ADDITIONAL SCHEDULE TO WHITE MINT’S OWN TERMS AND CONDITIONS
We are pleased to be able to offer you the opportunity to personalise gifts that you buy for others through our website using the innovative Giftie Service that offers a digital virtual unwrapping experience to recipients to whom you send a gift, subject to the following terms and conditions
Gift Purchase any gift purchase you make through the Shopping Cart being an Order for a product or products placed by you as a gift for another person whose contact details you may or may not provide at the time of purchase.
Giftie Portal the website to be provided and hosted and managed by QE through which QE will provide the Giftie Service to you as a Client of White Mint.
Giftie App the series of mobile apps which allows a recipient to experience the Giftie Service on their smartphone, or web-enabled computer.
Giftie Service the virtual unwrapping experience to be provided by QE via the Giftie Portal and the Giftie App to your Recipients when you select the Giftie option button in the Shopping Cart when placing an Order and which gives the Recipient the opportunity to alter a gift purchased by a Client by expressing individual preferences, alternative preferences, additional purchasing wishes, delivery and other instructions.
Intellectual Property Rights (or IPR): all intellectual and industrial property rights whether registered or not including rights in confidential information and know-how and any right of equivalent or similar effect anywhere in the world.
Order An order place by a Client through the Shopping Cart
Recipient A person designated by a Client as the intended recipient of a Gift Purchase.
Shopping Cart The shopping cart on White Mint Website
Service IP: (i) the trade marks, trading names, brand names, logos and other designs, slogans, signs or designations of origin and any literary or artistic work, images, films, illustrations, drawings, sound recordings and other works and IPR owned by White Mint and (ii) all IPR subsisting in or relating to all the elements of the Giftie Service including the design, creation, coding, implementation and provision by QE of the Giftie Portal and the Giftie Service, all materials and data created by QE, its agents or employees, all coding and other deliverables, system elements comprising the Giftie Portal and the Giftie Service and its operation, software, screen design and navigation, artwork, templates, layout designs and design facilities, concepts and ideas, all statistical and analytical data captured by or through the Giftie Portal and its traffic and including any trade mark, trading name or sign adopted and used from time to time by QE in relation to the Giftie Portal.
QE Quiet Explosion Ltd, a company registered in England and Wales (company number 06383876) having its registered office at Acre House, 11/16 William Road, London NW1 3ER.
Your Materials: any and all photos, images, text, designs, logos, names, audio-visual content or any other data or materials that you provide and use in connection with the Giftie Service
THE GIFTIE SERVICE
The Giftie Service provides a unique personalised, virtual wrapper for any Gift that you purchase for your Recipient and it enables your Recipient to express further preferences, or alternative, or additional preferences in relation to their Gift and to provide specific delivery and other instructions in relation to their Gift. You agree and acknowledge that such preferences or instructions may be different from those that you have specified as part of your Order.
By electing to use the Giftie Service to ensure that your Recipient is as satisfied with your Gift as possible you agree to accept and be bound by the preferences and instructions that your Recipient may specify as part of the Giftie Service. You accept and agree that the Recipient is deemed to be acting as your authorised agent in stating such preferences and instructions, that such preferences and instructions will constitute a variation of the Order placed by you as if made by you, and you agree to be bound by them. You authorise and instruct us to accept and act upon such variations. By selecting the Giftie Service and clicking on the Place Order button in the Shopping Cart you agree to be contractually bound by the Order as varied by the further preferences, alternative, and/or additional preferences expressed by the Recipient in relation to their Gift.
You authorise us to communicate directly with your Recipient by email or by telephone if either you or they provide such contact details to us.
If we receive no contrary instructions from you or your Recipient within a period of [19 days] from the time the Order is placed we will fulfil the Order as expressed by you and will not have any responsibility to accept any variation of the Order by you or by the Recipient. Notwithstanding the forgoing, If for any reason in our sole discretion we decide not to accept a further preference or instruction provided to us by you or your Recipient at any time we may fulfil the Order placed by you without variation and in accordance with your original instructions which will remain the basis of the contract between us.
We will rely on all information provided by you or your Recipient in relation to your Gift. You are solely responsible for the accuracy, correctness and completeness of all such information that is provided by you or your Recipient, in particular, all such delivery information, and accept the risk of non-delivery or other costs, liabilities or consequences that may arise from such information being inaccurate, false or incomplete. If the information and instructions provided by your Recipient differs from that provided by you the information and instructions provided by your Recipient will take precedence in the absence of manifest error.
By using any of Your Materials as part of the Giftie Service, you warrant to White Mint and QE that you own the IPR in Your Materials and that the use of any of Your Materials as part of the Giftie Service will not infringe the IPR of any other person. You further agree that Your Materials will not contain anything that is unlawful, defamatory, misleading, obscene, discriminatory, offensive, racist or otherwise contrary to generally acceptable ethical or moral standards in the United Kingdom, or contrary to any applicable advertising code or industry code or which infringes any third party rights or may give rise to third party liability. You agree to indemnify us against any losses, costs, claims or proceedings that we may suffer or incur by reason of any breach of this provision.
You agree that you will not acquire ownership of, nor will you replicate, use or copy, and you irrevocably disclaim any and all right, title or interest in any part of the Service IP.
LIMITATIONS ON LIABILITY
We shall have no liability for any costs, claims, damage, liability or loss suffered or incurred by you or the Recipient in connection with your use of the Giftie Service or any act of omission of QE, its employees, agents or contractors, in connection with its operation of the Giftie Service or any suspension or disruption of the Giftie Portal whether arising as a result of circumstances that are in our control or not. Our maximum aggregate liability to you in relation to your use of the Giftie Portal for breach of contract, breach of warranty, misrepresentation, negligence or otherwise shall be limited to the purchase price of any products purchased by you using the Giftie Service. Notwithstanding anything to the contrary in the agreement, nothing in this agreement shall be deemed to limit or exclude a party’s liability for death or personal injury caused by that party’s negligence, fraud or fraudulent misrepresentation, or for any liability that cannot be limited or excluded by law.
We will not be in breach of our obligations or liable for any failure or delay in performance where such failure or delay is attributable to circumstances beyond our reasonable control including communication network breakdowns or any disruption, suspension or breakdown of any third party ‘cloud’, hosting or network services, or war, act of nature, or similar occurrence.
A person who is not a party to this agreement, shall have no rights to enforce the provisions of this agreement under the agreements (Rights of Third Parties) Act 1999.
GOVERNING LAW AND JURISDICTION
This agreement and any dispute between the parties arising out of the subject matter of this agreement including as to its formation, interpretation and effect and including claims based on non-contractual grounds shall be governed by English law and the parties submit to the exclusive jurisdiction of the courts of England.