| Web site terms and
conditions of use
The following terms and conditions govern your use
of the NHS Print.com web site and other services which
may be offered from time to time by NHS Print, Inc.
(each feature individually and collectively referred
to as the "Service"). Please read them carefully.
The Service is offered to you ("You" or
the "User") conditioned on your acceptance,
without modification by You, of the terms, conditions,
and notices contained herein (the "TOS").
The TOS may be modified from time to time by NHS Print
in its sole discretion, and You are responsible for
keeping informed of these changes.
1. Guarantee/Return Policy
NHS print guarantees 100% satisfaction. We want you to be completely satisfied with every item you order from us. If you are not, we will do everything in our power to make you a happy customer. Depending on your specific needs we may reprint your order in full or part, apply a discount on your next order, issue a file credit or in some cases issue a return merchandise credit and refund your money. Our goal is to have you as a customer for life! Please be aware that all merge and mail services must be proofed prior to mailing. It is not possible for nhs print to refund postage or re-mail product, so please proof carefully. Orders may only be refunded/exchanged/reprinted if the product contains an error that is proven to be ours. Please be aware once your approval is given NHS print can not be held responsible for any errors including but not limited to spelling, phone numbers,dates, addresses and any text submitted or provided. Reprints/refunds must be made within 30 days of your original order. A request to cancel should be done by phone (Contact Us) to prevent the job from moving forward in the production process. Because we personalize all products, orders cannot be canceled after the printing phase of your order has begun. Please consider that our cards are designed by real people, who use their talents and spend the time necessary to create each order.
All requests for cancellations after an email proof, fax proof, or the approval of the artwork are subject to a minimum cancellation fee of (15% or $5.00)
If you fail to submit your proof response (for any reason) within 21 days after your order is placed, you will be charged a design/cancellation fee of $20 for the initial proof, plus $5 for each proof revision, solely for the purpose of covering the time necessary to prepare your card.
2. User Privacy
It is NHS Print's policy to respect Your privacy. NHS
Print will not monitor, edit, or disclose any personal
information about You or your use of the Service,
including its contents, without your prior permission
unless NHS Print has a good faith belief that such
action is necessary to: (1) conform to legal requirements
or comply with legal process; (2) protect and defend
the rights or property of NHS Print; (3) enforce
the TOS; or (4) act to protect the interests of its
Users or others. NHS Print may provide certain user
information in aggregate form to third parties, including
its advertisers, for demographics and other purposes.
In addition, your Internet Protocol address is transmitted
with each message sent from your account. For more
information, see the NHS Print Privacy
Statement.
3. User Conduct
As a condition of your use of the Service, You warrant
to NHS Print that You will not use the Service for
any purpose that is unlawful or prohibited by these
terms, conditions, and notices.
The Service is provided to You for your personal and
non-commercial use. You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any
information, software, products or services obtained
from this Service. Any unauthorized commercial use
of the Service, or the resale of the Service, is expressly
prohibited. You agree to abide by all applicable local,
state, national and international laws and regulations
and are solely responsible for Your acts or omissions.
And NHS Print reserves the right at all times to monitor,
review, retain and/or disclose any information as necessary
to satisfy any applicable law, regulation, legal process,
or governmental request.
4. Links To Third Party Sites
The Links Included Within The Service May Let You Leave
The Service Web Sites ("Linked Sites").
The Linked Sites Are Not Under The Control Of NHS
Print And NHS Print Is Not Responsible For The Contents
Of Any Linked Site Or Any Link Contained In A Linked
Site, Or Any Changes Or Updates To Such Sites. NHS
Print Is Not Responsible For Webcasting Or Any Other
Form Of Transmission Received From Any Linked Site.
NHS Print Is Providing These Links To You Only As
A Convenience, And The Inclusion Of Any Link Does
Not Imply Endorsement By NHS Print Of The Site Or
Any Association With Their Operators.
5. Disclaimers/Limitation Of Liability
The information and services included in or available
through the Service may include inaccuracies or typographical
errors. Changes are periodically added to the information
herein. NHS Print and/or its respective suppliers
may make improvements and/or changes in the Service
at any time. NHS Print does not represent or warrant
that the Service will be uninterrupted or error-free,
that defects will be corrected, or that the Service
or the server that makes it available, are free of
viruses or other harmful components. NHS Print does
not warrant or represent that the use or the results
of the use of the Service or the materials made available
as part of the Service will be correct, accurate,
timely, or otherwise reliable.
You specifically agree that NHS Print shall not be
responsible for unauthorized access to or alteration
of your transmissions or data, any material or data
sent or received or not sent or received, or any transactions
entered into through the Service. You specifically
agree that NHS Print is not responsible or liable for
any threatening, defamatory, obscene, offensive or
illegal content or conduct of any other party or any
infringement of another's rights, including intellectual
property rights. You specifically agree that NHS Print
is not responsible for any content included in the
Service by any third party.
NHS Print AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE
FOR ANY PURPOSE. THE SERVICE IS PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. NHS Print AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL NHS Print AND/OR ITS SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE
OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO
USE THE SERVICE OR RELATED WEB SITES, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE
USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
NHS Print OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SERVICE AND ITS RELATED WEB SITES.
6. Indemnification
You agree to indemnify and hold NHS Print, its subsidiaries,
affiliates, officers and employees, harmless from
any claim, demand, or damage, including reasonable
attorneys' fees, asserted by any third party due
to or arising out of your use of or conduct on the
Service.
7. Termination
NHS Print may terminate your access to any part or
all of the Service and any related service(s) at
any time, with or without cause, with or without
notice, effective immediately, for any reason whatsoever.
8. Participation In Promotions Of Advertisers
Any dealings with Advertisers on the Service or participation
in promotions, including the delivery of and the
payment for goods and services, and any other terms,
conditions, warranties or representations associated
with such dealings or promotions, are solely between
you and the Advertiser or other third party. NHS
Print shall not be responsible or liable for any
part of any such dealings or promotions.
9. Proprietary Rights To Content
You acknowledge that content, including but not limited
to text, software, music, sound, photographs, video,
graphics or other material contained in either sponsor
advertisements or electronically distributed, commercially
produced information presented to you by the Service,
by NHS Print, or NHS Print's Advertisers or other
content providers, is protected by copyrights, trademarks,
service marks, patents or other proprietary rights
and laws. You may make a copy of this content for
your personal, non-commercial use only, provided
that you keep all copyright and other proprietary
notices intact. You may not modify, copy, reproduce,
republish, upload, post, transmit, or distribute
in any way content available through the Service
and its associated Web sites, including code and
software.
10. Modifications To Terms Of Service
NHS Print reserves the right to change the TOS or policies
regarding the use of the Service at any time and
to notify you by posting an updated version of the
TOS on this Web site. You are responsible for regularly
reviewing the TOS. Continued use of the Service after
any such changes shall constitute your consent to
such changes.
11. General
This agreement is governed by the laws of the State
of Massachusetts, and the United States of America.
Use of the Service is unauthorized in any jurisdiction
that does not give effect to all provisions of these
terms and conditions, including without limitation
this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists
between you and NHS Print as a result of this agreement
or use of the Service. NHS Print's performance of
this agreement is subject to existing laws and legal
process, and nothing contained in this agreement
is in derogation of NHS Print's right to comply with
governmental, court and law enforcement requests
or requirements relating to your use of the Service
or information provided to or gathered by NHS Print
with respect to such use. If any part of this agreement
is determined to be invalid or unenforceable pursuant
to applicable law including, but not limited to,
the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of
the original provision and the remainder of the agreement
shall continue in effect. Unless otherwise specified
herein, this agreement constitutes the entire agreement
between the user and NHS Print with respect to the
Service (excluding the use of any software which
may be subject to an end-user license agreement)
and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written,
between the user and NHS Print with respect to the
Service. A printed version of this agreement and
of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon
or relating to this agreement to the same extent
and subject to the same conditions as other business
documents and records originally generated and maintained
in printed form. You and NHS Print agree that any
cause of action arising out of or related to this
Service must commence within one (1) year after the
cause of action arose; otherwise, such cause of action
is permanently barred. The section titles in the
TOS are solely used for the convenience of the parties
and have no legal or contractual significance.
12. Language
It is the express will of the parties that this agreement
and all related documents have been drawn up in English.
C'est la volonté expresse des parties que
la présente convention ainsi que les documents
qui s'y rattachent soient rédigés en
anglais.
Copyright And Trademark Notices: All contents of the
Service are: Copyright (c) 2005 NHS Print, Inc. and/or
its suppliers, c/o NHS Print, Inc., U.S.A. All rights
reserved.
Trademarks. NHS Print and/or other NHS Print products
and services referenced herein are either trademarks
or registered trademarks of NHS Print. The names of
actual companies and products mentioned herein may
be the trademarks of their respective owners.
The example companies, organizations, products, people
and events depicted herein are fictitious. No association
with any real company, organization, product, person,
or event is intended or should be inferred.
Any rights not expressly granted herein are reserved. |