Terms and Conditions

Farvel’s Commitment to our users

We want you to feel relaxed knowing we will ensure the following commitment to you:

You control who can access your personal information, letters, wishes and memories.
We will never share your personal information without your permission.
You own your letters, photos and videos.

Welcome to Farvel Ptd Ltd or myfarvel.com (the “Service”) (referred to herein as “Farvel,” “MyFarvel,” our,” “we,” or “us”). This Agreement applies to all visitors, users, and others who access the Service (“Users”).

Your access and use of the service is subject to the following terms and conditions (the “Terms and Conditions” or “Agreement”) and all applicable laws. By accessing or using any part of the Service, you accept, without limitation or qualification, these terms and conditions.

1. Overview

Farvel is a web-based technology platform that provides individuals with a safe space to create, store and share their preferences around their death. It empowers people by providing them a means to communicate their wishes around death and dying. Farvel also provides their users with a range of communication tools that allow them to communicate their love for their family and friends.

2. Basic Terms

You may use the Service only if you can form a binding contract with Farvel and are not a person barred from receiving services under the laws of the Australia and overseas or other applicable jurisdiction. If you are accepting these Terms and Conditions on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Service only in compliance with these Terms and Conditions and all applicable local, state, national, and international laws, rules and regulations. The Service is not intended for children under the age of 18 or whatever the applicable age of majority (legal adulthood) is where you are located. By using the Service, you represent and warrant that you are at least 18 years of age. In saying this, if a child would like to use Farvel, they can seek the help and guidance of an individual or carer over 18 years of age.

3. The Farvel Service

Subject to the terms of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, non-commercial use only and as permitted by the features of the Service. Farvel reserves all rights not expressly granted herein in the Service and the Farvel Content (which is defined as all content of the Service other than User Content and User Submissions and any future content licensed by Farvel from third parties). Farvel may terminate this license at any time for any reason or no reason. Your Farvel account gives you access to the Service and functionality that we may establish and maintain from time to time and in our sole discretion.

4. Privacy

We care about your privacy. Any information that you provide to Farvel ‘MyFarvel.com’ is subject to our Privacy Policy, a copy of which is available at https://myfarvel.com/privacy.html, which governs our collection and use of your information and User information. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information within Australia and/or to other countries for storage, processing and use by Farvel (as set forth in the Privacy Policy). As part of providing you the Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service and your User account, which you may not be able to opt-out from receiving.

Role of the Keeper and Legacy Contact

Farvel invites you to assign keeper/s that you trust to help create, manage, upload and share your Farvel information whilst you are alive. This keeper can also assist you manage and share your data after you pass away. You can provide different levels of access to different keepers. You provide their email and then assign their access rights. You can edit and remove keepers. You will also be asked to assign one of your keepers as your legacy contact by selecting the legacy contact option. This person will assume primary responsibility of your Farvel account in the event of your death. In the case where a Farvel account holder /user tries to assign a keeper who themselves has an existing Farvel account, a different email account (different to their existing account email) must be used to successfully add them as a keeper onto your account. If a keeper already has an account and they try and become a user, then the same principle applies.

5. Passwords

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password within your reasonable control. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Farvel Pty Ltd immediately of any breach of security or unauthorized use of your account. Farvel Pty Ltd will not be liable for any losses caused by any unauthorized use of your account.

6. Use of the Service

This Service is provided for your personal and non-commercial use and for informational purposes regarding our services only. Any other use of the Service requires the prior written consent of Farvel Pty Ltd.

You agree not to engage in any of the following prohibited activities:

(i) using any scraper, spider, robot or other automated means of any kind to access the Service, deep-link to any feature or content on the Service, crawl the Service in any manner, or bypass any other measures we may use to prevent or restrict access to the Service; (ii) overloading, flooding, spamming, mail-bombing the Service, or scripting the creation of content in such a manner as to interfere with or create an undue burden on the Service; (iii) undertaking, causing, permitting or authorizing the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Service or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by law, or otherwise attempt to use or access any portion of the Service other than as intended by Farvel; (iv) reproducing, distributing, displaying, performing, selling, trading, reselling or exploiting any portion of the Service, use of the Service, access to the Service or content obtained through the Service for any purpose; (v) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (vi) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vii) uploading, sending, posting, transmitting or otherwise making available any invalid data, viruses, worms, or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service; (viii) uploading or otherwise transmitting to or through the Service any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit or, hateful or otherwise objectionable material of any kind; (ix) collecting or harvesting any personal information, including account names, from the Service; (x) deleting the copyright and other proprietary rights notices; (xi) uploading, posting or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise); (xii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (xiii) using any trademarks, service marks, design marks, logos, photographs or other content belonging to Farvel or obtained from the Service; (xiv) interfering with the proper working of the Service; (xv) accessing, tampering with, or using any content, User accounts, personal information or other information on the Service through any technology or means other than those provided or authorized by the Service; or (xvi) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

Farvel does not pre-screen or control User Content or User Submissions and, as such, does not endorse, support, represent, or guarantee the truthfulness, accuracy or reliability of any communication posted or endorse any opinion expressed in any such content or posting. The substance of any User Content, User Submission, or any other materials available through the Service reflects the thoughts and opinions of the author(s), and does not represent the thoughts, opinions, plans or strategies of Farvel. Farvel undertakes no obligation to update, correct or modify any statements made by any User. Any reliance on material from the Service is at your own risk.

7. Termination of Access

In addition to any right or remedy that may be available to us under these Terms and Conditions or applicable law, we expressly reserve the right to suspend, limit or terminate your access to the Service, at any time with or without notice and with or without cause, including if Farvel determines, in our sole discretion, that you pose a threat to the Service or its Users. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities. We will not be liable to you or any third party for any termination of your access to the Site.

8. Third-Party Links

This Service may contain links to other websites and apps not maintained by Farvel. Other websites and apps may also reference or link to our Service. We encourage you to be aware when you leave our Service and to read the terms and conditions and privacy statements of each and every site and app that you visit. We are not responsible for the practices or the content of such other services.

9. User Content and Your License to Farvel

You retain your rights to any content or information you submit, post, or display on or through the Service (“User Content”) and Farvel does not claim ownership of any of your User Content. Instead, for good and valuable consideration, including the right to use the Service, the receipt and sufficiency of which is hereby acknowledged, you hereby grant to Farvel, and their respective parents, subsidiaries and affiliate companies, successors, assigns, designees, agents and employees the non-exclusive, fully paid, sub-licensable, assignable, royalty-free right and license to use your User Content, in any and all media now known or hereafter developed, throughout the world, subject to our Privacy Policy, available here https://myfarvel.com/privacy. You can choose who can view your User Content and activities, including your albums, as described in the Privacy Policy. This license for such limited purposes continues even after you stop using the Service, with respect to aggregate and de-identified data derived from User Content and any residual backup copies of User Content made in the ordinary course of business. This license also extends to any trusted third parties that Farvel may work with to the extent necessary to provide the Service to you.

Farvel expects all of its Users to be respectful of other people. The following is a partial list of the types of conduct that are illegal or prohibited on the Service. Farvel reserves the right to investigate and take appropriate legal action against anyone who, in Farvel’s sole discretion, engages in any of the prohibited activities. Without limitation, you agree that you will not post or transmit to other Users anything that contains User Content that:

is defamatory, abusive, obscene, profane or offensive.
infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service).
violates any party’s right of publicity or right of privacy.
is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
promotes or encourages violence.
is inaccurate, false or misleading in any way.
is illegal or promotes any illegal activities.
promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures.
contains “masked” profanity (i.e., F*@&#).
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

10. User Submissions to Community Pages

You agree not to submit a User Submission that contains any material that is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Farvel all of the license rights outlined herein. By posting a User Submission, you represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to do so. You further agree not to submit anything that is offensive, derogatory, obscene, infringing of any third party’s rights, or contrary to local, national, and international laws and regulations.

When you post or upload User Submissions, you grant to Farvel and its affiliates and partners a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sublicensable license to use, reproduce, archive, edit, translate, create derivative works of, make available, distribute, sell, display, perform, transmit, broadcast and in any other way to use those User Submissions, and any names, voices, likenesses and other identifying information of persons that is part of those User Submissions, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products and services. You hereby waive any moral rights you may have in your User Submissions.

We respect your ownership of User Submissions, if you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in these Terms and Conditions and any access granted to others. Please note that even where the Service provides a deletion capability for User Submissions, and you delete a User Submission from the Service:

The User Submission may still exist in our backup copies, which are not publicly available.
If your User Submission was shared with third parties, those third parties may have retained copies of your User Submissions, and neither we nor our affiliates have any responsibility for any uses of your User Submission that they might make.
We retain the license specified above. Thus, for example, if we or one of our sublicensees obtained your User Submission for use in creating a derivative work before you deleted it, we or our sublicensee would remain free to complete the creation of that derivative work and thereafter exploit that derivative work for all purposes and at all times.

We may impose limits on the size or number of User Submissions (e.g., limits on hosting and/or storage space or inbound or outbound messages) or otherwise refuse or remove a User Submission with or without cause and without notice to you. If we are notified or determine, in our sole discretion, that any User Submission violates these Terms and Conditions or applicable laws, we reserve the right (but not the obligation) to edit or remove such User Submission. However, we have no obligation to monitor, edit or remove User Submissions, and you agree that neither we nor our affiliates will be liable for (i) User Submissions; (ii) any failure to store, receive or deliver User Submissions; or (iii) any loss or damage resulting from User Submissions. User Submissions are intended to be public, and we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others.

We do not own any content posted by Users nor endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. You bear all responsibility for your User Submissions. You represent and warrant that you have all rights necessary to grant to Farvel the license above and that your User Submissions do not violate the provisions of Section 9 of these Terms and Conditions. Other than as provided in this Section 10, your conduct with respect to your User Submissions shall be in accordance with the acceptable use policies of Farvel, including without limitation, the requirements of Sections 6 and 9 applicable to User Content in general. In particular, we reserve the right (but do not assume the obligation) to monitor, investigate, edit and remove or prevent access to the whole or any part of any User Submission that we believe violates our rules and acceptable use policies on the Service.

11. Proprietary Rights

Farvel is the owner of or otherwise licensed to use all parts of the Service, including all copy, software, graphics, designs, photographs, and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Service may belong to third parties who have authorized Farvel to display the materials, such as other User Content or User Submissions, or other such proprietary materials. By using the Service, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. You may not access or use the Service, or any portion of it, for any purpose other than to view the Farvel Content and make personal use of the services provided in accordance with these Terms and Conditions. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Service. All rights not granted under these Terms and Conditions are reserved by Farvel.

12. Third-Party Content, Products and Services

We may provide third party content (including advertisements), products or services or link to third party websites or other services within the Service. We do not necessarily endorse or evaluate third party content, products and services; we do not assume responsibility for third parties’ actions or omissions; and we have no liability whatsoever for goods and services you may obtain from or through other services, even if you were directed or linked to such a service through our Service. You should review third parties’ terms of use and privacy policies before you use their services. In certain instances, you may be able to connect and/or link your account to certain third party social media sites (“Social Media Sites”), including, without limitation, Facebook, Instagram and Twitter. BY CONNECTING OR LINKING YOUR ACCOUNT TO ANY SOCIAL MEDIA SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO THE SOCIAL MEDIA SITE (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON SUCH SOCIAL MEDIA SITE). IF YOU DO NOT WANT INFORMATION ABOUT YOU TO BE SHARED IN THIS MANNER, DO NOT CONNECT OR LINK YOUR ACCOUNT TO ANY SOCIAL MEDIA SITE.

13. Farvel Plans & Purchases

Farvel is free for a 3 month period. After this period ends, you can continue to enjoy the Farvel features by signing up to ‘Farvel Monthly’ or ‘Farvel Yearly’ plan. Any paid subscriptions will automatically renew unless you cancel the subscription according to the cancellation method provided below. We may also offer other products for purchase through our Service for which our billing and payment policies herein will apply.

a. Billing Policies

If you elect to use Farvel or purchase a product made available through the Service, you agree to these pricing and payment terms, as we may update them from time to time. Farvel may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion; provided, however we will communicate any change in price to any Farvel paid subscription to you. With any change to our pricing or payment terms, you shall be provided 3 months notice as to the change/s.

b. Paid Subscriptions

c. Automatic Renewal of Paid Subscriptions

Your subscription will automatically be renewed and your account charged if you do not take any action to cancel or downgrade your account. If you want to change your account type, you may do so at any time but note that if you decide to downgrade your account, you will continue to have access to the paid subscription service until the end of your paid subscription period. You may cancel your Farvel account at any time by sending an email to info@myfarvel.com. Any cancellation email should include your name, the email address you registered with and a phone number where you can be reached.

d. Payment Methods

Farvel accepts credit and debit cards issued through VISA, MasterCard, and American Express. Farvel requires that you provide the security code for your debit or credit card to protect against the unauthorized use of your card by other persons. The security code is an individual three- or four-digit number specific to your card that may be printed on the face of your card above the embossed account number (if American Express), or on the back of your card, on the signature panel (if Visa, or MasterCard). In the event that Farvel is unable to charge the card you have provided (i.e. expired credit card), we will send you a notice to update your card information. You are responsible for updating your credit card details. You will have a 3-day grace period to update your billing information. If the account is not updated within the 3-day grace period, we may terminate your paid subscription.

e. Payment Information; Taxes

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

14. Closing Your Account

To cancel your account, send an email to info@myfarvel.com and provide your name, the email address associated with your account, and a phone number where you can be reached.

In the event of a Farvel account holder’s death, one of your keeper/s is responsible for notifying the Farvel team at info@myfarvel.com. The keeper that has been assigned the ‘legacy contact’ role by the Farvel account user, will assume primary responsibility for the user’s account. Other keeper/s can access and view the account (depending on their privileges assigned by the account holder.) The Keeper/s / Legacy contact will have limited control over the account and can continue to use some of the communication tools associated with the account such as sharing letters, videos etc. If the legacy contact decides to keep the account active but chooses not to continue the subscription, they will be limited to viewing access. The legacy contact will have authority to cancel / deactivate the account. If no legacy contact was assigned by the Farvel account holder, the keeper that was first added to the account will assume this role.

15. Security

Farvel cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Farvel will store and process User Content in a manner consistent with industry security standards. Farvel has implemented appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of User Content and to mitigate the risk of unauthorized access to or use of User Content. If Farvel becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, personal data related to your account (“Security Incident”), Farvel will take reasonable steps to notify you. Farvel will also reasonably cooperate with you with respect to any investigations relating to a Security Incident with preparing any required notices, and provide any other information reasonably requested by you in relation to any Security Incident, where such information is not already available to you in your account or online through updates provided by Farvel.

16. Legal Complaints

a. Copyright Claims
We respect intellectual property rights. If you believe that content on the Service infringes your copyright, a notification of claimed copyright infringement pursuant to the Digital Millennium Copyright Act must be sent to our Designated Agent, as follows:

Telephone Number of Designated Agent: +1 61438941616
Email Address of Designated Agent: info@myfarvel.com

Notifications of claimed copyright infringement on the Service must include the following:

An electronic or physical signature of the owner of the copyright interest that is allegedly infringed, or of a person authorized to act on the copyright owner’s behalf;
Identification of the copyrighted work (or works) that you claim to have been infringed;
Identification of the material that you claim is infringing;
A clear description of where the infringing material is located on the Service so that we can locate the material;
Your name, address, telephone number, and email address;
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you that the information in your notification is accurate and, under penalty of perjury that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

b. Counter-Notice
We respect intellectual property rights. If you believe that content on the Service infringes your copyright, a notification of claimed copyright infringement pursuant to the Digital Millennium Copyright Act must be sent to our Designated Agent, as follows:

Telephone Number of Designated Agent: +1 61438941616
Email Address of Designated Agent: info@myfarvel.com

If you believe that your User Content or User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content or User Submission, you may send a counter-notice containing the following information to our Designated Agent listed above. Your counter-notice must include the following:

Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the relevant federal court and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the designated agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Farvels’ sole discretion.

c. Errors and Inaccuracies
We are constantly updating product and service offerings within the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

17. Indemnity

You agree to indemnify, defend and hold harmless Farvel, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms and Conditions or applicable law and in connection with your User Content and User Submissions.

18. No Warranties / Limitation of Liability

WHILE FARVEL USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE SERVICE, FARVEL MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS. FARVEL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SERVICE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED “AS IS” AND FARVEL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TINYBEANS DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FARVEL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FARVEL SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL FARVEL OR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, OR THIRD PARTIES ASSOCIATED WITH THE SERVICE BE LIABLE TO ANY USER OR ANYONE CLAIMING THROUGH ANY USER UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

19. Entire Agreement and Changes

This Agreement and our Privacy Policy are the entire and exclusive agreement between Farvel and you regarding the Service and these Terms and Conditions supersede and replace any prior agreements between Farvel and you regarding the Service.

The Service as well as the products and services described within the Service are subject to change. Not all Farvel Content is available or intended for all geographic areas. In addition, these Terms and Conditions may be changed at any time without prior notice. Farvel will make such changes by posting them on the Farvel web site or both or by other reasonable means in our sole discretion. Your continued use of the Service after such changes conclusively demonstrates your acceptance of those changes. Farvel may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. If you do not agree to any of these Terms and Conditions or any future Terms and Conditions, do not use or access (or continue to access) the Service.

20. Severability

If any part of this Agreement is held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

21. No Waiver

The failure of either party to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.

22. Consent to Receive Notices Electronically

To the extent permitted by applicable law, your use of the Service constitutes your consent to receive all communications from us in connection with the Service or products or services provided (collectively referred hereafter as “Notices”) electronically, either by posting them on the Service or by sending them to an email address that you provide to us. The delivery of any such Notice is effective when posted or sent, regardless of whether you read the Notice. If you want to withdraw your consent to receive such Notices electronically, you must discontinue your use of the Service.

23. Questions

Should you have any questions regarding these Terms and Conditions you may contact us info@myfarvel.com.