Last edition – 7thof August 2019
ATTENTION: use of our Website is not intended for or directed at persons under the age of 18. Voucher Shares service may only be used by individuals (not commercial organisations) that are at least 18 years old. By accepting these General Terms and Conditions you declare that you are an individual and and at least 18 years old.
Please read these General Terms and Conditions (“GTC”) carefully before using this website or the Service.
These GTC explain how the Service may be used. By accessing the Service, you agree to be bound by and comply with these GTC and the documents and policies referred to in these GTC. If you do not agree to be bound by these GTC, you must not use the Service.
The Service is operated by Voucher Shares limited, a company operating under the UK laws, registered in England and Wales, registration No 11628958, 351a Cambridge Heath Road, London, UK, E2 9RA ("us” “we” or “our" or “Voucher Shares” or “Voucher Shares Platform”).
1 Description of Services, Acceptance of Voucher Shares General Terms and Conditions.
1.1 By accepting these General Terms and Conditions, you commit to use the Voucher Shares Service only for purposes that are not related to commercial or self-employment activities. A commercial purpose exists when recommendations are made regularly and in larger volumes with the intention of earning a regular profit.
1.2 If you intend to use the Voucher Shares Service for a commercial purpose at the time of registration with Voucher Shares or if You demonstrate such an intention after registration, you, by accepting these General Terms and Conditions, commit to inform Voucher Shares about this fact immediately in writing. Voucher Shares reserves the right to exclude you from the use of the Voucher Shares Service, to terminate the agreement with you without notice, or to authorize such commercial use on an individual case-by-case basis.
1.3 When using the Voucher Shares Service, Users act independently and are not subject to any directions from Voucher Shares. Users are solely responsible for complying with any laws, regulations, statutory provisions, including relevant tax laws and trade law regulations that apply to them.
1.4 Access to the Service using mobile devices may be restricted and not all features may be available.
1.5 We may prevent or suspend your access to the Service if you do not comply with any part of these GTC, any terms or policies to which they refer, or any applicable law.
1.6 In the event of any stoppage or suspension of Services falling within clause 1.3 above, we may charge you up to £230 by way of liquidated damages for the loss suffered by us. This may be paid by way of retention from any monies on your Account balance with us, or charged to you. You and us both agree and confirm that the above sum represents a genuine pre-estimate of our loss. However, this clause shall not prevent the assertion of any claims for greater losses actually incurred.
2.1 Voucher Shares is not a representative of its Partners (Retailers and Service providers listed on Voucher Shares website). Therefore, by entering into an agreement based on these GTCthe User and Voucher Shates, no legal relationship between the User and a Partner is formed.
2.2 The purchase of goods, services or other transactions on the webpage of a Partner by Users or Customers is a separate legal transaction between such User or Customer and the Partner; Voucher Shares is not a party to this legal transaction. Claims arising under this legal relationship can only be brought against the Partner.
3.2 Each User may only register once. The User is obliged to provide truthful information in the fields of the registration form.
3.3 Registration can be done via the Website, Mobile APP, as well as in connection with making a recommendation for the first time using the Voucher Shares recommendation widget.
3.4 Upon full registration, the User submits an offer to enter into a contractual relationship with Voucher Shares on the basis of these GTC. The agreement between the User and Voucher Shares is concluded only with the confirmation of the registration by Voucher Shares by sending a confirmation email. Voucher Shares reserves the right to reject a registration request without giving any reason.
3.5 The Voucher Shares Service is carried out exclusively on the basis of these GTC. Any other terms or conditions proposed by a User are hereby expressly excluded, if and to the extent those terms contradict or complement these GTC. The permission to use the Voucher Shares Service is not transferable and strictly reserved for the registered User.
3.6 This agreement is entered into for an unlimited period of time
4 Marketing Service
4.2 No responsibility or liability is accepted by us for third parties’ offers of goods and or services.
5 Conditions of Use
5.1 The Service is strictly for personal use only. By accessing the Service, you undertake only to make personal use of the Service and not to make any commercial use of the Service. You must at all times keep your password confidential. You must not permit any third party to access your user Account for the Service.
5.2 You are responsible for all the details you provide. Before accessing the Service, you warrant that you are at least 18 years of age and that all your details provided to us in relation to the Service are true and up-to-date at all times, including payment and contact details.
5.3 You undertake to refrain from presenting data from third parties as yours. Providing false details or details made with fraudulent intentions, in particular providing the bank or credit card details of a third party without their consent, will carry legal consequences.
Publication of content and accuracy
5.4 You are solely responsible for the content that you publish or display on the Service, or transmit to other Users. By posting content to any public area of the Service, you automatically grant, and you guarantee that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, worldwide license to use such information and content, and to grant and authorize sublicensing of this content.
5.5 We do not verify the accuracy or truth of any information published by Users. Whilst we are entitled, but not obliged, to investigate the content of profiles, for compliance with the law in general, with these GTC and with the rules specified by us on the relevant web pages and, if necessary, to reject, modify or even delete the content in question.
5.6 You undertake to furnish no information that you are not explicitly requested to provide. In particular, this applies to names, residential addresses, e-mail addresses, web addresses, telephone numbers and fax numbers.
5.7 You undertake to treat other customers’ data (in particular names, residential addresses, e-mail addresses, web addresses, telephone numbers and fax numbers), e-mails and other forms of correspondence that you obtain in connection with your use of the Service with confidentiality; you also undertake to refrain from making these accessible to third parties without the consent of their originator. It is also forbidden to pass on the data of non-customers as part of the Service or otherwise.
5.8 You warrant that you have no commercial intentions and will refrain from using the information entrusted to you for commercial purposes or for purposes that breach the GTC. You also undertake to refrain from sending "chain mail" or similar.
Misuse of the Service
5.9 You must not misuse the Service in any way, including, without limitation, as set out below:
5.10 At all times you undertake:
5.10.1.not to misuse the Service in order to distribute or upload defamatory, objectionable, explicit or otherwise illegal material (e.g. but not limited to material that infringes third party rights such as photos of third parties); threaten or harass others and/or violate their rights; to pledge or demand money or payment in kind; Not to impersonate any third person (including a fictitious person) and/or create false or deceptive Accounts on the Service
5.10.2.not to misuse the Service or websites by introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Service or websites, the server on which our Service and websites are stored or any connected server, computer or database. You must not attack our Service or websites via a denial-of-service attack or a distributed denial-of-service attack. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Service will cease immediately;
5.10.3.not to upload any data to the Service containing software or other material that are copyright protected or protected by other rights unless you are the owner of the rights in question or have obtained the consent necessary to use the software or materials from the holder of the rights;
5.10.4.not to use the Service in such a way that the availability of the Service to other customers are negatively affected or use the Service in such a way as to harass or interfere with the privacy, safety or security of any person;
5.10.5.not to intercept e-mails or make any attempt to do so.
If you use the Service in conjunction with business interests or use the details and data entrusted to you for commercial purposes without obtaining Voucher Shares written consent, you shall pay to us the sum of £7750 as liquidated damages for each proven contravention or the highest amount permitted by law, without prejudice to any other claim for damages. You and us both agree and confirm that this sum represents a genuine pre-estimate of our loss.
Deletion of your Account
5.11 We are entitled to delete your Account if you have not used the Service for more than six (6) months from the database, even without consultation or notice. On the one hand, this measure helps to protect your data as, after this period has elapsed, we will be forced to assume that you are no longer interested in the storage of your data; on the other hand, the measure serves to keep the database free of inactive customers, thereby improving the Service offered by us.
SPECIAL CONDITIONS FOR EU CUSTOMERS: Right of withdrawal
Right of withdrawal
5.12 You have the right to withdraw from this contract within 14 days of entering the GTC without giving any reason.
5.13 The withdrawal period will expire after 14 days from the day of entering the GTC.
Voucher Shares Limited.
Registered in England and Wales, registration No:11628958.
Data Protection Act registration No: ZA527321.