Totally Gift Terms of Use

 

TERMS AND CONDITIONS

 

Welcome to totallyGifts, (\"totallyGifts\", \"we\", \"us\", \"our\"). TotallyGifts is a giftcards which enables you to access our website, products and services where you can redeem, and manage e-gift cards, codes and/or vouchers (collectively, “gift cards”) and receive other services from TotallyGifts as described here (collectively the “services”).

Please read this document carefully as these terms of service (collectively, \"terms\") describe the legally binding agreement between you and TotallyGifts on which we offer you access to the services, including the services provided by our independent Partners.

The terms, including our privacy policy are a contract between you (\"you\", \"your\") and totallyGifts. If you do not agree to the terms, do not use the service. These terms do not affect any agreements you have with any other party for products, services or otherwise.

 

1.  INTERPRETATION

For the purpose of these terms and conditions, the following terms shall have the interpretation provided herein below;

1.1 The Code: the unique number, alphabets, bar code, on your TotallyGifts Gift Card, whether on physical gift cards, or a digital email giftcards, given digitally by TotallyGifts Gift Card through its system, having unique characters.

1.2 Registration of User: the process of registering at our website to get the eGift card having a unique code on it, which can be redeemed during your purchase from our retailers, partners or service providers.

1.3 Retailers or Partners: includes the brands or services providers listed on our website to provide you with their products and services.

1.4 Gift Card: includes hard cards in physical form of a card or in the form of a receipt. It also includes digital codes in emails.

 

2.  GENERAL TERMS 

2.1. These terms apply specifically to your TotallyGifts e-Gift Card whether in physical form or in the form of digital Code.

2.2. Once you register on our website, these terms and conditions stand applicable on you

2.3. TotallyGifts shall ensure to update the terms and conditions, privacy policy, and its cookies policy from time to time as per the requirement of prevailing laws of England and Wales. 

2.4. The user has the responsibility to visit the website and its terms and conditions from time to time, in order to stay updated.

2.5. TotallyGifts Gift cards are non-refundable, non-returnable, and cannot be exchanged for cash.

2.6. TotallyGifts Gift cards are redeemable for 12 months from sale date, and the balance shall expire after the expiration of 12-months period if not utilized.

2.7. TotallyGifts aims to have all partners available for redemption, but TotallyGifts shall not hold any liability, if any retailer/brand/partner/Service provider of your choice isn’t available to redeem your balance.

2.8. TotallyGifts shall not be responsible for any loss accrued to you due to theft, loss or damage of your GiftCards and shall not replace the same in any situation.

2.9. TotallyGifts shall in no event be responsible for any kind of unauthorized use of its Gift Cards by the user or anyone having an unauthorized custody of the Gift Cards. In case TotallyGifts suspects any kind of irregular, unauthorized or illegal activity including but not limited to the impersonation, identity theft, or use of stolen card, it shall have all the rights reserved to block such user or cancel the card in question. In case of cancellation, the remaining balance in the card shall not be retrievable unless authorized by the competent court of law or competent authority.

 

3.  REDEMPTION OF BALANCE 

3.1. TotallyGifts has a number of retailers, brands or partners listed on its websites, who have products and services for our users and enable them to redeem their e-Gift Card balance through purchases from their stores. 

3.2. Our retailers, partners or brands shall list their products and services according to the terms and conditions of their own, hence, any violation of consumer laws shall not bring TotallyGifts liable. All the partners, retailers or brands shall be solely responsible for the compliance of their terms and conditions with the prevalent applicable laws of England and Wales.

3.3. For the purpose of registration for our Gift Cards, you will be required to provide us with your personal contact number, email address or physical address.

 

4.  RETURN OF CARDS OR CODE

TotallyGifts does not accept return of Cards or Code once purchased. The cards or Codes are non-returnable, and non-refundable in any case except as directed by the competent court of jurisdiction, competent authority or only if authorized by the law of land. However, the TotallyGifts accepts the return of card or code in exceptional circumstance like if the card or code does not work, or is incorrect.

 

5.  LIMITATION OF LIABILITY

In no event will TotallyGifts be liable to you or any third party for any incidental, special, indirect, consequential, exemplary or punitive damages whatsoever including, but not limited to, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses arising out of or related to the Service and content contained, except only in cases of negligence by TotallyGifts in anticipated events.

 

6.  MISCELLANEOUS TERMS

8.1 Your account with TotallyGifts and any access to the products and services is and shall remain at the sole and absolute discretion of TotallyGifts. TotallyGifts will reserve the right to change, suspend, remove, discontinue or disable access to the Service at any time and without notice. In no event will TotallyGifts be held liable for the removal of or disabling of access to any part or feature of the Service.

8.2 Should any provision of these Terms be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

8.3 Enforcement of the Terms is solely at our discretion and TotallyGift’s failure to enforce a provision in some instances does not constitute a waiver of our right to enforce such provision in other instances.

8.4 TotallyGifts can assign these Terms and its rights or delegate its obligations without your consent.

8.5 All provisions contained in these Terms shall extend to and be binding upon you and TotallyGift’s successors and assignees. You may not assign these Terms to another person or entity.

8.6 You also acknowledge and agree that to the extent that there are any applicable warranties or other claims, losses, damages attributable to any failure to conform to any such applicable warranty; such will be the sole responsibility of TotallyGifts. You will understand and agree that in accordance with these Terms, TotallyGifts has disclaimed all warranties of any kind with respect to TotallyGift’s website, and therefore there are no warranties applicable to such applications.

8.7 TotallyGifts shall ensure to abide by its privacy policy and all the applicable data protection laws in order to protect the information provided by you.

8.8 Any Dispute between TotallyGifts and its users shall be resolved under the laws of England and the courts of England and Wales shall have the exclusive jurisdiction for the resolution of such claims.

 

Contact Us

Don\'t hesitate to contact us if you have any questions at customercare@totallygiftcards.com


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