GiftCard.je

Please read these terms and conditions (these ‘Terms’) carefully as they contain important information about your rights and obligations when using this website www.GiftCard.je (the “Website”). You should print a copy of these Terms for future reference.

These Terms will apply to the use of our Website and purchase of the “Gift Cards” (whether physical or digital versions), products and services by you (hereafter “you”/”your”) from SuperPowa Ltd, (a limited company registered in Jersey under company number:118908 having our registered office at Bank House, 2 Library Place, St. Helier, JE2 3NL, Jersey (hereafter  “us”, “our” or “we”) via our Website.

1. HOW THESE TERMS APPLY

1.1 By using the Website you are agreeing to comply with and be bound by these Terms regarding the use of the Website in consideration for us allowing you to access and use the Website and our Gift Cards, products and services. You must not use the Website or our Gift Cards, products or services if you do not agree to comply with and be bound by these Terms.

1.2 By ordering any of the Gift Cards, products or services, you agree to be bound by these Terms.  Before placing an order on the Website, you will be asked to agree to these Terms by ticking the box that you accept the Terms. If you do not tick the box, you will not be able to complete your order and purchase the Gift Cards, products and services.

1.3 We reserve the right to change these Terms at any time. We will take reasonable steps to make you aware of any changes to the Terms, for example by posting them on the Website. You agree to be bound by the version of these Terms displayed on the Website at the time you use it. 

1.4 These Terms refer to our Privacy Policy please see the link here: https://giftcard.je/privacy-policy/ which also applies when using this Website, purchasing the Gift Cards and our third-party service providers.

2. ACCESS

2.1 You are responsible for making all arrangements necessary for you to have access to the Website.

2.2 By agreeing to these Terms, and making any orders you represent that you are at least the age of majority and have legal capacity to contract in your country, state or province of residence.  We do not knowingly contract with any minors.

2.3 You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms, and that they comply with them.

2.4 We make reasonable efforts to ensure that the Website is available to view and use 24 hours a day throughout each year; however, this is not guaranteed. The Website may be temporarily unavailable at any time because of; server or systems failure, other technical issues, reasons that are beyond our control, required updating, maintenance or repair.

2.5 Where possible, we will try to give you warning of maintenance issues of the Website but shall not be obliged to do so.

3. INTELLECTUAL PROPERTY

3.1 In these Terms, “Intellectual Property Rights” means, including but not limited to: copyright (including designs and logos), trademarks, patents, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in software, design rights, registered designs, materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks, the style or presentation of the Gift Cards, products or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to SuperPowa Ltd and the Website and its content , moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world).

3.2 The software code contained in and related to the Website and the materials on the Website including text, images, videos, photographs and other materials are protected by Intellectual Property Rights owned by us and our licensors. You acknowledge that the Intellectual Property Rights in the Website and any software code used with and material supplied as part of the Website shall remain with us or our licensors.

3.3 Subject to Clause 3.5, 3.6 and 3.7 you may:

1. a) retrieve and display materials on the Website on a computer screen or similar display in order to purchase the Gift Cards and/or products and/or services;
2. b) download and store in electronic form the Order Confirmation (as defined in Clause 6) from the Website; and
3. c) copy and print, one copy only of the Order Confirmation and our Terms from the Website.

3.4 Copying, downloading, storing, scrapping or printing the materials on the Website for any reason other than personal use or in accordance with Clause 3.3 is expressly prohibited.

3.5 You agree that you will not (and will not assist or facilitate any third party to) otherwise reproduce, modify, copy, distribute, transmit, scrape, publish, display, commercially exploit or create derivative works from any of the materials on the Website.

3.6 No licence is granted to you to use any of our trademarks or copyrights or those of our affiliated companies or licensors.

3.7 You agree that you will not use our or our licensor’s Intellectual Property Rights in any way other than allowed under these Terms and any infringement by you of our or our licensor’s Intellectual Property Rights will be a breach of these Terms and civil and criminal action may be taken.

4. USE OF THE WEBSITE

4.1 You are permitted to use the Website and the material contained in it only as expressly authorised by us and in accordance with these Terms, as may be amended from time to time, without notice to you.

4.2 Provided that you comply with all other provisions of these Terms, you may download or print one copy only of pages of our Website:

1. a) for your own private use; or
2. b) to draw attention to the content of our Website to members of your organisation.

4.3 You must not:

3. a) download or print pages of the Website for commercial use other than use permitted by Clause 3.3;
4. b) alter the content of any Website webpage you download or print; or
5. c) use any images, videos or photographs on the Website.

4.4 You must:

1. a) keep intact all and any copyright and proprietary notices accompanying or attached to the materials on the Website you download, copy, store or print; and
2. b) acknowledge us as the owners of the content of the Website at all times.

 

4.5 You must not modify, adapt, scrape, translate, reverse engineer, decompile or disassemble any code or program used by or in connection with the Website. You must contact us to request our consent if you wish to take any such action to create an interoperable program and we may provide such consent, in writing, if you provide us with the information we request.

4.6 We provide access to and use of the Website on the basis that we exclude all representations, warranties and conditions to the maximum extent permitted by law.

4.7 We reserve the right to:

1. a) Make changes to the information or materials on this Website at any time;
2. b) Temporarily or permanently change, suspend or discontinue any aspect of the Website, including the availability of any features, Gift Cards, products, services, information, pricing, database or content or restrict access to parts of or the entire Website without notice or liability to you or any third party; and
3. c) Refuse to post material on the Website or to remove material already posted on the Website at our sole discretion.

4.8 You may not use the Website for any of the following purposes:

1. a) Posting any unlawful, harassing, libellous, defamatory, abusive, threatening, fraudulent, malicious, harmful, vulgar, obscene, or otherwise objectionable material;
2. b) Stalking, harassing, threatening, blackmailing any person or violating or interfering with the rights of any other person, including their right to privacy;
3. c) Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise;
4. d) Breaching any applicable local, national or international laws, regulations or code of practice;
5. e) Gaining unauthorised access to other computer systems, Website or servers;
6. f) Interfering with any other person’s, entities or company’s use or enjoyment of the Website;
7. g) Breaching any laws concerning the use of public telecommunications networks;
8. h) Interfering with, disrupting or damaging networks or websites connected to the Website;
9. i) The utilisation of data mining, robots (bots) or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website or the contents of the Website;
10. j) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation;
11. k) To create and/or publish your own database that features all or any parts of the Website or the contents of the Website;
12. l) Making, transmitting or storing electronic copies of materials protected by copyright without the prior permission of the owner;
13. m) Selling or re-selling or using for commercial purposes the; Website, any of the Website content, any Gift Cards, products or services available on the Website, access to the Website,; or
14. n) To represent to others that there is any connection between the Website and your business, website or your views and opinions, that we endorse you, are associated or partner with you or anything connected to you or your business.

4.9 In addition, you must not:

1. a) Introduce viruses, Trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the Website or our server;
2. b) Impersonate any other person or fraudulently provide us with incorrect information;
3. c) Attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to it;
4. d) Attack the Website or server via a denial-of-service attack or a distributed denial-of-service attack;
5. e) Damage, disrupt or interfere with any part of the Website or server, any equipment or network on which the Website is stored or any software used for the provision of the Website; or
6. f) Remove any copyright notice or notice of any other Intellectual Property Rights from the Website or any materials on the Website.

4.10 A breach of Clause 3 and/ or Clause 4 may be a criminal offence under the Computer Misuse Act 1990 or cause us to take civil action against you. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the Website, the Gift Cards, products and our services will cease immediately.

5. SUSPENDING OR TERMINATING YOUR ACCESS

5.1 We reserve the right to terminate or suspend your access to the Website our Gift Cards, products and services immediately and without notice to you if:

1. a) we have reasonable grounds to believe that you are acting in breach these Terms (repeatedly or otherwise);
2. b) you are impersonating any other person or entity;
3. c) when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;
4. d) we suspect you have engaged, or are about to engage, or have in any way been involved, in fraudulent, defamatory or illegal activity on the Website and/or in the purchase or use of the Gift Cards;

6. BASIS OF SALE

6.1 The description of the Gift Cards, products and services in our Website does not constitute a contractual offer to sell the Gift Cards, products and services. When an order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay. The order process is set out on the Website. Each step allows you to check and amend any errors before submitting the order. It is your responsibility to check that you have used the ordering process correctly.

Digital Gift Cards

6.2 A “Contract” will be formed for the sale of digital Gift Cards, products and services ordered via the Website and confirmed via an email (the “Digital Order Confirmation”). You must ensure that the Digital Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the order placed by you. By placing an order, you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Digital Order Confirmation). You will receive the Digital Order Confirmation within a reasonable time after making the Contract Gift Cards, products and services is personal to you and cannot be assigned or sold to a third party.

7. PRICE AND PAYMENT

7.1 The price of the Gift Cards (both physical and digital), products and services and any additional delivery or other charges is set at the date of the order or such other price as we may agree.

7.2 You must pay by using the PayPal payments service.

7.3 We may carry out Know Your Customer “KYC” checks for any Orders over £150 or €150.

7.4 Digital Cards are valid for 365 days from purchase

 

8. WHERE TO SPEND THE GIFT CARDS

8.1 You can use your Gift Cards to make purchases from approved merchants (“Approved Merchants”). The list of Approved Merchants is subject to change and is available at www.giftcard.je

 

9. Delivery

We do our best to make sure your physical or digital Gift Cardis delivered to the email address specified by you as your own email address or that of your intended recipient.

WE expect to take no longer than 24 hours from the time of purchase completion until the time of email delivery.

10. IF THERE IS A PROBLEM WITH YOUR ORDER?

10.1 We do our best to make sure your digital Gift Card or product is received in good time and as described in the checkout basket, but if it does not, we are here to help. Alternatively, if you wish to cancel or receive a refund, you can reach us on either:

• Telephone: (+44) 01534 634001; or
• Email: orders@giftcard.je

10.2 If we do not deliver the Gift Cards, products and services on time, you can (in addition to any other remedies) treat the Contract at an end if:

1. a) we have refused to deliver the Gift Cards, products and services completely, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
2. b) after we have failed to deliver on time, we have discussed and you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

Then, if you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

11. IMPORTANT INFORMATION

11.1 Digital Gift Cards are valid for 365 days from the date of purchase/ issue

11.2 We may have to suspend the supply of the Gift Cards, products and services to:

1. a) deal with technical problems or make minor technical changes;
2. b) update the Gift Cards, products and services to reflect changes in relevant laws and regulatory requirements; or
3. c) make changes to the Gift Cards, products and services as requested by you or notified by us to you.

11.3 We may write to you to let you know that we are going to stop providing the Gift Cards, products and services. We will use our reasonable endeavours to let you know in advance of our stopping the supply of the Gift Cards, products and services and will refund any sums you have paid in advance for Gift Cards, products and services which will not be provided.

12. RISK AND TITLE

12.1 Risk of damage to, or loss of, any Gift Cards and/or products will pass to you when the Gift Cards and/or products are delivered to your designated email address. 

 

13. RETURN & REFUNDS POLICY

13.1 While we hope you will be happy with your Gift Card(s), products or services, we know you may sometimes need to return them and/or seek a refund. Please see below for further information.

14. REFUND AND CANCELLATION PERIOD

14.1 As per Consumer Contracts your right to request a refund starts from the moment we accept your order until 14 days after you receive your Gift Card(s). We cannot accept refunds beyond the 14-day cancellation period. Refunds can only be made on Gift Card(s) that have the full purchase value remaining.  If you use the Gift Card(s) in part or whole then we cannot grant you a refund.

14.2 If you are exercising your right to change your mind you must tell us in writing (an email to orders@giftcard.je will suffice) you wish to cancel, within 14 days, otherwise your right will expire.

15. RETURN COSTS

15.1 We will pay the costs of return of the Gift Cards and/ or products:

16. RECEIVING YOUR REFUND

16.1 Once the Gift Card refund request has been verified and approved, your refund will be processed within 5 to 10 Working Days in The U.K. Refunds will be made through the PayPal system.

17. YOUR STATUTORY RIGHTS

17.1 Nothing in these Terms affects your statutory rights within the United Kingdom.

 

18. OUR RIGHT TO CANCEL

18.1 We may end the Contract for any Gift Cards, products and services at any time by writing to you if:

1. a) you do not make any payment to us when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due;
2. b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Gift Cards, products and services, for example, delivery address or email address or Contract details;
3. c) you do not, within a reasonable time, allow us to deliver the Gift Cards and/or products to you or collect them from us; or
4. d) you do not, within a reasonable time, allow us to supply the services.

18.2    If we end the Contract in the situations listed above, we will refund any money you have paid in advance for the Gift Cards, products and/or services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.

19. LINKING TO THE WEBSITE

19.1 You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.

19.2 Any agreed link must:

1. a) be to the Website’s homepage and not to any other page on the Website;
2. b) be established from a website that is owned by you and does not contain content that is offensive, controversial, defamatory, infringes any Intellectual Property Rights or other rights of any other person, company or entity or does not comply in any way with the law in the UK and the law in any country from which they are hosted;
3. c) be provided in such a way that is fair and legal and does not damage our reputation or goodwill or take advantage of it;
4. d) not suggest any form of association, approval or endorsement on our part where none exists;
5. e) not cause the Website or content on the Website to be embedded in or ‘framed’ by any other website; and
6. f) not cause the content of the Website to be displayed differently from the way it appears on the Website.

19.3 We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our Website homepage is at all times accurate

19.4 We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.

20. WEBSITE EXTERNAL LINKS

20.1 To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website, we are not responsible for the availability of such external websites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:

1. a) The privacy policies of such websites;
2. b) The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources;
3. c) The use which others make of these websites; and
4. d) Any damage, loss or offence caused or alleged to be caused to you, your business or company, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources.

21. DISCLAIMER

21.1 The content on the Website is provided for general information only. It is not intended to be advice on which you should rely. It shall be your responsibility to ensure that any Gift Cards, products and services or information available through the Website meet your specific requirements.

21.2 We attempt to ensure that the information available on the Website at any time is accurate. However, we do not guarantee the accuracy or completeness of material on this Website. We use reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. We make no commitment to ensure that such material is correct or up to date.

21.3 The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Terms or required by law).

21.4 We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses. malware or bugs.

21.5 We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.

21.6 You are responsible for maintaining appropriate anti-virus software on and appropriately configuring the technological devices, platform and computer programs you use to access the Website that are in your control. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses, Trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, hardware, software, peripheral computer equipment, computer programs, data, database or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.

22. LIMITATION OF LIABILITY AND INDEMNITY

22.1 If you are a consumer, nothing in these Terms affects your legal rights. You can obtain advice about your legal rights from Citizens Advice if you need to.

22.2 We cannot exclude or limit our liability to you for:

1. a) Death or personal injury resulting from our proven negligence;
2. b) Proven fraud or fraudulent misrepresentation;
3. c) Action pursuant to section 2(3) of the Consumer Protection Act 1987;
4. d) Any liability, right or remedy which we cannot exclude or limit pursuant to the Consumer Rights Act 2015; or
5. e) Any other matter for which it would be unlawful for us to exclude or attempt to exclude our liability within Jersey law.

 

22.3 We, our officers, directors, employees, affiliates, agents, contractors, interns, suppliers, service providers, subcontractors or licensors will not be liable, in contract, tort  (including, without limitation, negligence), strict liability or otherwise,  including but not limited to; arising from your use of the Gift Card or our services or any Gift Card or our services procured via the Website, or for any other claim related in any way to your use of the Gift Card or our services, including, but not limited to; any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Gift Card or our services, or any content posted, transmitted, use of or reliance on any material or content displayed on or otherwise made available via the Website, or inability to use the Website, even if advised of their possibility, pre-contract or other representations (other than proven fraudulent or negligent misrepresentations) or otherwise, or any linked websites, or for any losses to you including but not limited to:

1. a) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings);
2. b) any loss of goodwill or reputation;
3. c) any special or indirect losses;
4. d) any loss of data and database;
5. e) wasted management or office time; or
6. f) any other loss or damage of any kind.

22.4 If you are not a consumer, we exclude all liability, including any liability in negligence, arising from your use or inability to access or use the Website or the Gift Cards other than that referred to in Clause 22.2.

22.5 If you are a consumer, we are responsible for foreseeable loss or damage which you suffer as a result of a breach by us of the Terms or as a result of our failure to act with reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us before using the Website. We are not responsible for unforeseeable losses.

22.6 If you are not a consumer, you agree to fully indemnify, defend and hold us, our officers, directors, employees, affiliates, agents, contractors, interns, suppliers, service providers, subcontractors or licensors , harmless immediately on demand, from and against all claims, including but not limited to all losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, (including reasonable administrative and legal costs), arising out of any breach of these Terms by you, your business or your company, or any other liabilities arising out of your, your business or your company use of this Website or any other person accessing the Website using your personal information with your authority.

 

22.7 If you are a consumer you agree to fully reimburse us, our officers, directors, employees, affiliates, agents, contractors, interns, suppliers, service providers, subcontractors or licensors for all losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Terms by you, or any other act or omission by you in using the Website or by any other person accessing the Website using your personal information with your authority that results in any legal responsibility on our part to any third party.

23. FORCE MAJEURE 

23.1 In the event of any failure by a party to fulfil their obligations in these Terms because of something beyond its reasonable control then:

1. a) the party will advise the other party as soon as reasonably practicable; and
2. b) the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the rights relating to delivery and any right to cancel the Contract.

23.2 In addition we shall have no liability to you for any breach of these Terms including but not limited to inability to provide the Gift Card or services or cancellation of a Gift Card or services caused by Force Majeure, an event or circumstance beyond our reasonable control including, but not limited to; strikes, lock-outs or other industrial disputes, breakdown of systems or network access; pandemic, epidemic, lockdown (national or local) flood, fire, explosion or accident, civil unrest or war.

24. USE OF PERSONAL DATA

24.1 In order to go on our Website and purchase our Gift Cards, products or services we collect personal data on you. This information will only be requested and processed in accordance with our Privacy Policy, please see the link here https://giftcard.je/privacy-policy/.

25. COMPLAINTS 

25.1 We try to avoid any dispute, so we deal with complaints in the following way.  If a dispute occurs the consumer should contact us on the details below and hopefully, we can find a solution:

• Email orders @ orders@giftcard.je or
• Telephone: (+44) 01534 634001

 

25.2 We will aim to respond with an appropriate solution within five (5) working days in the U.K.. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible in writing. If you and we cannot resolve a dispute using our complaint handling procedure, We will:

1. a) let you know that we cannot settle the dispute with you; and
2. b) give you certain information required by law about our alternative dispute resolution provider.

26. GENERAL

26.1 We reserve the right to change the domain address of this Website and any services, Gift Cards, products, prices, product specifications and availability at any time, at our sole discretion.

26.2 Each of the Clauses of these Terms should be considered separately. If any of the Clauses in these Terms are found to be unenforceable, invalid or illegal, the rest of the Clauses in these Terms will continue to be enforceable and have full effect.

26.3 These Terms and any policies or operating rules posted by us on our Website including but not limited to; our Privacy Policy, in respect to the Gift Cards, products and services constitutes the entire agreement and understanding between you and us and govern your use of the Gift Cards, products and services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of those documents).

26.4 These Terms are in English only.

26.5 We will not lose our rights under these Terms by reason of any delay by us in enforcing those rights. We will not be bound by any agreement not to enforce our rights under these Terms unless we have agreed not to do so in writing. Any delay by us in enforcing our right, non-enforcement of our rights or agreement not to enforce our rights in respect of one breach by you of these Terms will not prevent us from fully enforcing our rights in respect of any other breach by you of these Terms.

26.6 We may transfer, assign, subcontract, delegate, licence and mortgage our rights and obligations under these Terms to another legal entity, company or organisation.

26.7 You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.

26.8 Unless it expressly states otherwise, these Terms do not give rise to any third-party rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.

 

27. GOVERNING LAW AND JURISDICTION

27.1 The Website is controlled and operated in Jersey.

27.2 These Terms (including any non-contractual matters) are governed by the laws of Jersey.

27.3 Subject to alternative dispute resolution which shall be based in Jersey, all disputes (whether contractual or otherwise) shall be submitted to the exclusive jurisdiction of the courts of Jersey.