1. DEFINITION AND INTERPRETATION OF TERMS USED IN TERMS AND CONDITIONS AND PRIVACY POLICY
"Gift Card" means the gift card you receive as confirmation of your purchase of a specific/non specific activity, event or experience from Scotsman Gift Cards.
"Supplier" means the person, firm or company providing the activity, event or experience in relation to which you purchase the gift card.
"You/your" means the person, firm or company accessing, using, ordering or dealing with our Site as a customer.
"the Act" means the Data Protection Act 1998.
2. TERMS AND CONDITIONS
This document (the "Terms and Conditions") together with our (
Privacy Policy) outlines the Terms and Conditions on which you may make use of our
website) ("our Site"), whether as a guest or a registered user. Please read these Terms and Conditions carefully before you start to use the Site. By using our Site, you indicate that you accept these Terms and Conditions and that you agree to abide by them. If you do not agree to these Terms and Conditions, please refrain from using our Site.
3. INFORMATION ABOUT US
scotsmangiftcards.co.uk is a Site operated by Scotsman Gift Cards Limited ("we/our/us"). We are registered in Scotland under company number SC35081 and have our registered office at 70 Hamilton Drive, Glasgow, G12 8DR which is also our main trading address.
3.1 USING OUR SITE
Any username, password or other piece of information you select or are provided with as part of our security procedures, must be treated as confidential, and you must not disclose to any third party. If in our opinion you have failed to comply with any of the provisions of the Terms and Conditions or Privacy Policy, we reserve the right to disable any username or password, whether chosen by you or allocated by us, at any time.
4. PRICE AND PAYMENT
4.1 The price we charge you for the Gift Cards at the time of payment is correct and includes VAT where applicable. We reserve the right to alter the price of any Gift Cards advertised on our Site without notice.
4.2 When you make your order with us, we will process your payment through Sage Pay which is 100% secure. We cannot accept payment with cash or cheque. For details of how to pay please see
our help page.
5. DELIVERY OF GIFT CARDS
Once you have made full payment for the Gift Card, you will receive an email confirming your order and receipt of payment. For information on delivery, please see
our help page.
6. SUPPLIER'S TERMS OF BUSINESS
We act as an agent for the promotion of the Supplier's services (e.g. the company providing the afternoon tea experience, cook school activities). When you make full payment through us you will be bound by the terms and conditions of the Supplier. Therefore we recommend that before you make use of the experience you should familiarise yourself with the Supplier's terms and conditions which are available via a link on the email from us confirming your purchase. It is the responsibility of the Supplier to tell you its terms and conditions and to ensure that you understand you are bound by them.
7. ACCESS TO OUR SITE
Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period.
8. RELIANCE ON CONTENT ON OUR SITE AND LINKS FROM/TO OUR SITE
8.1 Where our Site contains links to other Sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those Sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
8.2 Commentary and other materials (such as descriptions of experiences) on our Site are not intended to amount to advice on which reliance should be placed and will contain editorial content created for entertainment value. We recommend that you visit the Supplier's website for detailed descriptions and information for the relevant experience. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
9.2 You may print or download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others within your organisation to material posted on our Site.
9.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
9.4 You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
9.5 If you print off, copy or download any part of our Site in breach of these Terms and Conditions, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
10. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
We process information about you in accordance with our
Privacy Policy). By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
11. OUR LIABILITY
11.1 We take every care in choosing the Suppliers, however this does not mean we guarantee their safety standards or the satisfactory performance of any of the Suppliers.
Therefore, subject to Clause 12.4, we shall not be liable to you, whether in contract, tort, breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the purchase by you of any Gift Card (including any losses that may result from the Supplier's acts or omissions or the acts or omissions of the Supplier's employees, agents or subcontractors).
11.2 Subject to Clause 12.1, our total liability to you in respect of all other losses arising under or in connection with the purchase of any Gift Card by you, whether in contract, tort, breach of statutory duty, or otherwise shall not exceed the greater of £100 or the face value of any Gift Card purchased by you from us.
11.3 Subject to Clause 12.4, the material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law we hereby expressly exclude liability for:
11.3.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
11.3.2 any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:-
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of goodwill;
(g) wasted management or office time; and
(h) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of, or damage to, your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
11.4 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
12. REGULAR UPDATES TO OUR SITE
We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
13. OUR RIGHT TO REVISE THESE TERMS AND CONDITIONS
13.1 These Terms and Conditions may be revised by us at any time by amending this page. You are expected to check this page from time to time to take notice of any changes made by us, as they are binding on you. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our Site.
13.2 You will be subject to the terms and conditions in force at the time that you make payment, unless any change to the terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or the terms and conditions before we send you the email confirming your order (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Gift Card).
14. JURISDICTION AND APPLICABLE LAW
14.1 The Scottish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site.
14.2 These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland.
15. CIRCUMSTANCES OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations in relation to the Gift Cards that is caused by events circumstances our reasonable control (Force Majeure Event).
16. SUMMARY OF AGREEMENT
16.1 The whole agreement between us is constituted by these terms and conditions and any document expressly referred to in them, this supersedes all previous discussions, correspondence, negotiations, previous arrangement, agreement or understanding between us relating to the subject matter of any contract.
16.2 Each of us agrees that, in entering into a contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
16.3 We each acknowledge that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
16.4 Nothing in this clause limits or excludes any liability for fraud.
17. YOUR CONCERNS
If you have any concerns about material which appears on our Site, please contact us.
18. VALIDITY
All gift cards purchased on this website are strictly valid for 12 months after date of purchase.
Thank you for visiting our Site.
