Purchaser and User Terms and Conditions

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 voucher services.

You must advise the trader you intend to pay by way of voucher prior to the provision of the services because the trader has to complete a verification process. If you fail to advise the trader beforehand the trader may decline to accept the voucher in payment.

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

The vouchers are valid for a period of 270 days from the 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, 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. 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 such voucher.

Only the original voucher will be accepted; copies are not acceptable. Defaced or damaged vouchers will not be accepted.

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. You should note however that 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.

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 us.

Feedback

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 feedback -

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 pornographic.
• 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.

Complaint

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 telephone.

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.

Data Protection

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

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 only.

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.

General

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.

Governing Law

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.