TERMS AND CONDITIONS

    Acceptance of Terms.
    Information on how to use One Penny Post forms part of these Terms and Conditions. By creating a postcard and/or opening an account on the One Penny Post Website (http://www.onepennypost.com), you accept and agree to be bound by these Terms and Conditions.

    We may amend the Terms and Conditions without notice to you by posting the changes on our website, and changes will be effective 10 days after being posted.

  1. Personal Details

    If you register as a member your personal details provided must be true and correct. You may update your personal details at any time by informing us by e-mail at webmaster@onepennypost.com.

    One Penny Post reserves the right to deny membership, products and services to any member or visitor to the One Penny Post website. One Penny Post reserves the right to refuse to mail any postcard created by you if One Penny Post considers that the postcard infringes these Terms and Conditions or any law. One Penny Post reserves the right (in its absolute discretion) to cancel your membership and withdraw its services at any time.

    By registering, you are subscribing to One Penny Post's online postcard design, printing and mailing service that allows you to design, print and mail postcards via the One Penny Post postcard service.

    One Penny Post will only use your personal details in accordance with our Privacy Policy.

  1. Postcard Credits

    Postcard credits may be purchased online using your credit card.

    Each time you purchase postcard credits, One Penny Post will record the number you have purchased in your One Penny Post account. You may then use One Penny Post's services, including online storage of your personal images, the online address book and other services, at no additional charge, to design, print and mail postcards, until you have consumed the number of postcard credits to your account, or two years elapse, whichever occurs earlier.

    During the first thirty days after purchasing postcard credits, if you are not satisfied with One Penny Post's services for any reason, you may notify One Penny Post customer support at webmaster@onepennypost.com and One Penny Post will refund to you (by crediting your credit card account) the purchase price of any unused postcard credits remaining from that purchase.

  1. Expiration

    If you do not print and mail the postcards credited to your account within two years of the date of the initial postcard credit purchase, your right to use the balance of those postcard credits will expire and they will be removed from your account. You will not have any right to receive a refund for any of the expired postcard credits.

  1. Free Postcard Credits

    From time to time One Penny Post may offer one or more "free postcards" to its visitors and members. One Penny Post reserves the right to cancel free cards that are not used within 90 days of issue. One Penny Post reserves the right to cancel free cards that are associated in any way with incorrect user information including non-functional email addresses. Generally, such free cards will be removed at the end of the month following expiration of the free card.

  1. Creating a postcard

    One Penny Post is a tool for creating and mailing postcards. To create a postcard you must upload your image using the Òfive stepÓ process. Other than when you use an image or text supplied by us or our licensors, One Penny Post will not be involved in any way with the design or creation of your postcards. We will not routinely screen or review text or graphics before printing and mailing postcards. We cannot control the content of postcards created on our website.

    Postcards must not contain offensive language or imagery, or anything considered as being obscene, pornographic, commercial (advertising/spam), threatening, harassing or defamatory by the management of One Penny Post.

    One Penny Post will automatically print a return address on every postcard that you create using the One Penny Post website. The default return address is the billing address on your credit card unless you modify your return address.

    One Penny Post reserves the right at its discretion to remove and/or decline to store or reproduce any images or other material you upload to the One Penny Post website.

  1. Intellectual Property Rights

    By using One Penny Post you promise and confirm that any image you upload is your original work, or that you own copyright in the image, and it does not infringe the intellectual property rights (including copyright) of any third party.

    One Penny Post is not responsible for the images you choose to upload and use in designing and creating your postcards. We act merely as a passive conduit for your online design, creation, printing, and mailing of the postcards you create on the website.

  1. Liability

    By using One Penny Post you (whether or not you are a registered member), are solely responsible for and assume all liability arising from all postcards that you and any other person using your User ID and password print and mail using the One Penny Post website.

    One Penny Post will not be responsible or liable for any loss, damage or injury suffered (even if caused by negligence) as a result of using the One Penny Post website, except for any liability which cannot be excluded by law.

    One Penny Post agrees to use its reasonable endeavours to maintain the One Penny Post website in a fully operational status without errors. No data transmission over the internet is totally secure. As a result, any personal details or other information, text or images you upload to, or enter into, the One Penny Post website is sent at your own risk.

    One Penny Post reserves the right to forward any photos posted by you (together with your personal details if requested) to the police or other regulatory authorities, where requested by them to do so or to a third party where ordered to do so by a court order.

  1. Problem Postcards

    In this section, Òproblem postcardÓ includes (without limitation) any postcard which One Penny Post reasonably suspects breaches the intellectual property rights of a third party.

    If a third party notifies us of a problem postcard, or if we become aware of a problem postcard created by you, we may review the postcard and take any action with respect to the postcard that we deem necessary in our sole discretion, including, but not limited to, refusing to mail the postcard. The fact that we review a postcard and allow the postcard to be mailed does not mean that: (1) we approve or endorse the content of the postcard, (2) the postcard complies with all applicable laws, or (3) you will not incur any liability or harm arising from the postcard.

  1. Compliance with laws

    When you use the One Penny Post website in any way such as creating, printing and mailing postcards, you must comply at all times with all applicable federal, state and local laws of the country in which you are then situated and all federal, state and local laws of the country/ies to which the postcard(s) is (are) mailed to.

  1. Third Party Promoters

    In the event that the One Penny Post website displays or advertises promotions, services or products which are offered by third parties ("promoters") and you attempt to purchase such products or services or take advantage of such promotions, then unless explicitly stated by One Penny Post, your contractual relationship is directly with that promoter. Should any dispute arise between you and the promoter, One Penny Post will use reasonable efforts to assist you in resolving such dispute but takes no responsibility for its settlement, nor for any loss or damages that you may incur arising from such dispute.

    The One Penny Post Website may contain links to other websites. One Penny Post is unable to, and does not, take responsibility for the content of such websites.

  1. Indemnity

    By using the One Penny Post website, you indemnify and hold One Penny Post, and its subsidiaries, affiliates, officers, shareholders, employees, agents, contractors, vendors, co-branders, suppliers, internet service providers, and partners harmless from any loss, cost, claim, demand or other harm of any kind, including reasonable legal fees, due to or arising out of your use of this website, the use of this website by any person who uses your user name and password, postcards mailed using your user name and password, your breach of any of these Terms and Conditions, your violation of any laws and your violation of any intellectual property rights of another person.

  1. Termination

    One Penny Post, in its sole discretion without notice to you, may: (1) terminate your access to its website or your use of any feature of its website, (2) remove and discard any of your personal details and any images or other content uploaded by you and stored on the website, (3) refuse to mail any postcard, (4) terminate this website, or any feature on the website.

    One Penny Post will not be liable to you or any third-party for any suspension or termination of your access to this website or use of any images or content uploaded to the website; except One Penny Post will refund to you any unused amounts credited to your account following termination.

    One Penny Post Privacy Policy

    We collect personal information on this website. To learn more about how we use your personal details please read our Privacy Policy which forms part of the Terms and Conditions. You agree that we may collect and use your personal information as set out below.

  1. In relation to the personal information provided by you on registration, you agree that One Penny Post may use such information to allow it to perform its business functions and provide services to you.
  2. One Penny Post will only personal information it needs in order to allow it to perform its business functions and provide services to you. One Penny Post will not collect any personal information about you without your prior consent.
  3. If you canÕt provide the personal information One Penny Post reasonably requires, One Penny Post may be unable to provide you with the services you wish to access.
  4. One Penny Post will use your personal information for purposes including (but not limited to):
  • providing you with the One Penny Post services;
  • promoting and marketing One Penny PostÕs current and future services to you;
  • informing you of special promotions and offers, discounts and other matters which One Penny Post considers may be of interest to you;
  • conducting research (including but not limited to client surveys) concerning One Penny PostÕs current and future services; and
  • to improve the operation or navigation of One Penny PostÕs website.
  1. One Penny Post may also use your personal information for other purposes not listed above which will be made obvious to you at the time One Penny Post collects that information from you. One Penny Post may also your personal information for other purposes that may be required or permitted by law.
  1. If One Penny Post uses your personal information for direct marketing purposes, all correspondence sent to you by One Penny Post will give you the opportunity to Òopt outÓ of receiving any further direct marketing correspondence.
  2. In providing you with the services on the One Penny Post website, we may be required to disclose your personal information to our consultants, contractors and service providers performing services including (but not limited to) legal and accounting services, credit reporting, printing and mailing services.
  3. Other than those third parties referred to above, One Penny Post will not disclose your personal information to any other third party unless it has reasonable grounds to believe:
  • you have authorized One Penny Post to do so;
  • your safety, or the safety of others in the community is at risk; or
  • one Penny Post is required or permitted by law to do so.
  1. No data transmission over the internet is totally secure. As a result, any personal details or other information, text or images you upload to, or enter into, the One Penny Post website is sent at your own risk.
  2. You have a general right to access the personal information that One Penny Post holds about you. You may contact One Penny Post to request details of your personal information, or correct any incorrect personal information, by emailing webmaster@onepennypost.com with the relevant request or changes.
  3. One Penny Post may change this Privacy Policy from time to time. If One Penny Post changes this Privacy Policy, it will post a copy of the updated policy on this website and your continued use of this website following that posting will constitute your acceptance of the terms of the updated policy.