Terms and Conditions

Terms & Conditions

In General eCardClub (eCardClub.com”) owns and operate this Website. This document governs your relationship with and eCardClub.com (“Website(s)”). Access to and use of this Website and the products and online ads available through this Website (collectively, the “online ads”) are subject to the following terms, conditions and notices (the “Terms & Conditions”). By using the website and/or purchasing online ad(s), you are agreeing to all of the Terms & conditions as set forth herein. Note that updates to these Terms & conditions may be updated by us from time to time and without notice. You should check this page regularly to take notice of any changes we may have made to the Terms & conditions.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the online ads without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, it may be necessary to restrict access to some parts or all of this Website.
This Website may contain links to other websites (the “Linked Sites”), which are not operated by eCardClub.com. ECardClub has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and online ad(s) contained within each such site.

ECardClub is an advertising agency providing paid advertising to businesses who are referred to our network. ECardClub does not guarantee that we will be able to match your online ad(s) needs with a online ad(s) professional or that there are online ads or professionals in your area that are either capable or willing to complete your online ad(s) needs. Although we take certain steps to examine the credentials of our listed online ads and professionals, eCardClub makes no guarantees or representations, expressed or implied, regarding the skills or representations of such online ad(s) professionals or the quality of the job that he or she may perform for you if you elect to retain their online ads.

ECardClub does not endorse or recommend the online ads of any particular online ad(s) or professional. It is entirely up to you to enter into a direct contact or otherwise reach agreement with a online ad(s) or professional, and we do not guarantee or warrant their performance on the outcome or quality of the online ads performed. The online ads and professionals are not employees or agents of eCardClub, nor is eCardClub an agent of the online ad(s) professionals are governed by the terms any online ads or professional, you must address such disputes with the online ads or professionals directly. ECardClub shall not be held liable for any dispute between you and any company in our network.

By using our eCardClub website, YOU HEREBY AGREE TO RELEASE eCardClub(AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM OR ENTITY (INCLUDING OUR BUSINESS PARTNERS SUCH AS A PRODUCT MANUFACTURER OR SUPPLIER WHO MAY EMPLOY THE eCardClub MATCHING UTILITY) FROM ANY AND ALL DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH online ads OR PROFESSIONALS ASSOCIATED.

ECardClub believes that it uses commercially reasonable methods to check these matters in its prescreening process, but does not make any representations or warranties that members are appropriately licensed, free of bankruptcies or civil or criminal legal judgments, or carry appropriate general liability insurance or bonding at the time of registration, during the period they are members, or thereafter. As circumstances can change daily, eCardClub advises consumers to check these matters for themselves especially at future dates. ECardClub does not represent or warrant that the information received from third party sources are accurate, error free, or that it is up to date or updated at the time that eCardClub checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on real time basis by such agencies and third party sources.

DISCLAIMER: ECardClub EXPRESSLY DISCLAIMS AND ALL WARRANTIES, EXPRESSED, OR IMPLIED RELATING TO THE PRESCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE PRESCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.

Our privacy policy, which sets out how we will use your information, can be found at eCardClub.com. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Prohibitions

You must not misuse this Websites. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the online ad(s); corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and eCardClub.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We 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 due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of ecardclub.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by eCardClub.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Terms of Sale

By placing an order you are offering to purchase an advertising online ad(s) (aka “eCardClub”) and is subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Processing times may vary according to category and/or portal availability and subject to any delays resulting from postal delays or force major for which we will not be responsible.

In order to contract with eCardClub.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. ECardClub.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be eCardClub.com or may in some cases be a third party. Where a contract is made with a third party eCardClub.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and online ads may fluctuate. All prices advertised are subject to such changes.

(a) Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the online ad(s) which you ordered has been accepted and is in processing. Only those online ads listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. ECardClub online ads are charged monthly and upon purchase you agree to automatically recurring billing, in which your form of payment will be charged.

Cancellation Policy: Written cancellation 7 days prior to the 1st of the month is required to suspend online advertising on the eCardClub. If you want to cancel your advertising on the eCardClub, you must inform customer customer via email: sales@ecardclub.com and request removal from the network 7 days before the 1st day of the following month.

Any cancellation request received after this point will still be charged for the upcoming month and cancelled before the next month’s billing cycle.

Once your advertisement has been removed you will no longer have priority status and if you choose to once again advertise with eCardClub you will be reassigned at the bottom of the waiting list for the desired category.

(b) Pricing and Availability

While we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any online ads which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the online ad(s), you will receive a full refund.

A one-time, non-refundable set up fee will be charged separately immediately upon acceptance of order and is in addition to the monthly online ad(s) charges; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’. Your 1st monthly charge for online ad(s) will be charged immediately upon ad going live and every month after, until further cancellation. Additional charges may apply and bill charged separately for any and all ad change requests after your initial ad has been approved and goes live.

ECardClub reserves the right to cancel your online ad(s) at any time for any reason.

Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law eCardClub.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and online ads, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

This does not affect eCardClub.com liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trademarks, images of personalities and third party copyright except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, online ads and/or locations featured on this Website are in no way associated, linked or affiliated with eCardClub.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and online ads and is in no way an assertion that such products or online ads are endorsed by or connected to eCardClub.com

Indemnity

You agree to indemnify, defend and hold harmless eCardClub.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms & Conditions.

Variation

ECardClub.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the online ads and/or any page of this Website.

Invalidity

If any part of the Terms & Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms & Conditions will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement

The above Terms & Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and ECardClub.com
Any waiver of any provision of the Terms & Conditions will be effective only if in writing and signed by a Director of ECardClub.com