Terms and Conditions
Your use of the Website (www.asweetgoodbye.com) is governed by the following Terms and Conditions which are available only in the English language. These Terms and Conditions govern all use of the Website.
If you wish to avail of our services on the Website, you will be asked to register for the purchase of our services. If you choose to do so, you are indicating that you are expressly accepting these Terms and Conditions and you consent to be bound by and to become a party to the electronic version of these Terms and Conditions which govern your relationship with us and you reaffirm this agreement every time you access the Website. If you choose not to register but still access the Website your use of the Website will nonetheless continue to be subject to these Terms and Conditions.
Purchase of Services and Payment Card Use
If you decide to utilize our services you must pay our fee. This fee is in consideration of our promise to attempt to deliver the content you provide to the desired recipient and the desired time you designate or is otherwise indicated through the purchase transaction. If you choose to purchase our services, you are warranting to us that you are legally authorized to use the credit or other payment card for the proposed transaction and that you fully understand this Agreement. While we use a third party payment processor ( such as www.stripe.com or a similar company) to handle the logistics of the financial transaction and any such company utilizes advanced technology for processing secure credit card based transactions and such upgrades as determined by such processor based on advances in the technical development of the online payment process we nevertheless do not accept liability for any damages of any nature resulting from you using your payment card on the Website.
You may request a refund in the form of a credit to your account by contacting customer service with the order number and the reason for your request. Due to the nature of the services being provided, we will be unable to provide a refund or credit to your account after the delivery of the content you provided to the recipient(s) you designated.
We are not liable for any delay or failure in performance under the Agreement resulting directly or indirectly from Acts of God, terrorism or other causes beyond our reasonable control.
We reserve the right to refuse to provide or to suspend and/or terminate a person’s use of the Website at our absolute discretion and with no obligation to provide that person with any reasons for so doing.
To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall we be liable to you or to any person or persons to whom you may instruct us to transmit your content for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the Website, any changes to the Website, any material or data sent or received or not sent or received or for any of the above-mentioned damages that result from the use or inability to use the services provided the Website.
We can take no responsibility for any material placed on or linked to the Website by any customer or any person without authorization.
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to you by the Website, by us, or our advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. No links to the Website are permitted without our prior written consent.
External Website Links
This Website will from time to time incorporate links (Internet hypertext links) leading to web sites which are not under our control. We will accept no responsibility or liability in respect of the material on any web site which is not under our control.
We reserve the right to withdraw or modify the Website and/or the services we provide where we have legal or technical reasons to do so. There may also be times when the Website becomes unavailable, whether on a scheduled or unscheduled basis. For security or other reasons, we may require you to change password or other information which facilitates access to the Website.
Damage To Your Computer
We make every effort to ensure that this Website is free from viruses or defects. However, we cannot guarantee that your use of this Website or any websites accessible through it won’t cause damage to your computer or to any device, including any mobile device, you utilize to access the Website. It is your responsibility to ensure that the right equipment is available to use the Website and screen out anything that may damage it. We shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this Website.
Password / Account Security
You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
Responsibility Of Users
We only provide the Website where our services may be accessed. We do not pre-screen or monitor the material contributed by users. The user must designate someone to contact us to direct us to transmit the content the user provided and to update any email or delivery address for any recipient. Any person who visits the Website acknowledges that we are not and cannot be held responsible in any manner for the behavior of or content provided by Users – be it on the Website or outside of it.
You warrant to us as follows that you are fully and legally entitled to enter into this Agreement and:
- that you have full authority to execute this Agreement;
- that your entering into this Agreement is not illegal in your jurisdiction and you will not use any of our services while located in any jurisdiction that prohibits the use of such services;
- that you are over 16 years of age;
- that all details provided by you to us are accurate and up to date and that you will not take steps to conceal your true identity from us such as by using pseudonyms, false addresses or taking technical steps to conceal your identity or location.
- that you take full responsibility for any content you upload to our Website in connection with the delivery of our services.
- that you understand that we reserve the right to change the format of the content so as to be compatible with devices in use at the time of the designated delivery.
- that you are responsible for contacting us or designating someone to contact us to deliver any content that you have provided to the email address(es) you designate
- that any content you provide is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or injurious in any other way to third parties. Content has to be free of software viruses, political campaign and commercial solicitation.
- That you will not use your access to the Website, or information gathered from it, for the sending of unsolicited bulk email or other communications
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY SERVICES TO BE CONTRACTED FOR BY USE OF OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE
Liability and Indemnification
You agree to indemnify us and our affiliates, officers, directors, agents and employees against any claims, losses or demands made by any third party arising out of your breach of this Agreement, your use of this Website or your violation of any law or the rights of any third party. You acknowledge that we will hold information with respect to your identity, including, but not limited to, your name, address and payment details. You agree that we rely on this information in entering this Agreement with you and you agree to hold us harmless against any falsehood or inaccuracy contained in the information you provide. You agree to indemnify us for any losses, costs or expenses which may be incurred by us as a result of any errors contained in instructions submitted by you, or any unauthorized or unlawful use of the Website.
Without prejudice to other remedies as set out in these Terms and Conditions, we are not liable for any attributable action or conduct or other shortcomings (based on tort for example), unless the shortcoming is due to willful misconduct or conscious recklessness.
You accept the functionality of the Website and the services offered and to be offered are “as is”.
You acknowledge that our Website is a platform on which you can, among others, record last requests. We are not responsible for the fulfillment or even the delivery of these requests. Furthermore, you acknowledge that although those last wishes are deemed legally binding within some jurisdictions, in other jurisdictions those last whishes can be subject to notarization and/or other procedural requirements before being legally binding. It is not our responsibility and we are in no way obligated to follow up the last requests and wishes.
You and anyone purporting to act on your behalf agree to indemnify us against all possible claims by third parties, including all claims arising from the incorrect, incomplete and/or nonperformance of (part of) the last requests and wishes, and the possible illegality thereof.
Changes To This Agreement
We may amend this Agreement at any time by posting the amended Terms on the Website. All amended Terms shall automatically be effective immediately when they are posted on the Website. The continuing use of the Website and our services by a person following such modifications to this Agreement shall constitute acceptance of the new Agreement and you will be bound by such modifications. If you do not accept any such changes then your sole remedy is to cease using our services. You should print off a copy of this Agreement as amended from time to time and retain it for your records.
Any notices or communications under this Agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the address as specified below. If to us, such notices shall be addressed to firstname.lastname@example.org . If to you, such notices shall be addressed to the electronic or mailing address specified in your order form, or such other address as either party may give the other by notice as provided in this section. It is your responsibility to provide an accurate address and to ensure that we are notified of any changes to your address as specified in this section.
If any provisions of this Agreement are held to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that determination shall not affect the validity of the remaining provisions of this Agreement. The headings in this Agreement are for convenience of reference only and do not affect the construction or interpretation of any provision. Notices and other communications delivered or mailed to the postal address or to the electronic mail address provided by you shall, until we have received notice in writing of any different address, be deemed to have been personally delivered once sent. This Agreement shall inure to our benefit and our successors, assigns and agents. We may assign our rights and duties under this Agreement to any of our subsidiaries or affiliates without giving notice, or to any other entity upon prior written notice.
This Agreement and all determinations or disputes that might arise thereunder is governed by the laws of the State of Texas.