Back to previous page

Terms of Use

The Brief

HeartzMail, is a service owned and operated by HeartzMail Pte Ltd (Heartz). We are based in Singapore. Our basic service is to manage your scheduled greetings, namely - birthday, regular contact and annual reminder greeting cards. We pre-design (CuratedDesigns) so you don't have to shop around for designs. We print on-demand, when it is time to send out your cards so that we are able to print different designs for different profile of your clients, especially for birthday greetings. And we package, paste postages and mail them out so that your recipients will receive your cards on time.

And we do all of the above with a huge dose of pride and gladness.

Terms and Conditions

The following terms and conditions govern access to, and use (as a Member) of HeartzMail Pte Ltd's services.

1. Definitions

  • Heartz refers to HeartzMail Pte Ltd.
  • Sites means The Sites are owned and operated by Heartz Sytems LLP (HeartzMail or we or us).
  • HeartzMail refers us as the operator of this service via heartzmail.com and is a member of The Sites defined above.
  • Member means a person who is registered as a Member by completing and submitting the Membership application, accepts these Membership Terms and that application is accepted by HeartzMail.
  • Member Account refers to your account with HeartzMail where you can access through your login credentials, wherein all your service and transaction information are also accessible.
  • Account Balance refers to the amount of dollar value that is balance on our records pertaining to the money you have paid to us or transferred to you by another user (credit), as well as the items that you have spent on (debit). All details are available in the Transaction History page of heartzmail.com
  • Products means products and services for sale in heartzmail.com.
  • Bonus Values are the amount of dollar values that we add to your account as an act of reward in response to actions on your part, and not limited to actions such as when you made a new account balance top up, or refer a new user to sign-up in heartzmail.com.
  • Contact Data refers to the data of your contacts, which you input into your HeartzMail account either by means of manual entry or through our Data Import Wizard.

2. Membership

You may only become a Member if you are 18 years or over.

You do not have an automatic entitlement to Membership and Heartz may, at its sole discretion, elect to:

  1. refuse your application to become a Member; or
  2. once Membership is granted, suspend, terminate or restrict your Membership at any time.
  3. Heartz is not obliged to give reasons for its decision to reject your application or suspend, terminate or restrict your Membership at any time.
  4. Your Membership is non transferable.
  5. Once Membership is granted you will only be able to access all areas of the Sites with use of the username and password you set up at the time you become a Member.
  6. You are responsible for each and every access or use of the Sites that occurs in conjunction with use of your username and password.
  7. Use of your username and password is conclusive evidence that you have accessed the Membership sections of the Sites.
  8. You must use all reasonable efforts to keep your username and password confidential.
  9. You must not allow any third party to access the Sites using your username and password and make use of the Sites on your behalf.
  10. You must notify Heartz in writing as soon as you become aware of any unauthorised use of your Member Account, username or password.
  11. You acknowledge and agree that you are liable for, and will indemnify Heartz, its related bodies corporate, affiliates, officers, directors, agents and employees against, any and all claims made by a third party arising out of your access to, and use of The Sites as a Member.

3. Benefits Conferred by Membership

By being registered as a Member, you are entitled to:

  1. use all available greeting card services through heartzmail.com;
  2. personalize your greeting cards via the uploading of your photo as well as signature that will be printed on your cards according to their respective design specifications;
  3. participate in the referral program as well as other programs that will lead to you earning Bonus Values that are added to your Account Balance;
  4. participate in online forums;
  5. generally make use of the Membership section of the Sites.

4. HeartzMail's Role

Heartzmail.com is an online facility allowing you to upload, add and manage your contacts for the purpose of allowing HeartzMail to print and send out your greeting cards for on your behalf.

Ownership of Products such as presentation and layout design concepts of the greeting cards remain with Heartz (including any intellectual property rights) in respect of the Products.

5. Availability of The Sites

The Sites will usually be available 24 hours a day, seven days a week or as otherwise stated on the site

Heartz may, in its absolute discretion, and for any reason, and at any time, with or without notice:

  1. interrupt or suspend your right to access the whole or any part of the Sites; and/or
  2. alter, interrupt or suspend the provision of the whole or any part of the content and/or the services available on the Sites.

You agree that Heartz will not be liable to you for any loss that you may suffer as a result of any such interruption, suspension or alteration.

When accessing the Site (as a Member) and using the content and/or the services available on the Site, you must also comply with any directions, instructions or protocols posted on the Site from time to time.

6. Member Accounts

When your application for Membership is accepted by Heartz, you will have a single account that is accessible by you from any of the Sites (Member Account). Among other things, through your Member Account, you will be able to access a Transaction History which records payments by you to Heartz (as a Member) and transactions of use of your Account Balance.

7. Fees and Services

You do not have to pay a fee or make an Account Balance top up to become a Member.

You do not have to pay a fee or make an Account Balance top up to earn Bonus Values via our referral programs or any other programs launched by HeartzMail from time to time.

HeartzMail will only print and mail out greeting cards to your intended recipients only when all the respective service settings are correctly setup by you and only when you have a positive Account Balance, regardless of whether your Account Balance is accumulated by earned Bonus Values, transferred funds from other users to you or by you making a Account Balance top up via your own payment.

You are responsible for paying all fees and taxes (including withholding tax), associated with your use of HeartzMail wherever levied (including any goods and services or value added taxes, which will be added to amounts paid by you, if applicable).

All references on the Sites or in this Membership Terms to “$” and “dollars” are to the currency to Singapore. Payment will be made in Singapore currency (SGD) and accordance with the rules of the applicable Payment Agent.

The Member is responsible for all costs of currency conversion from his or her preferred currency to the SGD.

Where a payment is made by Heartz to a party, the party is responsible for all costs of converting the amount of the payment from SGD into his or her preferred currency.

You agree that Heartz will not be liable to you for any loss that you may suffer as a result of any delayed payment that is to be made to you as a party where that payment is due.

8. Member Information

In the course of your application for Membership and your use of the Sites, you may be asked to provide certain personal information to us (Member Information). You promise that the Member Information you provide is true, accurate and complete.

HeartzMail’s information collection and use policies with respect to the privacy of such Member Information are set out in the Site’s Privacy Policy.

Any Member Information that you disclose may be used by HeartzMail, its agents and contractors in relation to the provision of services accessible on heartzmail.com, including marketing activities in relation to Heartz.

9.Proprietary Rights

Heartz, its licensors, advertisers or affiliates own all:

  1. the content of the Sites (other than Products which are owned by Members who offer them for sale on the Sites where made available);
  2. the look and feel, design and the organisation of the Sites;
  3. the compilation of the materials on the Sites; and
  4. the intellectual property rights (if any) subsisting in the works described in paragraphs (1), (2) and (3) above.

Your use of the Sites does not grant to you any ownership or like interest in any content, code, data or materials you may access on or through the Sites or any intellectual property rights subsisting in any of those things.

10. Copyright Agent

Heartz respects the intellectual property rights of others. Heartz requires that you do the same.

If you believe that a work of which you are the owner is infringed by a Product being offered for sale on a Site has been copied in a way that constitutes copyright infringement, please forward the following information (Copyright Claim) to Heartz

  1. your address, telephone number, and email address;
  2. a description of the location of the alleged infringing material;
  3. a description of the copyright work that has been allegedly infringed
  4. a statement by you, that you warrant that the information given in the Copyright Claim is accurate and that you are either the copyright owner or are authorised to act on the copyright owner’s behalf.

On receipt of a Copyright Claim, Heartzwill take down the Product that is the subject of the Copyright Claim and seek an explanation from its Seller.

11. Trade Marks

The trade marks, logos, service marks and trade names (collectively the Trade Marks) displayed on the Sites are, unless otherwise stated, the registered and unregistered Trade Marks of Heartz and others.

A Trade Mark may not be used by you without the approval of its owner.

Nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trade Mark displayed on the Sites without the written permission of its owner.

12. Disclaimer of Warranties

The Sites are provided “as is”. Heartz and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Heartz nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that you use the content or services through, the Site at your own discretion and risk.

13. Confidential Information and Privacy

Heartz does not warrant or represent that your use of the Sites will be confidential.

Heartz is not responsible for any harm that you or any person may suffer as a result of a breach of your confidentiality in respect of your use of the Sites.

While Heartz has taken precautions to protect information that you transmit to the Sites over the internet, Heartz does not warrant the security of that information. Once Heartz receives your transmission, Heartz will take reasonable steps to preserve the security of such information.

You must not disclose any confidential information made available to you through the Sites.

When using the Sites or dealing with other users of the Sites you must respect the privacy and legal rights of other Members.

If a Member provides you with (or your Product accesses or uses) user-names, passwords or other login information or personal information of the Member (Personal Information) you must:

  1. make the Member aware that the Personal Information will be available to you; and
  2. ensure that, by proceeding to transact with you, the Member is giving you permission to use the Member’s Personal Information; and
  3. provide a privacy notice to the user, recording the manner in which the Personal Information will be handled by you, that is legally sufficient; and
  4. use the Personal Information for the limited purposes for which the Member gave permission; and
  5. handle the information in accordance with the terms of the privacy notice.

If the Member has entered into a separate agreement with you that allows you (or your Product) to store or use the Member’s Personal Information directly related to your Product (not including other products or applications) then the terms of that separate agreement will govern your use of such Personal Information.

Without limiting the generality of the foregoing, if the user provides you information about the Member’s Member Accounts , you may only use that information to access the Member’s Member Accounts when, and for the limited purposes for which, the user gave permission for you to do so.

14. Personal Data of your Contacts

By inputing your Contact Data into your HeartzMail account, you agree to allow HeartzMail to use your Contact Data only for the purpose of fulfilling our service obligations to you in all, or part of any HeartzMail services, which you configure in your HeartzMail account as a service instruction to us. By no means shall HeartzMail use your Contact Data for any other purpose(s) except for the fulfillment of our service obligations to you, where in so doing, the use of your Contact Data is required. You also fully discharge HeartzMail from any legal implications whatsoever that may arise between you and your contact(s), or between you and your business principal, in relation to HeartzMail's use of your Contact Data, which you have input into your HeartzMail account solely in your own accord.

15. Personalization of Your Greeting Cards

You are able to upload images of your photo and signature for the purpose of printing on your greeting cards. You shall be solely responsible for the quality of the images that you shall upload, which will directly contribute to the quality of the actual print in your greeting cards.

While the Site have explicitly advised you as well as provided tutorial examples of how you can edit and properly prepare your scanned signature, you agree not to hold Heartz liable for any loss of quality in the final print of these images in your greeting cards.

You are strongly advised herein to seek professional help in editing these images for the best results.

Heartz do not use any of your uploaded images for other purpose other than for the purpose of printing and sending of your greeting cards. You are herein advised, especially for your signature, not to use a signature which you are using for the signing of cheques or other important documents. Please use an alternate signature for HeartzMail services.

16. Deliverability of Your Greeting Cards

HeartzMail do not guarantee that your card(s) will definitely be received by intended recipients. HeartzMail will not be responsible for any possible chance where your greeting card mailed out by us is lost in transit by the local and/or international postal services, that will be handling your mails.

17. Refund of Account Balance

Heartz do not offer any refund of any amounts that you have paid to your Account Balance, regardless of your level of usage of printed cards that are to be sent on your behalf. You may freely make transfers of all or any amount of your Account Balance to any other users.

18. Indemnification and Release

You are solely responsible (and agree that Heartz has no responsibility to you or to any third party for) for, and you agree to indemnify and hold harmless Heartz (as well as Heartz’s affiliates, directors, officers, employees and agents) from any and all claims, liabilities, costs and expenses (including legal fees) arising in any way from, any of the following matters:

  1. your use of the Sites;
  2. any Products you sell or buy through the Sites;
  3. your placement or transmission of any Product, message, content, information, software or other materials through the Sites;
  4. your breach of any applicable related third party contract or terms of service
  5. your breach of the law or of these Membership Terms.

Heartz reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Heartz’s defense of such claim.

19. Changes to Membership Terms

Heartz may, at its sole discretion, revise or change these Membership Terms (in whole or in part) or the content of the Sites from time to time and at any time without notice to you.

Changes in the Membership Terms will be effective at the time notice of the change is posted by us on the Sites. It is your responsibility to check for these notices.

Your continued use of the Sites and/or the content or services made available on or through the Sites after any changes to the Membership Terms are posted will be considered acceptance of those changes.

20. Relationship between the Parties

Nothing in these Membership Terms:

  1. constitutes a partnership between the parties; and
  2. except as expressly provided, makes their party an agent of another party for any purpose.

A party cannot in anyway or for any purpose:

  1. bind another party; or
  2. contract in the name of another party.

If a party must fulfill an obligation and that party is dependent on another party, then that other party must do each thing reasonably within its power to assist the other in the performance of that obligation.

21. Suspension or Termination

Heartz may suspend or terminate your registration as a Member and deny you access to your Member Account immediately if:

  1. you breach these Membership Terms or any other terms and conditions, agreements or rules governing the Sites;
  2. Heartz is unable to verify or authenticate any information you provide to us as part of your original application or in the course of using the Sites; or
  3. Heartz believes that your actions may cause legal liability for you, our other Members or us.

Should Heartz elect to suspend, terminate or restrict your Membership in any way, you may be prohibited from accessing the Sites temporarily or permanently. In either case, you must not apply for a new Member account.

22. Notices

Any notice given in accordance with these Membership Terms will be correctly given if it is in writing and is emailed to a party to the email address that that party has nominated or any other email address as may be notified for the purpose of the service of notices.

A notice will be deemed to have been given on the date of delivery.

23. Applicable Laws

If you make use of the Sites, or the Products, content, code, data or materials on the Sites or available through the Sites, except as otherwise provided for in these Membership Terms, you may breach intellectual property laws (including copyright) and other laws of Singapore and other countries and may be subject to liability for such unauthorised use.

We control and operate the Sites from our offices in Singapore. We do not represent that materials on the Sites are appropriate or available for use in other locations. Persons who choose to access the Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

The laws of Singapore governs these Membership Terms. Each of Heartz and the Member irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Singapore.