Purchaser and User Terms and
Our Terms and Conditions
We are The Token & Voucher Company Limited and we use the
trading and domain name "giftedpeople". These are our terms
and conditions (terms) which will apply to
you, "you" being
those who purchase (givers)
vouchers from us, those to whom the vouchers are gifted or given
(users) and anyone considering our voucher
services or visiting this website. By using this website or our
services you agree to be legally bound by these terms. If you
do not accept these terms, please do not use this website or our
Our Services and the Traders' Services
On being funded and asked to do so by the givers, we shall
provide vouchers with which the user can pay or part pay for chosen
services from participating local providers
(traders). Our services are restricted to the
provision of these vouchers (our services). These
terms are not the traders' terms and conditions nor are their terms
ours. We are not liable or responsible for the quality of the goods
or services (trader services) supplied to users by
traders, this being the sole responsibility of the relevant trader.
It is therefore important that before using any trader services the
user makes suitable enquiries of the trader as to what terms and
conditions the trader will apply to the provision of his services
as well as gaining a full understanding of the nature and extent of
the services themselves. The traders' terms and conditions
and not these terms will regulate all matters relating to trader
services. The giver and the user will also wish to consider
most carefully how appropriate it will be for the user to
participate in or receive the trader services because neither we
nor any trader shall have any responsibility in this respect.
Validity of Vouchers
Standard paper vouchers are valid for a period of 365 days from
the date of issue. Emailed vouchers ("e-vouchers") are valid
for 30 days from date of issue. Vouchers cannot be exchanged or
redeemed for cash in whole or in part whether by us or by the
trader. On receipt of clear payment from the giver, standard paper
vouchers will be dispatched to the nominated user by first class
post within 2 working days. Do enquire about express delivery which
if available will entail an additional charge. We are not
responsible for delivery once in the post nor of course for delays
through any inaccuracy in the user's details provided by the giver.
Emailed vouchers will be issued within 1 working day of payment
receipt. Vouchers are not replaceable and cannot be
re-issued. If any voucher has been issued prior to clear
funds being received in due payment, we reserve the right at any
time thereafter to withdraw from validity without prior notice any
Only the original voucher will be accepted; copies are not
acceptable. Defaced or damaged vouchers will not be accepted.
Validity of the vouchers may be extended at our discretion and
at a commission rate notified on the web site, provided the
vouchers are returned to us before the expiry date in accordance
with instructions provide on the web site. You should note
however that traders are not required to hold their gift prices
where vouchers have had their validity extended.
Traders' Right to Decline Services
The trader may decline to provide services at an address which,
or to a user who, is different from that shown on the voucher. The
trader may in his own judgement reasonably decline to provide
trader services to any user for whom he considers the trader
services would be inappropriate and his decision on these grounds
shall be final. Naturally, you would be free to use the voucher
against other trader services.
Withdrawal of Services
We have reserved the right with the traders to withdraw any
trader from participation in our services. Also, we or the trader
may alter or restrict the extent of the trader services at any
time. Should this happen in the case of a voucher where the giver
has specially recommended a single and particular use for the
voucher (but only in this case) before the trader services have
been performed, we will provide details of an alternative trader as
quickly as possible. If no alternative trader can be identified
within a reasonable period of time and the user prefers not to
choose another use for the voucher, we will refund the giver but
such shall be the full and final extent of our liability both to
the giver and the user in this respect.
Flexibility of vouchers
Standard paper vouchers may be used against any gift offer.
While givers can make recommendations as to how the user might use
the voucher, these cannot be made absolute conditions of use by the
user and it will always remain the choice of the user as to how the
voucher is ultimately expended. "E-vouchers" are not flexible
and may only be used against the gift offer specified on the
voucher. Where a recommendation on use of the voucher has
been specified, traders will fulfil vouchers at the price current
at the time of issue of vouchers for 365 days from time of
issue. Where vouchers are used flexibly, they will be
redeemed at the traders current prices.
Unavailability of Services
Obviously circumstances may arise where a trader is no longer
able to provide trader services, for example illness, loss or
breakdown of equipment or simply choosing or being required to
cease trading. Whatever the reason and whether or not this arises
through circumstances outwith our or the traders' control, neither
we nor the trader accept any liability whatsoever for any trader
services no longer being available.
Non Endorsement of Traders
We rely on your feedback (see feedback terms below) and other
third party recommendations in determining which traders are to be
listed for participation in the voucher services. Accordingly, we
do not "vet" traders as such on your behalf and so you must
understand we are not endorsing the suitability or capability of
any trader to perform the trader services nor should any such
endorsement by us be implied simply on account of any trader's
inclusion in our participation lists. Nor can we guarantee to
introduce to you any trader for any particular trader services in
any particular geographical area. Nothing in your dealings with us
or in your or our dealings with any traders shall imply or be
interpreted as a partnership relationship between or among any of
On our website we have made arrangements to receive and publish
comments and recommendations (or otherwise) in respect of the
trader services (feedback). These arrangements in
services such as ours are important and those of you who provide
feedback should always be aware that others will rely heavily on
their content and so will depend upon you to act responsibly and
fairly in composing feedback. These are further terms relating to
- Your feedback must not, be false, inaccurate or misleading,
offensive, menacing, abusive, defamatory, or in breach of
copyright, confidence, privacy or any other rights.
- Your feedback must not infringe any copyright, patent, trade
mark, trade secret or other proprietary rights or any rights as to
privacy, be fraudulent, be in breach of any laws or regulations,
contain viruses or the like, be obscene, indecent or
- In so far as your feedback fails any of these requirements, you
will indemnify us against all liability including costs and
expenses to any person seeking compensation of any description from
us as a result.
- You agree not to impersonate any other person.
- Your feedback must not contain any link, by reference or
hyperlink, to any other website.
- You must not use feedback as a means of marketing or
advertising any other product or activity.
Be aware at all times that the content of your feedback is not
like, say, a private letter or email to a restricted audience but,
in theory at any rate, is a publication to the world. Take care.
You had the experience and you are describing it. Only you can be
responsible for its content. It also follows that any opinion or
belief expressed in your feedback is not our opinion or belief. We
shall not be liable in any way for the inaccuracy, unfairness or
any other aspect of feedback.
Accordingly, you will understand that we do not represent that
any published feedback is accurate, verified, current,
comprehensive or complete. We are not the authors. The feedback
could contain inaccuracies, typographical, human and/or machine
errors or omissions. We will not be liable in any circumstances for
any direct, indirect or consequential losses or damages arising out
of your use of our services, the trader services, the website or
anything you did which proceeded in reliance of the content of the
feedback. For these reasons users of the website and of our
services should neither rely, nor act upon any of the information
contained within the website including the feedback and any of you
who do will do so entirely at your own risk.
We reserve the absolute right to publish or not publish any
feedback. Our policy, however, would only be to withhold feedback
if we perceived there were a danger in publishing, either to us or
to you - or both of us. Unfortunately, we must be the sole
judge of this and our decisions in this respect will be final. We
will have the right to amend any feedback to the extent it breaches
any condition of these terms and with regard to bad language,
presentation, spelling and grammar.
If you have a complaint about our services then you should raise
it promptly with us. We will do everything we can to resolve it. If
you have a complaint about any trader services you should ideally
raise the matter firmly and politely with the trader on the day or
otherwise directly with the trader as soon as possible after the
provision of the trader services. If you remain unsatisfied please
let us have details in writing of your complaint including your
voucher reference number, the trader in question and any individual
person within the trader organisation you may have spoken to. We
shall do what we can to resolve your complaint. However, please
note you must submit details in writing (email will be fine) as we
must decline to deal with complaints of the first instance by
Our Services Are Not Advice
The contents of this website do not constitute the provision of
any general or professional advice of any nature whatsoever and are
subject to change by us without notification.
Use and Content of Website
We have taken all reasonable steps to ensure the accuracy of the
contents of this website but no warranty is given and no
representation is made regarding the accuracy or completeness of
them. We accept no liability for any losses or damages
(whether direct, indirect, special, consequential or otherwise)
arising out of errors or omissions contained in this website.
The website may not be available on an uninterrupted basis, and no
liability can be accepted in respect of losses or damages arising
out of any unavailability. We accept no liability in respect
of losses or damages arising out of changes made to the content of
this website by unauthorised third parties.
Access to and use of this website is at your own risk and
we do not warrant that the use of this website or any material
downloaded from it will not cause damage to any property, including
but not limited to loss of data or computer virus infection.
We include links to other websites which are hosted and
maintained by third parties. We have no control over the
content or security of any such site. If you link to
these websites, you do so at your own risk, and we make no
representations regarding the content of any such
website. We cannot be liable for any loss or damage
which may arise from the use of such third party websites.
This clause deals with use of information concerning you for the
purposes of Data Protection -
Your information may be held on a database and used by us for
the purposes set out in this clause. Your information
includes any information which we hold, now or at any time in the
future and which comes from, or relates to application forms or
other dealings with us (including feedback), traders, or third
parties such as credit reference agencies.
We may use, analyse and assess your information to maintain and
develop our relationship with you for these purposes: gaining
feedback on the quality of our services and trader services,
operating and administrating those services, processing credit and
debit card transactions, money laundering checks, compliance and
regulatory reporting and fraud prevention, helping us and our
service providers to identify products and services which may
interest you (unless you have asked us not to) and helping us and
the traders to understand and develop our and their businesses,
including any new products and services.
We do not disclose your information to anyone other than for the
purposes set out immediately above or where we have your separate
consent, where we are permitted or required to do so by law or to
relevant credit reference and fraud prevention agencies.
Copyright and all other intellectual property rights in this
website are owned by us except where provided otherwise. All
rights, save as expressly granted, are reserved. Reproduction
in any form of any part of the contents of this website without our
prior written consent is prohibited unless for personal use
Exclusion of Liability
Nothing in these terms shall exclude or restrict liability for
death or personal injury as a result of the negligence of any
person but you agree that, except for death and personal injury
arising from such negligence, we shall not save as otherwise
provided in these terms be liable for any loss or damage whatsoever
arising from or in any way connected with our services.
Each of the paragraphs of these terms may be construed
separately and independently of the others. The paragraph headings
are for convenience only and do not form part of the terms.
These terms are governed by the Law of Scotland and any dispute
regarding this website or these terms shall be subject to the
exclusive jurisdiction of the Scottish courts.