1.2. What we do: We provide a platform (gaiacard.co.uk) where we, our local affiliates and other partners (collectively, “Sellers”) can list offers for Vouchers, deals, goods, getaways and other products (collectively, “Items”). As a platform provider, we help facilitate transactions for Items on our platform. We are never a buyer and usually not the Seller; we provide a venue for Sellers and you to negotiate and complete transactions. This means that in addition to this Agreement, you will have other contractual relationships with different legal entities when you interact with the Site.
1.3. What are all of the legal relationships: Whatever offer you use via the Site will be subject to the terms and conditions of that Seller. Since GAIA Card Limited is not usually a Seller, this means that your contract of sale will most likely be with a different legal entity (often a partner of GAIA CARD LIMITED). But please note that any contracts formed at the completion of a sale for items are solely between you and the Seller (and not GAIA Card Limited). The Seller is responsible for the sale and for dealing with any claims or any other issue arising out of or in connection with the contract between you and the Seller.
1.4. What we also do: We may provide a forum to submit or post User Content, as well as send newsletters and other communications to you.
1.5. Scope of Use: You may access the Site only through our app, standard web and mobile browsers and similar consumer applications, but not with any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, or data mine our Site, via scraping, spidering or otherwise. As an exception, revocable at any time by us, operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
1.7. Prevention on use: We reserve the right to prevent you from using the Site and the Services (or any part of them).
2.0 REGISTERING WITH US AND YOUR ACCOUNT
2.1. Why Register: Depending on the particular functionality of our Site at any time, you may or may not need to Register to use much of its functionality or to access many of our Services. However, you must Register in order to make a purchase. Your Account will provide you with easy access to view your offers & to view past deals. We reserve the right to decline a new Registration or to cancel an Account at any time. You Register with us so you don’t have to re-enter your information.
2.2. How to Register: To Register you need to supply us with your name, postcode, email address, and possibly some other personal information.
2.3. Passwords: During Registration, you will also need to supply us with your password. You must keep the password confidential and immediately notify us if any unauthorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You agree that we are not responsible or liable in the event that a person to whom your password is disclosed uses (and/or transacts via) our Services and Site. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
2.4. Valid email addresses: All Accounts must be Registered with a valid personal email address that you access regularly. Any Accounts which have been Registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require users to re-validate their Accounts if we believe they have been using an invalid email address.
2.5. Emails: GAIA Card Limited may send you administrative and promotional emails. We may also send you information regarding your Account activity and purchases, as well as updates about our Site and Services or other promotional offers. We may also send you information regarding purchases you’ve made. (You can opt-out of our promotional e-mails at any time by clicking the unsubscribe link at the bottom of any of such e-mail correspondence.)
3.0 MEMBERSHIP TERMS
3.1 Your membership is automatically renewed at the end of each membership period
3.2 Your expiry date is shown on the back of your physical card but you can also view it digitally in your GAIA Journey account
3.3 When you accept the T&Cs you agree to go ahead with the service
3.4 Your 14-day cooling off period starts the day after you agree to go ahead with GAIA Card Limited services
3.5 If you sign up for GAIA Card Limited via our website or landing page we will process your personal information with good intentions and with a key interest
3.6 Some restaurants or businesses may have specific exclusions, you can view these on the offers page
4.0 USER CONTENT
4.1. User Content: The Site may provide Account holders and visitors to the Site various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses, and other communications, as well as files, images, photographs, video, sound recordings, musical works and other content (collectively, “User Content”). User Content may be submitted or posted through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs or other communication facilities that may be offered on, through, or in connection with the Site or Services from time to time. You may be required to have an Account to submit User Content.
4.2. Creator of the User Content: In contributing any User Content, you represent and warrant that you are the creator of the User Content, or if you are acting on behalf of the creator, that you have express, advance authority from the creator to submit or post the User Content, and that you have all rights necessary to grant the licenses and grants set out in this Agreement in respect of that User Content. You further represent and warrant (or, if you are acting on behalf of the creator of the User Content, you have been assured that the creator represents and warrants) that the sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks or any other intellectual property rights or rights of third parties, including the rights of publicity or privacy.
4.3. Restrictions: You will not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. GAIA Card Limited does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. Other restrictions and forbidden activities you should be aware of are listed in section 5, below.
4.4. Use of User Content: GAIA Card Limited has the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove and monitor the User Content. GAIA Card Limited assumes no liability for any User Content or other information that appears or is removed from the Site or elsewhere. GAIA Card Limited has no obligation to use your User Content.
4.5. Copyright Procedures:
5.0 STANDARDS AND GAIA CARD LIMITED LIMITATION OF ITS LIABILITY
5.1. The standards we operate under: GAIA Card Limited always tries its best at what it does and promises that:
5.2. we will exercise reasonable care and skill in performing our obligations under this Agreement; and
5.3. and we will not contravene the requirements of professional diligence in what we do.
5.4. Section 4 is important!: This section 4 takes precedence over all other sections in this Agreement and sets forth our entire Liability in respect of the performance, non-performance, purported performance or delay in performance of this Agreement or the Services or Site or any purchase (or any part of them); or otherwise in relation to this Agreement or the entering into or performance of this Agreement.
5.5. What we are responsible for: Nothing in this Agreement shall exclude or limit our Liability for (i) fraud; (ii) death or personal injury caused by our negligence; (iii) serious misconduct by us, excluding serious misconduct not conducted by Groupon International itself; or (iv) any Liability which cannot be excluded or limited by applicable law.
5.6. Categories of loss that we are not responsible for: Notwithstanding Clause 4.3, since we only provide the Site and Services for your non-business use, we are never liable for:
5.7. loss of income or revenue;
5.8. loss of actual or anticipated profits;
5.9. loss of business; or
5.10. indirect or consequential loss (and for the avoidance of doubt, we understand the words “consequential loss” to mean “consequential losses whether those losses are foreseeable, known, foreseen or otherwise”).
6.0 MEMBERSHIP TERMS
6.1 Your membership is automatically renewed at the end of each membership period
6.2 Your expiry date is shown on the back of your physical card but you can also view it digitally in your GAIA Journey account
6.3 When you accept the T&Cs you agree to go ahead with the service
6.4 Your 14-day cooling off period starts the day after you agree to go ahead with GAIA Card Limited services
6.5 If you sign up for GAIA Card Limited via our website or landing page we will process your personal information with good intentions and with a key interest
7.0 STATUS WITHIN GAIA CARD LIMITED
7.1 By subscribing with GAIA Card Limited you agree that you are entering into a binding contract and that you are at least over the age of 16
8.0 CONSUMER RIGHTS
8.1 To cancel your membership you must contact GAIA Card Limited customer service
8.2 You are entitled for a full refund if you cancel your membership within your 14-day cooling off period
9.0 PRICE & PAYMENT
9.1 There is a fee for replacement cards that have been purchased should you require one
9.2 Price includes VAT
9.3 Payments must be made via credit or debit card. We will charge you once your order has been placed
10.0 MEMBERSHIP / PARTICIPATING PARTNERSHIPS
10.1 Some of our partners may have their offers excluded on celebration days (bank holidays, fathers day, mothers day, christmas). Check our site and also look at participating partners sites for confirmation.
10.2 Offers on our gaiacard.co.uk website are only valid for individuals with valid memberships
10.3 Expiry of each membership will differ for each individual. Your expiry date will
10.4 Participating partners reserve the right to check your membership is valid before offer can be used
11.0 LAW & JURISDICTION
11.1 These Terms shall be governed by the laws of England and Wales.