Terms & Conditions
Thank you for visiting the limetreemail.com terms and conditions page. These terms and conditions apply to the use of this website.
LIMETREE MAIL LIMITED
WEBSITE TERMS AND CONDITIONS
THIS DOCUMENT SETS OUT THE TERMS AND CONDITIONS ON WHICH LIMETREE MAIL LIMITED PROVIDES YOU (“YOU”, “YOUR”, “USER”)WITH ACCESS TO LIMETREEMAIL.COM (“SITE”) AND ANY OF THE SERVICES LISTED ON THE SITE.
PLEASE READ THESE TERMS VERY CAREFULLY BEFORE USING THE SITE AND ORDERING SERVICES OFFERED BY US. YOU ACKNOWLEDGE THAT BY ACCESSING THIS SITE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT CONTINUE WITH YOUR USE OF THE SITE.
1. ABOUT US AND OUR SITE
Who we are and how to contact us. limetreemail.com is a website operated by Limetree Mail Limited (trading as “Limetree”). We are registered in England and Wales under company number 10787882 and have our registered office at Suite 1, Unit A1 Tectonic Place, Holyport Road, Maidenhead, Berkshire, United Kingdom, SL6 2YE.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us in your order.
About the Site. Our Site allows you to purchase certain products and services made available on the Site from time to time, but the key features available on our Site include:
- the ability to browse and place orders for a range of electronic greeting cards and invitations (“Products”) for the sending to your designated recipient (“Recipient”); and
- personalise the Products with any of your own data, images, video, links or other material or information uploaded to the Site (“Content”);
- asking us to manage the RSVP’s relating to your e-invitation Products,
(together the “Services”).
Accessing the Site as a Recipient. If you are a Recipient who has received a Product from another user of the Services, you will be granted limited access to the Site for the purpose of RSVP’ing to an e-invitation and posting comments. Your access and use of the Site shall be subject to these Terms.
2. THESE TERMS
If you do not agree to these terms, you must not use our Site.
We recommend that you print a copy of these terms for future reference.
Why you should read them. Please read these terms carefully before you submit your Order to us. These terms tell you how we will provide our Services, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.
We may make changes to these terms. We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.
We may make changes to our Site. We may update and change our Site from time to time to reflect changes to our Services, our users’ needs and our business priorities.
We may suspend or withdraw our Site. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
You must keep your account details safe. You may access our Site as a guest or a registered user (“Registered User”).
You are required to become a Registered User in order to purchase any of the Services via the Site. You may become a Registered User of the Site by completing and submitting the online registration form on the Site. By applying to be a Registered User, you consent to us conducting verification and security procedures in respect of the information provided in the registration form. As a Registered User you will be able to access additional features of the Site, including without limitation the opportunity to view records of previous Orders you have placed and save email addresses for future Orders.
Upon the completion and submission of the online registration form on the Site, you shall be sent a verification email (“Verification Email”) to the email address you provided on the registration form. This Verification Email will contain details of how to access the Site as a Registered User. Your contract (“Contract”) with us shall commence on the date we send your Verification Email and will continue until terminated by you or us in accordance with these Terms
As a Registered User, you agree to keep your username and password (“Login Details“) confidential and secure, not use your Login Details with the intent of impersonating another person, not allow any other person to use your Login Details and promptly notify Us in the event there is a breach of security or any unauthorised use of your Login Details.
4. ACCESS TO OUR SITE
Assurances we require from you. By accessing our Site, you warrant that:
- if an individual, you are at least 18 years old. If you are under the age of 18, you should ask a parent or guardian over the age of 18 to enter into these terms on your behalf. As a parent or guardian of someone under the age of 18, you are responsible for ensuring that person’s use of the Site is in accordance with these terms;
- you have capacity to agree to these terms and enter into binding contracts; and
- you are not in any way prevented by law in the country which you are currently located to enter into these terms.
Intellectual property rights. We are the owner or the licensee of all intellectual property rights in our Site (including the Products), and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You are expressly prohibited from:
- reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Site;
- reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Products other than as permitted by the Site for the purposes of fulfilling your Order; and
- removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by us or our licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Limetree Mail Ltd could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to us.
reliance on information on this Site. The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
We are not responsible for third party websites we link to. Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those websites or resources.
User-generated content. This Site may include information and materials uploaded by other users of the Site, including access to community features or functionality. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us using the contact details provided above.
We are not responsible for viruses and you must not introduce them. We do not guarantee that our Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
Rules about linking to our Site. You may link to any page on our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Unless we agree otherwise, you must not establish a link to our Site in any website that is not owned by you other than social media websites.
Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in these terms.
If you wish to link to or make any use of content on our Site other than that set out above, please contact firstname.lastname@example.org.
Uploading content to our Site. Whenever you make use of a feature that allows you to upload Content to our Site, or to make contact with other users of our Site, you must comply with the Content standards set out herein.
You shall not submit to appear on the Site, or on any Product, any information, comments, images, product reviews, third party URL links or other material whatsoever in any format (“User Submissions”) that may reasonably be deemed to be offensive, illegal, inappropriate or that in any way:
- promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harass or advocate harassment of another person;
- display pornographic or sexually explicit material;
- promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
- promote any illegal activities;
- provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
- promote or contain information that you know or believe to be inaccurate, false or misleading;
- engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without our prior written consent; or
- infringe any rights of any third party.
You warrant that any such User Submission does comply with these terms, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
You acknowledge that making a User Submission does not guarantee that such User Submission, or any part thereof, shall appear on our Site or any Product. You agree that we may, at our sole discretion, choose to display or remove any User Submission or any part of the same that you make on our Site.
Any User Submission made to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your User Submission, but you are required to grant us and other users of our Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights You Are Giving Us to Use Material You Upload.
We also have the right to disclose your identity to any third party who is claiming that any User Submission made to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
In the event that you have a dispute with any other user of the Site, you hereby release us from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.
You are solely responsible for securing and backing up your content.
Rights you are giving us to use material you upload. When you upload or post content to our Site, you grant us a non-exclusive, perpetual, irrevocable, worldwide licence to use the User Submissions for the purpose of performing our obligations in these terms and making them available to other users of our Site.
In order to purchase any of the Services from the Site, you shall be required to select and personalise a Product and proceed to the summary page, where you will be able to check and review your selected Product (“Summary Page”).
On the Summary Page, you will be given the option to proceed to our online payment facility in order to make payment for the Services. Such payment will result in you having placed an order (“Order”) for the Services.
You hereby warrant that the information provided to us is true, accurate and correct. You further warrant that you shall promptly notify us in the event of any changes to such information.
6. FORMATION OF ORDERS
After placing an Order, you will receive an e-mail from us acknowledging that we have received your Order (“Order Confirmation Email”). Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to us to buy the Services. All Orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Services have been commenced as applicable (“Acceptance Confirmation”). Our obligation to provide you with your Order will only be formed when we send you the Acceptance Confirmation.
Your Order will relate only to those Services where commencement has been confirmed in the Acceptance Confirmation. We will not be obliged to supply any other Services which may have been part of your Order until the commencement of such Services has been confirmed in a separate Acceptance Confirmation.
7. OUR PRODUCTS
Products may vary slightly from their pictures. The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Products may vary slightly from those images.
8. PROVIDING THE SERVICES
What will happen if you do not give required information to us. We may need certain contextual information from you so that we can supply the Services. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result (e.g. if we are required re-perform the Services because you have provided inaccurate information).
You must provide us with accurate information when placing an Order. The information provided on the Product in your Order will be directly replicated on the Product provided to your requested Recipient(s). We will not be responsible for a failure or delay in supplying the Services or any part of them if this is caused by you not giving us the correct information we need. We will not be liable for any mistake or inaccuracies (e.g. inserting an incorrect date for your event, incorrect Recipient e-mail address, spelling mistakes or punctuation errors).
We may not be responsible if we cannot supply the Services to your chosen Recipient. We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by the Recipient’s inability to receive and/or be notified about the receiving of the Services (e.g. the Recipient’s email address is not functioning correctly or the Services are sent to the Recipient’s junk mail).
No refunds for Order mistakes or inaccuracies. You must check your Summary Page carefully. Mistakes and inaccuracies cannot be corrected once the Services have been provided. We do not provide refunds in respect of Products that contain mistakes or inaccuracies and which has been caused by you providing us with incomplete or incorrect information. For example:
- If you have provided us with an incorrect e-mail address for a Recipient(s) of your Products, you shall be required to pay for an additional Order for the Product to reach that intended Recipient(s).
- If you have provided us with an incorrect location for an event which is the subject of an e-invitation Product, you shall be required to pay for an additional Order for all intended Recipients to receive a Product with the correct event location.
Your rights if we suspend the supply of Services. We will contact you in advance to tell you we will be suspending supply of Services, unless the problem is urgent or an emergency. If we have to suspend the Services we will adjust the price so that you do not pay for Services while they are suspended. You may contact us to end the Contract for Services if we suspend it, or tell you we are going to suspend it and we will refund any sums you have paid in advance for the Services in respect of the period after you end the Services Contract.
9. PRICE AND PAYMENT
Where to find the price for the Services. The price of the Services (which includes VAT and all applicable taxes) will be the price indicated on the Summary Page. We take all reasonable care to ensure that the price of the Services advised to you is correct.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Services’ correct price at your Order date is less than our stated price at your Order date, we will charge the lower amount. If the Services’ correct price at your Order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
When you must pay and how you must pay. To place an Order, you must make payment via our online payment facility. Such payment will result in you having placed an Order.
10. YOUR RIGHTS TO END THE ORDER
Ending your Order with us. Your rights when you end the Order will depend on what you have bought, whether there is anything wrong with the Services, how we are performing and when you decide to end the Order.
Ending the Order because of something we have done or are going to do. If you are ending an Order for a reason set out below, the Order will end immediately and we will refund you in full for any of the Services which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
- there is a risk that supply of the Services may be significantly delayed because of events outside our control;
- we have suspended supply of the Service is for technical reasons, or notify you we are going to suspend them for technical reasons; or
- you have a legal right to end the Order because of something we have done wrong.
Ending your placement of the Order. You may cancel a placed Order (confirmed by our sending of the Order Confirmation Email) at any time before we send the Acceptance Email.
If you would like to cancel an Order, you must confirm your cancellation immediately by emailing us at email@example.com. The title of the email should state “Cancellation of Order”.
Ending the Order because you have changed your mind. Due to the nature of the Services, you agree and consent to the immediate commencement of the performance of the Services before the expiry of the cancellation period under regulation 30 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Regulations”), which is the period ending 14 days after the date of your Acceptance Confirmation (“Cancellation Period”).
In most circumstances we fully perform the Services before the expiry of the Cancellation Period (for example, your personalised Product will be sent to your chosen Recipients immediately following our receipt of payment for your Order) and accordingly you acknowledge and agree that, as set out in regulation 36(2) of the Regulations, you:
- shall not have the right to cancel the Order for Services; and
- waive your rights to cancel under regulation 29 of the Regulations.
If we do not fully perform the Services during the Cancellation Period, you may cancel the services during the Cancellation Period and you may be entitled to a refund, save that we shall make a deduction from the amount refunded as proportionate payment for the Services that have been provided up to and including the date of your cancellation, which we are entitled to charge under the Regulations.
HOW TO END YOUR ORDER WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
Tell us you want to end the Order. To end the Order with us, please let us know by email. Please provide your name, details of the order and, where available, your phone number and email address. We will then inform you whether the services have been fully performed.
Deductions from refunds if you are exercising your right to change your mind. As previously mentioned, we may deduct from any refund an amount for the supply of the Services for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the Order.
When your refund will be made. We will make any refunds due to you within 14 days of your telling us you have changed your mind.
11. OUR RIGHTS TO END THE ORDER
We may end the Order if you break it. We may end the Order for the Services at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; or
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services.
You must compensate us if you break an Order. If we end an Order in the situations set out directly above, we will refund any money you have paid in advance for the Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking an Order.
We may withdraw the Services. We may write to you to let you know that we are going to stop providing the Services. We will let you know at least 14 days in advance of our stopping the supply of the Services and will refund any sums you have paid in advance for the Services which will not be provided.
12. IF THERE IS A PROBLEM WITH THE SERVICES
How to tell us about problems. If you have any questions or complaints about the Services, please contact us. You can write to us at firstname.lastname@example.org.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation.
We are not liable for business losses. If you are a consumer we only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose our liability to you will be limited as set out in these terms.
Our maximum aggregate liability to you. Subject to this clause 13, our maximum aggregate liability to you under or in connection with any Order will be limited to twenty-five pounds (£25.00) or the value of the Order, whichever is the higher.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable); or
- fraud or fraudulent misrepresentation.
Subject to this clause 14:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of revenue, loss of business, loss of contracts, loss of anticipated savings or loss of goodwill, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with your Contract, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited in the aggregate to one hundred pounds (£100.00).
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
How we will use your personal information. We will use the personal information you provide to us:
- to supply Services to your requested Recipient(s);
- to process your payment for the Services; and
- if you agreed to this during the order process, to give you information about similar Services that we provide, but you may stop receiving this at any time by contacting us.
We will only give your personal information to third parties where the law either requires or allows us to do so.
16. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by an Event Outside Our Control.
What we mean by an Event Outside our Control. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
- We will contact you as soon as reasonably possible to notify you; and
- our obligations under this Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects your ability to receive Orders, we will rectify this as soon as reasonably possible after the Event Outside Our Control is over.
You may cancel this Contract if an Event Outside Our Control takes place which prevents you from receiving your Order and you no longer wish to receive your Order. Please see your cancellation rights under clause 10. We will only cancel the Contract if the Event Outside Our Control continues for longer than 6 weeks.
17. TERMINATION OF YOUR CONTRACT
You may terminate your Contract with us at any time by providing notice in writing or by e-mail sent to the postal or e-mail address provided at clause 1, save that you may not terminate your Contract if you have any pending Orders (for example, where you have received a Order Email Confirmation, but we have not provided you with an Acceptance Email).
Provided you have no pending Orders, we may give you notice to terminate your Contract at any time on notice to you.
We may suspend or terminate your access and use of the Site immediately and without on notice to you in the event that:
- third party services and network providers cease to make the third party service or network available to us;
- you fail to comply with one or more of these terms;
- we believe that there has been fraudulent use, misuse or abuse of features and functionalities of the Site (in whole or in part); or
- we believe that you have provided us with any false, inaccurate or misleading information.
18. OTHER IMPORTANT TERMS
We may transfer this Contract to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under this Contract. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this Contract illegal or unenforceable, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
Which laws apply to this Contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.