 | ACCEPTANCE OF TERMS OF USE Please read these Terms of Use carefully. These Terms of Use govern your access and use of this Site. By accessing or using this Site you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use. The Business Cards Factory reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site. The Business Cards Factory graphic design services are subject to additional terms of use . |
| STANDARD FOR ELECTRONIC TRANSACTIONS The Business Cards Factory is governed by, is obligated to comply with, and fully supports the spirit of the Irish Standard for Electronic Transactions. |
| COPYRIGHTED MATERIALS FOR LIMITED USE This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of The Business Cards Factory, and/or its subsidiaries (referred to herein as “The Business Cards Factory”) or the copyrighted property of parties from whom The Business Cards Factory has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. The Business Cards Factory reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. | The logo design tools provided on this Site employ a limited number of elements, including icons, fonts, colour schemes, and design effects. The Business Cards Factory reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual logo design elements through your creation of a logo design and/or your incorporation of a logo design into one or more products. Other Business Cards Factory customers may use the design tools to create logos that have similar or identical combinations of these elements and The Business Cards Factory does not guarantee that your logo will not have similarities to logos designed and used by other parties. The Business Cards Factory provides no warranty of any kind that logo designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the logo design is legally available for your use and does not infringe the rights of another party. |
| USE OF SITE You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through The Business Cards Factory (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from The Business Cards Factory does not entitle you to use any portion of Content apart from the finished Products as they are supplied by The Business Cards Factory. You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. The Business Cards Factory may terminate its service to customers found to be using The Business Cards Factory to engage in undesirable activities. You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize The Business Cards Factory to produce the Products on your behalf. You may not use this Site to send or use e-cards in any manner that would constitute the transmission of Spam or unsolicited e-mails. You may not use scripting or other programs to automate the creation and/or transmission of e-cards. The Business Cards Factory reserves the right, in its sole discretion, at any time, and without prior notice, to limit the number of recipients to which you may send an e-card and/or limit the number of e-cards that you may send. You may not use this Site to send or use e-cards in any manner that would constitute the transmission of Spam or unsolicited e-mails. You may not use scripting or other programs to automate the creation and/or transmission of e-cards. The Business Cards Factory reserves the right, in its sole discretion, at any time, and without prior notice, to limit the number of recipients to which you may send an e-card and/or limit the number of e-cards that you may send. You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account. |
| TRANSFER OF TITLE The customer agrees that the shipping terms for all printed Products are FOB shipping point and ownership transfers to the customer upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site. |
| INDEMNIFICATION You agree that you shall indemnify and defend The Business Cards Factory and all parties from whom The Business Cards Factory has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products that was not part of the standard Site Content. |
| DISCLAIMER OF WARRANTY THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. |
| LIMITATION OF LIABILITY IN NO EVENT SHALL THE BUSINESS CARDS FACTORY OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT THE BUSINESS CARDS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM THE BUSINESS CARDS FACTORY OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL THE BUSINESS CARDS FACTORY BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORISED USE OF THIS SITE OR ITS CONTENT. |
| SITE FEEDBACK Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to The Business Cards Factory in connection with the operation or content of this Site shall be provided by the submitter and received by The Business Cards Factory on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of The Business Cards Factory. By submitting any such information to The Business Cards Factory, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that The Business Cards Factory shall be free to use such information on an unrestricted basis. | |
PRIVACY PROTECTION The Business Cards Factory recognises the importance of maintaining your privacy. We value your privacy and appreciate your trust in us.
Information Collected: All data is processed and stored in Dublin, Ireland. The information that we collect from you helps us to continually personalise and improve upon your Business Cards Factory's experience. You have the option not to provide certain information, however, withholding information may prevent you from being able to take full advantage of some of our unique web site features. This section of our privacy policy applies to all information collected by or submitted to The Business Cards Factory . When you visit our site, we collect some data about you including your IP address. Your IP address is used for The Business Cards Factory's internal use only and helps us diagnose problems with our server and administer our web site. We also automatically track certain information about your activities on our web site. We use this information to do internal research on your interests and to help us better understand and serve you. This information may include click stream data and what browser you are using. We also store certain types of information when you interact with us on our web site. For example, we use "cookies" and can obtain certain information from your web browser. By transferring these alphanumeric identifiers or “cookies” that your browser creates at our request in an approved and standardised place on your computer, The Business Cards Factory assigns you a unique customer code and records information about your activity on our site. When you visit or return to our site, we read the cookie to identify you as one of our customers and help you recall orders or preferences you have selected. The cookie also enables us to recall your past activities, post your account data, and tailor site elements and special offers to you. The cookie does not retain your billing information, nor does it save any of your confidential information in an explicit fashion. Most Web browsers accept cookies by default, but allow users to reject cookies by changing the browser preferences. If you have set up your browser to reject cookies, some aspects of our site, including our Shopping Cart, will not work properly. We use a third-party advertising companies such as, Avenue A, MyPoints, OnResponse, Colonise.com, Commission Junction, Direct Net Advertising, Advertising.com, CyberBounty, and WebMiles to serve ads on our behalf. These companies may use an action tag, also known as a Web Beacon or a 1 pixel .gif file to track your response to their advertisement and to measure the effectiveness of their advertising or to award incentives or points to their members who respond to their advertisements. By using these Action Tags The Business Cards Factory does not gain access to any of your information collected by these advertisers nor does it share any of your personal information such as your name, telephone number or address with these companies unless the advertiser or The Business Cards Factory otherwise notifies you. Use of Information: To carry out certain business functions, such as order fulfillment or email delivery, we sometimes hire other companies to perform these functions on our behalf. These companies have access to the information needed to perform their functions, but are required to keep it secure and confidential and not use it for any other purpose than completing their contractual requirements to The Business Cards Factory . Any credit card or similar payment information you submit is used in billing for the specific transaction in which the information was submitted unless otherwise disclosed. Payment information is stored for a time on our secure servers to allow the processing of refunds or to respond to customer inquiries. Immediately after the completion of your The Business Cards Factory online transaction, you may be presented with an opportunity to purchase third party products or services that we believe may be of interest to you. These products and services are offered by, and would be supplied by, independent companies not owned or operated by The Business Cards Factory. If you select one of the presented offers, you will be redirected to the site of the third party. Information you provide to the third party and any dealings you have with the third party will be governed by the privacy and other policies of that third party. We will not provide your credit card or other payment details to a third party in connection with one of these offers unless you indicate to us that we are authorised to do so. When you sign up for an account or volunteer information to The Business Cards Factory we require your name and e-mail address. Your e-mail address allows us to contact you with confirmation of your account opening, order confirmations and updates and with your permission, for internal marketing purposes. When placing an order or responding to a The Business Cards Factory survey The Business Cards Factory may also request your shipping address, telephone number, or other demographic information. This information may be combined with other personally identifiable information (such as demographic information and past purchase history) available from our records and other sources. This information will be used to make our future marketing efforts more efficient. With your permission, it may also be used by our marketing partners to bring you offers of interest. The Business Cards Factory may use aggregate, non-personally identifying information for purposes that we deem necessary. For instance, we will use this non-identifying and aggregate information to better design our web site and to share with advertisers for marketing and promotional purposes. However, in these instances we do not disclose anything that could be used to identify you. We do not use or share the personally identifiable information provided to us online in ways unrelated to the ones described herein without providing you an opportunity to opt-out of such operations. With your permission, The Business Cards Factory may occasionally make your name, e-mail address or mailing address available to carefully selected, reputable organisations whose products we think might interest you for the purposes of marketing their products or services to you via e-mail or postal mail. It is possible that in the future The Business Cards Factory or its assets may be acquired by another company. It is also possible that The Business Cards Factory may partner with or purchase another company to continue to do business as a combined entity. In the event that this occurs, it is possible that our customer information may be transferred to the new business entity as one of The Business Cards Factory's assets. The Business Cards Factory reserves the right to disclose account and personal information when we believe such disclosure is appropriate to comply with the law, to cooperate with an investigation of activities claimed to be unlawful, to enforce our Terms of Use, or to protect the rights or property of The Business Cards Factory or others.
How to access or change your information: As a registrant of our site you can access and change your account email address, password, and other account settings and information by logging onto your account and selecting Account Update from My Account.
How to opt-out: You may request deletion of your The Business Cards Factory account by contacting Customer Care at customerservice@thebusinesscardsfactory.com. Please note that some information may possibly remain in our archived records after your account has been deleted. You may also request to be removed from our mailing lists by writing to: The Business Cards Factory Damastown Business Centre Plato Business Park Dublin 15 Changes to this Privacy Policy: This privacy policy was last modified on March 22, 2006. The Business Cards Factory may revise this policy from time to time. If we make substantial changes, we will post those amendments so that you are aware of the changes. |
| SECURE ENCRYPTION We use Secure Socket Layer (SSL) technology, which is supported by the vast majority of modern Internet browsers. SSL works best when you are using the latest 128-bit encryption versions of either Microsoft Internet Explorer or Netscape Navigator. SSL technology represents the highest level of security available on the Internet. It automatically encrypts information traveling over the Internet, verifies the identity of the transacting servers through certificates and digital signatures, and confirms that the integrity of message content is maintained throughout transmission. The Business Cards Factory's minimum requirement for transactions is the standard 40-bit or 56-bit encryption supported by the Internet Explorer 5.0 browser. If you are not using this browser, please refer to your browser's documentation for information on its security features. |
| PASSWORD PROTECTION At The Business Cards Factory , your sensitive information is password protected, adding to the level of security offered by SSL technology. (See Secure Encryption for more information). When you establish an account at The Business Cards Factory, you choose a unique password for your account. You may change the password as often as you wish by going to My Account and selecting "Account Update". |
| PROBLEMS SIGNING IN To ensure protection of your confidential information, we have carefully designed a process to assist you when you have trouble signing in. In most cases, problems signing in result from the submission of an unrecognised e-mail address and/or password. If you are having trouble signing in to our site now, please contact our customer service team @ customerservice@thebusinesscardsfactory.com. |
| ORDER CONFIRMATION The Business Cards Factory sends you an e-mail notice confirming acceptance of each order you place. If you receive a confirmation for an order you did not place, please e-mail us immediately at customerservice@thebusinesscardsfactory.com |
PAYMENT Once the work is completed The Business Cards Factory shall invoice the customer for the quoted value of the work plus any additional charges that have occurred to enable the work to be completed to meet the customer's requirements. GST (Goods and Services Tax) shall be charged on the total invoice amount in line with current GST legislation. All Invoices shall be paid COD unless prior arrangements are agreed with The Business Cards Factory. Any credit arrangements will require an Account Application form to be completed and approved by The Business Cards Factory. Every endeavour will be made to deliver the correct quantity ordered but owing to the difficulty of producing exact quantities, estimates and/or orders are conditional upon a margin of five percent (5%) being allowed for overs or shortages, which shall be charged for or deducted as appropriate.
NON PAYMENT Until the customer has paid all sums outstanding in relation to the goods, title of the goods shall not pass from The Business Cards Factory to the customer. If the customer has not paid all sums outstanding in relation to the goods, if directed by The Business Cards Factory to do so, the customer must forthwith return the goods to The Business Cards Factory.
RISK The goods are at the risk of The Business Cards Factory until delivered to the customer, or collected by the customer. The Business Cards Factory shall have no liability for any loss or damage to the goods when in transit.
LIABILITY To the fullest extent permitted by law, except as provided herein, The Business Cards Factory shall not be liable to the customer in contract or tort for any loss or damage or for consequential loss or damage of any kind arising out of the supply of the goods and/or services, or rising out of The Business Cards Factory's negligence, or in any way whatsoever. The Business Cards Factory's liability for a breach of a condition or warranty implied by Division 2 of Part V of the Act (other than section 69) is herby limited to: 1. In the case of goods, any one or more of the following: a) The replacement of the goods or the supply of equivalent goods; b) The repair of the goods; c) The payment of the cost of replacing the goods or of acquiring equivalent goods; d) The payment of the cost of having the goods repaired; or
2. In the case of services: a) The supplying of the services again; or b) The payment of the cost of having the services supplied again.
The Business Cards Factory will not be liable to the customer for loss, howsoever caused, of any data stored on disks, tapes, compact disks or other media supplied by the customer to The Business Cards Factory. Subject to the previous paragraph hereof, The Business Cards Factory will not be liable to the customer for the damage, loss or destruction of any property of the customer unless the loss or damage has been caused by the failure of The Business Cards Factory to exercise due care and skill in handling or storing such property of the customer.
Force Majeure. The Business Cards Factory will have no liability to the customer for any loss, damage or expense suffered or incurred by the customer because of The Business Cards Factory's failure to observe these terms and conditions, where such failure is occasioned by any cause beyond The Business Cards Factory's reasonable control, including and without limiting the generality to the foregoing by war, insurrection, fires, floods, strikes, lockouts, delays in transport, breakdowns in machinery, the inability or failure of a supplier to supply necessary materials, or prohibitions or other action by any government or semi-government authority, or embargoes.
RETURNS AND REFUNDS Since each order is unique to customer and has no re-sale value, All Sales Are Final. If we verify that we made an error, we will re-print the order. No Refunds or Credit.
Re-Prints: Customer must notify The Business Cards Factory within 5 business days of order acceptance to notify any defects discovered in the ordered product. In order to receive replacement Customer must return 99% of the received product within 30 days (on their own expense) from the time when the ordered product delivery was taken.
All charges related to expedite printing (Rush Printing or Shipping) are NOT REFUNDABLE, including for those orders that are returned for any reason. No Exceptions.
DELIVERY DELAYS The delivery terms made known to the customer are estimates only, and The Business Cards Factory shall not be liable for any late delivery or non-delivery, and under no circumstances shall The Business Cards Factory be liable for any loss, damage or delay occasioned to the customer because of late or non-delivery of the goods. Approximate delivery time is 10 working days.
EXPEDITED DELIVERY Should delivery of work be required urgently reasonable efforts will be made by The Business Cards Factory to secure freedom from defects. However, The Business Cards Factory shall not be held responsible for defects caused as a result of the requirement for such urgent delivery. Should urgent delivery necessitate overtime work or other additional costs being occurred, an additional charge will be made to cover these additional costs.
SHIPPING ERRORS & LOST PACKAGES Lost or damaged claims can only be filed for shipments over €50.00 in value and can only be done after 30 days from package shipment. The Business Cards Factory is not responsible for 3rd party shipping errors, omissions or damaged shipments.
CUSTOMER SUPPLIED INCORRECT ADDRESS INFORMATION When a package is not delivered due to an error made by the customer in submitting the proper shipping address, The Business Cards Factory will reship the package with corrected address and charge an additional shipping fee for the shipment.
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