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.com (“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.
2.1 Our site is made available and operated by GiftRound 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:
If you don't understand any of these Terms and want to talk to Us about it, please contact Us by:
In these Terms the following expressions shall, unless the context otherwise requires, have the following meanings:
"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;
"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; 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).
4.1 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. Anyone suspected of organising a collection that is not for a gift may have their collection suspended and contributions returned with a 5% fee.
4.8 Collections are not allowed:
4.9 Collections must not exceed £1000. If you think your collection is going to reach this limit please email firstname.lastname@example.org
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:
5.5 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.
6.1 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.
7.1 If you are a Collection Organiser, we may make the Services available to you for a trial period, the duration of which will be specified in the Order. During any such trial period all the provisions of these Terms will apply, save that:
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").
8.2 Maximum contribution amount £250.00
8.3 If you are contribution 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 it’s end date it becomes closed you may wish to extend the collection but it must not be extended beyond the 60 days from it's 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 28 days in which to chose the e-voucher you wish to use for your collection or transfer the money to a bank account. Beyond 28 days and if there has been no response to communication from the Collection Organiser then all contributions shall be returned with a 5% administration charge.
8.9 If you are a Collection Organiser, once a Collection has ended, you can elect to order an e-voucher:
8.10 . If you are a Collection Organiser and wish to elect to Collection Monies directly to your nominated account you must contact Gift Round Limited directly, email@example.com, before you set up the collection, once a Collection has ended:
10.1 . You must submit to us a request to make a payment (a “Payment Request”). We may refuse your Payment Request for whatever reason we may in our sole discretion determine. Payment Requests may be submitted only through the form provided upon our site.
10.2 Upon receipt of your Payment Request we shall confirm receipt of such to you using online electronic means only. You are then required to indicate your acceptance by clicking upon the “Contribute” button provided within the body of our confirmation (your “Confirmation”), if you wish to make the payment detailed therein. We reserve the right to limit the period during which our confirmations remain valid. If our confirmation expires before you provide your Confirmation you may be required to recommence the procedure provided for in this section to make the relevant payment.
10.3 Upon the provision of your Confirmation you will be forwarded to the website of our chosen payment services provider (the “Payment Website”) in order to remit to us the payment. You must remit the payment using the payment methods provided upon the Payment Website. You may not remit the payment using any other method.
10.4 You acknowledge that the payment website 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.
10.5 In respect of the Payment Website you undertake and warrant:
10.6 Our service providers may charge other fees to attend to payments. These will be set out on the Payment Website.
10.7 We may deduct any sums due from you to us from any sums collected on your behalf, by us or our service providers.
10.8 Limits on collection size and Know Your Customer Limits. Our KYC limits are set by our payment provider Mangopay:
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.
12.1 If you are a Consumer, you have a right to cancel an agreement made over the internet without liability which lasts for fourteen (14) days following your entry into that agreement. If you exercise this right to cancel sums paid by you, you will be refunded using the same means you used to pay over those sums. Note this does not allow any person who has made a payment to a Collection to cancel in once it has been paid.
12.2 When you agree to these Terms, as part of the process of registering to use our site, you expressly request that we commence providing services to you. As such you will lose your right to cancel without liability. This means that whilst you may still cancel the agreement between you and us, some or all of the sums paid by you may be retained, and not refunded to you.
12.3 To exercise your right to cancel you must inform us. We would prefer if you email us at firstname.lastname@example.org
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.
14.1 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.
15.1 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).
16.1 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.
17.1 Users fully accept the terms and conditions of our payment provider Mangopay and can be found here: https://www.mangopay.com/terms/MANGOPAY_Terms-EN.pdf