GIFTCLOUD EUROPEAN TERMS OF SERVICE
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.
Welcome to Giftcloud. We are glad you have chosen to use our application or our website, which allow you to access, purchase, or select digital gift cards, rewards, and/or other related services (the "Giftcloud Services"). We are committed to providing the best possible service and convenience for you. Before you get started, you must read and agree to these Terms of Service. Thank you.
These Terms of Service are between Invitation Digital Limited of Merchants House, Wapping Road, Bristol, BS1 4RW, a private limited company registered in England with company registered number 06570126 and its registered office is 1st Floor North, Merchants House, Wapping Road, Bristol BS1 4RW, trading as "Giftcloud", and you.
ACCEPTANCE OF TERMS OF SERVICE
By downloading Giftcloud’s application and using its website ("Giftcloud," "we" or "us"), you accept and agree to be bound by these Terms of Service. Giftcloud may at any time modify these Terms of Service. You can review the most current version of it by clicking on the "Terms of Service" link located at the bottom of the Giftcloud website, www.giftcloud.com. The most current version will supersede all previous versions. By continuing to use the Giftcloud Services after changes are made you agree to be bound by such changes.
You should not access any of the Giftcloud Services if you do not accept these Terms of Service.
In order to utilise the services offered by Giftcloud, we request that you register with us ("Registration"). Registration is mandatory in order to make a purchase. During Registration, all accounts must be registered with a valid email address that you have the authority to access. Any accounts that are registered without such authority may be closed by us without notice. From time to time, we may require users to re-validate their accounts if we may so request.
During Registration, you will also need to supply us with your password. You must keep the password confidential and immediately notify us in the event that any authorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You agree that we are not responsible or liable in the event that a person to whom your password is disclosed uses (and/or transacts via) our website and services.
You confirm and agree that all information provided on Registration and any such further information that may be provided by you to us from time to time during the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your account.
You confirm and agree that we will not be held liable for any errors or omissions that you provide to us on Registration or provided by updating the details in your account. We will use our reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them.
LIMITATIONS ON USE
You must be at least 13 years old to download and use the Giftcloud Services, or, if you are not at least 13, you may download and/or use the Giftcloud Services only in conjunction with, and under the supervision of, your parent or guardian. If you do not qualify, please do not download the Giftcloud application or use the Giftcloud website. We reserve the right to decline a transaction and/or prevent your use of the Giftcloud Services in the event that we discover you are not 13 years of age or you are acting without the consent of your parent or guardian where required.
All gift cards are subject to the individual terms and conditions of the issuing merchant. Please refer to these terms to be aware of the limitation of use.
The gift card may only be redeemed with merchants based in the United Kingdom.
We reserve the right to amend the application and to update product information from time to time. Please note that the latest version of the Giftcloud application may be required in order to purchase a gift card.
Occasionally Giftcloud may choose to run promotional discounts on selected digital gift cards. Each promotion will be subject to the following terms and conditions (which may be supplemented or modified by terms and conditions shown on the relevant promotion description):
- Promotions are only available for purchases made on http://www.giftcloud.com
- A promotional code must be entered before completing your purchase, where indicated in the order process, and cannot be applied retrospectively.
- Only one promotional code can be used per order.
- Your digital gift card will be delivered via email - you will not receive a physical gift card.
- Please check the redemption instructions and terms and conditions carefully before making your purchase as digital gift cards are non-refundable.
- Promotions cannot be combined with any other voucher, offer, discount or promotion code and may not be redeemed for cash.
- Promotions may be withdrawn at any time and without prior notice.
Giftcloud and/or its licensors are the sole owners of the Giftcloud Services, which includes any software, domains, and content made available through it. The Giftcloud Services are protected by United Kingdom and International copyright and other intellectual property laws. It is for your own personal and non-commercial use only, and Giftcloud grants you a limited licence for that purpose.
Without limitation, this means that you may not sell, export, license, modify, copy, reverse engineer, distribute or transmit any of the Giftcloud Services without Giftcloud's prior express written permission. Any unauthorized use of any of the Giftcloud Services will terminate the limited licence granted by us. Giftcloud and its graphics, logos, icons and service names related to the Giftcloud Services are registered and unregistered trademarks or trade dress of Invitation Digital Limited. They may not be used without Giftcloud's prior express written permission. All other trademarks not owned by Giftcloud that appear in connection with the Giftcloud Services are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Giftcloud. Nothing in these Terms of Service and/or any use of the Giftcloud Services shall transfer any intellectual property to you.
By downloading and using the Giftcloud Services, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains 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 associated with the Giftcloud Services. You also agree not to interfere with the servers or networks connected to the Giftcloud application or to violate any of the procedures, policies or regulations of networks connected to the Giftcloud Services, the terms of which are incorporated herein. You also agree not to: (1) impersonate any other person while using the Giftcloud Services; (2) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Giftcloud Services; (3) use the Giftcloud Services for any unlawful purpose; or (4) resell or export the software associated with the Giftcloud Services.
Giftcloud does not promote, recommend or condone use of the Giftcloud Services during certain activities, such as automobile driving, where there is a significant risk of accident. You agree not to use the Giftcloud Services during such activities.
THIRD PARTY OFFERS
The Giftcloud Services may contain links to third party web sites or programs that are not controlled by or affiliated with Giftcloud. Giftcloud is not responsible for the content, offers or privacy policies of such sites and programs, including, without limitation, your redemption of such offers or a merchant's refusal to honour any offer. Your dealings with third party sites are solely between you and the applicable third party.
CHARGES FOR USING THE GIFTCLOUD APPLICATION
Giftcloud currently provides the Giftcloud Services to you free of charge. However, when you use the Giftcloud Services, you may be subject to charges imposed by your wireless or other applicable carrier. Payment of such charges is solely your responsibility. The Giftcloud Services may not be accessible in some foreign countries, this will depend on the Giftcloud application being supported by the foreign network. You should check with the local carrier whether you will be required to pay additional charges for such access. The ability to download or access the Giftcloud Services may be restricted or impaired when on a roaming network abroad.
Any digital gift card purchases made by you will be subject to our terms of sale, available here. You agree that in order to purchase a gift card payment will be made by means of a debit or credit card belonging to an individual resident in the United Kingdom. Further the provision of such details will not include false data including false names, addresses or the fraudulent use of credit/debit card details.
The purchase of gift cards are not subject to VAT.
If you have just changed your mind about the digital gift card, you may be able to get a refund if you are within the cooling-off period (i.e. 14 days), but this may be subject to deductions. This means that you have 14 days after the day you (or someone you nominate) receives the gift card to change your mind and receive a refund. To end the contract with us, please email customer services on firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address. More information can be found on OUR GIFT CARD PURCHASE TERMS below.
USE OF INFORMATION SUBMITTED
You agree that Giftcloud is free to use any comments, information or ideas contained in any communication you may send to Giftcloud without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Giftcloud application or other products or services.
NO WARRANTY & LIABILITY LIMIT
Giftcloud provides the Giftcloud Services "as is" and without any warranty or condition, whether express, implied or statutory. Giftcloud specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
If Giftcloud fails to comply with these Terms of Service, Giftcloud shall be responsible for loss or damage you suffer that is a foreseeable result of Giftcloud's breach of these Terms of Service or Giftcloud's negligence. Giftcloud, its shareholders, directors, officers, employees or agents be liable shall not be liable or responsible (jointly or severally) for:
*any loss or damage that is not foreseeable (loss or damage is foreseeable if they were an obvious consequence of Giftcloud's breach or if they were contemplated by you and Giftcloud at the time we entered into these Terms of Service);
- any errors or omissions in the Giftcloud Services beyond Giftcloud's control;
- any failures, delays or interruptions in the Giftcloud Services beyond Giftcloud's control;
- and conduct by other users of the Giftcloud Services; nor
- any failure to perform, or delay in performance of, any of Giftcloud's obligations under these Terms of Service that is caused by an act or event beyond Giftcloud's reasonable control.
Giftcloud only supplies the Giftcloud Services for domestic and private use. You agree not to use the Giftcloud Services for any commercial, business or re-sale purposes, and Giftcloud shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Giftcloud reserves the right to deliver the Giftcloud Services in our sole and absolute discretion. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law. Risk and title will pass to the customer upon delivery of the gift card. Giftcloud can take no liability for any lost, stolen or damaged gift card once responsibility of ownership has passed to the customer at time of delivery. Giftcloud are not directly linked to any of retailers whose products are listed in our range. In the event that any one such product or company is placed in either administration or receivership there is no obligation on Giftcloid to replace or exchange any previously issued, unspent gift vouchers or gift cards.
The funds on a gift card or gift voucher are not covered by the Financial Services Compensation Scheme. In the unlikely event of the issuer of a gift card or gift voucher becoming insolvent some funds on a gift card or gift voucher may not be available to spend. If the value of an item you wish to purchase is less than the value of the gift voucher or gift card, the retailer may not refund the difference.
NO GUARANTEED CARDS
Giftcloud is not responsible for merchants that are no longer in business and is not responsible for the actions or products of any merchant. Giftcloud reserves the right to immediately discontinue supplying gift cards when a merchant: discontinues a prepaid card program; or files a petition in bankruptcy, for a reorganisation, or for the appointment of a receiver or trustee, or makes an assignment or petitions for or enters into an arrangement for the benefit of its creditors, or if a petition in bankruptcy is filed against vendor.
You agree to indemnify and hold Giftcloud and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of your refusal to perform your obligations and/or responsibilities under these Terms of Service, your defective performance of these Terms of Service, your deliberate misuse of the Giftcloud Services or your deliberate violation of any law or the rights of any third party.
You agree that these terms of service or any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, common law and equitable claims) between you and Giftcloud arising from or relating to these Terms of Service, their interpretation or breach, termination or validity, the relationships which result from these Terms of Service, the Giftcloud Services, Giftcloud's advertising or any related transaction shall be governed by and construed in accordance with the laws of England and Wales.
If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck out, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section. Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision. These Terms of Service set forth the entire understanding and agreement between you and Giftcloud with respect to the subject matter hereof. Force Majeure; Giftcloud cannot be held responsible for failure to meet its service obligations when any failure is brought about due to some cause totally beyond its reasonable control. Examples of this might include: acts of God, trade disputes; governmental intervention, fire, flood, and disruption to computer and IT infrastructure.
If you have any questions about these Terms of Service or the download and/or use of the Giftcloud application, please contact us at:
Invitation Digital Limited
Company Number: 657 0126
VAT number: 284465375
OUR GIFT CARD PURCHASE TERMS
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply digital gift card services to you. 1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide digital gift cards to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, or there is anything you do not fully understand, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Giftcloud, a trading name of Invitation Digital Limited, which is a company registered in England and Wales. Our company registration number is 06570126 and our registered office is at 1st Floor, Merchants House North, Wapping Road, Bristol BS1 4RW. Our registered VAT number is 936378977. 2.2 How to contact us. You can contact us by telephoning our customer service team by writing to us at email@example.com or Invitation Digital Limited, Merchants House North, Wapping Road, Bristol, BS1 4RW, United Kingdom. 2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. 2.4 When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. 3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the digital gift card. This might be because the digital gift card is no longer available, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the digital gift card or because you have provided inaccurate or incomplete information which prevents us from completing your order. 3.3 We only sell to the UK. Our website is directed to people residing in the UK.
4. Providing the digital gift cards
4.1 When we will provide the digital gift cards. We will send your digital gift cards to you or your chosen person via the method selected by you during the order process. We usually send digital gift cards within 24 hours,though in some cases it may take a little longer (including where you select a date in the future for the delivery of your digital gift card). 4.2 We are not responsible for delays outside our control. If our supply of the digital gift cards is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any digital gift cards you have paid for but not received. In particular, we cannot be responsible for any delay or non-delivery caused by ISPs or your email or telecommunications provider, or the provision of incorrect or incomplete information by you. 4.3 Merchant terms and conditions. Our digital gift cards allow you or your selected person to purchase goods and/or services from third party merchants up to your selected monetary value. The use of these digital gift cards are subject to terms and conditions imposed by the merchant and you must comply with those terms and conditions, which may include an expiry date on the validity of the digital gift card, when redeeming a digital gift card. We cannot be held responsible for any digital gift card which expires or is voided by the merchant in accordance with the merchant's terms and conditions.
5. Your rights to end the contract
5.1 You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with the digital gift card you purchased: (a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the digital gift card replaced or to get some or all of your money back), see clause 8; (b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 5.2; or (c) If you have just changed your mind about the digital gift card, see clause 5.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions. 5.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any digital gift cards which have not been used and you may also be entitled to compensation. The reasons are: (a) we have told you about an error in the price or description of the digital gift card you have ordered and you do not wish to proceed; (b) there is a risk that supply of the digital gift cards may be significantly delayed because of events outside our control; (c) we have suspended supply of the digital gift cards for technical reasons, or notify you we are going to suspend them for technical reasons; or (d) you have a legal right to end the contract because of something we have done wrong. 5.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. 5.4 When you don't have the right to change your mind. Where there is no opt out of the right to change your mind, you do not have a right to change your mind in respect of digital gift cards which have been wholly or partially used or expired. 5.5 How long do I have to change my mind? If you have bought a gift card you have 14 days after the day you (or someone you nominate) receives the gift card.
6. How to end the contract with us (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
6.1 Tell us you want to end the contract. To end the contract with us, please call customer services on email at firstname.lastname@example.org. Please provide your name, details of the order and, where available, your phone number and email address. 6.2 Cancellation of digital gift cards after ending the contract. If you end the contract for any reason after digital gift cards have been delivered to you, we will cancel the relevant digital gift card and you must destroy any electronic or paper copy you hold. 6.3 How we will refund you. We will refund you the price you paid for the digital gift cards by the method you used for payment. 6.4 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
7. Our rights to end the contract
7.1 We may end the contract if you break it. We may end the contract for a digital gift card at any time by writing to you if: (a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the digital gift cards, for example, details of the recipient for the digital gift card; (c) you provide incorrect or inaccurate information, which prevents us from providing the digital gift card. 7.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 7.1 we will refund any money you have paid in advance for digital gift cards we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
8. If there is a problem with the digital gift card
8.1 How to tell us about problems. If you have any questions or complaints about the digital gift card, please contact us by email at email@example.com.
8.2 Summary of your legal rights. We are under a legal duty to supply digital gift cards that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the digital gift card. Nothing in these terms will affect your legal rights.
Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. The provision of your digital gift card is a service. In relation to services, the Consumer Rights Act 2015 says:
- you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
- if you haven't agreed a time beforehand, it must be carried out within a reasonable time.
9. Price and payment
9.1 Where to find the price for the digital gift card. The price of the digital gift card (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the digital gift card advised to you is correct. However please see clause 9.3 for what happens if we discover an error in the price of the digital gift card you order.
9.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the digital gift card, we will adjust the rate of VAT that you pay, unless you have already paid for the digital gift card in full before the change in the rate of VAT takes effect.
9.3 What happens if we got the price wrong. It is always possible that, despite our efforts, some of the digital gift cards we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the digital gift card's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the digital gift card's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require that you destroy any electronic or paper copy you hold of the gift card.
9.4 When you must pay and how you must pay. We accept payment with Debit Mastercard, Maestro, Mastercard, VISA, VISA Debit, VISA Electron. You must pay for the digital gift cards in full before you receive or download them.
10. Our responsibility for loss or damage suffered by you
10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights as summarised at clause 8.2; and for defective products under the Consumer Protection Act 1987
10.3 We are not liable for business losses. We only supply the digital gift cards for domestic and private use. If you use the digital gift cards for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11. How we may use your personal information
12. Other important terms
12.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
12.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
12.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the digital gift cards, we can still require you to make the payment at a later date.
12.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the digital gift cards in the English courts. If you live in Scotland you can bring legal proceedings in respect of the digital gift cards in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the digital gift cards in either the Northern Irish or the English courts.
12.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to submit your dispute may for online resolution to the European Commission Online Dispute Resolution platform here