TERMS AND CONDITIONS

GIVVIT

 

DEFINITIONS

“Givvit” is a mobile application and web based platform (the “App”) that enables friends to send and receive treats in the form of gift codes and vouchers (or similar) (“Treats”) which can be redeemed for specified products or services. The Treats are issued by retailers and other providers (known as “Treat Partners”) and distributed by the Givvit App.

“Sender(s)” & “Recipients” are the users of Givvit (or “Givvit User”). The Sender purchases a Treat for an intended Recipient, who then receives the Treat via Givvit.

“Startled Frog” Givvit is produced by and is the property of Startled Frog Limited, a company incorporated in England with company number 07983137. Our registered office is at Camburgh House, 27 New Dover Road, Canterbury, Kent, United Kingdom, CT1 3DN. Our place of business is Level 39, 1 Canada Square, London, E14 5AB. Our VAT number is 171 2091 37. Our contact details are: Telephone Number 03332 020984 Email address support@givvit.com

 

CONDITIONS OF SALE:

Treat purchases on Givvit are only accepted subject to these Terms & Conditions and only relate to the United Kingdom since Treats may only be redeemed in the United Kingdom.

These Terms and Conditions should be read together with a) the End-User License Agreement (EULA) for iOS users and End-User License Agreement (EULA) for Android users and b) our Policy on Privacy, Data, Cookies and Marketing Communications for iOS users and Privacy, Data, Cookies and Marketing Communications for Android users which all apply to your use of the Givvit App.

 

TREATS

  1. Whatever Treat you purchase via the Givvit App will be subject to the terms and conditions of the relevant Treat Partner. This is because there will be a contract between the Recipient and the specified retailer or Treat Partner. In respect of any Treats, Startled Frog does not assume any responsibility for any contracts regarding the redemption of the Treat with the specified retailer or Treat Partner. Please note that with regards to the “Charity” Treats, the Sender makes a donation of the amount specified on the Treat screen, on behalf of the Recipient, to Operation Smile to fund its purchase of the specified equipment for patients treated by the charity. There is no requirement for the Recipient to take any action to redeem the Charity Treats as Givvit will automatically process the donation.

 

 

  1. If for any reason beyond our reasonable control we are unable to supply a particular Treat, we reserve the right to substitute such Treat with an alternative of equal value without prior notice [unless you tell us not to do so].
  2. In the event that we are unable to supply a Treat or a substitute we shall inform you as soon as possible, and reimburse payment in full within 30 days of notification.

 

REGISTRATION AND PURCHASING TREATS

  1. You must register in order to be a Givvit User. This is so that we can provide you with easy access to your Treats, view your past purchases and modify your preferences. We reserve the right to decline a new registration or to cancel an account at any time. You register with us so you don’t have to re-enter your information every time you use Givvit.
  2. To register you need to supply us with your name, email address, mobile telephone number and possibly some other personal information.
  3. During registration, you will also need to supply us with your password. You must keep the password confidential and immediately notify us if any unauthorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You agree that we are not responsible or liable in the event that a person to whom your password is disclosed uses (and/or transacts via) Givvit. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
  4. To enable us to process Treats the Givvit User is responsible for providing accurate details when registering on Givvit and for providing an accurate and active mobile phone number and / or email address for the Recipient. Subject to our Policy on Privacy, and if you instruct us to do so in the Givvit App we may also access contacts on your mobile phone or social media to allow you to invite friends to Givvit and send Treats to Recipients.
  5. Incorrect details will lead to a Treat not being received by a Recipient and in such circumstances Startled Frog is not liable to refund any payment made.
  6. Treats can only be processed upon receipt of payment. Payment is made with PayPal, a secure Payment Service Provider supporting all major credit cards and debit cards with the major UK acquiring banks.
  7. For PayPal Terms & Conditions please go to PayPal Terms
  8. The total price of the Treat voucher or code is shown when you choose a Treat and when you are asked to confirm your purchase of such Treat. The good or service the Treat code or voucher is redeemable for costs the same as the cost of the Treat code or voucher. That is, the voucher or code is issued at par value and the goods and services purchased with them would cost the same if purchased for cash.

 

 

  1. Depending on the Treat you have selected, a transaction fee may also apply in addition to the cost of the Treat. If applicable, this will be shown together with the Treat price and the total combined cost when you are asked to confirm your purchase of the Treat.
  2. Once the Sender has completed payment for the Treat, a Treat notification will be sent immediately to the Recipient by email and/or mobile phone and/or social media message (depending on the choice you make in the purchasing process) to notify them that you have purchased them a Treat via Givvit. If the Recipient is already registered with Givvit, the notification will ask the Recipient to log into the Givvit App to see their Treat. If the Recipient is not already registered with Givvit, the notification will explain how to download the Givvit App to obtain and redeem the Treat.
  3. We cannot send alcoholic Treats from a Sender under the age of 18 years, or deliver to any Recipient who is under the age of 18 years.
  4. If you send a Treat that is an alcoholic beverage, you represent to Startled Frog and to the Treat Partner that you are at least 18 years old and that the Recipient is at least 18 years old; and that the Recipient will provide valid identification if requested by the Treat Partner proving that he or she is at least 18 years of age.
  5. Under the Licensing Act of 1964 (UK) and 1976 (Scotland), it is an offence for any person under 18 years to buy, or attempt to buy, alcoholic liquor. It is an offence under Sections 32 and 33 of the Intoxicating Liquor Act 1988 (Ireland) for any person under 18 to buy, or attempt to buy, intoxicating liquor. It is an offence under Licensing (Northern Ireland) Order 1990 for any person under 18 to buy, or attempt to buy, intoxicating liquor.
  6. By registering for the Givvit App you are consenting to be bound by our Terms and Conditions and each time you purchase a Treat you shall be bound by these Terms and Conditions.

 

REDEMPTION OF TREATS

Treats are redeemed by a) activating the treat or voucher through the Givvit App and then b) presenting the activated code or voucher to the relevant retailer to redeem the Treat in exchange for the relevant goods or services

  1. Unless expressly stated otherwise:

(a) a Treat can only be activated and redeemed once;

(b) a Treat can only be redeemed with the specified retailer or Treat Partner and not with Givvit or Startled Frog;

(c) a Treat is valid for one person only (the Recipient); and

(d) you must follow the redemption instructions associated with the Treat when you a) activate the Treat and b) redeem the Treat with the specified retailer or Treat Partner.

  1. Once the Recipient has decided to redeem the Treat, press the “Do you want to redeem this now?” button in the Treat screen and follow the step by step instructions for how to activate and redeem. This will involve taking/showing the Treat voucher or code to the relevant retailer or Treat Partner for them to process in return for supplying you with the relevant good or service referred to in the Treat.

 

 

  1. In order to redeem a Treat you must activate it within 12 months of receipt (the “Activation Period”) to obtain your voucher or code. You must present this voucher or code to the specified retailer or Treat Partner before the voucher or code expires. The voucher or code is valid for a minimum of 3 months after the Treat has been activated. If you do not activate the Treat within the Activation Period, the Treat expires automatically. It cannot be activated or redeemed anymore and neither the Sender nor the Recipient is entitled to any reimbursement or compensation. If the Recipient of the treat does not download the Givvit App during the Activation Period, neither the Sender nor the Recipient is entitled to any reimbursement or compensation.
  2. There may be location restrictions in respect of specified retailer or Treat Partner outlets which will not redeem your Treat voucher or code, for example at service station or airport franchise outlets. Such restrictions are governed by the policies of the specified retailer/Treat Partner.
  3. If you have a problem with a purchase or a dispute with the specified retailer or Treat Partner, you must deal directly with such retailer/Treat Partner. You agree and acknowledge that Startled Frog and Givvit are not responsible for the goods or services purchased with the Treat. Furthermore any returns or exchanges will be governed by the policies of the specified retailer/Treat Partner and applicable law.

 

CANCELLATION

  1. You have a statutory right to cancel your purchase of the Treat within 14 calendar days after the day you purchase a Treat (the ‘Treat Cancellation Period ‘). However, if the Recipient activates the Treat during the Treat Cancellation Period, the Sender expressly requests Givvit to begin providing the services to you, and you acknowledge that you lose your right to cancel the purchase of the Treat. Once the Treat has been activated, Givvit has completed its services to you in full. The duration of each contract regarding the purchase of a Treat commences upon the purchase and ends upon the activation of the Treat or if the Treat is not activated at the end of the 12 month Activation Period.
  2. If you want to cancel your purchase of a Treat you can do so in any of the following ways:

(a) by filling out and submitting the cancellation form online at [insert URL where the form can be completed];

(b) by contacting us at support@givvit.com or

(c) by writing to us at the business address set out in the definition of “Started Frog” at the top of these Terms and Conditions.

 

 

  1. If you cancel your purchase of the Treat in accordance with this section, Startled Frog will refund you for all payments made as part of your purchase within 14 calendar days from the day on which you informed Startled Frog about your cancellation. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of the reimbursement.

 

REFUND POLICY

  1. In all cases, the Treat must have been purchased and received through the Givvit App.
  2. In the event that a Treat is purchased by you through the App but is not received by the Recipient that you selected on the Givvit App, you may request a transfer of the Treat to yourself as the purchaser as long as the Recipient has downloaded the Givvit App and registered as a Givvit User.
  3. In the event that a Treat is purchased by you, is received by the Recipient you selected on the Givvit App and is not activated by that recipient (within the 12 month Activation Period) you will not be entitled to any refund. In the event that a Treat is purchased by you and the Recipient you selected does not download the App within the 12 month Activation Period, you will not be entitled to any refund.
  4. Once a Treat has been activated by the Recipient it cannot be refunded.
  5. A treat will automatically expire 12 months after being purchased, unless it has been activated within the 12 month Activation Period
  6. A Treat is not for re-sale and cannot be exchanged for cash. No change or refund will be given. The Treat will not be honoured if sold.
  7. In the event that the Treat Recipient’s mobile phone is lost or stolen, no refund can be given for any outstanding Treats however we will endeavour to transfer Treats to a new device if possible.
  8. Your statutory rights are not affected.

 

DISCLAIMER

  1. Although we will try to allow uninterrupted access to the Givvit App and service, access to them may be suspended, restricted or terminated at any time. In the event a Givvit User is prevented from activating an existing Treat which has been purchased for such Givvit User due to termination of the Givvit service, and provided the Treat’s 12 month Activation Period has not expired, Startled Frog will refund the requesting party (be it the Sender or the Recipient) if you contact us using the details set out at the start of these Terms and Conditions.
  2. Your access to the Givvit App and service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We also reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of these Terms and Conditions.

 

  1. Whilst we agree to use all reasonable endeavours to ensure that the Givvit App is fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of our service. We do not give any warranty that the Givvit App or services are free from viruses or anything else which may have a harmful effect on any technology.
  2. We shall be released from our obligations under these Terms and Conditions in the event of any cause beyond our reasonable control which renders the provision of the Givvit service impossible or impractical.
  3. This Disclaimer section sets forth Startled Frog’s entire liability in respect of the performance, non-performance, purported performance or delay in performance of our obligations under these Terms and Conditions or any purchase of a Treat (or any part of them); or otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.
  4. Nothing in these Terms and Conditions shall exclude or limit our liability for any liability for (i) fraud; (ii) death or personal injury caused by our negligence; (iii) serious misconduct by us, excluding serious misconduct not conducted by Startled Frog Limited itself; or (iv) any liability which cannot be excluded or limited by applicable law. You are obliged to take reasonable steps to avert or reduce damages.
  5. We exclude all liability for any claims, losses, demands and damages, including without limitation, any costs, loss of profits, loss of contracts or business opportunity, loss of data and any other consequential, incidental, special or punitive damages, even if we have been advised of the possibility of such damages, arising directly or indirectly out of or in any way connected with your use or inability to access this App, our website and/or the Givvit service, whether arising in contract, tort (including negligence), under statute or otherwise.

 

GENERAL

  1. These Terms and Conditions were last updated on 19th January 2015]. Startled Frog reserves the right to unilaterally amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on our website – [givvit.com], as well as to the App. You will be bound only to the version of the Terms and Conditions you agreed to at the time you purchased a Treat.
  2. It is your responsibility as a customer to review the Terms and Conditions on each occasion you use the Givvit service.
  3. Changes will be effective 24 hours after the posting of any such change and all subsequent dealings between you and us shall be on the new Terms and Conditions.
  4. These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in Givvit and in this website provided that in the event of a conflict between any such other notices, policies, disclaimers and other terms, these Terms and Conditions shall prevail. If any of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

 

 

  1. We shall ensure that we comply with the requirement of all current data protection legislation including, without limitation, the Data Protection Act 1998 (as replaced, modified or re-enacted from time to time). We shall only use personal data received from you for the purpose of fulfilling our obligations under these Terms and Conditions and as stated in our Privacy Policy.
  2. A person who is not a party to the agreement between you and us has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Terms and Conditions but this does not affect any right or remedy which exists apart from that Act
  3. Your purchase will be deemed to have occurred in the United Kingdom. These Terms and Conditions shall be governed by and construed in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the English courts.
  4. No part of Givvit may be reproduced, stored or transmitted in any form or by any means without the written approval of Startled Frog. It is acknowledged that all trademarks and trade names mentioned on Givvit are the property of their respective companies/owners.
  5. If you are not satisfied in any way with the service Givvit has provided then complaints should be sent to Startled Frog at support@givvit.com