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Terms Of Service
"Heart Cart" is the trading name of and, for the purposes of these Terms, means Shop ‘n Give Group Ltd, a company registered in Scotland with Company Number SC542593, whose principal office is at 19a Hill Street, Edinburgh, EH2 3JP "User" means any person who visits or uses the Website or applications; "User Submission" means any feedback, link, comment, SocialCode or other material of whatever nature that is submitted by a User to appear on the Website or application.
2.1 The Website is owned and managed by Shop ‘n Give Group Ltd. All information supplied on the Website and applications is managed by Shop ‘n Give Group Ltd
2.2 Shop ‘n Give Group can be contacted by writing to Heart Cart at 19a Hill Street, Edinburgh, EH2 3JP or through our emailing us at email@example.com
3. Use of the Website
3.1 By visiting and using the Website and our applications you warrant that you have authority and capacity to enter into and be bound by these Terms and that you agree to be bound by these Terms forthwith.
3.2 In the event that Shop ‘n Give Group, in its sole discretion, considers that you are making any illegal and/or unauthorised use of the Website or applications, and/or your use of the Website is in breach of these Terms, Shop ‘n Give Group reserves the right to take any action that it deems necessary, including terminating without notice your use of the Website and applications and, in the case of illegal use, instigating legal proceedings.
3.3 Shop ‘n Give Group may suspend the Website and applications at any time and for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you for any such suspension.
3.4 Shop ‘n Give Group reserves the right to make any changes to the Website or to discontinue any aspect or feature of the Website without notice to Users.
3.5 These Terms govern the use of the Website and applications by registered and unregistered Users. Such Users may not use the Website and applications or any part thereof in connection with any commercial venture, other than as expressly permitted under these Terms or under other terms agreed in writing by the Shop ‘n Give Group.
3.6 You may link to the Website's 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 the Website in any website that is not owned by you. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. Shop ‘n Give Group reserves the right to withdraw linking permission without notice.
3.7 You must not misuse the Website or applications by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website or applications, the server on which the Website is stored or any server, computer or database connected to the Website. You must not use manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape", "crawl", or "spider" any pages contained in the Website or applications.
4. User registration and User Submissions
4.1 In order to sign up and verify to the website and application, you will be required to register your email address.
4.2 You can sign up to Heart Cart by submitting your email address at any of the sign up boxes featured throughout the Website or partner websites using our technology. By providing your email address you agree to receive regular newsletter emails from Heart Cart.
4.3 You can unsubscribe by clicking the 'Unsubscribe' link featured within each of our emails. Alternatively, registered Users can edit their personal information or manage subscriptions by updating their information within the user profile of their Account.
4.4 You must not disclose your Account details to any third party. If you know or suspect that anyone other than you knows your Account details, you must promptly notify us through our contact page.
4.5 Shop ‘n Give Group has the right to disable any user identification code 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.
4.6 By posting any User Submissions, you represent and warrant (a) you have all right, title, and interest to such User Submission, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the User Submissions, or (b) such posted content is already in the public domain. You further represent and warrant that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognised by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity.
4.7 Any User Submission you upload to the Website will be considered non-confidential and non-proprietary, and you grant Shop ‘n Give Group the right to use, copy, distribute and disclose to third parties any such content for any purpose.
4.8 Shop ‘n Give Group has the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
4.9 We have the right to remove any User Submission at any time and for any reason.
4.10 If you register and create an account through our website or application being used on a third party website, or sign up for any of our newsletters or alerts, we will send you information about our voucher codes, printable vouchers, deals, sales competitions, other products and services we provide or on behalf of our partners we feel may interest you. Your e-mail address may also be used to send you information about our other websites that we feel are relevant to your registration on the Website or partners websites.
You can sign up to our newsletter through submitting your email address at any of the sign up boxes featured throughout the Website or via our User Registration page. By providing your email address you agree to receive regular newsletter emails from the Website.
You can unsubscribe from receiving our newsletter by clicking the "Unsubscribe" link featured within each of our newsletters or emails. Alternatively, recipients can edit their personal information or manage newsletter subscriptions by updating their information within their user profile.
4.11 Regardless of whether you register your details with Heart Cart or not, any User who feels that any User Submission made by another User is objectionable is encouraged to contact Shop ‘n Give Group at Legal Department 19a Hill Street, Edinburgh, EH2 3JP or, through our contact page. Shop ‘n Give Group will review the relevant message as soon as is practicable and will take such action as it deems necessary, if any.
5. Term and Termination
5.1 These Terms will remain in full force and effect while you are a User of the Website.
5.2 Shop ‘n Give Group may, at any time and for any reason, terminate these Terms with you and deny you access to the Website and applications.
5.3 In the event of termination of these Terms for any reason, you must not attempt to use the Website or applications.
5.4 Sections 3 to 9 inclusive shall survive termination of these Terms for any reason, and shall be valid and enforceable against you.
6. Shop ‘n Give Group Intellectual Property
6.1 Other than in relation to links to third party websites and non-exclusive voucher codes, Shop ‘n Give Group owns or has a licence to use all right, title and interest in and to the Website and applications, including without limitation all copyright and any other intellectual property rights therein. Some of the content is produced in whole or in part under licence from, and based in whole or in part from, copyright material of the listed merchant. These Terms shall not be construed to convey title to or ownership of the Website or the data contained therein to any User. All rights in and to the Website not expressly granted to Users are reserved by Shop ‘n Give Group.
6.2 You are granted a non-transferable, non-exclusive, royalty-free, revocable licence to view and print the content of the Website for your personal use only.
6.3 You are expressly prohibited from:
6.3.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials any of the Website; and
6.3.2 removing, modifying, altering or using any registered or unregistered marks/logos owned by Shop ‘n Give Group, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Shop ‘n Give Group or could be considered an infringement of any of the intellectual property rights owned and/or licensed to Shop ‘n Give Group, without first obtaining the written permission of Shop ‘n Give Group.
7. Warranties and Liabilities
7.1.1 Nothing in these Terms excludes or limits Shop ‘n Give Group liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Scottish law.
7.2 Shop ‘n Give Group provides Users with access to the Website free of charge and, subject to 7.1, Shop ‘n Give Group shall not be liable in contract, tort (including negligence) or otherwise for any loss, injury or damage of whatever kind caused in whole or in part by use of the Website or applications or the information provided therein, or by any failure, delay, interruption or otherwise of the provision of the Website or applications or the information provided therein, or by Shop ‘n Give Group failure to perform any of its obligations under these Terms.
7.3 Further to 7.2, voucher codes are provided to the Shop ‘n Give Group by third parties and Shop ‘n Give Group does not guarantee that the codes are valid. You are advised to check any discounts have been applied prior to committing to any purchase.
7.4 In no event, subject to 7.1, shall Shop ‘n Give Group be liable in contract, tort (including negligence) or otherwise for any loss of profits, goodwill, savings or business (whether any of the foregoing are direct or indirect), or for any special, indirect, incidental or consequential damages.
7.5 The information provided on the Website by Shop ‘n Give Group is intended as information only and does not constitute advice. Therefore, it must not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.
7.6 Where the Website or applications or any User Submission includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by the Shop ‘n Give Group and, subject to 7.1, Shop ‘n Give Group shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.
7.7 The material on the Website and applications is provided "as is", without any conditions, warranties or other terms of any kind. We do not guarantee that the Website, or any content on it, will be free from errors or omissions or that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
7.8 To the maximum extent permitted by law, Shop ‘n Give Group expressly excludes all representations, warranties, obligations and liabilities in connection with the Website or other third party websites, and the information provided therein.
7.9 Links to and from third party websites and companies may appear on the Website and applications. Such third party websites are not the responsibility of Shop ‘n Give Group and Shop ‘n Give Group accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not necessarily endorse the views expressed within them. Shop ‘n Give Group will not be liable for any loss or damage that may arise from your use of them.
7.11 You are solely responsible for your interactions with merchants. Subject to 7.1, you hereby release Shop ‘n Give Group from any and all claims or liability related to any product or service of a merchant, any action or inaction by merchant, including merchant's failure to comply with applicable law.
7.12 Shop ‘n Give Group will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or applications or to your downloading of any content on it, or on any website linked to it or to any email sent by Shop ‘n Give Group to you.
8.1 Shop ‘n Give Group is committed to protecting (i) the privacy of Users; and (ii) the confidentiality of the information provided to it by Users using the Website or applications. However, Shop ‘n Give Group is not able to control the use by third parties of any information appearing on the Website or applications.
2. By registering or logging into the website, you are explicitly consenting to us that we can set a cookie for this purpose. It is impossible for you to log into the website without us setting a cookie. This is covered under 4 (a) and 4 (b) of the regulations.
3. You can delete any cookies we have set at any time through your browser.
9.1 You may print and keep a copy of these Terms, which form the entire agreement between you and Shop ‘n Give Group and supersede any other communications or advertising with respect to the Website.
9.2 These Terms may only be modified with the prior written consent of Shop ‘n Give Group. Shop ‘n Give Group may alter or amend these Terms at any time, with immediate effect and without notice. Please check this page from time to time to take notice of any amendments as by continuing to use the Website and applications after such alteration, you will be deemed to have accepted any amendment to these Terms.
9.3 These Terms and their performance shall be governed by and construed in accordance with the laws of Scotland and the parties hereby submit to the exclusive jurisdiction of the courts of Scotland.
9.4 You shall comply with all foreign and local laws and regulations which apply to your use of the Website and applications in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
9.5 You agree that because of the unique nature of the Website and applications the Shop ‘n Give Group’s proprietary rights therein, a demonstrated breach of these Terms by you would irreparably harm Shop ‘n Give Group and monetary damages would be inadequate compensation. Therefore, you agree that Shop ‘n Give Group shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of these Terms.
9.6 If any provision of these Terms is declared void, illegal or unenforceable, the remainder of these Terms will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
9.7 Any failure by any party to these Terms to enforce at any time any term or condition under these Terms will not be considered a waiver of that party's right thereafter to enforce each and every term and condition of these Terms.
9.8 Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of non-performance and continues performance hereunder with reasonable dispatch whenever such causes are removed.
9.9 Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Shop ‘n Give Group and such third parties shall not be entitled to enforce any term of these Terms against Shop ‘n Give Group.
9.10 If you feel that any materials appearing on the Website or applications are offensive, objectionable or potentially defamatory please contact Shop ‘n Give Group by way of our contact page providing full details of the nature of your complaint and the materials to which the complaint relates.
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From the Heart Cart Team
Information We May Collect from You
We may collect and process the following data about you:
Information that you provide by filling in forms on our site heart-cart.com, personal email address, work email address, employment sector, employment status, work gender, etc (the “Website”) This includes information provided at the time of registering and verifying to prove your employment sector and for our newsletter, posting discounts and other material or contacting us. We may also ask you for information when you report a problem with the Website.
If you contact us, we may keep a record of that correspondence.
If you enter one of our competitions we will keep a copy of the data you submit to us.
We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
Details of your visits to our Website, including, but not limited to, traffic data, location data and other communication data, the resources that you access and the transactions you make.
Information in relation to your location, if you access our Website via a mobile browser and you allow the transmission of your location data when prompted by your browser. The type of location data collected includes information relating to the latitude and longitude of your mobile device, your direction of travel and / or the time the location information was recorded.
For content that is covered by intellectual property rights, such as photos and videos ("Media"), subject to your account settings, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license ("Licence") to use any Media that you provide in connection with your account for any of our commercial or non-commercial purposes including, without limitation, in our printed publications, presentations, promotional materials, advertising or on our website. This License ends when you delete your Media or your account unless your content has been shared with others, and they have not deleted it. When you delete Media, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
IP Addresses and Cookies
To estimate our audience size and usage pattern.
To store information about your preferences, and so allow us to customise our Website according to your individual interests.
To speed up your searches.
To recognise you when you return to our Website.
To verify your sector of work
If you register with the Website, verify your sector of work, or sign up for any of our newsletters or alerts, we will send you information about our voucher codes, printable vouchers, deals, sales or other products and services we feel may interest you. Your e-mail address may also be used to send you information about our other websites that we feel are relevant to your registration on the Website. You can sign up to our newsletter through submitting your email address at any of the sign up boxes featured throughout the Website or via our User Registration overlays. By providing your email address you agree to receive regular newsletter emails from the Website. You can unsubscribe from receiving our newsletter by clicking the "Unsubscribe" link featured within each of our newsletters. Alternatively, recipients can edit their personal information or manage newsletter subscriptions by updating their information within their user profile.
Where We Store Your Personal Data
The information you provide to us will be held on our secure computers in the UK and Ireland may be accessed by or given to our staff working outside the UK, some of whom may be located outside the European Economic Area, who act for us for the purposes set out in this policy or for other purposes approved by you. Those parties process information and provide support services on our behalf. We may also pass aggregate information on the usage of our site to third parties and our clients, but this will not include information that can be used to identify you. Countries outside the European Economic Area do not always have strong data protection laws. However, we will always take steps to ensure that your information is used by third parties in accordance with this policy. Confirmation of whether you have an account registered with us - by the email address you register or verify with - will be publically available.
Uses Made of the Information
We use information held about you in the following ways:
To ensure that content from our Website is presented in the most effective manner for you, your computer and mobile device.
To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
To carry out our obligations arising from any contracts entered into between you and us.
To allow you to participate in competitions and interactive features of our service, when you choose to do so.
To provide you with marketing services.
To provide our clients using our verification technology with data insights into our members behaviour.
To analyse the information we collect so that we can administer, support, improve and develop our business.
To notify you about changes to our service.
To provide location based services to you (as set out below) if you access our Website via a mobile browser and you allow the transmission of your location data when prompted by your browser.
We may also use your data to provide you with information about goods and services which may be of interest to you. We have implemented Google Analytics including Google Analytics Demographics and Interest Reporting. We use information from Google Analytics to gain understanding and insights about the nature of our audience and how they interact with our products and services (holistically not individually). We only disclose information about identifiable individuals to our affiliate advertisers and clients using our verification technology as described in “Disclosure of Your Information” below. However, we may provide any affiliate advertisers and clients using our verification technology with aggregate information about our users.
Collection and Use of Location Data
If you access our Website via a mobile browser and you allow the transmission of your location data when prompted by your browser, we may use that location data held about you in the following ways:
To log when you have arrived at and / or leave a location (for example, a shopping centre, a high street or an airport);
To provide location based services to you (for example, offering vouchers for merchants nearby or other marketing relevant to your location);
To infer the location of the places you visit most often and determine your frequency at these locations.
By accessing our Website via a mobile browser and you allow the transmission of your location data when prompted by your browser, you consent to the collection and use of such location data as set out above. You may adjust the settings on your mobile device to withdraw consent to sharing your location data at any time and to prevent the sharing of location data. You may also manage how your mobile device or mobile browser handles cookies and related technologies by adjusting your mobile device privacy and security settings. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your mobile device and mobile browser settings. Please note that if you disable the sharing of location data, you may be unable to access some features of our services that are designed for mobile devices.
Disclosure of Your Information
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006.We may disclose your personal information to our affiliate advertisers, or any clients that is using our verification technology. We may disclose your personal information to our service providers that provide services for us to assist us in carrying out the purposes described in “Uses Made of the Information” above such as sending emails on our behalf, processing payments, and facilitating card-linked offers. Consequently, some of these suppliers collect, store, and process, on our behalf, certain location information and related data on servers in various locations across the world. Our service providers are bound by law or contract to protect personal information and are only allowed to use the personal information in accordance with the terms of our service agreements with them. We may disclose your personal information to other third parties:
In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
If a third party is using our verification technology
If Shopngivegroup or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Website terms and conditions, mobile application terms and conditions and other agreements; or to protect the rights, property, or safety of Shopngivegroup, our customers, or others.
We may share information submitted as part of third party promotional activities only when you agree the specific Terms and Conditions of the promotion by opting in to the promotion.
You have the right to ask us not to process your personal data for marketing purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us. The Website, from time to time, contains links to and from the websites of third parties. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to Information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
19a Hill Street
Eh29JP Email Address
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