T&Cs

These terms and conditions (Terms of Use) constitute an agreement between you, as a user or recipient of our service, and Quiet Explosion Limited (we, us and/or Giftie) regarding services offered to you through the Giftie virtual gift wrapper service (the Giftie Service). The Terms of Use include the Privacy Policy. By visiting our website at www.hellogiftie.com or by using the Giftie Service you signify your agreement to the Terms of Use.   Please read these Terms of Use carefully before you start to use the Giftie Service. By proceeding to use the Giftie Service, you enter into a binding legal agreement with Giftie and confirm that you accept the Terms of Use including the Privacy Policy and agree to comply with them. If you disagree with any of the Terms of Use, please do not use the Giftie Service.

The Giftie Service is operated by Quiet Explosion Limited, a private company limited by shares, incorporated and registered in England and Wales with company number 063838746 whose registered office is at 19 Titan Court/Laporte Way, Luton LU4 8EF. We reserve the right, in our sole discretion, to modify and revise the Terms of Use at any time, without notice, and you agree to be bound by such revisions or modifications. You should periodically review the most recent version of the Terms of Use at www.[Giftie].com. Your subsequent use of the Giftie Service following any amendment of the Terms of Use will signify your assent to and acceptance of its revised terms.

The Giftie Service

The Giftie Service provides a unique personalised, virtual wrapper for any gift that you purchase for your recipient and it enables your recipient to express further preferences, or alternative, or additional preferences in relation to their gift and to provide specific delivery and other instructions in relation to their gift.  Any contract for the purchase of gifts, goods or products (“Contract”) is between You and the supplier or retailer of such gifts, goods or products. We are not a party to such Contract and are therefore not responsible for any breach or non-fulfilment of such Contract by such supplier or retailer. We do not process any payments in relation to any such Contract. Accordingly, You agree to indemnify us for and against any losses, costs, claims or expenses that you as a sender or recipient of any gift using the Giftie Service suffer or incur as a result of such any breach or non-fulfilment of such Contract by such supplier or retailer.

Conditions Of Use

The Terms of Use apply to all users of the Giftie Service. The Giftie Service is offered to users on a limited, non-exclusive, non-transferrable, revocable basis subject always to the Terms of Use. Except as expressly permitted in these Terms of Use or otherwise with our consent you will not, nor allow any third parties on your behalf to: (i) copy, download, lend, capture, reproduce, archive, share, distribute, modify, translate, display, transmit or make available to the public the Giftie Service or any parts thereof, (ii) remove or alter any copyright or other proprietary notice of Giftie from the Giftie Service (iii) block, disable, obscure or impair any advertising on the Giftie Service, (iv) incorporate the Giftie Service into another service or website or make it available via frames (v) reverse engineer, disassemble, alter, de-compile, copy, transfer, exchange, modify, sub-license, create derivative works of any kind whatsoever from, distribute or provide others with the Giftie Service or any part thereof, (vi) extract any data or metadata from the Giftie Service nor create any index or database incorporating any part of it, (vii) use the Giftie Service in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person, (viii) circumvent, disable or otherwise interfere with any security-related features of the Giftie Service or features that prevent or restrict use or copying of any part of the Giftie Service or enforce limitations on use of the Giftie Service or the content therein, or (ix) do anything that may cause damage to the Giftie Service.

Giftie reserves the right at its discretion to amend or withdraw the Giftie Service, change its functionality or charge for the Giftie Service provided in accordance with these Terms of Use.

You acknowledge and agree that the Giftie Service is currently made available to you for your personal, non-commercial use and you will not and will not allow any other person to use the Giftie Service for any purpose which is commercial, unlawful or otherwise improper without Giftie’s prior consent.

Without prejudice to the generality of the above provisions you agree as follows: (i) not to use any text, images, graphics, audio, video, or audio-visual materials or data that you do not own or that you have not obtained permission to or acquired the right to use, (ii) not to use any text, images, graphics, audio, video, or audio-visual materials or data with the Giftie Service that contain any violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive content, (iii) not solicit, collect, use or publish the login credentials of other Giftie Service users, (iv) not to defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities nor post private or confidential information via the Giftie Service, including, without limitation, your or any other person’s credit card information, social security, national identity numbers, non-public phone numbers or non-public email addresses, (v) not to use the Giftie Service for any illegal or unauthorized purpose and to comply with all laws, rules and regulations Giftie Service, including but not limited to, copyright laws, (vi) that you are solely responsible for your conduct and for any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, links and other content or materials that you use or display on or via the Giftie Service, (vii) not to change, modify, adapt or alter the Giftie Service or change, modify or alter another website so as to falsely imply that it is associated with the Giftie Service, (viii) not to interfere with or disrupt the Giftie Service or servers or networks connected to the Giftie Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature nor inject content or code or otherwise alter or interfere with the Giftie Service in any way, (ix) that you will comply with any requirements, conditions or restrictions imposed by any person on the usage with the Giftie Service of any third party text, images, graphics, audio, video, or audio-visual materials or data `(“User Content”) and that you accept that you are solely responsible for making use of User Content in compliance with any such third party requirements, conditions or restrictions, (xi) that you will remove within 24 hours any User Content or other information that we or the owner ask you to remove, (xii) obtain a person’s consent before including their User Content in any way.

Violation of these Terms of Use may, at our sole discretion, result in termination of your account. You understand and agree that we cannot and will not be responsible for any content posted on the Giftie Service and you use the Giftie Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of the Giftie Service to you.

We reserve the right to modify or terminate the Giftie Service or your access to the Giftie Service for any reason, without notice, at any time, and without liability to you. 

Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.

We reserve the right to refuse access to the Giftie Service to anyone for any reason at any time.

We may, but have no obligation to, remove, edit, block, and/or monitor content or accounts containing content that we determine at our sole discretion violates these Terms of Use.

You agree that you are responsible for all data charges you incur through use of the Giftie Service.

We do not claim ownership of any content that you use through the Giftie Service but you hereby grant to us a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the content that you post on or through the Giftie Service for the delivery of the Giftie Service service to you and to recipients of your gifts.

The Giftie Service may, in the future, be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that we may place such advertising and promotions on the Giftie Service or on, about, or in conjunction with your content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

You represent and warrant that: (i) you own the content posted by you on or through the Giftie Service or otherwise have the right to grant the rights and licenses set out in these Terms of Use; (ii) the posting and use of your content on or through the Giftie Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of content you post on or through the Giftie Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

The Giftie Service may contain content owned or licensed by us (“Giftie Content”). Giftie Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and us. We own and retain all rights in the Giftie Content and the Giftie Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Giftie Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Giftie Content.

The Giftie name, logos, strap-lines and graphics are trademarks of Giftie and may not be copied, imitated or used, in whole or in part, without the prior written permission of Giftie.   

Although it is our intention for the Giftie Service to be available as much as possible, there will be occasions when the Giftie Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, we reserve the right to remove any content from the Giftie Service for any reason, without prior notice. Content removed from the Giftie Service may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, we encourage you to maintain your own backup of your content. In other words, Giftie is not a backup service and you agree that you will not rely on the Giftie Service for the purposes of content backup or storage. Giftie will not be liable to you for any modification, suspension, or discontinuation of the Giftie Service, or its effect on any other Giftie Services, or the loss of any content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of content or other information may not be secure.

You agree that we are not responsible for, and do not endorse, content posted within the Giftie Service. We do not have any obligation to pre-screen, monitor, edit, or remove any content. If your content violates these Terms of Use, you may bear legal responsibility for that content.

Advertising

You acknowledge that the Giftie Service may, in the future, be supported by advertising revenues and you hereby agree that Giftie may place such advertising and promotions on the Giftie Service or on, about, or in conjunction with your content. The manner, mode and extent of such advertising and promotions are subject to change without notice to you. We may at our sole discretion provide the ability to pay to remove advertisements via the settings menu within the Giftie Service.

Third Party Websites

 You acknowledge that the Giftie Service may contain links to third party websites (whether by way of advertisements or otherwise) that are not owned or controlled by Giftie. You acknowledge that Giftie has no control over, and assumes no responsibility for the content, privacy policies or practices of any third party websites and such links should not be interpreted as an endorsement by Giftie of those linked websites. In addition, Giftie will not and cannot censor or edit the content of any third-party site. By using the Giftie Service, you expressly relieve Giftie from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Giftie Service and to read the terms and conditions and privacy policy of each other website that you visit.

Giftie does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Giftie Service or any hyperlinked services or featured in any banner or other advertising, and Giftie will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

Availability 

Giftie will use reasonable endeavours to ensure that the Giftie Service is available for use at all times. However you acknowledge the Giftie Service is provided over the internet and mobile networks and so the operation and availability of the Giftie Service may be affected by factors outside of Giftie’s control at any time for any reason. Giftie does not guarantee that use of or access to the Giftie Service will always be available and/or uninterrupted.

Giftie will not be liable for any support or maintenance of the Giftie Service.

You acknowledge that the Giftie Service is provided on an as-is and as-available basis, with no warranty of any kind, express or implied, including its fitness for any particular purpose. Giftie does not guarantee that the Giftie Service will be free from error, omission or defect, and expressly disclaims any such representation or warranty. Giftie expressly disclaims all liability for the availability, security or reliability of the Giftie Service.

Giftie may suspend, withdraw, discontinue or change all or any part of the Giftie Service without notice. In the event of a failure, error or defect of the Giftie Service, or any part thereof, Giftie will have no liability for any damage or loss this may cause. You agree to use the Giftie Service at your own risk, and assume, to the maximum extent permitted by law, liability for any loss resulting from your use of the Giftie Service.

Giftie’s Intellectual Property Rights 

You acknowledge and agree that except as expressly set out herein, Giftie is the owner or licensee of all rights, titles and interest in and to the Giftie Service, including all intellectual property rights therein and with respect thereto, including without limitation copyrights, patents, trademarks, associated trade secrets and moral rights (Giftie IPR).

Although expressly forbidden in these Terms of Use, if you copy, reproduce, alter, modify, reverse engineer, disassemble, decompile or create derivative works from or in connection with the Giftie Service, or any component thereof, any such alterations or derivative works will be the sole and exclusive property of Giftie.

You agree not to challenge Giftie’s exclusive ownership of the Giftie IPR. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content of the Giftie Service, or allow any virus or ‘Trojan horse’ software to be introduced to the Giftie Service or the hardware or software systems supporting the Giftie Service.

You may not use the Giftie IPR (including the trade marks) without specific prior written consent from Giftie in each case.

 Giftie’s status as the proprietor of the Giftie Service must always be acknowledged.

Warrenties  

You agree that your use of the Giftie Service will be at your sole risk. To the fullest extent permitted by law, Giftie, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Giftie Service and your use thereof. Giftie makes no warranties or representations about the Giftie Service including but not limited to warranties concerning its functionality, fitness for a specific purpose, quality, accuracy or completeness of the Giftie Service or the content contained therein or of any site linked to Giftie’s Website.

Limitation Of Liability

Nothing in the Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may Giftie apply to the Giftie Service, whether express or implied. Giftie will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (ii) use of, or inability to use, the Giftie Service or any business interruption, (ii) any inability to access or use the Giftie Service if locked by us; (iii) use of or reliance on the functionality of the Giftie Service, (iv) any interruption or cessation of transmission to or from the Giftie Service, (v) any bugs, viruses, ‘Trojan horse’ software, or the like which may be transmitted to or from the Giftie Service, (vi) any distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, systems, data or other proprietary material due to your use of the Giftie Service, or to your accessing website linked to the Giftie Website, (vi) loss of profits, sales, business,  revenue or other opportunity, (vi) loss of, goodwill or reputation, (vii) loss of cost savings, (viii) loss of money or investments, (ix)any indirect or consequential loss or damage, (x) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein, and (xi) any errors or omissions in the Giftie Service or for any loss or damage of any kind incurred as a result of your use of the Giftie Service

Privacy Policy 

We are committed to protecting and respecting your privacy. This Privacy Policy sets out the basis on which any personal data collected from you will be processed. Please read the following carefully to understand our views and practices regarding your personal data and how it will be treated.  We are registered on the Data Protection Public Register. Our Data Protection Registration Number is CSN6099368. To find out more information about the Data Protection Register, visit the Information Commissioner’s Office website www.ico.org.uk.

We may collect and process the following data about you: (i) information that you provide by filling in forms on the Giftie Service. This includes information provided at the time of registering to use the Giftie Service. We may also ask you for information when you enter a competition or promotion or when you report a problem with the Giftie Service or Giftie Service, (ii)if you contact us, We may keep a record of that correspondence, (iii) We may also ask you to complete surveys that We use for research purposes, although you do not have to respond to them (iv)details of your visits to the Giftie Service including, but not limited to, traffic data, location data, weblogs, browser version, cookie details, how long you stayed on a page, your domain name and internet protocol (IP) address, operating system and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access,  (v) Your email address and the answers to your security questions during the set-up phase of the Giftie Service, (vi)  other data to ensure and check compliance with Our Terms of Use and/or otherwise as required by law. When you view content on the Giftie Service, We may automatically collect and store certain information in server logs, including but not limited to internet protocol (IP) addresses, internet service provider (ISP), clickstream data, browse type and language, viewed and exit pages and date or time stamps.

The Giftie Service may use cookies to distinguish you from other users of the Giftie Service. This helps us to provide you with a good experience when you use the Giftie Service or browse the Giftie Service and also allows us to improve the Giftie Service and the Giftie Service. A cookie is a small file of letters and numbers that We store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive. We may use the following cookies:

Strictly necessary cookies. These are cookies that are required for the operation of the Giftie Service. They include, for example, cookies that enable you to log into secure areas of the Giftie Service, use a shopping cart or make use of e-billing services.

Analytical/ performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around the Giftie Service when they are using it. This helps us to improve the way the Giftie Service work, for example, by ensuring that users are finding what they are looking for easily.

Functionality cookies. These are used to recognise you when you return to the Giftie Service. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

Targeting cookies. These cookies record your visit to the Giftie Service, the pages you have visited and the links you have followed. We will use this information to make the Giftie Service and any potential advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of the Giftie Service. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log onto the Giftie Service. Please note that our advertisers, if We have any, may also use cookies, over which We have no control.

We will always aim to ensure that all information about you is as accurate as possible and not held for longer than necessary. All information you provide to us is stored on secure servers.  Unfortunately, the transmission of information via the internet is not completely secure. Although We will do our best to protect your personal data, We cannot guarantee the security of your data transmitted to the Giftie Service; any transmission is at your own risk. We may collect and store personal data on your Device using application data caches and browser web storage (including HTML 5) and other technology.

The data that We collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff outside the EEA that work for us or for one of our suppliers.  By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

We use information held about you in the following ways: (i)  to ensure that content from the Giftie Service are presented in the most effective manner for you and for your computer, (ii) to carry out our obligations arising from any contracts entered into between you and us, (iii) to send you information about our publications and other related products and services, (iv) to notify you about changes to the Giftie Service, (v) to verify your email address, (vi) to monitor, develop and improve the Giftie Service and/or your experience, (vii) assist in and administer the provision of the Giftie Service to you, (viii) to nvestigate any suspected breach of Our Terms of Use or the breach of other terms and conditions otherwise relating to you, (ix) to collect anonymised data (while using the Giftie Service) on the number of times a given keypad is used within a given period of time.

We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006. We may disclose your personal information to third parties:

In the event that We sell or buy any business or assets, in which case We may disclose your personal data to the prospective seller or buyer of such business or assets.

If We or substantially all of our assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

If We are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply Our Terms of Use and other agreements; or to protect the rights, property, or safety of our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

The Giftie Service may contain links to and from the websites (via banner ads) of our partner networks, advertisers and affiliates (and including, but not limited to, websites on which the Giftie Service is advertised).  If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that We do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. 

Any changes We make to our privacy policy in the future will be posted on this page. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Giftie Service or the Giftie Service. Continued use of the Giftie Service, the Giftie Service and any products or services provided by us will signify that you agree to any such changes.

By submitting your personal information you consent to the use of that information as set out in this policy.

Questions, comments and requests regarding this Privacy Policy are welcomed and should be addressed to  [                           ].

GENERAL

The Terms of Use, and any other legal notices published by Giftie in the Giftie Service or any end-user licence agreement in respect of any Giftie Service offered by Giftie, will constitute the entire agreement between you and Giftie.

If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of the Terms of Use, which will remain in full force and effect.

No waiver of any term of this the Terms of Use will be deemed a further or continuing waiver of such term or any other term, and Giftie’s failure to assert any right or provision under the Terms of Use will not constitute a waiver of such right or provision.

The Terms of Use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. Any claim or dispute between you and Giftie that arises in whole or in part from the Giftie Service will be decided exclusively by a court of competent jurisdiction in England and Wales.

All product names, trademarks and registered trademarks are property of their respective owners. All company, product and service names used in this website are for identification purposes only. Use of these names, trademarks and brands does not imply endorsement.