Website Terms and Conditions

Thank you for visiting our website. This website is owned and operated by WellyCard. By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (available at https://www.wellycard.com/privacy-policy) ( Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.

In these Terms, ‘us’, ‘we’ and ‘our’ means WellyCard and its related bodies corporate.

IMPORTANT INFORMATION

The Information contained in, or accessed through, this website is for your general information and use only and is not intended to be, or be used as medical advice. Information provided as part of this website may be used to assist you to purchase your smart e-gift card and browse or search for service providers that you can use your smart e-gift card with. However, this website is not a diagnostic tool and information provided through it and use of these services are not medical advice nor are they a substitute for independent professional advice and should not be used or relied on as an alternative to professional health care. If you have a particular medical problem, please consult a healthcare professional.

1 Registration

In order to use our services you will need to register an account or use the ‘Guest Checkout’ function of our website.

When you register and activate your account, you will provide us with personal information such as your name, address and telephone number. You must ensure that this information is accurate and current.

We will handle all personal information we collect in accordance with our Privacy Policy https://www.wellycard.com/privacy-policy

When you register and activate your account, you will submit a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

    To create an account, you must be:
  • - at least 18 years of age;
  • - possess the legal right and ability to enter into a legally binding agreement with us; and
  • - agree and warrant to use the website in accordance with these Terms.

2 Collection Notice

We take the privacy of your Personal Information (defined in our Privacy Policy) seriously. We collect personal information about you to facilitate your use of our website and service as set out in our Privacy Policy at https://www.wellycard.com/privacy-policy .

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you. We may also disclose your personal information to recipients that are located outside of the United Kingdom.

    Our Privacy Policy explains:
  1. how we store and use, and how you may access and correct your personal information;
  2. how you can lodge a complaint regarding the handling of your personal information; and
  3. how we will handle any complaint.

If you would like any further information about our privacy policies or practices, please contact us at hello&wellycard.com. We encourage you to carefully review our Privacy Statement a detailed explanation of these important disclosures.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

3 Accuracy, completeness and timeliness of information

The information on our website is not comprehensive and is intended to provide a summary of the service we offer. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the United Kingdom Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

4 Availability, Disruption and Downtime

While we strive to always make our website available to you, we do not make any promises that these will be available 100% of the time. Our website may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.

The website may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.

Our website may also contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

We will try to provide you with reasonable notice, where possible, of any disruptions to your access to our website.

5 Promotions and competitions

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

6 Terms and conditions of sale

  1. Buying smart e-gift cards

      To purchase a smart e-gift card, you must complete the online ordering process, which requires you to:
    • select the type of smart e-gift card, insert a message, the quantity of smart e-gift card(s) you wish to order, and the amount which you wish to be loaded onto each smart e-gift card;
    • register for online purchasing by providing your name, company name (if purchasing on behalf of a company), email address, contact details and then creating a password. These details can be changed at any time. You only need to register once. For subsequent online purchases you only need to enter your registered email address and password;
    • provide the name and address in the United Kingdom of the recipient to whom the smart e-gift card(s) is/are to be sent (which may be yourself or another person), or the name and email address or mobile number (for delivery via SMS) of the person to whom the smart e-gift card(s) is/are to be sent (which may be yourself or another person). Delivery is only to one email address or mobile number via SMS provided for the smart e-gift card(s) purchased in a single order; and
    • nominate a method of delivery:
      • email delivery to the recipient’s email address, or
      • delivery via SMS to the recipient’s mobile number.
    • You will be able to view and manage all Gift Cards purchased in your Card History.
    • When you make a purchase on behalf of another individual (such as purchasing a gift card for them) and you provide us with their personal information, you warrant that you are authorised to provide us with that personal information and that we are able to use that personal information for the purposes as set out in our Privacy Policy. This would include, for example, their email address for the purpose of delivering the gift card you have purchased.
  2. Order confirmation

    • You will receive an order confirmation to your nominated email address after completing the online ordering process.
    • It is your responsibility to ensure you enter your email address and other contact details correctly when you complete the online ordering process. Failure to do so may result in you not receiving the email confirmation of your order.
  3. Pricing policy

    • We reserve the right to change our prices without notice. All prices include Goods and Services Tax (GST).
    • We charge a transaction fee to recover the costs incurred from electronic transactions.
  4. Payment methods and security

    • Our smart e-gift cards may be purchased using all major credit cards, Apple Pay, and Google Pay.
  5. Terms and conditions applying to a smart e-gift card

    • You should consider the terms and conditions of use for the relevant smart e-gift card in deciding whether to acquire a smart e-gift card.
    • By purchasing a smart e-gift card from this website, you agree to be bound by:
      • these Terms; and
      • the terms and conditions of use for the relevant smart e-gift card. The relevant smart e-gift card terms and conditions include provisions governing, among other things, the period of validity, cancellation policy and participating providers for each of the smart e-gift cards. Visit the smart e-gift card's website for the full terms and conditions of each smart e-gift card.

7 Using smart e-gift cards with service providers

You can also use our website and platform to browse through service providers that you can use your smart e-gift card with.

The services of these service providers are provided independently of us. You acknowledge and agree that we do not verify the listings of service providers and that you are responsible for ensuring that the listing and services of a service provider are appropriate for your needs.

You will need to contact the service provider directly to ensure that the services, pricing and content of the listing are accurate and can be redeemed with your smart e-gift card.

This website is a directory only and any additional interactions between you and the service provider are independent of us. You will contact, book, pay and deal with the service provider independent of this website.

9 Reviews

You may review your experience with service providers on our website. We may remove service providers from our website and receiving smart e-gift cards (at our sole discretion) who receive a high number of negative reviews.

You agree to provide true, fair and accurate information in your review. If we consider that your review is untrue, unfair, inaccurate, offensive or inappropriate, or is against any applicable laws or regulations, we may delete the review or ban you from posting further reviews. We do not undertake to review each review. To the maximum extent permitted by law, we are not responsible for the content of any review.

You may only write a review about your own experience. You must not write a review about another person's experience. If you have been offered an incentive (such as a gift, reward, discount or payment) for leaving a review, you should include information about this in your review. You must not disclose any personal information in your review.

10 Guarantees and Warranties required by Law

In the United Kingdom (UK), our goods and services come with guarantees that cannot be excluded under the UK consumer law. Nothing in these terms and conditions purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the UK competition and consumer act and other laws. Any and all other warranties or conditions which are not guaranteed by the UK consumer law or the Competition and Consumer Regulations 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

We do not accept refunds for change of mind or other circumstances. However, you may have rights to a repair, replacement or refund under the UK Consumer Law.

11 Interactions or disputes between service providers and you

You may have consumer law rights and remedies in respect of services offered by service providers. You acknowledge and agree that we do not have any role in the interactions between you and the service providers. Both paties are responsible for booking services, payment (including through the use of a smart e-gift card), and any other aspect of the transaction between them. The cancellation and refund of any amounts paid for services provided by a service provider is strictly a matter between service providers and you.

We encourage you and service providers to attempt to resolve disputes (including claims for refunds or remedies) directly and in good faith, either through our website or through external communication methods. In the event that a dispute cannot be resolved through these means, you and the service provider may choose to resolve the dispute through other means, such as mediation. We are not responsible for mediating or resolving disputes between you and a service provider.

12 Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content.).

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.

13 No commercial use

This website is for your personal, non-commercial use only. Smart e-gift cards may not, without our prior written consent be resold or offered for resale or used for advertising, promotion or other commercial purposes.

14 Unacceptable activity

  • You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
  • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
  • using this website to defame us, our employees or other individuals;
  • uploading files that contain viruses that may cause damage to our property or the property of other individuals;
  • posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
  • If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

15 Warranties and disclaimers

To the maximum extent permitted by law, including the UK Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

16 Liability

To the maximum extent permitted by law, including the UK consumer law, in no event shall we be liable for any direct and indirect loss, damage or expense — irrespective of the manner in which it occurs — which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date. To the maximum extent permitted by law, we will also not be liable for, and you release us from liability for, any aspect of the interactions between you and a service provider or for your computing environment (for example, your hardware, software, information technology and telecommunications services and systems).

Our aggregate liability for any liability arising from or in connection with these Terms will be limited to the Price paid by you to us in respect of the supply of the relevant smart e-gift card to which the liability relates.

17 Jurisdiction and governing law

Your use of the website and these Terms are governed by the laws of UK and you irrevocably and unconditionally consent and submit to the to the non-exclusive jurisdiction of the courts exercising jurisdiction in that place.