.com – the art of giving" names and any other names that we may create and publish on the site in the future. You must not use these names in connection with any product or service which does not belong to us and you must not use them in a manner which may bring us or the names into disrepute or cause confusion in the market place. All other trademarks, product names and charity names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, charitable causes, logos or titles and such use may constitute an infringement of the holder’s rights.
6 Complaints
Each eCard carries a mandatory footnote asking the recipient to comment on the visual appearance of the eCard and the message contained in it. We do this for reasons of quality control and also to allow recipients to alert us to inappropriate use of our services.
6.1 Any complaint received concerning the content of an eCard will, in the first instance, be referred to one of our directors.
6.2 Complaints will be dealt with expeditiously and we will, where we think it appropriate, call upon you to provide information to enable us to deal with the complaint.
6.3 Sanctions available to us will include the following:
6.3.1 we may at our sole discretion immediately and without notice suspend or terminate your use of our site;
6.3.2 we may refer the matter to the appropriate law enforcement agency, where the dispute is of a criminal or illegal nature;
6.3.3 referring the matter to a court of competent jurisdiction if the dispute necessitates the same (e.g. where defamation is alleged).
7 Indemnity
You agree to indemnify and keep us indemnified from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from your use of the site and from any eCard posted via the site or from any other matter relating to your use of the site including but not limited to use of the information contained on the site or arising from any charitable donation made using our site.
8 Exclusion of Warranties and Liability
8.1 You accept the site "AS IS" with any faults or failings and without any representation, warranty or guarantee whatsoever, express or implied, including without limitation any implied warranty of accuracy, completeness or non-infringement.
8.2 In no event will we be liable for any injury, loss, claim, damages or any special, incidental, consequential, exemplary or punitive damages of any kind arising out of or in connection with your access to, or use or non-use of our site, any information contained on it or any services available from it whether based in contract, tort and whether negligent or otherwise, even if we have been advised of the possibility of such damages. In the event that this exclusion of liability is held by a court of competent jurisdiction to be unlawful, but that liability may be lawfully limited, our aggregate total liability to you for all such damages and losses shall be limited to the price paid by you for the eCard(s) relevant to the claim.
8.3 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
9 Events beyond our control
We shall not be liable to you for any breach of these Terms and Conditions or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.
10 Links to other sites
Certain links, including hypertext links, will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.
11 Term and Termination
You agree to remain bound by these Terms and Conditions (as amended from time to time) for as long as you wish to use our site unless we have earlier terminated your use of the site in accordance with paragraph 6.3.1.
12 Unenforceability
The enforceability or otherwise of any provisions of these Terms and Conditions shall not affect the enforceability of the rest of these Terms and Conditions.
13 Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
14 Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
15 Applicable law and jurisdiction
These Terms and Conditions (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to them or their formation) shall be governed by and interpreted in accordance with English law and, for these purposes, the parties irrevocably submit to the exclusive jurisdiction of English courts.