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Please read these conditions carefully before using Forwardsafe's Services. By using Forwardsafe's Services, you signify your agreement to be bound by these conditions. We offer a wide range of Services, and sometimes additional terms may apply. When you use an Forwardsafe, you will also be subject to the terms, guidelines and conditions applicable to that Forwardsafe Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
When you use any Forwardsafe Service or send e-mails to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, or by posting e-mail messages or communications on the website or through the other Forwardsafe Services, such as our Message Centre. For contractual purposes, you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
Subject to your compliance with these Conditions of Use and applicable Service Terms and your payment of any applicable fees, ForwardSafe or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Forwardsafe Services. This licence does not include any resale or commercial use of any Forwardsafe's Services or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Forawrdsafe Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Forwardsafe or its licensors, suppliers, publishers, rights holders, or other content providers. No Forwardsafe Service, nor any part of any Forwardsafe Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Forwardsafe without our express written consent. You may not use any meta tags or any other "hidden text" utilising Forwardsafe's names or trademarks without our express written consent. You may not misuse the Forwardsafe Services. You may use the Forwardsafe Services only as permitted by law. The licences granted by Forwardsafe terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own Forwardsafe account to use certain Forwardsafe Services, and you may be required to be logged into the account.. If you use any Forwardsafe Service you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access your information in the settings section of the website. Please see our Protecting Your Privacy Help Page to access your personal information. You must not use any Forwardsafe Service: (i) in any way that causes, or is likely to cause, any Forawrdsafe Service, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety. We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Conditions of Use or any other applicable terms and conditions, guidelines or policies.
Visitors may post reviews, comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not, in the absence of a valid notice form, the obligation) to remove or edit such content. If you believe that any content on or advertised for sale on any Forwardsafe Service contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on any Forwardsafe Service, please notify us by emailing us on the appropriate email and we will respond. If you post customer reviews, comments, customer questions or answers, or other content generated by you for display on the website (including any images, video or audio, all together "content", you grant Forwardsafe (a) a non-exclusive, royalty-free licence to use, reproduce, publish, make available, translate and modify such content throughout the world (including the right to sublicense these rights to third parties) and (b) the right to use the name that you submit in connection with such content. No moral rights are transferred by this provision. You may delete your content from public view or, where such functionality is offered, change settings so that it is only shown to people to whom you grant access. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Forwardsafe for all claims brought by a third party against Forwardsafe arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content (Notice Form) arising out of or on the grounds of, or originating from the content that you have communicated to us.
We will do our utmost to ensure that availability of the Forwardsafe Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to Forwardsafe Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. Forwardsafe will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Forwaradsafe Services. We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control. The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights. Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.