Terms Of Service
This page (together with the documents referred to on it) tells you the terms upon which you may use this website (www.heart-cart.com) (“Site”) and relevant applications, whether as a guest or a registered user. Please read these terms of use (“Terms”) carefully before you start to use our Site and applications. By using our Site and applications, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Site.
1. Definitions
"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. Heart-Cart.com
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 support@heart-cart.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.
7.10 Third party websites may collect and treat information they collect differently, so Shop ‘n Give Group encourages you to carefully read and review the privacy policy and terms of use for each website you visit.
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. Data Protection and Privacy Policy
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.
8.2 Shop ‘n Give Group reserves the right to gather information relating to use of the Website. Please refer to our privacy policy for information on how your details are used. By visiting and using the Website and applications you consent to collection and use of this information by Shop ‘n Give Group in accordance with our privacy policy (can be accessed through our website heart-cart.com) and warrant that all data provided by you is current, complete and accurate and will be kept up to date. We use cookies to store information on your local computer. These cookies do not contain any personal information; they serve only to facilitate the heart-cart.com experience. By using this website, you agree under Regulation 6 of the Privacy and Electronic Communications Regulations 2003 (PECR), you are acknowledge the following:
1. You can refuse to accept cookies from this website by configuring your browser to refuse cookies from the domain heart-cart.com. By doing so you will not be able to log in and we will not be able to display accurate information to you.
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.
4. Our use of cookies comes under the “Strictly Necessary” definition of the regulations, and therefore we do not need to explicitly pop up a message for each cookie set or modified.
9. General
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.
