Thanks for visiting Here’s My Card! The following terms and conditions (the “Agreement”) form a binding agreement between You and us. Please review the following terms carefully. By using the Site and/or the Mobile Apps (together, the Site), you are agreeing to these terms, and these terms will govern your use of the Site. If you do not agree to these terms, you must cease use of the Site. The terms “Here’s My Card” or “us” or “we” or “our” refers to Digital Bananas Technology Limited (also known as Here’s My Card), the owner and operator of the Site. The term “You” refers to the person accessing or using the Site, or the company or organization on behalf of which that person accesses the Site.
It is agreed by You that your use of Here’s My Card does not constitute a partnership, joint venture, relationship of employer and employee or worker and hirer between You and Here’s My Card and therefore You shall at all times be responsible for any payment of any contributions and taxes as may be required by law due to your use of Here’s My Card and furthermore to the extent permitted by law, You indemnify and keep Here’s My Card fully indemnified from and against all and any liability, loss, penalties, awards, damages, expenses or costs (including legal costs) which Here’s My Card incurs or becomes liable for arising out of any claim made by the Inland Revenue or any other relevant authority in relation to tax, eligibility to work, National Insurance contributions or other similar contributions due on or in relation to your use of Here’s My Card.
Your Account and Here’s My Card Profile
You will need to register by creating an account with us in order to create, customise and share business cards and search for skilled people using the Site or App. If you choose to create an account or Here’s My Card profile with us, you agree to provide only accurate, complete registration information, and that you will keep that information up-to-date if it changes. Access to the Site is not authorized by any other person or entity using your registration information and you are responsible for preventing such unauthorized use. After you register, we’ll issue a unique account number (a “User ID”) to you. Individuals and entities who access the Site or use the Services and have previously been terminated by Here’s My Card may not register for an account, nor may you designate any of those individuals to use your account on your behalf. Here’s My Card relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site using a User ID that we’ve issued to You, we will rely on that User ID and will assume that it is really you or your representative who is accessing the Site. You are solely responsible for any and all access to the Site or use of the Service by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.
Rules Regarding Information and other Content
When you use the Site, you can publish and obtain access to various kinds of information and materials, all of which we call “Content.” Content also includes information and materials posted to the Site by you. You agree not to revise Content posted by others, and you agree not to post or use any Content in any manner that violates our Market Regulations located at http://www.HeresMyCard.co/terms, including, but not limited to Content which: infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others, violates the privacy, publicity, or other rights of third parties, is unlawful, defamatory, discriminatory, libellous, pornographic, obscene, abusive, threatening, harassing, pornographic, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by Here’s My Card in its sole discretion; or is false or inaccurate; or could damage our company, parent company, sister companies, affiliates, advertisers, or other parties;
General Rules of User Conduct
It is our goal to make the use of our Site and Services a good experience for all of our users, so you agree to follow our Market Regulations. You also agree not to do any of the following: Conduct or promote any illegal activities while using the Site or Services; Upload, distribute or print anything that may be harmful to minors; Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site; Attempt to gain access to secured portions of the Site to which You do not possess access rights; Upload or transmit any form of virus, worm, Trojan horse, or other malicious code; Use the Site or Services to generate unsolicited email advertisements or spam; Use any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site and Services; or Impersonate another user.
Here’s My Card will use reasonable efforts to maintain the security and integrity of information you provide to us. However, You acknowledge and agree that Here’s My Card cannot fully eliminate security risks and cannot guarantee that unauthorized access to your information will never occur. You agree that you will keep your password for your Here’s My Card account confidential and secure, and that you will not share it with others.
We may also allow access to, or advertise, certain third parties from which You may purchase certain goods or services from these third parties (“Partners”). You understand that we do not operate or control the products or services offered by Partners. Partners are responsible for all aspects of order processing, fulfilment, billing and customer service related to the products and services they offer. We are not a party to the transactions entered into between you and Partners. Partners and other advertisers are also responsible for ensuring that advertisements and other materials submitted for inclusion on the Site are accurate and comply with applicable laws.
We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately cease access to the Site and Services.
Disclaimers of Warranty
You agree that your use of Here’s My Card shall be at your sole risk. TO THE FULLEST EXTENT PERMITTED BY LAW, HERE’S MY CARD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF AND ACCESS IS PROVIDED ON AN “AS IS” BASIS. HERE’S MY CARD MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA HERE’S MY CARD. HERE’S MY CARD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH HERE’S MY CARD OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HERE’S MY CARD WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitations of Liability
Nothing in these terms shall limit our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.
We do not review users’ postings and are not involved in the actual transactions between users. As most of the content on Here’s My Card comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered.
In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Here’s My Card, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Pounds Sterling.
Here’s My Card contains content from us, you, and other users. Here’s My Card is protected by copyright laws and international treaties. Content displayed on or via Here’s My Card is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Here’s My Card without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Here’s My Card. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Here’s My Card (other than your own content). When you give us content, you are granting us and representing that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.
The communications between you and Here’s My Card use electronic means, whether you visit the Site or send us emails, or whether Here’s My Card posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Here’s My Card in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Here’s My Card provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. Changes to this Agreement We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Site. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you do not agree to all of the changes, if and when such changes may be made to the Agreement, you must cease use of the Site. Your use of the Site after any modifications to the Agreement indicates that you agree to such modified Agreement.
These terms and the other policies posted on Here’s My Card constitute the entire agreement between Here’s My Card and you, superseding any prior agreements.
This Agreement shall be governed and construed in all respects by the laws of England and Wales. You agree that any claim or dispute you may have against Here’s My Card Limited must be resolved by the courts of England and Wales. You and Here’s My Card Limited both agree to submit to the exclusive jurisdiction of the English Courts; for claims falling within the jurisdiction of a County Court, you and Here’s My Card Limited both agree to submit to the jurisdiction of the County Court of London.
If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.
Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to Here’s My Card Limited, 133 Creek Road, Greenwich, London SE8 3BN, United Kingdom. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.
We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the site, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.
Last Updated: November 3, 2012.
Here’s My Card Market Regulations
Here’s My Card is a platform for connecting service providers and enquirers.. Whatever you’re interested in sharing your business card and looking for skilled people, please make sure to do so in a civilized manner that respects the dignity of everyone involved.
Trust and Safety
Using the Here’s My Card platform involves real people and real money. It’s essential to protect yourself and use common sense. So make sure you are happy before you complete the transaction. All sales are final and once you have paid the transaction is binding
If you are dealing with someone you don’t know, always meet in a public place, like a café or bank. Take care to protect your personal information, such as your name, address, phone number, credit card number. Only provide your personal information to Here’s My Card and our payment processing partners directly through the secure Here’s My Card application. The Here’s My Card application allows you to communicate directly with buyers and sellers, so there should never be a need to share your personal information with others. Only accept payment through Here’s My Card.
If you feel you may have been the victim of theft or fraud, be sure to document what happened and contact your local law enforcement for assistance. Maintaining the safety and integrity of Here’s My Card platform is extremely important to us, if a crime has taken place relating to a Here’s My Card transaction, please provide us with a copy of the police report (by contacting us here: hello@HeresMyCard.com) so that we may take appropriate action.
Here’s My Card users are other people from your community, and they may even be someone you know. Harassment, sexual solicitation and the use of inappropriate or hateful language are strictly prohibited. Please report any abusive communications sent through Here’s My Card using the hello@HeresMyCard.co address.
All offers posted on Here’s My Card must comply with all applicable local laws and regulations. Don’t post anything that is not legal to sell where you are located. Do not share personal information with other users. Please don’t include your name, email address, phone number or other personal information in offers or communications with other users. For your safety and to maintain the integrity of the Here’s My Card marketplace, we require that you only communicate through Here’s My Card. Prohibited Goods and Services: You can offer to enquire just about anything on Here’s My Card, but here are some things that aren’t allowed: Sexual activity of any kind or obtaining goods or services for purposes of sexual gratification is prohibited. However, delivery of sexual health items such as contraception is permitted. Drugs, alcohol or tobacco products, including prescription drugs, drug paraphernalia (rolling papers, pipes, etc.) or other controlled substances are prohibited. Over-the-counter medicine is okay. Anything related to weapons or unlawful activity is prohibited. This includes soliciting, inducing or encouraging illegal acts or requesting goods or services in furtherance of a crime. Animals, plants and insects that are regulated or prohibited for sale under applicable laws. Blood, bodily fluids and body parts.
Embargoed goods. Items designed to be used to commit a crime including not without limitation burglary tools, false identification and items used to manufacture illegal explosives or controlled substances. Material that infringes copyrights, trademarks or other third party rights. Counterfeit or fraudulent items. Obscene material, child pornography or material that is harmful to minors. Prescription drugs, medical devices, controlled substances, illegal drugs, or drug paraphernalia. Services or merchandise that promote hatred and violence against specific groups of people. Services that are illegal including without limitation prostitution. Stocks and other securities. Stolen goods or property with serial number removed or altered. Weapons (including but not limited to firearms, martial arts weapons, silencers, ammunition, disguised or switchblade knives, BB guns, stun guns or tear gas) and weapons parts. Fireworks. Items containing hazardous substances or pesticides.
If you suspect an offer may violate these policies, please report it to us using the hello@Here’s My Card.co address and we will review it accordingly.