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Terms & Conditions

Terms & Conditions

Contents:

 

1. Introduction and Operation of Terms
1.1 Please read these terms carefully before using Wishawish.com. (the “web site”) Your access and use of the Wishawish.com web site and services mean that you agree to be bound by the following terms and conditions.
1.2 Wishawish may change these terms and conditions of use at any time and without notice. These terms and conditions do not affect your statutory rights.
1.3 Wishawish is owned and run by Yael Biran trading from 35 Brockley way London SE4 2LW, UK.
1.4 These terms and any contract between us will be governed exclusively by English law and shall be subject to the exclusive jurisdiction of the English courts.
1.5 The web site provides access to a number of services that may be used in accordance with these terms. The services include:
 
  • the ability for an account holder to place an order for and purchase an Ecard to be customised with your logo and text;
  • the ability for an account holder to upload logos to the web site;
  • the ability for an account holder to access additional services such as, but not limited to, send to a friend functions, donation notices and premium delivery service;
  • the ability for an account holder to view a click-track report to ascertain how many times your Ecard has been viewed and how many times the link to your website, embedded in the Ecard, has been clicked.
   
2. Your account
2.1 You may open an account with us by completing the Registration Form. Once your registration has been accepted (and until your account is terminated) you will be allowed (subject to the restrictions contained in these terms) to purchase customised Ecards for the set licence period indicated on the Ecard and upload your logo to the web site (subject to agreeing to any additional terms applying to them).
2.2 You will have to give your email address in order to open an account. Your email address will help us to verify your identity on future visits. In the event that you register using a non-existent email address or an email address that belongs to someone else, we may terminate your account without notice. You will need to provide a password by which you will be able to access the material that you have uploaded to the site.
2.3 There is no charge for opening a Wishawish account.
2.4 There may be charges for other services supplied by us. These will be notified to you at the time you request the services. When you purchase an Ecard, with or without additional services, you will need to provide your credit card number. We do NOT collect your credit card information. All transactions are securely processed through WorldPay - trusted and secure internet payment solutions. For more information about WorldPay, please go to www.worldpay.com
2.5 Any charges for the services requested will be billed to your credit card once the order has been accepted.
2.6 In the event that you give details of a non-existent credit card number or the number of a credit card that belongs to someone else, we reserve the right to terminate your account without notice.
2.7 You may terminate your account by contacting us via email or post. You may be asked to provide further proof that you are the holder of the account. Your account will be terminated as soon as reasonably practicable following receipt of your email or letter.
2.8 We may terminate your account without notice at our sole discretion.
2.9 Once your account is terminated, all of your Ecards will be removed from the web site and your password will no longer enable access to the Client Login area of the site.
   
3. Products and services
3.1 Once you have purchased an Ecard via the web site, with or without additional services, the order will not be treated as having been accepted until you receive confirmation from us that this is the case. This confirmation may be by email or post. No order shall be valid unless submitted via the ordering process on the web site.
3.2 The decision as to whether to accept an order from you is at our discretion and we are not bound to do so.
3.3 We are not able to produce your customised Ecard until you have uploaded the logo, or we have received it from you via email to upload on your behalf. Once the logo has been uploaded, your Ecard will be ready within 10 working days, unless you selected Premium Delivery in which case your Ecard is guaranteed to be ready within 3 working days.
3.4 Offer codes providing a discount may be published from time to time as part of a promotion. Offer codes can only be used for online orders placed through the web site. A maximum of one offer code can be specified per order. Further conditions may apply and if so will be published with the relevant offer code.
3.5 We will use our reasonable endeavours to reply promptly to all correspondence. Such reply may be by email or by post.
3.6 Customised Ecards
If you purchase a customised Ecard from us, you are required to upload your logo to the website during the purchasing stage or via your client login area. Logos uploaded to the web site must be in an acceptable digital format. We will then grant you a non-exclusive non-transferable right to view your customised Ecard for a period of 6 to 12 months (depending on the Ecard) and provide you with a link to the page containing your Ecard according to these terms and conditions.

We will also provide you with details on how many times your Ecard has been viewed and how many times the link to your website, embedded in your Ecard, has been clicked.
3.7 Cloaking the URL
You may, If you wish to, present or appear to present the Ecard on your own URL by way of but not limited to cloaking the Ecard’s address, using iFrame or calling the content from the Wishawish server. We are not responsible for the code you use to display the Ecard on your URL and we can not guarantee accurate tracking reports if the Ecard is pulled away from the Wishawish server to another URL. You may NOT make a copy of the Ecard SWF file and host it on your own URL or server, you may NOT de-compile the file or change it in any way. We are also not responsible for your server uptime and as a result, your card not being viewable from the page on your website.
   
4. What you may and may not do
4.1 You MAY access any part of the web site that is not password protected. Access to some parts of the site is only available if you have a valid password. You may not access these areas without your own valid password.
4.2 You MAY in accordance with clause 3.7, design your own web pages on which the Ecard is viewable, to include adverts, promotions or branding information by way of technical means including for example, but not limited to, cloaking, use of iframe and calling the Ecard. Such designs are NOT to include any pornographic, defamatory, or libellous content or third party adverts or links. Without prejudice to our right to remove or cancel an Ecard or your account, where you receive any income related to third party adverts or links you agree to account to us for all such income received by you.
4.3 You MAY use a single static image of the Ecard as an attachment or link in the recipient’s email or as a link to the Ecard on your website.
4.4 You MAY NOT use an image of the Ecard as a printed greeting, or in any hard copy or non-electronic communications.
4.5 You MAY NOT alter add insert or in any other way distort the Ecard or remove the Wishawish name from any credits notice included on or with the Ecard or suggest in any way that the Ecard was designed by or originated from any other source than Wishawish or the artist that designed the Ecard.
4.6 You MAY NOT re-sell or sublicense the Ecard.
4.7 You MAY NOT use the Ecard in any way that is not expressly permitted in this agreement.
4.8 You MAY NOT copy (whether by printing off onto paper, storing on disk or in any other way), distribute (including but not limited to distributing copies), alter or tamper with in any way or otherwise use any material contained in the web site except as set out in these terms as what you MAY do.
4.9 You MAY NOT use the web site (to copy or use any material from the web site) for any commercial purpose other than to conduct a commercial transaction with us. This includes allowing access to your Ecard in return for payment or for any other commercial purpose. Without prejudice to our right to remove or cancel an Ecard or your account, where you receive any income from third parties in return to allowing access to your Ecard, you agree to account to us for all such income received by you.
4.10 You MAY NOT remove any copyright, trade mark or any other intellectual property notices contained in the original material from any material copied or printed off from the web site.
4.11 You MAY NOT register multiple accounts for use by the same person unless specifically authorised by us in writing. Violation of this clause may result in suspension of your service.
4.12 You MUST keep your password secure at all times. You will be responsible for any damage caused by unauthorised access resulting from your failure to keep your password secure.
4.13 You MAY NOT include any personal information in any of the customisations to Ecards ordered by you via the web site unless you have permission to do so. If we believe that you have included personal information in any of the customisations to Ecards ordered by you via the website we may refuse to provide the Ecard or amend the Ecard to remove the personal information.
4.14 WE MAY without notice and at our sole discretion delete or remove any Ecard if you are in breach of any of these terms. Furthermore, we may refuse to provide any further services to anyone who breaches these terms.
   
5. Client Material and Indemnities
5.1 You grant us a licence to use any logo submitted to us by you, any text forming part of the customisation of any Ecard and any design utilised in any web page displaying the Ecard (the “Client Materials”) for the purposes of using such Client Materials to provide you with the services offered via the web site.
5.2 You grant us a perpetual, royalty free licence to use any and all Client Materials used in conjunction with or as part of Ecards ordered by you, for the purpose of promoting Wishawish, the web site and the services provided through the web site
5.3 You will indemnify us and our employees against any action, claim, damages, liability, costs and expenses arising out of:
5.3.1 any use by you or viewers of your Ecards in breach of these terms; or
5.3.2 any claim that the use of any Client Materials by you or on your behalf is an infringement of any third party's copyright, trade mark or other intellectual property rights or is defamatory or otherwise illegal;
including but not limited to the costs of professional advisors and any sum reasonably paid as settlement of any claim against us.
   
6. Intellectual Property
6.1 The contents of this website, such as text, graphics, images and other material are protected by copyright, trademarks, and other proprietary (including but not limited to intellectual property) rights. Using an Ecard in a way not covered or in a way specifically prohibited by this agreement, without prior written consent from us is a violation of copyright law. All rights are reserved.
6.2 We and the artists who design the Ecards retain all intellectual property rights, including but not limited to copyright, to the Ecards on our website including all amendments to the designs created specifically in response to any order placed by you.
6.3 You retain ownership of all intellectual property rights in all Client Materials, including but not limited to copyright and trade mark rights to your logo.
6.4 It is a condition of allowing you to use the web site and any services offered through it, and you warrant, that you have the right to use all Client Materials that you upload, email to us or request us to add to an Ecard including sufficient trademark rights and copyright.
   
7. Operation of this website
7.1 We may change the format and content of the web site (or any products or services offered by this web site) at any time and without notice.
7.2 We may terminate or suspend the operation of this web site (or terminate or suspend provision of any products or services offered via this web site) for support or maintenance work, in order to update the content or for any other reason. We may do this at any time and without notice.
7.3 You are advised to keep back ups of all material provided to us. It is up to you to keep backup copies of all Client Materials uploaded by you or emailed to us. We will not be responsible for keeping backups or for loss of, deletion or corruption of any Client Materials.
   
8. Questions and complaints
8.1 Complaints or claims must be notified to us within five working days of receipt of the customised Ecard, or in the case of non-delivery, in a reasonable time after the Ecard was expected to be completed, or the emails were expected to be dispatched.
8.2 You acknowledge and accept that the Ecards are customised goods and the right of cancellation contained in the Consumer Protection (Distance Selling) Regulations 2000 does not apply.
8.3 If you have a question or complaint, please contact us.
   
9. Security
  We DO NOT process your credit card information through wishawish.com. All transactions are securely processed through WorldPay - trusted and secure internet payment solutions. For more information about WorldPay, please go to www.worldpay.com

The technology that we use and the policies that we have implemented are intended to safeguard your privacy from unauthorised access and improper use. We will continue to update these measures as new technology becomes available.

If you have any questions/comments about our security policies, you should e-mail us at info@wishawish.com

 

   
10. General
10.1 Notices
Except where otherwise stated, any notice required or permitted under these terms and conditions must be in writing by e-mail and will be deemed to have been properly given upon sending.
10.2 Force Majeure
We will not be liable for failure to meet our obligations under these terms if we or our associates or contractors are prevented from or delayed in meeting their obligations due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war, acts of terrorism, fire, explosion, flood, strikes or other labour disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies.
10.3 Rights of Third Parties
No provision of these terms and conditions will be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not party to it.
10.4 Assignability
We may assign our rights or obligations under these terms and conditions at anytime. In particular, we shall be permitted to assign the rights or obligations to any company set up, owned or controlled by Wishawish or any of the partners in Wishawish. You may not assign your rights or obligations under these terms and conditions without our prior written consent.
   
11. Disclaimer
11.1 The material on our web site may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, or timeliness of the material or about the results to be obtained from using the website and the material.
11.2 Ecards that are featured on our web site may appear on any other web sites. Changes are periodically made to the website and may be made at any time. We do not warrant that any Ecards that have previously appeared on the site will be available at any point in the future.
11.3 We do not warrant that the website will operate error-free or uninterrupted. The website and material are provided on an "as is" basis without any warranties of any kind. We accept no liability whatsoever for any damage or loss resulting from the use of our website, however incurred except for personal injury or death caused by our negligence. The use of the website is at your own risk.
11.4 In the event of
11.4.1 a malfunction which leads to the customisation or dispatch of your Ecard not being completed as anticipated; or
11.4.2 cancellation or removal of an Ecard or your account,
  our liability will be restricted to a sum not exceeding the total amount of the invoice for that purchase.
11.5 In the case of any logos emailed to us to upload on your behalf, such files will be deemed received when you receive a confirmation email from us.

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