Terms and Conditions

These Terms and Conditions, and any documents referred to herein, set out the terms and conditions on which you are permitted to use our website, https://eclipsecards.com (our website). By using our website, you agree to be bound by, and to comply with, these Terms and Conditions.

These Terms and Conditions are effective from October 12, 2020.

Please read theseTerms and Conditions carefully. We recommend that you print off a copy of these Terms and Conditions for your records, as well as any future versions of them, as we may update them from time to time. YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSES 6 (EXCLUSIONS AND LIMITATIONS OF LIABILITY) AND 7 (INDEMNIFICATION).

If for any reason whatsoever you do not agree to these Terms and Conditions or do not wish to be bound by them, you must not access or use our website.

Contents

    1. Our Details

    2. Your responsibility for others who access our website using your device or internet connection

    3. Changes we may make to these Terms and Conditions and other documentation
    4. Availability of our website
    5. Your account details
    6. Permitted use of materials on our website
    7. Prohibited use of our website
    8. EXCLUSIONS AND LIMITATIONS OF LIABILITY
    9. IDEMNIFICATION

    10. Viruses and other harmful content

    11. Third party tools and links
    12. Errors, inaccuracies and omissions
    13. Severability
    14. Termination
    15. Entire Agreement
    16. Governing Law
    17. Contact information
1. Our Details
  • Eclipse Cards (we, our and us) operates the website
  • Our address is 8 Wolmer Gardens, Edgware, HA8 8PZ 
  • Our contact email address is support@eclipsecards.com
2. Your responsibility for others who access our website using your device or internet connection

You must ensure that any persons who access our website on your computer(s) or device(s), or who are permitted or able to access our website on your computer(s) or device(s), or who use your internet connection, are aware of these Terms and Conditions and all other documentation referred to in them, and that such persons also agree to be bound by and to comply with these Terms and Conditions. If for any reason whatsoever, such persons do not agree to these Terms and Conditions or do not wish to be bound by them, they must not access or use our website, and you must not permit them to do so.

3. Changes we may make to these Terms and Conditions and other documentation
  • We reserve the right to update these Terms and Conditions, our privacy policy, our cookies policy and any other documentation referred to in any of these documents from time to time. We may change our Terms and Conditions and other documentation for any reason, including:
    • to reflect any changes in the way we carry out our business;
    • to account for any changes we make to our website, including, without limitation, any new features or functionality we provide, any adjustments to the means by which we provide notices to you, or any changes in the content, purpose or availability of the website;
    • to accurately describe our current data-processing activities so that you are kept up to date with our latest practices;
    • to inform you of any changes in the way that we use cookies or similar information-gathering technologies; or
    • to ensure that our documentation complies and remains compliant with any and all current and future applicable laws, regulations and official guidance.
  • If required by law, we will provide you with notice of any changes in these Terms and Conditions or the other documentation referred to in them by posting a notice on the website and/or by posting an updated version of these Terms and Conditions or other such documentation on our website with a new effective date stated at the beginning of them.
  • By continuing to access our website after we have updated our Terms and Conditions, terms of sale, and/or user content agreement, you agree to be bound by those updated versions. You also acknowledge that by continuing to access our website after we have updated our privacy policy and/or our cookies policy, that the practices set out in those updated policies will apply to our handling of your information and our use of cookies and similar technologies.
  • You must check these Terms and Conditions and all other documentation referred to in them each time you access our website in order to ensure that you are aware of the terms that apply to you at that time.
  • The date that these Terms and Conditions and/or any other documents (including our privacy policy and cookies policy) were last amended is set out at the top of that document and is referred to as that document’s “effective date”.
4. Availability of our website
  • We make no representations and provide no warranties that:
    • the website will be made available at any specific time or from any specific geographical location;
    • your access to the website will be continuous or uninterrupted; or
    • the website will be accessible or optimised on all browsers, computers, tablets, phones or viewing platforms.
  • We reserve the right to suspend access to all or part of the website for any reason, including for business or operational reasons, such as improving the appearance or functionality of the website, content updates, periodic maintenance, or to resolve any issues that we become aware of. Wherever we anticipate that we need to suspend access to the website for a considerable period of time, we will try to provide you with prior notice where reasonably practicable.
  • Our website is provided for users in the United Kingdom. Although it may be possible to access the website from other countries, we make no representation that our website is compliant with any legal requirements in force in any jurisdiction other than the United Kingdom, or that the content available on the website will be appropriate for users in other countries or states.
5. Your account details
  • Where we provide you with the option to select your own login information, including a password, we recommend that you supply login information unique to your own use of this website, and do not use information from other accounts you may hold with other websites or any easily discoverable information about you. You are responsible for any consequences of unauthorised access to your account due to any disclosure of your login information to any third party.
  • You must never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You agree that you will not solicit, collect or use the login credentials of other individuals. We prohibit the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide to us upon registration and at all other times will be true, accurate, current, and complete. You agree to update your information as necessary to maintain its truth and accuracy.
  • We reserve the right to withdraw access to your account without notice for any actual or suspected breach of these Terms and Conditions or any other documentation referred to in them, including, without limitation, where we suspect that there has been unauthorised access to your account, or any unauthorised disclosure of your login information.
  • If you know or suspect that the confidentiality of your login information has been compromised, for example, by the disclosure of such information to any third party, you must immediately change your password. If you are unable to change your password, you must immediately notify us by email, at support@eclipsecards.com
6. Permitted use of materials on our website

  • The content on our website is provided for your personal, private and non-commercial use only. You may print or share the content from our website for lawful personal, private and non-commercial purposes, and you may also make others within your organisation aware of the content on our website. You may not otherwise extract, reproduce or distribute the content of our website without our prior written consent.

  • Whenever you print, download, share or pass on content from our website to others, you must not make any additions or deletions or otherwise modify any text from our website, you must not alter or change any images, media or graphics from our website in any way, you may not remove any accompanying text from such images, media or graphics, and you must ensure that all content passed on to any third party is an accurate representation of the content as it appears on our website.

  • You are prohibited from using any robots, spiders, data mining or scraping technology or any similar third party tools for the extraction or reproduction of any data or content from our website without our prior written consent.

  • Whenever you pass on any content or materials from our website to anyone, you must acknowledge us as the authors of such content or materials (or any other authors wherever credited by us) at the time when you pass on such content or materials.

7. Prohibited uses of our website

    • You must not reproduce, duplicate, copy or resell any part of our website or any content from our website, save and except to the extent expressly permitted in these Terms and Conditions.

    • You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our website or any part of it, our systems, any of our hardware or equipment or any networks on which our website is hosted, any software that we use to create or modify the website or to make the website available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.

    • You must use our website for lawful purposes only and in accordance with these Terms and Conditions. You must not use our website:

    • for any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international;
    • for any fraudulent purposes whatsoever;
    • to conduct any unsolicited or unauthorised advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorised by us;
    • to upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the website, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content;
    • to communicate with, harm or attempt to harm children in any way; or
    • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
    • in any way or for any purpose that breaches these Terms and Conditions or the terms of any of the documents these Terms and Conditions refer to.

  • You must not submit any information about you to us if you are under the age of 18, or about any other person who is either:

    • under the age of 18; or

    • if they are aged 18 or above, where you have not received their prior written consent to submit information about them to us

8. EXCLUSIONS AND LIMITATIONS OF LIABILITY

    If you purchase goods or services from our website, different exclusions of liability may apply. These are contained in our terms of sale.

    • SUBJECT TO THE AFORESAID, IN NO EVENT SHALL WE (INCLUDING OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS) UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) COSTS, EXPENSES, LIABILITIES OR PENALTIES, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, WHETHER FORESEEABLE OR UNKNOWN, ARISING FROM, IN CONNECTION WITH OR RELATING TO:
      • YOUR USE OF OUR WEBSITE;
      • ANY CORRUPTION OR LOSS OF DATA;
      • ANY INABILITY TO ACCESS OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTIONS, SUSPENSION OR WITHDRAWAL OF OUR WEBSITE (FOR ANY REASON WHATSOEVER);
      • ANY USE YOU MAKE OF ANY CONTENT OR MATERIALS ON OUR WEBSITE, INCLUDING ANY RELIANCE YOU MAKE ON SUCH CONTENT OR MATERIAL;
      • ANY LOSS OF SAVINGS, PROFITS, SALES, BUSINESS OR REVENUE;
      • ANY LOSS OF REPUTATION OR GOODWILL;
      • ANY LOSS OF SAVINGS;
      • ANY LOSS OF A CHANCE OR OPPORTUNITY; OR
      • ANY OTHER SECONDARY, CONSEQUENTIAL OR INDIRECT LOSSES,

    AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, WITHOUT LIMITATION, YOU ASSUME AND SHALL BE LIABLE FOR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS, DAMAGE, COSTS, EXPENSES, LIABILITIES OR PENALTIES ARISING.

    • WE SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
    • You specifically agree that we shall not be liable for any content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
    • YOU AGREE THAT IN THE EVENT THAT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES ARISING OUT OF, OR IN CONNECTION WITH, OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US.
    • To the extent that any of the provisions of this clause 6 (EXCLUSIONS AND LIMITATIONS OF LIABILITY) are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law.
    9. IDEMNIFICATION
    • You (and also any third party for or on behalf of whom you operate an account or activity on the website) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys’ fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the website or those conducted on your behalf):
      • your uploads, access to or use of the website;
      • your breach or alleged breach of these Terms and Conditions;
      • your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
      • your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
      • any misrepresentation made by you.
    • You will cooperate as fully required by us in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.
    10. Viruses and other harmful content

    • We do not guarantee that our website does not contain viruses or other malicious software. However, we do make reasonable efforts to prevent such viruses or bugs from being uploaded to our website.

    • We shall not be responsible for any bugs or viruses on our website, or any software that might be transferred to your computer from our website, or any consequences which the presence or operation of such programs may have.

    • You must ensure that you have in place up-to-date and effective anti-virus protection on your computer or other browsing device.

    • You must not upload or otherwise introduce to our website any viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, time bombs, keystroke loggers or any other programs or code that is harmful or malicious.

    • You must not use any third parties, software or technology to attempt to gain unauthorised access to our website, our servers, systems, hardware, software or data.

    • You must not attempt to perform any denial of service type attack on our website.

    • We may report any breach or suspected breach of this clause 11 (Viruses and other harmful content) to the relevant authorities and may disclose your identity.

     11. Third Party tools and links
    • Links to third party content or websites may appear on our website from time to time. We are not responsible for the content of any websites accessible via any link(s) on our website. All content on third party websites is outside of our control, and we do not represent or warrant that such content is related to us or our website, suitable or appropriate for use or viewing, lawful or accurate.
    • Any third party website accessible via a link on our website may collect and process your information. We are not responsible for any data-processing activities carried out by any third party website which is linked to from our website, and we disclaim any and all liability in respect of the same. You should check the privacy policy of any such third party to establish how they may use your information before you decide to use their website and its features.
    12. Errors, inaccuracies and omissons
    • 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. 
    13. Severability

    In the event that any provision of these Terms and Conditions 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 and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

    14. Termination
    In the event that any provision of these Terms and Conditions 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 and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
      15. Entire Agreement
      • The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
      • These Terms and Conditions 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 and Conditions).
      • Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

      18. Governing Law

      These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom.

      17. Contact information
      • Questions about the Terms and Conditions should be sent to us at support@eclipsecards.com