GiftRound Limited

Ref: SK/LCR/GRL0002/474980

1. Terms and conditions of website use

1. Terms and conditions of website use

1.1 These terms and conditions ("Terms") provide the terms upon which you may make use of the website made available and operated at www.giftround.co.uk (“our site”). "You" are any person or business using Services from our site and if you are an individual acting for purposes that are wholly or mainly outside your trade, business, craft or profession you may also be referred to as "Consumer".

1.2 Please read these terms and conditions of website use carefully before you start to use our site. These Terms are a legally binding document and create binding obligations upon you.

1.3 By using our site, you accept these Terms and agree to abide by them. If you do not agree to these Terms, please do not use our site.

2. Information about us

2. Information about us

2.1 Our¬ site is made available and operated by Gift Round Limited ("Company", “we”, “our”, “us”) and by other persons acting on our behalf.

2.2 2. We are a company incorporated in Scotland (registered number SC515352) having its registered office at 49 Castleview Drive, Bridge of Allan, Stirling FK9 4BD.

If you are a Consumer:

These Terms set out:

• your legal rights and responsibilities;

• our legal rights and responsibilities; and

• certain key information required by law.

If you don't understand any of these Terms and want to talk to Us about it, please contact Us by:

• e-mail support@giftround.co.uk responding during business hours Monday to Friday 09:00 – 17:00

• telephone 0131 5641232 during working hours Monday to Friday 09:00-17:00

3. Definitions

3. Definitions

In these Terms the following expressions shall, unless the context otherwise requires, have the following meanings:

“Business Partners” means our business partners set out on our site from time to time and whose products are available for purchase on our site and in our Online Store;

"Collection Monies" means the amount raised by a Collection Organiser through our site in relation to a Collection;

"Collection Organiser" means a User who has paid to use the Service or is using it in terms of section 7 below;

"Intellectual Property Rights" means inventions, patent applications, patents, design rights, copyrights, trade marks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world;

“Online Store” means our online store selling goods from a variety of our Business Partners;

"Order" means the online order form to be completed by You when placing an order with us;

"Partner Sites" are as set out on our site from time to time;

"Service(s)" means the services operated and maintained by us, accessible via our site, or ancillary online or offline products and services provided to you by us, to which you are being granted access under these Terms;

“Transfer Fee” means a 7.5% fee (of total Collection Monies) to be deducted from the Collection Monies in the event a bank transfer is organised by the Collection Organiser; and

"User(s)" means individuals who use the Service and have been supplied user identifications and passwords by you (or by us at your request).

4. Use of site

4. Use of site

4.1 We reserve the right at our sole discretion to restrict access to some or all parts of our site by persons or organisations seeking to access our site.

4.2 You are responsible for making all arrangements necessary for you to have access to our site. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our site and is compatible with our site. You are also responsible for ensuring that all persons who access our site through any facilities provided by you or over which you have control are aware of these terms and conditions of website use and that they comply with them.

4.3 Anyone can access our site however in order to be able to contribute to a Collection (as defined in section 8.1) you must be resident in and accessing our site from a country supported by our payment service provider, Mangopay, www.mangopay.com

4.4 We have used reasonable endeavours to ensure that our site complies with UK laws. However, we make no representations that our site or the Services are appropriate or available for viewing, access or use in locations outside of the UK. If you access our site from other locations you do so at your own initiative and are responsible for compliance with all laws applicable to such location. If viewing, accessing or using our site, the Services is contrary to or infringes any applicable law in your place of access or place of residence, you are not authorised to view, access or use our site, the Services and you must exit immediately. If making available the Services in your place of access or place of residence or to you (by reason of nationality, residence or otherwise) is prohibited, the Services are not made available to you. You accept that if you are resident outside of the UK, you must satisfy yourself that you are lawfully able to use the Services.

4.5 We shall use reasonable endeavours to ensure that our site and any Services are available and that our site operates properly at all times.

4.6 We may suspend the availability or operation of our site or the availability of any Services on a temporary or indefinite basis as we may in our sole discretion determine.

4.7 Our services must only be for organising collections for the purchase of gifts and within a private group. Anyone suspected of organising a collection that is for a cause or campaign or are inviting peole to contribute outside of a private group may have their collection suspended and contributions returned with a 10% fee.

4.8 Collections are not allowed for; gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to raffles, betting games, sports betting, fantasy sports, racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), promotions involving monetary rewards, including gift vouchers, or sweepstakes;

4.9 Collections must not exceed £1000. If you think your collection is going to reach this limit please email support@giftround.co.uk

4.10 All content added to collections belongs to Gift Round Limited. This includes, Collection Name, Collection Description and all Comments left by contributors. Gift Round Limited can use this text for any purpose.

4.11 In all cases Gift Round Limited reserve the right to cancel a collection and refund all contributors without limitation.

5. Your Obligations

5. Collection Organiser Your Obligations

5.1 To register to open a collection you must be 18 years of age and reside within the UK.

5.2 You are responsible for all activity on the User accounts and shall comply with all applicable laws and regulations in connection with use of the Service, including those related to data protection, international communications and the transmission of technical or personal data.

5.3 You shall notify us immediately of any unauthorised use of any password or account or any other known or suspected breach of security.

5.4 You must not:

• 5.4.1 misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful including that which may damage, detrimentally interfere with, surreptitiously intercept or expropriate our systems, data or information;

• 5.4.2 attempt to gain unauthorised access to our site or any part of it, the servers on which our site is stored or any server, computer or database connected to our site, which you are not expressly entitled to access;

• 5.4.3 use any robot, spider, other automatic device, or manual process to monitor or copy our site, or use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our site;

• 5.4.4 use an anonymising proxy to access our site;

• 5.4.5 attack our site via a denial-of-service attack or a distributed denial-of service attack;

• 5.4.6 take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or that may cause us to lose any of the services from our service providers, including our internet or payment service providers; or

• 5.4.7 do, or omit to do, or attempt to do or omit to do, any other act or thing which may interfere with the proper operation of our site.

5.5 Where you are a Collection Organiser and paying for the Services, you are hereby granted a non-exclusive, non-transferable, right to use the Services, solely for your own personal use subject to these Terms.

5.6 You shall not license, sublicense, copy, modify, adapt, sell, resell, create derivative works from, transfer, assign, distribute or otherwise commercially exploit or make available in any way to any third party the Service.

5.7 If you breach this provision, we have the right to report any such breach to the relevant law enforcement authorities, and third parties whose interests may be endangered by your actions, and we will co-operate with those authorities and persons by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

6. Charges and Fees

6. Charges and Fees

6.1 If you are a Collection Organiser you shall pay all fees or charges to the Company in accordance with the fees and charges specified in the Order.

6.2 All fees and charges payable to the Company on the terms specified in the Order or otherwise shall be paid by you at the point of placing the Order.

6.3 All payments to the Company in accordance with these Terms and the Order shall be made in Sterling by electronic transfer to such bank account as the Company may direct from time to time.

7. Photo ID for Bank Transfers

7. Photo ID for Bank Transfers

7.1 If you are setting up your collection for a bank transfer as of 1 September 2019 you are required by The European Union’s Fourth Anti-Money Laundering Directive to provide an increased level of authentication in the form of photo ID.

Photo IDs are securely delivered directly to our payment provider and not accessible or visible to Gift Round Limited. As a requirement by law Mangopay hold ID images for a required 6 year period.

• 7.1.1 If a collection organiser wishes to transfer the money collected to an individuals bank account then you must upload via the GiftRound platform a photo of either your passport (photo page) or you driving licence (front and back). This is a once only process and the photos are not seen or held by GiftRound but with our payment provider Mangopay.

• 7.1.2 If the collection organiser wants to purchase a gift through the GiftRound Store or with one of our Business Partners this extra level of security is not needed. (The increase security check is carried out with our Business Partners)

• 7.1.3 Should the collection organiser wish to cancel a collection and request the refund of all contributions an administration fee of 15% shall be added to each refund. (for example, a refund of £10 shall be charged 15% and £8.50 shall be refunded)

7.2 Bank transfers can only be made to bank accounts within the UK.

8. Collection Payment

8. Collection Payment

8.1 Our site includes facilities whereby users may make a payment to support group collections which have been arranged by the Collection Organisers (“Collections"). Users also have the option to make an additional payment of £0.54, with any such additional payment being paid to our developers.

8.2 Maximum contribution amount £250.00.

8.3 If you are contributing from outside the UK additional charges may be added by your bank or card provider.

8.4 Collections can be open to collect payment for a period of up to 60 days from the date of the Order after which no further payments can be made to that Collection.

8.5 Once a collection has passed its end date it becomes closed you may wish to extend the collection but it must not be extended beyond the 60 days from its creation.

8.6 Where a payment is made, it is made directly to the fund for the Collection Organiser. In respect of payments, we are acting solely as the disclosed agent of the Collection Organiser, assisting with the collection and remission of the payment to those Collections. Full details of who Collection Organisers are, and their contact details, are set out upon our site. In return for the making of a payment, the Collection Organisers may arrange for gifts to be purchased through one of our Partner Sites. Once a payment is made to a Collection it may not be canceled or refunded and if you wish to do so this is a private matter between you and the Collection Organiser for which we have no responsibility or liability

8.7 Our liability is limited to the circumstances where we fail properly to assist with the collection and remission of payments. Where we fail properly to assist with the collection and remission of payments, our liability shall be limited to the amount of the Collection Monies.

8.8 Once a collection has ended the organiser has 12 months in which to choose the e-voucher you wish to use for your collection, to make a purchase from our Online Store or to transfer the money to a bank account. Beyond 12 months the collection shall be removed from your dashboard and money held by Gift Round Limited for a further 6 months before being held indefinitely.

8.9 If you are a Collection Organiser, once a Collection has ended, you can

8.9.1 use the Collection Monies to purchase a gift e-voucher through one of our Partner Sites (subject to a 0% charge of the total Collection Monies which shall be deducted by us prior to the purchase being complete) subject to the use of that voucher being subject to the Partner Sites specific T&C’s; or

• 8.9.2 use the Collection Monies to purchase a gift e-voucher for use in our Online Store; or

• 8.9.3 use the Collection Monies to purchase items from our Online Store.

• The issue of the gift voucher should be delivered by email within 24 hours of a request being made Monday – Friday collections completed on Saturday and Sunday may take 48 hours. If the voucher is not delivered by email within a 24 hour period then please contact GiftRound support@giftround.co.uk

8.10 If you purchase items from our Online Store as set out above, you must use the entire Collection Monies.

8.11If you are a Collection Organiser, once a Collection has ended, you can elect to 'Bank Transfer':

• 8.10.1 Collection Organisers must upload a valid form of ID that is securely delivered to our payment provider Mangopay as part of their KYC requirements to comply with AML4 regulations.

• 8.10.2 To take the Collection Monies directly to your nominated account (subject to the Transfer Fee).

• 8.10.2 To allow for bank processing time it please allow 48 hours during working days after your ID verification (ID variation can take 24 hours) has been successful. No payments are made by our payment provider during the weekend, UK and European Bank Holidays please contact GiftRound support@giftround.co.uk.

8.12 You understand that in the event you make a purchase from the Online Store, you will be subject to our Business Partners’ terms & conditions (including but not limited to any e-voucher terms, returns, incorrect orders, faulty products or issues with delivery), a copy of which shall be made available to you at the time you place an order.

9. Partner Sites Information

9. Partner Sites Information

• 9.1.1 Our partner sites are, www.skchase.com, johnlewispartnership.co.uk. There terms and conditions can be found:

• 9.1.2 SK Chase, https://giftround.skchase.com/terms-conditions

• 9.1.3 John Lewis & Partners, https://www.johnlewis.com/customer-services/shopping-with-us/terms-and-conditions

• 9.1.4 Waitrose & Partners, https://www.waitrose.com/content/waitrose/en/corporate_information_home/corporate_information/legal_notices/terms_and_conditions.html

10. Payment process

10. Payment process

10.1 . You must submit to us a request to make a contribution. We may refuse your Contribution for whatever reason we may in our sole discretion determine.

10.2 Upon receipt of your Contribution we shall confirm receipt of such to you using online electronic means only.

10.3 You acknowledge that the payment website (Mangopay) is a website made available by a third party and as such we do not have control over its operation. We exclude all liability for any damages, loss, costs or expenses relating to or arising out of your use of or interaction with the payment website.

10.4 In respect of the Payment Website you undertake and warrant:

• 10.4.1 to abide by any terms and conditions relating to use of or interaction with the Payment Website; www.mangopay.com https://www.mangopay.com/terms/MANGOPAY_Terms-EN.pdf

• 10.4.2 that any information submitted by you to the Payment Website will not be false, inaccurate or misleading; and

• 10.4.3 not to engage or attempt to engage in any potentially fraudulent or unauthorised activity or any activity that does or may present a credit or fraud risk to us, the provider of the Payment Website or any third party.

10.5 Our service providers may charge other fees to attend to payments. These will be set out on the Payment Website.

10.6 We may deduct any sums due from you to us from any sums collected on your behalf, by us or our service providers.

10.7 Limits on collection size and Know Your Customer Limits. Our KYC limits are set by our payment provider Mangopay:

• KYC means "Know Your Customer" and is a set of legal obligations related to our license as an Electronic Money Issuer. KYC is necessary in order to fight fraud, money laundering and financing of terrorism. Today, there are 3 levels of validation managed through the API:

• Light validation: Collection organisers with transactions worth less than €2,500 for cash-in and/or €1,000 for cash-out cumulated per legal year and per user (transfers are also counted in this equation). To qualify you must provide a basic level of contact information which is collected in the sign up process.

• Regular validation: Collection organisers with transactions worth more than €2,500 for cash-in and/or €1,000 for cash-out cumulated per legal year and per user. To qualify for this level of authentification a scanned Passport or Driving license must be provided.

• Strong validation: Clients suspected of money laundering and/or terrorism and/or politically exposed persons.

11. Intellectual Property

11. Intellectual Property

11.1 We own all right, title and interest, including all related Intellectual Property Rights, in and to our Service.

11.2 Other than the right to use the Service as set out in these Terms, you acquire no right to use any of such items and have no right to any intellectual property right in them.

12. Termination

13. Disclaimer

13.1 We make no representation or warranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the service or any content. We make no representation or warranty that (a) the use of the service will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your requirements or expectations, (c) the service will meet your requirements or expectations, (d) the service or the server(s) that make the service available are free of viruses or other harmful components. The service and all content is provided to you strictly on an "as is" basis, (e) any stored data will be accurate or reliable, or (f) errors or defects will be corrected.

13.2 All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, quality, fitness for a particular purpose or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by us.

13. Disclaimer

13.1 We make no representation or warranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the service or any content. We make no representation or warranty that (a) the use of the service will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your requirements or expectations, (c) the service will meet your requirements or expectations, (d) the service or the server(s) that make the service available are free of viruses or other harmful components. The service and all content is provided to you strictly on an "as is" basis, (e) any stored data will be accurate or reliable, or (f) errors or defects will be corrected.

13.2 All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, quality, fitness for a particular purpose or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by us.

14. Cookies and other policies

14. Cookies and other policies

14.1 By accepting these Terms, you consent and agree to the use of all cookies and related tracking devices on our site. Details of such devices as applicable to our site are detailed in the "Cookies Policy" section on our site. You confirm that you shall make all Users aware that you have consented to this as the party paying for the Services and that this consent will therefore be deemed to apply to their own use of the Services as this will be in the course of their employment or consultancy.

14.2 You also acknowledge that use of our site will be subject to such other policies as are specified on our site from time to time.

15. Notices

15. Notices

15.1 We may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in our account information, or by written communication sent by first class mail or pre-paid post to your address on record in our account information.

15.2 You may give notice to us (such notice shall be deemed given when received by us) at any time by written communication sent by first class mail or pre-paid post to our registered office.

15.3 Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email).

16. Governing law and jurisdiction

16. Governing law and jurisdiction

16.1 These terms shall be governed by and construed in accordance with the law of Scotland.

16.2 Each party irrevocably agrees to submit to the exclusive jurisdiction of the courts of Scotland over any claim or matter arising under or in connection with these Terms.

17 Payment Website Mangopay T&C’s & Confidentiality Policy

17 Payment Website Mangopay T&C’s & Confidentiality Policy

17.1 Users fully accept the terms and conditions and Confidentiality Policy of our payment provider Mangopay and can be found here: https://www.mangopay.com/terms/MANGOPAY_Terms-EN.pdf & https://www.mangopay.com/privacy/

18 GiftRound e-Gift Card: special terms and conditions

These special terms and conditions only apply to GiftRound Store e-Gift Cards and not other retailer e-Gift Cards that are available to purchase through GiftRound.

When purchasing a GiftRound e-Gift Card or using a GiftRound e-Gift Card to make a purchase on GiftRound Store, you agree to be bound by the Customer Terms above and also to be bound by the special conditions relating to Gift Cards below.

How to purchase and redeem GiftRound Gift Cards

1. When purchasing a Gift Card from GiftRound the purchaser must choose a Card.

2. e-Gift Cards will be dispatched by email to the designated email account as soon as payment for the email Gift Card has been cleared.

4. It is the responsibility of the purchaser to ensure that the delivery email address or physical address entered is correct. We cannot be responsible for the incorrect delivery of Gift Cards due to an error by a customer (such as, a mis-typed email address).

5. Gift Cards are only available for purchase in pounds sterling using your GiftRound collection account.

6. When redeeming a Gift Card the unique code and pin (if applicable) stated on the Gift Card will need to be entered at the checkout. If the holder of the Gift Card does not have an account with us they will be required to open one in order to redeem the Gift Card.

7. The holder of a Gift Card can only redeem the value against us. The Gift Card cannot be redeemed against Vendors and are not accepted as a means of payment by Vendors featured on our Site.

8. Where a holder of a Gift Card redeems a Gift Card against us, we will show a credit on their online account with an equivalent sum. In turn we will apply the funds received by us as principal as payment for the Gift Card against the price to be paid for the goods or service selected for purchase on the Site and deduct this from the credit to the holder’s online account.

9. If the goods purchased total less than the value of the Gift Card, any remaining Gift Card balance will be held against your account on GiftRound under 'my funds'.

10. If credit under a Gift Card is insufficient for us to meet the full cost of the goods purchased the balance must be paid by credit or debit card when the Gift Card is redeemed. You cannot redeem a Gift Card and make a Credit card or Debit card payment in the same purchase.

12. Our Customer Terms shall apply regarding the purchase of goods or services regardless of whether you redeemed a Gift Card as part of the purchasing process.

General Gift Card terms and conditions

13. By purchasing and/or redeeming a Gift Card you will be deemed to have read and understood these terms and conditions and agree to be bound by them.

14. The Customer Terms on the Site shall apply to Gift Cards. If and to the extent there is a conflict or inconsistency between the Customer Terms and these General Gift Card terms and conditions or Gift Card terms and conditions featured on a Gift Card, the General Gift Card terms and conditions and Gift Card terms and conditions featured on a Gift Card (as applicable) shall prevail to the extent of the conflict or inconsistency. The defined terms used in the Customer Terms shall also apply to these General Gift Card terms and conditions.

15. GiftRound Store Gift Cards can only be accepted by and redeemed against us on GiftRound Store such that we apply our funds towards the purchase of items currently featured on our Site including postage and packaging (subject to availability).

16. Gift Cards are an arrangement between you and us or the Gift Card holder and not the Vendors using GiftRound. Vendors do not directly accept Gift Cards as payment for any goods and services sold on the Site and we will pay the Vendors a cash sum equivalent to the value of the Gift Card redeemed against us. Gift Cards cannot be redeemed on the individual websites of any Vendors on GiftRound.

17. Gift Cards cannot be purchased in conjunction with any other goods on GiftRound in the same transaction.

18. Gift Cards cannot be used to purchase other Gift Cards.

19. The maximum value of Gift Cards that can be purchased in any one order is £500.

21. We shall not be responsible if a Gift Card is lost, stolen, damaged, impaired, corrupted, destroyed, deleted or used without permission. We reserve the right to refuse to accept a Gift Card which we deem to have been duplicated, or otherwise is suspected to be affected from fraud.

22. We cannot be held responsible for Gift Cards that cannot be delivered due to the recipient's spam filters, firewalls, capacity of the mailbox, any other factors outside of our control or incorrect physical address.

23. Gift Cards cannot be returned or refunded, except in accordance with your legal rights. Gift Cards cannot be exchanged for cash or transferred for value.

24. GiftRound Gift Cards are valid for 12 months from date of issue.

25. Gift Cards are provided and operated by GiftRound Limited (registered number SC515352) having its registered office at 49 Castleview Drive, Bridge of Allan, Stirling FK9 4BD and its registered Gift Card agents.

26. We reserve the right to amend these Gift Card: special terms and conditions and General Gift Card terms and conditions at any time without notice and may take appropriate action, including the cancellation of a Gift Card if, in our absolute discretion, we deem such action necessary.