Terms & Condition of Firacard
Firacard collects some Personal Data from its Users.
1. Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
2. Definitions
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Firacard, a subsidiary of Attic Hall Ltd, a company registered in England & Wales.
By “Firacard” or” Firacard Services” we mean the features and services we make available, including through (a) our website at www.Firacard.com and any other Firacard branded or co-branded websites (including sub-domains, international versions, and mobile versions); (b) our Platform; (c) social plugins; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Firacard reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You using Firacard Services, regardless of the form of that content.
Information means facts and other information about you, including actions taken by users and non-users who interact with Firacard.
Data or “user data” or “user’s data” means any data, including a user’s content or information that you or third parties can retrieve from Firacard or provide to Firacard through Platform.
Post we mean post on Firacard or otherwise make available by using Firacard.
Country refers to: United Kingdom
Goods refer to the items offered for sale on the Service. e.g. a Firacard purchase.
Orders mean a request by You to purchase Goods from Us.
Service refers to the Website.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Firacard, accessible from https://Firacard.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Use means use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
3. Acknowledgement
These Terms and conditions govern the use of Firacard Services and governs our relationship with users and others who interact with Firacard, as well as Firacard brands, products and services, which we call the “Firacard Services” or “Services”. These Terms and conditions set out the rights, responsibilities and obligations of all users regarding the use of the Firacard Services.
Your access to and use of the Firacard Services is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
4. Privacy
See privacy policy.
5. Your Information
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your credit card number, the expiration date of Your credit card, and Your billing address.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
6. Sharing Your Content and Information
You own all the content and information you post on Firacard. In addition:
1. For all content that you post (IP Content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any content that you post on or in connection with Firacard (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
3. When you publish content or information, it means that you are allowing everyone, including people off of Firacard, to access and use that information, including to repost and/or publish the content without restriction, and to associate it with you.
4. We always appreciate your feedback or other suggestions about Firacard, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
7. Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
8. Safety
We do our best to keep Firacard safe, but we cannot guarantee it. We need your help to keep Firacard safe, which includes the following commitments by you:
1. You will not post unauthorized commercial communications (such as spam) on Firacard
2. You will not collect users’ content or information, or otherwise access Firacard, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Firacard.
4. You will not upload viruses or other malicious code.
5. You will not solicit login information or access an account belonging to someone else.
6. You will not bully, intimidate, or harass any user.
7. You will not post any content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
8. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
9. You will not use Firacard to do anything unlawful, misleading, malicious, or discriminatory.
10. You will not do anything that could disable, overburden, or impair the proper working or appearance of Firacard, such as a denial of service attack or interference with page rendering or other Firacard functionality.
11. You will not facilitate or encourage any violations of this Statement or our policies.
9. Registration and Account Security
Firacard users provide their real names and information before having the ability to create a board, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
1. You will not provide any false personal information on Firacard or create an account for anyone other than yourself without permission
2. You will not create more than one personal account.
3. If we disable your account, you will not create another one without our permission.
4. You will not use Firacard primarily for your own commercial gain without our express written consent.
5. You will not use Firacard if you are under 13.
6. You will not use Firacard if you are a convicted sex offender.
7. You will keep your contact information accurate and up-to-date.
8. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
9. You will not transfer your account to anyone without first getting our written permission.
10. If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
10. Protecting Other People’s Rights
We respect other people’s rights and expect you to do the same.
1. You will not post content or take any action on Firacard that infringes or violates someone else’s rights or otherwise violates the law.
2. We can remove any content or information you post on Firacard if we believe that it violates this Statement or our policies.
3. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
4. You will not use our copyrights or Trademarks or any confusingly similar marks, except with our prior written permission.
5. You will not post anyone’s identification documents or sensitive financial information on Firacard.
6. You will not send Firacard contribution invitations to people whom you do not know.
11. Mobile and Other Devices
1. We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.
2. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Firacard.
12. Payments
1. Billing & Refunds. For individual board purchases, you authorize Firacard to charge you the agreed upon fee at time of purchase. For all subscriptions, you authorize Firacard to charge you all fees for the duration of the term agreed to at the time of purchase. Except when required by law, Firacard shall be under no obligation to issue refunds under any circumstances. All fees are non-refundable, even if an individual premium Firacard is not used or a subscription is terminated before its expiration. In the event that Firacard determines that you are entitled to a refund of all or part of the fees you paid, such refund shall be made using the payment method originally used by you to make your purchase.
2. Renewals. Following the expiration of a subscription plan, such plan will automatically renew on the same terms as your original plan purchase. You can disable automatic renewal at any time prior to renewal using your account settings or by contacting your account representative. You expressly grant Firacard the right to charge you for each automatic renewal until you disable automatic renewal.
3. Taxes. Fees do not include any local, state, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, use or withholding taxes (collectively, “Taxes”). Customer is responsible for payment of all Taxes associated with its purchases hereunder (excluding taxes based on Firacards’s net income or property), and any related penalties and interest. Customer will make all required payments to Firacard free and clear of, and without reduction for, any withholding taxes. Customer will, upon Firacard’s request, provide Firacard with official receipts issued by appropriate taxing authorities, or such other evidence as Firacard may reasonably request, to establish that such Taxes have been paid.
4. Credits. Firacard may, at its sole discretion, choose to offer credits for its services, including discount codes or promotional campaigns. Credits are non-transferable and do not have any monetary or cash value. Any credits can only be used to offset fees per the terms and conditions expressly identified by Firacard and, unless otherwise stated by Firacard, shall no longer be redeemable ninety (90) days from the date of issuance.
5. Failure of Payment. If Customer fails to pay fees, in addition to other available remedies, Firacard reserves the right to suspend or terminate access to the Application Services and delete the Customer Content.
Order Cancellation
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
13. Amendments
1. We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
2. Your continued use of the Firacard Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
14. Termination
We respect other people’s rights and expect you to do the same.If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Firacard to you. We will notify you by email or at the next time you attempt to access your account.
15. Disputes
We respect other people’s rights and expect you to do the same.
1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Firacard exclusively in U.K England & Wales Courts, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the United Kingdom, England & Wales will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
2. If anyone brings a claim against us related to your actions, content or information on Firacard, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on Firacard and are not responsible for the content or information users transmit or share on Firacard. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Firacard. We are not responsible for the conduct, whether online or offline, of any user of Firacard.
3. WE TRY TO KEEP FIRACARD UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING FIRACARD AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT FIRACARD WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT FIRACARD WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. FIRACARD IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, FIRACARD’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14. Other
1. If you are a resident of or have your principal place of business in the United Kingdom, this Statement is an agreement between you and Firacard. References to “us,” “we,” and “our” mean Firacard
2. This Statement makes up the entire agreement between the parties regarding Firacard and supersedes any prior agreements.
3. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
4. If we fail to enforce any of this Statement, it will not be considered a waiver.
5. When you start a new Firacard on our primary domain (Firacard.com), you are added to our marketing email list. You can unsubscribe to this list at any point.
6. Any amendment to or waiver of this Statement must be made in writing and signed by us.
7. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
8. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
9. Nothing in this Statement shall prevent us from complying with the law.
10. This Statement does not confer any third-party beneficiary rights.
11. We reserve all rights not expressly granted to you.
12. You will comply with all applicable laws when using or accessing Firacard.
Data storage policy
Firacard data
The data & Content associated with a Firacard will be stored for a minimum of 8 months since the date of the Firacard creation.
At any point after the minimum period, the Company can decide to permanently delete all data and Content associated with a Firacard from the Service. The Company will give a minimum of 10 days’ notice to the Firacard creator and recipient (if Firacard has been sent) prior to this deletion.
Data deletion requests
All of Your personal data is stored in accordance with our Privacy Policy.
10. Protecting Other People’s Rights
We respect other people’s rights and expect you to do the same.
If you wish to have any of your data or Content deleted outside the bounds of our Privacy Policy, please contact us at support@Firacard.com.
Refund policy
We have different refund policies in place depending on whether You are a Firacard creator or a Firacard Collaborator.
For a Firacard creator
We do not offer refunds for a Firacard purchase. Purchasing a Firacard automatically sends it to the recipient so it is considered a completed service.
If You wish to delete a Firacard before it is sent then all collected monetary contributions will be refunded within 24 hours in accordance with our Firacard Collaborator refund policy.
For a Firacard Collaborator
You can only receive a refund of your monetary contribution before a Firacard is sent. You have to delete your message before a Firacard is sent in order to receive a refund.
The refund amount will be the amount You paid minus the transactions fee.
Contributed funds policy
The following policy applies to funds collected by You and held by the Service for the intended Firacard recipient.
When You contribute funds to a Firacard You are buying part of a voucher for the intended Firacard recipient. The full voucher is represented by all of the monetary contributions collected for the Firacard and can be claimed by the recipient when they receive their Firacard.
Each contribution is limited to an amount of 150 of the set Firacard currency unit.
The total amount of monetary contributions of each Firacard may not exceed 300 of the set Firacard currency unit for a classic Firacard and 600 for a premium Firacard.
The funds for all vouchers, minus any transaction charges, are collected and stored in a dedicated Company bank account and used exclusively for transferring to our third-party Gift Card supplier (Tremendous).
The Service and the Company does not treat contributed funds as “Client money” (as defined by the Financial Conduct Authority).
If the intended Firacard recipient does not claim the voucher (represented by the collected funds) in a period of 90 days since they first received the Firacard and they have not responded to the reminders sent by the Company to do so then the Company reserves the right to donate the collected funds to a charity of the Company’s choice.
Firacard recipient policy
The following policy applies to You if You are a Firacard recipient.
Firacard voucher
When You receive a Firacard, which contains contributed funds, You have 90 days to claim the voucher (represented by the collected funds) associated with it. You can claim the voucher as self-issued Merchant Gift Card or, if available, a self-issued Prepaid debit card, supplied by our third-party Gift Card supplier (Tremendous).
If You do not claim the voucher (represented by the collected funds) in a period of 90 days since You first received the Firacard and You have not responded to the reminders sent by the Company to do so then the Company reserves the right to donate the collected funds to a charity of the Company’s choice.
Once you have begun the redemption process and have received instructions on issuing Your Gift Card from our supplier then you are bound by the terms and conditions of our supplier which can be found at https://www.tremendous.com/terms. At that point the contributed funds in Your Firacard are no longer in our possession, We are no longer responsible for them and the service is considered completed.
Once you have used our supplier’s service to issue Your Gift Card then You are bound by the terms and conditions of the merchant or prepaid debit card issuer You have chosen.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Prices Policy
The Company reserves the right to revise its prices at any time prior to accepting an Order.
Payments
All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Content
Your Right to Post Content
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Content Restrictions
The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
Unlawful or promoting unlawful activity
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
Impersonating any person or entity including the Company and its employees or representatives.
Violating the privacy of any third person.
False information and features
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content.
As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Content Backups
Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at support@Firacard.co and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
Your address, telephone number, and email address.
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our copyright agent via email at support@Firacard.co.
Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service.
You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
By email: support@Firacard.com