GIFTCLOUD EUROPEAN TERMS OF SERVICE
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISPUTE RESOLUTION CLAUSE.
Welcome to Giftcloud. We are glad you have chosen to use our application or our website (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 at Vodafone House, The Connection, Newbury, Berkshire, RG14 2FN, trading as "Giftcloud", and you.
ACCEPTANCE OF TERMS OF SERVICE
By downloading and using Giftcloud ("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.
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. 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 merchant based in the United Kingdom.
We reserve the right to amend the application and to update product information from time to time [(details of such updates and changes we will endeavour post on our website)]. Please note that the latest version of the Giftcloud application may be required in order to purchase a gift card.
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
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. A surcharge of £0.30 will be charged when purchasing a gift card by credit card.
The purchase of gift cards are not subject to VAT.
Gift cards cannot be refunded or exchanged for cash once purchased. Once gift cards are purchased we have no way of refunding them.
All gift cards are subject to the individual terms and conditions of the issuing merchant. Please refer to these terms before redeeming your gift card.
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 loss or damage not caused by any Giftcloud breach of 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;
any damage to your mobile device or other device;
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.
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
Telephone: 08456 018 018
VAT number: 936378977