The following form creates an entry in our Customer Relationship Database. By submitting the form we will record details of your enquiry, We normally respond within one business day.
Charityfair.co.uk is the trading style of are brands of Gift Fairs Limited, registered in England and Wales with Limited Liability. Company Registered Number 11693063. Registered Office: Park Lane Farm, Sutton Bonington, Nottinghamshire, LE12 5NH, United Kingdom.
© All Rights Reserved.
This policy was last updated on 12th February 2019.
It describes the information that we collect from you as part of the normal operation of our Site, and how we disclose and secure this information. It also describes your choices regarding use, access and correction of your personal information.
What Information Do We Collect?
Our primary purpose in collecting personal information from you is to provide you with a safe, smooth, efficient, and customised experience. This allows us to provide services and features that most likely meet your needs, and to customise our service to make your experience safer and easier. We only collect personal information about you that we consider necessary for achieving this purpose.
In general, you can browse the Site without telling us who you are or revealing personal information about yourself. Once you become a User, we require you to provide various contact and identity information, billing information, and other personal information as indicated on the relevant forms on the Site (which vary, depending on what kind of User you are). Where possible, on these forms we indicate which fields are required and which fields are optional.
In addition, as you use the Site, you can from time to time enter or send to us personal information. For example, if you are a Vendor, you can enter your own listings, terms of service and other billing information, and if you are a Customer you can enter information about payment of any invoice submitted by a Stallholder. As you use the Site you can also from time to time enter personal information about third parties. For example, if you are an Event Organiser, you can enter personal information about your Customers or your staff.
You always have the option to not provide information by choosing not to become a User or by not using the particular feature of the Site for which the information is being collected.
If you are a Stallholder or Customer, we may collect your payment information for billing and payment purposes.
We also automatically track certain information about you based upon your behaviour on our Site and store it through log files. We use this information to do internal research on our users’ demographics, interests, and behaviour to better understand, protect and serve you and our community. This information may include the URL that you just came from, which URL you next go, your computer browser information, and your IP address. We may provide Customers’ IP addresses to payment intermediaries in the course of the payment process.
Technologies such as cookies and similar technologies are used by The Site and our partners for various purposes (e.g., advertising, marketing and analytics). These technologies are used in analysing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
How We Use Your Information
We use personal information in the file we maintain about you, and other information we obtain from your current and past activities on the Site, to provide to you the services offered by the Site; resolve service and billing disputes; troubleshoot problems; bill any amounts due from you; measure consumer interest in our products and services, inform you about online and offline offers, products, services, events and updates; deliver information to you that, in some cases, is relevant to your interests, such as product news; customise your experience; detect and protect us against error, fraud and other criminal activity; enforce our Terms and Conditions of Use, provide you with system or administrative messages, and as otherwise described to you at the time of collection. On occasion we use email address or other contact information to contact our Users.
We may also use personal information about you to improve our marketing and promotional efforts, to analyse Site usage, to improve our content and product offerings, and to customise the Site’s content, layout, and services. These uses improve the Site and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customised experience while using the Site. If you wish to subscribe to our newsletters, we will use your name and email address to send the newsletter to you.
Out of respect for your privacy, we provide you a way to unsubscribe in the email. If you wish to no longer receive our newsletters you may update the settings in your account, follow the instructions located in the email.
Our Disclosure of Your Information
Stallholders and Customers, etc. In the normal operation of the Site Order Information (including information entered by “staff” members) Customer Information and Invoices are disclosed to the applicable Stallholder enabling them to service the Customer purchase.
Payment Information. We use credit card and other personally identifiable information you submit to us on the Site, and other information that we collect, as required, to process payments you make through the Site through our payment processor intermediaries.
We do not store credit card or other payment method information; in all other cases our payment processors have the sole and complete responsibility for the storage of credit card and payment information. We may also share personally identifiable information with our payment processor intermediaries for risk management and fraud prevention.
Aggregated Data. We aggregate sales information including (but not limited to) type of purchase, category type, number of invoices sent, average invoice size, method of sending invoices, percentage paid online, sales amounts and average sale per customer, and disclose such information in a non-personally identifiable manner to our Stallholders and Business Advisers. However, in these situations, we do not disclose any information that could be used to identify you personally.
Reviews, Commenting and Forum. If you post a comment or review on our listings or on our forum or blog your username and other information you include is displayed in your postings or comments, and is therefore available to the public. All of your activities in the public areas of the forum will be identifiable to your User ID, and other people can see your published content. If you disclose personal information in any posting in our forum or blog and wish to have it removed, please contact us at the support contact information listed below, and posted on the Site.
Subsidiaries and Affiliates; Service Providers. We may from time to time use the services of affiliates, subsidiaries and unrelated service providers in the operation of the Site, and may disclose personal information to them in the course of our use of their services. For example, we may use the services of third-party hosting companies to host the operation of the Site. This may involve the hosting of data, including personal information, on servers operated by those hosting companies. We take care to use only service providers that we believe are reputable, have equivalent or better security safeguards in place than us, and able to live up to our and your expectations, including about the handling of confidential information. These companies are authorised to use your personal information only as necessary to provide these services to us.
Legal Requests and Business Transitions; Emergencies. In certain situations, Gift Fairs Limited may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. Gift Fairs Limited may disclose your personal information (a) to any governmental authority as part of an investigation to determine our compliance with any applicable law, rule, or regulation (including privacy laws, rules, and regulations), (b) in response to a court order, subpoena, discovery request, or other lawful judicial or administrative proceeding, (c) as otherwise required or permitted under any applicable law, rule, or regulation, and (d) in good faith, to protect or defend the rights or property of Gift Fairs Limited and other users and (e) if charityfair.co.uk or Gift Fairs Limited is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
Your Use of Other Persons’ Information
If you choose to use our referral service to tell a friend about our site, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. Gift Fairs Limited stores this information for the sole purpose of sending this one-time email, tracking the success of our referral program, and compliance with laws. Your friend may contact us at email@example.com to request that we remove this information from our database.
Gift Fairs Limited strives to protect your personal information. For security of transactions, we use the Secure Sockets Layer (SSL) protocol, which encrypts any information, such as credit card number and billing information, you send to us electronically. The encryption process protects your information, by scrambling it before it is sent to us from your computer. Once Gift Fairs Limited receives your transmission, we make commercially reasonable efforts to ensure its security on our system. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot warrant the security of any information you transmit to us. More information about security is available on the Site and in our Terms and Conditions of Use. If you have any questions about the security of your personal information, you can contact us at firstname.lastname@example.org
Other Information Collectors
Correcting and Updating Your Personal Information
Upon written request Gift Fairs Limited will provide you with information about what personal information we have about you. To review, delete and update your personal information to ensure it is accurate, you may login into your account to make the changes, or you may contact us at email@example.com
We will respond to your request within a reasonable time. We may ask you for further information from you to help us respond to your request, including asking for government-issued identification.
charityfair.co.uk is a complex network that connects many thousands of users. Gift Fairs Limited manages a business ecosystem that brings together Stallholders and Customers. This network relies on the exchange and sharing of information that is important to others in your network. Bookings, sent invoices, paid invoices, contractor invoices are all vital to other people on the Network. These are the official history of work done and moneys paid. The complexity and connected nature of the system requires that this history exists in perpetuity to accommodate proper function and accounting for the other systems that you have connected to via contracted bookings, invoices, estimates. Gift Fairs Limited cannot guarantee the deletion of all your information.
When a Customer chooses to close an account we will remove your information from our marketing and billing systems. This will ensure that there are no further mailings or billings directed towards the cancelled user.
As we continue to refine charityfair.co.uk we will establish a method for the complete removal of all user information from the system without breaking accepted principles for other connected charityfair.co.uk accounts. This document will evolve as these new methods are defined and tested for permanent account deletion. Users wishing to be notified when this development is complete can indicate their wishes by email via firstname.lastname@example.org
We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements; this retention period may extend past the point at which you close your account.
Additional Policy Information
Invitations: You have the opportunity to invite others to make purchases through your charityfair.co.uk account. To do that, the Website asks you to import or to manually enter your contacts’ email addresses. As you direct, we then send them an invitation on your behalf or other notices reflecting changes you make to their status in your account.
If you submit a review, may post your testimonial along with your name. If you want your testimonial removed please contact us at email@example.com
Notification of Privacy Statement Changes
We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the email address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
It is our goal to make our privacy practices easy to understand. If you have questions, concerns or if you would like more detailed information, please email our privacy officer at:
Gift Fairs Limited Privacy and Compliance
19 Cheval Place
These are the Terms and Conditions of Gift Fairs Limited, charityfair.co.uk (the “Site”) and all its subsidary sites. Gift Fairs Limited is registered in England and Wales with Limited Liability.
The page was last updated on 12th February 2019.
In these Terms, we call this web site, any successor or other Gift Fairs Limited web sites (together, the “Site”) and the software we provide and you grant permission for us to use your User Content (as defined below).
We refer to the services provided by or through the charityfair.co.uk website as the “Services”.
Please read these Terms carefully before using the Services. By accessing or using the Services you acknowledge that you have read and understood these Terms and agree to be legally bound by these Terms and all policies and guidelines incorporated by reference in these Terms. If you do not agree to be bound by these Terms in their entirety, you may not use the Services.
Gift Fairs Limited reserves the right, in its sole discretion, to change, modify or otherwise alter these Terms, or any policy or guideline applicable to the Services, at any time. If we do so, we will make reasonable efforts to communicate these changes to you via email at the email address you provide in your registration information, if any, or we will post a notice in the Application.
Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revised Terms on this Site, and your continued use of the Services after such time will constitute your agreement to be bound by such modified Terms. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the ‘last updated’ date at the top.
If you do not agree to the modified Terms, you must stop using the Services. You can cancel your account with us without further obligation, except for the amount due for the balance of the billing period in which you cancel your account (if your billing period is monthly, we will prorate your account to the nearest month-end after cancellation). If you have any questions about the Terms, please email us at firstname.lastname@example.org
In these Terms, our customers and the persons to whom they give “staff” or “advisor” access to their charityfair.co.uk account are called “Subscribers” or “Vendors”, and our customers’ customers who use the Services (for example, to view or pay Vendors or Stallholder invoices) are called “Customers”. In these Terms, users of the Services, whether they are Subscribers, Venue Managers, Customers, Event Organisers, Stallholders, Event Service Providers, Eventgoers, members of the charityfair.co.uk forum, people who post reviews on the charityfair.co.uk website, or casual browsers of the Site, are called “Users”.
The Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else, except as expressly permitted through the charityfair.co.uk.
The Services are not intended to be used by children. You must be at least eighteen (18) years old to use the Services. If we determine that a User is under the age of eighteen (18), we will terminate that User’s use of the Services.
Charityfair.co.uk contains technologies that monitor, record and report to Gift Fairs Limited regarding the use of the website and apps including but not limited to information concerning the devices used to access the website Application; and the frequency, type and manner of use of the site (collectively, “Usage Data”). You agree that Gift Fairs Limited may, in its sole discretion, collect and use Usage Data to support, maintain, and improve charityfair.co.uk and to enforce Gift Fairs Limited’s rights under the Terms. To the extent any Usage Data is personal information within the meaning of applicable law, you hereby: (a) consent to Gift Fairs Limited’s collection, use and disclosure of such Usage Data for these purposes; and (b) represent and warrant that you have obtained the consent of any individual to whom such Usage Data relates to Gift Fairs Limited’s collection, use and disclosure of such Usage Data for these purposes, or that the consent of any such individuals is not required to be obtained under applicable law.
2. Registration Data; Account Security
If you register for an account on the Services, you agree to (a) provide true, accurate, current and complete information as may be prompted by any registration forms on the Services (“Registration Data”); and (b) promptly update the Registration Data and any other information you provide to Gift Fairs Limited, to ensure it remains true, accurate and complete.
You agree to keep your access credentials (such as passwords, charityfair.co.uk Network Logins or other information required to access the Service) secure and confidential. You must immediately notify Gift Fairs Limited of any unauthorised use (or suspected unauthorised use) of your access credentials. You are responsible for all activity on your charityfair.co.uk account, and for all charges incurred by your account. The access credentials are the property of Gift Fairs Limited and may be revoked if you share them with any third party (other than as allowed in the Terms), if they are compromised, if you violate these Terms or if Gift Fairs Limited terminates the Network Terms.
Further, as a condition of using the Services, you must:
- not attempt to undermine the security or integrity of Gift Fairs Limited’s’ computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;
- not use, or misuse, the Application or Services in any way which may impair the functionality of the Application, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Application;
- not attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which the Application or Services are hosted;
- not use the Services or Applications to transmit any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use); and
- not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services except as is strictly necessary to use either of them for normal operation.
3. Fees; Charges; Taxes
Subscription fees and any other charges for the use of the Application are described on the Site. They may change from time to time. If subscription fees change, we will give you at least 30 days’ notice. If they do change, your continued use of the Application after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs. Fees for payment transactions are subject to change without notice, unless otherwise prohibited, at the discretion of our payment platform partners.
Although great care is taken in the production of the Site and description of the Services, typographical, illustrative or pricing errors may occur. We reserve the right to correct errors at any time. All prices are quoted and are payable in British Pounds and, unless otherwise stated, are quoted before shipping charges, but inclusive of VAT or other applicable taxes, which will be itemised separately as applicable. You are responsible for all additional local taxes applicable to the fees and charges in any applicable jurisdiction.
4. Ownership, Copyright and Trademarks
In these Terms the content available through the Services, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”. Content provided by Users, whether they are Venue Owners, Customers or other Users, is called “User Content”. For example, data about its Customers and about its sales that a vendor provides is User Content of that Vendor, data about its payments that a Customer provides to the Services is User Content of that Customer, and Content that a User enters into the forum or enters as a Review on the Website is User Content of the User.
Other than the User Content, the Services, all Content and all software available on or in respect of the Services or used to create and operate the Services (including, without limitation, the Application and the Gift Fairs Limited Network) is the property of Gift Fairs Limited or its licensors, and is protected by British and international copyright laws, and all rights to the Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Gift Fairs Limited.
Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the sole discretion to remove, screen or edit without notice any User Content posted or stored on the Services, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services. If you authorise third parties to access your User Content through the Services, including through the Gift Fairs Limited Network, you agree that we are permitted to provide to them the User Content, and also agree that we have no responsibility or liability for their use of such User Content.
5. Your Limited License of Your User Content to Gift Fairs Limited
We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Site and provide the Services, now and in the future. For example, if you review an event, vendor or product on the charityfair.co.uk website, we need your license to display that User Content on the Services, and we need the right to sublicense that User Content to our other Users so that they can view that User Content. If you are a Vendor and release data in relation to a Customer and configure your account to display booking form data or availability or pricing to your Customers, we need your license to that User Content to use it in the operation of the Services, and we need the right to sublicense that User Content to your Customers for that purpose.
Therefore, by posting or distributing User Content to or through the Services, you (a) grant Gift Fairs Limited and its network affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content, in the manner in and for the purposes for which the Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
If your User Content is intended for the use of other Users (for example, if you publish booking information, availability and pricing or authorise third parties to access your User Content, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Services, as described in these Terms.
These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Services. And they are transferable because we need the right to transfer these licenses to any successor operator of the Services. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services.
6. Our Limited License of Content to You
Gift Fairs Limited grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Services and to view, copy and print the portions of the Content available to you through the Services. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Content, or reproduce, distribute or display the Content (except for page caching) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Services or the Content other than for their intended purpose.
Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorised use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by Gift Fairs Limited at any time.
You represent and warrant that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
To request permission for uses of Content not included in this license, you may contact Gift Fairs Limited at the address set out at the bottom of these Terms.
7. Use of Interactive Areas and the Services
The Services include listings, discussion forums, bulletin boards, review services and posts and pages in which you or third parties may post reviews or other content, messages, materials or other items on the Services (“Interactive Areas”). If Gift Fairs Limited provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. User Content submitted to any public area of the Services will be considered non-confidential. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
- any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- unsolicited promotions, political campaigning, advertising or solicitations;
- private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use;
- viruses, corrupted data or other harmful, disruptive or destructive files;
- content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- content that, in the sole judgement of Gift Fairs Limited, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Services, or which may expose Gift Fairs Limited or its affiliates or its users to any harm or liability of any type.
Finally, Gift Fairs Limited has a “zero-tolerance” policy towards SPAM: you may not use the Interactive Areas or the Services generally to send commercial or other messages to any third-party if those messages are not solicited, authorised or welcomed by the third-party, and in your use of the Services you must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices.
Any use of the Interactive Areas or other portions of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services.
8. Providing a Reliable and Secure Service
We take reliability and security seriously, and put a great deal of effort into ensuring that our service operates all the time, and that it is a secure environment for your data. We use what we believe to be “best-of-class” hosting services and security technologies and services that we believe provide you with a secure and safe environment. More information about these services and technologies is available on our Technical Info pages
For example, to safeguard credit card information, Gift Fairs Limited handles all cardholder data (credit card number, cardholder name, expiration date, service code) in a secure manner that is consistent with the PCI DSS requirement. We use restrictive firewalls to protect stored data and uses 256 bit SSL certificates to encrypt data transferred between you and the Services.
However, no system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use charityfair.co.uk, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.
Finally, Gift Fairs Limited provides charityfair.co.uk to facilitate the use of the Services with other services on the Internet. If a third party is authorised through your account to produce or have access to your User Content through the Network, we cannot control and are not responsible or liable for the third party’s use of your User Content.
9. No Responsibility for Third-Party Services, Sites or Content
As a service to our users, the Site may contain links to third-party Web sites (“Third-Party Sites”) or third-party content (“Third-Party Content”) and may provide third-party services (“Third-Party Services”), including payment processors and other payment intermediaries that you may use in connection with your use of the Services. You use Third-Party Sites, Third-Party Content (together, the “Third Party Materials”) or Third-Party Services at your own risk.
Gift Fairs Limited makes no claim or representation regarding Third-Party Materials and Third-Party Services, and provides them or links to them only as a convenience. Inclusion in the Services of Third-Party Materials does not imply Gift Fairs Limited’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Materials. Gift Fairs Limited accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Materials, or Web sites linking to the Services. When you leave the Services, our terms and policies no longer govern, and when you use Third-Party Services their terms and policies apply. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Materials and Third-Party Services, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Examples of such third providers are given in the Schedule to these Terms entitled “Third Party Providers”.
The provider of Third-Party Materials and Third-Party Services is solely responsible for such Third-Party Materials and Third-Party Services, the content therein, any warranties to the extent that such warranties have not been disclaimed, any training, support or maintenance for the Third-Party Materials and Third-Party Services, and any claims that you or any other party may have relating to that Third-Party Materials and Third-Party Services or your use of them. You acknowledge that you are purchasing the license to Third-Party Materials and Third-Party Services from the provider of those Third-Party Materials and Third-Party Services; Gift Fairs Limited is acting as agent for the provider in providing such Third-Party Materials and Third-Party Services to you; Gift Fairs Limited is not a party to the license between you and the provider with respect to such Third-Party Materials and Third-Party Services; and Gift Fairs Limited is not responsible for such Third-Party Materials and Third-Party Services, the content therein, or any warranties or claims that you or any other party may have relating to such Third-Party Materials and Third-Party Services or your use of them.
You acknowledge and agree that Gift Fairs Limited and its affiliates are third party beneficiaries of the End User License Agreement for such Third-Party Materials and Third-Party Services, and that, upon your acceptance of the terms and conditions of the license to any such Third-Party Materials and Third-Party Services Gift Fairs Limited will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third party beneficiary thereof.
10. Advertisements and Promotions
Gift Fairs Limited may run listings, advertisements and promotions from third parties on the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Gift Fairs Limited, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Gift Fairs Limited is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Services.
11. Electronic Signature
Gift Fairs Limited may require your consent to use your electronically recorded signature in the Application. Your electronically recorded signature will constitute your acknowledgement that you accept the terms herein and will be used to create a legally binding agreement.
This recorded confirmation by you will constitute your signature.
12. Warranty Disclaimer
YOUR USE OF THE SITE, SERVICES, SOFTWARE (INCLUDING WITHOUT LIMITATION, THE APPLICATION AND THE NETWORK), AND CONTENT (COLLECTIVELY, THE “Gift Fairs Limited PLACEMANAGER SOLUTION”), AND ANY THIRD PARTY MATERIALS OR THIRD PARTY SERVICES IS ENTIRELY AT YOUR OWN RISK, AND EXCEPT AS DESCRIBED IN THIS AGREEMENT, ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Gift Fairs Limited, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY “SUPPLIERS”) DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OR CONDITION THAT THE Gift Fairs Limited PLACEMANAGER SOLUTION OR THIRD PARTY MATERIALS OR THIRD PARTY SERVICES ARE OR WILL (A) BE FIT FOR A PARTICULAR PURPOSE, (B) BE OF GOOD TITLE, (C) BE OF MERCHANTABLE QUALITY; OR THEY DO NOT OR WILL NOT INTERFERE WITH OR INFRINGE OR MISAPPROPRIATE ANY INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE, THE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED AS TO THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE Gift Fairs Limited PLACEMANAGER SOLUTION. Gift Fairs Limited, ITS SUBSIDIARIES AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE Gift Fairs Limited PLACEMANAGER SOLUTION IS OR WILL BE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, DATA LOSS, ERRORS, THEFT OR DESTRUCTION.
SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY.
Gift Fairs Limited, ITS SUBSIDIARIES AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
13. Limitation of Liability; Indemnity
You waive and shall not assert any claims or allegations of any nature whatsoever against Gift Fairs Limited, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the website or network or any Third Party Materials or Third Party Services, including, without limitation, any claims or allegations relating to infringement of proprietary rights, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Gift Fairs Limited PlaceManager Solution or any Third Party Materials or Third Party Services. You use the Gift Fairs Limited PlaceManager Solution or any Third Party Materials or Third Party Services at your own risk.
Without limitation of the foregoing, neither Gift Fairs Limited nor any other Released Party shall be liable for any direct, special, indirect, incidental, exemplary, punitive, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Gift Fairs Limited PlaceManager Solution or any Third Party Materials or Third Party Services, including without limitation any damages caused by or resulting from your reliance on the Gift Fairs Limited PlaceManager Solution or any Third Party Materials or Third Party Services or other information obtained from Gift Fairs Limited or any other Released Party or accessible via the Gift Fairs Limited PlaceManager Solution or any Third Party Materials or Third Party Services, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to Gift Fairs Limited’s or any other Released Party’s records, programs or services.
In no event shall the aggregate liability of Gift Fairs Limited, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Gift Fairs Limited PlaceManager Solution exceed any compensation paid by you for access to or use of the Gift Fairs Limited PlaceManager Solution during the three months prior to the date of any claim. In no event shall Gift Fairs Limited have or incur any liability, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use any Third Party Materials or Third Party Services.
You shall defend, indemnify and hold harmless Gift Fairs Limited and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Gift Fairs Limited PlaceManager Solution or any Third Party Materials or Third Party Services, and if you are a Subscriber, from your Customers’ use of the Services and from the use of the Gift Fairs Limited PlaceManager Solution or any Third Party Materials or Third Party Services by any person to whom you give access to your account (including staff or advisors), including any claims made by any person that any of your, and if you are a Subscriber, your Customers’, User Content infringes the rights, including the intellectual property rights, of any third party (collectively, “Indemnified Claims”). Gift Fairs Limited reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any Indemnified Claims. You agree to reasonably cooperate as requested by Gift Fairs Limited in the defence of any Indemnified Claims.
Notices that we give you (other than notice of amendment of these Terms, which is discussed in the introduction of these Terms) may be provided in any number of ways, depending on the circumstances. For example, we may email you or telephone you at the contact information you provide in your Registration Data. Or we may post a notice to Subscribers and Customers in the dashboard area of your account on the Site, or post the notice elsewhere on the Site. When we post notices on the Site, we post them in the area of the Site suitable to the notice. It is your responsibility to periodically review the Site for notices.
15. Applicable Law and Venue
The Services are controlled by Gift Fairs Limited and operated by it from its offices in the United Kingdom. You and Gift Fairs Limited both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and Gift Fairs Limited explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site, the Content or the Services will be governed by the laws of the England and Wales and the United Kingdom applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) involving Gift Fairs Limited and arising out of or relating to (a) these Terms; (b) the Site, the Content, or the Services; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Site, the Content, or the Services; or (d) the relationships that result from these Terms or the Site, the Content, or the Services (collectively, a “Claim”), will be referred to and determined by a sole arbitrator (to the exclusion of the courts). If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the United Kingdom.
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in the United Kingdom. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Services from locations other than the United Kingdom, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Gift Fairs Limited and the other Released Parties for your failure to comply with any such laws.
16. Termination/Modification of License and Site Offerings
Notwithstanding any provision of these Terms, Gift Fairs Limited reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Services, or any portion thereof and the rights of any third party to which you have granted access to your User Content through the Gift Fairs Limited PlaceManager Network; (b) block or prevent your future access to and use of all or any portion of the Services or Content and the rights of any third party to which you have granted access to your User Content through the Gift Fairs Limited PlaceManager Network; (c) change, suspend or discontinue any aspect of the Services or Content; and (d) impose limits on the Services or Content.
17. Inactive Accounts; Termination of Agreement
If subscription fees are unpaid and your account is inactive for at least three months (as determined by Gift Fairs Limited), we may deactivate your account. Deactivated accounts are not deleted – they are placed in storage and can be restored. We will notify you by email if we decide to deactivate your account. If you know in advance that your account will be inactive at some time and don’t want us to deactivate it, let us know in advance at email@example.com.
Gift Fairs Limited reserves the right to charge a data storage fee for storage of the information associated with deactivated accounts. If after your account has been deactivated it stays inactive and we don’t hear from you, we may terminate it at any time and without notice.
You and Gift Fairs Limited may terminate your use of the Services including your agreement to these Terms at any time. If you terminate your use of the Services you must pay the fees applicable for the balance of the then current billing period. When your Gift Fairs Limited account is terminated, your User Content will, shortly thereafter, not appear on the Services, except for User Content submitted to public areas of the Site such as the blog, forum, or product reviews, which may remain on the Site after termination. We may also retain an archival copy of your User Content after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.
If these Terms expire or terminate for any reason, Sections 4, 9, 10, 12, 14, 16, 18, and 19, and any representation or warranty you make in these Terms, shall survive indefinitely.
If any provision of these Terms shall 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. Gift Fairs Limited may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Gift Fairs Limited, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Gift Fairs Limited regarding your use of the Site, the Content, the Add-ons and the Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Gift Fairs Limited regarding your use of them. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only.
19. Questions and Comments
If you have any questions regarding these Terms or your use of the Services, please contact us here:
Gift Fairs Limited