Terms & conditions
Please read these terms and conditions (these ‘Terms’) carefully as they contain important information about your rights and obligations when using this website www.townandcitygiftcards.com (the “Website”). You should print a copy of these Terms for future reference.
These Terms will apply to the use of our Website and purchase of the “Gift Cards” (whether physical or digital versions), products and services by you (hereafter “you”/”your”) from Miconex Ltd, (a limited company registered in Scotland under company number: SC430741 having our registered office at 13 Rose Terrace, Perth, Perth And Kinross, PH1 5HA, VAT Number is: 103636347) (hereafter “us”, “our” or “we”) via our Website.
1. HOW THESE TERMS APPLY
1.1 By using the Website you are agreeing to comply with and be bound by these Terms regarding the use of the Website in consideration for us allowing you to access and use the Website and our Gift Cards, products and services. You must not use the Website or our Gift Cards, products or services if you do not agree to comply with and be bound by these Terms.
1.2 By ordering any of the Gift Cards, products or services, you agree to be bound by these Terms. Before placing an order on the Website, you will be asked to agree to these Terms by ticking the box that you accept the Terms. If you do not tick the box, you will not be able to complete your order and purchase the Gift Cards, products and services.
1.3 We reserve the right to change these Terms at any time. We will take reasonable steps to make you aware of any changes to the Terms, for example by posting them on the Website. You agree to be bound by the version of these Terms displayed on the Website at the time you use it. These Terms were updated in August 2021.
2.1 You are responsible for making all arrangements necessary for you to have access to the Website.
2.2 By agreeing to these Terms, and making any orders you represent that you are at least the age of majority and have legal capacity to contract in your country, state or province of residence. We do not knowingly contract with any minors.
2.3 You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms, and that they comply with them.
2.4 We make reasonable efforts to ensure that the Website is available to view and use 24 hours a day throughout each year; however, this is not guaranteed. The Website may be temporarily unavailable at any time because of; server or systems failure, other technical issues, reasons that are beyond our control, required updating, maintenance or repair.
2.5 Where possible, we will try to give you warning of maintenance issues of the Website but shall not be obliged to do so.
3. INTELLECTUAL PROPERTY
3.1 In these Terms, “Intellectual Property Rights” means, including but not limited to: copyright (including designs and logos), trademarks, patents, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in software, design rights, registered designs, materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks, the style or presentation of the Gift Cards, products or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Miconex Ltd and the Website and its content , moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world).
3.2 The software code contained in and related to the Website and the materials on the Website including text, images, videos, photographs and other materials are protected by Intellectual Property Rights owned by us and our licensors. You acknowledge that the Intellectual Property Rights in the Website and any software code used with and material supplied as part of the Website shall remain with us or our licensors.
3.3 Subject to Clause 3.5, 3.6 and 3.7 you may:
- a) retrieve and display materials on the Website on a computer screen or similar display in order to purchase the Gift Cards and/or products and/or services;
- b) download and store in electronic form the Order Confirmation (as defined in Clause 6) from the Website; and
- c) copy and print, one copy only of the Order Confirmation and our Terms from the Website.
3.4 Copying, downloading, storing, scrapping or printing the materials on the Website for any reason other than personal use or in accordance with Clause 3.3 is expressly prohibited.
3.5 You agree that you will not (and will not assist or facilitate any third party to) otherwise reproduce, modify, copy, distribute, transmit, scape, publish, display, commercially exploit or create derivative works from any of the materials on the Website.
3.6 No licence is granted to you to use any of our trademarks or copyrights or those of our affiliated companies or licensors.
3.7 You agree that you will not use our or our licensor’s Intellectual Property Rights in any way other than allowed under these Terms and any infringement by you of our or our licensor’s Intellectual Property Rights will be a breach of these Terms and civil and criminal action may be taken.
4. USE OF THE WEBSITE
4.1 You are permitted to use the Website and the material contained in it only as expressly authorised by us and in accordance with these Terms, as may be amended from time to time, without notice to you.
4.2 Provided that you comply with all other provisions of these Terms, you may download or print one copy only of pages of our Website:
- a) for your own private use; or
- b) to draw attention to the content of our Website to members of your organisation.
4.3 You must not:
- a) download or print pages of the Website for commercial use other than use permitted by Clause 3.3;
- b) alter the content of any Website webpage you download or print; or
- c) use any images, videos or photographs on the Website.
4.4 You must:
- a) keep intact all and any copyright and proprietary notices accompanying or attached to the materials on the Website you download, copy, store or print; and
- b) acknowledge us as the owners of the content of the Website at all times.
4.5 You must not modify, adapt, scrape, translate, reverse engineer, decompile or disassemble any code or program used by or in connection with the Website. You must contact us to request our consent if you wish to take any such action to create an interoperable program and we may provide such consent, in writing, if you provide us with the information we request.
4.6 We provide access to and use of the Website on the basis that we exclude all representations, warranties and conditions to the maximum extent permitted by law.
4.7 We reserve the right to:
- a) Make changes to the information or materials on this Website at any time;
- b) Temporarily or permanently change, suspend or discontinue any aspect of the Website, including the availability of any features, Gift Cards, products, services, information, pricing, database or content or restrict access to parts of or the entire Website without notice or liability to you or any third party; and
- c) Refuse to post material on the Website or to remove material already posted on the Website at our sole discretion.
4.8 You may not use the Website for any of the following purposes:
- a) Posting any unlawful, harassing, libellous, defamatory, abusive, threatening, fraudulent, malicious, harmful, vulgar, obscene, or otherwise objectionable material;
- b) Stalking, harassing, threatening, blackmailing any person or violating or interfering with the rights of any other person, including their right to privacy;
- c) Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise;
- d) Breaching any applicable local, national or international laws, regulations or code of practice;
- e) Gaining unauthorised access to other computer systems, Website or servers;
- f) Interfering with any other person’s, entities or company’s use or enjoyment of the Website;
- g) Breaching any laws concerning the use of public telecommunications networks;
- h) Interfering with, disrupting or damaging networks or websites connected to the Website;
- i) The utilisation of data mining, robots (bots) or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website or the contents of the Website;
- j) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation;
- k) To create and/or publish your own database that features all or any parts of the Website or the contents of the Website;
- l) Making, transmitting or storing electronic copies of materials protected by copyright without the prior permission of the owner;
- m) Selling or re-selling or using for commercial purposes the; Website, any of the Website content, any Gift Cards, products or services available on the Website, access to the Website, ; or
- n) To represent to others that there is any connection between the Website and your business, website or your views and opinions, that we endorse you, are associated or partner with you or anything connected to you or your business.
4.9 In addition, you must not:
- a) Introduce viruses, Trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the Website or our server;
- b) Impersonate any other person or fraudulently provide us with incorrect information;
- c) Attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to it;
- d) Attack the Website or server via a denial-of-service attack or a distributed denial-of-service attack;
- e) Damage, disrupt or interfere with any part of the Website or server, any equipment or network on which the Website is stored or any software used for the provision of the Website; or
- f) Remove any copyright notice or notice of any other Intellectual Property Rights from the Website or any materials on the Website.
4.10 A breach of Clause 3 and/ or Clause 4 may be a criminal offence under the Computer Misuse Act 1990 or cause us to take civil action against you. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the Website, the Gift Cards, products and our services will cease immediately.
5. SUSPENDING OR TERMINATING YOUR ACCESS
5.1 We reserve the right to terminate or suspend your access to the Website our Gift Cards, products and services immediately and without notice to you if:
- a) we have reasonable grounds to believe that you are acting in You breach these Terms (repeatedly or otherwise);
- b) you are impersonating any other person or entity;
- c) when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;
- d) we suspect you have engaged, or are about to engage, or have in any way been involved, in fraudulent, defamatory or illegal activity on the Website and/or in the purchase or use of the Gift Cards;
- e) there are insufficient funds are loaded on your Gift Card at the time of a transaction to cover the amount of the transaction; or
- f) there are errors, failures (whether mechanical or otherwise) or refusals by merchants, payment processors or payment schemes processing transactions.
6. BASIS OF SALE
6.1 The description of the Gift Cards, products and services in our Website does not constitute a contractual offer to sell the Gift Cards, products and services. When an order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay. The order process is set out on the Website. Each step allows you to check and amend any errors before submitting the order. It is your responsibility to check that you have used the ordering process correctly.
Physical Gift Cards
6.2 A “Contract” will be formed for the sale of physical Gift Cards, products and services ordered only when you receive an email from us confirming the order, the value of the order, your delivery address and estimated delivery date (the “Order Confirmation”). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the order placed by you. By placing an order, you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Gift Cards, products and services supplied under the Contract. Any quotation is valid for a maximum period of 14 days from its date, unless we expressly withdraw it at an earlier time. No variation of the Contract, whether about description of the Gift Cards, products and services, prices, fees, delivery or otherwise, can be made after it has been entered into unless the variation is agreed by us in writing. Unless otherwise agreed by us, the use of our Gift Cards, products and services is personal to you and cannot be assigned or sold to a third party.
Digital Gift Cards
6.3 A “Contract” will be formed for the sale of digital Gift Cards, products and services ordered via the Website and confirmed via SMS via Twilio (https://www.twilio.com/) or an email via Twilio Send Grid (https://sendgrid.com/) (the “Digital Order Confirmation”). You must ensure that the Digital Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the order placed by you. By placing an order, you agree to us giving you confirmation of the Contract by means of an email or SMS with all information in it (i.e. the Digital Order Confirmation). You will receive the Digital Order Confirmation within a reasonable time after making the Contract. Once the Digital Order Confirmation is complete (via EML Money DAC (the “Issuer”), whose principal office is at Second Floor, La Vallee House, Upper Dargle Road, Bray, County Wicklow, A98 W2H9, Ireland. The Issuer is authorised by the Central Bank of Ireland under S.I. 83/2011 – European Communities (Electronic Money) Regulations 2011(Register ref: C95957) on behalf of us), the digital Gift Card will be added to the Love Local App (meaning the App platform on either Apple, Google or Samsung through which you can manage digital Gift Cards). No variation of the Contract, whether about description of the Gift Cards, products and services, prices, fees, or otherwise, can be made after it has been entered into unless the variation is agreed by us in writing. Unless otherwise agreed by us, the use of our Gift Cards, products and services is personal to you and cannot be assigned or sold to a third party.
7. PRICE AND PAYMENT
7.1 The price of the Gift Cards (both physical and digital), products and services and any additional delivery or other charges is set at the date of the order or such other price as we may agree in writing. Currently, there is a purchase fee of £3.50 for all digital Gift Cards. Prices and charges may include VAT, at the rate applicable at the time of the order. If the rate of VAT changes between your order date and the date we supply the Gift Cards, products and services, we will adjust the rate of VAT that you pay, unless you have already paid for the Gift Cards, products and services in full before the change in the rate of VAT takes effect.
7.2 You must pay by submitting your credit or debit card details with your order and Take Payments, our third-party payment provider, will take payment immediately or otherwise before delivery of the Gift Cards, products and services. Via Take Payments (our third payment processing provider), we accept Visa and Mastercard, according to their policy: www.takepayments.com/merchant-accounts/accept-card-payments/.
7.3 We may carry out Know Your Customer “KYC” checks using the company W2 Global Data (www.w2globaldata.com), for any Orders over £150 or €150.
7.4 For physical Gift Cards, you must pay for the physical Gift Cards and/ or products before we dispatch them. We will not charge your credit or debit card until we dispatch the physical Gift Card and/or products to you. If you do not pay us for the physical Gift Cards and/or products when you are supposed to and you still do not make payment within seven (7) days of us reminding you that payment is due, we may suspend supply of the physical Gift Cards and/or products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the physical Gift Cards and/or products. We will not suspend the physical Gift Cards and/or products where you dispute the unpaid invoice. We will not charge you for the physical Gift Cards and/or products during the period for which they are suspended. As well as suspending the physical Gift Cards and/or products we can also charge you interest on your overdue payments (see below).
7.5 For digital Gift Cards, you must have either of the following compatible devices:
Apple iSO 14 compatible devices, see link below:
iPhone models compatible with iOS 14.7 – Apple Support; or
Android 5.0 compatible device on either; Samsung (including the Galaxy S5, Galaxy Note 3 and 4) and or Google (including the Nexus 6) devices,
in order to purchase the digital Gift Card
7.6 You must pay for the digital Gift Cards and/ or products. There is an additional purchase fee of £3.50 for all digital Gift Cards. Digital Gift Cards are added to either your Apple Pay, Samsung Pay and Google Pay account as you selected
7.7 Digital Cards are valid for 60 months from purchase in your account, then if you have not used the entire funds of the digital Gift Card from month 13, then a monthly maintenance fee of £2.50 or €2.50 (as applicable) will be debited from your account until the digital Gift Card is entirely used or expires after 60 months.
7.8 If you do not pay us for the digital Gift Cards and/or products when you are supposed to and you still do not make payment within seven (7) days of us reminding you that payment is due, we may suspend supply of the digital Gift Card(s) and/or products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the digital Gift Card(s) and/or products. We will not suspend the digital Gift Cards and/or products where you dispute the unpaid invoice. We will not charge you for the digital Gift Card(s) and/or products during the period for which they are suspended. As well as suspending the digital Gift Cards and/or products we can also charge you interest on your overdue payments (see below).
7.9 If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
7.10 The price of the Gift Cards, products and services will be the price indicated on the Order Confirmation or Digital Order Confirmation (as applicable). We take all reasonable care to ensure that the price of the Gift Cards, products and services advised to you is correct. However please see below for what happens if we discover an error in the price of the Gift Cards, products and services in you order.
7.11 It is always possible that, despite our best efforts, some of the Gift Cards, products and services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Gift Cards, products and services correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Gift Cards, products and services 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 unmistakable and could reasonably have been recognised by you as a mispricing, we may end the Contract, in the case of Gift Cards and products; refund you any sums you have paid and require the return of all the Gift Cards and/or products provided to you, in the case of services ask you to pay the full price for the services given.
8. WHERE TO SPEND THE GIFT CARDS
8.1 You can use your Gift Cards to make purchases from approved merchants (“Approved Merchants”). The list of Approved Merchants is subject to change and is available at www.townandcitygiftcards.com/where-to-spend/ or www.townandcitygiftcards.ie/where-to-spend. Approved Merchants do not include limited acceptance merchants in the UK/EEA that do not accept prepaid debit cards and certain other categories of transactions including, but not limited to: money transfers, automated fuel dispensers, video entertainment rentals and gambling. You can only use your Card to make purchases from Approved Merchants.
8.2 Spending on your Gift Card
The following Limits shall apply to your Gift Card:
|Limits||Amount (£)||Amount (€)|
|Max Load / Balance||500.00||500.00|
|Orders Requiring government issued ID and KYC check||Over 150.00||Over 150.00|
|Max number of Transaction in a 24-hour period||10||10|
9.1 When you or your company purchase Town and City physical Gift Cards or our products on our Website, we endeavour to deliver the physical Gift Cards and/or products as follows:
Within the UK:
- Standard (Royal Mail 1st Class – to arrive 2 to 3 Working Days in Scotland after we have dispatched); or
- Express (Royal Mail Tracked- to arrive 1 Working Day in Scotland after we have dispatched).
Outside of the UK:
- International (Royal Mail International Standard to arrive between 4 to 14 Working Days in Scotland) plus import duties or other national or local taxes, as applicable.
9.2 You agree we may deliver the physical Gift Cards and/or products in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
9.3 If you or your nominee fail, through no fault of ours, to take delivery of the physical Gift Cards and/or products at the delivery location you have specified, we may charge the reasonable costs of storing and redelivering them. The physical Gift Cards and/or products will become your liability from the completion of delivery or your collection.
9.4 If you do not allow us access to your or your designated delivery location to perform the delivery as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the Contract and charge you for the additional costs.
10. IF THERE IS A PROBLEM WITH YOUR ORDER?
10.1 We do our best to make sure your physical or digital Gift Card or product is received with funds, but if it does not, we are here to help. Alternatively, if you wish to cancel or receive a refund, you can reach us on either:
- Telephone: (+44) 01738 444 376; or
- Email: email@example.com
10.2 If we do not deliver the physical Gift Cards, products and services on time, you can (in addition to any other remedies) treat the Contract at an end if:
- a) we have refused to deliver the physical Gift Cards, products and services completely, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
- b) after we have failed to deliver on time, we have discussed and you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
Then, if you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
11. IMPORTANT INFORMATION
11.1 Physical Gift Cards are valid for 12 months from the date of purchase/ issue. Digital Cards are valid for 60 months from purchase in your account, then if you have not used the entire funds of the digital Gift Card from month 13, then a monthly maintenance fee of £2.50 or €2.50 will be debited from your account until the digital Gift Card is entirely used. Physical and digital Gift Cards and products cannot be exchanged for cash or any monetary value. Lost or stolen cards will not be replaced or compensated.
11.2 We may have to suspend the supply of the Gift Cards, products and services to:
- a) deal with technical problems or make minor technical changes;
- b) update the Gift Cards, products and services to reflect changes in relevant laws and regulatory requirements; or
- c) make changes to the Gift Cards, products and services as requested by you or notified by us to you.
11.3 We may write to you to let you know that we are going to stop providing the Gift Cards, products and services. We will use our reasonable endeavours to let you know in advance of our stopping the supply of the Gift Cards, products and services and will refund any sums you have paid in advance for Gift Cards, products and services which will not be provided.
12. RISK AND TITLE
12.1 Risk of damage to, or loss of, any Gift Cards and/or products will pass to you when the Gift Cards and/or products are delivered to you or the address you designate or have been digitally purchased on your Apple Pay, Samsung Pay and Google Pay account (as you selected or selected on behalf of someone else). You do not own the Gift Cards and/or products until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Gift Cards and/ or products still owned by you, in which case you must return the Gift Cards or allow us to collect them, at your sole cost.
13. RETURN & REFUNDS POLICY
13.1 While we hope you will be happy with your Gift Card(s), products or services, we know you may sometimes need to return them and/or seek a refund . Please see below for further information.
14. REFUND AND CANCELLATION PERIOD
Physical Gift Cards
14.1 As per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, your right to request a refund starts from the moment we accept your order until 14 days after you receive your physical Gift Card(s). We cannot accept refunds beyond the 14-day cancellation period. Refunds can only be made on physical Gift Card(s) that have the full purchase value remaining. If you use the Gift Card(s) in part or whole then we cannot grant you a refund.
14.2 If you are exercising your right to change your mind you must return the physical Gift Card(s) within 14 days of telling us in writing (an email will suffice) you wish to cancel, otherwise your right will expire.
14.3 To return a physical Gift Card, please contact us at firstname.lastname@example.org or phone (+44) 01738 444 376. Once you have registered your refund and we have acknowledged it, please put your physical Gift Card into the post and send it back to Miconex Ltd, 13 Rose Terrace, Perth, PH1 5HA Scotland, with sufficient postage.
Digital Gift Cards
- When you order your digital Gift Card(s) through the Love Local App, you have a legal right to cancel your digital Gift Card(s) in writing (an email with suffice) up to 14 days after you purchase the digital Gift Card(s), without being charged a “Redemption Fee”, this 14-day period is known as the “Cooling-Off Period”. This is solely subject to you not using the digital Gift Card. Where you have used the digital Gift Card Clause 14.5 below will apply.
- In addition, you also have the right to cancel your digital Gift Card at any time after the 14-day Cooling-Off Period with written notice (an email will suffice). If you cancel your digital Gift Card, once the Redemption Fee of £10 or €10 (as applicable) has been deducted either from your digital Gift Card account (if there is insufficient funds), or your bank account (as applicable), we will arrange for any unused funds on your digital Gift Card to be refunded to you as per Clause 16 below.
- We may also cancel these Terms or suspend your Gift Card or account immediately if we believe your Gift Card is deliberately being used by you to commit fraud or for other illegal purposes. If we do this, we will tell you as soon as we are permitted to do so. If your Gift Card is cancelled, we will immediately block your Gift Card so it cannot be used. You will not be entitled to a refund of money you have already spent on authorised transactions, or pending transactions for use of the Gift Card before the Gift Card is cancelled or expires.
- You can cancel your digital Gift Card by contacting customer services in accordance with Clause 10.1 above.
15. RETURN COSTS
15.1 We will pay the costs of return of the physical Gift Cards and/ or products:
- a) if the physical Gift Cards and/or products are faulty or misdescribed; or
- b) if you are ending the Contract because we have told you of an upcoming change to the Gift Cards and/or products or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something, we have done wrong.
15.2 In all other circumstances (including where you are exercising your right to change your mind within the 14 days cancellation period) you must pay the costs of return of the physical Gift Cards and/or products. We would recommend a form of tracked mail to ensure safe receipt. We do not accept liability for the loss of your returned physical Gift Cards and/or products or your postage charges.
16. RECEIVING YOUR REFUND
16.1 Once the physical Gift Card or product has been received by us and verified or the digital Gift Card refund request has been verified and approved, your refund will be processed within 5 to 10 Working Days in Scotland. Refunds will be made to the credit or debit card used for your purchase only.
17. YOUR STATUTORY RIGHTS
17.1 Nothing in these Terms affects your statutory rights within the United Kingdom.
18. OUR RIGHT TO CANCEL
18.1 We may end the Contract for any Gift Cards, products and services 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 seven (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 Gift Cards, products and services, for example, delivery address or email address or Contract details;
- c) you do not, within a reasonable time, allow us to deliver the Gift Cards and/or products to you or collect them from us; or
- d) you do not, within a reasonable time, allow us to supply the services.
18.2 If we end the Contract in the situations listed above, we will refund any money you have paid in advance for the Gift Cards, products and/or services 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.
19. LINKING TO THE WEBSITE
19.1 You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.
19.2 Any agreed link must:
- a) be to the Website’s homepage and not to any other page on the Website;
- b) be established from a website that is owned by you and does not contain content that is offensive, controversial, defamatory, infringes any Intellectual Property Rights or other rights of any other person, company or entity or does not comply in any way with the law in the UK and the law in any country from which they are hosted;
- c) be provided in such a way that is fair and legal and does not damage our reputation or goodwill or take advantage of it;
- d) not suggest any form of association, approval or endorsement on our part where none exists;
- e) not cause the Website or content on the Website to be embedded in or ‘framed’ by any other website; and
- f) not cause the content of the Website to be displayed differently from the way it appears on the Website.
19.3 We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our Website homepage is at all times accurate
19.4 We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.
20. WEBSITE EXTERNAL LINKS
20.1 To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website, we are not responsible for the availability of such external websites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
- a) The privacy policies of such websites;
- b) The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources;
- c) The use which others make of these websites; and
- d) Any damage, loss or offence caused or alleged to be caused to you, your business or company, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources.
21.1 The content on the Website is provided for general information only. It is not intended to be advice on which you should rely. It shall be your responsibility to ensure that any Gift Cards, products and services or information available through the Website meet your specific requirements.
21.2 We attempt to ensure that the information available on the Website at any time is accurate. However, we do not guarantee the accuracy or completeness of material on this Website. We use reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. We make no commitment to ensure that such material is correct or up to date.
21.3 The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Terms or required by law).
21.4 We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses. malware or bugs.
21.5 We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.
21.6 You are responsible for maintaining appropriate anti-virus software on and appropriately configuring the technological devices, platform and computer programs you use to access the Website that are in your control. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses, Trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, hardware, software, peripheral computer equipment, computer programs, data, database or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
22. LIMITATION OF LIABILITY AND INDEMNITY
22.1 If you are a consumer, nothing in these Terms affects your legal rights. You can obtain advice about your legal rights from Citizens Advice if you need to.
22.2 We cannot exclude or limit our liability to you for:
- a) Death or personal injury resulting from our proven negligence;
- b) Proven fraud or fraudulent misrepresentation;
- c) Action pursuant to section 2(3) of the Consumer Protection Act 1987;
- d) Any liability, right or remedy which we cannot exclude or limit pursuant to the Consumer Rights Act 2015; or
- e) Any other matter for which it would be unlawful for us to exclude or attempt to exclude our liability within English law.
22.3 We, our officers, directors, employees, affiliates, agents, contractors, interns, suppliers, service providers, subcontractors or licensors will not be liable, in contract, tort (including, without limitation, negligence), strict liability or otherwise, including but not limited to; arising from your use of the Gift Card or our services or any Gift Card or our services procured via the Website, or for any other claim related in any way to your use of the Gift Card or our services, including, but not limited to; any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Gift Card or our services, or any content posted, transmitted, use of or reliance on any material or content displayed on or otherwise made available via the Website, or inability to use the Website, even if advised of their possibility, pre-contract or other representations (other than proven fraudulent or negligent misrepresentations) or otherwise, or any linked websites, or for any losses to you including but not limited to:
- a) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings);
- b) any loss of goodwill or reputation;
- c) any special or indirect losses;
- d) any loss of data and database;
- e) wasted management or office time; or
- f) any other loss or damage of any kind.
22.4 If you are not a consumer, we exclude all liability, including any liability in negligence, arising from your use or inability to access or use the Website or the Gift Cards other than that referred to in Clause 22.2.
22.5 If you are a consumer, we are responsible for foreseeable loss or damage which you suffer as a result of a breach by us of the Terms or as a result of our failure to act with reasonable care and skill. 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 before using the Website. We are not responsible for unforeseeable losses.
22.6 If you are not a consumer, you agree to fully indemnify, defend and hold us, our officers, directors, employees, affiliates, agents, contractors, interns, suppliers, service providers, subcontractors or licensors , harmless immediately on demand, from and against all claims, including but not limited to all losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, (including reasonable administrative and legal costs), arising out of any breach of these Terms by you, your business or your company, or any other liabilities arising out of your, your business or your company use of this Website or any other person accessing the Website using your personal information with your authority.
22.7 If you are a consumer you agree to fully reimburse us, our officers, directors, employees, affiliates, agents, contractors, interns, suppliers, service providers, subcontractors or licensors for all losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Terms by you, or any other act or omission by you in using the Website or by any other person accessing the Website using your personal information with your authority that results in any legal responsibility on our part to any third party.
23. FORCE MAJEURE
23.1 In the event of any failure by a party to fulfil their obligations in these Terms because of something beyond its reasonable control then:
- a) the party will advise the other party as soon as reasonably practicable; and
- b) the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the rights relating to delivery and any right to cancel the Contract.
23.2 In addition we shall have no liability to you for any breach of these Terms including but not limited to inability to provide the Gift Card or services or cancellation of a Gift Card or services caused by Force Majeure, an event or circumstance beyond our reasonable control including, but not limited to; strikes, lock-outs or other industrial disputes, breakdown of systems or network access; pandemic, epidemic, lockdown (national or local) flood, fire, explosion or accident, civil unrest or war.
24. USE OF PERSONAL DATA
25.1 We try to avoid any dispute, so we deal with complaints in the following way. If a dispute occurs the consumer should contact us on the details below and hopefully, we can find a solution:
- Email email@example.com or
- Telephone: (+44) 01738 444 376
25.2 We will aim to respond with an appropriate solution within five (5) working days in Scotland. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible in writing. If you and we cannot resolve a dispute using our complaint handling procedure, We will:
- a) let you know that we cannot settle the dispute with you; and
- b) give you certain information required by law about our alternative dispute resolution provider.
26.1 We reserve the right to change the domain address of this Website and any services, Gift Cards, products, prices, product specifications and availability at any time, at our sole discretion.
26.2 Each of the Clauses of these Terms should be considered separately. If any of the Clauses in these Terms are found to be unenforceable, invalid or illegal, the rest of the Clauses in these Terms will continue to be enforceable and have full effect.
26.4 These Terms are in English only.
26.5 We will not lose our rights under these Terms by reason of any delay by us in enforcing those rights. We will not be bound by any agreement not to enforce our rights under these Terms unless we have agreed not to do so in writing. Any delay by us in enforcing our right, non-enforcement of our rights or agreement not to enforce our rights in respect of one breach by you of these Terms will not prevent us from fully enforcing our rights in respect of any other breach by you of these Terms.
26.6 We may transfer, assign, subcontract, delegate, licence and mortgage our rights and obligations under these Terms to another legal entity, company or organisation.
26.7 You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
26.8 Unless it expressly states otherwise, these Terms do not give rise to any third-party rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.
27. GOVERNING LAW AND JURISDICTION
27.1 The Website is controlled and operated in the United Kingdom.
27.2 These Terms (including any non-contractual matters) are governed by the laws of England and Wales.
27.3 Subject to alternative dispute resolution which shall be based in England, all disputes (whether contractual or otherwise) shall be submitted to the exclusive jurisdiction of the courts of England and Wales.