Legal Information
Terms of Service & Privacy Policy.
All legal documents are listed below.
LIFE:STYLE GIFT CARDS AND VOUCHERS, TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
1. General
life:style Gift Cards, eGift Cards and Vouchers are wholly owned and operated by Motivates Inc. Ltd a company registered in England and Wales under Company registration number 11319734 (Motivates). Our registered offices are at 3 Bath Place, London EC2A 3DR.
In purchasing and or using any products from Motivates, you agree to be bound under these Terms and Conditions (the Terms) effective at the time of your purchase and/or use and all terms incorporated by reference. Should you not agree to all of these Terms, do not make any purchases and/or use any goods and/or Services from Motivates. Motivates Inc Limited ("Motivates", "we", "our", or "us") make products available for purchase via our websites, mobile applications and other products and services (collectively, the "Services"). Your purchase and/or use of any products through these is governed by these Terms and your use of the Services is governed by these Terms and our general service Terms and Conditions (available at our website at lifestylegiftcards.co.uk). In addition any collection and/or use of your data in connection with these terms and conditions are governed by our sperate data protection privacy policy terms and conditions also available via our website at lifestylegiftcards.co.uk (the "Privacy Policy")
These Terms apply to the purchase of the life:style Gift Cards, life:style digital eGift Cards and Print-at-Home Vouchers, including, but not limited to life:style Ultimate, life:style Eat, life:style Home and life:style Fashion & Beauty, life:style Happy Birthday, life:style Christmas, life:style Thank You, life:style Congrats (the Range) and should be read carefully before use or purchase.
We reserve the right to change or modify these Terms at any time at our sole discretion. Should we make changes to these Terms, notice will be provided such as through sending you a notification, providing notice through the Services or by updating the "Last Updated" date at the bottom of these Terms. We strongly advise you to review these Terms each time you make a purchase from us to ensure that you understand the terms and conditions applicable to your purchase.
Should you have any enquiries relating to these Terms, please contact us at [email protected].
2. Definitions and Interpretation
Throughout these Terms the following definitions and interpretation shall apply:
- Activation:
- all Gift Cards sold by us need to be activated before Registration. We usually activate Gift Cards within 24 hours of being purchased.
- life:style for Business Rewards Gift Cards:
- a life:style eGift Card or Physical Gift Card ordered by a UK corporate customer and issued by us to their UK based employees or customers to be used for Redemption. See Clause 14 for specific references.
- Basket:
- means a page on the Website which displays your currently selected Gift Cards and Personalisation intended for purchase. Items in the Basket can be edited, deleted or duplicated prior to Checkout.
- Contract:
- means the agreement by you to purchase the goods and/or services offered by us and our agreement to provide you with the goods and/or services governed by the these Terms of Sale and our general Terms and Conditions, the formation of said contract between us and you is defined under Clause 6 of these Terms of Sale.
- Customer Support:
- means the life:style employees, websites and materials used to provide help and assistance to you. Contactable at [email protected].
- Checkout:
- means a page on the Website which displays details of an Order along with fields for you to enter the recipient, payment information and a button to press to confirm the Order.
- Delivery Agents:
- means any postal or courier company appointed by us from time-to-time.
- eGift Card:
- a type of Gift Card that only exists in digital form and is delivered to the recipient, specified by you, by a secure webpage linked from an email sent by us to the recipient, and adds value to the recipient's life:style Account on the Redeem Website after Registration.
- Gift Card[s]:
- means any Physical Gift Card, eGift Card, Print-at-Home Voucher, Retail Mall Gift Card or life:style for Business Rewards Gift Card sold and issued by us.
- Gift Card Code[s]:
- means the alpha-numeric code written on the back of a Retail Mall Gift Card purchased from a Retail Mall, revealed after the Recipient scratches the cover off covering foil, and used by the Recipient in Registration.
- Guest Checkout:
- may use the Services by creating a life:style Account or by using the Services via our guest checkout function pursuant to these Terms.
- Insert:
- a physical A6 sized card, included in the packaging of a Physical Gift Card, which shows the value of the Gift Card and the personal message (if included) defined in the Personalisation of the Order.
- life:style:
- means the brand owned and operated by us which features on the Range of Gift Cards, email communications, promotional materials and websites produced by us.
- life:style Account:
- an online account created by an individual user of the Website when they have registered their details to facilitate the purchase of the Services.
- Motivates:
- means Motivates Inc Limited a company registered in England and Wales under Company registration number 11319734 ("Motivates"). The Company registered offices are at 3 Bath Place, London EC2A 3DR.
- Order:
- means a number of Gift Cards and/or Services you intend to purchase or have purchased from us.
- Order Confirmation:
- means a digital record which represents our acceptance of your Order and agreement to deliver to the contents of the Order to the recipient in accordance with the terms of the Contract. The Order Confirmation is displayed on a webpage after Checkout, via an email to the email address you provided at Checkout and, if you are a signed-in user, in the My Account section of the Website.
- Personalisation:
- means the ability for you to add a specified monetary value to a Gift Card Order, include a personal message, upload a personal photo, choose imagery from our library and, in the case of a Physical Gift Card Order, to select a Wallet or Premium Box as the packaging.
- Physical Gift Card:
- means a type of Gift Card made from compostable materials which displays a Reference Number, Security Code and QR Code to facilitate Redemption, packaged in either a Premium Box or Wallet, along with an Insert and is delivered by a Delivery Agent.
- PIN:
- means a code which secures access to a webpage which hosts an eGift Card.
- Premium Box:
- means a high-quality box available as a packaging option for the Physical Gift Card at the Personalisation stage. The Price of this option is added to the Order and is visible in the Basket.
- Price:
- means the price in GBP's sterling as advertised for each item available for purchase from our website.
- Print-at-Home Voucher:
- means a type of Gift Card available as a downloadable PDF file which displays a Reference Number, Security Code and QR Code to facilitate Redemption.
- QR Code:
- means a digital fingerprint image, displayed on a Physical Gift Card or Print-at-Home Voucher, which can be scanned by a digital camera with the intention of time-saving by redirecting your web browser to the Redeem Website and automatically entering the Reference Number.
- Range:
- means differently branded Gift Card types available to purchase on our Website, including, but not limited to, life:style Ultimate, life:style Eat, life:style Home, life:style Fashion & Beauty, life:style Happy Birthday, life:style Christmas, life:style Congrats and life:style Thank You.
- Recipient:
- is the person who seeks to redeem the Gift Card for their benefit which may or may not be the person who purchased the Gift Card.
- Redeem Website:
- means a website with the URL of redeem.lifestylegiftcards.co.uk hosted by us and where recipients of Gift Cards can perform Redemption.
- Redemption:
- means the process of swapping some or all of the value on a Gift Card for the equivalent value on a Retailer Gift Card[s].
- Reference Number:
- means the alpha-numeric string of characters displayed on a Gift Card, which uniquely identifies it.
- Registration:
- means the process whereby the recipient of the Gift Card initiated Redemption by entering their personal details together with the Reference Number and Security Code, or Gift Card Code into a page on the Redeem Website. Registration is only available after Activation has occurred. For eGift Cards, Registration occurs when the recipient presses Swap & Shop on the eGift Card's summary page.
- Retailer:
- means a company or organisation who has an agreement in place with us, along with operational and technical integrations, which allow Redemption to be possible on the Redeem Website. These agreements can change from time-to-time and any changes will be displayed on the Website.
- Retail Mall Gift Card[s]:
- a range of life:style branded Gift Cards sold in selected UK and Ireland retailers and available for sale to the general public. Retail Mall Gift Cards are purchased and activated at the checkout of the retailer, with the value being loaded at the point-of-sale.
- Retailer Gift Cards:
- means a range of gift card and digital codes issued by the Retailer which can be used to purchase goods and services from them in line with their terms and conditions.
- Security Code:
- means the second factor of authentication printed on each Physical Gift Card and Print-at-Home Voucher. This is used along with the Reference Number to complete Registration.
- Services:
- means any ancillary service provided by us including but not limited to personalisation, packaging, delivery and customer support.
- Terms:
- means this document.
- Wallet:
- means a folded, recyclable cardboard sleeve which serves as the default packaging option for Physical Gift Card Orders at the Personalisation stage.
- Website:
- means a website with the URL of lifestylegiftcards.co.uk or lifestylegiftcards.ie hosted by us and used by you to purchase and/or use Gift Cards and Services.
3. life:style Gift Cards and Services
We offer a Range of life:style Physical Gift Cards, eGift Cards and Print-at-Home Vouchers for sale on the Website and Retail Mall Gift Cards available for purchase at our partner retailers in the UK and Ireland. We also provide Services to facilitate the delivery of Orders.
Gift Cards are not redeemable for cash, and they cannot be used in retail stores. They can only be used for Redemption. All Gift Cards sold via our Website are subject to delayed Activation to comply with our fraud checks and anti-money laundering monitoring procedures.
The use of the Reference Number is subject to these Terms, as may be varied by us from time to time. Purchase and/or use of a Gift Card and the Redemption, or attempted Redemption, of the Gift Card constitutes your acceptance of these Terms and the terms of use as defined at the Redeem Website.
We reserve the right to take appropriate action where, in our opinion we suspect or believe that there is a risk of fraudulent or illegal activity or if we have a justifiable cause for concern. Such action may include but is not limited to the cancellation or suspension of the Gift Card. Such action does not affect your legal rights.
3.1. Physical life:style Gift Cards
Physical Gift Cards are available for Personalisation.
Each card purchased displays a Reference Number and Security Code, both of which are needed for Redemption. There is also QR code which can be scanned which, on occasion, will populate the Reference Number automatically as part of Registration.
3.2. Digital life:style eGift Cards
eGift Cards are available for Personalisation.
When ordering an eGift Card you consent to its immediate supply, even if you have specified a future scheduled date in Personalisation. If you wish to cancel the Order, as per your rights outlined in clause 5 and 7 of these Terms, then the date of Order Confirmation shall be taken as the beginning of the 14-day cancellation period.
Upon purchasing an eGift Card an email is sent to the intended recipient of the eGift Card containing a link to activate the eGift Card. The email will also contain a four-digit PIN within the body of the email that must be entered after following the link to the Redeem Website.
It is the recipient's responsibility to ensure that the link and PIN are kept safe.
3.3. Print-at-home life:style Gift Cards
We offer a Range of Print-at-Home Vouchers available for Personalisation.
After purchasing a Print-at-Home Voucher you will be sent an email with a link to download a PDF rendering of the voucher. It is recommended you print and cut-out the voucher along the printed guidelines.
While we endeavour to provide a high-quality digital image on the PDF, we do not warrant the quality of the final printout as this is subject to the capabilities of your own printing equipment.
3.4. Retail Mall Gift Cards
Through our UK and Ireland retail partner network, we offer for sale a range of Retail Mall Gift Cards which are not available for Personalisation.
Each Retail Mall Gift Card has a unique Gift Card Code (the Code) recorded on the reverse of each card and the Code is subject to our Activation process.
The Code can be revealed by removing the scratch panel or label on the back of the card. If the Code is damaged or partial obscured, it will not be possible to replace. The Code can then be entered as part of Registration and progress to Redemption as per any other Gift Card.
3.5. Gift Packaging Service
Each of our Physical Gift Cards are packaged into your choice of a Wallet or a Premium Box at an additional cost. Both options include an insert card. If you have added a personalised message in the purchasing process it will feature on this insert.
The assembly of the packaging is a complementary service and is performed at our reasonable endeavours. We are not responsible for any damage to either the Gift Card or the packaging which may occur during the performance of this service.
Any personalisation of the Gift Card(s) including but not limited to personalised messages, design templates and/or box packaging is your responsibility and finalised at the point of sale. We cannot amend any personalisation after the point-of-sale so it is your responsibility to ensure that the information supplied and/or choices made are correct.
3.6. Email
We provide eGift Cards, Print-at-Home Vouchers, Order Confirmations, verification codes and password reset via our email service. This service is provided by us at our cost, at our reasonable endeavours; we do not guarantee the successful delivery of any email. We will, via Customer Support, do our best to track non-deliveries and, where it is appropriate under these Terms, perform re-delivery or maintenance on our equipment to perform the expected operation.
3.7. life:style Account
In order to use the Services, you will need to register a life:style Account or you may use the Guest Checkout. Where a life:style Account is created, only one life:style Account can be registered and in doing so you agree to:
- a) submit your own valid e-mail address;
- b) create a password;
- c) that all information that you submit will be true, accurate and not misleading;
- d) keep confidential and secure, all aspects and information of your life:style Account including your password;
- e) you are responsible for any and all uses of your life:style Account, whether or not you have authorised such use;
- f) keep confidential and secure all aspects of other users' life:style Account information that you may have access to;
- g) you will not use the Services for any unlawful or otherwise prohibited activity;
- h) maintain and promptly update your life:style Account information to keep it accurate, current and complete at all times or as soon as reasonably practicable following any changes; and
- i) notify us if you discover or suspect that your life:style Account has been subject to illegal, hacking or unauthorised use by emailing us. By logging onto the Website and creating a life:style Account, any misleading, inaccurate or false personal information will result in us reserving the right to de-activate your life:style Account and ban you from using our service in the future.
4. Gift Card Expiry
Other than as set out in 14, below, life:style Gift Cards and Gift Card Codes issued in the UK will automatically expire 18 months from the date of purchase. Gift Cards and Gift Card Codes purchased in the Republic of Ireland will expire 5 years from the date of purchase. It is the Recipient's responsibility to redeem the Gift Card(s) through the Redemption process before expiry. After expiry, the card, Reference Number, Security Code and Gift Card Code will become void and Redemption cannot be performed. Upon expiry, no refund of any unspent funds will be due to you. The Reference Number, Security Code, Gift Card and Gift Card Code belongs to us and cannot be exchanged for cash.
5. Availability and Pricing
A variety of Gift Cards and or Personalisation options are offered for purchase in the UK through our Website. All items are subject to availability, and we reserve the right to impose quantity limits on any order, reject all or any part of an order and to discontinue products without notice, even if you have already placed your order.
All prices are subject to change without notice and the price charged will be the price set out on the Website at the time of your order. The minimum sale price of an individual Gift Card is £5 and the maximum sale price of an individual Gift Card is £500. If you purchase multiple Gift Cards on a single day, the total amount that you purchase cannot exceed £1,000. Any Gift Cards purchased are only available for use within the United Kingdom.
Prices shall be as set out on the Website, in the Basket and within the Order Confirmation issued by us. In the case of orders for Physical Gift Cards, the Basket pric e displayed is exclusive of any postage and delivery costs. Delivery options and their costs are listed at the point of Checkout.
All payments must be made in British Pounds Sterling (GBP sterling). The Contract price is based on information available, details of the Gift Cards requested at the time of the order and on the assumption that you will comply with your obligations under the Contract. If such information, prices, costs, request or assumption changes prior to delivery of the Gift Cards then we reserve the right to amend the price accordingly
6. Formation of Contract
All Orders placed by you for Gift Cards shall be deemed to be an offer and shall only be deemed accepted by us upon the earlier of:
the issue of the Order Confirmation; or delivery of the Gift Cards.
Unless otherwise agreed we may modify the specification of Gift Cards. The Contract is not a contract for sale of goods by description. All and any descriptive matter, specifications and advertising issued by us will not form part of the Contract and are solely aimed at giving an approximate idea of the Gift Cards described in them. In particular, but without limit, the identity and number of Retailers who we offer on the Redeem Website may vary from time to time and this is specifically acknowledged and accepted by you.
Any Order accepted by us may only be cancelled or varied by the you with the prior written consent of us and on terms that you shall indemnify us in full against all losses (including loss of profit), costs, damages, charges and expenses incurred (directly or indirectly) by us as a result of such cancellation or variation. This clause does not apply to consumers whose right to cancel is governed by the Consumer Protection (Distance Selling) Regulations 2000. If you are a consumer, your right to cancel ends on the expiry of 14 calendar days after the day on which you receive the Gift Cards. You must inform us either verbally or in writing, including by email, if you wish to cancel your Order within that 14-day period and return the cards by special delivery to us at 3 Bath Place, London EC2A 3DR at your cost. In the case of digital eGift Cards or Print-at-Home Vouchers you must email Customer Support and attach the Order Confirmation.
7. Delivery
Any orders for Physical Gift Cards will be delivered to you in accordance with the option selected on the Website. Indicative delivery times are given in good faith, are an estimate only and are dependent upon receipt by us of all necessary information from you. Time of delivery of Gift Cards is not of the essence. We shall not be liable for any loss (including loss of profit), costs, damages, charges or expenses caused directly or indirectly by failure (f or any reason) to meet the delivery time/date stated/agreed (even if caused by our own negligence).
Gift Cards are delivered as stated in the Order Confirmation. Delivery shall be deemed to take place when t he Gift Cards arrive at the place stated in the Order Confirmation except that delivery to a carrier for the purpose of transmission to you shall be deemed to be delivery to you. We shall make arrangements for carriage of the Gift Cards in accordance with the option selected by you from the options available via our Website.
We may deliver Gift Cards in instalments and in any sequence. Default by us, howsoever caused, in respect of one or more instalments shall not entitle you to terminate the relevant Contract as a whole.
If you fail or refuse to accept delivery of any Gift Cards when they are ready for delivery in accordance with the relevant Order; or we agree (at our sole discretion) to postpone delivery of the Gift Cards at your request; or you fail to provide any instructions consents or authorisations required to enable the Gift Cards to be delivered on the due date; then the risk in the Gift Cards shall pass to you, delivery of the Gift Cards shall be deemed to have taken place and we may store or arrange for storage of such Gift Cards and charge the you for all related costs and expenses (including storage, insurance and additional delivery costs).
Upon delivery to you all Gift Cards should be immediately examined. We shall not be liable for any shortages in Gift Cards unless the same is notified by you to us within 5 working days of delivery. Subject to such notice being duly given, we shall if we are satisfied that any Gift Cards have not been delivered at our sole discretion, arrange for delivery of such Gift Cards or give credit to you for the same (as soon as practicable).
If the delivery address that has been entered into the Website has multiple occupiers, such as a block of flats, we cannot be held liable for the loss of the Gift Cards once a signature has been obtained fo r the special delivery at that given address.
If an order has been lost or stolen, you should contact us without undue delay using the contact details shown on our Website. If the order was placed using our Delivery Agents then replacement Gift Cards will be issued promptly.
If a non-delivered order was placed using Royal Mail First Class Post then the following process applies:
- a) You must contact us without undue delay using the contact details shown on our Website informing us of non-delivery. An investigation will then begin between Royal Mail and our Customer Service Team.
- b) If after 5 days, you still require the Gift Cards, then you will be asked to place another order on the Website and we will pay any delivery charge. If after 20 days we discover that the original Gift Cards have been lost/stolen, we will issue a full refund to you up to the value of the original order placed.
- c) If you do not require a replacement Gift Card then we will still need to undergo an investigation with our Delivery Agents. This process will take up to 20 days. If after 20 days we are satisfied that the Gift Cards have been lost/stolen then we will refund to you the value of the order.
8. Distance Selling
The time limit for the performance of our Contract is 30 days from the date we accepted your order. The three to five days mentioned on our Website for delivery is strictly for guidance only. Due to the sheer volume of deliveries at peak periods delays may occur.
You have the right to cancel your order within 14 days after receiving the Gift Card(s) under the distance selling laws of the UK and receive a full refund of any monies paid. If you Activate your Gift Card within these 14 days it will be taken that you agree to waive this right. You should contact Customer Support by email or write to us at 3 Bath Place, London EC2A 3DR. You will be responsible for paying the cost of returning the Gift Card(s) to us. A refund will only be provided upon our receipt of the returned Gift Card(s)
9. Payment Options
Accepted forms of payment are debit or credit cards for example Visa and MasterCard. Unless indicated otherwise, the purchase of Gift Cards will be fully billed at the point of sale and on conclusion of Checkout. We use a third-party PCI compliant Payment Processor and we do not hold any financial information. If your payment cannot be verified, is invalid or otherwise unacceptable, your order may be suspended or cancelled automatically. Card processing fees may apply even if the Card has expired or changed by the time we submit the charges. Any problems encountered in the processing of your order are not our responsibility.
10. Cancellations and Returns
Other than as set out in Clause 6 and 8 we do not offer refunds or cancellation or returns.
11. User Content and Conduct
11.1. The user is solely responsible for all content posted, uploaded, transmitted, distributed, stored, created or otherwise published through the Services (User Content) including any content used in Personalisation of a Gift Card and/or Insert. This cont ent must comply with the rules set out below. They do not create any private right of action on the part of any third-party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
11.2. We reserve the right to cancel a life:style Account at any time for any reason in our sole discretion. You agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Services content, which falls under any of the following:
- a) unlawful, harassing, obscene, pornographic, sexually explicit or indecent, vulgar, suggestive, violent, threatening, hateful, offensive, discriminatory, bigoted, abusive, inflammatory, invasive of privacy or publicity rights, fraudulent, deceptive or otherwise objectionable;
- b) any sexually explicit User Content;
- c) language or user conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation;
- d) posting any unsolicited or unauthorized advertising, spam or junk mail, including chain messages and pyramid schemes;
- e) submitting any User Content that is alleged to infringe any patent, trademark, trade secret, copyright, or other proprietary right or intellectual property;
- f) posting User Content originally posted by another user without permission or attribution;
- g) content designed to deceive or trick the user of the Services;
- h) material that impersonates any person/entity or otherwise misrepresents your affiliation with a person/entity;
- i) private information of any third-party, including but not limited to addresses, phone numbers, email addresses or credit card numbers;
- j) viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Services;
11.3. If there is content that is objectionable for any of the above reasons or otherwise, please let us know by sending us an email to [email protected] . We will review your concerns, but we have the right in our sole discretion to make the final judgment on whether the Terms have been violated and to determine what, if any, action should be taken.
11.4. While we do not control and are under no obligation to screen, edit or monitor any User Content that is posted, stored or uploaded onto the Services, we reserve the right to remove, screen or edit any content posted, stored or uploaded onto the Services at any time for any reason without notice. You are solely responsible for backing up your content and replacing any content you post, store or upload onto the Services at your own costs and expense. We take no responsibility or liability for any content.
11.5. Other than for feedback provided with respect to the Services, you retain ownership of any content you post, store or upload onto the Services. You therefore allow us and our affiliates the right to use, reproduce, modify, adapt, publish, translate, distribute and display such content throughout the world in any manner or media, on or off the Services. You represent and warrant that:
- a) you own and control all of the rights to the content that you post, store or upload on the Services or that you have the right to make available such content via the Services;
- b) the User Content posted, stored or uploaded onto the Services is accurate and not misleading;
- c) our use of the User Content you supply does not violate these Terms and will not violate any rights of, or cause injury to, any person or entity.
11.6. You are solely responsible for your conduct and the conduct of anyone who uses your life:style Account with respect to the Services, and you agree that you will not permit anyone u sing your life:style Account to conduct any of the following in connection with the Services:
- a) use the Services in a manner that could potential ly interfere with, disrupt, negatively affect or inhibit other users from full enjoyment of the Services or that could damage, disable, overburden or impair the functionality of the Services in any way inconsistent with the Terms;
- b) flag content or report abuse for improper purposes or without good reason;
- c) use the Service for any illegal or unauthorised purpose or engage, encourage or promote any illegal activity;
- d) imply that you have any connection with us or that we have endorsed you or any products/services for any purpose;
- e) create a life:style Account, post or upload any content if the person is not over 18 years of age;
- f) use or attempt to use another user's life:style Account without their authorisation or ours;
- g) modify, adapt, hack or emulate the Services;
- h) use any interface not provided by us to access the Services or to extract data;
- i) develop any third-party applications that interact with User Content or the Services without our prior consent;
- j) avoid or attempt to avoid any filtering, security measures or other features designed to protect the Services or third-parties; and
- k) infringe upon/violate the rights of us, our users or any third-party.
11.8. Should your life:style Account be disabled, you or anyone acting under your discretion are strictly prohibited from creating another life:style Account with us. We take no responsibility or liability for any user conduct, mistakes, defamation or omissions that you may encounter during your use of the Services. Your use is at your own risk.
11.9 If, at our total discretion, we consider that you have breached the terms of this clause 11, we reserve the absolute right to cancel any outstanding order and/or /block/ban/delete your life:style Account and this action by you will be considered a material breach of your Contract. Where relevant we will contact the authorities if we consider the posted/uploaded material may have broken any criminal law.
12 . Data Protection and Privacy
All information provided by you as a purchaser and/or Recipient of the Gift Card(s) is governed by our separate Privacy Policy which can be found by following the link in the footer of the Website. In purchasing and or using any products and/or services from us, and in agreeing to be bound under these terms, you also agree to be bound by the terms of our accompanying Privacy Policy.
12.1 By purchasing the Gift Cards and/or using them, you agree that we can use your personal data in accordance with our Privacy Policy. Our Privacy Policy includes details of the personal data that we collect, how it will be used, and who we pass it to.
12.2 We collect and process personal data (such as name, address and e-mail address) when you purchase the Gift Cards online or set up a life:style Account. We use this data to deliver the Gift Card(s) to you or the person you have requested us to send the Gift Card(s) to. We may also collect such personal data when you contact us in order for us to assist with a query about the Gift Card(s) you hold or to process a Gift Card Redemption request.
12.3 We will only share your personal data with third parties and with other companies in the Motivates group of companies in order to provide Gift Card delivery or customer contact centre services on our behalf.
12.4 We will not use your personal data for marketing, unless, when you purchase your Gift Card(s) online (or such other time we contact you), you opt in to receiving marketing information. If you have provided such opt-in, we may from time to time contact you with details of products and services we think may be of interest to you. If you no longer want to receive such communications, you can click the unsubscribe button in the footer of any marketing email we've previously sent, or adjust the setting in the \\"My Account\\" section of the Website.
12.5 You explicitly consent to us accessing, processing and retaining any information you provide to us for the purposes of providing payment services to you. This does not affect any rights and obligations you or we have under data protection legislation.
13. Miscellaneous
13.1. Lost or Stolen Gift Cards
Treat your Gift Card like cash. Lost or stolen Gift Cards will not be replaced or refunded. The bearer of the Gift Card will be taken to be the owner of the Gift Card. If an unauthorised party has partially or fully redeemed your Gift Card(s), we shall not be liable for a partial or full refund. If you have lost or misplaced your Gift Card and the balance has not been spent or changed from the original amount, contact Customer Support. You will be liable to pay us for any reissue fees incurred.
13.2. Your Gift Card; Your responsibility
You are responsible for the use and safety of your Gift Card. You are liable for all transactions on your Gift Card, except to the extent to which there has been negligence by us. Protect your Gift Card information by viewing it in privacy to ensure no one views and records your Gift Card information. We strongly encourage you to have a passcode on your mobile device.
13.3. Retailer Insolvency
The funds on Gift Cards, Gift Card Codes or life:style for Business Rewards Gift Cards are not covered by the Financial Services Compensation Scheme. In the event of a Retailer Gift Card issuer becoming insolvent some or all of the funds may not be available to spend. There is no obligation on us to replace or exchange any products in such circumstances.
If there is cause for concern regarding solvency, there may be times when Motivates Inc. Ltd temporarily suspends the listing and availability of any participating retailer. This is to purely to protect our clients and customers from exchanging their Lifestyle Voucher for a retailer gift card or e-gif t card that may, according to news reports and reliable, publicly obtainable trading information, potentially be null and void shou ld any such retailer go into administration or become insolvent.
13.4. Errors
We attempt to be as accurate as possible however sometimes errors may occur. We do not represent or warrant that any description, Gift Card, Retailer or pricing information displayed on our Service is accurate, complete, reliable, current or error-free. In the event of an error, we will endeavour to correct it as quickly as possible and revise your order accordingly, or to cancel the order and refund any charged amount.
13.5. Proof of Identity
You must be over the age of 18 to place Orders on our Website . We reserve the right to ask for proof of Identity from any customer until satisfactory documentation is provided. All information supplied when registering must be accurate and complete in all respects. Orders for Physical Gift Cards greater than £500 in value can only be delivered to the billing address registered to your credit/debit card. If the address does not match the payment will be dec lined. Where an life:style Account is suspended, customers should contact us without undue delay using the contact details shown on our Website.
13.6. Excluded Users and Territories
You are not permitted to purchase products or services from us if you are:
Located in, under the control of, a national or resident of any country to which the United Kingdom has embargoed goods or services or is designated by the United Kingdom Government as a 'terrorist supporting' country; and
Listed on any United Kingdom list of prohibited or restricted parties.
13.7. Contact Us
Should you have any questions or concerns regarding these Terms, our Services or require assistance please contact us at [email protected]
13.8. Marketing
Upon purchasing any Gift Cards from the Website you will be given the option to receive future notifications/marketing information by way of, including but not exclusive to, email and/or mobile text, if you wish to receive these future notifications please opt in by checking the box when presented with the same.
13.9. Charity Donations
For Gift Cards purchased in the UK, we provide a facility for you to use your Gift Card value (in part or full) to donate to a UK charity whom we have listed within the Sustainability & Charities category of the Redeem Website.
We will deduct a processing fee of £1 (incl. VAT) from each individual donation, regardless of value.
Whilst we have established relationships with each of the charities that appear, we have no commercial, contractual or beneficial arrangements with them. We will, however, ensure that each donation, less the processing fee of £1 (incl. VAT), is paid to the charity as nominated within 28 days of the date that the donation is made.
13.10. Redemption and Important Information
Some Retailer's Redemption options are subject to restrictions such as specific validity periods, delivery formats or in store/online only redemption. This is out of our control. However, we provide clear details for each retailer in each retailer's Important Information section. We also provide a link to their full gift card terms and conditions (if they have an online link to their specific gift card terms).
Once you have confirmed your chosen retailer e-gift card, it is not possible to cancel if these restrictions cannot be met, so please check carefully.
13.11. Complaints
Our Customer Services Team welcome your feedback on our products and services. Please email us on [email protected]
Please note once Redemption has taken place and have successfully received a Retailer Gift Card, you are subject to their terms and conditions, so any complaints at this stage of the process are to be taken up directly with the retailer.
14. life:style for Business Rewards
This section describes the additional terms and conditions where Corporate[ PT1] Customers purchase Gift Cards from us for use within their business . In these circumstances the following additional terms will apply:
14.1. Validity
life:style for Business Rewards in the UK are typically valid for two years from date of purchase. Shorter expiry dates may apply from time-to-time. The exact expiry date is printed on the voucher and/or advised upon successful activation.
The Gift Card must be Registered and fully Redeemed before the expiry date or it will no longer be valid.
14.2. Fraud Prevention
For fraud prevention reasons, debit and credit card use, as well as your company's account credit use, may be queried and we may block further usage, either completely or only in certain territories. In such circumstances, you can contact our Customer Services Team.
We and our Retailers reserve the right to, at any time suspend, restrict or cancel your gift card/e-gift card/gift card code or refuse to issue or replace a gift card/e-gift card/gift card code for reasons relating to the following:
- a) we are concerned about the security of your account or gift card/e-gift card/gift card code(s) we have issued to you;
- b) we suspect your account is being used in an unauthorised or fraudulent manner;
- c) we need to do so to comply with the law.
If we do this, you may contact our Customer Support to obtain the reason for the suspension, restriction or cancellation and we will tell you as soon as we can or are permitted to do so.
We may also refuse to pay a transaction:
- a) if we are concerned about security of your Gift Card or we suspect your Gift Card is being used in an unauthorised or fraudulent manner;
- b) if we have reasonable grounds to believe that you are acting in breach of this agreement;
- c) if we believe that a transaction is potentially suspicious or illegal (for example, if we believe that a transaction is being made fraudulently); or
- d) because of errors, failures (whether mechanical or otherwise) or refusals by merchants, payment processors or payment schemes processing transactions.
If we refuse to authorise a transaction, you may contact the Customer Support and we will help investigate to advise why, if practicable, unless it would be unlawful for us to do so. While speaking with Customer Support you may have the opportunity to correct any information we hold, and which may have caused us to refuse a transaction.
14.3. Packaging & Delivery
We charge for delivery for all Corporate [PT2] orders. The fee for this service will be advised at the time of placing your order and may vary depending upon volumes, complexity and delivery charges.
Orders before 4pm on weekdays will typically be sent by Royal Mail First Class post the same day. Royal Mail advises that delivery may take between 1-5 working days.
If an Order is urgent, you can also request an eGift Card to be emailed free of charge by calling Customer Support. Alternatively, you can choose our courier service or collect from our Office address.
All orders can be sent to you, directly to the recipient or to another address at your request.
If you haven't received the delivery within a reasonable timeframe and you believe it has gone astray in the post please contact us as soon as possible. Then, subject to checks to ensure, if it hasn't been redeemed, we'll cancel the original order and then we can provide a duplicate, or eGift Card, free of charge.
Whilst we will do our utmost to ensure that your Gift Card is received on time, in circumstances beyond our control such as postal strikes, extreme weather conditions or other force majeure we are unable to be held liable for the delay.
For more urgent deliveries, we recommend our courier service. Orders placed by 1pm on working weekdays will be dispatched the same day. Details of this non-refundable service are as follows:
- a) UK mainland deliveries only
- b) Day courier - next working weekday delivery - from £6.50 + VAT
- c) The courier charge covers up to five Gift Cards with Wallets or Premium Boxes to the same address
- d) Orders of under 150 Gift Cards placed on Fridays after 4pm, or at any time on weekends or Bank Holidays, will be dispatched on the next standard working day. Orders over 150 can take up to two working days.
- e) Deliveries are usually made at any time up to 5.30pm, but may be up to 9pm on particularly busy days before Christmas
- f) No signature is required
Christmas deliveries: last order dates, delivery times, opening hours and courier charges may change over the Christmas and New Year period. For more information on all seasonal variations please contact us at [email protected].
Privacy Policy
This privacy policy (commonly referred to as a "Privacy Statement") explains how Motivates Inc Limited ("Motivates", "we", our, or "us") and its affiliated companies, process the personal data of website visitors, users of our apps, users of our Gift Card(s) and branded payments services. These terms apply to the purchase of the life:style Gift Cards, life:style digital eGift Cards and Print-at-Home Vouchers (the Gift Cards), including, but not limited to life:style Ultimate, life:style Eat, life:style Home and life:style Fashion & Beauty, life:style Happy Birthday, life:style Christmas, life:style Thank You, life:style Congrats (the Range) Motivates and The Life:style Voucher are committed to maintaining your privacy and protecting your information when you visit and/or use this site. This Privacy Statement explains how we will use and protect your information.
How do we use your personal data?
Personal data is only collected on this website with your prior permission, and is used for the execution of the contract of services. Your name, email address and other relevant information will be used to create a user account and enable us to provide you with the programme services. Personal data will only be used to fulfil the specific purposes of the programme and associated activities, including but not limited to account management, fulfilment of product (i.e. gift cards, gift vouchers, eCodes, eGift Cards, eVouchers) and order processing and account communications. We may change this policy from time to time by updating this page. You are advised to check it from time to time in order to ensure that you are aware of any changes and that they are acceptable to you. Following any material changes to this policy wording, and on returning to this website, you will be alerted by way of a pop-up notice. You should then check this page to ensure that you are happy with any changes. We may use the information we collect to improve our products, services and the range of features available.
We will never share your personal data with any other third party, unless we have informed of the need to do so.
What do we do with your information?
We may use information about you only for any of the following purposes:
- Provide Our Services: To provide our services which means any ancillary service provided by us including but not limited to personalisation, packaging, delivery and customer support (the Services), operate our websites, respond to your enquiries and fulfil your requests and orders, process your payments, for bug and error reporting and resolution, to perform upgrades and maintenance;
- Customer Service and Support: To send you important information, such as changes to terms, conditions, and policies and/or other administrative information;
- Personalization: To personalize your experience of our websites or using the Services, such as by tailoring the content we send or display to you in order to personalize help and instructions, and to otherwise personalize your experience using the Services;
- Alerts and Required Notices: To send you messages that you have requested such as service-related alerts and any notices required by contract or applicable law;
- Marketing and Promotions: To send you marketing communications you have signed up for;
- Advertising and Referrals: To assist in advertising the Services on third-party websites and to track referrals from partner websites;
- Analytics and Improvement: To better understand how our users access and use the Services, and for other research and analytical purposes, such as to evaluate and improve the Services;
- Verify Identity and Detect Fraud: To verify your identity and/or location in order to allow access to your accounts, conduct online transactions, and secure your personal data, and for risk control, fraud detection and prevention, and compliance with laws and regulations;
- Protect Our Legal Rights and Prevent Misuse: To protect the Services, prevent unauthorized access and other misuse, and where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, or violations of our Terms and Conditions or this Privacy Statement;
- Comply with Legal Obligations: To comply with the law or legal proceedings such as when required to disclose information in response to lawful requests by public authorities, including responding to national security or law enforcement disclosure requirements; and
- General Business Operations: Where necessary to the administration of our general business, accounting, recordkeeping and legal functions.
How do we collect your information?
We collect information about you using various methods including:
- When you submit it through this website;
- From information held and supplied by clients; and
- When you telephone us or correspond with us by means other than through this website.
We may combine information that we collect about you through this website with information that you provide to us by other means.
How long do we keep your personal data for?
We will retain your personal data for the period that you are registered with any live programme. Thereafter your data will be retained for up to 1 year to enable an orderly close of the programme for clients and your transactional data for a period not exceeding 6 years. Thereafter, your personal data will be irretrievably deleted. We will retain personal data essential for legal or regulatory purposes for the duration of the relevant requirements.
To whom do we disclose your information?
We will not disclose to any third parties, personal data which relates to you without your prior consent, except:
- To our clients as defined above;
- Where it is necessary to enable any of our staff, employees, agents, contractors, suppliers or commercial partners to provide a service to us or to perform a function on our behalf (including fulfilling orders for products or services, supplying products or services that we provide on behalf of clients and as part of any programme you are enlisted to); or
- Where we have justifiable reason to consider disclosure of your information to other businesses, financial organisations or law enforcement agencies to be necessary or desirable with a view to the prevention or detection of fraud, or if we are required to or are permitted to by law.
Should the above involve the transfer of your personal data to a country outside of the EU, or to a non-EU-approved country, we will take steps to ensure commercially reasonable safeguards are in place with the third-party to protect your data to a level at least commensurate with that provided under the GDPR. In order for us to deliver our services, we may need, from time to time, to transfer and/or process personal data outside of the EEA, by agreeing our Direct To Consumer Terms and Conditions any contracted user of our Services are explicitly agreeing to this necessary transfer of personal data by us as required to fulfil any contractual orders to supply Gift Cards.
What rights do you have?
From May 2018, you have the following rights:
- The right to be informed. This Privacy Statement meets those rights;
- The right of access. You have the right to access the personal data that we hold about you;
- The right of rectification. You have the right to inform us of any changes to your personal data if it is inaccurate or incomplete;
- The right of erasure. You have the right to request the deletion or removal of personal data where there is no compelling reason for its continued processing;
- The right to restrict processing. You can request that we continue to store your personal data, but not to further process it;
- The right to data portability;
- The right to object. You have the right to object to processing on legitimate interests; and
- The right to lodge a complaint with a supervisory authority. The supervisory authority for the UK is the Information Commissioners Office (ICO). www.ico.org.uk / 0303 123 1113.
To exercise any of these rights, or in the event of a complaint, please contact Motivates Inc Ltd at [email protected] or Motivates, 3rd Floor, 3 Bath Place, London, EC2A 3DR. We will verify your identity and will not be able to provide information until we are satisfied that you have a right to this information. Any information will be provided to you within 30 days unless in exceptional situations where we may advise you of an extension of up to 60 days.
PLEASE READ THIS DOCUMENT CAREFULLY. ANY PERSON WHO WANTS TO ACCESS THE AnyCard.CA WEBSITE (THE "WEBSITE") TO USE OUR SERVICES (AS DEFINED BELOW) MUST ACCEPT THE TERMS AND CONDITIONS OF THIS MERCHANT SALES AGREEMENT (THE "AGREEMENT"). BY CLICKING "I AGREE”, YOU (NAMELY THE MERCHANT SEEKING TO USE THE SERVICES) AGREE TO ENTER INTO THIS AGREEMENT WITH 101273926 SASKATCHEWAN LTD. ("AnyCard.CA") AND BE BOUND BY ALL TERMS AND CONDITIONS HEREIN.
We reserve the right at any time to change: (i) the terms and conditions of this Agreement; (ii) this Website or the Services, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through this Website or the Services or the hours that they are available; (iii) any fees or charges, if any, related to the use of this Website or the Services; and (iv) the equipment, hardware or software required to use and access this Website or the Services. Any changes will be effective upon posting of the revisions on the Website. All notice of changes to this Agreement will be posted on the Website for thirty (30) days. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted on the Website without notice to you. Your continued use of this website and the services following our posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this agreement, do not continue to use the services or this website.
- AnyCard.ca provides a platform for third-party merchants ("Sellers") and buyers ("Buyers") to negotiate and complete transactions for the purchase of e-gift cards (the "Services"). AnyCard.ca is not responsible for the actual transaction between Sellers and Buyers. Accordingly, the agreement formed at the completion of a transaction (for the purchase of a gift card through the Services) is between you and a Buyer.
- AnyCard.ca shall use commercially reasonable efforts to provide you with access via the Internet to the Services for the purpose of enabling you to use the Services in accordance with the terms of this Agreement. You are responsible for obtaining your own access to the Internet.
- AnyCard.ca agrees to implement generally accepted industry standard protocols to seek to secure any information shared or communicated through the Website between you, the Buyers, and/or AnyCard.ca.
- You will be given access codes and passwords in order for you to access, utilize or otherwise employ the Services (the "Access Codes"). All such Access Codes, including those selected by and used by you, are to be kept secret and confidential. You shall not disclose the Access Codes to any other party without the express written permission of AnyCard.ca. You acknowledge and agree that you are solely responsible for the issuance of Access Codes.
- You acknowledge and agree that you shall be responsible for each and every access, use or employment of the Services that occurs in conjunction with all Access Codes, and that AnyCard.ca is authorized to accept the Access Codes as conclusive evidence that you have accessed, utilized, or otherwise employed the Services.
- You agree that you will not attempt to enter restricted areas of AnyCard.ca's computer systems or perform functions that you are not authorized to perform pursuant to this Agreement. AnyCard.ca may, without notice, temporarily suspend your or any other party's access to the Services by deactivating any Access Codes or links to the Internet if AnyCard.ca reasonably suspects that you or any other parties are obtaining unauthorized access to AnyCard.ca's other systems or information, or are using otherwise valid Access Codes in any other unauthorized manner. These suspensions will be for such periods of time as AnyCard.ca, at its sole discretion, may reasonably determine is necessary to permit the thorough investigation of such suspended activity. Notwithstanding any other provision in this Agreement, AnyCard.ca may terminate this Agreement immediately, without notice, if it is determined that you have undertaken such unauthorized activity.
- If a Buyer wishes to purchase one of your e-gift cards through the Service, any such transaction will be processed by Stripe, Inc. ("Stripe"). In order for Stripe to execute any such online payment transactions (and as a condition of your use of the Services), you must create and maintain an account with Stripe and agree to be bound by the "Stripe Terms of Service – Canada" available at: https://stripe.com/ca/terms, as may be amended from time to time.
- Our fees for providing you with the Services shall be ten (10) percent of the value of any gift card that you sell using our Services. As such, you will receive ninety (90) percent of the value of any gift card that is sold through the Services.
- You agree that title to and ownership of the Website and any modifications made thereto and all intellectual property rights therein shall at all times remain with AnyCard.ca and/or its suppliers. AnyCard.ca reserves all rights to the Website that are not expressly granted in this Agreement.
- You may not create derivatives, modify, decompile or reverse engineer the Website, or do anything that will reveal or generate the source code of the Website. Any such act will be a violation of the rights, title and interests of AnyCard.ca.
- Unless you first obtain AnyCard.ca's prior written consent, you will not issue any press releases or otherwise make any public statements or communications disclosing or concerning: (i) this Agreement, its terms, or the relationship of the parties; (ii) any information relating to AnyCard.ca or its affiliates' technology, customers, business plans, marketing activities, finances and/or other business affairs; (iii) any matters or information relating to the Website users, traffic or transactions on the Website; and/or (iv) any nonpublic information disclosed by AnyCard.ca, its affiliates or their respective agents, to you, your affiliates or their respective agents, whether or not designated as confidential, contained in tangible materials or disclosed orally or by your observation. You:
- may use such information solely in pursuance of the parties' business relationship;
- will restrict the possession, knowledge and use of such information to your employees, contractors, agents, and legal and financial advisors who (x) have a need to know such information in connection with the parties' business relationship, (y) are obligated to limit their use of and protect such information in accordance with the terms of this Agreement, and (z) have been advised of such obligations;
- except as expressly provided in this Agreement, will not disclose such information without AnyCard.ca's prior written consent; and
- will take all reasonable measures to avoid disclosure, dissemination, misappropriation or unauthorized use of the such information, including, at a minimum, those measures it takes to protect its own confidential information of a similar nature, but in no event less than reasonable care.
- The Website and Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations.
- AnyCard.ca has the right to use, transmit, display, reproduce, change or remove any content that is uploaded to our site by you.
- AnyCard.ca has the right, but not the obligation, to monitor any activity and content associated with the Services or the Website. AnyCard.ca may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on the Website, including listings and bids. AnyCard.ca reserves the right and has absolute discretion to remove, screen, or edit any content that violates these provisions or is otherwise objectionable or has been reported by other users.
- You hereby represent and warrant to AnyCard.ca that: (i) you are a legitimate business; (ii) you are duly organized, validly existing and in good standing under the laws of the jurisdiction in which your business is registered; (iii) you have a bank account located in Canada; (iv) you will honour any gift card that you sell or otherwise provide to a Buyer through the Services; and (v) you have all requisite right, power and authority to enter into this Agreement and perform your obligations hereunder.
- You acknowledge and agree that the Services are provided via the Internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world. You are solely responsible for obtaining and maintaining any necessary consents or permissions from your Authorized Users or others whose information may be collected, recorded, processed, stored, used, disclosed, transferred, exchanged or otherwise handled as a result of, or as part of, any communications involving the use of the Services and agree to obtain and maintain all such consents or permissions throughout the Term of this Agreement.
- You further acknowledge that: (i) AnyCard.ca uses public application programming interfaces ("APIs") from any applicable third party social media websites ("Social Media Sites"). AnyCard.ca cannot and does not exercise any control over these APIs or the terms of use or other agreement governing the parties' use of a Social Media Sites; and (ii) changes made to any applicable APIs may impact and/or diminish the functionality and/or performance of the Services. AnyCard.ca shall not be responsible for the effects of any changes made to any applicable API or Social Media Site (including our ability to use any such website).
- THE WEBSITE AND THE SERVICES ARE PROVIDED TO YOU ON AN "AS-IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS, AND AnyCard.CA EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS CONCERNING THE SERVICES AND THE WEBSITE, INCLUDING WITHOUT LIMITATION:
- THE IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
- THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR; AND
- ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
- BECAUSE AnyCard.CA IS NOT INVOLVED IN TRANSACTIONS BETWEEN BUYERS AND SELLERS, IF A DISPUTE ARISES BETWEEN ONE YOU AND A BUYER, YOU HEREBY RELEASE AnyCard.CA (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
- All FEES AND PENALTIES ASSOCIATED WITH ANY TYPE OF FRAUDULENT DISPUTES ARE THE SOLE RESPONSIBILITY OF THE SELLER INCLUDING THE VALUE OF ANY PURCHASES MADE USING THE ELECTRONIC GIFT CARD.
- EXCEPT FOR AnyCard.CA'S WILLFUL MISCONDUCT OR FRAUD:
- AnyCard.CA SHALL NOT BE LIABLE UNDER THIS AGREEMENT FOR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS OR LOST SAVINGS, OR LOST REVENUES (EVEN IF IT HAS BEEN ADVISED OF THEIR POSSIBLE EXISTENCE); AND
- IN NO EVENT SHALL THE TOTAL AND CUMULATIVE LIABILITY OF AnyCard.CA UNDER THIS AGREEMENT EXCEED $5.00.
- THE CONSIDERATION RECEIVED BY AnyCard.CA HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR AnyCard.CA TO ACCEPT ANY LIABILITY OR RISKS BEYOND WHAT IS EXPRESSLY PROVIDED HEREIN.
- You will defend, indemnify and hold harmless AnyCard.ca (and its respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, settlements, awards, judgments, penalties, interest, expenses and fees (including reasonable attorneys' fees) arising out of any Claim (as defined below) that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; or (ii) your use of the Services, including any e-gift cards that you sell or otherwise provide to a Buyer. For purposes of this Agreement: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity.
- AnyCard.ca, in its sole discretion, may terminate this Agreement, access to the Website or the Services immediately without notice for any reason.
- You may terminate this Agreement by providing us with fifteen (15) days written notice.
- In the event that AnyCard.ca terminates this Agreement pursuant to Section 12.2, you shall pay AnyCard.ca for all outstanding fees, charges and other expenses.
- Any termination or expiration of this Agreement will be without prejudice to any obligation of either party to the other accruing prior to or at such termination or expiration, and any remedies available to one party due to the other party's breach of this Agreement will survive termination of this Agreement.
- If AnyCard.ca or the Seller choose to terminate the service agreement at any time, the Seller agrees to issue a physical gift card to the Buyer(s) for any outstanding balances on any electronic gift cards purchased.
- Because AnyCard.ca is not involved in the actual transaction between yourself and any Buyers and is not the agent of either for any purpose, AnyCard.ca will not be involved in resolving any disputes between you and any Buyer related to or arising out of any transaction through the Services. AnyCard.ca urges Sellers and Buyers to cooperate with each other to resolve such disputes.
- However, any controversy, claim or dispute arising out of or relating to this Agreement or the Services or the relationship between you and AnyCard.ca which results from this Agreement which cannot be amicably resolved (collectively, a "Claim") will, except where prohibited by applicable law, be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Regina, Saskatchewan in English and in accordance with the UNCITRAL Arbitration Rules, except as such rules are modified or waived herein. Although the appointing authority shall be a Justice of the Court of Queen's Bench of Saskatchewan, the arbitrator will be a person who is legally trained and who has experience in the information technology field in Canada or the United States of America and is independent of either party. Any such Claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to: (i) waive any right you may have to commence or participate in any class action against AnyCard.ca relating to any Claim; (ii) opt out of any class proceedings against AnyCard.ca; and (iii) waive, to the fullest extent permitted by law, any right of appeal. Notwithstanding the foregoing, AnyCard.ca reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
- The following matters shall be excluded from the foregoing resolution process: (i) lawsuits to obtain an interim order for specific performance, emergency, injunctive or other equitable relief; (ii) any lawsuits involving third parties; and (iii) intellectual property claims whether initiated by third parties or by one of the parties.
- All headings in this Agreement are for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. Each party acknowledges that this Agreement has been the subject of active and complete negotiations, and that this Agreement should not be construed in favor of or against any party by reason of the extent to which any party or its professional advisors participated in the preparation of this Agreement. Where the context so requires in this Agreement, unless there is something in the subject matter or context inconsistent therewith, words importing the singular number include the plural and vice versa.
- Neither party to this Agreement shall commit any act or take any action which frustrates or hampers the rights of the other party under this Agreement. Each party shall act in good faith and engage in fair dealing when taking any action under or related to this Agreement.
- While you may not assign this Agreement to any third party without the express written consent of AnyCard.ca, we may assign this Agreement without: (i) your consent; or (ii) notice to you.
- You hereby grant AnyCard.ca a limited, revocable, royalty-free, non-exclusive license to use your trade-marks for the sole purpose of enabling AnyCard.ca to: (i) provide you with the Services; and (ii) identify you as a user of the Services on AnyCard.ca's website and other marketing materials.
- These Terms of Use is governed by and construed in accordance with the laws of the Province of Saskatchewan, Canada, without regards to its principles of conflicts of law. Subject to the obligation to arbitrate above, you agree to personal jurisdiction of the courts located in located in Regina, Saskatchewan, Canada, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
- This Agreement supersedes all previous agreements, if any, between the parties hereto and constitutes the sole and entire agreement between them with respect to the subject matter hereof. Each party hereto agrees that there are no oral representations, warranties or conditions and that all terms are embodied in this Agreement. No change, modification or amendment of this Agreement shall be effective unless in writing and signed by both parties hereto.
- No partnership or joint venture is intended to be created by this Agreement, nor any principal-agent or employer-employee relationship. Unless expressly provided in this Agreement, neither party has, nor shall attempt to assert, the authority to make commitments for or to bind the other party to any obligation.
- The waiver by either party of any default by the other party under this Agreement shall not operate as a waiver of any future default, whether of a like or different nature.
- Sections 12.5 shall survive the expiration or termination of this Agreement by either party for any reasons.
- If any provision of this Agreement or its applications to particular circumstances is determined by a court of competent jurisdiction to be invalid or unenforceable, that provision (or its application to those circumstances) shall be deemed stricken and the remainder of this Agreement (and the application of that provision to other circumstances) shall continue in full force and effect insofar as it remains a workable instrument to accomplish the intent and purposes of the parties; the parties shall replace the severed provision with the provision that will come closest to reflecting the intention of the parties underlying the severed provision but that will be valid, legal, and enforceable.
- This Agreement is an agreement between the parties, and confers no rights upon any of the respective employees, agents, or contractors or any other person.
- The parties each agree to execute and deliver (and cause their respective employees or officers to execute and deliver) any appropriate instruments or documents to confirm the assignments, waivers, confirmation of rights and licenses provided for herein and to enable the other to perfect the same by filing, registration or otherwise in any state, territory, or country, as may be reasonably requested and prepared by such other from time to time.
This Agreement was last updated on January 8, 2016.