Terms & Conditions
Terms & Conditions
- These terms
1.1 What these terms cover.
These are the terms and conditions according to which we supply goods, services or digital content purchased through this app (“gifts”) to chosen recipients.
1.2 What we mean by particular terms.
Where we refer to “Sender” in these terms, we mean the person purchasing a gift using the app. Where we refer to “Recipient”, we mean the person designated by the Sender to receive a gift. Where we use the term “you”, we may mean the Sender or the Recipient or both, as the context permits. Where we use the term “product”, we typically only intend to refer to gifts which are ordered for physical delivery by courier, unless the context reasonably requires a contrary meaning.
1.3 Why you should read these terms.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide gifts to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.4 Are you a business customer or a consumer.
In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
You are an individual.
You are buying gifts from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.5 If you are a business customer this is our entire agreement with you.
If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
1.6 Age of users.
Our app is primarily aimed at users who are over the age of 18. There are no barriers to those under 18 accessing the app provided that they have the permission of a parent or guardian. The parent or guardian of any person under 18 should review these terms and make sure that they are comfortable with a minor under their care using the app to buy or receive gifts. There are specific age restrictions applicable to certain products and services, as more particularly set out in these terms.
1.7 Proprietary Rights.
We and/or our licensors own all intellectual property rights in our platform, the app, our website and our trademarks. Except as expressly stated in these terms, we do not grant you or any third party any rights to, under or in, any patents, copyright, database right, trade secret, trade name, trademark (whether registered or unregistered), or any other rights or licences in respect of our services.
2 Information about us and how to contact us
2.1 Who we are.
We are PRSNT LTD, a company registered in England and Wales. Our company registration number is 12374095 and our registered office is at Asm House, 103a Keymer Road, Keymer BN6 8QL, West Sussex, England. Our registered VAT number is 352833496 (“Gift” or “we/us”).
2.2 How to contact us.
You can contact us by telephoning our customer service team at 01273 230669, by emailing us at firstname.lastname@example.org or by writing to us at 11a Jew Street, Brighton BN1 1UT.
2.3 How we may contact you.
If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails.
When we use the words "writing" or "written" in these terms, this includes emails.
3 Our contract with you
3.1 How the service works (user flow).
(a) Registering with the app will only allow you receive digital gifts. If you want to be able to receive physical gifts, you will need to click “Allow home delivery gifts” in Settings.
(b) The Sender records a message to accompany their gift and pays for the gift as directed in the app.
(c) Instructions for postage with the Recipient details should be viewable by a link from our server. The link should expire after 24hrs of clicking the link.
(d) An image of a QR code will link to the video message which the Sender has recorded for the Recipient to receive.
(e) The order will be shipped to the Recipient with the attached QR code.
(f) The Recipient will receive their gift and scan the QR code attached to the parcel/email containing the gift. The QR code will then take them to the message that the Sender attached to the gift. The Recipient will then have the chance to send a response to the Sender. All of the messages sent by either party can be viewed in the app.
(g) The Recipient can open their app and scan the QR code when their gift arrives in order to see their message. The Recipient will have the opportunity to send a message in response to the Sender.
(h) Note that no user will never see another user’s address.
3.2 How we will accept your order.
Our acceptance of a Sender’s order will take place when we email the Sender to accept it, at which point a contract will come into existence between the Sender and Gift.
3.3 If we cannot accept your order.
If we are unable to accept a Sender’s order, we will inform the Sender of this to the email provided by the Sender with their order and will not charge the Sender for the gift. This might be because the particular gift is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference or age validation reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the gift or because we are unable to meet a delivery deadline the Sender has specified in the order.
3.4 Order number.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.5 We only sell to the UK.
Our website is solely for the promotion of gifts in the United Kingdom of England, Scotland, Wales and Northern Ireland (the “UK”). Unfortunately, we do not accept orders from addresses outside the UK.
3.6 Identity verification.
To ensure that your credit, debit or charge card is not being used without your consent and you are over the age of 18, we may validate name, address and other personal information supplied by you during the order process against appropriate third-party databases. By purchasing gifts through the app, you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a registered credit reference agency, which may keep a record of that information. This will be done only to confirm your identity. No credit check will be performed and your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 2018.
3.7 Use of our services.
We do not warrant that your use of our platform or app will be uninterrupted or error free. We are not responsible for any delays, delivery failures or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the Internet, and you acknowledge that services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
4. Our gifts
4.1 Gifts may vary slightly from their pictures.
The images of the gifts in the app are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the gifts. Your gift may vary slightly from those images. Although we have made every effort to be as accurate as possible, where gifts are handmade, sizes, weights, capacities, dimensions and measurements indicated on our website are indicative only.
4.2 Gift packaging may vary.
The packaging of the gift may vary from that shown in images on our website.
4.3 Age redistricted gifts.
Age restricted products and services (including, without limitation, alcohol, tobacco products and services containing age restricted content) can only be sold to persons aged 18 or over and can only be ordered on behalf of persons aged over 18. We will identify such gifts at the time of ordering and ask you to confirm both that you (as the Sender) and your intended Recipient are both over 18. If our couriers are in any doubt about the age of the Recipient on physical delivery of age restricted gifts, we have asked them to request ID. If appropriate ID cannot be shown, we have asked that the items are returned to us.
4.4 Time sensitive gifts.
Some gifts may be subject to time restrictions in terms of their use or consumption. Food or beverages may need to be consumed within a particular use by date supplied with the gift. Gift vouchers must be used within twelve months of the date of ordering. Tickets for particular events can only be used for the stated event.
4.5 Additional terms applicable to the purchase of particular gifts.
Some gifts (eg software or digital content) may be subject to additional terms, which will be made available for the Sender to see before agreeing to send their gift. The Sender and/or the Recipient must comply with such terms (as applicable).
5. Your rights to make changes
If you wish to make a change to the gift you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the gift, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. Our right to make changes
6.1 Minor changes to a gift We may change the gift specifications:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the gift.
6.2 More significant changes to the gifts and these terms.
In addition, we may make changes to these terms or the gift, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any gifts paid for but not received.
6.3 Updates to digital content.
We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
7 Providing the gifts
7.1 Delivery costs.
The costs of delivery will be as displayed to you in our app.
7.2 When we will provide the gifts.
During the order process we will let you know when we will provide the gifts to you.
(a) If the gifts are goods. If the gifts are goods, we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order or such shorter timeframe as you have requested in app and we are able to meet.
(b) If the gifts are one-off services. We will begin the services on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.
(c) If the gift is a one-off purchase of digital content. We will make the digital content available for download at any time after we have accepted your order or as otherwise specified by you in the app.
(d) If the gifts are ongoing services or a subscription to receive goods or digital content. We will supply the gift to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
7.3 We are not responsible for delays outside of our control.
If our supply of the gifts is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any gifts you have paid for but not received.
7.4 If the addressee is not at home when a physical gift is delivered.
We advise you to identify a safe place where gifts can be left if no one is available at your address to take delivery and the gift cannot be posted through the addressee’s letterbox. Assuming you have done this, we will leave a note confirming where the gift has been left. Where you have not given us details of a safe place to leave a gift and where we have been unable to leave it with a neighbour, we will leave a note letting you know how to arrange re-delivery or collection from a delivery depot.
7.5 If you do not re-arrange delivery.
If you do not collect the gifts from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.6 If you do not allow us access to provide services.
If you do not allow us access to your property to perform the services as arranged, we accept no liability for you failing to receive your gift and no refund will be available in these circumstances.
7.7 When you become responsible for the gifts.
A gift which is goods will be the Sender’s responsibility from the time we deliver the gift to the address provided by the Sender.
7.8 When you own goods.
The Sender owns a gift of goods once we have received payment in full.
7.9 What will happen if you do not give required information to us.
We may need certain information from the Sender so that we can supply a gift to you. In relation to the Sender, this might involve: name and address/email address, mobile phone number, credit card number, and age verification information (where you are purchasing age restricted products or services); and in relation to the Recipient, name and address/email address, mobile phone number and age verification information (as applicable). We will not be able to sell gifts to a Sender without this information.
7.10 Reasons we may suspend the supply of gifts to you.
We may have to suspend the supply of a gift to:
(a) deal with technical problems or make minor technical changes;
(b) update the gift to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the gift as requested by you or notified by us to you (see clause 6); or
(d) if you have not paid in full.
8. Your rights to end the contract
8.1 You can always end your contract with us.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you are a consumer and have just changed your mind about the purchase of a particular gift, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.6.
8.2 Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any gifts which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the gift or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the gift you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the gift may significantly delayed (or delayed beyond the date required by the Sender) because of events outside our control;
(d) we have suspended supply of the ongoing services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than fourteen days; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013).
If you are a consumer then for most s bought online, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When consumers do not have a right to change their minds.
Your right as a consumer to change your mind does not apply in respect of:
(a) digital products after you have started to download or stream these;
(b) services, once these have been completed, even if the cancellation period is still running;
(c) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(d) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
(e) any products which become mixed inseparably with other items after their delivery.
8.5 How long do consumers have to change their minds?
If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
(a) Have you bought a service? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
(b) Have you bought digital content for download or streaming (for example, an online book)? If so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
(c) Have you bought goods (for example clothes or food)? If so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
(i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
(ii) Your goods are for regular delivery over a set period (for example for each day of someone’s birthday week). In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
8.6 Ending the contract where we are not at fault and there is no right to change your mind.
Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the gift is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for goods or services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) any costs reasonably incurred by us in connection with the cancellation.
9. How to end the contract with us (including if you are a consumer who has changed their mind)
9.1 Deleting your account.
You can delete your account using the app. You will only be able to delete your account once all payments properly due to us have been made.
9.2 Returning gifts after ending the contract.
If you end the contract for any reason after gifts have been dispatched to you or you have received them, you must return them to us. You must either return the products in person to where you bought them, post them back to us at or (if they are not suitable for posting) or allow us to collect them from you. Please call customer services on 01273 230669 or email us at email@example.com for a return label or to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return.
We will pay the costs of return:
(a) if the products are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the gift or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are a consumer exercising your right to change your mind), you must pay the costs of return.
9.4 What we charge for collection.
Charges for collection will depend on the retailer which despatched the relevant gift. If this information is not readily available in the app, you can call customer services on 01273 230669 or email us at firstname.lastname@example.org for further information.
9.5 How we will refund you.
If you are entitled to a refund under these terms, we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 When we may make deduction from refunds if you are a consumer exercising your right to change your mind.
If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) Where the gift is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.7 When your refund will be made.
We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
(a) If the gifts are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the gift back from you or, if earlier, the day on which you provide us with evidence that you have sent the gift back to us. For information about how to return a gift to us, see clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
10. Our rights to end the contract
10.1 We may end the contract if you break it.
We may end the contract for a gift at any time by writing to you if:
(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the gifts, for example, name, address, acceptable payment details or age verification information;
(b) you do not, within a reasonable time, allow us to deliver the gifts to you or collect them from us;
(c) you do not, within a reasonable time, allow us access to your chosen premises to supply premises specific services; or
(d) you violate any laws in your jurisdiction relating to the purchase or use of the products or services including (without limitation making purchase of a gift where you or the recipient is under-age for entitlement to use the gift in question.
Note that no contract will be formed unless and until payment has been made. For any service where payment is by instalments, any failure to make a payment when due will result in cancellation of the relevant contract.
10.2 You must compensate us if you break the contract.
If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the gift.
We may write to you to let you know that we will be unable to provide a particular gift. We will let you know as soon as we become aware and will refund any sums you have paid in advance for gifts which will not be provided.
11. If there is a problem with the gift.
How to tell us about problems. If you have any questions or complaints about the gift, please contact us. You can telephone our customer service team at 01273 230669, email us at email@example.com or write to us at our physical address at 11a Jew Street, Brighton, BN1 1UT, England.
12. Your rights in respect of defective products if you are a consumer
12.1 If you are a consumer, we are under a legal duty to supply gifts that are in conformity with this contract.
See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example furniture or consumables, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 8.3.
If your product is digital content, for example a mobile phone app or a subscription to a music streaming service, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
a) If your digital content is faulty, you're entitled to a repair or a replacement.
b) If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back
c) If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation
See also clause 8.3.
If your product is services, for example tickets to a concert, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
See also clause 8.2.
12.2 Your obligation to return rejected gifts.
If you wish to exercise your legal rights to reject gifts, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01273 230669 or email us at firstname.lastname@example.org for a return label or to arrange collection.
13. Your rights in respect of defective gifts if you are a business
13.1 If you are a business customer, we warrant that on delivery, any gifts which are goods shall:
(a) conform in all material respects with their description and any relevant specification;
(b) be free from material defects in design, material and workmanship; and
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
13.2 Subject to clause 13.3, if:
(a) you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 13.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
13.3 We will not be liable for a product's failure to comply with the warranty in clause 13.1 if:
(a) you make any further use of such product after giving a notice in accordance with clause 13.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification supplied by you;
(d) you alter or repair the product without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
13.4 Except as provided in this clause 13, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 13.1.
13.5 These terms shall apply to any repaired or replacement products supplied by us under clause 13.2.
14. Price and payment
14.1 Where to find the price for the gift.
The price of the gift (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the gift advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the gift you order.
14.2 We will pass on changes in the rate of VAT.
If the rate of VAT changes between your order date and the date we supply the gift, we will adjust the rate of VAT that you pay, unless you have already paid for the gift in full before the change in the rate of VAT takes effect.
14.3 What happens if we got the price wrong.
It is always possible that, despite our best efforts, some of the gifts we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the gift's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the gift's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
14.4 When you must pay and how you must pay.
We accept payment with VISA, Mastercard, AMEX, ApplePay and GooglePay. When you must pay depends on what gift you are buying:
(a) For goods, you must pay for the gifts before we dispatch them. We will not charge your credit or debit card until we dispatch the gifts to you.
(b) For digital content, you must pay for the gifts before you download them.
(c) For services with a duration of less than one year, you will pay up front. For annual services, you will pay annually in advance using the credit card details you provided to us at the date of ordering. If those card details cease to be an effective means of payment, we will notify you either by email or via an in-app message.
14.5 Our right of set-off if you are a business customer.
If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
14.6 What to do if you think an invoice is wrong.
If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
15. Our responsibility for loss or damage suffered by you if you are a consumer
15.1 We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not reasonably foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the gifts as summarised at clause 12.1; and for defective products under the Consumer Protection Act 1987.
15.3 When we are liable for damage to your property.
If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
15.4 When we are liable for damage caused by defective digital content.
If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
15.5 We are not liable for business losses.
If you are a consumer, we only supply the gifts for to you for domestic and private use. If you use the gifts for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.
16. Our responsibility for loss or damage suffered by you if you are a business
16.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
16.2 Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
16.3 Subject to clause 16.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for gifts under such contract.
17. How we may use your personal information
17.1 How we will use your personal information. We will only use your personal information as reasonably required to provide the services to you.
18. Other important terms
18.1 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee).
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, if you are a consumer you may transfer our guarantee at clause 8.4 to a person who has acquired the gift or, where the gift is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by providing name and address details.
18.2 Nobody else has any rights under this contract (except someone you pass your guarantee on to).
This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 18.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
18.3 If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.4 Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the gifts, we can still require you to make the payment at a later date.
18.5 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer.
These terms are governed by English law and you can bring legal proceedings in respect of the gifts in the English courts. If you live in Scotland you can bring legal proceedings in respect of the gifts in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the gifts in either the Northern Irish or the English courts.
18.6 Which laws apply to this contract and where you may bring legal proceedings if you are a business.
If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
18.7 Invite Link(s)
There is the ability to invite contacts to the Prsnt Application via an autogenerated message, which can be sent via SMS Text message or via other means. The user agrees that any such invite they send will be at their own cost of their network supplier. Please ask bill payers permission before sending.