Terms of Service

Our Terms of Service

Last updated: November 30, 2021

Bells and Wishes is a product of Xupab Technologies Ltd. (the “Company”, “we”, “us”, or “our”).

By using bellsandwishes.com (the “Site”), You accept these terms of service in full and without reservation. Do not continue to use the Site if You do not agree to take all of the terms of service stated on this page.

Definitions

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.

  • Messages: words, media, emoticons, or anything else uploaded, posted, or added by You to the Site.
  • Sent: any cards created on the Site that have been delivered to the recipient.
  • Service: any services provided by the Company, including the usage of the Site.
  • Scheduled: any cards created on the Site that have been scheduled to deliver to the recipient at a future date and/or time.
  • You ("Your"): 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.

Site Terms

While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, expressed or implied, regarding the accuracy, reliability, completeness availability or suitability with respect to the Site or the information, products, services, or related graphics contained on the Site for any purpose. Any reliance You place on such information is therefore strictly at Your own risk.

You represent that You are over the age of 13. The Company does not permit those under 13 to use 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 data when You use the Site and tells You about Your privacy rights and how the law protects You. Please read our Privacy Policy carefully before using our Service.

We reserve the right to change, suspend or delete Your account on the Site if we note any suspicious or fraudulent activity on the Site. We may change, suspend or delete at our sole discretion without providing You with an explanation. Upon termination, Your right to use the Site and Services will cease immediately.

Any new features or tools which are added to the current Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is Your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

General Conditions

Unless otherwise stated, the Company and/or its licensors own the intellectual property rights for all material on the Site. All intellectual property rights are reserved. You may access this from the Site for Your own personal use subjected to restrictions set in these Terms of Service.

You must not:

  • Republish material from the Site or Service
  • Sell, resell, rent or sub-license material from the Site or Service
  • Reproduce, duplicate or copy material from the Site or Service
  • Redistribute content from the Site or Service

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Use of the Site

Parts of this Service offer an opportunity for users to post Messages and media in certain areas of the Site. The Company does not filter, edit, publish or review Messages prior to their presence on the website. Messages do not reflect the views and opinions of the Company, its agents and/or affiliates. Messages reflect the views and opinions of the person who posts their Message. To the extent permitted by applicable laws, the Company shall not be liable for the Messages or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Messages on the Site.

The Company reserves the right to monitor all Messages and to remove any Messages which can be considered inappropriate, offensive or causes breach of these Terms of Service.

You warrant and represent that:

  • You are entitled to post Messages on our Site and have all necessary licenses and consents to do so;
  • The Messages do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Messages do not contain any defamatory, libelous, offensive, threatening, pornographic, indecent or otherwise unlawful material which is an invasion of privacy;
  • The Messages will not be used to solicit or promote business or custom or present commercial activities or unlawful activity (spam).

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree that Your Messages will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that Your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than Yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments You make and their accuracy. We take no responsibility and assume no liability for any comments posted by You or any third-party.

You hereby grant the Company a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of Your Messages in any and all forms, formats or media.

You understand that any Messages or content you publish can be viewed by anyone, and that you are allowing them to use, reproduce, and edit that content without restriction.

If you become aware of anyone violating any intellectual property or the Terms of Service, contact us at [email protected].

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, You are prohibited from using the Site or its content:

  • for any unlawful purpose;
  • for multi-level marketing or pyramid schemes;
  • to solicit others to perform or participate in any unlawful acts;
  • to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  • to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • to submit false or misleading information;
  • to post anyone's financially sensitive or other sensitive information;
  • in any way that would jeopardize the security of your account (for example sharing your password);
  • to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
  • to collect or track the personal information of others;
  • to spam, phish, pharm, pretext, spider, crawl, or scrape;
  • for any obscene or immoral purpose; or
  • to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate Your use of the Service or any related website for violating any of the prohibited uses.

User Comments, Feedback, and Other Submissions

If, at our request, You send certain specific submissions (for example contest entries) or without a request from us You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that You forward to us. We are and shall be under no obligation:

  • to maintain any comments in confidence;
  • to pay compensation for any comments; or
  • to respond to any comments.

Links to Other Websites

Our Site 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 websites 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 websites or services.

We strongly advise You to read the Terms of Service and Privacy Policies of any third-party websites or services that You visit.

Hyperlinking to our Content

The following organizations may link to our Site without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Site in the same manner as they hyperlink to the Sites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Site.

These organizations may link to our home page, to publications or to other Website information so long as the link:

  • is not in any way deceptive;
  • does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and
  • fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that:

  • the link would not make us look unfavorably to ourselves or to our accredited businesses;
  • the organization does not have any negative records with us;
  • the benefit to us from the visibility of the hyperlink compensates the absence of the Company; and
  • the link is in the context of general resource information.

These organizations may link to our home page so long as the link:

  • is not in any way deceptive;
  • does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and
  • fits within the context of the linking party's site.

If You are one of the organizations that fall into the latter category listed above and are interested in linking to our Site, You must inform us by sending an email to [email protected]. Please include Your name, Your organization name, contact information as well as the URL of Your site, a list of any URLs from which You intend to link to our Site, and a list of the URLs on our Site to which You would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Site as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Site being linked to that makes sense within the context and format of content on the linking party's site.

No use of the Company's logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, You may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Site.

Content Liability

We shall not be held responsible for any content that appears on Your website. You agree to protect and defend us against all claims that are rising on Your website. No link(s) should appear on any website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights

We reserve the right to request that You remove all links or any particular link to our Site. You approve to immediately remove all links to our Site upon request. We also reserve the right to amend these Terms of Service and it's linking policy at any time. By continuously linking to our Site, You agree to be bound to and follow these linking Terms of Service.

Removal of Links From Our Website

If You find any link on our Site that is offensive for any reason, You are free to contact and inform us at any moment. We will consider requests to remove links but we are not obligated to do so or to respond to You directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

“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 expressed, 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 providers makes any representation or warranty of any kind, expressed or implied:

  • as to the operation or availability of the Service, or the information, content, and materials or products included thereon;
  • that the Service will be uninterrupted or error-free;
  • as to the accuracy, reliability, or currency of any information or content provided through the Service; or
  • 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.

We may provide You with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to Your use of optional third-party tools.

Any use by You of optional tools offered through the site is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Billing and Accounting

All purchases are processed by our 3rd party payment processor, Stripe (see their Service Agreement here: https://stripe.com/legal). By completing any purchase You are authorizing the Company to charge You the agreed upon fee at the time of Your purchase.

Refunds are only applicable to Scheduled cards that have not been Sent. You can receive this refund by deleting the card from your dashboard. No refunds will be issued to cards that have already been Sent.

All displayed pricing for marketing purposes are before taxes. You are responsible for the payment of all taxes that are calculated at checkout, if any.

In the case that you find any billing errors, contact us at [email protected] within 30 days of receiving the invoice. If the 30 days have passed, the dispute will be considered null.

Disclaimer of Warranties

We do not guarantee, represent or warrant that Your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to You.

You expressly agree that Your use of, or inability to use, the service is at Your sole risk. The service and all products and services delivered to You through the service are (except as expressly stated by us) provided 'as is' and 'as available' for Your use, without any representation, warranties or conditions of any kind, either expressed or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

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.

To the maximum extent permitted by applicable law, in no event shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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.

Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Personal Data

Your submission of Personal Data through the store is governed by our Privacy Policy. View our Privacy Policy.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after You have submitted Your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Governing Law

These Terms of Service and any separate agreements whereby we provide You Services shall be governed by and construed in accordance with the laws of British Columbia, Canada. Any action relating to the use of the Site and its Services must be brought in the Province of British Columbia, Canada and the parties hereby submit to the exclusive personal jurisdiction and venue of such courts. You may not assign, charge, sub-contract or otherwise transfer Your rights or obligations under these terms, and any attempt by You to do so shall be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising hereunder at any time. No waiver of any term contained herein, whether by conduct or otherwise, shall be effective except in writing signed by both parties.

Your use of the Site and Services may also be subject to other local, state, national, or international laws.

Indemnification

You agree to indemnify, defend and hold harmless the Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of Your breach of these Terms of Service or the documents they incorporate by reference, or Your violation of any law or the rights of a third-party.

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either You or us. You may terminate these Terms of Service at any time by notifying us that You no longer wish to use our Services, or when You cease using our site.

If in our sole judgment You fail, or we suspect that You have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny You access to our Services (or any part thereof).

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is Your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact

Questions about the Terms of Service should be sent to us at [email protected].