PLEASE READ CAREFULLY BEFORE USING THIS SITE OR APPLICATION. YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT.
Withpostcard ("withpostcard.com" or "us", "our", "we") provides a mobile phone application ("Application"), a website ("Website") – together the "Service". The Service is operated by Bench s.r.o. These Terms of Service ("Terms") govern your access and use of the Service. "You" or "Your" means a user of the Service.
You agree that by registering for or accessing or using the Service you are entering into a legally binding agreement with us. Any entry into, and use of the Service constitutes your agreement to these Terms and Conditions ("Terms") and all applicable laws and your certification that you are authorized to accept these Terms. We may revise and update these Terms at any time and such revisions are binding. Changes to these Terms shall apply as of and following the date of the change.
You may use our Service only if you can form a binding contract with us, and only in compliance with these Terms and all applicable laws. Any use or access by anyone under the age of 13 is prohibited. You may not provide access to or use the Service or content thereof for the benefit of third parties or make commercial use of the Service or related content, but you may use the Service for your personal use subject to these Terms.
Use of and access to the Service is void where prohibited. By accessing and using the Service, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Service will comply with and does not violate any applicable law, regulation, order or guideline.
Persons using this Service assume full responsibility for it's use and agree that we are not responsible or liable for any claim, loss, or damage arising from the use of the Services. If you use the Service on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. You agree that we may automatically upgrade the Services, and these Terms will apply to such upgrades.
Internet connectivity is required for access to and use of the Service. To access the Service by means of a cellular data connection on a portable device, you will need a data access plan from your wireless carrier. In order to access the service via WiFi or Internet connection, you will need a compatible device, software, browser and Internet access. Check with your provider to learn if any fees apply. You are solely responsible for enabling Internet connectivity and any fees or costs you incur to access the Services through any wireless or other communication service.
Although we prohibit the uploading of certain types of image to the Platform, we cannot control, nor do we comprehensively monitor the use of the Services. It is possible that images or other material may appear on our Service or in connection with the Services which are unlawful or offensive and contravene our restrictions on content. We are not responsible for such images or material but if you become aware of any such images or material please contact us without delay using the following email: email@example.com
We may at our discretion contact law enforcement authorities if we are made aware that anything unlawful is occurring or has occurred in relation to the use of the Service including the uploading or emailing of any images in breach of our restrictions on content. We may provide copies of any relevant images or material to the law enforcement authorities and in that connection may also give them access to any personal data that is held by us.
We may without notice and at our sole discretion delete or remove any image that has been uploaded, emailed or submitted for printing that is in violation of these Terms.
By uploading, posting, contributing or including any content or material in a personalised Service, you grant us a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that content or material solely for the purpose of performing obligations and exercising rights under these Terms. Note that we may modify content or material in order to conform it to the requirements of the Service you have ordered (such as by cropping images).
You are not allowed to upload or order printed items which contain or use any images or other material including text based annotations and comments, which contain any of the following:
If you share information on the service in a way that infringes others' rights, including privacy rights, you're breaching these Terms. You represent and warrant that you have all the rights necessary for you to grant the rights in this section and the use of the information doesn't violate any law. We may remove your information from the Service at any time if you breach these Terms.
You will receive confirmation emails, updates and marketing emails at the email address you provide, either upon registration or while placing an order. You can opt out of updates and marketing emails at any time.
All elements comprising the Application, Website and Services, including without limitation, the text, design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof are the sole property of us or our licensors. Except as expressly permitted in these Terms, any use, reproduction, modification, distribution, transmission, republication, display or performance of the Services or any content is strictly prohibited. Trademarks, service marks and logos displayed on the Service are the exclusive property of us unless otherwise stated and may not be used without our express written consent. All rights not expressly granted herein are reserved to us, our affiliates and our licensors.
Our policy is not to infringe or violate the intellectual property rights or other rights of any third party, and we will remove material appearing on the Service that infringes the rights of any third party. Under the Digital Millennium Copyright Act of 1998 (the "DMCA"), we will remove any Content if properly notified of that such material infringes third party rights, and may do so at our sole discretion, without prior notice to users at any time.
If you believe that something appearing on the Service infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA's requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to us by contacting us using the following email: firstname.lastname@example.org.
We accept no responsibility or liability for the content of any site included in any Content, or otherwise linked to by the Services, or for the user's use of such Content. We reserve the right to remove any Content without prior notice to you, any other user, or any third party.
You agree that you will not act in any way or transmit any content that: (a) restricts or inhibits use of the Service, including without limitation content which contains, transmits or distributes any viruses, worms or other malicious software or functionality; (b) solicits another person's password or other personal information under false pretenses; (c) impersonates another user or otherwise misrepresents yourself in any manner; (d) infringes or results in the infringement of us or any other third parties' intellectual property, moral rights, privacy or other rights; (e) is or you reasonably believe or should reasonably believe to be illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves or you reasonably believe or should reasonably believe to involve any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (f) is defamatory, libelous, nudity, pornographic, obscene, racist or otherwise offensive content; (g) does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc.
The software and technology underlying the Service is our property, and you may not do or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Service, including in order to allow you to copy or download any content; (b) circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content; (c) use the Service and/or content provided therein in connection with any commercial endeavors in any manner; (d) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service; or (e) harvest, collect or mine information about other users of the Service.
We shall use reasonable commercial efforts to maintain the availability of the Service, but does not guarantee any specific level of availability of Service nor shall we be responsible for any loss of data during or after their creation. We will not be liable to you as a result of temporary service interruptions. You acknowledge that we may, in our sole discretion and at any time, modify or discontinue providing Services or any part thereof without notice, and in such event you will not be able to access the data you have created and saved on the Service.
Your use of the Service is at your sole discretion and risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind from us. We EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE Service and to the goods or services made available through the Service, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE Service; OR (II) THAT THE Service WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE Service.
WE ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE ADVICE OR CONSULTATION PROVIDED TO YOU BY USING THE SERVICE.
We reserve the right to correct any errors, inaccuracies or omissions and to change or update content information at any time without prior notice.
An order for any Service (including any order for printing services) will not be treated as having been accepted until you receive confirmation from us that this is the case. This confirmation may be provided by email or post.
Once an order for any Service for has been placed by you, you have confirmed the order and the order has been printed, you may not cancel the order. Once an order has been printed we are unable to provide you with a refund if you change your mind about your order.
We will generally notify you of the dispatch dates available and the expected timeframe for delivery of your ordered Services during the order process; however, we do not guarantee delivery dates or times. The expected delivery times and charges will differ depending on the Service you order.
We will ship all orders purchased through the Service to the address specified in the shipping address section of the order form. Neither we, nor any delivery service that we use, shall be liable for any failure to perform our Services due to incorrectly entered information (such as shipping address) when placing an order. It is your sole responsibility to ensure the correctness of this information before completing your order.
Neither we, nor any delivery service that we use, shall be liable for any failure to perform our Services where such failure or delay results from any circumstances outside our reasonable control; these circumstances include but are not limited to adverse weather conditions (such as snow, flood and extreme winds), fire, explosion, accident, traffic congestion, obstruction of any private or public highway, riot, terrorism, act of God, or industrial dispute or strike.
If your order consists of or includes a postcard, the postcard will be delivered without any packaging or envelope so the content of the postcard will be visible to those handling it.
The majority of our items are personalised Services for which there is no right to cancel the contract and return the Service, however, you may reject a Service which is faulty or not as described. Where this is the case, we will ask you to return the Service to us within 3 days of receipt. If you are eligible for a refund, we will refund the price you paid onto the card that you paid with. Alternatively, we may offer to reprint (if applicable) and resend the item. Please note that we do not offer both a refund and a resend. We will not provide a refund if the fault is a result of your own actions such as Service misuse; or if you entered incorrect shipping details; or if personalisation is misspelt; or if you have uploaded an image of a low resolution or size. Alternatively, we may provide you with a credit so that you may reorder the Service of the same value again.
We reserve the right to cancel, change or alter any scheduled or running promotions without prior notice. This includes, but is not limited to, situations of abuse of the provided Service, Promotion conditions and/or immoral use of the Service.
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any content on the Service. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure due to technical problems or traffic congestion on the Internet or on the Service, including any injury or damage to users or to any person's mobile phone related to or resulting from participation or downloading materials in connection with the Service. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Service, from any content posted on or through the Service, or from the conduct of any users of the Service, whether online or offline.
IN NO EVENT SHALL WE OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE Service OR CONTENT, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO US FOR USE OF THE Service. IF YOU HAVE NOT MADE ANY PAYMENTS TO US FOR THE USE OF THE SERVICE, THEN WE SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.
You agree to indemnify, defend, and hold harmless us and our respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys' fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Service; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; (d) information you provide to or use in connection with the service violating third party intellectual, moral, privacy or other rights and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Service shall be in compliance with all applicable laws, regulations and guidelines.
Our failure to exercise or enforce any right conferred upon it hereunder shall not be deemed to be a waiver of any such right, or operate to bar the exercise or performance thereof at any time or times thereafter. A waiver of any right hereunder at any given time shall not be deemed a waiver thereof for any other time.
If any provision of these Terms is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, you and us shall, if possible, agree on a legal, valid and enforceable substitute provision which is as similar in effect to the deleted provision as possible. The remaining portion of these Terms not declared illegal, invalid or unenforceable shall, in any event, remain valid and effective for the term remaining unless the provision found illegal, invalid, or unenforceable goes to the essence of these Terms.
All notices hereunder shall be in writing, personally delivered, by certified mail, return receipt requested; or by nationally recognized overnight delivery service; or by email us, at email@example.com. A notice shall be effective from the date of personal delivery or upon receipt if sent by certified mail, and upon the date of sending if sent by email.
These Terms shall be interpreted in accordance with the laws of Slovak republic. The customer agrees that any legal or equitable action of whatever nature by or against us arising out of or related in any respect to these Terms shall be brought exclusively in the competent courts of Bratislava, Slovakia.
Updated: August 2016