Funky Cardy Terms & Conditions

These terms of use set out how we work and what you can expect from us. Please read carefully these terms of use which apply to any use by you of the www.funkycardy.com website (the "Site") and any e-cards that you download from it ("E-cards"). By accessing the Site you are agreeing to be legally bound by these terms, which may be updated by us from time to time without notice to you. You should review the Site periodically for changes to these terms.

About Us

The Site is operated and wholly owned by Funky Cardy Ltd, a company registered in England and Wales under no. 06007996, whose registered office is at 19 New Road, Brighton, East Sussex BN1 1UF, England, UK. We specialise in the design and online provision of animated E-cards.

The Site

The Site lists and describes a number of animated E-cards, some of which are accessible to all Site visitors (in preview form only) and some of which are only accessible to subscribing members of the Site ("Members") (in full form), at our discretion. Members are given access to our whole current range of E-cards.

General terms of use

The following terms apply to all Site visitors, including Members and non-Members in relation to any E-cards accessible to them via the Site.

  • The Site including all E-card downloads or other content provided by us to you (together "Content") are protected by our/our licensors' intellectual property rights, including but not limited to copyright and trade marks.
  • Except as expressly authorised by us, you may not copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute, communicate or make available to the public or create derivative works of any Content, in whole or in part.
  • All Content is subject to change without notice.
  • You must not cause the Site to be displayed in a frame of another website.
  • Your access to any of the Content on the Site is subject to availability and is provided on an 'as is' basis without any warranties. You accept that we are not making any representations as to the quality or content of our Site and agree not to rely on any information published by us. Any such reliance shall be at your sole risk.
  • The Site may provide links to other web sites or resources. As we have no control over such sites and resources, we are not responsible for the availability of such external sites or resources, do not endorse and are not liable for any content, advertising, products, or other materials on or available from such sites or resources. Any dealings by you with any third party on or through the Site shall be solely between you and that third party and, so far as permitted by law, we shall not be liable for any loss or damage which you may incur as the result of any such dealings.
  • In making this Site available, no client, advisory, fiduciary or professional relationship is implicated or established between us.
  • So far as permitted by law, and except in respect of death or personal injury arising from negligence, our liability for loss or damage of any kind resulting from the use of the Site or any Content, advertisements or products provided or distributed through the Site including, without limitation, economic loss or any special, indirect, incidental or consequential loss or damage, whether or not the possibility of such loss has been notified to us shall be limited to the value of the fees paid by you in relation to your Membership. The foregoing will apply whether such loss or damage arises in contract, negligence, under statute or otherwise.
  • We reserve the right to suspend the Site at any time for operational, regulatory, legal or other reasons.
  • We may terminate your use of the Site with immediate effect if you breach any of these terms.

Membership terms

  • You can subscribe to the Site to become a Member by following the online instructions on the Site and by paying the annual membership fee.
  • If you are under 14 years of age, please do not apply for Membership without the permission and involvement of your parent or guardian.
  • You can pay the fee via Worldpay. No other payment methods are accepted.
  • Once your payment has been processed, your membership will be activated: You will be taken back to the Funky Cardy Log-In page where you can log in with the email address and password you used to join and you will be able to start using our service.
  • From the Members' area you will be able to select your chosen E-card and input your message and the recipient's details into the "Send E-card Form". When you are happy with the card, simply press send. We will then automatically send your recipient an email to let them know that there is an E-card waiting for them on our Site. This email will have a link for them to click on which will take them straight to the E-card on our Site. Please note that at no time will a recipient or Member be able to download an E-card to send on or forward to others.
  • All use and adaptation of our E-cards as described above shall be on a non-exclusive basis and our E-cards will be available to all Members to use on multiple occasions.
  • Your Membership of the Site is personal to you and you must not share your access with anyone else. Your log-in details are confidential and you must not disclose them to any third parties. If you think that someone else may have seen your log-in details, then these details can be changed in the Control Panel once you have logged on.
  • You may renew your Membership each year by paying the annual fee. We will send you an email before your Membership expires to remind you to do this. If you do not renew your Membership before the anniversary, it will automatically expire and your log-in details will no longer work. You can become a Member again at any time by repeating the subscription process. If your subscription expires, any cards scheduled to be sent beyond your membership period will not be sent.
  • Your access to E-cards is entirely dependent on you having a valid email address. Please keep your details up-to-date, to maintain your ability to use the Site effectively and to enable us to send you renewal reminders or other information relevant to your Membership.
  • You can access our E-cards via desktop and laptop computers for which they have been optimised. We cannot guarantee that our animations can be viewed on mobile devices: Our animated Ecards are Flash movies and currently Apple mobile devices plus some other mobile devices do not support Flash and therefore will not display our ECard animations.
  • You have the right to cancel your subscription within 7 days from the day you join our service and a refund will be given, at the sole discretion of the management, depending on your service usage within that period. If you wish to cancel your subscription, simply email us via our Contact page and we will arrange, where a refund is applicable, for this to be repaid to your original payment card. Beyond that timeframe, if you wish to terminate your Membership, you can simply stop accessing the Site. Your membership will automatically expire if you do not return to our site and renew it at the end of your Membership period.
  • Please only send E-cards to people that you think will appreciate receiving them. You must not use the Site to:
    • Infringe any third party intellectual property rights;
    • To publish any libellous or otherwise harmful, hurtful or unlawful material;
    • Send unsolicited bulk or automated messages; or
    • For any commercial or business purposes whatsoever.
  • The service will only work if you input a valid email address at the appropriate stage in the online process. We do not guarantee that the E-card notification will reach the intended recipient correctly or that our Site will be functional for any set period of time.
  • We do not guarantee that any minimum number of E-cards will be available for download. Our E-cards take significant time to develop and we are a relatively small studio. Our main aim is to ensure that we provide quality Content.
  • We reserve the right to limit the number of E-cards that you may send through the Site at our sole discretion and for any reason. If you are purchasing E-cards as a consumer, nothing in these terms shall be deemed to have affected your statutory rights.
  • If you breach these terms of use, you agree to indemnify and hold harmless us and our associates and licensors against any losses, damages and costs including reasonable legal fees incurred relation to any claim or allegations so arising. We may, at our discretion, assume defence and control over any such matter.

Privacy Policy

We respect your privacy. Your contact information and certain other information about you is subject to our Privacy Policy

General Information

These terms constitute the entire agreement between you and us.

Any failure by us to exercise or enforce any provision of these terms shall not constitute a waiver of such provision.

These terms and the relationship between you and us shall be governed by the laws of England and any dispute will be decided by the English courts.

Funky Cardy Ltd

Company Details

Our registered company address is:
Funky Cardy Ltd
19 New Road
Brighton
UK
BN1 1UF
Company Registration Number: 06007996
Please do not send mail to this address.

Postal Address: 3 Westland Place, London, N1 7LP   Tel:+44 7732 029176  support@funkycardy.com
If you need to contact us with any queries...for the quickest response:
Email us via our Contact Page