Terms and Conditions
ALL CLIENTS MUST AGREE TO
THE TERMS AND CONDITIONS HERE SPECIFIED. BY USING THIS WEBSITE
BUILDING AND GIFT REGISTRY SERVICE YOU ACKNOWLEDGE THAT YOU HAVE READ
THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS
Interpretation
For
the purposes of these terms and conditions:-
“we”,
“us”
and
“our”
shall
mean Just the Thing Gift Registry Limited;
“the
Client”
shall
mean the individual or couple who has/have registered a Client
Website and/or Gift List with Just the Thing Gift Registry
Limited.
“the Contributing Party”
shall
mean the party purchasing a gift from the Gift List
“the
Service”
shall
mean the collection of money by us from the Contributing Party on
behalf of the Client and thereafter the distribution of this money,
on dates specified by the Client, to the Client.
“the Website”
shall
mean www.JusttheThing.co.uk.
“the
Client Web Area or Client Website”
shall
mean the on-line personal area designated by Just the Thing Gift
Registry Ltd to the Client for posting photographs and information
and gift lists.
“the Gift List”
shall
mean the Client/s’ list of gift opportunities as appearing on the
Client Website
“the
Fund/s”
shall
mean the contributions made by the Contributing Parties toward the
Client’s gift list
“the
Gift List Account”
shall
refer to the total accrued funds from Contributing Parties toward the
Client’s gift list
“Working Day”
shall
mean all days other than Saturdays, Sundays and public
holidays
“you”,
“your”
shall
refer to either or both the Client and the Contributing Party
“Third
Party”
shall
mean parties or agencies other than the Client, Contributing Party
and Just the Thing Gift Registry Limited.
1.
Our Dealings with You
1.1.
By using the Service you are accepting that you shall be bound by the
following terms and conditions of business.
1.2.
By registering for the Service you confirm that you are over the age
of 16 yrs.
1.3.
By registering for the Service you confirm that all information
provided by you is accurate.
1.4.
By registering for the Service you agree to ensure that all relevant
and personal information is kept correct and up to date.
1.5.
You agree to use the Service for lawful purposes only and agree not
to post any content on the Client Website which is abusive, vulgar,
obscene, hateful, fraudulent, threatening or defamatory.
1.6.
You agree to not independently sub-license or receive payment from a
third party for any part of the service provided by Just the Thing
Gift Registry Limited.
1.7.
We reserve the right to delete any material from a Client Website at
any time, or remove the entire Client Website if we believe the
Client/s have breached any of the terms and conditions.
1.8.
All correspondence shall be conducted in English unless agreed
otherwise.
1.9.
This agreement shall be governed by the law of England and the
parties agree to submit to the jurisdiction of the English Courts.
2.
Fees and Charges
2.1.
The Client shall be charged a service fee of 7.5% of the total Funds
contributed toward their Gift List. The 7.5% fee
shall be chargeable by us on the date on which the balance (or part
thereof) is transferred to the Client.
2.2.
In the event that the Client elects to transfer
the balance to the Account on multiple dates the 7.5% service fee
shall be chargeable on each balance transferred. The 7.5%
service fee shall be retained by us prior to making each transfer to
the Account (Please note: Payment to the Client will be
made on agreed dates supplied by the Client to Just the Thing Gift
Registry Limited. Electronic transfer of funds to a Client’s
Bank Account can take up to 7 working days).
2.3.
Clients outside the UK who choose to operate their Gift List in a
currency other than Pounds Sterling will need to have a valid Paypal
Account in order to receive payments from their Gift List Account.
In such circumstances, Just the Thing will not be responsible
for any further fees incurred by the Client from third party
financial services such as Paypal.
2.4.
In the event that the Client
nominates Just the Thing Gift Registry Limited as their gift registry
and request registry card sets for their wedding/Civil Union/party
guests and then decide not to use Just the Thing Gift Registry
Limited as their gift registry, Just the Thing Gift Registry Limited
will invoice the Client for the costs of the cards (including the
complimentary cards) at £10.00 (GBP) for first 50 cards and
£5.00 (GBP) per 50 card set thereafter.
2.5.
In the event that the Client wishes to retain a copy of their event
website, there are two available options. Firstly, a free PDF
copy of the site can be downloaded from the Client Website.
Secondly, the Client may request a CD copy from Just the Thing for an
additional cost of £14.95.
3.
Client Account
3.1.
In the event that the Client requests assistance or advice in
generating a Gift List, we shall make our best endeavours to ensure
satisfaction with any recommendations made however we do not accept
any responsibility should the Client not actually enjoy the
activity.
3.2.
We are not responsible for the continuing accuracy of information
appearing on a Gift List and are in no way liable for any problems
encountered by the Client with respect to bookings and reservations
made pursuant thereto. We are not responsible should a gift or
service listed in a Client’s Gift List be unavailable for purchase
from a third party source.
3.3.
In the event that the Client elects to generate their
own Gift List, we take no responsibility for the content of their
Gift List. Clients should ensure that all information is
correct and up to date.
3.4.
In the event that a wedding/Civil Union/celebration is postponed, it
is the Client’s responsibility to inform Just the Thing Gift
Registry Limited immediately. We can offer assistance to the
Client in updating information on their Web Area if they are unable
to do so themselves through the “Manage my Account” web area.
Should a wedding/Civil Union/celebration be cancelled, please refer
to 8.2 below.
3.5.
Information on Just the Thing Gift Registry Limited websites may
contain typographical errors or inaccuracies that may not be complete
or current. Therefore we reserve the right to correct any errors,
inaccuracies or omissions and to change or update information at any
time without prior notice, including if the Client has submitted
their registry.
3.6.
When using our Gift Registry Templates to build a registry, clients
recognise that the gift prices are only suggestions. It is the
Client’s responsibility to determine the price of the actual gift
they wish to ask their guests for. We are not responsible for any
amount different from the actual price and suggested price.
3.7.
We are not responsible for the booking/purchasing of items listed on
the Client’s Gift List
3.8.
We are not responsible for how the Client chooses to spend the money
transferred to the Account.
3.9.
The Client is responsible for all deposits, orders, labour costs and
final payments for all goods and services booked/ordered and
outstanding in relation to their Gift List.
3.10.
It is the Client’s responsibility to work with a
budget they can afford when designing and booking their travel,
purchasing/ordering large luxury items as not all guests may
contribute to the registry and the client may be in a position
whereby they must pay monies towards their own travel/luxury items as
a result of a shortfall in contributions made by wedding/party
guests. Just the Thing Gift Registry Limited will not be responsible
for any gifts which are not purchased from the Client’s Gift List.
3.11.
In the event that a client suspects a discrepancy in the final bridal
registry contribution value and the amount forwarded to them by Just
the Thing Gift Registry. The Client should immediately contact Just
the Thing Gift Registry at Enquiries@JusttheThing.co.uk
to discuss. Should the matter not be resolved, Just the Thing Gift
Registry will permit the client to engage an independent auditor (to
be agreed on by both parties) at the client's expense, to settle the
matter.
3.12.
Just the Thing Gift Registry Limited will not be responsible or
liable for any accident, injury, loss or death incurred during
activities the Client may have listed on their Gift Registry.
4.
Client Payments
4.1.
All Client Gift Funds are held in a secure and dedicated Client
Account with Lloyds TSB of London, UK .
4.2.
At no time is the dedicated Client Account accessible to company
employees or used for the daily running costs of the company.
4.3.
Clients are able to access information Gift List Account balances
on-line at any time.
4.4.
Clients are able to request payments from their Gift List Account at
any time 24hrs a day on-line, or by phone during business hours.
4.5.
The Client will nominate when they wish their Gift List Funds to be
paid out. This service can also include multiple payments prior
to, or after, the date of the celebration.
4.6.
a. All UK based Clients will indicate if they wish their
payment/s to be made via electronic transfer (taking up to 7
Working Days) or by cheque. Clients should be aware that
the set up of an initial payment via electronic transfer may take up
to 48hrs.
b.
Clients based outside of the UK will need to have a
valid Paypal account in order to request payments from their Gift
List Funds. Payments will be made in the currency nominated by
the Client at the point of sign up.
4.7.
It is the Client’s responsibility to ensure all details they
provide for electronic, Paypal or postal payments are correct and up
to date.
4.8.
Should the Client not indicate a specified date for payment, the
funds will be held in a dedicated and secure Client Account until
requested.
4.9.
While we will make every endeavour to ensure timely payments, Just
the Thing Gift Registry Limited is not responsible or liable for any
losses or hardships due to lost mail or untimely deliveries.
4.10.
It is the Client’s responsibility to keep their login details,
passwords and account information secure. Should there be any
suspicion that a third party has accessed their account; the Client
should inform Just the Thing Gift Registry Ltd immediately to ensure
security.
4.11.
We will not be held responsible for any losses should
the Client fail to adhere to the terms and conditions above.
5.
Conduct
5.1.
The Client is fully aware that by submitting their registry
information that they are granting Just the Thing Gift Registry
Limited the right to publish this on the internet. In addition, the
said Client understands they are responsible for all accuracy in
their pages and Just the Thing Gift Registry Limited is not
responsible for any misprints.
5.2.
The Client also understands that any pictures or content submitted
for posting on the registry web page must not violate any law,
infringements or copyright.
5.3.
Should Just the Thing Gift Registry Limited be contacted by the
holder of an intellectual property right who alleges infringement of
such right by the Client, we reserve the right to remove the said
material until such time as the matter is fully investigated by us.
5.4.
The Client agrees not to post or transmit content which constitutes
or encourages conduct that would be considered a criminal offence,
give rise to civil liability, or otherwise be contrary to the law of
or infringe the rights of any third party, in the UK or any other
country in the world; or
5.5.
which is technically harmful (including, without limitation, computer
viruses, logic bombs, Trojan horses, worms, harmful components,
corrupted data or other malicious software or harmful data).
5.6.
Just the Thing Gift Registry Limited reserves the right to deny or
remove any content they find to be distasteful, obscene, hateful,
abusive or in breach of the above
5.7.
You may not misuse the website (including, without limitation, by
hacking).
5.8.
We will fully co-operate with any law enforcement authorities or
court order requesting or directing us to disclose the identity or
locate anyone posting any material in breach of the above.
6.
Liability
6.1.
The Client agrees to indemnify Just the Thing Gift Registry Limited
and its officers, directors and employees against all liabilities,
claims, damages, costs and expenses including reasonable legal fees
arising from or related to a breach of the terms and conditions
by you, or your use of this web site, or the use by any other person
using your registration details
6.2.
We, any other party (whether or not involved in creating, producing,
maintaining or delivering this web site), and any of our directors,
employees or shareholders exclude all liability and responsibility
for any amount or kind of loss or damage that may result to you or a
third party (including without limitation, any direct, indirect,
punitive or consequential loss or damages, or any loss of income,
profits, goodwill, data, contracts, use of money, or loss or damages
arising from or connected in any way to business interruption, and
whether in tort (including without limitation negligence), contract
or otherwise) in connection with this web site in any way or in
connection with the use, inability to use or the results of use of
this web site, any web sites linked to this web site or the material
on such web sites, including but not limited to loss or damage due to
viruses that may infect your computer equipment, software, data or
other property on account of your access to, use of, or browsing this
web site or your downloading of any material from this web site or
any web sites linked to this web site.
6.3.
Nothing in these terms and conditions shall exclude or limit our
liability for (i) death or personal injury caused by negligence (as
such term is defined by the Unfair Contract Terms Act 1977); (ii)
fraud; (iii) misrepresentation as to a fundamental matter; or (iv)
any liability which cannot be excluded or limited under applicable
law.
6.4.
If your use of material on this web site results in the need for
servicing, repair or correction of equipment, software or data, you
assume all costs thereof.
6.5.
All the above mentioned terms and conditions are applicable for all
Client Websites and gift registries created through Just the Thing
Gift Registry Limited.
7.
Governing
Law and Jurisdiction
7.1.
These terms and conditions shall
be governed by and construed in accordance with English law. Disputes
arising in connection with these terms and conditions shall be
subject to the exclusive jurisdiction of the English courts.
7.2.
It is prohibited to access the web site from territories where its
contents are illegal or unlawful. If you access this website, or a
Client website, from locations outside the United Kingdom, you do so
at your own risk and you are responsible for compliance with local
laws.
8.
Your Right to Cancel – the
Client
8.1.
If the Client changes their mind with respect to this
agreement with us to provide the gift registry Services, the Client
shall have seven Working Days, beginning with the day after the day
on which the contract was concluded, to write to us at Just the Thing
Gift Registry Limited to cancel the agreement. In such
circumstances we will return any Gift List contributions already made
excluding the 7.5% service charge as outlaid in 3.1 above
within 20 Working Days. Any credit-card processing fees
charged charged by the secure on-line payment provider may not
be refunded.
8.2.
In the event of cancellation of a wedding/Civil
Union/celebration, it is the Client’s responsibility to inform Just
the Thing Gift Registry Limited immediately in writing via email to
Enquiries@JusttheThing.co.uk. The Gift List shall then be
closed with immediate effect. Payment of all gift
contributions, minus the 7.5% service fee, will be forwarded to the
Client via electronic transfer or cheque within five working days of
notification of the cancellation by the Client. It will be the
Client’s responsibility to contact and reimburse Contributing
Parties.
9.
Your Right to Cancel – the
Contributing Party
9.1.
If the Contributing Party is not happy with
their choice in respect of items on the Gift List, the Contributing
Party shall have seven working days, beginning with the day after the
day on which the contribution was concluded, to write to Just the
Thing Gift Registry Limited, to cancel the agreement. In such
circumstances, provided that the balance has not been withdrawn by
the client, we will return the full contribution paid including any
service fee chargeable by us in terms of paragraph 3.1 above within
20 Working Days. Any credit-card processing fees charged
in terms of paragraph 3.2 above may be retained by the Secure Payment
Provider.
9.2.
Just the Thing Gift Registry Ltd will forward a receipt
to the Contributing Party immediately following any purchase for the
Contributing Party's records. Should there be any errors or
retractions it will be the Contributing Party's responsibility to
contact Just the Thing Gift Registry immediately to resolve the
situation.
9.3.
Just the Thing Gift Registry Ltd acts as an agent on behalf of the
client. Once funds have been passed onto our client, our
involvement ceases. Should a Contributing Party wish to change
or cancel a contribution once funds have been forwarded to the
Client, it shall be their responsibility to do this independently of
Just the Thing Gift Registry Ltd.
10.
Confidentiality
10.1.
Other than personally identifiable information, which is protected by
our Privacy Policy, any content the Client transmits, stores or
presents on the Client website or our website will be considered
non-confidential.
10.2.
Just the Thing Gift Registry Ltd claims no intellectual property
rights over the material the Client chooses to display on their
website.
10.3.
During on-line payments, credit card details are neither taken nor
stored by Just the Thing Gift Registry Limited. At the point of
purchase, the Contributing Party will be transferred to the secure
payment service where payment details are taken.
10.4.
We observe a strict duty of confidentiality with respect to the
Client and Contributing Party’s financial affairs. We will
not disclose your personal details including full name and address to
anyone else, except in the four cases permitted by law. These
are:
- where we are legally compelled to do so;
- where
there is a duty to the public to disclose;
- where our
legitimate interests require disclosure;
- where disclosure
is made at your request or with your request.
10.5.
Just the Thing Gift Registry Ltd will not hold personal data relating
to Clients or Contributing Parties for any longer than is reasonable
for the purposes of the service and Client websites. We have taken
reasonable steps to protect your information against being accessed
by unauthorised persons and against unlawful processing, accidental
loss, destruction and damage. However, the Client should be aware
that any personal data submitted by you via the internet is at your
own risk.
10.6.
The Client and/or Contributing Party is entitled to see any personal
data Just the Thing Gift Registry Ltd holds on them, upon payment of
a fee of ten pounds (£10) Sterling. The Client and/or
Contributing Party is also entitled to request that we make any
necessary changes to your personal data to ensure that it is accurate
and up-to-date.
10.7.
The Client and/or Contributing Party may also request Just the Thing
Gift Registry Ltd to stop processing any personal data. Should the
Client/Contributing Party request Just the Thing Gift Registry Ltd to
delete their personal data from our records, we will use our
reasonable endeavours to do so. If you wish to exercise any of your
rights or if you have any queries in relation to our use of your
information, please contact us at: Enquiries@JusttheThing.co.uk
11.
Variation
11.1.
We reserve the right to amend these terms and conditions for the time
being applicable to you. We will notify you should there be a
change in the terms and conditions which affect the Service. We
will always give you at least 10 Working Days notice.
12.
Miscellaneous
12.1.
The Client or Contributing Party may not assign, sub-license or
otherwise transfer any of their rights under these terms and
conditions.
12.2.
The Client may not independently sub-license or receive payment from
a third party for any part of the service provided by Just the Thing
Gift Registry Limited.
12.3.
If any provision of these terms and conditions is found by any court
of competent jurisdiction to be invalid, the invalidity of that
provision will not affect the validity of the remaining provisions
which shall continue to have full force and effect.
12.4.
Only the parties to these terms and conditions may seek to enforce
them under the Contracts (Rights of Third Parties) Act 1999.
12.5.
You understand that Just
the Thing Gift Registry Limited uses
third party vendors and hosting partners to provide the necessary
hardware, software, networking, storage, and related technology
required to run the Service.
12.6.
You understand that the technical processing and transmission of the
Service, including your Content, may be transferred unencrypted and
involve (a) transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting networks or
devices.
12.7.
Verbal, physical, written or
other abuse (including threats of abuse or retribution) of any Just
the Thing Gift Registry Limited customer,
employee, member, or officer will result in immediate account
termination.
12.8.
Questions about the Terms of
Service should be sent to Enquiries@JusttheThing.co.uk
13.
How to Complain
13.1.
In
the event of a complaint between you and us, please write to us at
Enquiries@JusttheThing.co.uk
Just the Thing Gift Registry Limited will aim to answer your
complaint within 3 Working Days of its receipt. If we are
unable to do this we will:
- send you an acknowledgement of
your complaint after 1 Working Days have passed;
- aim to
resolve your complaint within 3 Working Days of receipt.
- If
we cannot resolve your complaint within 3 Working Days then you will
receive a progress update from us on day 2.
If
you have any questions about these terms and conditions. Please
contact us before using the site. Once you use the site you are bound
and agree to all the terms and conditions.