Terms of Service

ekarda Ltd Trading as ekarda (“ekarda” “we” or “us”) provides certain services (described below) on or through our website, www.ekarda.com, (together with any related websites operated by ekarda, the “Site”). By using our Site, you agree to the following terms and conditions (the “Terms of Service”). These Terms of Service comprise the entire agreement between you and ekarda and supersede all prior agreements between the parties regarding the subject matter contained herein. In addition, when using particular services on or through the Site, you shall be subject to any posted policies and guidelines applicable to such services, including any terms or conditions applicable to services provided in conjunction with any of our content and service partners. All such rules and guidelines are hereby incorporated by reference into these Terms of Service. If you do not understand or agree with these Terms of Service, please do not use the Site or the ekarda Service (as defined below) and do not register to be a member of the Site. If you have any questions or concerns regarding these Terms of Service, please let us know by emailing us at help@ekarda.com. BY COMPLETING THE REGISTRATION PROCESS OR USING ANY OF PART OF THE ekarda SERVICE (located at ekarda.com), YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use ekarda as long as you adhere to these Terms of Service.

Overview

The Site offers a service that allows you to create and send Business eCards to your contacts. These Terms of Service apply to the ekarda Service. All content and services made available through the Site that were not made available as of the “Last Revised” date above, shall automatically be deemed to be part of the ekarda Service when first made available through the Site.

Eligibility

ekarda is for use by Business users ONLY. The service is NOT available for personal use. Only one trial user per company is allowed. Use of the ekarda Service is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Service. You must be an individual of 18 years of age or older to register or use the Site. Accounts, eCard Credits and Senders are NOT TRANSFERRABLE under any circumstances. You may not purchase eCard Credits and resell them.

Registration

You are required to register with ekarda if you wish to use the Service. In order to register with ekarda you must supply a valid email address, which will be used as a unique identifier for your account, and your name, company, and a password. You are solely responsible for maintaining the confidentiality of your password and account, and agree not to transfer your email address or password, or lend or otherwise transfer your use of or access to the ekarda Service, to any third party. You agree to immediately notify us of any unauthorized use of your account or any other breach of security related to your account or the ekarda Service, and to ensure that you “Logout”/exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. In consideration for using the ekarda Service, you agree to: (1) provide certain current, complete, and accu rate information about you when prompted to do so by the ekarda Service, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration is inaccurate, ekarda reserves the right to terminate your account immediately and your right to use the ekarda Service.You are also solely responsible for any and all activities that occur under your account. You may also be asked to provide certain optional information and/or other requested information.

eCard Credits

In order to send ekarda using this service, you need to purchase eCard Credits (trial users receive 10 free eCard Credits on sign-up). eCard Credit pricing is detailed here: www.ekarda.com/pricing. eCard Credits expire 9 months after the date of purchase.

eCard Senders

www.ekarda.com/pricing. eCard Sender accounts do not expire.

Refunds

If you are not satisfied with the Service, contact ekarda within 7 days of purchasing your eCard Credits for a refund of your unused eCard Credits.

License to Use and Access the ekarda Service

ekarda grants you a limited license to access and make use of this Site and the ekarda Service and not to download (other than page caching) or modify it, or any portion of it, except with ekarda’s express written consent. The foregoing license does not include any resale of this Site, the ekarda Service or its contents; any derivative use of this Site, the ekarda Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This Site, the ekarda Service or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes without ekarda’s express written consent. Use of the ekarda Service that constitutes abuse shall be determined by ekarda, in its sole discretion. ekarda reserves the right to terminate your account if ekarda determines you have not complied with these Terms of Service.

Maximum opens per Card

eCards sent via the ekarda service are intended for use by one (1) recipient per card. ekarda users are not permitted to forward individual eCards to multiple users. ekarda may collect the IP address of different people viewing cards in order to ensure that cards are used according to these terms. ekarda reserves the right to terminate the account and delete any cards sent by users in this fashion without refund.

Restriction on Use of Content

You acknowledge that the ekarda Service may contain information, software, photos, video, text, graphics or other material (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. The entire Content, taken together, is protected under Australian copyright laws as a collective work, and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. Modification of the Content or use of the Content for any other purpose, including use of any such Content on any other web site or networked computer environment is strictly prohibited. Except as otherwise expressly authorized in writing in advance by us, you agree not to reproduce, redistribute, sell, modify, rent, lease, loan, adapt, translate, create derivative works based (whether in whole or in part) on, decompile, reverse engineer, disassemble, or otherwise reduce all or any part of the Site or the ekarda Service, including the Content. The trade names owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the ekarda Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

Materials Submitted Through the ekarda Service

You are solely responsible for any data, text, images, photographs, graphics, video, messages, files, links or any other materials (“Materials”) that are transmitted, posted, or distributed by you through the ekarda Service, including, but not limited to, the contents of your email communications, information, photos or images supplied to ekarda or related materials. All Materials posted/supplied by you, are your sole responsibility. By posting Materials you represent and warrant that you own all right, title and interest to such Materials and any likenesses contained in such Materials. ekarda does not control the Materials supplied by yourself via the ekarda Service and, as such, does not guarantee the accuracy, integrity or quality of such Materials.

Community Standards and Conduct

You acknowledge that all Materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Materials originated. This means that you are entirely responsible for all Materials that you email or otherwise transmit via the ekarda Service. We do not control all of the Materials posted via the ekarda Service and, as such, do not guarantee the accuracy, integrity or quality of such Materials. You understand that by using the ekarda Service, you may be exposed to Materials that are offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Materials, including, but not limited to, for any inaccuracies, errors or omissions in any Materials, or for any loss or damage of any kind incurred as a result of the use of any Materials posted, emailed or otherwise transmitted via the ekarda Service. You agree not to:

• Post, transmit, or otherwise make available, through or in connection with the ekarda Service:
  • Anything that is or may be (a) unlawful, threatening, harassing, degrading, abusive, hateful or intimidating; (b) defamatory; libelous or invasive of another’s privacy; (c) fraudulent or tortious; (d) vulgar, obscene, indecent, sexually explicit, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
  • Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense, including prostitution; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
  • Any virus, worm, Trojan Horse, easter egg, time bomb, spyware, cancelbot, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
  • Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme”, survey, contest, or investment opportunity, or any other form of solicitation, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise).
  • Any Materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
• Use the ekarda Service to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information, including email addresses, about users of the ekarda Service.
• Harm minors in any way.
• Impersonate any person or entity, including without limitation any of our officials, forum leaders, guides or hosts; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make.
• Interfere with or disrupt the operation of the ekarda Service or the servers or networks used to make the ekarda Service available; or violate any requirements, procedures, policies or regulations of such networks.
• Restrict or inhibit any other person from using the ekarda Service, including without limitation by hacking or defacing any portion of the ekarda Service; or disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the ekarda Service or an Interactive Forum are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.
• Use the ekarda Service to distribute or otherwise publish or post any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services without our express prior written consent; or use the ekarda Service in a commercial manner.
• Use the ekarda Service to distribute or otherwise publish or post any material that is pornographic, obscene, contains hate speech, is racist, promotes or encourages violence, is illegal or promotes illegal behavior, violates anyone’s intellectual property rights, or is otherwise offensive or inappropriate as determined in ekarda’s sole discretion.
• Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of or access to the ekarda Service.
• Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the ekarda Service any directory of ekarda’s users or usage information or any portion thereof other than in the context of your use of the ekarda Service as permitted under these Terms of Service.
• Attempt to gain unauthorized access to the ekarda Service, other accounts, computer systems or networks connected to the ekarda Service, through password mining or any other means.
• Remove any copyright, trademark or other proprietary rights notice from the ekarda Service or Content or Materials originating from the ekarda Service.
• Frame or mirror any part of the ekarda Service or Software without our express prior written consent; or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Materials transmitted through the ekarda Service.
• Create a database by systematically downloading and storing content from the ekarda Service.
• Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Content or Materials from the ekarda Service or reproduce or circumvent the navigational structure or presentation of the ekarda Service.
• Engage in any other conduct which, in ekarda’s sole discretion, is considered inappropriate, unauthorized or objectionable.

Unsolicited Commercial Email (UCE) or SPAM

You must not use any feature of the ekarda Service for chain letters, junk mail, or “Spamming” nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement that is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you (“Spam” or “Spamming”) is strictly prohibited by ekarda. If you use any feature of the ekarda Service for the purpose of sending Spam, ekarda reserves the right to immediately terminate your access to the ekarda Service and to seek appropriate legal recourse, as necessary. If you believe that other users are using the ekarda Service for Spam, please notify ekarda using the Customer Support “Contact Us” Form, report abuse by flagging any posting that appears to be Spam for ekarda’s review, or by emailing ekarda at enquirie@ekarda.com.

Product Descriptions

ekarda and its affiliates attempt to be as accurate as possible. However, ekarda does not warrant that product descriptions and other content on this Site is accurate, complete, reliable, current, or error-free.

Violation of Terms by Other Users

These terms apply to all users you enter into your ekarda account.

Indentification

You agree to indemnify, defend and hold harmless ekarda, its parent company, subsidiaries, affiliates, officers, directors, employees, consultants, agents, successors and assigns from any and all third party claims, liability, damages, costs or demands, including, but not limited to, lawyers/attorneys’ fees, arising from (i) your use of the Site and/or the ekarda Service, including, but not limited to, all content therein and any products or services obtained by you through the Site and/or the ekarda Service, (ii) the violation of these Terms of Service by you, (iii) the infringement by you (or other user of the ekarda Service using your account) of any intellectual property or other right of any person or entity; or (iv) your violation of any applicable law or regulation.

DISCLAIMER OF WARRANTIES

WHILST ekarda SERVICE MAKES EVERY EFFORT TO ENSURE THE RELIABILITY OF THE SERVICE, YOU EXPRESSLY AGREE THAT YOUR USE OF THE ekarda SERVICE IS AT YOUR SOLE RISK. THE ekarda SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ekarda EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE OPERATION OF THE ekarda SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THE ekarda SERVICE. ekarda MAKES NO WARRANTY THAT THE ekarda SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE ekarda SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. ekarda MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ekarda SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE ekarda SERVICE OR THAT DEFECTS IN THE ekarda SERVICE WILL BE CORRECTED. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE ekarda SERVICE.

LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT ekarda SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF ekarda HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE ekarda SERVICE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH ekarda; (IV) INACCURACY OF ANY INFORMATION OBTAINED FROM USE OF THE ekarda SERVICE OR RELIANCE ON SUCH INFORMATION; OR (V) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT ekarda IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE ekarda SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.

Termination and Modification of the ekarda Service

You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or use of the ekarda Service, and remove and discard any Materials within the ekarda Service if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. We will also terminate your account upon receiving reliable information involving your violation of any law, and will cooperate with law enforcement agencies on such matters. We may also, in our sole discretion and at any time, discontinue providing the ekarda Service, or any part thereof, with or without notice. You agree that any termination of your access to the ekarda Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account, and/or bar any further access to such files or the ekarda Service. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the ekarda Service. We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue the ekarda Service, including, but not limited to (i) restricting the time the ekarda Service are available, (ii) restricting the amount of use of the ekarda Service permitted, and (iii) restricting or terminating any user’s right to use the ekarda Service, with or without notice; (b) modify and/or waive any fees charged in connection with the ekarda Service; and/or (c) offer opportunities to some or all users of the ekarda Service. You agree that neither we nor any of our affiliates, shall be liable to you or to any third party for any modification, suspension or discontinuance of the ekarda Service, in whole or in part, or of any service, content or feature offered through the ekarda Service.

Jurisdictional Issues

The Site is controlled and operated by ekarda in Australia, and is not intended to subject ekarda to the laws or jurisdiction of any territory other than that of Australia. ekarda does not represent or warrant that the ekarda Service or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Notices

ekarda may give notice to you by email, a posting on the Site, or other reasonable means. You must give notice to ekarda in writing via email or as otherwise expressly provided by ekarda. ekarda may broadcast, distribute or display notices or messages through the ekarda Service to inform you of changes to these Terms of Service, the ekarda Service, the Privacy Policy or other matters of importance. Such broadcast, distributions or displays of information shall constitute notice to you.

Governing Law and Other Miscellaneous Terms

These Terms of Service do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and ekarda. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in Victoria, Australia and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action and you waive any jurisdictional, venue or inconvenient forum objections to such courts. You agree that any claim or cause of action arising out of your use of the ekarda Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any status of limitations or other law to the contrary. Within this period, any failure by ekarda to enforce or exercise any provisions of these Terms of Service or related right shall not constitute a waiver of that right or provision. If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. ekarda may assign these Terms of Service, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense these Terms of Service or any or all of your rights or obligations under these Terms of Service without ekarda’s express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This is the entire agreement between you and ekarda relating to the subject matter herein and may not be modified by you. These Terms of Service will inure to the benefit of ekarda’s successors, assigns and licensees. Without limitation, you agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Copyright and Copyright Notices

We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances, and at our discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information by emailing enquire@ekarda.com:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• 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; and
• a statement by you 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.

Modifications to These Terms of Service

ekarda reserves the right to amend these Terms of Service at its sole discretion and any modifications shall be effective immediately upon posting. We will announce any such change by posting the revised draft of these Terms of Service on the Site. You can determine when these Terms of Service were last revised by referring to the “Last Revised On” legend at the top of this page. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of these Terms of Service or any changes thereto, please do not continue using this Site.

Payment

We accept Visa & Mastercard. In some countries we also accept American Express. All payments are in $US. You must be the owner of the Credit Card used for payments submitted via the ekarda site. If you request a custom eCard – there will be an additional fee payable. Payments for custom eCards must be made prior to you being able to access them via your account.

Trial Users

Trial users receive 10 free eCard Credits. You may sign-up for 1 (one) trial account per person per company.