TERMS AND CONDITIONS OF WEBSITE ACCESS, USE AND PURCHASE AND SALE OF PRODUCTS
Modified: April 5th, 2016
These Terms and Conditions of Use and Sale and Privacy Statement are effective as of April 5th, 2016 ("Effective Date").
THIS AGREEMENT NEEDS TO BE READ CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS, DUITIES AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. This document contains a dispute resolution clause. BY ACCEPTING THIS AGREEMENT YOU AGREE TO BE SUBJECT TO AND BOUND BY EACH AND ALL OF ITS TERMS, PROVISIONS, DUTIES AND OBLIGATIONS.
These Terms and Conditions of Use and Sale (“Terms and Conditions”) apply to all Users (“Users”) of www.greetfully.com (The “Website”) and govern all purchases of products and/or services offered on the web site. By accepting this agreement you will have agreed to be bound to the terms and conditions of this Agreement. This Agreement shall apply unless you have a separate written agreement with the Company, in which case the separate agreement shall supersede this Agreement to the extent of any conflict in terms and provisions.
Except as specifically set forth to the contrary elsewhere in this agreement, this Agreement may not be altered, supplemented, or amended by Company, any user or member or any other person unless otherwise mutually agreed by Company and the affected persons in a duly executed and mutually signed written agreement.
The Company reserves the right to make the changes, modifications and alterations to:
(i) The Website
(ii) This agreement
(iii) Company’s policies and procedures
(v) any other agreements set forth by Greetfully.
Any and all of which may be made at any time or from time to time. Unless otherwise specified by the Company, changes or modifications to this agreement and/or the Company’s policies and procedures, and/or the Terms and Conditions of Use and Sale shall become effective immediately upon their posting to the Website, and all continuing subscription and all purchases and services shall be subject to each such change or modification immediately upon the date of posting (or such other date as shall be specified in the Website posting announcing each such change or modification). The latest version of these Terms and Conditions of Use and Sale are always available at www.greetfully.com/terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
All trademarks, service marks and trade names used in the site are registered trademarks under the United States and other copyright laws. Permission is only given to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.greetfully.com. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with www.greetfully.com. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
You agree to indemnify, defend and hold harmless Greetfully and any or all parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Payment terms are within the Company’s sole discretion, and, unless otherwise agreed to by the Company, payment must be made at the time of purchase. Your order is subject to cancellation by the Company, at the Company's sole discretion. The Company is not responsible for pricing, typographical, or other errors, in any offer by the Company and reserves the right to cancel any orders resulting from such errors. Prices are subject to change at any time.
Payment Proof for the delivery of each greeting card is required at the time the user first establishes an occasion and completes the associated purchase. Prior to each occasion an email will be sent to the user indicating which greeting card has automatically been selected for shipment. Unless agreed to by customer, the user will have an opportunity to make changes to the card based on available stock. The company is not responsible for unreceived emails due to issues beyond the companies control such as spam filters or junk mail sorting. Unless agreed to by customer, Greeting cards will be shipped prior to the date of the occasion selected. If no action is taken by the user, the greeting card automatically selected will be sent. The company reserves the right to make card substitutions at any time at its sole discretion. Upon each anniversary of your initial purchase (“renewal date”), the credit card on file for your account will be charged for all occasions scheduled for the following year at then current prices. Additional occasions can be added at any time. Upon the renewal date after the first delivery, any newly added occasions will be included as part of the total renewal cost. An occasion can be removed/cancelled at any time up until ship date.
If paying by PayPal, the full order price will be collected at time of order checkout. Greeting Cards and products will be considered to be prepaid. If an Occasion is cancelled then any refund will applied to customer's Greetfully account as a Credit or Gift Certificate. No Cash or PayPal refunds will be given.
Customers may cancel their subscription at any time. Canceling your subscription will cease all future charges to the credit card placed on file with Company at the time of original purchase and a refund will be provided for all occasions more than 30 days after the cancellation is received. To cancel a subscription, please login to your account using the username and password you created and select the “cancel” renewal option.
Greetfully offers full refunds for damaged cards or cards delivered after the date on file for an occasion. For a return to be processed, an email indicating the reason for the return must be sent to firstname.lastname@example.org within 3 days of the occasion. Upon receipt of the email, the Company will email you a return address and processing number. You must then ship the card via a trackable shipping service in secure packaging that maintains the condition of the card. Upon receipt of the return, the Company will refund you for the cost of that occasion only. Refunds will be issued as credits for the payment method used for the registration of that occasion.
Any shipping dates listed are estimates only. All shipments are sent First-Class mail via the US Postal Service. Greetfully will work to resolve issues related to deliveries which are not delivered. Greetfully cannot guarantee that a replacement card will be available prior to the occasion and is not liable for any damages beyond a replacement or refund for the undelivered product. Greetfully only ships to US Postal Addresses.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Website only with involvement of a parent or guardian.
The Company does not accept liability beyond the remedies set forth in this agreement, including but not limited to any liability for product not being available for use, lost profits, or loss of business. Except as expressly provided herein, the company will not be liable for any consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party. You agree that for any liability related to the purchase of product, the Company is not liable or responsible for any amount of damages above the amount invoiced for the applicable product. Notwithstanding anything in this agreement to the contrary, the remedies set forth in this Agreement shall apply even if such remedies fail their essential purpose.
The products purchased from the Company by and through the Company’s Website shall, in all events, be sold without any warranties of any kind, including, without limitation, any warranties of merchantability or warranties for fitness for a particular purpose.
WARNING: Some cards may use materials, used as colored decorations, on the exterior of their product which may contain lead and/or cadmium, chemicals known to the State of California to cause birth defects or other reproductive harm. Lead and cadmium levels in these products comply with FDA standards. Proposition 65: In November 1986, Californians approved an initiative (Proposition 65) to address exposure to toxic materials. More than 750 chemicals, some of which are naturally occurring and some synthetic, have been included in Proposition 65. Under this law, businesses are required to provide a clear and reasonable warning before knowingly or intentionally exposing anyone to a listed chemical. All companies that sell products in the State of California are required to comply with Proposition 65 labeling. Proposition 65 is NOT a mandate of the United States Government or any of its departments. Greetfully does not have any control over the production process of any cards and cannot control the final destination of our products, certain products may voluntarily contain warning labels that fall under Proposition 65 in the event they are purchased in California.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
This agreement and any sales there under shall be governed by the laws of the state of Delaware, without regard to conflicts of laws rules.
When you purchase something from Greetfully, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. With your permission, we may send you emails about our store, new products and other updates.
When you provide us with personal information to initiate or complete a transaction, verify your credit card, initiate or place an order, arrange for a delivery or return a purchase, it is implied that you consent to our collecting it and using it for that specific reason and other reasons related to that reason only. Other related reasons may include following up on an incomplete order, etc. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
You may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at email@example.com.
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
Your data is stored through cloud-based data storage, databases and the general application. All data is stored on a secure server behind a firewall.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
We use Google Analytics Advertising Features to better understand who our users are and how to better serve them. We may use the Demographics and Interest sections reports provided by Google Analytics along with some of our own identifiers, and Google advertising cookies so we can provide our customers with better products and superior customer service. The collected data is mainly combined into aggregated statistics to understand how long users stay on our website, how they found us and some other information they have opted Google to collect. Our visitors can opt-out of the Google Analytics Advertising Features by opting out of Google’s advertising tracking cookie (http://www.google.com/privacy_ads.html) or use a browser plugin to opt out of all Google Analytics tracking software.
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at firstname.lastname@example.org.