WEBGIFTS ONLINE LIMITED

TERMS OF WEBSITE USE

1. Terms of use

    These terms of website use (together with the documents referred to in them) (Terms) set out the terms on which you may make use of our website www.pennygifts.com (Our Site), whether as a guest or a registered user. Please read these Terms carefully before you start to use Our Site. By using Our Site, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using Our Site.

    www.pennygifts.com is a site operated by Web Gifts Online Limited (We or Us). We are a limited company. We are registered in England and Wales under company number 06031813 and have our registered office at Carn Brea Studios, Barncoose Industrial Estate, Redruth. Cornwall, TR15 3RQ. Our VAT number is 912940042.

2. Advertisements

    Advertisements displayed on Our Site are provided by third party advertising companies. We have no control over the contents of those advertisements and accept no responsibility for them.

3. Communications

    When you access Our Site you will communicate with us electronically. We will contact you electronically by email and displaying notices on Our Site. You agree that communicating to you electronically satisfies our requirement to communicate to you in writing.

4. Use of the website

    4.1 Access to Our Site is permitted on a temporary basis. We reserve the right to withdraw or amend the Services and/or Pennygifts (as defined in our Terms and Conditions for Supply of Services (Conditions)) or any part of them that We provide on Our Site without notice (see below). We will not be liable if for any reason Our Site is unavailable at any time or for any period.

    4.2 From time to time, We may restrict access to all or some parts of Our Site to users who have registered with us.

    4.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.

    4.4 You are responsible for making all arrangements necessary for you to have access to Our Site. You are also responsible for ensuring that all persons who access Our Site through your internet connection are aware of these Terms, and that they comply with them.

5. Intellectual property (IP) rights

    5.1 We are the owner or licensee of all IP rights in connection with text and images (moving and still) relating to the Pennygifts (as defined in our Conditions) on Our Site (Works) and of all other materials on Our Site (Materials). For the avoidance of doubt, Materials include without limitation the Works and any other text, images and sound (moving and still) that may appear from time to time on Our Site. Those Materials are protected by copyright laws and treaties around the world. All such rights are reserved.

    5.2 Some of the Materials displayed on Our Site are provided to Us under a licence by third party authors for your information only.

    5.3 You may print off one copy of such Works and Materials, and may 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 Materials posted on Our Site. You may not print off any copies of Materials displayed on Our Site which are owned by third party authors.

    5.4 You must not, except as allowed under any relevant licence, modify the paper or digital copies of any Materials you have printed off or downloaded from Our Site in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

    5.5 Our status (and that of any identified contributors) as the authors of the Materials on Our Site must always be acknowledged.

    5.6 You must not use any part of the Materials displayed on Our Site which are owned by third party authors for commercial purposes without obtaining a licence to do so from us or our licensors(as applicable).

    5.7 You must, where any such details are provided, comply with any licence, instructions, guidelines and restrictions relating to the Materials. For the avoidance of doubt We strongly recommend that before dealing in anyway with any of the Materials, you first click on any link to a licence attached to the relevant Materials detailing the terms which govern their use.

    5.8 If you print off, copy, download or deal in anyway with the Materials found on any part of Our Site, including Materials owned by third party authors in breach of these Terms, 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.

    5.9 Whilst We have obtained in good faith all licenses relating to Materials provided by third parties, We make no warranty that such licences are valid. We therefore make no warranty that it would not constitute a breach of any copyright, IP right, or applicable local, national or international law or regulation (“Laws”) for you to deal in anyway with the Materials in or on Our Site, notwithstanding that you may have complied with any attached licence, instructions, guidelines and restrictions relating to the Materials in question.

    5.10 If at any time We discover or it is drawn to our attention that any Materials are being displayed on Our Site in breach of any of the Laws referred to above, We will remove the Materials in question from Our Site. We reserve the right to, at our sole discretion, substitute the removed Materials with any other Materials which We deem appropriate.

    5.11 THE USER'S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF THIS CLAUSE

    Where a third party author is the owner of the copyright in the Materials, such third party must always be acknowledged as such. The third party author retains the right to commence an action against you for any copyright infringement.

    5.12 We have registered the trade mark Pennygifts (registration number 2466327). We do not purport to licence, sell or assign such rights in anyway.

6. Payment

    Payment terms in respect of our Services and/or the Pennygifts are set out in Our Conditions. Contracts for the sale of goods between you and third party sellers formed through Our Site are governed by the third party seller's terms and conditions of sale of goods. You agree to be responsible for making all payments due to the third party seller in accordance with their terms and conditions.

7. Reliance on information

    Materials posted on Our Site are not intended to amount to advice on which reliance should be placed. 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.

8. Our Site changes regularly

    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 Materials on Our Site may be out of date at any given time, and We are under no obligation to update such Materials. You are expected to check these Terms from time to time to take notice of any changes we have made to them, as they are legally binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on Our Site.

9. Our liability

    9.1 The material displayed on Our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the fullest extent permitted by law, We, other members of our group of companies and third parties connected to us hereby expressly exclude:

      (a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

      (b) Any liability for 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: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and 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.

    9.2 Nothing in these Terms affects 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.

10. Interruption to your use of our site

    10.1 We do not warrant that your use of Our Site will be uninterrupted and We disclaim all liability for all interruption on Our Site.

    10.2 We shall endeavor to ensure that the Our Site will perform substantially in accordance with the site specification (Site Specification), unless specified in accordance with Our Conditions. If the Website does not so perform, We shall, for no additional charge, carry out any work necessary in order to ensure that Our Site substantially complies with the Site Specification.

      1. The obligations set out in clause 10.2 shall not apply to the extent that any failure of Our Site to perform substantially in accordance with the Site Specification is caused by the your website software or any of your Materials.

11. 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.

12. Uploading material to Our Site

    12.1 Whenever you make use of a feature that allows you to upload material to Our Site, or to make contact with other users of Our Site, you must comply with the content standards set out below. You warrant that any such contribution does comply with those standards, and you indemnify us from any action arising from any breach of that warranty.

    12.2 Any material you upload to Our Site will be considered non-confidential and non-proprietary, and We have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to Our Site constitutes a violation of their IP rights, or of their right to privacy.

    12.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of Our Site.

    12.4 We have the right to remove any material or posting you make on Our Site if, in our opinion, such material does not comply with the content standards set out below.

13. Viruses, hacking and other offences

    13.1 You must not misuse Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack Our Site via a denial-of-service attack or a distributed denial-of service attack.

    13.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Site will cease immediately.

    13.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Site or to your downloading of any material posted on it, or on any website linked to it.

14. Linking to Our Site

    14.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

14.2 You must not establish a link from any website that is not owned by you.

    14.3 Our Site must not be framed on any other site, nor may you create a link to any part of Our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out below.

    14.4 If you wish to make any use of material on Our Site other than that set out above, please address your request to contact us.

15. Links from Our Site

    15.1 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.

    15.2 You should use all other sites linked from Our Site in accordance with their respective terms and conditions of use. You should not use the contents of those sites, resources or adverts in anyway which may constitute a breach of their terms and conditions of use or would cause Us to be in breach of their terms and conditions of use.

    15.3 You should only respond to advertising on Our Site if you have a genuine and actual interest in it. In particular any pay per click online advertising should not be used excessively, maliciously or any way which would constitute an internet crime or click fraud.

16. Prohibited uses

16.1 You may only use Our Site for lawful purposes. You may not use Our Site:

    1. in any way that breaches any applicable local, national or international law or regulation;
    2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
    3. for the purpose of harming or attempting to harm minors in any way;
    4. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
    5. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
    6. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
    7. to infringe any applicable laws, regulations or third party rights (such as material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous or in breach of any third party Intellectual Property Rights) (Inappropriate Content).

    16.2 You acknowledge that We have no control over any content placed on the Website by visitors and that We do not purport to monitor the content of Our Site. We reserve the right to remove content from the Website where we reasonably suspect such content is Inappropriate Content. We shall notify you if we become aware of any allegation that content on Our Site may be Inappropriate Content.

    16.3 You shall indemnify Us against all damages, losses and expenses arising as a result of any action or claim that the Materials or any other material posted to, or linked to, Our Site constitutes Inappropriate Content.

16.4 You also agree:

    1. not to reproduce, duplicate, copy or re-sell any part of Our Site in contravention of the provisions of our Terms
    2. not to access without authority, interfere with, damage or disrupt;
    3. any part of Our Site;
    4. any equipment or network on which Our Site is stored;
    5. any software used in the provision of Our Site; or
    6. any equipment or network or software owned or used by any third party.



17. Interactive services

    17.1 We may from time to time provide interactive services on Our Site, including, without limitation bulletin boards containing user's reviews (Interactive Services).

    17.2 Where We provide any interactive service, We will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

    17.3 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on Our Site, and We will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, We are under no obligation to oversee, monitor or moderate any interactive service We provide on Our Site, and We expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

    17.4 The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

    17.5 Where We do moderate an interactive service, We will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

18. Content standards

    18.1 These content standards apply to any and all material which you contribute to Our Site (Contributions), and to any interactive services associated with it.

    18.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

18.3 Contributions must:

    a) Be accurate (where they state facts).

    b) Be genuinely held (where they state opinions).

      c) Comply with applicable law in the UK and in any country from which they are posted.

18.4 Contributions must not:

    a) contain any material which is defamatory of any person;

      b) contain any material which is obscene, offensive, hateful or inflammatory;

      c) promote sexually explicit material;

      d) promote violence;

      e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

      f) infringe any copyright, database right or trade mark of any other person;

    1. be likely to deceive any person;
    2. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
    3. promote any illegal activity;
    4. be threatening, abuse or invade another´s privacy, or cause annoyance, inconvenience or needless anxiety;
    5. be likely to harass, upset, embarrass, alarm or annoy any other person;
    6. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
    7. give the impression that they emanate from us, if this is not the case; and
    8. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

19. Suspension and termination

    19.1 We will determine, in our discretion, whether there has been a breach of these Terms through your use of Our Site. When a breach of this policy has occurred, We may take such action as We deem appropriate.

    19.2 Failure to comply with these Terms may result in our taking all or any of the following actions:

      a) Immediate, temporary or permanent withdrawal of your right to use Our Site.

      b) Immediate, temporary or permanent removal of any posting or material uploaded by you to Our Site.

      c) Issue of a warning to you.

      d) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

      e) Further legal action against you.

      f) Disclosure of such information to law enforcement authorities as We reasonably feel is necessary.

    19.3 We exclude liability for actions taken in response to breaches of these terms of use. The responses described in this policy are not limited, and We may take any other action We reasonably deem appropriate.

20. Jurisdiction and applicable law

    The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to Our Site although We retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms are governed by English law.

21. Your concerns

    If you have any concerns about material which appears on Our Site, please contact contact us.

Thank you for visiting Our Site.