Terms of use
These Terms of Use (hereinafter referred to as the “Terms” or “Terms & Conditions” or “Terms of Service”) shall govern the relationship between IB Development Software Design LLC, a limited liability company, bearing License Number: 927733, and having its registered office at Office No. G28 - owned by the Dubai Financial Support Fund - Al Quoz Third - Bur Dubai (hereinafter referred to the “Company” or “Custom Cards” or “us” or “our” or “we”) and you (hereinafter referred to “you” or “your” or “user(s)” or “customer(s)” or “client(s)”) and shall also govern your use of www.customcards.com/ (hereinafter individually as well as collectively, referred to as the “Website” or “Site”).
Custom Cards is engaged in the business of providing service of personalization of credit and debit cards. (“Service”). Please read these Terms carefully, as these, along with our Privacy Policy statement forms the entire agreement between you and Custom Cards. If you do not accept these Terms in its entirety, then you may not use the site or avail our any of our Services.
Additionally, how we collect, use, store, share and transmit your data is governed by our Privacy Policy statement. These Terms of Use shall be read in conjunction with our Privacy Policy statement. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- Acceptance of the Terms of Use
By accessing or using or registering or availing services our Website in any way or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:
- You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the Website.
- You are of sound mind and at least of such minimum legal age as per the laws of United Arab Emirates, in order to form a binding contract with us. In case you are not of the age of majority, then you must have the permission of your lawful guardian to use and access or make purchases on the Website.
- We must not have previously disabled your account for violation of law or any of our policies.
- You have read, understood and consented to our practices stated in the Privacy Policy statement.
- Accounts, Passwords and Security
- Account: To access various parts of the Website, and to avail various services, you might be required to register and create an account with us. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself. As part of the registration process, you will create a password and an account.
- Security: You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.
- Inaccurate Information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, or that you have created a duplicate account, in that case, we may refuse to process your order, or terminate your account, and refuse current or future use of any or all of the services.
- Use of the Site
- Allowed uses:
- Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the services on the Site.
- Information: Whenever prompted, you must provide us with the correct, accurate and updated information about yourself and your card, including but not limited to your name, card details, shipping details, email, etc.
- Content: You are only allowed to upload such content, design and information, of which you are a legal owner, or have necessary legal permission to use. You cannot upload information or content or design or image that infringes upon or violates a third-party intellectual property right in any manner. You are also prohibited from uploading the content or images or designs that are immoral, illegal, restricted, obscene, harassing, depicting violence, contains pornography, scenes of violence, etc.
- Card: You are only allowed to request for personalization of credit or debit card that belongs to you, or where you have express written consent or permission of the original card holder.
- Personalization is Final: All card personalization services are final, and cannot be undone, or modified. If you want a new design, you have to place a new order for the service.
- Material: For the purposes of these Terms, “material” shall mean any text, video, graphics, design, published on the Website, whether a copyright of Custom Cards, its licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Website. You must not reproduce any part of the Website or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so.
- Card Freeze: You must freeze your card before sending the same to us.
- Restricted uses:
- You can’t impersonate others, create duplicate accounts, or provide inaccurate information or submit the card of a third-party for personalization without availing their prior written consent.
- You cannot use our Site or purchase our services for the purpose of resale;
- You can’t raise or comment or write review on any political, racist or such other issue which effect’s a person, community, or society.
- You must not misuse or interfere with the Services or Website or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law and as per the directions provided by us.
- You must not:
- republish material from this Website;
- sell, rent or sub-license material from the Website;
- show any material from the Website in public without our consent;
- edit or otherwise modify any material on the Website (other than editing your own information as per the method provided);
- reproduce, duplicate, copy or otherwise exploit material on our Website for a commercial purpose; or
- redistribute material from the Website, except for content specifically and expressly made available for redistribution with our written consent and according to our terms;
- infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our licensors or any third party;
- We reserve the right to restrict your access to any areas of our Website, or indeed our whole Website, at our discretion.
- You must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- You must not use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
- You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website, without our express written consent.
- Allowed uses:
- Writing a Review or leaving a Feedback You may be able to rate our services, share your experience and provide a feedback or review for such services. In such case, you shall provide your honest and true feedback and opinion. You agree not to post anything or perform any act that is deemed to be abusive, derogatory, political, immoral, unlawful, inappropriate, objectionable, or that infringes on ours, or any third-party rights.
- Ownership Rights
- Custom Cards’s Rights: This Website, its logos, its content, editor, software, designs, animations, trademarks, trade dress, trade name, all of our services, shall remain the sole property of the Custom Cards, and/or its licensors, as the case may be. Your use of or access to this Website or purchase of the products or availing of our services shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this Website, services, any content, designs, published by us or our licensors or third parties. This Website and the content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant Intellectual Property laws, rules, and regulations. Trademarks, trade names and designs appearing on this Website are the exclusive property of, or are licensed to the Custom Cards and are protected. No use of a trademark, trade dress, trade name or design appearing on this Website may be made without the prior written permission of the Custom Cards.
- Content published by You:
- Feedback and Content: The feedback/review, and information or content that you write, or share may be protected by intellectual property laws. You own the intellectual property rights in any such feedback that you share on the Website. Nothing in these Terms takes away the rights you have to your own feedback. You are free to share your feedback (except defamatory one) with anyone else, wherever you want.
- License to your Feedback: License However, to provide our Services we need you to give us some legal permissions (known as a ‘license’) to use this feedback of yours. This is solely for the purposes of providing and improving our Services.
- Scope of License: Specifically, when you share feedback/content that is covered by intellectual property rights, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, copy, publicly perform or display, and translate your content. However, we do not have any responsibility to use or display any part of your feedback on any part of the Website. We retain the right to display the same at our own discretion. For example, if we find it defamatory, misleading or false, we might not display the same.
- Deletion of Card Details: Please note that the above-mentioned license in Section 5(b)(iii) is only in respect of your feedback, and not in respect of your card or its details. When you share your card, and its details (including card number, name, CVV, expiry month & year), we use that information only for the purpose of providing our services to you that you request. And then we delete all your information, except name, email and address, after a period of 24 (twenty-four) hours from the delivery of your card.
- Deletion of Account: You can delete your feedback or your account from our Website at any time.
- Privacy In order to see what data we collect and how we use or store or share such data, please refer to the detailed Privacy Policy statement available on our Website.
- Links to Third-party Sites The Website might contain links to third-party websites, products, and services. For example, the Website works with third party payment service providers to provide you the most convenient payment options. Such third-party links are not under the control of Custom Cards, and Custom Cards is not responsible for any third-party links. Custom Cards provides access to these third-party links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links. You shall use all third-party links at your own risk and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you are taken to such third-party website, and you get out of the jurisdiction of our website. Therefore, you shall be governed by the legal policies of such third-party websites, and we suggest that you read those policies. In case of any damage due to such action of third-party links, Custom Cards shall not be responsible.
- Orders, Payments, and Taxes All orders are subject to acceptance, and you agree to pay for the service that you purchase on our website, and you authorize us or our third party payment service providers to charge your debit or credit card or process other means of payment for those payment. You shall be responsible to bear all the applicable taxes and duties (wherever applicable) We reserve the right to modify the prices of our services or discontinue any of the services, at any time at our sole discretion, without any prior notice.
- Refunds and Replacement
- No Refunds: We have a strict no-refund policy for all our services. However, you may request for the replacement as per Section 9(b) below.
- Replacement: In case of card malfunction, you can raise a replacement request within a period of 30 days from the date of delivery of the card. Once your replacement request is accepted by us, you shall be responsible for shipping the card back to us, and we will ship the new card to you, and destroy the malfunctioned card. You shall be responsible to bear the shipping charges for sending the card to the Company, and the Company will bear the expenses of shipping the card to you. Further, you can also request us to send the malfunctioned card as well, provided such request is communicated at the time of requesting the replacement.
- Affiliation Program We may run an affiliation program. The exact up-to-date commercials of the program can be found on the website – www.customcards.com/. Whenever you join our affiliate program, you acknowledge you are not becoming an employee or partner or agent of the Company. You shall always remain independent, and we are not liable for your actions or conducts or statements, and you are also not entitled to receive any remuneration or employment benefits from the Company. You shall behave responsibly and are prohibited from using any unfair or illegal means to solicit a sale through your link. You must not make any statement or claim or representation or warranty on behalf of Custom Cards, without availing our prior written consent. We reserve the right to modify the percentage of commission payable and/or the minimum payout amount, in our sole discretion, without any prior notice. We also reserve the right to remove you from our affiliate program if you violate any provisions of these Terms.
- Legal Action If you are found to be degrading, tarnishing, maligning the image, goodwill or reputation of Custom Cards or its owners/directors, by spreading hate, insulting, false, fake reviews or engaging in mala fide actions against the above, strong legal actions will be taken immediately.
- Disclaimer The site, its services, and new card are provided on an “as-is” and “as available” basis, and Custom Cards (and our licensors and affiliates) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our licensors and affiliates) make no warranty that the Site or service will meet your expectation or requirements or likeness, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. However, in case the new card is not working properly, then you can make a free replacement request as per Section 9(b) above. In certain jurisdictions, the law may not permit the Disclaimer of Warranties, and in such event, the Disclaimer mentioned above shall not apply to you in so far as it is not allowed.
- Limitation of Liability
- To the maximum extent permitted by law, in no event shall Custom Cards (or our licensors or affiliates) be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use or purchase from, the site, even if Custom Cards has been advised of the possibility of such damages. Access to, and use of, the Site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system or business, or loss of data resulting therefrom.
- To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), will always be limited to amount of your order in question. The existence of more than one claim will not enlarge this limit. You agree that our service providers, licensors, or affiliates will have no liability of any kind arising from or relating to these Terms.
- Indemnity
You acknowledge to defend, indemnify and hold Custom Cards, its owners, affiliates, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable attorneys’ fees, made by a third party, relating to, or arising from:
- Your violation of ours or any third-party right, including without limitation to any right to privacy, publicity rights, defamation or intellectual property rights, including content the user distributes through the services;
- Your wrongful or improper use of our products, services, Site;
- Your violation of any applicable laws, rules or regulations or any other applicable law through or related to the use of our services;
- Your violation of these Terms or any other policy of Custom Cards as associated with our services;
- The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our services.
- Copyright Infringement
- If we are put on notice that your use, action, comment, content or feedback violates the law or the rights of others, or if we discover that your content or behaviour is unlawful, inappropriate, or objectionable, we may remove your feedback from our platform, and/or delete, suspend your account from Website .
- Please notify us if you believe any of your intellectual property rights have been infringed on our Website. Please file your copyright infringement claim with our Copyright Agent, namely Sébastien Guerin, at [email protected] for such complaints and claims.
- You are required to follow the below procedure to file a claim:
- Identify in writing the copyrighted material that you claim has been infringed upon.
- Identify in writing the copyrighted material that has infringed upon your copyright.
- Provide your current and up-to-date contact information, including your address, telephone number, and e-mail address.
- Provide your physical and/or electronic signature.
- Send us a written communication to [email protected];
- You may be subject to liability if you knowingly make any misrepresentations on a take-down notice or claim.
- Governing Law and Dispute Resolution
- Governing Law: The Terms and any dispute arising from the same will be governed by applicable laws of United Arab Emirates.
- Exclusive Jurisdiction: All disputes must first be attempted to resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it before the appropriate courts/forum/tribunal situated in Dubai, UAE.
- Applicable Statute: The above-mentioned governing law and jurisdiction shall only apply to you unless the contrary has not been provided by the relevant statute, rules or directives applicable to the jurisdiction in which you reside. However, if the statute, rule or directive prevailing in the jurisdiction that you reside in provides for a different governing law and dispute resolution mechanism, in that case you are well within your rights to exercise the same.
- Notices When you use the Website or send emails to Custom Cards, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Website. Custom Cards will communicate with you by email or phone by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address or phone number as available with us. If You want to give a notice to us, you can do so by dropping an electronic mail to [email protected].
- Miscellaneous
- Headings: The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of these Terms.
- Independent Legal Advice: It is your obligation to obtain independent legal advice at your own expense to ensure you understand the provisions of these Terms.
- Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
- Waiver: Our failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between Custom Cards and you or any other party be deemed to modify any provision of these Terms.
- Survival: Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms of Use, for any reason whatsoever.
- No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.
- No Assignment: You may not assign these Terms of Use (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Custom Cards, which may be withheld at Custom Cards’s sole discretion. Any attempted assignment that does not comply with these Terms of Use shall be null and void.
- Entire Agreement: The Terms, and our Privacy Policy, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire Agreement between Custom Cards and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our website.
- Force Majeure: Custom Cards, its employees and its third party delivery service providers will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service (such as processing or shipment or delivery of your card), in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions.
- Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site after any amendments to the Terms shall constitute your acceptance to such amendments.
- Grievance Officer/Designated Representative
In the event you have any grievance regarding anything related to these Terms or Privacy Policy, or with any content or service of Custom Cards, in that case you may freely write your concerns to the Grievance Officer/Designated Officer at:
- Name: Sébastien Guerin
- Email: [email protected]
- Postal: Office No. G28 - owned by the Dubai Financial Support Fund - Al Quoz Third - Bur Dubai
- Feedback and Information We welcome your questions or comments regarding the Terms. You can write to us via email: [email protected].
Last updated on 01.05.2022.