Terms & Conditions
Conditions of use of Website
In this webpage, “we” or “our” or “ourselves” or “us” means Archipelago UK Limited of 16 Bull Plain, Hertford, Herts SG14 1DT United Kingdom and “you”, “your, “user” or similar words means any and all individuals or entities accessing this website for any reason.
1. Agreement to Terms and Conditions
The following web page sets out the "Terms and Conditions" subject to which you may use our website. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this website and/or our service. By using this website and/or our services, you indicate to us that you have agreed to be bound by these Terms and Conditions. We may revise these Terms and Conditions at any time and without notice to you by updating this posting. You should visit this website regularly to review the Terms and Conditions, because they are binding on you.
2. Legal Disclaimer
WE PROVIDE OUR WEBSITE ON AN 'AS IS' BASIS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ITOR ITS CONTENTS AND WE DISCLAIM ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WHILE EVERY EFFORT IS MADE TO ENSURE THAT THE INFORMATION CONTAINED IN OUR WEBSITE IS CORRECT, WE MAKE NO REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED AS TO THE NATURE, ACCURACY, COMPLETENESS, OR SUITABILITY FOR ANY PURPOSE OF THAT INFORMATION.
Lawsrelating to copyright, trademark and other laws protect the contents of our website, such as its text, graphics, images, logos, button icons, software and other features (hereafter described as “Material”) . All Material on our website is our property or that of our content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on our website is our exclusive property and is protected by copyright laws of the United Kingdom and other countries. Unauthorised use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the Material on any copy you make. You may not sell, modify, reproduce, display, publicly perform, distribute, or otherwise use the Material for any public or commercial purpose save as we have expressly permitted you to do in this Agreement or in writing. The use of the Material on any other website or in a networked computer environment for any purpose is prohibited. You must not copy or adapt the HTML code that we create to generate our website pages. Such code is also protected by our copyright and other rights. You have our permission to make a single printed paper copy of any part of this website (other than any E-Card) for your personal, non-commercial use only. Other copies are unauthorised and may not be made.
Any framing of our website in or on another website or linking of another website to our website without our prior written permission is prohibited. You may not post any material from this website on another website without our written permission
5. Exclusion of Liability
IN NO EVENT SHALL WE, OUR SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON OUR WEBSITE BE LIABLE FOR ANY LOSS WHATSOEVER WHETHER DIRECT OR INDIRECT (INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INCIDENTAL AND CONSEQUENTIAL LOSS, LOST PROFITS, LOST BUSINESS, LOST REPUTATION OR LOSS RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE OUR WEBSITE AND THE MATERIAL, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL GROUND, AND WHETHER OR NOT WE WERE AWARE OF THE POSSIBILITY OF SUCH LOSS.
Nothing in this provision shall be construed as purporting to exclude or restrict our liability to you for fraudulent misrepresentation or personal injury or death resulting from negligence or any liability, the exclusion or limitation of which is prohibited by law.
6. Links to Other Sites
Our website may contain links to third party websites. We provide these links solely as a free service and as a convenience to you. The Company does not endorse, recommend or adopt any opinions expressed on such third party websites. We are not responsible for the content of linked third-party sites and we do not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third party websites, You do so at your own risk. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, works, Trojan horses, malicious codes and other items of a destructive nature.
You agree to defend, indemnify, keep indemnified and hold harmless the Company, its directors, employees and agents, from and against any claims, actions, demands, liabilities, losses, costs, expenses and proceedings (including without limiting the generality of the foregoing legal and accounting fees) by third parties against us arising or resulting from your use of the Material or your breach of the terms of these Terms and Conditions or any default or omission in your performance of your obligations. We will provide notice to you promptly of any such claim, suit, or proceeding and if appropriate will provide reasonable assistance to you, at your expense, in defending any such claim, suit or proceeding.
These Terms and Conditions are governed by the laws of England and Wales, you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
No waiver whether express or implied by us shall be deemed as waiver or consent to any subsequent or continuing breach of this Agreement nor shall any failure to exercise and/or delay in exercising any right or remedy under this Agreement operate as a waiver of such right.
11. Entire Agreement
These Terms and Conditions constitute the entire agreement between you and us in respect of your use of our website save where specific areas of the website that you may access contain further notices which expressly provide that further Terms and Conditions shall be incorporated into these Terms and Conditions.
No changes to these Terms and Conditions shall be made except by revised posting on this page by persons duly authorised by us.
Please read this agreement carefully as it governs your use of our online services (your “Membership”) and limits our liability to you. By clicking “I accept” at the end of this screen and accessing our website at www.joandjoe.com (the “Service”) you are forming a contract and agreeing to the terms that appear below. References to “you” and “your” are to you as an individual. If you use the Service in the course of your business, you are also agreeing to this agreement on behalf of that business and references to “you” and “your” include your business. If you have any questions please contact us via the help pages on the website.
These terms must be read together with our Conditions of Use of Website and the terms of that document are included in this Membership Agreement but if these terms conflict with those in any way, then the terms of this document shall have precedence over anything in the other document.
1 Provision of Service
1.1 Our Service is provided by Archipelago UK Limited of 16 Bull Plain, Hertford, Herts SG14 1DT, United Kingdom (referred to in the remainder of this agreement as ‘we’, ‘us’, ‘our’, ‘ourselves’ or similar words). You will receive access to our Service following payment for the period of your Membership.
1.2 You acknowledge that you have provided us with accurate and complete registration information and that it is your responsibility to update us with any changes to that information (including your email address) by updating your profile on the website
1.3 Each registration is for a single user only. On registration, you will register a unique user name and password (your “ID”). You are responsible for all use of our Service using your ID and for preventing unauthorised use of your ID.
1.4 If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID, you must notify us immediately using the help contact form on the website and choosing ‘security’ from the drop down subject menu. If we reasonably believe that your ID is being used in any way, we reserve the right to suspend your access rights immediately on giving notice to you and to block access from your ID until the issue has been resolved.
1.5 We are continually seeking to improve our Service. We reserve the right, at our discretion, to make changes to any part of our Service provided that it does not materially reduce their content or functionality.
Rights to Use Content
2.1 Subject to clause 2.2 below, we grant you a limited licence for such time as to be determined at our sole discretion, to do the following:
2.1.1 retrieve and display the Content in a web browser;
2.1.2 send E-cards to one or more individuals with whom you are already acquainted;
2.1.3 print individual pages on paper and store such pages in electronic form on disk and on your PC or internal server (but not on any other server or other storage device connected to an external network);
2.1.4 bookmark to any part of our Service.
2.2 We own most of the Content in our Service but certain content may be used under licence from third parties (“Third Party Content”) and will be marked with the copyright notice of those third parties. Some of the Third Party Content will be subject to additional restrictions—the relevant copyright notice will make it clear where that is the case.
2.3 You may not (without contacting us to obtain prior written permission):
2.3.1 redistribute any of the Content (including by using it as part of any library, archive or similar service);
2.3.2 remove the copyright or trade mark notice from any copies of the Content made under this agreement;
2.3.3 create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content; or 2.3.4 except as expressly set out above, modify, reproduce or in any way commercially exploit any of the Content.
2.4 Copyright in any software that is made available for download for the participation in our Service (“Software”) belongs to us or to our suppliers. Your use of the Software is governed by the terms of any licence agreement that may accompany or be included with the Software.
2.5 You agree not to use our Service to send unsolicited E-cards to individuals, business or other entities with whom you have had no suitable previous acquaintance or dealing and where you ought reasonably to expect that the E-card will be unwelcome or treated by the recipient as spam or which contain an unsolicited commercial offer. You must not use our E-cards to harass any individual or entity.
2.6 You agree that if you send E-cards containing unsolicited commercial offers then you will compensate us for the loss to our reputation and goodwill as well as for the fact that it is very likely that messages from our business will be added to spam filters, in the agreed sum of £10 for each E-card that you send. You agree that this sum is a reasonable pre-estimate of our damages in all the circumstances. This sum is payable by you upon our demand and may be recovered as a debt.
2.7 You must not use software that automates the process of sending E-cards or viewing the Content.
2.8 We may, in our sole discretion and without prior notice to you, limit the number of cards or messages you may send from our website and/or the number of recipients to which you send our E-cards or messages.
3.1 The fee for your Membership (“Membership Fee”) is calculated and payable annually (bi-annually for six month subscribers) on the anniversary of the start of your Membership (unless otherwise stated) in advance by such method of payment as we may reasonably request. We are not obliged to provide our Service until the Membership Fee has been paid.
3.2 We will send you details of your Membership Fee payable for the subsequent period at least two weeks before the anniversary of your current Membership. Your Membership will renew only if you make payment of the Membership Fee before the anniversary of your current Membership. If you fail to pay the Membership Fee for any subsequent period before the anniversary of your then current Membership, we will suspend your access to the Service until your Membership Fee is paid.
4.1 We warrant to you that:
4.1.1 we will use all reasonable skill and care in making our Service available to you and in ensuring its availability during your Membership;
4.1.2 we have the right to License the Content under this agreement; and
4.1.3 we will take reasonable steps to ensure that any software we provide as part of the Service is virus free.
4.2 Because of the nature of the Internet and archived information, errors and omissions do occur and we not give any other warranties in respect of our Service. In particular, we make no warranty that our website is free from infection by viruses or anything else that has contaminating or destructive properties. All implied warranties are excluded from this agreement to the extent that they may be excluded as a matter of law.
5 Limitation of
5.1 We will use our reasonable endeavours to remedy faults in our Service during the Membership. If we are in breach of this agreement, you agree that your only recovery for damages that you incur, and your exclusive remedy, shall be limited to an amount equivalent to the Membership Fee paid or payable in relation to your use for the relevant period of our Service.
5.2 We are not liable for any business losses such as lost data, lost profits or business interruption arising from your use or inability to use our Service or from any action taken (or refrained from being taken) as a result of using our Service.
5.3 Notwithstanding the above provisions of this clause 5, our liability will not be limited in the case of fraud or for death or personal injury caused by our negligence.
6.1 All notices shall be given in terms of this agreement shall be given to us by post at 16 Bull Plain, Hertford, Herts SG14 1DT; or to you at either the email or postal address you provide to us at the time of taking out your Membership.
6.2 Notice will be deemed received when an email is received (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
7.1 Where our Service contains links to other web sites and resources, either directly or through frames and, where possible, we will make clear where such links are being made. Independent third parties provide these sites and we are not responsible and shall not be liable for the availability or content of these outside resources.
8.1 We may terminate this agreement and your access to our Service by written notice (including notice by e-mail) if you are in material breach of this agreement and the breach is not remedied within the period of 14 days after written notice of the breach has been given to you. If we reasonably believe you are in breach of clause 2 we may suspend your access to our Service immediately.
8.2 We may change, suspend or terminate our Service or any part or feature of our Service, or restrict access to parts or the whole of our Service, without notice to you or without incurring any liability to you.
9.1 We may transfer and/or assign our rights and/or our obligations under this agreement. This will not affect your rights under this agreement. You may not transfer any of your rights or obligations under this agreement.
9.2 Nothing in this agreement shall confer your rights on any other person.
9.3 If you breach this agreement and we ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach this agreement.
9.4 This agreement, together with our Conditions of Use of Website, represents the entire terms agreed between the parties in relation to its subject matter and may be amended only by our agreement in writing.
9.5 This agreement is governed by English law. We will try to solve any disagreements quickly and efficiently. If you want to take court proceedings in relation to this agreement you must do so in the United Kingdom.