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 use the website in any way and must not browse, read, or interact with the webiste. By using the website you are agreeing to the clauses on this webpage.
"Use of Website Terms" shall mean the clauses and details in this webpage/document and relate to Terms and Conditions of the Use of this website
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 combined with the Terms and Conditions for Supply of Service 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 or sending a gift card to us, indicates that you have read and accepted these terms and conditions inclusive of Clause 1 to 34.
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 If membership has been revoked, we reserve the right to refuse application or readmission as a member.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 2015-2023 remains in force.
We store data you typed into our website, and save emails and messages you sent to us through email and our chat facility. We also collect information on the device you use in order to correctly format a web-page, and assist in anti-fraud activity if we have reason to suspect somebody is using your device or account for fraudulent purposes.
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 to verify your mobile number, or to complete due dilligence, or we are legally obliged to do so, or you have been involved in a transaction where fraud was committed. We maintain customer confidentiality until there is overwhelming evidence or legal obligation, and we always inform the customer before passing any details to the authorities unless the authorities have forbidden us from doing so.
This list below explains how your data is processed...
Delivery address is printed onto envelopes when dispatching physical gift cards and vouchers.
Mobile number is passed to a third party gateway to send a confirmation SMS message.
Email address is passed to a third party processor like Mailchimp for sending out newsletters. Every newsletter has an opt-out link, and using the opt-out link will remove you from all future marketing and promotion emails. Declining opt-in or using the opt-out link does not preclude you from receiving non-promotional newsletters such as details on new features. To stop all emails, use the Cancel my account button detailed in clause 16 below.
Bank Account number is passed to our bank to make payments.
Credit Card details are passed to our payment processor who are PCI DSS approved to the highest level of compliance. We do not store any credit details, but do store tokens which are unique to your credit card.
Bank Account number, billing address, email address, telephone number, data from driving licence and other forms of ID are sent to our trusted credit reference agency. For more information see due dilligence.
We integrate Google Analytics and Google Ads who will also install a cookie on your device. To find out how Google use cookies on your device and use your personal data they collect when you use this website, click here to view Google's privacy policy.
We also integrate other third parties who may install a cookie and gather your personal data. For more information our Cookie Policy can be found here.
16
Privacy Policy and how to request data deletion. We store your information whilst you are a user. You can request data deletion by cancelling your account at which point all data held on you will be deleted. To cancel your account, use the Cancel my account
button on your
My Account page. We will not accept requests in any other way to cancel your account. If your account is cancelled, either by you or after a period of inactivity, your personal data will either be deleted within 24 hours, or scrambled for anonymity and will become unavailable for our use, other than required by law and binding greements including but not limited to information on sale and purchase and for anti-fraud efforts, as follows:
If you have never transacted with us (bought or sold gift cards) you data will be deleted within 24 hours and the rest of this clause is not attributable to you.
If you have transacted with us your data will be scrambled for anonymity on our internet server, and held in our accounting system for purposes of sale and purchase agreements.
18 months after cancellation, account data unrelated to financial transaction and anti-fraud efforts will be destroyed. If your account is inactive for a set period, you will be informed that it will be cancelled, and after a period pending cancellation, it will be cancelled.
17
Privacy Policy and sale of anonymised data. Subject to clause 15, 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, Data Protection and GDPR. Under the General Data Protection Regulation (GDPR) 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 GDPR, send an email to support@cardyard.co.uk with subject "GDPR data access request". After receipt of request, we will send you a link to a page on the website where you confirm your request. We will provide the data within the required timeframe from confirmation, which is currently 1 month. We do not accept requests any other way. We are registered with the Information Commissioner's Office (ICO) who enforce GDPR and the Data Protection Act. You can find our registration on their search page https://ico.org.uk/ESDWebPages/Search
19
Clauses 19-42 relate to "Supply of Service Terms" and should be read in conjunction with the clauses on this webpage as all clauses together constitute the whole agreement between us.
