- a. visits, accesses or views the content, material or any items on the Website as a non-member;
- b. is a Member or c. is a third party service provider, advertiser, vendor, for profit and non profit organization or any entity which utilizes the services of eRegistry.
- a. words denoting the singular number include the plural and vice versa;
- b. words denoting individuals include corporations and other entities, and vice versa;
- c. headings are for convenience only and shall not affect interpretation;
- d. words denoting any gender include all genders;
- e. references to clauses and sub-clauses are references to clauses and sub-clauses of these Terms;
- f. where any of the parties hereto comprises more than one person, any covenants, agreement or obligation undertaken, or benefits received by virtue of these Terms, shall be undertaken or received by all of them jointly and each of them severally, and the claims the subject of the release or indemnity as the case may be include all claims by or against those persons or any one of them;
- g. references to any person in these Terms shall include the legal personal representatives, executors, administrators, successors and permitted assigns of that party;
- h. references to a person shall be construed as references to an individual, firm, partnership, joint venture, body corporate, association (whether incorporated or not), ministerial corporation, government and governmental, semi-governmental and local authority or agency;
- i. every covenant or agreement or undertaking expressed or implied by which more persons than one covenant, promise or agree to undertake to perform an obligation in terms of these Terms shall bind such persons jointly and each of them severally; and
- j. reference to any legislation or any section or provision thereof includes any statutory modification or re-enactment thereof or any statutory provision substituted therefor and any ordinances, by-laws, regulations or other statutory instruments issued thereunder.
2. USER REPRESENTATIONS AND WARRANTIES Each User represents and warrants to eRegistry:
- a. that the posting of any User Materials to this Website and the content of any such materials posted by the User may be lawfully posted by the User in that it must not (i) be illegal or violate any intellectual property rights of any person or entity, statute, law, or regulation; (ii) be offensive, obscene, hateful, defamatory, indecent, threatening, abusive or distasteful; (iii) be any advertising, spam, program, virus, worm or similar matter that adversely interferes the data and the operation of the Website; (iv) be professional advice or any links/references to any other websites except where expressly permitted to do so; or (v) be disclosure of any confidential information owned by any third party;
- c. that any information or User Materials supplied to eRegistry and/or posted on the Website by the User is and will be true, correct, accurate, complete and not misleading at all times and each User agrees to inform eRegistry of any material changes to any personal information, supplied by the User to eRegistry within 48 hours of the change;
- d. that access to, use of, registration for or utilization of the Services of this Website is determined by the User's own volition and is entirely at the User's own risk and the User will not make any claim against eRegistry and its affiliates in respect of, or hold, or seek to hold, eRegistry responsible for, or liable for, the actions or omissions of any other Users nor for any warranties, representations, promises or statements of eRegistry whether express or implied;
- e. that it agrees to the performance of its obligations and compliance with the terms of the eRegistry Documents;
3. USER OBLIGATIONS Each User acknowledges and agrees to be bound by the following: a. Registry and Account Each Member is responsible for creating accounts, registries, content, descriptions and event details including location, times, capacity and dates in the Registry which must be true, accurate and complete. Each Member agrees to be responsible for: (i) maintaining the confidentiality of passwords or other account identifiers which such Member chooses and (ii) all activities that occur under such password or account identifiers. Each Member agrees to notify eRegistry of: (i) any loss of such Member’s password or account identifiers and (ii) any unauthorized use of such password or account identifiers. eRegistry will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any Member’s failure to comply with this section of the Terms. b. Alteration or Cancellation of Event
- i. If the principal event or purpose of the Registry is altered, cancelled or amended in any way, the Member must make, within 7 days, the relevant changes to the Registry listing. Changes and amendments may include: date alterations, event cancellation, location change, transport or accommodation change, event suspension to a date to be advised, etc.
ii. Should the event be cancelled, the Member is solely responsible to do the following acts in a prompt manner:
- 1. close the Registry concerning the event being cancelled;
- 2. withdraw any cash deposits and moneys held in and credited to the Member's account with respect to such Registry; and
- 3. with respect to any claims in relation to such Registry being closed, the Member will deal with any Guests or other Users for the purpose of distribution or refund (if required) of the cash deposits and moneys referred under this clause in a prompt manner, and shall hold harmless and indemnify eRegistry with respect to the distribution or refund of such funds.
c. Account Statement The Member and the Guest must promptly notify eRegistry of any perceived discrepancy in the account statement available on the Website or in confirmation emails sent to the Member and the Guest. d. Inactivity & Unclaimed Gifts
- i. If the Registry or the account have not been operated or had no Transactions for over a continuous period of twelve (12) months, then eRegistry has the right to close such Registry or the account without any prior notice to the User.
- ii. For the purpose of clause 3.d.i., the debiting of a fee to an account does not constitute an operation on the account.
- iii. With respect to the Registry being closed pursuant to clause 3.d.i., eRegistry is not obliged to save any data, information or Materials being deleted from such Registry or the account on the Website and shall not be liable to anyone for loss of such data, information or Materials as a consequence of the closing of the Registry.
- iv. Subject to any other provisions in eRegistry Documents, eRegistry shall use its reasonable efforts to account to the Member or a person entitled under the account or the Registry referred to in clause 3.d.i. for any cash deposits or moneys held in their account or the Registry.
- v. Notwithstanding clause 3.d.iii., if eRegistry is unable to locate or identify the Member or a person entitled to the receipt of moneys in clause 3.d.iv., then such moneys shall be treated as unclaimed money and treated accordingly under applicable law.
d. General Each User will not do anything which may be fraudulent or illegal, or which may:
- i. render eRegistry liable to any other person or governmental authority or agency; or
- ii. breach any law of obligation or duty owed to any person or render eRegistry liable for any breach of any law or obligation to any person; or
- iii. cause any damage or interference to the Website; or
- iv. in any way interfere with the conduct of eRegistry's business; or
- v. breach its representations and warranties set out in clause 2 hereto.
Each User will not bring any action against eRegistry for the purpose of bringing or maintaining any claim against eRegistry based on any breach of any obligation, whether express or implied, on the part of any other User.
4. RIGHTS OF EREGISTRY
- a. eRegistry reserves the right to change these Terms and the terms in eRegistry Documents at any time without prior notice as long as they are posted on the Website in legible terms.
- b. If a User breaches any of the User's Obligations in eRegistry Documents, then eRegistry may without reference to the User and in its absolute discretion remove any User Materials from the Website in order to rectify such breach or terminate the provision of its Services and do all such things as it considers appropriate to prevent the User gaining access to or using the Website.
c. eRegistry may, at any time in its discretion:
- i. publish (or cease to publish), reproduce, use, adapt and manipulate all Materials posted on the Website;
- ii. correct any errors, inaccuracies or obvious omissions in the Materials on the Website without prior notice to the Users;
- iii. shut the Website down or suspend access to the Website for the purpose of improving, maintaining or altering it; and
- iv. terminate the use of the Website on not less than 7 days' notice.
- e. Each User acknowledges and agrees to eRegistry's rights referred to in this clause 4, and each User will not have any claim against eRegistry even if eRegistry exercises its rights thereunder.
5. SERVICE FEES eRegistry provides its gift registry services free to Users. In order to offset third party transaction and service expenses associated with gift purchases, Guests who purchase gifts through eRegistry will be assessed a service fee according to the table below:
|Gift Amount||Service Fee|
|Up to $25||$2.50|
|$25.01 to $99.99||$5.50|
|$100 to $1000||5.9%|
Service fees assessed for gift purchases made through eRegistry.com are non-refundable. 6. GIFT PROCEEDS AND AVAILABILITY Proceeds from gift purchases will be allocated based upon the Member’s choice in the following manner: Check Withdrawal A Member can select the Check Withdrawal method in order to receive cash gifts. Upon a successful gift contribution toward a Registry, proceeds from gifts purchases will be deposited in a non-interest earning eRegistry account at Chase Bank. eRegistry reserves the right to manage gift funds in the eRegistry account, including transfers to and from other eRegistry accounts. Funds will be available for withdrawal no less than 6 business days after a gift transaction is processed. Once a gift purchase is processed, the receiving Member will have complete access to gift funds. Funds can remain in the eRegistry account until withdrawn by User by a check request completed at the Website. eRegistry reserves the right to manage gift funds in the eRegistry bank account, including transfers to and from other eRegistry accounts. Withdrawal option via the eRegistry WishCard has been discontinued upon further notice. 7. DISCLAIMER
- a. THE DATA, INFORMATION, SERVICES, PRODUCTS OFFERED FOR SALE AND MATERIALS CONTAINED IN AND/OR ADVERTISED ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. EREGISTRY, ITS AFFILIATES, AGENTS, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO ANY USER OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEBSITE. EREGISTRY, ITS AFFILIATES, AGENTS, LICENSORS AND SUPPLIERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EREGISTRY, ITS AFFILIATES, AGENTS, LICENSORS AND SUPPLIERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS IN THE WEBSITE, OR ANY PART THEREOF; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEBSITE; (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA ON THE WEBSITE AND (VI) OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF EREGISTRY, ITS AFFILIATES, AGENTS, LICENSORS OR SUPPLIERS. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE WEBSITE WILL MEET USER NEEDS OR REQUIREMENTS, OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO ALL USERS. IN SUCH JURISDICTIONS, EREGISTRY’S, ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Without limiting anything else in these Terms or otherwise, eRegistry makes no representations or warranties as to the quality, fitness, reliability of the Services available and contents on the Website and is not liable for:
- i. any representation or statement made by any User in relation to the identity of any User, goods or services offered by any User and without limitation is not liable for User Materials posted on the Website by the Users; or
- ii. any matters outside of its direct control; or
- iii. for any breach by a User of the Terms or for the actions of Users whether such actions mean a User accessing or downloading any User Materials posted on the Website by any other User; or
- iv. for any actions or omissions of any User in accessing, or in respect of, this Website and utilizing the Services.
- c. Use of the Website and the Internet are solely at the User's own risk and eRegistry will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, viruses, errors, any force majeure events or governmental restrictions or regulations as amended from time to time.
- d. The relationship between eRegistry and each User is that of the relationship between independent contractors.
8. LIMITATIONS OF LIABILITY IN NO EVENT WILL EREGISTRY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS WEBSITE, USER ACCESS, USE OR INABILITY TO USE THIS WEBSITE, OR IN CONNECTION WITH ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE WEBSITE). EREGISTRY RESERVES THE RIGHT TO ALTER OR REMOVE THE CONTENT OF THIS WEBSITE OR SUSPEND OR TERMINATE USER USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES. THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF EREGISTRY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, EREGISTRY’S, ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Each User acknowledges and agrees:
- a. to indemnify eRegistry in respect of any claim of any nature brought by any person including any other User against eRegistry arising out of any breach of the User's Obligations, or by any act or omission on each User's part or the breach of any law or obligation by the User;
- b. that eRegistry has no liability for any infringement of moral rights and agrees to indemnify eRegistry in respect of any claim for any infringement of moral rights;
- c. to indemnify eRegistry, and keep eRegistry indemnified, against any loss, damage, cost, charge or expense including legal fees whatsoever incurred or suffered in connection with, or as a consequence of, any breach by, or attempted breach by, the User of the User's Obligations and the User will pay on demand, by eRegistry, to eRegistry any sums claimed by eRegistry pursuant to this indemnity.
9. CHOICE OF LAW AND FORUM These Terms shall be governed and construed in accordance with the laws of the State of Delaware, excluding its conflicts of law rules. Any dispute arising out of or relating to these Terms or User’s access or use of this Website will be subject to the exclusive jurisdiction of the court located within the State of Delaware, and the parties hereby submit to the exclusive jurisdiction of such courts. If any part of eRegistry Documents containing the User's Obligations is prohibited, void, voidable, illegal or unenforceable under the laws of any relevant jurisdiction then that part is severed for the purposes of that jurisdiction only but without affecting the continued operation of the rest of the User's Obligations in that jurisdiction or the operation of the eRegistry Documents containing the User's Obligations in any other jurisdiction. 10. MISCELLANEOUS
- a.Copyright All data and materials on this Website, including without limitation the text, graphic, logos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Website are the intellectual property of eRegistry, Inc., its licensors and its suppliers. The data is protected by copyright and other intellectual laws and all ownership rights remain with eRegistry, Inc., its licensors or its suppliers, as the case may be. Users may only use the data retrieved from this Website for their own personal, non-commercial purposes. Any other use, including the copying, distribution or redistribution of the data by caching, framing or similar means, or selling, reselling, re-transmitting or otherwise making the data retrieved from the Services available in any manner to any third party is strictly prohibited.
- b.Trademarks eRegistry, WishCard and Epriza are the registered trademarks and service marks of eRegistry, Inc. All other brands and names are the property of their respective owners. The copyright in these Terms and eRegistry Documents are held by eRegistry, Inc. No trademarks of eRegistry may be used by any other person. No intellectual property of eRegistry may be used by any other person.
- c.Links to Other Sites This Website may contain links to websites operated by other people or companies. eRegistry does not control the content that appears on third party websites or take responsibility for such content, nor should it be implied that eRegistry endorses or otherwise recommends such websites, or their products or services.