Acknowledgement and Acceptance of Terms of Service
Creasant Innovision Limited (“eCard.plus”, “we”, “us” or “our”), a Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”) company, provides certain services (as defined below) on or through our website https://eCard.plus (“Site”).
By using our Services (as defined below), regardless of how you access it, by computer, or through a mobile phone or other wireless or internet-enabled device or otherwise, you agree to the following Terms and Conditions (“Terms of Service”, “Terms”). These Terms of Service comprise the entire agreement between you and eCard.plus and supersede all prior agreements between the parties regarding the subject matter contained herein. You should periodically visit this page to review the current Terms so you are aware of any revision to which you are bound. eCard.plus’s Privacy Policy is incorporated by reference into these Terms. In addition, when using particular features on or through the Services, you shall be subject to any additional terms applicable to such services that may be available on the Site from time to time.
We encourage you to read this Policy carefully. If you have any questions or concerns regarding these Terms of Service, please contact us using the contact details provided at the end of this Terms of Service.
By visiting the Site and using its Services, you agree to these terms. If you do not agree, do not use the Site or any of eCard.plus Services.
The Service
eCard.plus offers tailor-made animated festive electronic greeting card (“eCard(s)”) creation services for businesses of all sizes; and with the online ready-to-send platform to send, distribute and receive (collectively “Services”) the eCards. Our Site (as defined below) provides account administrators (“Account Administrator(s)”) to view the usage statistics, if their subscription includes; senders with online tools to send and distribute eCards (“Sender(s)”) and provide receivers to retrieve the eCard (“Receiver(s)”). All account administrators, senders, receivers and browsers who access or interact with the Site are considered users of the Services (“Users”).
User Account, Login Credentials and Security
Account Administrators are solely responsible for maintaining the confidentiality of their login credentials and account information of both the administrator account and their eCard sending account(s), and are fully responsible for any and all activities that occur under their passwords or account(s). You agree to immediately notify eCard.plus of any unauthorised use of your account(s) or any other breach of security related to your account(s) or the Services.
Modifications to the Services
eCard.plus reserves the right, at any time and from time to time, temporarily or permanently, in whole or in part, to:
- modify or discontinue the Services including, but not limited to:
- restricting the time the Services is available,
- restricting the amount of use of the Services permitted, and
- restricting or terminating any user's right to use the Services, with or without notice;
- charge fees in connection with the use of the Services;
- modify and/or waive any fees charged in connection with the Services; and/or
- offer opportunities to some or all users of the Services. You agree that eCard.plus shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
General Practices regarding Use and Storage
You acknowledge that eCard.plus may establish general practices and limits concerning the use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Service on our servers on your behalf. You agree that eCard.plus has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Services. You acknowledge that eCard.plus reserves the right to terminate and delete accounts that are inactive for an extended period of time. You further acknowledge that eCard.plus reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Conditions of Use
You are solely responsible for all information, messages or other materials that you upload or post or display (collectively "Post") or email or otherwise transmit or use via the Services. Without limiting the generality of the foregoing, you expressly agree to not use the Services to:
- send messages or otherwise transmit any content that:
- you do not have the right to post;
- is defamatory or in contempt of any legal or other proceedings;
- is misleading or deceptive;
- incites hatred or discrimination against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
- denounces religious or political beliefs;
- includes religious or political material which is or is likely to be offensive;
- is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety;
- is of a menacing character;
- is likely to cause annoyance, inconvenience or anxiety;
- is likely to encourage crime, public disorder, violence or hatred;
- is likely to damage public health, safety or morals;
- infringes any copyright, trademark, patent or other intellectual property rights of another person;
- contains any unsolicited or unauthorised advertising or promotional material;
- contains viruses of similar or software of data which is designed to interrupt, destroy, or limit the functionality of any computer software or hardware;
- impersonates any person or misrepresents your relationship with any person; or
- constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);
- download any file that you know, or reasonably should know, cannot legally be distributed in such manner;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site;
- violate any applicable law relating to your use of the Site; or
- collect or store personal data about other Users of the Site.
International Users
These Terms of Service applies when you are using our Services globally. You agree to comply with all applicable laws, rules and regulations regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws from Hong Kong or the country in which you reside.
No Resale of Service
You agree not to sell, reproduce, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Content (as defined below) in any way for any public or commercial purpose without our prior written consent.
Restriction on Use of Content
You acknowledge that the Services may contain information, software, photos, video, text, graphics, music, sounds or other material (collectively " Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.
Modification of the Content or use of the Content for any purpose other than for your use of the Services, including use of any such Content on any other website or networked computer environment, is strictly prohibited. Except as expressly authorized by eCard.plus, you agree not to reproduce, redistribute, sell, modify, rent, lease, loan, adapt, translate, create derivative works based on the Services or the Content (in whole or in part), decompile, reverse engineer, disassemble, or otherwise reduce all or any part of the Services, including the Content.
Trademarks
The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be constructed as granting, by implication, estoppel or otherwise, any license or right to use of our trade names, trademarks, or service marks without our express prior written consent. All goodwill generated from the use of eCard.plus Trademarks will inure to our exclusive benefit. Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to eCard.plus.
Materials Submitted through the Services
You are solely responsible for the content and other materials you Post through the Services or transmit to or share with other users or recipients (collectively, “Materials”). You will not Post any Materials that you did not create or that you do not own all rights, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein.
You agree that if you Post any Materials through the Services, you automatically grant to eCard.plus, its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in an to the Materials, to use, distribute, display, publicly perform, transmit, modify, publish, translate, adapt, redistribute, sublicense and reproduce such Materials to other Users of the Services and to third parties with whom eCard.plus has a relationship. eCard.plus and its designees may, but have no obligation to, remove, edit, block, and/or monitor Materials at any time for any reason, including activity which, in its sole judgment: violates the Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive, illegal, or otherwise objectionable; or violates the rights of, or harms or threatens the safety of Users of the Services.
You acknowledge and agree that eCard.plus may preserve Materials and may also disclose Materials if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce the Terms; (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of eCard.plus, its Users and the public. You understand that the technical processing and transmission of the Services, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to the technical requirements of connecting networks or devices.
Materials Received through the Service
Under no circumstances will eCard.plus be liable in any way for any Content posted by third-parties or at the direction of Users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any sort incurred as a result of the use of any content received, emailed or otherwise transmitted via the Services. You acknowledge eCard.plus does not monitor or exercise editorial control over the Content, however, we reserve the right (but not the obligation) to access or examine any Content and at our discretion move, remove or disable access to User Content which we consider, in our sole opinion to breach any Applicable Law or to be otherwise unacceptable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Links to Other Sites
The Services, our Users, or third parties may provide, links or otherwise direct users to other sites, services, and resources on the Internet or otherwise. eCard.plus has no control over and do not monitor those third-party websites. We do not provide any undertakings, representations, or warranties, and are not responsible for any of those third-party websites, content or resources (or any products, goods or services promoted, referred to or offered on the third-party websites or resources) and we do not endorse any of those third-party websites, services, content and resources. You further acknowledge and agree that eCard.plus shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods, or services available on or through any such hyperlinked site, service or resource.
Indemnity
You agree to indemnify, defend and hold harmless eCard.plus and its subsidiaries and affiliates, from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of or relating to the Services, including without limitation, any Materials sent by you or on your behalf, or promoted through the Services, your use of the Services, your connection to the Services, your violation of the Terms or your violation of any rights of another.
Disclaimer
You use the Site at your own risk. You must evaluate and bear all risks associated with the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content. Except as expressly provided in the foregoing section, the Services is provided on an “as is” and “as available” without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under any Applicable Law. If a jurisdiction does not allow the exclusion of implied warranties mentioned but allows limitations of a certain maximum extent, then we limit our warranties to that extent.
eCard.plus makes no warranty that the Services will meet your requirements, be uninterrupted, timely, secure or error-free; the results that may be obtained from the use of the service will be accurate or reliable; the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations; and any errors will be corrected.
Any material downloaded or otherwise obtained through the use of the Services is done at your own risk and discretion and that you will be solely responsible for any damage to your computer system or equipment or loss of data that results from the download or use of any such material. No information, whether oral or written, obtained by you from eCard.plus or through or from the Services shall create any warranty not expressly stated in the Terms.
eCard.plus does not control or endorse the content, messages or information found on the Services and, therefore, eCard.plus specifically disclaims any liability with regard to the Services and any other actions resulting from your participation in the Services.
Limitation of Liability
You expressly understand and agree that eCard.plus shall not be liable whatsoever for any direct, indirect, incidental, consequential, exemplary damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or any other intangible losses resulting from your access to, reliance on, or use of, or inability to use the Site, whether based on contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
If a jurisdiction does not allow the exclusion or limitation of liability to some of the above limitations set forth above but allows a limitation of a certain maximum extent, then our liability is limited to that extent. If you are dissatisfied with any portion of the Services or with these Terms of Service, your sole and exclusive remedy is to discontinue the use of the Services.
Termination and Account Deletion
We will maintain and continue to provide access to your registered administrator eCard sending account until the 60th calendar days after the service end date of the festival or occasion your order covers, or until you request termination and deletion, or as long as reasonably necessary for the purposes described in the Privacy Policy, whichever is the longer. All the Content associated with the account will also be discarded.
At any time, you can contact us at privacy@eCard.plus to request any privacy right including account deletion.
You agree that eCard.plus, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if eCard.plus believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services, may be referred to appropriate law enforcement authorities.
eCard.plus may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be affected without prior notice and acknowledge and agree that eCard.plus may immediately deactivate or delete your account and all related information in your account and/or bar any further access to the Services. Further, you agree that eCard.plus shall not be liable to you or any third-party for any termination of your access to the Services.
General Provisions
The Terms constitute the entire agreement between you and eCard.plus and govern your use of the Services, superseding any prior agreements between you and eCard.plus with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software, and you represent and warrant that you will comply with all such additional terms and conditions. If any of these Terms are held invalid, illegal or unenforceable by any court or tribunal of competent jurisdiction, it will be severed and the remaining Terms will continue in full force and effect as if these Terms had been made without the invalid, illegal or unenforceable terms.
These Terms and our Privacy Policy, and any other terms and conditions referred to, contain the entire agreement between you and us.
A failure or delay by us to exercise any right or act upon a breach under these Terms will not be a waiver of that right or breach. Any waiver by us of any of our rights or of a breach of these Terms must be in writing, and such waiver is limited to the particular right or breach stated in it.
These Terms will be governed by the laws of Hong Kong. You irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.
Language
These Terms and our Privacy Policy are written in the English language and may be translated into Chinese or any other language. If there is any inconsistency between the English version and any translated version, the English version shall prevail.
Your Privacy
At eCard.plus we respect the privacy of our users. For details, please see our Privacy Policy, located at https://eCard.plus/en/privacy-policy. When we provide the Services to a business User, we process the information on behalf of that business User. In the case of a business User in the EU/UK, eCard.plus is acting as a data processor of any information collected, and our use of that information is governed by our contract with that User including its own privacy policies. We are not responsible for the privacy policies or privacy practices of business Users or other third parties.
Contact Us
If you have any questions or concerns, please contact us at support@eCard.plus.
