1.1. Please read these terms and conditions carefully before using our Website (the "Website") and entering into an agreement with oncei'vegone limited ("us”, "our” or "we”). By clicking on the "I accept” button you agree to be legally bound by these terms and conditions.
1.2. If you do not wish to be bound by these terms and conditions then you may not use our Website.
2. Nature of our Website
2.1. Our Website is designed as a place for you to leave messages, to make gifts, to store information (the "Services") and to find information/links to other services provided by third parties which may be of interest to you. You will be providing us with information that you wish to share with others as part of the Services and so please give careful thought to this.
2.2. Any gifts that are intended to be made by you as the result of using our Services are subject always to the provisions of a will made by you or in the absence of a will the provisions of intestacy in the relevant jurisdiction and unless you make a will that is valid and compliant with the necessary laws of your country of residence that reflects your wishes in making gifts via our Services then there is the risk that it will not be legally possible to make such gift(s).
2.3. Any appointment of activators that you might make and any control that they have over making gifts is subject always to the provisions of a will made by you and the executors appointed by that will or in the absence of a will the provisions of intestacy in the relevant jurisdiction and unless you make a will that is valid and compliant with the necessary laws of your country of residence that reflects the appointment of your activators then there is the risk that the activators will not have the authority to make gifts.
2.4. We shall have no liability to your estate, any person that is named as an activator or the intended recipient of any gift(s) or any intended heir under any will or law of intestacy.
3. Information you provide to us
3.1. You authorise us and any subcontractor to use store or otherwise process any personal information that you provide in relation to you and any other person including but not limited to names and addresses for the purpose of carrying out the Services.
3.2. You must own or have the right or permission to submit any content or email addresses or contact details provided to us for publication on our Website or as the result of any of the Services and all content submitted by you must be legal honest decent and truthful and comply with all applicable laws, regulations, standards and/or codes of practice.
3.3. You agree to fully indemnify us and keep us indemnified against any third party bringing a claim against us for the processing of their personal data in order to carry out the Services.
3.4. You must ensure that all content submitted to us does not infringe the copyright design privacy publicity data protection trade mark or any other rights of any third party, nor be obscene abusive threatening libelous or defamatory of any person or be otherwise unlawful.
3.5. You must ensure that the content does not advertise or otherwise solicit for funds or is a solicitation for goods or services.
3.6. We are not responsible for the content shared by you or by others and some is encrypted so we can't read it but we have the right to monitor content and may edit, reject or remove content or not send messages if we believe it does not comply with these terms and conditions.
3.7. You grant us a non exclusive, irrevocable, royalty free, worldwide licence to publish all content that you submit to us except any portion of the content that is personal information. You have sole responsibility for the content which you submit to us and you shall indemnify and shall keep us fully indemnified from and against all actions claims losses liability proceedings damages costs expenses loss of business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of content submitted by you to us.
3.8. You warrant and undertake that you will not use our Website for any purpose that is illegal or prohibited by these terms and conditions, including without limitation the posting or transmitting of any libelous, defamatory, inflammatory or obscene material. We reserve the right to deny access immediately and without notice to any person who fails to comply with these terms and conditions.
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, e-mail verification and password that may be given to you or selected by you for use on our Website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our Website that comes to your attention.
5. Online Materials and Your Location
5.1. Unless otherwise specified all content and materials published on our Website are presented solely for your private, personal and non-commercial use.
5.2. Our Website is controlled and operated by us from our offices in England. Where content published on the Website is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content, except for content which relates directly to Services you purchase. You assume total responsibility and risk for your use of our Website and use of all information contained within it.
5.3. We have used our best endeavours to ensure that our Website complies with UK laws. However, we make no representations that the materials on our Website or our services are appropriate or available for use in locations outside the UK. Those who visit our Website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our Website and/or viewing of it, or use of any material or content on our Website or Services, or products offered through our Website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our Website or Services and you must exit immediately.
5.4. We make no representations and give no warranties, express or implied that making the Services available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if using the Services or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Services are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Services.
5.5. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the use of the Services by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
6. Data Storage
6.1. We will keep your information stored securely but may sub-contract the provision of hosting and server space from third parties but the servers are in the UK and by accepting these terms and conditions you consent to this.
7. Copyright and intellectual property rights
7.1. The contents of our Website are protected by UK and international copyright, trademark and other intellectual property laws. We or third party licensors are the owner of these rights. All product and company names and logos mentioned in our Website are the trade marks, service marks or trading names of their respective owners, including us. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our Website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so.
7.2. Oncei've gone is our trading name and is protected by intellectual property laws designed to prevent copying, trademark infringement and passing off and you may not use our name for any purpose without our prior written consent.
8.1. The contents of our Website are protec We make no representations whatsoever about any other websites which you may access through our Website or which may link to our Website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and we shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
8.2. We have selected and attempted to vet the third parties that advertise their services on our Website but you should undertake your own enquiries and checks to see if they are suitable for the provision of the respective service to you prior to entering into an agreement with them. We are not responsible for and exclude all liability in relation to any agreement between you and any such third parties.
9.1. We exclude to the fullest extent permitted by law all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products (including without limitation the Services), our Website or any information or service provided through our Website.
9.2. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Website and is compatible with our Website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
9.3. You acknowledge that, except for death or personal injury arising from our negligence, we exclude and disclaim all liability for any indirect, special, unforeseeable, incidental, loss of profits or consequential loss or damage whatsoever or howsoever caused whensoever and howsoever arising in connection with the Website or the Services, their use or otherwise.
9.4. We may be liable to you for reasonable and foreseeable losses arising as the result of our negligence or otherwise in which case we expect our liability to be limited to the loss suffered by you for damage to tangible property.
9.5. The limitations and exclusions in this clause do not affect your non-excludable statutory rights as a consumer and only apply to the extent permitted by applicable law.
10.1. You may terminate this agreement and close your account at any time. If you give us notice that you wish to close your account then you accept that we will need a reasonable period of time in which to delete all of your data files and account.
10.2. We may terminate this agreement and close your account at any time at our discretion by serving notice of this to you at your email address and we may chose to do so (without limitation) if you are not complying with these terms and conditions or using our Services in a manner other than for which they are intended.
10.3. Oncei'vegone Limited is a company registered in England and Wales with company registration number 06648968 whose registered office is at c/o 9 Hilgrove Road Newquay Cornwall UK TR7 2QY.
10.4. We may alter these terms and conditions from time to time and post the new version on our Website, following which all use of our Website will be governed by that version. You must check the terms and conditions on the Website regularly.
10.6. If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
10.7. These terms and conditions and your use of our Website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
10.8. Neither you nor we will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control including without limitation local laws, wills or the law of intestacy.
10.9. Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
10.10. These terms and conditions do not confer any rights on any third person or third party (including without limitation activators or recipients of gifts or in any way related to the provision or receipt of the Services) pursuant to the Contracts (Rights of Third Parties) Act 1999.
11. Availability of and modifications to the Website
11.1. We will try to make our Website available but cannot guarantee that our Website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
11.2. We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our Website or the content or services available through it, including your access to it.
12.1. All notices shall be given to us via e-mail at [email protected] or by post to our registered office set out in clause 10.3 and to you at either the e-mail or postal address you provide during any ordering process. Notice will be deemed received when an e-mail is received (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or in the case of a letter 3 days after the date of posting.
Please click on the 'I Accept' button to confirm your acceptance of these terms and conditions.