ÍøÆغÚÁÏ

(a) ÍøÆغÚÁÏ Site(s) means that website located at and certain other websites owned and operated by us or our affiliates, as specified by us from time to time, including any successors or replacements thereto.

(b) Claim Code means the unique identifier issued by us for incorporation into an ÍøÆغÚÁÏ.co.uk Gift Card that may be redeemed for a specified Redemption Value via the ÍøÆغÚÁÏ Site(s) subject to the General Terms.

(c) Customised Message means a text-only message provided by you, in the form and format specified by us, to be included in an E-mail Message.

(d) E-mail Message means an e-mail that includes (i) our standard e-mail template (as determined by us) used to deliver Claim Codes, (ii) your Customised Message, if any, and (iii) a Claim Code with the Redemption Value you specify.

(e) E-mail Service means our sending E-mail Messages on your behalf to your chosen Recipients.

(f) General Terms means the terms, conditions and restrictions applicable to ÍøÆغÚÁÏ.co.uk Gift Cards in effect on the date of issuance of such ÍøÆغÚÁÏ.co.uk Gift Cards, as modified from time to time by us in our sole discretion. The current version of the General Terms may be found at /gc-legal.

(g) Recipient means an individual to whom you request that an E-mail Message be sent.

(h) Redemption Value means the denominated value for which a Claim Code may be redeemed.

(i) Required Format means the specified file format and any related instructions, as determined by us from time to time, as the method of providing Recipient’s e-mail addresses and Redemption Values in connection with your request to use the E-mail Service.

(j) Your Purchase Agreement means the existing agreement between you and us pursuant to which you purchase Claim Codes from us.

(a) Requests for the E-mail Service. To request to use the E-mail Service as the method of delivery for your Order, you must provide an e-mail address and a corresponding Claim Code amount for each Recipient in the Required Format. You may also provide a Customised Message to be included in the E-mail Message. You are solely responsible for the accuracy of the information provided to us. We will not verify that e-mail addresses you provide belong to your intended Recipients or will accept e-mails from us.

(b) Our Rights and Obligations. We may accept or reject your request to use the E-mail Service for your Order in our sole discretion. In the event that we reject your request to use the E-mail Service, we will notify you of such rejection. Upon acceptance of your request to use the E-mail Service, we will send an E-mail Message to each Recipient’s e-mail address that you have provided (an Initial E-mail).

(c) Risk of Loss. Upon the initiation of our electronic transmission of an Initial E-mail, all risk of loss and title to the Claim Code contained in the Initial E-mail will pass to you or your designated Recipients, as determined between you and your Recipients. You acknowledge that e-mails sent by us may be blocked, delayed or prevented from being delivered by destination e-mail servers or other reasons outside of our control, and we may not be aware of all delivery failures. If we receive a message from a destination e-mail server that an Initial E-mail was not successfully delivered to a Recipient (a Known E-mail Failure), the procedures in Section 2(d) will apply. Except as set forth in Section 2(d), we will have no obligation or liability to you for any undelivered Initial E-mail or Second E-mail (as defined below) and you will not be entitled to any refund or set-off for any Claim Codes contained in any undelivered Initial E-mail or Second E-mail.

(d) Undeliverable E-mails. We will notify you of the e-mail address of each Recipient for which there is a Known E-mail Failure. Subject to Section 2(e) and Section 6, within 4 business days after receiving notice of a Known E-mail Failure, you may either (i) provide a new e-mail address in the Required Format for each Recipient having a Known E-mail Failure or (ii) request that the Claim Codes for each Known E-mail Failure be sent directly to you. If you fail to respond to any notice of a Known E-mail Failure within such 4 business days, we will send any undelivered Claim Codes directly to you. If you provide new e-mail addresses within such 4 business day period, we will send an E-mail Message to each new e-mail address (a Second E-mail). If we receive a message from a destination e-mail server that a Second E-mail was not successfully delivered to a Recipient, we will notify you of the e-mail address for each unsuccessful delivery and will send you any undelivered Claim Codes.

(e) Large Volume Orders. If you have more than 10,000 Recipients included in your request to use the E-mail Service, we will send Initial E-mails to the first 1,000 Recipients (a Preliminary E-mail Send) to assess the number of Known E-mail Failures that may result from your Order. If based on the number of Known E-mail Failures resulting from the Preliminary E-mail Send we determine that your Order may include a high number of Known E-mail Failures that may adversely impact our domain’s reputation with destination e-mail servers, we may decline to send Initial E-mails to the remaining Recipients in your Order. If we decline to send Initial E-mails to the remaining Recipients, we will send the Claim Codes for all Known E-mail Failures and all unsent Claim Codes directly to you.

You hereby grant us and our affiliates a fully paid-up, world-wide, non-exclusive, licence to use your Customized Message in the delivery of the E-mail Message. You agree that we, our affiliates, our service providers and our affiliates’ service providers may use and securely store all data provided by you under these Terms of Use in order to perform our obligations, ensure your compliance with your obligations and maintain a record of such performance, in accordance with applicable law.

(a) Prohibition on Spam. You agree that you are the sender of each Initial E-mail and any Second E-mail sent by us pursuant to these Terms of Use. You agree that you will not provide any Customized Message that would make any Initial E-mail or Second E-mail to be considered as spam and/or which contravenes applicable data privacy and direct marketing law.

(b) Prohibition on Certain Content. You agree that you will not submit any Customized Message that is unlawful, pornographic, libellous, defamatory, tortious, obscene, or racially, ethnically or otherwise objectionable, or that otherwise violates the general community standards of ÍøÆغÚÁÏ Site users. We expressly reserve the right to not send any E-mail Message that contains a Customized Message that we deem, in our sole discretion, to be in violation of these Terms of Use, applicable laws or our community standards. You agree that you will not upload or otherwise transmit any materials to us or any of our affiliates that contain software viruses or any other computer code, files, or programs that will interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

You hereby represent and warrant to us that: (a) you have the right, power, and authority necessary to agree to and perform your obligations under these Terms of Use, (b) when agreed to, these Terms of Use will constitute your legal, valid and binding obligation enforceable against you, (c) you will comply with all applicable laws, statutes, ordinances, rules, regulations, orders or determinations of applicable law in your performance under these Terms of Use, (d) the Customized Message, if any, and our and our affiliates exercise of their rights under Section 3, do not and will not violate, misappropriate or infringe any intellectual property right (including but not limited to trademark rights, copyrights, moral rights and publicity rights) of any third party, (e) the Customized Message complies with Section 4, (f) you have the right, power, consent of data subjects and authority necessary to provide us each of the Recipient’s e-mail addresses, and (g) all of the e-mail addresses you provide are for Recipients located in the United Kingdom.

In the event that 5% or more of the Initial E-mails sent in connection with your Order are Known E-mail Failures (a 5% Failure), we will send you notice of such 5% Failure and you will be prohibited from any subsequent usage of the E-mail Service. Notwithstanding Section 2(d), if there is a 5% Failure, we will not be required to send any Second E-mail to any Recipient and will send the Claim Codes corresponding to each Known E-mail Failure directly to you.

(a) THE E-MAIL SERVICE IS PROVIDED AS IS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE E-MAIL SERVICE, INCLUDING ANY WARRANTY THAT THE E-MAIL SERVICE IS ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.

(b) SAVE WHERE SUCH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR AFFILIATES WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF THESE TERMS OF USE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY), INCLUDING, WITHOUT LIMITATION, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES. IN ANY EVENT, OUR ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE WILL BE LIMITED TO THE LESSER OF (A) £50,000.00, AND (B) THE AMOUNT YOU ACTUALLY PAY US PURSUANT TO YOUR PURCHASE AGREEMENT FOR THE CLAIM CODES DELIVERED VIA THE E-MAIL SERVICE UNDER THESE TERMS OF USE TO FULFIL YOUR ORDER. NOTHING IN THIS SECTION WILL LIMIT ANY OF YOUR OBLIGATIONS UNDER YOUR PURCHASE AGREEMENT.

(a) General. You will defend us and our affiliates, and each of our and their respective employees, directors and representatives against any claim, action, audit, investigation, inquiry or other proceeding and indemnify each of us and them from and against any and all costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) to the extent any of the foregoing are based on (i) any breach of these Terms of Use by you or caused by your employees, contractors or agents, (ii) your use of the E-mail Service in connection with your Order, including any associated marketing or promotional activities undertaken by you and any violations of applicable data privacy and direct marketing law, or (iii) any taxes that you are legally obligated to pay in any jurisdiction.

(b) Process. We will promptly notify you of any claim subject to Section 8(a), but failure to promptly notify you will only affect your obligations under Section 8(a) to the extent that such failure prejudices your ability to defend the claim. You may (i) use counsel of your own choosing (subject to our written consent) to defend against any claim and (ii) settle the claim as you deem appropriate, provided that (A) you obtain our prior written consent before entering into any settlement, and (B) we may assume control of the defence and settlement of the claim at any time.

You will not assign these Terms of Use, or delegate or sublicense any of your rights under these Terms of Use, without our prior written consent. The failure by us to enforce any provision of these Terms of Use will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.

These Terms of Use will be governed by the laws of the Grand Duchy of Luxembourg, without reference to its conflicts of law rules. You consent to the non-exclusive jurisdiction of the courts of the district of Luxembourg City with respect to any claim, action or proceeding arising in connection with these Terms of Use. The Parties’ rights and obligations are not governed by the United Nations Convention on Contracts for the International Sale of Goods.

These Terms of Use represent the entire agreement between the Parties with respect to your use of the E-mail Service in connection with your Order and supersede any previous or contemporaneous oral or written agreement regarding such subject matter. These Terms of Use contain the terms and conditions for using the E-mail Service and do not otherwise modify your Purchase Agreement. By agreeing to these Terms of Use you confirm that your Purchase Agreement remains in full force and effect. If any provision of these Terms of Use is held to be invalid, such invalidity will not affect the remaining provisions.