Terms & Conditions

Introduction

These are the terms and conditions of use for Swiftgift.me and our UK and U.S. Apps (collectively, the "Site"). The Site is operated by Polemur Limited trading as Swiftgift ("SwiftGift" or "we" or "us" or "our"). We are a limited company, registered in the United Kingdom. Our registered company number is 8463742, and our registered office is at 1 Knightsbridge Green, SW1X 7NE, London. Our VAT registration number is 161823810. In the United States, we operate through a wholly-owned subsidiary, SwiftGift Inc.

Your use of the Site and any products or services ("Gifts") you order from the Site will be subject to these terms and conditions and by using the Site you agree to be bound by them.

We reserve the right to change these terms and conditions from time to time by changing them on the Site.

These terms and conditions were last updated on 9/11/2020.

Acceptance of the Gift

If your Recipient accepts the Gift and provides a UK postal address in the case of our UK App and a U.S. postal address in the case of our U.S. App then payment for the Gift will be taken from you and the Gift will be dispatched to your Recipient at their stated address.

You will be notified when the Recipient has accepted the Gift and the purchase price of the Gift will be debited from the credit or debit card you provided. Rejection of the Gift

The Recipient has 7 days in which to accept or decline to receive the Gift. In the unlikely event that your Recipient declines, or in the event that your Recipient neither accepts nor declines the gift within 7 days your order will automatically be cancelled and your Recipient will not receive your Gift. You will not be charged for the Gift.

Access to the Site

It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site. To use the Website you must be at least 18 years old.

You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a login ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your login ID and must notify us immediately of any unauthorised use or other security breach of which you become aware. We reserve the right to disable any login ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if any details you provide for the purposes of registering as a user prove to be false.

We cannot guarantee the continuous, uninterrupted or error-free operability of the Site. There may be times when certain features, parts or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.

What you are allowed to do

You may only use the Site for non-commercial use and only in accordance with these terms and conditions. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on-screen or accessible via a link.

What you are not allowed to do

Except to the extent expressly set out in these terms and conditions, you are not allowed to:

• store pages of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the pages of the Site;
• remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted;
• create links to the Site from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Site, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.

You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.

Intellectual property rights

All intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

Content

We may change the format and content of the Site from time to time. You agree that your use of the Site is on an 'as is' and 'as available' basis and at your sole risk.

Whilst we try to make sure that all information contained on the Site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content.

Some countries do not allow disclaimers of implied warranties or limitations on how long an implied warranty lasts, meaning the above disclaimers and limitations may not apply to you.

We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

Your personal information

Use of your personal information submitted to or via the Site is governed by our Privacy and Cookies Policy.

Ordering and availability

Gifts may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the payment button on the checkout page.

We cannot guarantee availability of all of the products listed on our Site.

After placing an order, you will receive an email from us acknowledging that we have received your order and giving you an order reference number and your credit or debit card will be authorised (but no monies will be charged or debited) up to the total amount of your purchase. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Gift. All orders are subject to acceptance by us and by your Recipient and provision to us of a UK delivery address. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the payment button you enter into an obligation to pay for the Gift(s), postage and any other additional extras you have selected and added to your basket, in the event that your order is accepted by us and by your Recipient. Your Recipient will be able to accept or decline the Gift. The Recipient must accept, by providing a UK mailing address in the case of our UK App and a U.S. mailing address in the case of our U.S. App, or decline the Gift within 7 days of the date of your order. If the Recipient fails to respond or declines your Gift within 7 days, your order will automatically be cancelled. We will notify you by email and/or internal SwiftGift communication that the Gift has been declined or the time period for acceptance of the Gift had expired.

Where your Recipient confirms that they wish to receive your Gift and provides a UK postal address in the case of our UK App and a U.S. mailing address in the case of our U.S. App, we will confirm such acceptance to you by sending you an email that confirms that the Gift has been accepted (Acceptance Confirmation). The contract between you and us in relation to the Gifts ordered (Contract) will only be formed when we send you the Acceptance Confirmation.

Gifts are provided by our third party suppliers, in exceptional circumstances our suppliers may not be able to supply the Gifts purchased. In such cases we will contact you directly to discuss sending an alternative or arranging for your monies to be repaid.

Delivery

Subject to the following sentence, your order will be fulfilled by the delivery date set out in the Acceptance Confirmation or, if no delivery date is specified, then within 30 days after the date of the Acceptance Confirmation, unless there are exceptional circumstances. Some Gifts made available on the Site may require a period of preparation and therefore delivery of these items may take longer than for our more standard items. You will be notified prior to purchase of the Gift that due to its customization requires a period of customization and that therefore delivery will be longer and you accept that delivery of this customized item may be longer. Please contact us on support@swiftgift.me if you have any queries about delivery times on customized items.

Gifts may only be delivered to addresses in mainland UK in the case of our UK App and to a U.S. mailing address in the case of our U.S. App. If your Recipient's delivery address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that we may not be able to deliver there. If that is the case, we will notify you and your Recipient by email and/or internal SwiftGift communication offering you a refund for your Gift. Orders cannot be delivered to PO Box or similar addresses.

Deliveries are made by the national mail service or courier and generally will take place on Monday to Friday, excluding Saturday, Sunday and bank and other public holidays. It is not possible to specify a precise date or time at which a delivery will take place. Please note that the courier may require deliveries to be signed for.

It is the responsibility of your Recipient to confirm their exact address which must be in the UK in the case of our UK App and the U.S. in the case of our U.S. App. If the address is outside of the UK in the case of our UK App and the U.S. in the case of our U.S. App, we will cancel the order and refund your monies. If the address is not correct so that delivery of the Gift cannot be made we will not, in this instance, be responsible or liable for any failure to deliver the Gift.

To notify us of any changes to your delivery address your Recipient can email us support@swiftgift.me. Where a Gift has not already been dispatched we will try to amend the delivery address but this may not always be possible.

Risk and title

Gifts ordered will be at your Recipient's risk from the time of delivery. Ownership of the Gifts ordered will also pass to you on delivery, provided full payment of all sums due in respect of the Gifts, including any delivery charges, has been received.

Price and payment

The price of Gifts is as quoted on the Site from time to time. The price includes VAT or sales tax, as applicable, unless the VAT or sales tax is itemized separately. The price generally excludes delivery costs and any additional extras purchased by you at the point of sale, which will be automatically added (at the cost shown) to the total amount due when you view the items in your shopping basket.

Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Acceptance Confirmation.

The Site contains a large number of Gifts and it is always possible that, despite our best efforts, some of the Gifts listed on the Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Gift's correct price is less than our stated price, we will charge you the lower amount. If a Gift's correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before dispatching the Gift, or reject your order and notify you by email and/or internal SwiftGift communication of such rejection.

Payment for all orders must be made by credit or debit card on the checkout page.

We accept payment by most major credit and debit cards.

When you press the payment button we will authorize your credit or debit card up to the total amount in your basket. We will charge your credit or debit card once your Recipient has confirmed that they wish to receive the Gift and confirmed their address and we have sent you the Acceptance Confirmation.

You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

Consumer Rights (US App Only)

Once the payment button is pressed and your order is submitted, as confirmed by the Acceptance Confirmation, your order cannot be cancelled and, unless the Recipient declines the Gift or does not accept the Gift prior to expiration of the 7 day time period, the Gift will be fulfilled and your credit or debit card will be debited for the purchase and all other charges as provided herein.

The Recipient of the Gift may return the Gift if the retailer selling and delivering the Gift has a return policy which the Recipient is eligible to benefit from. Any such return policy will be enforceable only against the relevant retailer. SwiftGift assumes no responsibility or liability for such return policies or any returns you or a Recipient may seek.

If any Gift you order is damaged or faulty when delivered, You or the Recipient may have the legal right under some state laws to claim an exchange or refund, as appropriate, in accordance with your legal rights. If you or the Recipient believes a Gift was delivered damaged or faulty, you must inform us in writing, giving us your name, address and order reference.

Other than as provided, there are no cancellations or returns of any orders or purchases.

Consumer Rights (UK App only)

Except in relation to certain Gifts set out below, you may cancel a Contract at any time before your order is delivered and up to 14 days afterwards, beginning on the day after complete fulfillment of your order. In this case, you will receive a full refund of the price paid for the Gifts in accordance with our refunds policy (see below).

To cancel a Contract, you must clearly inform us, preferably:

• in writing, by email, giving us your name, address and order reference; or
• by completing our cancellation form available on the Site at https://swiftgift.me/cancellationform.pdf and returning it to the address specified in that form.

You or your Recipient on your behalf must also return the Gifts to us within 14 days after the day of notifying us of the cancellation, in the same condition in which you receive them (which does not interfere with any right to take any reasonable steps to examine the Gifts and make sure they conform to the order). You and your Recipient have a legal obligation to take reasonable care of the Gifts. Failure to comply with this obligation, may give us a right to deduct the cost of any deterioration, up to the price of the Gift, from the refund to which you are otherwise entitled.

You will not have any right to cancel a Contract for the supply of any of the following Gifts:

• perishable items, such as chocolates, sweets, flowers;
• audio and/or visual recordings or computer software or hygiene-sealed items, in each case, where the sealed packaging has been opened;
• Gifts that have been personalized or made to your own bespoke specifications (if we offer such options);

unless such Gifts were damaged or faulty when delivered to you or have been incorrectly delivered.

To return the Gifts, the parcel should be packaged securely (making sure a note of your name and address is included inside the parcel) and then returned to us, either by courier or by recorded delivery mail or other form of certified mail. We advise that enough postal/carriage insurance is taken out to cover the value of the contents. Please save proof of posting/despatch and tracking information until your refund has been processed. You will be responsible for the cost and risk of returning the Gifts to us.

Details of the consumer rights described above, and an explanation of how to exercise them, are provided in the Acceptance Confirmation. Nothing in this section affects your legal rights.

If you cancel a Contract between us within the 14-day cooling-off period (see above), we will process the refund due to you as soon as possible and, in any case, within 14 days after the day on which we receive the Gifts back or, if earlier, the day on which we receive evidence that you have returned the Gifts. We will refund the price of the Gifts in full (subject to any deduction we are entitled to make due to use of or damage to the Gifts), including the cost of standard delivery where all the Gifts contained in your order are returned to us. However, we will not refund the cost of returning the Gifts to us. We will refund any money received from you using the same method originally used by you to pay for your purchase, unless agreed otherwise.

If any Gift you order is damaged or faulty when delivered, we may offer a repair, exchange or refund, as appropriate, in accordance with your legal rights. If you or the Recipient believes a Gift was delivered damaged or faulty, you must inform us in writing, giving us your name, address and order reference. Nothing in this section affects your legal rights.

Gift information

Whilst we have taken reasonable steps to depict Gifts as accurately as possible through the photographs and other images featured on the Site, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Gift when you receive it.

Any information on the Site regarding sizing of Gifts is included as a guide only. If you are in any doubt as to the size of any Gift you require, we recommend that you contact us prior to placing an order (see Contacting us).

"Daily" or "Weekly" Deals

We may make available on the Site certain goods or products ("Good") which are available to purchase for yourself. Such purchases will not be Gifts and will be purchased and sent to you rather than any Recipient.

Goods may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the "Pay” button.

After placing an order, you will receive an acknowledgment from us. Please note that this does not mean that your order for Goods has been accepted. Your order constitutes an offer to us to buy the Good(s). All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the "Pay" button, you enter into an obligation to pay for the Good(s). Where we accept your order, we will confirm such acceptance by sending you a confirmation that the Goods have been despatched. The contract between you and us in relation to the Good(s) ordered (Contract) will only be formed when we send you confirmation of despatch. After entering into the Contract, we will be under a legal duty to supply you with goods that are in conformity with the Contract.

Your order will be fulfilled by the delivery date set out in the despatch confirmation. Please note that for these Good(s) the delivery time may be longer than 30 days but we will notify you of this in advance.

The Good(s) ordered will be at your risk from the time of delivery. Ownership of the Good(s) ordered will also pass to you on delivery, provided full payment of all sums due in respect of the Good(s), including any delivery charges, has been received.

Prices include VAT but exclude delivery costs, which will be added (at the cost shown) to the total amount due. Prices and delivery costs are liable to change at any time, but changes will not affect Good(s) in respect of which we have already sent you a confirmation notification

You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

You may cancel a Contract at any time before the Good(s) are delivered and up to 14 days afterwards, beginning on the day after the Good(s) are delivered to you. If you cancel, you will receive a full refund of the price paid for the Product(s). To cancel a Contract, you must clearly inform us.

You must also return the Good(s) to us within 14 days after the day of notifying us of the cancellation, in the same condition in which you receive them (which does not interfere with your right to take any reasonable steps to examine the Good(s) and make sure they conform to your order). You have a legal obligation to take reasonable care of the Good(s) while in your possession. If you fail to comply with this obligation, we may have a right to deduct the cost of any deterioration (due, for example, to your having used the Good(s)), up to the price of the Good(s), from the refund to which you are otherwise entitled.

We will process any refund due to you as soon as possible and, in any case, within 14 days after the day on which we receive the Good(s) back or, if earlier, the day on which we receive evidence that you have returned the Good(s) to us. We will refund the price paid in full (subject to any deduction we are entitled to make due to your use of or damage to the Good(s)), including the cost of standard delivery. However, we will not refund your cost of returning the Good(s) to us. If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid.

Nothing in this section affects your legal rights.

Subscription

Through the Site we may provide a subscription service, the details of which will be set out in further detail against the relevant subscription deal. These subscriptions will apply to the purchase of the Good(s) made available as part of the "daily or weekly" deals. If you subscribe to receive Good(s) you will be required to provide your payment card details and you acknowledge that payment for the relevant Good(s) will be taken from your card depending on the subscription service you sign up for. You agree that we may automatically take the relevant payment from your payment card on the subscription pattern you have signed up for without further reference to you. If there are any discounts or promotions which are made available in connection with your subscription or proposed subscription then these will be made available to you at the time you subscribe or, if applicable, afterwards.You may terminate your subscription at any time by inside SwiftGift App settings or by emailing us using support@swiftgift.me . Where you terminate your subscription we will not be obliged to return any subscription monies to you. We may also give you written notice at anytime to terminate your subscription. Where we terminate your subscription we will return a pro rata proportion of any subscription fees paid to us for the remainder of the subscription period.

On termination of your subscription, if relevant, we shall cease to take payment and delivery of Good(s), save for those already confirmed prior to termination, to you will automatically cease and you shall have no further rights or obligations in respect of that subscription.

Our liability

Nothing in these terms and conditions shall limit or exclude our liability to you:

• for death or personal injury caused by our negligence;
• for fraudulent misrepresentation;
• for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
• under Part I of the Consumer Protection Act 1987; or
• for any other liability that may not, under English law, be limited or excluded.

Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant Gifts and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.

Discount Codes, Offers and Ambassador Scheme (UK App Only)

We may, from time to time, run referral programmes or similar initiatives, such as the "Ambassador Scheme" programme, that invite you to share a link to the Site with someone who is known to you who may find our products or services to be of interest. When someone, as a result of you sharing the Ambassador link, becomes a registered user of the Site and purchases a product or service through the Site within 2 weeks that person will get £5 in the case of the UK App off their first purchase and you will also be entitled to redeem such amount against the next purchases you make through the Site.

DISCLAIMER OF WARRANTIES

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SWIFTGIFT OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, SWIFTGIFT, ITS PROVIDERS, ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

SWIFTGIFT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SWIFTGIFT WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SITES.  YOU ACKNOWLEDGE THAT SWIFTGIFT IS NOT THE MANUFACTURER, DISTRIBUTOR, SUPPLIER OR RETAILER OF ANY OF THE PRODUCTS LISTED ON OUR SITE AND AS A RESULT WE HAVE NO LIABILITY WHATSOEVER FOR ANY PRODUCT DEFECTS, FAILURE OF A PRODUCT TO OPERATE IN ACCORDANCE WITH OR CONFORM TO ANY SPECIFICATIONS OR REQUIREMENTS OR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY THE USE OF A PRODUCT. The only warranty provided in connection with any product (if any) are those provided by the merchant or manufacturer and any claims in connection with such warranties must be addressed directly with the merchant or manufacturer. LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWIFTGIFT, ITS PROCESSORS, SUPPLIERS OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES)

BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SITE. UNDER NO CIRCUMSTANCES WILL SWIFTGIFT BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SWIFTGIFT AND ITS PROCESSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL SWIFTGIFT, AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SITE DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SWIFTGIFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME COUNTRIES DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, MEANING THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.

General

You may not transfer or assign any or all of your rights or obligations under any Contract.

All notices given by you to us must be given in writing to the address set out at the end of these terms and conditions. We may give notice to you at either the email or postal address you provide to us when placing an order.

If we fail to enforce any of our rights, that does not result in a waiver of that right. If any provision of these terms and conditions is found to be unenforceable, all other provisions shall remain unaffected. These terms and conditions may not be varied except with our express written consent.

These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.

(UK App Only): These terms and conditions shall be governed by English law, and you agree that any dispute between you and us regarding them or any Contract will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there.

(US App Only): These terms and conditions shall be governed by the laws of the State of Delaware without regard to conflicts of law principles. Any dispute or claim relating in any way to your use of the Site, or in respect of any Gift sold or received through SwiftGift will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, DE 19808. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Amazon will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

External links

The Site may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.

Contacting us

Please submit any questions you have about these terms and conditions or any problems concerning the Site by email support@swiftgift.me or write to us at:

SwiftGift,
7Th Floor
1 Knightsbridge Green
SW1X 7NE
London
UK