Terms & Conditions

We believe in simple, clear & honest terms. Unfortunately, the legal people prefer it otherwise, so here is (what we hope to be) something between the two ...

The last update to our Terms and Conditions was posted on 12th June 2017.

Introduction

Capitalised terms, unless otherwise defined, have the meaning specified within the Definitions section below. These Terms and Conditions, along with our Privacy Policy, any mobile license agreement and other posted guidelines within our Website, collectively "Legal Terms", constitute the entire and only agreement between you and Koan Adventures and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.

By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.

1. Definitions

The terms "us" or "we" or "our" refers to Koan Adventures, the owner of Gift Up!.
A "Visitor" is someone who merely browses our Website, but has not registered as a User.
A "User" is an individual that has registered with us to use our service.
Our "Service" represents the collective functionality and features as offered through Gift Up! to our Users.
All text, information, graphics, audio, video and data offered through our Website are collectively known as our "Content".

2. Privacy Policy

Unless required to do so by law, we will not otherwise share, sell or distribute any of the information you provide to us without your consent. By registering as a User on the Website, you consent to the collection, use and transfer of your information under the terms of this policy.

2.1. Information we collect from you

When you visit or register on giftupapp.com, you may be asked to provide certain information about yourself including your name, contact details and credit or debit card information.

We may also collect information about your usage of our Website as well as information about you from messages you post or send to us via email, Twitter etc.

2.2. Use of your information

Your information will enable us to provide you with access to all parts of our Website and to supply the services you have requested. It will also enable us to bill you and to contact you where necessary concerning your Gift Up! account. We will also use and analyse the information we collect so that we can administer, support, improve and develop our business.

In particular, we may use your information to contact you for your views on our Services and to notify you occasionally about important changes or developments to the Website or Services. Furthermore, where you have consented, we might also use your information to let you know by email newsletter about other products and services we offer which may be of interest to you. You can cancel subscription to this at any time by contacting us at hello@giftupapp.com.

2.3. Disclosure of your information

The information you provide to us may be accessed by or given to third parties, some of whom may be located outside the European Economic Area, who act for us for the purposes set out in this policy or for other purposes approved by you. Those parties process information, process credit card payments and provide support services on our behalf. We may also pass aggregate information on the usage of our Website to third parties but this will not include information that can be used to identify you.

Finally, if our business enters into a joint venture with or is sold to or merged with another business entity, your information may be disclosed to our new business partners or owners.

Countries outside the European Economic Area do not always have strong data protection laws. However, we will always take steps to ensure that your information is used by third parties in accordance with this policy.

Unless required to do so by law, we will not otherwise share, sell or distribute any of the information you provide to us without your consent.

2.4. Cookies

Cookies are small amounts of information which we may store on your computer.

Unless you have indicated your objection when disclosing your details to us, our system will issue cookies to your computer when you log in to the site. Cookies make it easier for you to log in to and use the site during future visits. They also allow us to monitor website traffic and to personalise the content of the site for you. You may set up your computer to reject cookies by following the relevant instructions which can be found at www.aboutcookies.org. In that case, you may not be able to use certain features on our site.

2.5. Security and data retention

We employ security measures to protect your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage. We will retain your information for a reasonable period or as long as the law requires.

2.6. Accessing and updating

You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please contact us at hello@giftupapp.com. We are entitled by law to charge a fee of £10 to meet our costs in providing you with details of the information we hold about you.

2.7. Changes to our privacy policy

Any changes to our privacy policy in the future will be posted to the website and, where appropriate, through email notification.

3. Pricing Policy

We don't have any crazy pricing, only a flat fee of 3.49% per order. This includes VAT where applicable, but does not include any costs from our payment partner, Stripe.

Our fees are passed to us when your customers make payment for an order, at the point of sale.

4. Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Koan Adventures reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to cancelling your User account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

5. Intellectual Property

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.

6. Links to Other Websites

Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Koan Adventures has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

7. General Terms

Our Legal Terms shall be treated as though it were executed and performed in United Kingdom and shall be governed by and construed in accordance with the laws of United Kingdom without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Koan Adventures under our Legal Terms shall survive the termination of our Legal Terms.