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|Terms & Conditions|
The below text constitutes the terms and conditions regulating the use of GreatGoodbye.com. Please read the following terms and conditions carefully. If you do not agree with its contents, please leave the GreatGoodbye.com website.
In order to be able to use the services offered by this portal each User shall set up an account (“User account”) providing basic personal information: correct email address, sex, date of birth and country of origin. This data is used solely for statistical purposes. Registration with the portal constitutes the acknowledgement, understanding and approval of these terms and conditions by the User.
1. Should any abuse with regards to the User account be observed (such as: unauthorized login attempt, an attempt to use the portal in a way not in accordance with the laws etc) GreatGoodbye.com portal reserves the right to limit the access to and/or delete the User account without giving any reasons or prior notice.
2. The User account may not be “shared” and/or used by more than one person.
3. The User is obliged not to disclose the contents of his/her emails or the password to the system.
4. The User is obliged to comply with the local laws applicable in the place of his/her residence.
5. The User hereby agrees not to use the portal in violation of the existing laws and, in particular, not to:
- Write untrue, offensive and/or harmful messages, messages that could violate the privacy of other persons, obscene messages, messages commonly considered as vulgar.
- Place any messages, pictures and movies violating any commercial or intellectual laws on the portal.
- Place any materials including malicious codes (e.g. viruses), that could cause harm to the servers and/or computers of the other users, on the website.
- Attempt an unauthorized access to the resources of the website.
6. The User is obliged to prepare (in advance) emails to the relatives/closest persons and to provide correct email addresses. The correctness of the email addresses is not verified by the website therefore it is the User’s responsibility to provide the correct information.
7. The User is obliged to settle the amount of the fee for the chosen service option as per the website fee schedule immediately upon purchase. In the case of non-payment, GreatGoodbye.com reserves the right to be released from sending out the emails.
8. The User is obliged to print out the codes activating the sending out of the messages. The User is obliged to pass them over to a relative or another close person (“Trustworthy Person”) as well as to instruct such Trustworthy Person on the consequences of an early provision of the codes in our system.
9. The User hereby acknowledges that he/she is liable for any damages caused by the sending out or any results of the sending out of the emails.
1. GreatGoodbye.com is obliged to treat the contents of the emails as confidential (the storage of the emails and their contents shall be coded) and to use its best efforts to maximize the level of security.
2. GreatGoodbye.com shall not monitor, edit or reject the contents of the emails prepared by the Users. Third parties will only be able to access the data in the case of a court summons.
3. GreatGoodbye.com reserves the right to delete the User accounts without giving any reason or without refunding any costs.
4. The User, and not GreatGoodbye.com, shall be fully responsible for the correctness, legality and compliance of the emails with these terms and conditions as well as with the applicable law.
5. GreatGoodbye.com shall not be liable for the contents of the Users’ emails or for any results of the sending out of the emails. GraveMessage .com acts only as an intermediary in the sending out of the messages.
6. GreatGoodbye.com shall use its best efforts in order to assure correctness and continuity of the messaging system, however it shall not be liable for any incorrect performance of the system or any result thereof.
7. GreatGoodbye.com shall not be liable for the “early” sending out of the emails. In view of the fact that it is the User, and not GreatGoodbye.com, who chooses the Trustworthy Person who should activate the sending out the emails in the appropriate moment, GreatGoodbye.com shall not be liable for the actions of such Trustworthy Person or for any consequences of such actions.
8. GreatGoodbye.com is obliged not to send out the messages prepared in the case the activating codes are not provided.
9. The sum of any claims towards GreatGoodbye.com cannot exceed the amount of the fee that the User was obliged to pay in order to activate the account, reduced by the sum of the costs arising out of the securing and storing of the messages and the data of the User.
10. GreatGoodbye.com reserves the right to send out messages to the Users in order to provide them with essential information regarding the activity of the company.
11. The provision of the activating codes on our website will be understood as the will to send out the messages prepared by the User. GreatGoodbye.com is not obliged to verify whether the provision of the codes is indeed justified.
12. GreatGoodbye.com shall not bear any liability for the non-delivery of the messages prepared if such non-delivery is a result of the improper performance of the Internet web or the email box of the addressee or of any other errors that are not a direct fault of GreatGoodbye.com.
13. GreatGoodbye.com is owned by RKBA, with its seat in EU.
14. Any matters not regulated by these terms and conditions shall be regulated by the applicable EU laws.
1. Your relationship with GreatGoodbye.com
Your use of GreatGoodbye.com products, software, services and web sites is subject to the terms of a legal agreement between you and GreatGoodbye.com.
This document explains how the agreement is made up, and sets out some of the terms of that agreement.
Unless otherwise agreed in writing with GreatGoodbye.com, your agreement with GreatGoodbye.com will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
Your agreement with GreatGoodbye.com will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
The Universal Terms form a legally binding agreement between you and GreatGoodbye.com in relation to your use of the Services. It is important that you take the time to read them carefully.
2. Accepting the Terms
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3. Language of the Terms
Where GreatGoodbye.com has provided you with a translation of the Polish language version of the Terms, then you agree that the translation is provided for your convenience only and that the Polish language versions of the Terms will govern your relationship with GreatGoodbye.com.
If there is any contradiction between what the Polish language version of the Terms says and what a translation says, then the Polish language version shall take precedence.
4. Services by GreatGoodbye.com
GreatGoodbye.com is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which GreatGoodbye.com provides may change from time to time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that GreatGoodbye.com may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at GreatGoodbye.com sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform GreatGoodbye.com when you stop using the Services.
You acknowledge and agree that if GreatGoodbye.com disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
5. Use of the Services by you
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to GreatGoodbye.com will always be accurate, correct and up to date.
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the EU).
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by GreatGoodbye.com, unless you have been specifically allowed to do so in a separate agreement. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Unless you have been specifically permitted to do so in a separate agreement with GreatGoodbye.com, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You agree that you are solely responsible for (and that GreatGoodbye.com has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which GreatGoodbye.com may suffer) of any such breach.
6. Your passwords and account security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
Accordingly, you agree that you will be solely responsible to GreatGoodbye.com for all activities that occur under your account.
7. Content in the Services
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
You agree that you are solely responsible for (and that GreatGoodbye.com has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which GreatGoodbye.com may suffer) by doing so.
8. Proprietary rights
You acknowledge and agree that GreatGoodbye.com own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by GreatGoodbye.com and that you shall not disclose such information without GreatGoodbye.com prior written consent.
Unless you have agreed otherwise in writing with GreatGoodbye.com, nothing in the Terms gives you a right to use any of GreatGoodbye.com trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by GreatGoodbye.com, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
9. Content licence from you
You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give GreatGoodbye.com a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services
You confirm and warrant to GreatGoodbye.com that you have all the rights, power and authority necessary to grant the above licence.
10. EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT GreatGoodbye.com WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
IN PARTICULAR, GreatGoodbye.com, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GreatGoodbye.com OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
GreatGoodbye.com FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION OF LIABILITY
SUBJECT TO OVERALL PROVISION IN PARAGRAPHS ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT GreatGoodbye.com, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH GreatGoodbye.com MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE GreatGoodbye.com WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
You acknowledge and agree that GreatGoodbye.com is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
12. Changes to the Terms
GreatGoodbye.com may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, GreatGoodbye.com will make a new copy of the Universal Terms available at GreatGoodbye.com
You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, GreatGoodbye.com will treat your use as acceptance of the updated Universal Terms or Additional Terms.
13. General legal terms
Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
You agree that GreatGoodbye.com may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
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