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Website terms of use

INTRODUCTION

1. These terms of use (Terms) apply when you access or use the Hey Gift website and platform, any public pages made available through that domain, and any invitation, account registration, sign-in, gift, offer or redemption access point made available through or linked from that domain (Website).

2. These Terms govern public Website access and non-transactional Website use. If you register for, access or use the Hey Gift platform, claim or redeem any gift or offer, or use any transactional platform features, you will also be subject to the Hey Gift Platform Terms and Conditions (Platform Terms).

3. You agree to be bound by these Terms which form a binding contractual agreement between you and us, Hey Gift Ltd, a company incorporated in England and Wales with company number 17430590 and registered office at 3rd Floor, 104 College Road, Vyman House, Harrow, Greater London, United Kingdom, HA1 1BQ (‘Hey Gift’, the ‘Company’, ‘we’, ‘our’ or ‘us’).

4. If you don’t agree to these Terms, you must refrain from using the Website.

5. We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.

ACCESS AND USE OF THE WEBSITE

1. You must only use the Website in accordance with these Terms, the Platform Terms and any applicable laws, and must ensure that anyone who uses or accesses the Website through your Account or invitation link complies with these Terms, the Platform Terms and any applicable laws.

YOUR OBLIGATIONS

You must not:

1. copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without our express consent;

2. use the Website for any purpose other than browsing or accessing information about Hey Gift’s consumer gifting platform, accessing a permitted Account, invitation, gift, offer, redemption or portal area, or using related Website features made available by us and/or third parties;

3. use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

4. use, or attempt to use, the Website in a manner that may interfere with, disrupt or create an undue burden on the Website or the servers or networks that host the Website;

5. use the Website with the assistance of any automated scripting tool, scraper, crawler, bot, data-mining tool, harvesting tool or other software, or scrape, extract, monitor, copy, index or republish Website Content, except to the extent expressly permitted by us in writing or by applicable law;

6. act in a way that may diminish or adversely impact our reputation, including by linking to the Website in a way that is unlawful, misleading, defamatory or otherwise harmful; and

7. attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

   1. gaining unauthorised access to Website accounts or data;

   2. scanning, probing or testing the Website for security vulnerabilities;

   3. overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or

   4. instigating or participating in a denial-of-service attack against the Website.

8. provide false, misleading, or inaccurate information about yourself, your eligibility, age, identity, contact details, preferences, account details, gift or offer claim, redemption status, permissions, or any information you submit to us via the Website;

9. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; and

10. upload, post, submit or share content that is inappropriate, offensive, unlawful, harmful, discriminatory, defamatory, infringing, confidential to another person, misleading, deceptive, or otherwise unsuitable for a consumer gifting, offer and redemption platform.

    If you upload, post, submit or share any content through the Website, Account area or portal, you are responsible for that content and warrant that you have all rights and permissions needed to provide it to us. You grant us a non-exclusive, worldwide, royalty-free licence to use, host, copy, process, transmit and display that content to operate, administer, support, protect and improve the Website, Account area, portal and platform, comply with law, and provide related services.

ACCOUNT CREATION

11. Certain areas or features of the Website may require you to create or access an account (Account) or portal to use Hey Gift’s platform as a consumer, invited customer, publisher representative, advertiser representative, affiliate network representative or other authorised user (if made available from time to time). Registered users are also subject to the Platform Terms, and if there is any inconsistency between these Terms and the Platform Terms in relation to registered Account or platform use, the Platform Terms will apply to that platform activity.

12. If Accounts are made available, all users must be at least 16 years of age to create or use an Account or accept these Terms. Additional age or eligibility verification, including confirmation that you are 18 or over for age-restricted gifts or offers, may be required by us, an advertiser, publisher, affiliate network or other third party before a gift or offer is shown, selected, claimed or redeemed.

13. If Accounts are made available, you must provide accurate, current, and complete information during the registration process and keep your Account information updated.

14. Where we present a registration, claim or continue button, clicking or tapping that button may be used to confirm that you meet the stated age requirement, that your details are accurate, that you agree to the Platform Terms and these Terms, and that you have had an opportunity to read the Privacy Policy and Cookies Policy, provided the relevant wording and links are displayed clearly before you continue.

15. If Accounts are made available, you are responsible for maintaining the confidentiality of your Account credentials, for all activities that occur under your Account, and for notifying us immediately of any unauthorised use of your Account or other security breach.

16. If Accounts are made available, we reserve the right to suspend or terminate your Account, restrict Website access or disable any account, gift, offer or redemption feature if any information provided during registration or thereafter proves to be inaccurate, false, or misleading, if you have failed to comply with these Terms or the Platform Terms, or if we reasonably suspect misuse of the Website, Account area, portal or platform.

17. If Accounts are made available, you must not use the Website or your Account to avoid, circumvent or attempt to avoid or circumvent the Website, Account area, portal or platform, including by manipulating invitations, publisher references, claim limits, offer eligibility, redemption processes, tracking, referrals, coupon codes or advertiser or affiliate network handoffs, except where expressly permitted by us in writing or under the Platform Terms.

18. If Accounts are made available, you must use any gift, offer, claim, referral, redemption, preference, support, messaging or other communication functionality we make available through the Website in good faith and, where applicable, keep platform communications and arrangements on the Website or platform to support trust, safety, compliance, support and dispute handling.

DISCLAIMERS AND LIMITATION OF LIABILITY

19. The Website and any information made available on it are provided on an ‘as is’ and ‘as available’ basis. To the fullest extent permitted by law, we disclaim all warranties, representations and conditions (express or implied) in relation to the Website and any Website Content, including any implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement.

20. You acknowledge that any Website Content is general in nature and does not constitute legal, tax, financial, marketing, advertising, regulatory, consumer-law, intellectual property, professional or other advice, recommendation or endorsement, and you should obtain independent advice before acting on it.

21. You are responsible for your use of the Website and for evaluating the suitability of any third party products, services, advertisers, publishers, affiliate networks, gifts, offers, coupons, referrals, content or other opportunities that you become aware of through the Website.

22. The Website may describe or reference third party advertisers, publishers, affiliate networks, gifts, offers, coupons, referrals, content, products or services and may enable you to contact or otherwise engage with third parties through the platform. We operate the Website and platform as a gifting and offer intermediary only. We do not ourselves act as an advertiser, publisher, affiliate network, payment services provider or financial services provider, and we do not provide legal, tax, financial, marketing, advertising, regulatory, intellectual property or professional advice. Any arrangements you enter into with third parties are between you and the relevant third party and are subject to the Platform Terms and any third party terms and policies that apply.

23. Except to the extent expressly stated in the Platform Terms, we do not endorse, guarantee, warrant or verify the quality, suitability, legality, availability, eligibility criteria, redemption conditions, value, fulfilment, compliance status or performance of any third party advertiser, publisher, affiliate network, service provider, product, service, gift, offer, coupon, referral, promotion, content or other opportunity advertised, listed, referred, claimed, redeemed or arranged through the Website.

24. To the fullest extent permitted by law, we will not be liable to you for any loss or damage (whether in contract, tort (including negligence), breach of statutory duty or otherwise) arising out of or in connection with your use of (or inability to use) the Website, reliance on any Website Content, any Website or portal interruption, any gift, offer, coupon, referral, redemption, advertiser handoff, affiliate network handoff, content, product, service or other platform arrangement, or any act or omission of any third party advertiser, publisher, affiliate network, service provider or other user, including any failure to fulfil, honour or redeem a third party gift, offer or coupon, any indirect or consequential loss, loss of profits, loss of revenue, loss of business, loss of goodwill or loss of data. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited by law.

INFORMATION ON THE WEBSITE

25. While we seek to keep the Website up-to-date and functioning properly, you acknowledge and agree that from time to time, you may encounter the following issues:

    1. the Website may have errors or defects;

    2. the Website may not be accessible at times;

    3. messages sent through the Website may not be delivered promptly, or may not be delivered at all;

    4. information you receive or supply through the Website may not be secure or confidential; or

    5. any information provided through the Website may not be accurate or true.

26. We reserve the right to change any information, content or functionality on the Website by updating the Website at any time without notice, including Account or portal functionality, platform information, gift, offer, coupon, advertiser, publisher, affiliate network, campaign, listing, preference, claim, redemption and other Website Content.

INTELLECTUAL PROPERTY

27. We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, gift and offer information, downloads, software, platform workflows, databases and documentation) (Website Content) and reserve all rights in any intellectual property rights owned or licensed by us not expressly granted to you.

28. You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from us or as permitted by law.

LINKS TO OTHER WEBSITES

29. The Website may contain links to other websites that are not our responsibility. We have no control over the content of the linked websites and we are not responsible for it.

30. Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

SECURITY

2. We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

REPORTING MISUSE

3. If you become aware of misuse of the Website by any person, any errors in the material on the Website, or any difficulty in accessing or using the Website, please contact us immediately using the contact details (see below ‘How to contact us’).

PRIVACY

4. You agree to be bound by our Privacy Policy, which will be made available on or through the Website. Our use of cookies and similar technologies is also described in our Cookies Policy, which will be made available on or through the Website.

PLATFORM POSITIONING AND PLATFORM TERMS

1. Hey Gift provides the Website as the public website, account registration and platform access point for a consumer-facing gifting and offer platform. The Website may allow invited customers and registered users to receive publisher invitations, create or access an Account, view, select, claim or redeem third party gifts and offers, interact with advertiser offers, and access related publisher, advertiser, affiliate network, referral, tracking, support and platform activity. Platform activity is governed by the Platform Terms.

2. Nothing in these Terms creates any agency, partnership, joint venture, employment, worker, contractor, fiduciary, payment-services, financial-services, advertiser, publisher, affiliate-network, fulfilment-provider or professional-advisory relationship between Hey Gift and any user, customer, advertiser, publisher, affiliate network, service provider or other third party, or between users themselves.

3. Registered Account use, customer onboarding, gift and offer access, claims, referrals, coupon or code use, redemptions, advertiser or affiliate network handoffs, portal access and other platform activity are governed by the Platform Terms and any applicable gift, offer, advertiser, publisher, affiliate network, redemption, referral, portal or third party terms we make available from time to time. If there is any inconsistency between these Terms and the Platform Terms in relation to registered Account use, platform use, gifts, offers, claims, referrals, coupon or code use, redemptions, advertiser or affiliate network handoffs or portal functionality, the Platform Terms will apply to that platform activity.

GENERAL

GOVERNING LAW AND JURISDICTION

5. These Terms are governed by the laws of England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms.

WAIVER

6. No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

SEVERANCE

7. Any term of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these Terms is not limited or otherwise affected.

How to contact us

You can contact us if you have any questions about these Terms using the contact details made available on or through the Website.