Terms and Conditions

DEFINITIONS:

    1. “Givvit” is a mobile application and web based platform (the “App”) that enables used 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 platform.
    2. “Givvit for Business” is the Service (“Service”) that provides access to the App for business customers (“Customers”) to send Treats. “Recipients” are the users who then receives the Treat via Givvit.
    3. Treat purchases via Givvit for Business by a Customer are detailed in an Order (“Order”) which is generated and agreed to by the Customer and forms part of these Terms & Conditions.
    4. An Order is any Treat purchase activity sent through the App on behalf of a Customer.
    5. Givvit & Givvit for Business are produced by and are the property of Startled Frog Limited (“SF”), a company incorporated in England with company number 07983137. Our registered office is at Unit 2A Vista Place, Coy Pond Business Park, Ingworth Road, Poole, Dorset, United Kingdom BH12 1JY. 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:

    1. Treat purchases on Givvit for Business 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.
    2. When Treats are redeemed by Recipients via the App they are be bound by our standard Terms and Conditions, the applicable IOS or Android End-User License Agreement & Policies on Privacy, Data, Cookies and Marketing which all apply their use of the Givvit App as individuals. These agreements are between SF and the Recipient and not part of these Terms and Conditions. In the case of conflict between the aforementioned agreements and these Terms and Conditions, the Givvit for Business Terms and Conditions shall take precedent.

 

TREATS & PRODUCTS:

    1. The Customer acknowledges and agrees that SF shall provide the Treats in accordance with the Treat Terms and the Order.
    2. The Customer acknowledges and agrees that SF shall at all times act solely as a distributor of Treats. In no event shall SF issue any Products. All Products shall be issued directly from the SF Retailer to the Recipient.
    3. The Customer acknowledges that the a redemption voucher or code shall enable Recipients to redeem Products from SF Retailers and that Recipients do so on the terms and conditions issued by the SF Retailer from time to time.
    4. SF makes no representation or commitment and shall have no liability or obligation whatsoever in relation to the redemption of Products from the SF Retailers, and any contract entered into by the Recipient with any such SF Retailers. Any contract entered into and any transaction completed with a SF Retailer is between the Recipient and the relevant SF Retailer, and not SF.
    5. SF is facilitating the issue of redemption vouchers and codes but in no circumstances is SF (i) responsible to the Customer for any failures of the SF Retailers; or (ii) responsible to the User for any failures of the Customer or the SF Retailers.
    6. Please note that with regards to the “Charity” Treats, the Customer 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.
    7. 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].
    8. 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.

 

TREAT PURCHASES:

    1. Treats can only be processed upon receipt of a completed Order and Payment on the terms agreed between SF and the Customer.
    2. Once a customer order has been processed, a Treat notification or a Treat code will be sent to the Recipient by email and/or mobile phone (depending on the choice you make in the Order) 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. Incorrect details will lead to a Treat not being received by a Recipient and in such circumstances SF is not liable to refund any payment made.
    4. We cannot send alcoholic Treats to any Recipient who is under the age of 18 years.
    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.

 

REDEMPTION OF TREATS

    1. 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
    2. Unless expressly stated otherwise:
      • A Treat can only be activated and redeemed once;
      • A Treat can only be redeemed with the specified retailer or Treat Partner and not with Givvit or SF;
      • A Treat is valid for one person only (the Recipient); and
      • Recipients must follow the redemption instructions associated with the Treat when they a) activate the Treat and b) redeem the Treat with the specified retailer or Treat Partner.
    3. In order to redeem a Treat the Recipient must activate it within 12 months of purchase (the “Activation Period”) to obtain their voucher or code. They must present this voucher or code to the specified retailer or Treat Partner before the voucher or code expires. If they do not activate the Treat within the Activation Period, the Treat expires automatically. It cannot be activated or redeemed anymore and neither the Customer 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.

 

CANCELLATION & REFUND POLICY

    1. Once an Order has been processed, Givvit has completed its services to the Customer in full and the Treats have been purchased and no refund can be made.
    2. 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.
    3. 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. A treat will automatically expire 12 months after being purchased, unless it has been activated within the 12 month Activation Period
    5. If you wish to change or amend an order please contact us at support@givvit.com or contact your Givvit Account Manager.
    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.

 

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.
    2. 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.
    3. 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.
    4. 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.
    5. This Disclaimer section sets forth SF’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.
    6. The customer is fully responsible for and SF has no liability for any personal or corporate taxation obligations arising from the use of Service.
    7. 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.
    8. 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 the use or inability to access Givvit for Business, the App, our website and/or the Givvit service, whether arising in contract, tort (including negligence), under statute or otherwise.

 

PROPRIETARY RIGHTS

    1. All trademarks and registered trademarks included with the App & Service are the property of their respective owners.
    2. All Intellectual Property Rights in the Services, the Givvit Platform, all supporting documentation, Givvit trademarks , SF Retailer trademarks, together with any goodwill in or attaching to them, shall be the property of SF or SF Retailers, as applicable
    3. The Customer is not granted any Intellectual Property Rights or any other rights or licences in respect of the Givvit App, Platform or Service.

 

GENERAL

  1. These Terms and Conditions relating to Givvit for Business were last updated on 1st August 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]
  2. Customers will be bound only to the version of the Terms and Conditions you agreed to at the time of Treat Purchase.
  3. It is your responsibility as a Customer to review the Terms and Conditions on each occasion you use the Givvit for Business service.
  4. 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.
  5. 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.
  6. SF 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.
  7. 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
  8. 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.
  9. No part of Givvit may be reproduced, stored or transmitted in any form or by any means without the written approval of SF. It is acknowledged that all trademarks and trade names mentioned on Givvit are the property of their respective companies/owners.
  10. 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 or your Givvit for Business account manager.