Welcome to SendForGood.Com

SEND FOR GOOD LIMITED

www.sendforgood.com - Terms and conditions


1. Definitions

1.1 "Card" means an electronic greetings card, sent by email via the Website

1.2 "Charity" means a charitable organisation which is approved by SFG (in its sole discretion) as a recipient of Donations and selected by the Customer (or, in the event that no specific selection is made by the Customer, by SFG in its sole discretion)

1.3 "Customer" means a user of the Service

1.4 "Donation" means the amount in relation to each Card which will be paid by SFG, on behalf of the Customer, to a Charity

1.5 "Instructions" means any instructions for the use of the Service which may appear on the Website from time to time

1.6 "Payment Service" means the electronic payment service through which a customer pays for Cards (including the relevant Donation)

1.7 "Price List" means the price list published on the Website from time to time setting out the cost and Donation payable for each Card 

1.8 "Recipient" means a person to whom a Customer instructs SFG to send a Card

1.9 "SFG" means Send for Good Limited

1.10 "Service" means the facility by which a Customer may send Cards, the cost of which includes a Donation to a selected Charity, to Recipients at email addresses specified by the Customer

1.11 "Terms" means these terms and conditions as amended by SFG from time to time

1.12 "Website" means www.sendforgood.com or any other website through which SFG may offer the Service

1.13 In these Terms, the singular shall include the plural (and vice versa) and the masculine shall include the feminine (and vice versa)


2. Objective of the Service

2.1 The objective of the Service is to allow Customers to send Cards to Recipients by email and, through the agency of SFG, to make Donations.

2.2 The Service is only available to those Customers whose registration for the Service has been accepted by SFG and who have accepted the Terms.


3. Terms

3.1 All use of the Service shall be subject to these Terms and the Instructions, as published on the Website, from time to time.   Please read these Terms carefully.   By using the Service you confirm your agreement to be bound by the Terms which are in effect at the relevant time.

3.2 The Customer agrees that these Terms may be amended or varied at any time by SFG, at its sole discretion.  SFG shall not be obliged to notify any Customers of any amendments to the Terms or the Instructions and Customers are advised to review the Terms carefully from time to time.

3.3 Where a Customer does not adhere to the Terms, the Customer shall be held responsible for and shall indemnify SFG against any losses or costs, without limit, incurred by SFG as a result of such non-adherence.

3.4 These Terms shall be governed by the law of Jersey and the Customer and SFG submit to the non-exclusive jurisdiction of the courts of Jersey.


4. Sending Cards

4.1 Customers may use the Service to send Cards to Recipients at the email addresses provided by Customers.    

4.2 If a Card is not deliverable because of a spelling error in the Recipient's email address, the Customer will be permitted to correct the original address (on one occasion only) and resend the Card for no extra charge.  Customers will not be entitled to resend the Card to a different recipient.   

4.3 SFG may, but will not be obliged to, refund the cost of any Card (including the Donation applicable thereto) where the Recipient's email address is inoperable or the Card is otherwise undeliverable.

4.4 The Customer understands that the Internet is not a secure or guaranteed communication and delivery system and confirms that he understands the confidentiality, hardware and other risks associated with Internet communications.   

4.5 While SFG will use its reasonable endeavours to send a Card on the date specified by the Customer, it gives no warranty or undertaking that the Card will actually arrive on the specified date.

4.6 SFG shall not be liable for any loss arising by reason of a failure of a Card to reach its intended destination (either on a specified date or at all) or for any interference with or interception or corruption of any Card in transit whether or not resulting from any act or omission on the part of SFG. 

4.7 In the event of any system or technical failure within the Website or SFG's systems or the systems of its agents, which results in the Customer making payment but the Cards being lost or not sent, SFG will permit the Customer to resend the same number of cards, in favour of the same Charity(ies) at no cost.


5. Donations

5.1 A Customer must select a specific named Charity as listed on the Website as the recipient of its Donation(s). 

5.2 The amount of the Donation which will be payable in respect of any Card or Cards shall be as set out in the Price List.  SFG shall hold all Donations as agent for the Customer (until payment is made to the Charity(ies)) and shall at no time become the beneficial owner of such Donations.  

5.3 Once it has received payment of the cost of the Cards and the Donations from the Payment Service, SFG shall calculate the aggregate amount of Donations which are payable to a Charity and shall forward that aggregate amount directly to the Charity monthly, after the verification of that calculation. Where the aggregate Donations due to be paid to a Charity are less than £20, SFG may retain the Donations (as agent for the Customer) until such amount exceeds £20, whereupon the relevant Donations shall be paid to the Charity.   
  
5.4 Once the Customer has completed his order and remitted funds via the Payment Service, the funds shall not be refundable by SFG to the Customer.  If SFG agrees (in its sole discretion) to make a refund to a Customer of the cost of any Card, that refund shall not include the amount of the relevant Donation if the Donation has been paid to the relevant Charity prior to the date of the refund. 


6. Customer's obligations

6.1 Customers may use the Service to send Cards, in good faith, for personal and social purposes only.  The Service must not be used for any purpose which is fraudulent or connected to any unlawful activity.  

6.2 Cards may not include any advertising or other promotional material about the Customer or its business.   The Service must not be used to send any software virus, mass mailings or "spam". 

6.3 Cards may not include any text or message which may be objectionable, indecent, obscene, abusive, offensive, threatening, defamatory  or which might be illegal in any way.

6.4 SFG shall be entitled to disclose any such material (and the email address of the Customer) to the Police  or any other relevant law enforcement agencies at its discretion or where it is required to do so. 

6.5 Customers must not use the Service to send Cards in a way which may harass or cause harm, distress, offence, inconvenience or annoyance to any Recipient.  Should any Recipient request, SFG shall use its reasonable endeavours to prevent any Cards being sent to that Recipient.

6.6 The Customer shall not use the Website in any way which may cause, or is likely to cause, the Website or access to it to be interrupted or damaged in any way.  It is the Customer's responsibility to ensure that any equipment used to access the Website and use the Service is not infected by and is adequately protected against any electronic viruses or other destructive elements which could impair, disrupt or damage the Service or the Website.  SFG shall not be liable for any loss incurred or damage suffered directly or indirectly by any Customer or any Recipient as a result of any virus or other destructive element which may be introduced into the Customer's or any Recipient's computer equipment as a result of the Customer's use of the Service and Website. 

6. 7 The Customer shall not download or modify any part of the Website.   The Website, whether in whole or in part, and including any images appearing on the website, shall not be reproduced, duplicated, copied, sold or used for any commercial purpose without the express written consent of SFG. 

6.8 The Customer is responsible for ensuring the security of any passwords or other information required to gain access to the Website and to use the Service. The Customer should take all necessary steps to ensure the security and confidentiality of his password and if he knows or suspects that the password has become known to another person should change the password as soon as possible.


7. Privacy Policy and Data Protection

7.1 Customers' email addresses may be retained by SFG, and may be used to send Customers information about any new products available from SFG or additional functionality available in connection with the Service.  If a Customer does not wish to receive this information he should remove the tick in the appropriate box on the registration page on the Website.  

7.2 Otherwise, information relating to a Customer will be retained and used for the purpose of providing the Service as requested by the Customer and for ensuring that payment is received for any Cards sent by a Customer.

7.3 SFG may share a Customer's email address with any Charity to whom the Customer chooses to make a Donation, if the Customer agrees that SFG may do so by ticking the appropriate box on the registration page on the Website.

7.4 SFG will not retain the email addresses of Recipients for any longer than is necessary to send Cards to them, as requested by Customers (including where the Customer elects to use the "remind me" facility.  Recipients' details will not be used by SFG for any purpose other than sending Cards to them.

7.5 SFG may disclose Customers' email addresses and Recipients' email addresses to any third party whom it employs as its agent in connection with the provision of the Service (as it may be updated or modified from time to time), the sending of Cards and the making of Donations.  Such agents may, on occasion, be located in countries which do not have the same standard of data protection legislation as applies in Jersey or the European Economic Area and in such a case, SFG will use its reasonable endeavours to ensure that any information which is disclosed to such agents is afforded the same standard of protection which SFG would apply to that information.


8. Availability

8.1 SFG does not guarantee the speed, reliability or resolution of or access to the Service or the Website.   

8.2 Subject to these Terms, SFG will seek (but shall not be obliged) to make the Service and the Website available at all times.   SFG may, at its discretion, suspend or restrict the use or availability of the Service, either generally or to particular Customers, for such period or periods as it sees fit, without notice.  SFG may also withdraw the Service in its entirety.   SFG may conduct maintenance of, or introduce new facilities to, the Website at any time in its discretion and during such maintenance or modification the Service  may be suspended or restricted.  SFG will endeavour to limit the frequency and duration of any such period of suspension or restriction.

8.3 SFG may, but will not be obliged, to suspend access to the Website or the Service with immediate effect if it believes that there has been an unauthorised attempt by any person to gain access to any information or data submitted by Customers through the Website.

8.4 SFG shall have no liability for any losses or damages whatsoever incurred or arising in the event that the Service or the Website is not working properly or is not working at all or is suspended, restricted or terminated or fails for any reason 

8.5 SFG expressly disclaims all liability for any direct, indirect or consequential loss or damage occasioned from any use of or inability to use the Service whether directly or indirectly and whether resulting from any inaccuracies, defects, errors, omissions, technical failure or otherwise.

8.6 The Customer agrees that its use of the Website is entirely at its own risk and that the Customer will be entirely responsible for any resulting damage to software or computer systems or hardware and/or any resulting loss of data.


9. Copyright 

9.1 Except where expressly stated to the contrary, the text, graphics, information and all other content contained on the Website and the photographs, drawings or other images and graphics appearing on any Cards available through the Website, are entirely the copyright of SFG.   All programming and mark-up code generated by SFG is the property of SFG. 


10. Other Websites

10.1 SFG does not accept any liability or responsibility in connection with any third party websites that can be accessed from time to time through the Website and does not endorse or approve the contents of any such site.  Any use of such other websites will be entirely at the Customer's own risk. 


June 2006