Skyblue Cards Limited
These terms and conditions, ("Terms and Conditions") form the basis upon which you are permitted to use or browse the Website (defined below) and should you obtain Membership (defined below), form a legal agreement between you and Skyblue Cards Limited, a company incorporated in Scotland under the Companies Acts (registered number: SC309178) and whose registered address is 22 West Werberside, Edinburgh, EH4 1SZ ("Skyblue").
Please read the Terms and Conditions carefully before using this Website or completing your registration to receive the Services (defined below) and print out a copy for your records.
By browsing this Website or clicking the "I have read and agree to the Skyblue Terms and Conditions" box displayed as part of the membership application process and obtaining a Membership to the Services, you agree to be bound by all of the Terms and Conditions. If you do not agree with these Terms and Conditions, please immediately exit from the Website or do not click on the "I have read and agree to the Skyblue Terms and Conditions" box within the Membership application form and you shall not obtain a Membership to use the Services.
1.1 The following terms shall have the following meanings:-
"Confidential Information" means any and all information belonging to either party which is designated as confidential or which ought reasonably to be regarded as such;
"Intellectual Property Rights" means any copyright, registered designs, unregistered designs, trade marks (whether registered or unregistered), technical information, confidential information, know-how, inventions, database rights, all software and source codes in any industrial or intellectual property rights whether existing in the United Kingdom and/or elsewhere and any and all applications for any of the foregoing and any and all rights to apply for any of the foregoing;
"Personal Information" means the information provided by you when completing a Membership Application Form in order to receive the Services to include, but not limited to, your name and address;
"Membership" means the annual membership of the Services via the Website in exchange for the Membership Fee;
"Membership Fee" means the price (including VAT) of the annual Membership as detailed on the Website;
"Membership Application Form" means the application form available on the Website which you require to complete and submit to Skyblue in order to subscribe to the Services;
"Service/Services" means the services which are made available to you via the Website from time to time including, but not limited to the provision of e-cards, an ecard sending facility, a birthday card reminder service and an ecard address facility;
"Website" means www.skybluecards.com, www.skybluecards.co.uk or any subsequent URL which may replace them.
1.2 As used in these Terms and Conditions the singular includes the plural and vice versa; and the masculine includes the feminine and the neuter.
1.3 Reference to any statute, enactment, order, regulation or other similar instrument shall be construed as a reference to the statute, enactment, order, regulation or instrument as amended by any subsequent statute, enactment, order, regulation or instrument or as contained in any subsequent re-enactment thereof.
1.4 All headings included in these Terms and Conditions are for ease of reference only and shall not effect the interpretation or construction of the Agreement.
2. Registration and Membership
2.1 To obtain Membership you are obliged to register with this Website by completing a Membership Application Form and provide certain Personal Information to Skyblue. Membership means that you are granted a non-exclusive, non-transferable licence to use the Services and the associated ecards subject to payment of the Membership Fee and acceptance of these Terms and Conditions.
2.2 You shall ensure that any Personal Information which you are required to provide when you register with this Website is true, accurate, current and complete in all respects. This may include, but not be limited to, your name, address and email address and the name and email address of the recipients of your e-cards. Skyblue shall not use the personal data relating to recipients of e-cards for any purpose other than delivery of the Services. Please notify Skyblue immediately of any changes to any Personal Information supplied to Skyblue.
2.3 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use when using this Website.
2.4 As part of the registration process you will be asked to provide a password which you are required to keep confidential. The password should be used by you to access the Services. You should not allow any third party to become aware of your password and/or allow unauthorised access to the Services. You are obliged to inform Skyblue immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be, used in an unauthorised manner.
2.5 Skyblue reserves the right, at its reasonable discretion, to refuse access to the Website and/or refuse to accept a Membership Application Form for any reason.
2.6 If the contact information you have provided is false or fraudulent, Skyblue reserves the right to immediately terminate these Terms and Conditions and your access to the Services in addition to any other legal remedies which may be applicable.
3. Your Responsibilities
3.2 You shall abide by all applicable laws, treaties and regulations in connection with your use of the Services including the UK Data Protection Act 1998 as may be amended from time to time.
3.3 You shall not use the Services or the Website for the sending of ecards to mailing lists, the sending of bulk messages, the distribution of commercial messages or for any purpose other than as set out in these Terms and Conditions. At our sole discretion and by giving you prior notice, we reserve the right to limit the Services available to you should we determine that you are using the Services for purposes which are not permitted by these Terms and Conditions.
3.4 You must be aged 18 or over to obtain a Membership of the Services.
4. Skyblue's Responsibilities
4.1 Upon completion and submission of a Membership Application Form, you will leave the Website and be redirected to the PayPal Secure Payment gateway ("PayPal"), where your payment details for the Membership Fee will be taken. Once PayPal have informed Skyblue that your payment has been accepted, we will send you a confirmatory email to indicate this and we will activate your Membership. This email is confirmation that the contract between Skyblue and you is concluded and will contain:- Skyblue’s identity and address; a description of the main characteristics of the Service; and your cancellation rights.
4.2 You will have a right to cancel your Membership up to seven working days beginning the day after receipt of the confirmatory email or until you start to use the Service, whichever is the earlier.
4.3 These Terms and Conditions shall form the basis of the contract between Skyblue and you, which shall commence following receipt of the confirmatory email described above and continue for a period of one year and yearly thereafter following payment of the annual Membership Fee.
4.4 Skyblue is not obliged to accept your Membership Application Form nor to allow you to obtain a Membership to the Service. In the event that Skyblue is unable to accept your Membership Application Form, if you have already paid the Membership Fee, this will be refunded to you.
5.1 All card transactions are processed through PayPal. Payment of the Membership Fee within PayPal can be made by most major credit and debit cards including Visa, MasterCard, American Express, Visa Debit, Switch, Solo, and Delta. PayPal’s terms and conditions will apply - click PayPal terms and conditions
, credit card and bank details will be collected by PayPal and are not disclosed to or held by us in any way.
5.2 The Membership Fee is payable annually. Close to expiry of the Membership we shall endeavour to remind you that a further Membership Fee is payable. Should you choose not to renew your Membership by paying a further Membership Fee, your access to the Services shall terminate one year following payment of the last Membership Fee.
5.3 Unless you cancel your recurring subscription via PayPal or provide us with written notice to the contrary in advance of the anniversary of payment of the Membership Fee, your Membership shall automatically continue for a period of one year. Where you opt out of having your Membership automatically renewed, it will be your responsibility to ensure your Membership is renewed on its yearly anniversary to continue using the Services.
which can be accessed via the Website.
7. The Website
7.2 Skyblue reserves the right to modify or withdraw temporarily or permanently this Website or any part thereof with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website and/or change these Terms and Conditions from time to time. It is your responsibility to check regularly to determine whether these Terms and Conditions have been changed each time you use the Services or renew your Membership.
7.3 While Skyblue will use its reasonable endeavours to verify the accuracy of any information we place on this Website, this Website is provided on an "as is" basis and "as available" basis without any representation or endorsement made and Skyblue make no warranties of any kind whether express or implied in relation to the availability or functionality of the Website.
7.4 Skyblue has not reviewed any of the sites that may be linked to/from this Website and is not responsible for the content of any linked pages or other sites linked to this Website. Skyblue has no responsibility or liability arising from the content of any linked pages or linked sites or for any error, defamation, omission, obscenity or inaccuracy contained in any information therein.
7.5 You are prohibited from posting or transmitting unlawful, threatening, defamatory, obscene, inflammatory, pornographic or illegal material on this Website or within the contents of the card messages transmitted by you.
7.6 Both parties shall use reasonable efforts to ensure that when using this Website no viruses, Trojan horses or other codes containing contaminating or destructive properties are transmitted. However, Skyblue shall have no liability in the event that the same are transmitted during the course of using this Website.
7.7 Affiliate sites. Skyblue does include details on, or links through to, sites selling gift items. Skyblue does not control the accuracy of any information provided on those sites. You take full responsibility for any decision to use, purchase or not purchase any of the services or products mentioned on the linked sites. If you do purchase products or services from another website please read their terms and conditions carefully before deciding to buy. Please note that your contract for those products or services will be with the linked site not with Skyblue.
7.8 Affiliate sites. When using the linked gift sites, any personal information you provide to them will be handled in line with their own privacy policies, not Skyblue's, so it is best to read the privacy policies of any website from whom you wish to purchase a product or service to ensure that you are comfortable with these policies.
8. Intellectual Property and Right to Use the Website
8.1 You acknowledge and agree that all Intellectual Property Rights in all material or content supplied as part of this Website including all copyright in any e-cards and designs forming part of the Services or otherwise displayed on the Website shall remain at all times vested in Skyblue. You are permitted to use this Website and the material contained therein only as expressly authorised by Skyblue. For the avoidance of doubt, the copyright and/or any other intellectual property rights contained in any e-cards or designs forming part of the Services and/or the Website is prohibited from being copied or used by you for any purpose whatsoever.
8.2 You agree not to, and not to assist or facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of any material and content of the Website including e-cards. You further agree that you shall not, and shall not assist or facilitate any third party to, use any computer program which automates the process of sending or viewing of parts of the contents of the Website or to systematically extract and/or reutilise parts of the contents of the Website and in particular, you may not utilise any data mining, robots, or similar data gathering and extracting tools to extract (whether once or many times) for re-utilisation any part of this Website. You may not create and/or publish your own database that features any part of this Website.
8.3 It is prohibited to display the Website in a frame of another website. Distributing or posting any content from the Website on any other website, is also prohibited except as otherwise provided for in these Terms and Conditions
9. Representations and Warranties
9.1 Skyblue confirms that it will provide the Services with reasonable skill and care.
9.2 You represent and warrant that you have not provided any false information to gain access to the Services and that all the details you give to Skyblue whilst using the Services are correct.
9.3 Except as otherwise provided in this paragraph 9, Skyblue makes no representations or warranties and expressly excludes the same whether express, implied or otherwise in so far as it is not prevented by legislation from so doing.
9.4 You acknowledge that no website can be error free and agree that the existence of such errors in the Website shall not constitute a breach of these Terms and Conditions.
9.5 The materials presented on the Website and in any brochures and sales documents Skyblue may supply, should not be relied upon and are for information only.
10. Limitation of Liability
10.1 You acknowledge and agree to hold Skyblue harmless and that Skyblue shall not be responsible for any claims, losses or damages, whether direct or indirect, arising out of or relating to the use of the Services by you, unless such claims, losses or damages are due to Skyblue’s breach of these Terms and Conditions or death or personal injury caused by Skyblue's negligence. Skyblue shall not be liable to you for any failure by Skyblue to deliver an e-card or any other part of the Services timeously for any reason whatsoever.
10.2 Skyblue will make all reasonable endeavours to correct errors and omissions as quickly and as practicable as possible after being notified of them. However, because of the sophisticated technology that is required in operating the Website, there may be times when obvious errors occur. For example, very occasionally, this may result in the Membership Fee, Services or other details displayed or presented on the Website being incorrect.
10.3 Subject to the provisions hereof and except insofar as Skyblue's liability may not be excluded or limited by law, you acknowledge and agree that Skyblue's aggregate liability, whether under the Terms and Conditions or otherwise, shall be limited to the value of the Membership Fee you have paid Skyblue.
11.1 Skyblue shall be entitled to terminate your Membership by giving 30 days' written notice of such termination. A refund of the Membership Fee will be calculated on a pro-rata basis based on the number of months remaining until your Membership is due for renewal and shall be refunded via PayPal within 7 days of termination.
11.2 Skyblue shall be entitled to terminate this Agreement and your access to the Services at any time by serving written notice with immediate effect in the event of your material breach of these Terms and Conditions, including, but not limited to, failure to pay the Membership Fee and such breach has not been cured within 28 days of notice of such breach; unauthorised use of the Services; or any negligent act or omission by you.
11.3 Paragraphs 8, 9, 10, 19 and 20 shall survive termination of these Terms and Conditions for any reason.
12. Force Majeure
Skyblue shall be under no liability to you in respect of anything which may constitute a breach of these Terms and Conditions arising by reason of force majeure, namely, circumstances beyond the control of Skyblue which shall include, but shall not be limited to, acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion or civil authority, including acts of local government and parliamentary authority; inability to supply the Services, telecommunications failure, materials, breakdown of equipment and labour disputes of whatever nature and for whatever cause arising including, but without prejudice to the generality of the foregoing, work to rule, overtime bars, strikes and lockouts.
Failure or neglect by Skyblue to enforce at any time any of the provisions hereof shall not be construed, nor shall be deemed to be a waiver of Skyblue's rights hereunder, nor in any way affect the validity of the whole or any part of these Terms and Conditions nor prejudice Skyblue's rights to take subsequent action.
In the event that any of these Terms and Conditions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall, to that extent, be severed from the remaining Terms and Conditions which shall continue to be valid to the fullest extent permitted by law.
15. Entire Agreement
These Terms and Conditions constitute the entire agreement and understanding and supersedes any previous agreement and understanding between the parties hereto relative to the subject matter hereof.
Unless otherwise stated in these Terms and Conditions, any notices required to be given under these Terms and Conditions by either party to the other shall be in writing and shall be served by sending the same by email to the other party.
18.1 These Terms and Conditions shall be binding upon the parties and you shall not be entitled to novate, assign or otherwise transfer your rights and/or obligations hereunder without the prior written consent of Skyblue. Skyblue reserves the right to novate, assign or transfer its rights and obligations hereunder at any time.
18.2 If there is a conflict between these Terms and Conditions and any provision in any supplemental agreement or policy, the provisions of these Terms and Conditions will prevail, unless that supplemental agreement or policy expressly provides to the contrary.
18.3 Nothing in the Terms and Conditions is evidence of a joint venture or partnership. Neither party shall give any undertaking on behalf of the other.
19. Statutory Rights
These Terms and Conditions do not affect your rights under law and for more information on what these rights are Skyblue suggest that you contact your local Citizen’s Advice Bureau (in the UK) or similar service elsewhere.
20. Governing Law and Jurisdiction
The parties hereby agree that these Terms and Conditions shall be construed in accordance with and governed by Scots law and both parties hereby agree to submit to the exclusive jurisdiction of the Scottish courts in all matters pertaining hereto without reference to conflict of law rules or principles.