Terms and Conditions

Terms and conditions of use, incorporating Supply of Services and the Privacy Policy

Summary

By using this site you are agreeing to comply with and be bound by the clauses detailed here. If you do not agree, you must not obtain goods, services or products from this site. If you buy or sell on this site and are dishonest, you will allow us to reclaim any money paid to you plus legal fees.

Definitions

"Site" shall mean the website www.cardyard.co.uk

"Terms and Conditions of use" shall mean the clauses and details in this webpage/document and are synonymous with "Agreement"

"Us/We" shall mean Cardyard Ltd and any representative, employee, agent, affiliate or officer thereof. Us/We does not include you, nor a member nor a user of the website.

"Member" shall mean you, following the joining of this site by registering your details for the purposes of logging in.

"Privacy Policy" is defined in clauses 15 through 18 and protects members.

Clauses

  • 1

    Acceptance of Terms and Conditions of use. By using the site you agree to the terms and conditions outlined in the clauses and detail on this webpage. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior agreements with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. Additionally, completing a purchase on our site indicates that you have read and accepted these terms and conditions.

  • 2

    Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Clause 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

  • 3

    Fraud. By becoming a member, you confirm that the information you provide is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by us in our sole discretion. If membership has been revoked, we reserve the right to refuse application or readmission as a member.

  • 4

    Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicence, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use and not for resale or redistribution.

  • 5

    Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.

  • 6

    Indemnification. You agree to indemnify, defend and hold us harmless from any liability, loss, claim and expense, including reasonable legal fees, related to your violation of this Agreement or use of the Site.

  • 7

    Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.

  • 8

    Disclaimer. The information provided on this site has been gathered by us using reasonable endeavour. Information and services may contain errors and bugs, problems or other limitations. We have no liability whatsoever for your use of any information or service. In particular, but not as a limitation, we are not liable for any indirect, special, incidental or consequential damages including damages for loss of business, loss of profit, litigation or similar, for whatever reason. No advice or information obtained by you from us through the site shall create any warranty, or representation of guarantee not expressly stated in this agreement.

  • 9

    Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use this site. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.

  • 10

    Lapsed Accounts. In order to keep the site membership register current, if a Member does not access his or her account for a period of 90 days or more, and has a nil balance in their Cardyard Account, we may, at our sole discretion, terminate such Member's account. We will endeavour to notify a Member of our intent to terminate such Member's account by notice to such Member's provided email address at least 20 days prior to deactivation. If the Member fails to respond to such email notice with 10 days after the day it is sent by us, such Member's account will be terminated as noted above. Therefore, we strongly recommend that all Members keep their accounts and contact data current and in use. While we desire to prevent active accounts from being terminated prematurely, we have no obligation to maintain accounts that appear to have been abandoned. Each Member agrees that failure to access his or her account for 90 days or more, conclusively indicates that such Member's account has been abandoned and that the account may therefore be terminated.

  • 11

    Verify Members' Address. We reserve the right to contact a Member via email to verify the accuracy of account information (including the Member's correct name and address) that is needed to provide the Member with the information he or she requested from us.

  • 12

    Submissions. All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.

  • 13

    Links to Other Web Sites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

  • 14

    Use of Information. We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

  • 15

    Privacy Policy. Our privacy policy covers members of this site, and to be protected by the privacy policy, you must be a member. Our Privacy Policy may change from time to time and is a part of this Agreement. We will never sell data that identifies you, provided you became or shall become a member whilst this policy is in force, and ownership of the site in 2015 remains in force. Any personal data we gather and hold is for our own use and will not be passed to a third party unless necessary to provide a service (such as delivery), or we are legally obliged to do so, or you have been involved in a transaction where fraud was committed. Our Cookie Policy can be found here.

  • 16

    Privacy Policy and persistence of data. If you cancel your account, all your personal data will be destroyed and will become unavailable for our use or sale, other than required by law and binding agreements. We may also keep a record of benefits received under such promotions as "the Launch Club" to ensure fair play.

  • 17

    Privacy Policy and sale of anonymised data. We may sell or trade data to third parties, but this data will not contain facts that can identify you as an individual, either directly, or through aggregation of data as foreseen.

  • 18

    Privacy Policy and Data Protection. Under the Data Protection Act you have a right to access a copy of the information comprised in your personal data. To exercise this right or any other rights under the data protection act, send an email to support@cardyard.co.uk with subject "Data Protection Act".

  • 19

    Payments. You represent and warrant that if you are purchasing something from us or from our Agents that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honoured by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any delivery fees and applicable taxes.

  • 20

    Cardyard Account. The balance in your Cardyard Account is guaranteed by us, but is not covered by the FSA or any other regulator. You can spend your Cardyard Account balance at any time by buying a gift card. If you decide to close your Cardyard Account, you should first clear any funds in your Cardyard Account by purchasing gift cards. Alternatively, when you close your account you can donate the balance in your Cardyard Account to charity provided you make clear instruction to do so.

  • 21

    Billing and Delivery Errors. We reserve the right to cancel an order partially or completely for items that are out of stock or for items that were omitted by our dispatcher. If an item was omitted, we will consider re-sending the missing item at no cost to the buyer. Re-sending the item is at our sole discretion. If we do not dispatch the omitted item, we will refund the buyer for that portion of the order within 72 hours. If we sent additional cards or a card of greater value, the buyer accepts responsibility to notify us of this error within 7 business days. We will provide a free postage label for the buyer to return the card. If the card is not returned, we reserve the right to charge/bill the buyer for the remaining balance.

  • 22

    Cancellation and Return Policy You may cancel your purchase up to the point of dispatch. by using the "Cancel" button from the order within the My Accounts Buy History page. Once an item is being prepared for dispatch, it can no longer be cancelled. If you cancel before dispatch no money will be taken from your payment method, or if money was taken it will be refunded.

  • 23

    Delivery Policy. We will deliver your order by royal mail 1st class, or by email. As an additional paid-for service, you can choose signed-for and special delivery at the checkout. Signed-for delivery ensures the letter is handed to somebody, and special delivery provides insurance and guaranteed next day delivery from dispatch. We edeavour to dispatch the same or next working day, and you will be informed by email if we were unable to send your item within this time. We reserve the right to dispatch the order up to seven business days from purchase. The free delivery option provides no tracking or insurance and we keep our own proof of postage records. If you did not pay for an additional tracked service we shall be absolved of all liability for delivery once we have dispatched the item, though of course we will do what we can if the order does not arrive. All tracked postal deliveries must be signed for. If you are not available to sign for your order it will be returned to the royal mail delivery depot and you must arrange for re-delivery or collection. For tracked orders, we will provide a tracking number as proof that the order has been dispatched. No further proof is required. The tracking number will show when the item has been delivered. Once the tracking information declares the package to be delivered we shall be absolved from all claims of non receipt even if postal insurance has been selected. We bare no responsibility for delivery unless you selected and paid for insurance at the point of purchase.

  • 24

    Goods Not As Described 42 Day Return Policy. If a gift card turns out to be a fraudulent card and is cancelled by the shop or if there is any other balance discrepancy, you must contact us within 42 days of the purchase. We will then investigate the matter. If we determine that the balance discrepancy was not a result of your use of the card, we will either replace the card or refund the purchase. Prior to receiving a refund or a replacement, you must return the purchase to us through the royal mail signed for service. We will only honour returns that fall into this category for claims made within 42 days of the purchase. The claim must be emailed to sales@cardyard.co.uk. Please keep a copy of the time stamp and submission for your records. We will include your cost of postage in the refund or replacement. After 42 days, we shall not be responsible for any balance discrepancy or cards cancelled by a shop.

  • 25

    Payment for your items three weeks from validation. We guarantee to pay you the promised amount for your gift card within three weeks of validating the same. We must be in possession of the gift card before we begin the validation process, and receipt of your gift card does not constitute commencement of validation. If it is not possible to validate your gift card, we will endeavour to make payment within four weeks of receipt, but there is no guarantee to do so.

  • 26

    Right To Refuse An Order. We reserve the right to refuse any order placed. Additionally, if there was a mistake in the price of an order or coupon applied, we reserve the right to notify you to pay the difference or cancel the order. We reserves the right to cancel the order at anytime.

  • 27

    Proper Law and Jurisdiction. This agreement shall be governed and construed in accordance with the laws of England and Wales. In the event of a dispute arising which the parties are unable to settle amicably they agree to submit to the non-exclusive jurisdiction of the English courts.

  • 28

    Sell and Exchange. The following terms apply to you when you use the Sell section of the site to sell your gift card for cash or for an exchange value. When you transact and sell your gift card(s) to us you agree that as a condition to receiving payment you consent to authorise us to withdraw or charge-back your method of payment should we determine at any later time that the gift card(s) sold were acquired fraudulently or whose balance has changed from the time the original transaction has taken place and we determine this balance depletion to be a result of your use or the use of an affiliated party, or due to an expiration date/merchant inactivity fees which occur earlier than the expiry date you stated, unless impacted by a change in merchant/issuer terms & conditions subsequent to the transaction. If you supplied us with a credit card number, you authorise us to charge the applicable amount to the card. If we are not successful in charging back the method of payment, or charging your credit card, you are personally responsible to issue a full refund to us. If no refund is issued, we reserve the right to collect reimbursement with any other methods sanctioned by the law. If legal actions are required to collect reimbursement, you will be responsible to additionally reimburse us for any legal fees incurred.

  • 29

    Promotional and Expiration Date. We do not accept gift cards that are promotional, have any restrictions, or have an expiration date within 3 months.

Version 1.3, September 2015