Terms of Service

Definitions

Gift(s) means one or more of the products chosen by the List Holder(s) and purchased by a Guest

Gift List(s) means the list of products compiled by the List Holder(s)

Guest(s) means the person buying from the Gift List

List Holder(s) means the person(s) who registered and compiled the Gift List

Product means an item displayed for sale on a Gift List

Services: our provision of Gift Lists and associated services through our Website;

Terms and Conditions means these terms and conditions

User Information means information about you, such as your computer's; IP address, your browser type, the country and area code from which your computer is calling, the webpages you viewed, the advertisements you selected, and any search terms that you entered on our Website

Users means the users of our Website collectively, including List Holders and Guests

We/us means Little Wish List Limited

Website means the Gift List website located at littlewishlist.com or any subsequent URL which may replace this

You means the List Holder(s)

Who we are and how to contact us

Little Wish List is a gift registry service which allows List Holders to create Gift Lists in conjunction with a number of linked third party suppliers and for those gifts to be purchased directly from our linked partners by Guests.

Our website and service are operated by Little Wish List Limited (registered number 10607540), whose registered office is at 3rd Floor, 86-90 Paul Street, London, EC2A 4NE, United Kingdom

To contact us, please email hello@littlewishlist.com

There are other terms that may apply to you

These Terms of Service refer to the following additional terms, which also apply to your use of our Website:

• Our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.
• If you purchase goods through our website from a third party supplier, their terms and conditions of purchase will also apply.

By using our Website you accept these Terms of Service.

By using our Website, you confirm that you accept these Terms of Service and that you agree to comply with them.

If you do not agree to these terms or any part thereof, you must not use our Website or our Services.

We recommend that you print a copy of these terms for future reference.

We may make changes to these terms

We may amend these terms, or replace them in their entirety, from time to time. Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 3rd September 2019. It is your responsibility to check these terms periodically for amendments. Your continued use of our Services following any amendments to these terms constitutes acceptance of those amendments as well. If any amendment to these terms is not acceptable to you, you must cease accessing, browsing and otherwise using our Services.

We may make changes to our Website

We may update and change our Website from time to time to reflect changes to our Services, Users' needs and our business priorities. We will try to give you reasonable notice of any major changes.

Gift List Set Up

Our Gift List Service is provided for free to you (the List Holder) and to your Guests. We are paid a percentage of any transaction fee paid by your Guests for goods and products featured in your Gift List from payment service providers when your Guests make a purchase from it, however we will not recover any fee from or make any charge to you.

You should compile your list 6 - 8 weeks prior to your event to ensure your product choices are from our third party suppliers' most current ranges. You should avoid adding Reduced to Clear or Special Buy items to your list as we cannot guarantee their availability.

When you have finished creating your list, you will be able to preview the final list before sharing it with others.

Products may become discontinued at any point during the life of your Gift List, and we will not always be able to indicate this on your Gift List summary.

Description of Products and pricing

We will take all reasonable care to ensure that all links to and details, descriptions and prices of Products appearing on our Website are correct at the time when the relevant information was entered onto the system. Please note, however that details, descriptions and prices of Products are provided by our third party suppliers and we encourage you to visit their websites and check any relevant descriptions of Products to ensure that they reflect those posted on our Website. As an intermediary, we are not responsible for any liability arising from the details, descriptions and prices of Products on our Website as provided by our third party suppliers.

Products on your Gift List are subject to our third party suppliers' own separate pricing policies and terms and conditions. As a result, prices may change during the purchasing period of a Gift List and will not be updated.

Buying of Gifts by Guests

Guests will be able to purchase from a Gift List 6 weeks prior to and 2 weeks after the event.

List Management

Once you have registered and set up a password, you can create and view your Gift List online our Website when you have logged into your account. You will be able to edit your list, add more items or see what's been purchased.

We will send you updates as and when your list goes live, is updated and any purchase is made from it.

Your list will remain open unless and until you tell us that it should be closed.

Please ensure that you provide the correct details for your Gift Lists to Guests, as we cannot accept any responsibility or liability should they make a purchase from the wrong list. Any request for a refund or return of any item purchased by a Guest from a third party supplier should be addressed directly to that third party supplier in accordance with its own terms and conditions of supply.

Users acknowledge and accept that Little Wish List Limited may, as a result of the linkup between the Guest and the third party supplier receive a commission payment from the relevant third party supplier. Please note that when you copy a third party link into your list, we will replace this link with our own and add a tracking identifier so that the relevant third party supplier can track your purchase through our site. Please refer to our Privacy Policy for further details on how your personal data is shared with third parties.

We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com or amazon.co.uk.

We participate in a number of other affiliate programmes, including:

• Skimlinks
• AWIN
• Webgains
• CJ Affiliates

Product Availability

All Gifts shown on our Website and added to your Gift List are subject to availability from our third party suppliers.

Purchases are made through third parties and we accept no responsibility for availability, pricing, delivery, complaints or returns, which should be addressed to the relevant third party supplier

Delivery

Please refer to our third party suppliers' terms and conditions for their Delivery terms.

Product returns and cancellations

Product returns and cancellations will be subject to our third party suppliers' own terms and conditions.

Third party links

To provide increased value to our Users, we may provide links to third party websites or resources for you to access at your sole discretion. You agree that we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites or resources, (ii) the advertising or content of such websites or resources, (iii) any products, goods or other materials or services available from such websites or resources or (iv) for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any advertising, content, products, goods or other materials or services available on such websites or resources.

We may suspend or withdraw our Website and Service

Our Website and Service is made available free of charge.

We do not guarantee that our Website, our Services, or any content or Product available on or through them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website or our Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Website or our Services through your internet connection are aware of these Terms of Service and other applicable terms and conditions, and that they comply with them.

You must keep your account details safe

If you choose, or you are provided with, an account password, Gift List name and password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user account or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@littlewishlist.com.

How you may use material on our Website

We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.

You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Website in breach of these Terms of Service, your right to use our Website will cease immediately and you must, at our discretion, return or destroy any copies of the materials you have made.

Do not rely on information on this site

The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our Website is accurate, complete or up to date.

Indemnity

You agree to defend, indemnify and hold us and our affiliates and subsidiaries, and each of our and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable legal costs) resulting from any claim, demand, action, proceeding (whether before a court, mediator or otherwise) or investigation made by any third party (each a "Claim") due to or arising out of: (a) your breach of these terms, including, without limitation the Terms of Use and any other part of these terms; (b) your improper use of our Services; (c) your breach of any applicable local, national or other law, rule or regulation or the rights of any third party; (d) this indemnification shall not apply to the extent that the Claim arises out of our gross negligence or willful misconduct. We shall provide notice to you of any such Claim, provided that the failure or delay by us in providing such notice shall not limit your obligations hereunder.

Exclusion of Warranties

We provide our Services using reasonable care and skill and try to keep our Website free of viruses and bugs. However, you use our Services at your own risk. To the extent permitted by the applicable laws, our Services are provided on an as-is basis. We hereby expressly exclude all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, non-infringement of title and fitness for purpose. Furthermore, we make no warranty that our Services, or any part thereof, will meet your requirements or expectations, our Services will be uninterrupted, timely, secure or error-free, or the results that may be obtained from using our Services will be accurate or reliable. You hereby acknowledge and agree that we have no control over and do not guarantee the quality, safety or legality of events advertised, the truth or accuracy of any Content or events listed or the ability of any User to perform or actually complete a transaction and we are not affiliated with and have no relationship (whether as agent, employee or otherwise) with any third party service provider used in conjunction with our Services and we have no responsibility for, and hereby exclude all, liability arising from the acts or omissions of any such third parties.

Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

To the extent permitted by applicable laws, we and our affiliates and subsidiaries, and each of our and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees shall not be liable under any circumstances for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with our Services, any other subject matter of these Terms of Service, including without limitation the Terms of Use, your use of, or inability to use, our Website, or use of or reliance on any content displayed on our Website or otherwise. In particular, we will not be liable for (a) any indirect, incidental, special or consequential loss including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, (b) the cost of procurement of substitute services, (c) business interruption, (d) loss of business opportunity or reputation and (e) any other matters beyond our reasonable control.

Uploading content to our Website and our Services and the rights you are giving us to the material you upload

Whenever you make use of a feature that allows you to upload content to our Website or Service, or to make contact with other users of our Website or Service, you must comply with the content standards set out below:

You may use our Website or Services only for lawful purposes. You may not use our Website or Services:

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To bully, insult, intimidate or humiliate any person.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• 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.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our Website or Services in contravention of the provisions of these Terms of Service.
• Not to access without authority, interfere with, damage or disrupt:
  • any part of our Website or Services;
  • any equipment or network on which our Website or Services are stored;
  • any software used in the provision of our Website or Services; or
  • any equipment or network or software owned or used by any third party.

We may from time to time provide interactive services on our Website or Services, including, without limitation:

• Chat rooms.
• Forums.
• Chat support.
• Sharing Gift Lists.

Where we do 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).

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 Website or Services, 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 Website or Services, 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.

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.

CONTENT STANDARDS

These content standards apply to any and all material which you contribute to our Website or Services (Contribution), and to any interactive services associated with it.

These Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

Little Wish List Limited will determine, in its discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

• Be accurate (where it states facts).
• Be genuinely held (where it states opinions).
• Comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

• Be defamatory of any person.
• Be obscene, offensive, hateful or inflammatory.
• Bully, insult, intimidate or humiliate.
• Promote sexually explicit material.
• Include child sexual abuse material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be in contempt of court.
• Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person.
• Give the impression that the Contribution emanates from Little Wish List Limited, if this is not the case.
• Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
• Contain any advertising or promote any services or web links to other sites.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our Website or our Services will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Website or our Services a limited licence to use, store and copy that content and to distribute and make it available to third parties in accordance with the terms of our Terms of Use policy.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website or our Services constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our Website or our Services if, in our opinion, your post does not comply with the content standards set out in these Terms of Service.

You are solely responsible for securing and backing up your content.

When you upload or post content to our Website or our Services, you grant us the rights to use that content as set out in the Terms of Use.

Rules about linking to our Website

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.

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.

You must not establish a link to our Website in any website that is not owned by you.

Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.

We reserve the right to withdraw linking permission without notice.

Our Website in which you are linking must comply in all respects with the content standards set out in our Terms of Service.

If you wish to link to or make any use of content on our Website other than that set out above, please contact hello@littlewishlist.com.

Which country's laws apply to any disputes?

Please note that these Terms of Service, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these Terms of Service, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Notices

We may send notices to you either by email or by regular mail to the address we hold for you in our records. We may also provide notices of any changes to these terms, the Terms of Use or to our Services generally by displaying notices or links to notices to you generally on our Website. If you wish to contact us or deliver any notice to us, you can do so at the following address:

Little Wishlist, 3rd Floor, 86-90 Paul Street, London, EC2A 4NE.

hello@littlewishlist.com

Entire Agreement

These terms, including the Terms of Use and any other part of these terms, constitute the entire agreement between you and us and govern your use of our Services and supersede any prior agreement, proposal or communication between you and us.

Waiver

No failure or delay by us to exercise any right or remedy provided under these terms, the Terms of Use or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

Severance

If any provision or part-provision of these terms or the Terms of Use is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under these terms shall not affect the validity and enforceability of the rest of these terms or the Terms of Use.

Violations

Please report any violations of these terms by email to hello@littlewishlist.com

Assignment

We may, without your prior consent or approval, freely assign these terms and our rights and obligations hereunder, whether to an affiliate or to another entity in connection with a corporate transaction or otherwise.

Relationship

Nothing in these terms is intended to, or shall be deemed to, establish any partnership or joint venture between you and us, constitute either of us the agent of the other, or authorise you to make or enter into any commitments for or on behalf of us.

Commission Payments

Users acknowledge and accept that Little Wish List Limited may as a result of the linkup between the Guest and the third party supplier receive a commission payment from the relevant third party supplier.