ProCards
ProCards.com Website Usage Terms and Conditions
Welcome to ProCards.com. By registering or otherwise using the ProCards Digital service and website or accessing any content or material that is made available by ProCards Digital through the Service, you are entering into a binding contract with the ProCards Digital entity indicated below.
Your agreement with us includes these Website Usage Terms and Conditions, the Terms and Conditions of Sale and our Privacy Policy, hereby referred to as ‘the Agreements’. By continuing to browse and use this website, you acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you disagree with, or cannot comply with the Agreements, do not use our website or any services provided.
The terms 'ProCards Digital Limited’, 'us' or 'we' refers to the owner of the website whose registered office is 5 Deer Park, Plymouth, Devon PL21 0HY. Our company registration number is 7292735. The term 'you' refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
1. Content
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
2. Cookies
This website may use cookies to monitor browsing preferences. If you do allow cookies to be used, your information may be stored by us for our use as outlined in our Privacy Policy.
3. Material warranties
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
4. Account
In order to access some of the services available on this website, you will need to register an account. Your registered account can be closed at any time by you or ProCards Digital Limited. When an account is closed, you will no longer have access to some areas of this website.
5. Information usage
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
6. ProCards Digital property
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms and Conditions.
7. Trademarks
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
8. Links
From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
9. Usage
Your use of this website and any dispute arising out of such use is subject to the laws of England, Northern Ireland, Scotland and Wales.
10. User-Generated Content
10.1 ProCards Digital users may post, upload, and/or contribute ‘Content’ to the service including without limitation, information, code, data, text, software, music, sound, links, pictures, graphics, video, chat, messages, files and any other materials. You are solely responsible for all content that you post or publish to ProCards Digital or any of its subdomains. You represent, warrant and agree that no Content submitted by you or through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libellous, defamatory or otherwise unlawful material. You represent and warrant that you have all legal rights necessary to publish any Content on the Web Site or that you own such Content.
10.2 You agree that, with respect to any Content you post to ProCards Digital, that you have the right to post such Content, and that such Content, or its use by ProCards Digital as formalised in the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, or any rights of others or imply any affiliation with or endorsement of you or your Content by ProCards Digital or any artist, band, label, entity or individual without express written consent from such individual or entity.
10.3 ProCards Digital may, without obligation, monitor, review, or edit User Content. In all cases, ProCards Digital reserves the right to remove or disable access to any User Content for any or no reason, including, but not limited to, User Content that, in ProCards Digital’s sole discretion, violates the Agreements. We may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion.
10.4 ProCards Digital is not responsible for User Content nor does it endorse any opinion contained in any User Content. you agree that if anyone brings a claim against ProCards Digital related to content that you have published, then, to the extent permissible under local law, you will indemnify and hold ProCards Digital harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of such claim.
11. User guidelines
The following is strictly forbidden:
- using the ProCards Digital Service to import or copy any local files you do not have the legal right to import or copy;
- circumventing any technology in use by ProCards Digital in our protection of the Content or Service;
- bypassing any territorial restrictions applied by ProCards Digital or it licensors;
- removal or alteration of any copyright, trademark, or other intellectual property notices contained on or provided through the ProCards Digital Service (including for the purpose of obscuring or changing implications as to the ownership or source of any Content); or
- using software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Service or collect information from the Service.
ProCards Digital users must not include any material, when publishing content or registering or using a username, that:
- is abusive, defamatory, pornographic, threatening, or obscene;
- is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of ProCards Digital or a third party;
- includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
- includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
- impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;
- interferes with, or in any way disrupts, the ProCards Digital Service; or
- conflicts with the Agreements, as determined by ProCards Digital.
11.1 You acknowledge and agree that posting any such Content may result in, but is not limited to, the immediate termination or suspension of your ProCards Digital account.
11.2 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
12. Licensing
By Publishing Content to any part of the website, you automatically grant to ProCards Digital, and represent that you have the right to grant to ProCards Digital, a non-exclusive, transferable, worldwide license to use, copy, display, reformat, translate, and distribute in whole or in part such Content and to prepare derivative works of, or incorporate into other works, such Content. This license includes, without limitation, any and all professional names, images, trademarks and logos. You may remove such Content from the website at any time and the license will be automatically revoked.
13. Account security
Your password protects your ProCards Digital account, and you are solely responsible for keeping your password confidential and secure. If your username or password is lost or stolen, or if you believe there has been unauthorised access to your account, please notify us immediately and change your password as soon as possible.
14. Infringement
If you believe that any Content infringes your intellectual property rights or any other rights, you should contact us as soon as possible. If we are notified by a copyright holder that any Content infringes a copyright, ProCards Digital may, at its discretion, take actions to remove the offending content without prior notification to the provider of that Content. If the provider believes that the content is not infringing, they may state their claim by contacting ProCards Digital with a request to restore the removed content.
15. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify and hold ProCards Digital harmless from and against all damages, losses, and expenses of any kind, including reasonable attorney fees and costs, arising out of the following: (1) your breach of the Agreements; (2) any User Content; (3) any activity in which you engage with through the ProCards Digital Service; and (4) your violation of any law or the rights of a third party.
Terms and Conditions of Sale
Definitions and Interpretation
1.1 In these Conditions:
Contract - means any contract for the sale of Goods and/or the supply of services between "us and you" into which these Conditions are incorporated;
Conditions - means the standard Terms and Conditions of sale set out below, including any special Terms and Conditions confirmed in writing by us;
Goods - means the goods and/or services, which we shall supply in accordance with these Conditions, in relation to an accepted order.
We - means ‘ProCards Digital Limited’ or ProCards.com, and "us" and "our" shall be construed accordingly;
You - means the person placing an order for the Goods and entering into the Contract with us and "your" shall be construed accordingly;
1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.
1.3 Unless expressly stated otherwise, where rights and decisions are to be exercised or made at our discretion, then we shall be under no duty or obligation to you to justify or provide a reason for the decision.
1.4 Where our prior written consent is required in these Conditions, we shall not unreasonably withhold or delay in giving that consent.
Basis of Sale
2.1 These Conditions shall set out the entire agreement and apply to all Contracts between us for the sale of Goods.
2.2 All specifications, drawings and particulars of weights, dimensions and performance issued by us are approximate values only and are not intended to form the basis of any Contract.
2.3 We reserve the right to withdraw any offer or special promotions displayed on the website that in the opinion of ProCards Digital is being abused. However, in the event that you have already placed an order that we have accepted we will provide you with a full refund for any money received.
Orders and Specifications
3.1 Your order represents an offer to purchase the Goods, which is accepted by us when we dispatch the Goods to you. All orders are subject to availability and on a first-come first-served basis as unfortunately we are unable to reserve Goods.
3.2 You shall be responsible for ensuring the accuracy of the terms of any order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with these Conditions. As such, ProCards Digital is not responsible for any inaccuracies in the information you submit that result in damages or losses and cannot be held accountable.
Price of The Goods
4.1 The price of the Goods shall be the price confirmed by us at the time the order is placed.
4.2 While we try to ensure that all prices are accurate, errors may occur. If we discover an error in the price of Goods you have ordered, we will inform you as soon as possible and give you the option of re-confirming the order at the correct price or canceling it. If we are unable to contact you, we will treat the order as cancelled. If you have already paid for the Goods and the order is subsequently cancelled, you will receive a full refund.
4.3 In the event that we are unable to supply the Goods at the price, specification or by the delivery date stated in the order, we will, where possible, notify you of any changes in the price or date and where the Goods ordered are not available we may offer you substitute Goods. In the event that the substitute Goods are at a different price, you will be asked to re-confirm your order at the new price. You are not obliged to accept any substitute Goods and will be entitled to receive a full refund for the Goods, which we are unable to deliver or are not acceptable.
Terms of Payment
5.1 If you fail to make any payment on the due date then we reserve the right to: (a) cancel the Contract or suspend further deliveries to you; (b) charge you a reasonable amount of interest (after, as well as before any judgment) on the amount unpaid, form the date the amount was due until payment is made in full, accruing pro rata on a daily basis.
5.2 In the event that a cheque or credit card payment is dishonoured by your bank or credit card provider, they (being your bank, credit card provider or our debt collection company) may charge a fee. Where we incur any fee or liability as a result of a dishonoured payment, you will be liable to reimburse us in full for the amount we have incurred.
5.3 Validation Checks. All credit and charge card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. In addition, in the interests of preventing fraudulent use of credit, debit and charge cards, ProCards Digital Limited will validate the names, addresses and other information supplied during the order process against commercially available records (e.g Electoral Roll data, Credit Reference Services). A third party may also be instructed to complete these checks. By ordering from the ProCards.com website you consent to such checks being made. We may need to contact you by letter, telephone or email to verify details before we are able to process and dispatch your order or we may be unable to accept your order. Any information given may be disclosed to a registered Credit Reference Agency, which may keep a record of the information. All information provided will be treated in accordance with the Data Protection Act 1998 and EU GDPR regulations as expressed in our Privacy Policy. These measures are taken as extra protection for you, to ensure your online shopping experience with us is as safe and secure as possible.
5.4 All card payments shall be taken at the time of order. Where the price of any order is amended in accordance with clause 4.3 above however, a charge for the new amount shall be taken and the original payment refunded. You should be aware that, due to card provider procedure, both transactions shall be debited from your account and a short period of time shall elapse before the refund is processed through your account. We exclude to the fullest extent permitted by law any liability for any additional cost you may incur as a result of this. The rest of this clause 5 shall apply to these further payments where appropriate.
Delivery
6.1 You shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery.
6.2 We aim to provide you with a reasonable date on which the Goods will be ready for collection or delivery. Where we become aware that the date for collection of delivery may be delayed, we shall notify you as soon as possible and aim to provide you with a revised date. We shall not be liable for any loss you incur, whether financial or otherwise, resulting directly or indirectly from our delay or failure to meet the date where the delay is caused by reasons outside of our control.
6.3 If we fail to deliver the Goods (or any instalment) for any reason other than any cause beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to the excess (if any) of the cost to you (in the cheapest available market) of similar Goods to replace those not delivered over the price of the Goods.
6.4 If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery then we reserve the right to store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage or subsequent delivery charges which we may incur.
Risk and Property
7.1 Risk of damage to or loss of the Goods shall pass to you in the case of Goods to be delivered otherwise than at our premises, at the time of delivery or, if you fail to take delivery of the Goods, the time when you have collected the Goods.
7.2 Notwithstanding delivery and the passing of responsibility for the Goods to you, the transfer of the ownership of the Goods shall not pass to you until we have received in cleared funds payment in full of the price of the Goods.
7.3 Until such time as the Goods are paid for in full, you shall be responsible for taking reasonable care of the Goods. Where you fail to pay for the Goods in accordance with these Conditions, we shall be entitled, at any time, to require you to deliver up the Goods to us and, if you fail to do so seek a court order to permit us to enter upon any premises, where the Goods are stored and repossess the Goods.
Your Right To Cancel
8.1 If, for any reason you are unhappy with the Goods, you have the right to contact ProCards Digital Limited within 7 days of receiving the Goods in order to request assistance.
8.2 If you wish to cancel before the Goods are dispatched, you are asked to contact us by email or phone as soon as reasonably possible. If we have not manufactured cards we will endeavour to cancel your order, however it may incur an administration fee.
Promotional Codes
9.1 We may make available promotional codes from time to time. Any use by you of a promotional code in respect of an order shall only be permitted where used by the person for whom it is intended and for a single use.
9.2 Promotional codes are not valid in conjunction with other offers.
9.3 There is no cash alternative available.
9.4 The promotional codes can be withdrawn by us at anytime.
9.5 The promotional offers may be adjusted or altered at any time by ProCards Digital Limited at our discretion.
Media Hosting
10.1 When purchasing Goods form our website that include secure media hosting we will host your material for a period of up to 2 years unless otherwise stated in writing.
10.2 ProCards Digital reserves the right to permanently delete any material or content that has exceeded the expiration date of the contracted hosting period. Where suitable, in accordance with the Agreements, ProCards Digital will notify the user prior to the expiration of their hosting period. Additional hosting periods can be purchased inside your Account area.
Warranties and Liability
11.1 Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by the applicable law. Where the Goods are sold to a person dealing as a consumer, we warrant that the Goods are of satisfactory quality and fit for their normally intended purpose.
11.2 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976, as amended) your legal rights are not affected by these Conditions. Further information on your legal rights can be obtained from Trading Standards or the Citizens Advice Bureaux.
11.3 For all loss or damage which you may suffer or incur in connection with the supply of Goods under this Contract, our liability shall be limited to that caused by a natural and reasonably foreseeable consequence for which we are at fault or negligent, except in respect of death or personal injury caused by our negligence, for which our liability shall be unlimited.
11.4 We endeavour to provide the best service possible, however, you agree that the Service is provided “as is” without any express or implied warranty or condition of any kind. ProCards Digital cannot warrant that the Service is free of malware or other harmful components. In addition, ProCards Digital does not guarantee, endorse, warrant, or assume responsibility for any third party applications, user Content, or any other product or service advertised by a third party on or through the ProCards Digital Service or any linked website. You understand and agree that ProCards Digital is neither responsible nor liable for any transaction between you and third party providers of services advertised on or through the ProCards Digital Service.
11.5 Any advice or information provided to you by ProCards Digital, whether orally or in writing, will not form the basis of any warranty on behalf of ProCards Digital.
General
12.1 Neither party shall be liable to the other or deemed to be in breach of Contract by reason of delay or failure to perform any of that party's obligations if the delay or failure is beyond that party's reasonable control.
12.2 These Conditions do not purport to confer a benefit on any third party.
12.3 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party and delivered to the address provided at the time the order is confirmed or any subsequent or alternative address which one party may notify to the other from time to time.
12.4 Where we do not take action against you for any breach of the Contract, we shall not be prevented from taking action against you in respect of any subsequent breach of the same or any other provision.
12.5 Where any competent authority deems any Condition to be invalid or unenforceable in whole or in part, then the offending part shall be removed and the validity of the remainder of the Conditions shall not be affected.
12.6 The Contract and these Conditions shall be governed by the laws of England, and you agree to submit to the non-exclusive jurisdiction of the English courts.
12.7 We reserve the right to monitor and record telephone calls and email correspondence our staff receive and make, in order to monitor staff performance and ensure the highest service possible is provided to our customers.
12.8 The copyright in all photographs, images, videos, audio and descriptions contained on this website are owned by ProCards Digital Limited, and may not be reproduced without the express consent of ProCards Digital Limited.
Changes to Agreements
At our discretion, we may occasionally make changes to the Agreements. When we make such changes, we will provide notice as appropriate, for example, in a notification email or a notice within the Service. Your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Therefore, please read any such notices carefully. The latest version of ProCards Digital’s Terms and Conditions can always be found at this page.
