Terms of Service
General
Policy last updated: 9th July 2019
These Terms of Service (“Terms”) are a legal agreement, between you and Givta Limited and its group companies ("Givta", "We", "Us", "Our") enabling governance of access to and use of the services including but not limited to the website ("Website") "www.givta.com", "www.givtag.com" and all related subdomains. By accessing the Website or use of any of the Givta Services, it is important that you carefully review the these Terms and Privacy Policy as they form the entire agreement between us to which you agree to be bound by.
Definitions
  • "Account Limit" - the financial restrictions placed on a Users Givta Account based on AML or security
  • "Anti Money Laundering", "AML" - the legal controls that require regulated institutions to prevent, detect and report money laundering activities
  • "Buyer" - a User that uses a Service to purchase Products from Sellers
  • "Cash Account" - portion of the Givta Wallet balance that exists due to Fund Loading
  • "Company Reward Scheme", "CRS" - a corporate program designed to enable employee incentives
  • "Customer Due Diligence", "CDD" - Steps taken to identify your Users and checking they are who they say they are
  • "Cleared Funds" - A balance in an account that is able to be used in financial transactions
  • "Conditions" - representing these terms and conditions
  • "Cookies" - small amount of data generated by the Website which is saved onto your computer to store site preferences and identification information
  • "E-Money", "Electronic Money" - money that exists only in computer systems and is not held in any physical form
  • "EMI" - Electronic Money Institution providing E-Money services
  • "Funds" - monies held within the Givta Wallet as E-Money
  • "Fund Loading" - process of adding money into the Givta Wallet Balance via a Payment Gateway
  • "Gift Account" - portion of the Givta Wallet balance that is accumulated via Direct Gifting or P2P Payment
  • "Givta Wallet" - the e-money account that is assigned to you upon your completion of you Website registration
  • "Givta Wallet Balance" - cumulative balance of all User funds held within the Cash Account and Gift Account
  • "Merchants" - partnered shops with Products available for purchase
  • "P2P Service" - service permitting use of the Givta Wallet balance via a P2P Payment
  • "P2P Payment", "Peer to Peer Payment" - a payment that is initiated to another User through the P2P Service that debits the Cash Account balance of the Sender and credits the fund of the Recipients Gift Account balance. P2P Payments can only be used between Users and not for Product transactions directly
  • "Payment Gateway" - an e-commerce service providing authorization and financial payment from credit card / debit cards
  • "Personal Information" - details provided by you on registration and during use of the Website
  • "Product" - a product that is displayed for sale on the Website
  • "Retail Services" - services provided via the Website enabling the User to purchase various Products.
  • "Sellers" - Merchants including Givta themselves who provide Products directly via the Website
  • Settlement Period - length of time between processing payment through Payment Gateway and Funds being available to spend
  • "Service(s)" - products and services described in these Terms of Service that are or facilitate (i) Social Network Services (ii) the Givta Wallet, (iii) Retail Services (iv) Peer to Peer Payments
  • "Social Content" - data in multiple media formats provided either directly via the Service or indirectly via third party Social Network Services
  • "Social Network Services" - services provided via the Website enabling social interaction between Users
  • "United Kingdom" - The collective representation of England, Wales, Scotland, Northern Ireland and the Channel Islands
  • "User" - you as the participator of the Website
  • "Users" - the users of the Website collectively
  • "We", "Us", "Our" - Givta Limited
  • "Website" - the website provided by Givta including www.givta.com, www.givtag.com and associated subdomains.
  • "You" - the user of the Website
  • Introduction
    Givta Limited is a registered company in England and Wales under registration number 07623803 and our address is 320 Cambridge Science Park, Cambridge, UK, CB4 0WG. Givta is registered with the Financial Conduct Authority under registration number 900114 in order to provide financial services that enable the P2P Service associated with the Website gifting functionality. Should you have an questions regarding these terms, please contact us.

    The Service that Givta provides creates a rich social environment focused on the process of gifting between Users and to enable this the Service will not only provide the functionality to post original Social Content but to also link content externally via third party Social Network Services to increase the sharing experience further. However the User must accept full responsibility for all data that is posted directly and indirectly and the consequences thereof.
    Acceptance
    You accept these Terms of Service by; (a) clicking to accept the Terms of Service, or (b) for existing users actually using the Service, You understand and agree that We will treat Your continuing use of the Service as acceptance of the Terms of Service from that point onward's for each user of the Service.
    Changes
    In order to evolve the Service experience of the Website, Givta reserves the right to add, remove or change functionality of the Website which may also result in some previous features becoming inaccessible without prior warning. You therefore understand and agree that You will be deemed to have accepted any and all subsequent changes to the Terms of Service unless You notify Us immediately of any objections on being presented the amended documented changes.
    Registration
    Signing up as a User
    During the process of registration to the Service, You are creating a Social Network profile that has an associated E-Money Givta Wallet which enables Peer to Peer Payments between Users as a mechanism for gifting. Givta will reserve the right to request additional information during the usage of the Service to facilitate additional functionality but only when that data is specifically required. The Service is only available to Users aged 13 or above and any misrepresentation of this or any other User information during sign up could later result in the suspension or termination of the Users account pending an investigation.
    Passwords
    It is the responsibility of the User to safeguard the password used during registration and on going access of the Service and will always encourage Users to use strong unique passwords that are not associated with any other Website Service. It is imperative that the User never reveals the Account password, nor use anyone else's password. Givta accepts no responsibility for losses incurred by the User including, without limitation, the use of the Account by any third party, arising as the result of misuse of passwords.
    Due Diligence
    Givta will collect data from the User during the registration process that will specifically be used to uniquely identify them and preform standard verification of data utilising third party identification services. There will be circumstances due to money laundering regulatory requirements when Givta will be required to carry out enhanced Customer Due Diligence (CDD) with additional identification information supplied by the User (for example driving license or passport), however should this arise the User will be contacted and helped with this process at the earliest convenience for all parties. Givta reserves the right to decline registration of a User based on the due diligence process; (1) should the data be inexplicably unverifiable (2) fail third party PEP & Sanctions filtering (3) should the data be deemed fraudulently misrepresented.
    Givta Wallet
    Your Funds held in the Givta Wallet is separated into two accounts; (a) Cash Account and (b) Gift Account with specific restrictions on how these funds can be loaded, moved and spent.
    Fund Loading
    Monies are loaded directly into the Cash Account portion of the Givta Wallet via the Websites Payment Gateway with the minimum loading amount set at £10 and the maximum amount dictated by the Users Account Limits. Funds loaded are instantly available to be used for use with the P2P Service, however unavailable for purchases until after the Settlement Period and Givta has indicated the payment as Cleared Funds. The Settlement Period can vary due to payment method used or day of the week the transaction occurs and Givta takes no responsibility if the settlement process takes longer than standard settlement time frames and Users Website functionality is affected. Should the Funding Loading process be declined for any reason, Givta will remove any corresponding E-Money from the Users Givta Wallet and cancel any P2P gifts made possible due to the Fund Loading.
    Peer to Peer Services
    You can gift other Users via a Peer to Peer Payment, with the minimum amount set as £1 and the maximum amount dictated by either the total Funds held within Your Cash Account or the Account Limit imposed on your account, however the gifted E-Money will be unavailable for purchases by receiving User until the Settlement Period indicates Cleared Funds. You are limited to only using Funds residing in the Gift Account via Our online voucher store and will not be available for use as Funds for P2P gifting. Funds will also only be available to spend when You have accepted the gift, at which point the P2P transfer will be marked accepted and released into your Gift Account total.
    Loading Fees
    You are not subject to fees when adding Funds to your Givta Wallet should the loading be successful however should the payment fail due to a problem occurring with your payment method then Givta reserves the right to apply a failed transaction fee of £1 per instance.
    Refund Policy
    Givta Wallet Fund Loading is regarded as a money deposit therefore any refund is treated as a redemption and subject to discretionary application of the standard redemption fees and not subject to the 14 day cooling off statutory period. A refund will only be possibly should the full deposit amount remain available in the Users Cash Account and not utilised for a Peer to Peer transaction. The returned funds will only be processed back to the payment card that was used during the Payment Gateway process with a time frame of no more than 30 days.
    Redemption Fees
    Should You choose to receive funds from Your Givta Wallet directly in the form of a redemption instead as a purchase from our online voucher store, You will be subject to a redemption fee of 10% of the redemption value in order to cover Givta's costs for carrying out such process, which can take up to 30 days to complete. It is Your regulatory right to redeem Your Funds in such a manner, however Givta will consider this as a demonstration that You are unwilling to use Givta's Website Service as a gifting facilitator and therefore We reserve the right to immediately cancel your contract and access to Our website. Your Givta Wallet will then be made a dormant account and where appropriate be subject to additional associated dormant fees until You redeem the balance, for which will also result in additional redemption charges. Should You then decided to reopen your Givta account, We reserve the right to decline such action or to apply a cumulative £10 fee each time this process occurs.
    Retail Purchases
    Gift Card and Vouchers
    Users can use purchase digital Gift Card and Vouchers from the Givta Voucher Store by using all Funds available in the Givta Wallet which is defined as the combination of (a) Cleared Funds in the Users Cash Account and (b) Accepted Funds in the Users Gift Account. Should a User wish to purchase a voucher of greater value than the Funds available in the Givta Wallet, additional funds can be added to the Cash Account via the Givta Payment Gateway to facilitate this additional requirement.
    Refund Policy
    Voucher purchases made via the Websites online voucher store are subject to the Terms and Conditions of the voucher themselves. Therefore any refund request are to be made to the voucher supplier directly and not via Givta as the voucher itself is considered as near money and the point of purchase is where Givta's liability ends. Each vouchers terms and conditions can be easily found on it's corresponding page on the Givta voucher store page our on the supplied receipt received on completing your purchase.
    Use of Service
    Service Limitations
    The Service provided by Givta is that of an Electronic Money Institution facilitating the Peer to Peer payment for the Services gifting functionality. Givta is in no way a banking institution, Issuer or Processor and due to limitations enforced via regulatory requirement, Givta is in no way allowed to provided either credit to it's Users or interest on any funds held with the Users associated Givta Wallet. Givta EMI Services are restricted to the UK therefore in order to use the Givta Wallet functionality of the Website all Users must be a resident of the UK and any misrepresentation of this may result in the suspension or termination of the Users account.
    Account Limits
    Givta have imposed various levels of Account Limits on Users Givta Wallet which specifically affect the amount in which Funds can be loaded, transferred and spent and are either dictated by Anti Money Laundering regulatory requirements or by Givta's own Customer Due Diligence requirements. Givta reserves the right to imposes restrictions on the Users Givta Wallet functionality at any time until certain due diligence requirements are met. Givta will endeavour to make this process as quick and easy as possible, however due to additional information checking processes facilitated by Third Party ID verification companies, there is no fixed time frame for how long the enhanced Customer Due Diligence may take and because of this Givta accepts no responsibility if this negatively affects the Users access to Funds and overall functionality of the Website. The first level enables Users a Givta Wallet combined and historic account threshold of £250 before extra User information may be requested to allow additional Funds to be utilised, until which time all pending payments and transactions will be held. Additional account limit levels will be applied at Givta's discretion based on the Users Website usage analysis.
    Fraud
    Detection and prevention of Fraud within the Service remains the highest priority for Givta, therefore we require all Users to contact the Givta fraud department immediately should they believe their Account has been accessed or used in an unauthorised manner. Should Givta also suspect that a User account has become subject of fraudulent behaviour, Givta reserves the right to suspend the account pending additional investigation in order to protect the User and Givta's exposure to risk.
    Termination of Service
    Givta reserves the right to suspend or completely terminate a Users access to the Service at an time with or without notice, however the User will still remain bound by the these Terms.
    Company Reward Schemes
    Signup Procedure
    A Company Reward Scheme (CRS) Givta Account provides corporate access to the Givta Services for corporate entities, enabling Gifting to company employees. The onboarding procedure is handle by Givta Head Office directly and requires enhanced due diligence checks to be completed before the scheme can be made Active. A CRS must also have at least one scheme administrator that is an active Givta User who has already completed the Givta enhanced Customer Due Diligence process. Should a CRS fail to have at least one suitable Givta User assigned as scheme admin, the CRS will be made inactive and access to Gifting Funds will be restricted until this has been rectified.
    Account Services
    The Company Reward Scheme is provided the Cash Account of the Givta Wallet only, enabling Fund Loading and Gifting while restricting Users from Gifting back to the CRS. Peer to Peer Gifting is only available to corporate employees if they have both; (1) Signed up as a Givta User (2) Accepted the corporate invitation to the CRS (sent via the Givta CRS admin portal). It is the sole responsibility of the Company Reward Scheme administrators to maintain the list of associated Givta Users and restrict access to Gifting functionality. Givta accepts no responsibility for the loss of Funds due to accidental or fraudulent payments to Givta Users.
    Closing Schemes
    As with a regular Givta Account, a Company Reward Scheme Account is subject to the Terms and Fee's as laid out in this document for Givta Users associated with closing and dormant accounts.
    Customer Services
    Complaints Procedure
    In the event of any dispute or problem with the Service please always contact Our Customer Care team in the first instance. In the event that Your query is not satisfactorily resolved, You may lodge a complaint by writing to Us at the address specified on the contact us page for the attention of "Complaints Department". We will also endeavour to reply to Your concern via any and all of Your contact details registered with Us to facilitate the resolution process.
    Ombudsman
    The Financial Ombudsman Service is an independent body that helps settle complaints between customers and firms regulated by the FCA. If we are unable to resolve Your complaint satisfactorily You may qualify to escalate Your complaint to the Financial Ombudsman Service by post, addressing Your complaint to the Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London, E14 9SR, United Kingdom, by telephone on 0845 080 1800 or by e-mail at complaint.info(at)financial-ombudsman.org.uk. The Financial Ombudsman Service's website is www.financial-ombudsman.org.uk. Further information regarding the Financial Ombudsman Service and whether You qualify for this service is available on the Financial Ombudsman Service's website, or can be requested by contacting Our Customer Care team.
    Closing Your Account
    Terms and Fee's
    Should you choose to close your Givta account You may be required to complete an additional Customer Due Diligence process for Anti Money Laundering regulatory requirements that will include verification of banking details to enable any outstanding Givta Wallet Fund transfer which will be subject to these terms redemption fee. If no funds are held in Your Givta Wallet then Your account will be closed immediately with Givta reserving the right to decline should You wish to sign up again in the future.
    Dormant Accounts
    Should Your account have no transactional activity for more than one year Your account will be classified as Dormant and subject to redemption fees at £2 per month until the Givta Wallet totals £10 or less, at which point any residual Funds will be forfeited. Should the account remain dormant for six years, the account will be automatically closed forfeiting any remaining account Funds.
    Legal
    Indemnification
    You agree fully to indemnify, defend and hold Givta and their subsidiaries and other affiliates, and their directors, officers, owners, agents, co-branders or other partners, employees, information providers, licensor's, licensees, consultants, contractors and other applicable third parties harmless immediately on demand, from and against any and all claims, demands, causes of action, debt or liability, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your account or personal information.
    Disclaimer
    THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE SERVICES, ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GIVTA, AND THEIR SUBSIDIARIES AND OTHER AFFILIATES, AND THEIR AGENTS, CO-BRANDERS OR OTHER PARTNERS, MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE SERVICES OR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES. GIVTA DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. GIVTA DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. GIVTA SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS, P2P PAYMENTS OR THE SERVICES.

    GIVTA ARE NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTITUTION INFORMATION, INCLUDING, WITHOUT LIMITATION, WHETHER SUCH INFORMATION IS CURRENT AND UP-TO-DATE. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH INFORMATION IS REPORTED BY THE ISSUER AS OF A PARTICULAR TIME ESTABLISHED BY THE ISSUER AND MAY NOT ACCURATELY REFLECT YOUR CURRENT TRANSACTIONS, AVAILABLE BALANCE, OR OTHER ACCOUNT OR PROGRAM DETAILS AT THE TIME THEY ARE DISPLAYED TO YOU THROUGH THE SERVICES OR AT THE TIME YOU MAKE A PURCHASE OR REDEMPTION. YOU MAY INCUR FEES, SUCH AS OVERDRAFT FEES OR OTHER CHARGES AS A RESULT OF SUCH TRANSACTIONS, PER YOUR AGREEMENT WITH YOUR PAYMENT INSTITUTION, OR YOUR ATTEMPT TO MAKE A PURCHASE OR REDEMPTION MAY NOT BE SUCCESSFUL.
    Limitation of Liability
    IN NO EVENT SHALL GIVTA BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY GIVTA SERVICE, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF THE SERVICES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE GIVTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL GIVTA TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE NET FEES GIVTA HAS ACTUALLY RECEIVED AND RETAINED FROM YOUR VALID TRANSACTIONS DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
    Governing Law
    The Terms of Service that are detailed in this documentation are governed by the law of England and Wales, and is subject to the exclusive jurisdiction of the courts of England and Wales.
    Language Control
    These Terms of Service and all additional information represented on the Website is provided to You in English. If any documentation is translated, it is done so only for your convenience. Therefore all terms, conditions, policies, and documentation herein are subject to definitions and interpretations in the English language and any translation may not accurately represent the information of original representation.