Terms & Conditions
These are the terms and conditions (“Terms of Use”) for www.viing.com (the “Website”)
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE, OUR SERVICES, OR PURCHASING PRODUCTS VIA OUR WEBSITE
About us
Viing is the provider of an online platform, accessible through our website https://viing.com/ (the “Website”) which enables a person (an “Organiser”) to set up a digital collection pot (each a “Money Pot”) for the purpose of collecting funds for the benefit of an individual (the “Beneficiary”) so that those funds can be made available for the Beneficiary (including for use by the Beneficiary), or used to purchase certain physical or digital greeting cards, gifts, gift cards, and other products for the Beneficiary as we may make available for purchase from time to time via our Website (“Products”) (our “Services”).
We are Viing Limited, a limited company incorporated and registered in England and Wales (company number 09498368), our registered office address is at 141 Arc Tower 32 Uxbridge Road, London, England, W5 2SN (“Viing”, “we”, “us”, or “our”).
We are not regulated as a payment service provider by the UK’s Financial Conduct Authority (the “FCA”) or any other relevant regulator. In order to make our Services available to you, we have partnered with certain payment service providers who are authorised and regulated by the FCA (each a “Payment Services Provider”). We explain below which Payment Services Provider will be relevant to your use of the Services and how our arrangement with them is to work in the context of the Services.
How to contact us
You can get in touch with us by email to hi@viing.com or using any other contact details that we may make available from time to time via the ‘Contact Us’ section of our Website - https://viing.com/contact.
When do these Viing Terms & Conditions apply and what do they cover?
By using our Website, our services, or using our Website to purchase Products, you confirm that you accept these Viing Terms & Conditions (the “Terms”) and that you agree to comply with them. If you:
● just access our Website and do not use our Services, only Part 3 (General terms and conditions) of these Terms will apply;
● use our Services, but don’t use our Website to purchase Products, Part 2 (Purchasing Gifts and Products) won’t apply, but all other provisions of these Terms will apply; or
● access our Website, use our Services, and purchase Products via our Website, all provisions of these Terms will apply.
If you do not agree to these Terms, you must not use our Website, our Services, or use our Services to purchase gifts or other products.
Part 1 – Setting up an account with us and how Money Pots work
1. Organisers and Contributors
1.1 There are three types of users who may access our Services:
1.1.1 Organisers;
1.1.2 Beneficiaries; and
1.1.3 individuals who wish to contribute funds to a Money Pot (“Contributors”).
1.2 In order to be an Organiser or to use our Services where you are the Beneficiary, you must apply via our Website for an account on our Website (an “Account”) by submitting the details we request to us through the ‘Sign Up’ page on our Website, available here - https://viing.com/register.
1.3 By signing up for an Account, you warrant and represent that you:
1.3.1 are at least eighteen (18) years of age;
1.3.2 are resident of the United Kingdom, a country which is a member of the European Economic Area, or the United States of America if you are acting in the capacity of an Organiser;
1.3.3 do not have any other active Account; and
1.3.4 will only use your Account and the Services for the benefit of the Beneficiary (or not for the benefit of any other person where you are the Beneficiary) and not for any commercial purpose (including for or on behalf of a business).
1.4 You must keep your log-in details, including your username (your email address), private keys, passwords, or other access controls used in connection with your Account to access your Account and the Services (“Security Information”) secure against unauthorised access or use.
1.5 You must not disclose any Security Information to any other person or permit any other person to use your Security Information on your behalf.
1.6 You must inform us immediately if you know or suspect that any of your Security Information has been subject to unauthorised access or use by contacting us at following email address and providing full details of such unauthorised access or use: team@viing.com.
1.7 If you need to reset the password you use to access your Account, you may use the functionality of our Website to request a link which will then be sent to the email address registered with us, subject to any identity checks as we may reasonably require to verify your identity.
1.8 If you lose access to your Account, the password used to access it, and the email account which you registered with us, Viing shall not be liable for the loss of access to your Account, our Products, Services, or any and all Money Pots or Viing Vouchers (as defined below) associated with your Account and your obligations under these Terms shall not be affected.
1.9 We have the right to temporarily suspend access to each Account for technical or maintenance reasons without liability to you, including where we suspect suspicious behaviour or fraudulent activity relating to your Account. We will use reasonable endeavours to limit this type of interruption.
1.10 Contributors do not need to register for an Account except where a Contributor is also the Organiser but must provide us with their name and email for the purposes of identifying the Contribution (as defined in clause 2.3.4 below) as having been made by the Contributor and for us to provide an email receipt referring to each Contribution.
2. Setting up an Occasion and a Money Pot
2.2 When an Occasion is created, a Money Pot linked to that Occasion will be established and Contributors will be able to submit messages (“Contributor Messages”) relating to the Occasion using the functionality of our Website as displayed on the Occasion page.
2.3 When creating an Occasion, the Organiser must provide us with the following information, using the functionality on our Website:
2.3.1 the Beneficiary;
2.3.2 the name of the Occasion;
2.3.3 the name of the Money Pot;
2.3.4 the date by which the Money Pot will be closed to new contributions of funds (each a “Contribution”) by Contributors, which shall be three (3) months after the date that the Occasion is created if no other date is chosen by the Organiser (the “Expiry Date”); and
2.3.5 the email address of each invited Contributor, which must be valid, active, and kept up to date by the Organiser.
2.4 The Organiser may change the Expiry Date from time to time using the functionality of the Website, subject to any maximum time limit or other reasonable restriction we may apply from time to time.
2.5 The designation of the Beneficiary, the purpose for which the Occasion is to be created, and the invitation of each Contributor will be the sole responsibility of the Organiser.
2.6 An Organiser cannot create more than five Occasions simultaneously.
3. Inviting Contributors
3.1 In relation to an Occasion, the Organiser may, using the functionality available through our Website, invite new Contributors from time to time provided that:
3.1.1 the total number of Contributors must not exceed five hundred (500) Contributors; and
3.1.2 the Expiry Date has not been passed, meaning that the Money Pot is still open to Contributions from Contributors.
4. Contributions
4.1 In order to make a Contribution, each Contributor must use the deposit functionality (“Deposit Function”) available on our Website to transfer funds to us using their debit or credit card, we will then credit the Money Pot with an amount equal to the successful Contribution. The Deposit Function is facilitated by our partner Payment Service Provider, who will be:
4.1.1 Butlr Ltd trading as Ryft Pay who are authorised and regulated by the FCA as an authorised payment institution, with registration number: 972895 (“Ryft Pay”); or
4.1.2 only where the Contributor is based outside the UK, Stripe Payments UK Limited, trading as Stripe who are authorised and regulated by FCA as an authorised electronic money institution with registration number: 900461 (“Stripe”).
4.2 When each Contribution is made:
4.2.1 the Payment Service Provider will ensure that the funds relating to that Contribution are routed to a segregated account which is securely held by an authorised payment services provider or bank (the “Contribution Account”);
4.2.2 we will also increase the amount of funds associated with the Money Pot by an amount equal to the funds provided, with the increased balance displayed using the functionality available on our Website; and
4.2.3 the funds which relate to the Contribution will only be used for the purposes set out in these Terms.
4.3 All bank details, payment transaction details, and money transfers are executed by our Payment Service Providers. By using our Services, you acknowledge and agree to the use of the applicable Payment Service Provider to facilitate the making of payments to Money Pots, holding associated funds, and distributing those funds for the purposes set out in these Terms.
4.4 The Organiser shall be notified via email of any new Contribution, except where the Organiser elects not to receive any such email using the functionality of our Website.
4.5 By making a Contribution, each Contributor gives its authority to the Organiser to use whole or part of the Money Pot, up to the amount of funds collected in the Money Pot, in accordance with these Terms.
4.6 The Contribution Account will be provided by the relevant Payment Service Provider and cannot be accessed by the Organiser, the Beneficiary, or any Contributor.
4.7 We will provide instructions to the Payment Service Provider from time to time in relation to the deposit or withdrawal of funds from the Contribution Account in accordance with these Terms, no other person will be permitted to provide instructions to either Payment Service Provider in relation to the funds in the Contribution Account.
4.8 The Contribution Account is not a bank account, funds within the Contribution Account (including funds which relate to each Money Pot and to Viing Vouchers) are not protected by the Financial Services Compensation Scheme, and you won’t earn any interest on the funds in the Contribution Account.
4.9 Each Money Pot will be closed to new Contributions on the Expiry Date. You can contact us by email at: team@viing.com if you would like to make a Contribution after the Expiry Date or to change the Expiry Date after the date given to it has passed, but we can’t guarantee that we will be able to facilitate your request, any such change to the Expiry Date or acceptance of Contributions after expiry of the Expiry Date will be at our sole discretion.
4.10 To the maximum extent permitted by law, except as may be otherwise set out in these Terms all Contributions are final and are non-cancellable and non-refundable; refunds or reimbursements of Contributions cannot be given to Contributors.
4.11 If you consider that a Contribution relates to unauthorised use of your payment card or other payment method such as use of your payment card or access credentials relating to any other payment method after it or they have been lost or stolen, you should notify the payment service provider who issued you with the payment card or other payment method.
4.12 If a Contribution is to be refunded following a successful dispute as permitted by the scheme rules of the payment scheme used to facilitate the payment of the Contribution, such as the Visa or Mastercard schemes for card transactions (each a “Chargeback”), the Money Pot will be reduced by an amount equal to the amount of the Chargeback upon confirmation to us (according to our records) that the Contribution is to be so refunded.
5.1 We, or our third party payment service provider partners, may require that we perform certain Know Your Customer (KYC) or other identity checks on you from time to time for legal, regulatory, or compliance purposes and in each such case, we may ask you to provide certain information or documentation to facilitate any such checks, which may include asking you to produce copies of one item of ID documentation from each the following lists:
Proof of identity (List A):
· current passport (if this is not a UK passport, this must be a colour copy);
· valid UK driver’s licence; or
· EEA member state identity card; and
Proof of address (List B):
· valid UK/EU/EEA photo driver’s licence (if not used from List A);
· utility bill (no more than six months old);
· telephone bill (no more than six months old);
· council tax letter (no more than 12 months old);
· bank or building society statement (no more than three months old);
· credit card statement (no more than three months old); or
· UK, EU, or EEA mortgage statement (no more than 12 months old).
5.2 Where we ask you to provide the information or documentation referred to in clause 5.1:
5.2.1 we will only use it for the purposes of carrying out, or sharing it with each relevant Payment Service Provider to carry out, the checks referred to in that clause; and
5.2.2 if you refuse or do not provide complete and accurate information or documentation:
5.2.2.1 you must immediately stop using our Services; and
5.2.2.2 we have the right to close your Account and your sole remedy will be for us to provide a refund of all Contributions to the relevant Contributors where there are any unused funds associated with your Account.
5.3 You hereby consent to our sharing of the information and documentation you provide to us pursuant to this clause 5 with each relevant Payment Service Provider for the purposes set out in this clause.
6. Administration of the Money Pot
6.1 The Organiser is solely responsible for the administration of the Occasion and the Money Pot.
6.2 Using the functionality of our Website, the Organiser can, at any time, choose to:
6.2.1 extend the Expiry Date of the Money Pot; or
6.2.2 initiate closure of the Money Pot if the Money Pot has no funds in it, by sending an email to: team@viing.com setting out the Organiser’s request for closure.
7. Using a Money Pot
7.1 On or after the Expiry Date, using the functionality of our Website some or all of the funds in a Money Pot can be:
7.1.1 redeemed for an equivalent amount of funds to be sent to the Beneficiary’s bank account;
7.1.2 used to purchase Products in accordance with Part 2 (Purchasing Products);
7.1.3 used to purchase a Viing Voucher (as defined below) for the benefit of the Beneficiary pursuant to clause 9 below; or
7.1.4 redeemed by the Organiser pursuant to clause 12 below, or
any combination of the above.
8. Limitations on the use of Accounts, Money Pots, and Viing Vouchers
8.1 The funds in a Money Pot or which are associated with a Viing Voucher can only be used or redeemed on our Website and in accordance with these Terms, no other person can accept them as a means of payment.
8.2 We reserve the right to immediately close your Account and any all Money Pots associated with it without giving prior notice to you if we become aware of or reasonably suspect unlawful (including fraudulent) behaviour in connection with your Account or a Money Pot. If we do so we shall, if legally permissible, tell you that we have done so.
8.3 Subject to clause 11 below, where we close your Account pursuant to these Terms, your sole remedy and our sole liability to you will be:
8.3.1 to refund all Contributions received in connection with your Account and all Money Pots associated with your Account to the relevant Contributors where you are the Organiser; or
8.3.2 where you are the Beneficiary, to refund all funds associated with any and all Viing Vouchers to the relevant Contributors.
9. Viing Vouchers
9.1 Provided that there are funds associated with a Money Pot, the Organiser may elect to purchase an electronic gift voucher for use by the Beneficiary using the functionality of our Website in an amount equivalent to some or all of the funds then subsisting in the Money Pot (each a “Viing Voucher”).
9.2 Where the Organiser purchases a Viing Voucher:
9.2.1 the Organiser will instruct us to deliver the Viing Voucher to the Beneficiary using the contact details for the Beneficiary provided by the Organiser at the point of purchase; and
9.2.2 we will deduct the funds associated with the Money Pot by an amount equal to the value of the Viing Voucher purchased.
9.3 Provided that the Organiser has provided us with a valid email address for the Beneficiary pursuant to clause 9.2, we will:
9.3.1 contact the Beneficiary by email to inform them that they have received a Viing Voucher and will need to claim it in accordance with the instructions we provide in that email; and
9.3.2 permit the Beneficiary to use the Viing Voucher pursuant to clause 9.4 below, provided that the Beneficiary:
9.3.2.1 either holds or creates an Account with us using the email address provided to us by the Beneficiary; and
9.3.2.2 complies with these Terms.
9.4 Subject to the preceding provisions of this clause 9, where the Beneficiary receives a Viing Voucher, the Beneficiary may use the Viing Voucher to either:
9.4.1 purchase products available via our Website pursuant to Part 2 (Purchasing Products) of these Terms; or
9.4.2 make one or more Money Transfers pursuant to clause 10 below, provided that any such Money Transfer is made to an account in the name of the Beneficiary.
9.5 You hereby acknowledge and agree that the purchase of each Viing Voucher is final, each Viing Voucher is non-reversible and non-refundable.
10.1 If the Organiser elects to send some or all of the funds in a Money Pot to the Beneficiary’s bank account or the Beneficiary elects to redeem some or all of the funds associated with a Viing Voucher to send funds to its bank account (each a “Money Transfer”), the Organiser or, as appropriate, the Beneficiary (the “Sender”) may request us to arrange for the redemption of an amount equal to or less than the total amount of funds in the Money Pot (in the case of the Organiser) or associated with the Viing Voucher (in the case of the Beneficiary) using the functionality of our Website (each a “Money Transfer Request”).
10.2 If we receive a Money Transfer Request, we will process the Money Transfer Request in accordance with the instructions we receive, provided in each case that:
10.2.1 the account which is to receive the funds associated with Money Transfer Request must be held in the name (according to our records) of the Beneficiary;
10.2.2 the amount of funds to be redeemed meets or exceeds an amount equal to any minimum requirement for Money Transfers which we publish on our Website from time to time;
10.2.3 the Sender has provided complete and accurate information in connection with the Money Transfer Request to enable the Money Transfer to be made;
10.2.4 the Money Transfer Request does not, or is not likely to cause us to be in breach of applicable law or regulations; and
10.2.5 the Money Transfer Request is not rejected by any relevant third party, including the provider or operator of the payment scheme who is to facilitate the Money Transfer, any governmental or regulatory authority of competent jurisdiction, or a third party payment service provider who is to facilitate the Money Transfer.
10.3 Where we process a Money Transfer Request, we will deduct an amount equal to the total amount of the funds which are subject to the Money Transfer Request from:
10.3.1 the Money Pot where the Sender is the Organiser; or
10.3.2 one or more Viing Vouchers associated with the Beneficiary’s account where the Sender is the Beneficiary.
11. Expiration of Money Pots and Viing Vouchers
11.1 If the Organiser does not use any of the collated funds in the Money Pot in accordance with these Terms within one (1) month after the Expiry Date, we will send a reminder email to the email address given to us by the Organiser for contact purposes confirming that funds are available for use.
11.2 If the Organiser does not use or request the redemption of all funds in the Money Pot within six (6) months after the Expiry Date, we will assume the Money Pot and the funds associated with it are no longer required, the Money Pot will expire, and you hereby agree that ownership of the funds associated with the Money Pot will transfer to us.
11.3 Where the Organiser has purchased a Viing Voucher, each such Viing Voucher will expire on expiry of the period of four (4) months after the date of the purchase of the Viing Voucher (according to our records) if the Viing Voucher has not been used or redeemed in accordance with these Terms, and upon expiry of that period the Viing Voucher and the funds associated with it will be lost, and you agree that ownership of the funds associated with the Viing Voucher will transfer to us.
12. Redeeming funds relating to a Money Pot
12.1 Subject to clause 9 and the rest of this clause 12, we may (at our sole discretion) permit the Organiser to redeem the funds in a Money Pot after the Expiry Date via a transfer of funds to a UK bank account nominated by the Organiser, in an amount equal to the equivalent monetary value of the funds in the Money Pot at the time of our actioning the Organiser’s request (according to our records) or any lower amount the Organiser elects to redeem (the “Redemption Amount”).
12.2 If we permit a request by an Organiser for the redemption of funds under clause 12.1 above (each a “Redemption Request”) we will process the Redemption Request in accordance with the instructions we receive, provided in each case that:
12.2.1 the account which is to receive the Redemption Amount must be held in the name (according to our records) of the Organiser;
12.2.2 the Redemption Amount meets or exceeds an amount equal to any minimum requirement for Redemption Requests which we publish on our Website from time to time;
12.2.3 the Organiser has provided complete and accurate information in connection with the Redemption Request to enable the Redemption Request to be made;
12.2.4 the Redemption Request does not, or is not likely to cause us to be in breach of applicable law or regulations; and
12.2.5 the Redemption Request is not rejected by any relevant third party, including the provider or operator of the payment scheme who is to facilitate the Redemption Request, any governmental or regulatory authority of competent jurisdiction, or a third party payment service provider who is to facilitate the Redemption Request.
12.2.6 our approval will be subject to and conditional upon any checks we may require to verify the Organiser’s identity and any policies or procedures we then have in place relating to Redemption Requests; and
12.2.7 if we do so approve and execute a Redemption Request, we will deduct an amount equal to the Redemption Amount from the funds associated with the Money Pot.
12.3 The Organiser acknowledges and agrees that we shall be entitled to a fee equal to five percent (5%) of the Redemption Amount (the “Redemption Fee”) in relation to each successful Redemption Request, which shall be deducted by us from the Redemption Amount prior to arranging for the transfer of the remainder of the Redemption Amount to the account nominated by the Organiser under clause 12.1 above after deducting the Redemption Fee.
1. Placing Orders
1.1 The Organiser may use the funds in the Money Pot and the Beneficiary may choose to spend one or more Viing Vouchers associated with its Account to purchase Products via the Website for the benefit of the Beneficiary.
1.2 We are not a marketplace, the Organiser and the Beneficiary can only purchase products from us through our Website and not from any other person.
1.3 When the Organiser or Beneficiary places an order for any Products via our Website (each an “Order”), our acceptance of the Order will take place when we email the Organiser or Beneficiary (as appropriate) to confirm the dispatch of the Products which are the subject of the Order.
1.4 We may not be able to accept Orders at our discretion from time to time, including for the following reasons:
1.4.1 if all or any of the Products selected in your Order are no longer in stock;
1.4.2 if there has been a pricing or product description error;
1.4.3 if you do not meet any requirements set out in these Terms; and
1.4.4 due to restrictions on us under applicable law, we cannot sell alcoholic products to anyone under the age of 18. We may refuse an Order for alcoholic items at our discretion. By placing an Order for Products containing alcohol, you confirm that both you and, where you are the Organiser, the Beneficiary are aged 18 years or over.
1.5 If we cannot accept your Order we will contact you to confirm this and we will not (as appropriate) charge your Money Pot or reduce the amount of funds associated with your Viing Voucher for the Products to which the Order relates.
1.6 The Website is solely for the promotion of Products in the UK. Unfortunately, we do not currently accept Orders from or deliver to addresses outside the UK.
1.7 We use all reasonable endeavours to make sure that each of the Products listed on the Website for purchase are shown accurately and that prices are correct. However, we may substitute any Products with a similar or superior product if necessary, of equal or greater value.
1.8 The images of the Products on the Website are for illustrative purposes only. We make every effort to show the Products as accurately as possible, however the Products you receive may vary from these images.
1.9 The price of each of the Products will be the price indicated on the order confirmation page when you placed your Order.
1.10 The price of each Product includes VAT at the prevailing rate (currently the standard rate is 20%).
2. Purchasing a Group Greetings Card
2.1 Physical or electronic greetings cards containing messages from Contributors (each a “Group Greetings Card”) are available for purchase as Products from time to time.
2.2 Where a person is to provide any kind of message, media, or other content through our Website, including for the purposes of a Group Greetings Card being compiled, the provisions of clause 1.4 (User generated content) of Part 3 (General terms and conditions) will apply to all such content.
2.3 Where the Organiser places an Order for a Group Greetings Card, the Organiser will choose a design, which will be:
2.3.1 printed and delivered by post to the address provided by the Organiser via the Website in the case of physical Group Greetings Cards; or
2.3.2 emailed to an email address provided to us by the Organiser where the Order relates to a digital Group Greetings Card.
2.4 The Organiser may use the available funds in the Money Pot to pay for the Group Greetings Card or the Group Greetings Card can be purchased separately. The price for the Group Greetings Card will be displayed upon selection of the Organiser’s chosen Group Greetings Card using the functionality of our Website. Once the card has been ordered, no refunds can be made.
2.5 Due to the custom nature of the Group Greetings Cards, the preview of the Group Greetings Card selected by the Organiser on our Website may not accurately represent the final product once received. The size and shape of the card may vary. The messages inside will reflect the content written by all Contributors. The choice of font size and layout of the text inside the Group Greetings Card is at our sole discretion.
3.1 Delivery of a gift card or e-code
3.1.1 We will email each digital gift card or e-code to the email address provided by the Organiser or make it available for download by the Organiser as soon as possible after we accept the Order to which the digital gift card or e-code relates.
3.1.2 It is the Organiser’s responsibility to ensure that the email address provided for delivery of each digital gift card or e-code is complete and accurate. We will not be liable for any digital gift card or e-code which is not received due to the Organiser providing us with an incorrect email address.
3.1.3 Once a digital gift card or e-code is purchased, it is non-refundable.
3.2 Delivery of Physical Products
3.2.1 During the order process, we will notify the Organiser of the expected timeframe for receiving the physical gift where the Order relates to the purchase of physical Products. We will also make the Organiser aware of any delivery charges prior to our acceptance of your Order. Delivery times and charges will differ depending on which Products are the subject of the Order.
3.2.2 The dispatch date is the day the physical Products ordered by the Organiser have been posted, not the day on which those Products will be delivered.
3.2.3 It is the Organiser’s responsibility to ensure that:
3.2.3.1 the delivery address provided for delivery of the physical gift is correct; and
3.2.3.2 the Products are ordered with sufficient time in advance to allow for the processing and delivery of the Products ahead of the date the Organiser may desire.
3.2.4 We will not be liable for any physical gift which is not received due to the Organiser providing us with an incorrect or incomplete delivery address.
3.3 Changing or cancelling an Order
3.3.1 Orders cannot be changed once the Order has been accepted, and may only be cancelled in accordance with this clause 3.3 or under clause 3.4 (Issues with Products).
3.3.2 For most Products bought via our Website you have a legal right under the Consumer Contracts Regulations 2013 to cancel your Order for any reason within fourteen (14) after you (as the Organiser) or the Beneficiary receives the last of the Products to which your Order relates and receive a refund (in the form of the credit of funds to the Money Pot where you are the Organiser, or a Viing Voucher where you are the Beneficiary), such as where you change your mind following your purchase.
3.3.3 The right to cancel does not apply to certain Products such as:
3.3.3.1 Products that are made to your specifications or are personalised, including Group Greeting Cards and electronic gift vouchers;
3.3.3.2 Products which are liable to deteriorate or expire rapidly;
3.3.3.3 the supply of alcoholic beverages, where delivery of them can only take place after 30 days, and the value of the Products is dependent on fluctuations in the market which cannot be controlled by us;
3.3.3.4 where the Products are sealed which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;
3.3.3.5 if the Products are sealed audio or sealed video recordings or sealed computer software, and the Products become unsealed after delivery; and
3.3.3.6 the Products become mixed inseparably with other items after delivery.
3.3.4 If you aren’t sure whether you have the right to cancel, or to cancel or change an order please email team@viing.com and quote your Order number. The Order will only be deemed to have been cancelled once you have received a confirmation of the cancellation via email from us.
3.3.5 If you choose to exercise your right to cancel, you or the Beneficiary must post the returned Products in accordance with the instructions we give to you. If you choose to do this, you must ensure that the returned Products are posted in accordance with those instructions within 14 days of you telling us that you have changed your mind. Returns are at your own cost.
3.3.6 If you return Products after exercising your right to cancel, you or the Beneficiary must use an established delivery service and should keep a receipt or other evidence from the delivery service that proves the Products have been returned and when they were sent. If you or the Beneficiary don’t do this and we or our nominated partner don’t receive the Products at all or within a reasonable time, we won't provide you with a refund. For help with returns, including our collection arrangements for goods which can't be posted, you can contact our returns team by sending an email to team@viing.com setting out your request for support.
3.3.7 We only refund standard delivery costs. We don't refund any extra you have paid for express delivery or delivery at a particular time.
3.3.8 We will reduce the amount of your refund if the Products have been used or damaged. If any Products are handled in a way which would not be acceptable in-store, we will reduce your refund, to compensate us for its reduced value. For example, we will reduce your refund if the condition of any returned Products is not "as new", price tags have been removed, the product-branded packaging is damaged or accessories are missing. In some cases, it may be that no refund is due because of the way you or the Beneficiary have treated the Product. Our Customer Service Team, contactable by sending an email to team@viing.com, can advise you on whether we're likely to reduce your refund.
3.3.9 If the Products are digital content or goods that haven't been delivered or that we're collecting from you, we will refund you as soon as possible and within 14 days of you telling us you've changed your mind. If your cancellation relates to Products that you're returning, we will refund you within 14 days after receiving them back from you or the Beneficiary (or receiving evidence the Products have been returned in accordance with our instructions).
3.3.10 In each case where we are to issue a refund to you for Products and any associated delivery charges under these Terms, we will refund you by increasing the funds held in the Money Pot where you are the Organiser, or issuing you with a Viing Voucher where you are the Beneficiary. We don't charge a fee for the refund.
3.4.1 If you think there is something wrong with any Products, such as in the unlikely event that a physical gift is faulty, or it is damaged in delivery or is the wrong item, please email team@viing.com and quote your order number to let us know of the problem as soon as possible. We will then advise you on whether you are eligible for a refund or replacement.
3.4.2 We honour our legal duty to provide you with Products that are as described to you on our Website and that meet all the requirements imposed by law. You may have rights under the Consumer Rights Act 2015 and related legislation in relation to the Products you order, for detailed information on any rights please visit the Citizens Advice website: www.citizensadvice.org.uk.
3.4.3 Please note that if the Product is perishable, we need to be informed of any problem with the Product within three (3) days after delivery to give us the best chance of resolving the issue. We will, at our discretion, consider issues raised after three (3) days, but reserve the right to refuse a refund or replacement.
3.4.4 If you are eligible for a refund, we will process any refund due in accordance with clause 3.3 (Changing or cancelling an Order) above.
3.5 Product Complaints
3.5.1 If you wish to make a complaint in relation to your Order or the Products relating to your Order, please email team@viing.com, you will need to quote your Order number and the email address that you have registered with us.
3.5.2 We aim to acknowledge any complaint within three (3) business days and will try to resolve the complaint as soon as possible. If your complaint relates to any Products, we may ask you to take a timed photograph of the relevant Products to help us resolve your complaint and to correct any future problems.
Part 3 – General terms and conditions
1. Using our Website
1.1 How you may use our Website
1.1.1 You may link to our 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 without our prior, written consent. You must not establish a link to our Website in any website that is not owned by you. We reserve the right to withdraw linking permission without notice.
1.1.2 Our Website is directed to people residing in the United Kingdom. We do not represent, warrant, or guarantee that content available on or through our Website is appropriate for use or available in other locations.
1.2 How you may use material on our Website
1.2.1 The data, information, works, and materials available on our Website are referred to collectively in these Terms as “Content”. You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use or to the extent necessary for your use of the Services.
1.2.2 All Content is owned by Viing or third party providers and is protected by applicable intellectual property rights and laws.
1.2.3 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.
1.2.4 Our status (and that of any identified contributors) as the authors of Content on our Website must always be acknowledged (except where the Content is user-generated).
1.2.5 If you breach any provision of this section, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made (except that you are permitted to print off a copy of these Terms).
1.3 What you can’t do with or in relation to our Website or Content
You must not:
1.3.1 use our Website or Content, or any part of them for commercial purposes without first obtaining a licence to do so from us;
1.3.2 misuse our Website by introducing or permitting the introduction of viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with our Website or any part of it;
1.3.3 attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website, or any other equipment or network connected with our Website;
1.3.4 interfere with, damage or disrupt any software used in the provision of our Website or any equipment or network or software owned or used by any third party on which this Website relies in any way;
1.3.5 attack our Website via a denial-of-service attack or a distributed denial-of-service attack;
1.3.6 conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Website, any Content, or any services provided via, or in relation to, our Website for any purpose, including the development, training, fine-tuning or validation of AI systems or models;
1.3.7 use or permit, authorise, or attempt the use of any automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our Website or any data, Content, products, or services accessed via the Website;
1.3.8 frame or mirror on any other website or using any framing or mirroring software in connection with our Website, nor may you create a link to any part of our Website other than the home page; or
1.3.9 attempt to bypass any of the security measures implemented on the Website or on any of the computer systems on which the Website resides.
1.4.1 This section applies where any part of our Website allows you to publish or post any data, information, works, documents, videos, photographs, materials, or other content of any kind which has not been created or distributed by us (“User Content”).
1.4.2 You are solely responsible for all User Content you publish or post to the Website or transmit to other users of the Website and hereby warrant and represent that you have all necessary consents, permissions, licences, and other authorisations to publish or post such User Content in the manner in which it is published or posted and for the User Content to be used in the manner contemplated by these Terms.
1.4.3 You agree that by interacting with the Website or providing User Content to us, you are granting us, our affiliates, and other users of our Website and Content permission to use that User Content for the purposes that it is provided, including the use of any Content in accordance with these Terms.
1.4.4 You agree that any and all User Content which is displayed on our Website or which is to be used in accordance with any Products will not be considered to be confidential information or proprietary to you.
1.4.5 You will not submit any User Content that contains offensive, obscene or otherwise unlawful references, offensive language, or other material that we may consider could bring us or the Website into disrepute.
1.4.6 You agree not to, and not to attempt to, transmit any chain letters, spam letters, or junk email to other users of the Website, and not to participate in mischievous or malicious behaviour which causes damage or may cause damage to us or the Website or any of the computer systems on which the Website resides.
1.4.7 We reserve the right to remove any and all User Content which we reasonably consider to be in breach of this clause 1.4.
1.5 Do not rely on this Website or the Content available on this Website
1.5.1 Our Website and the Content on our Website is provided for general information only and is provided on an ‘as-is’ and ‘as-available’ basis. We make no representations, warranties or guarantees, whether express or implied, in respect of the Content or the Website. We do not warrant that the Content or the Website will be error free, free of viruses, or free from defamatory, offensive, infringing or other harmful matter. Except where otherwise expressed or agreed, all opinions, advice, statements, offers or other information made available through this Website are provided for convenience only, should not be relied upon, and we assume no responsibility to you in respect of such Content.
1.5.2 Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the Content on our Website is accurate, complete or up to date.
1.6 We are not responsible for websites we link to
Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources, if you choose to access them it is at your own risk.
1.7 We may suspend or withdraw our Website
1.7.1 We do not guarantee that our Website, or any Content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website at any time for any reason.
1.7.2 You are responsible for ensuring that all persons who access our Website using your equipment, through your internet connection, or on your behalf are aware of these Terms and all other applicable terms referred to in these Terms, and that they comply with them at all times.
2. Prohibited activities
2.1 You may not use our Website or Services for activities that:
2.1.1 breach any law or regulation;
2.1.2 breach any financial, economic, or other sanctions issued by the United Nations or any governmental authority of competent jurisdiction in the USA, United Kingdom, or European Union;
2.1.3 relate to the misappropriation of the identity of any other person, or the falsification your age or identity;
2.1.4 relate to the distribution of personal data or information about any other person, such as their postal address, phone number, email address, credit card numbers;
2.1.5 relate to transactions involving any of the following: (a) narcotics, steroids, controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) cigarettes, (d) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (e) stolen goods including digital and virtual goods, (f) the promotion of hate, violence, racial intolerance or the financial exploitation of a crime, (g) items that infringe or misappropriate the rights of any other person, including any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (h) sexually oriented services, or (i) ammunition, firearms, or firearm parts or accessories;
2.1.6 relate to transactions which: (a) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes, (b) are used to process a payment for the supply of goods or services between the Organiser and the recipient of the payment, except where we are the recipient, (c) involve gambling, or (d) involve offering or receiving payments for the purpose of bribery, corruption, or the exploitation (including slavery or servitude) of any person or persons.
2.2 We encourage you to report violations of clause 2.1 to us immediately. If you have a question about whether your use of our Website or Services, including whether the type of transaction contemplated by you may violate those restrictions, you can email us at info@viing.com.
2.3 We reserve the right (at our sole discretion) to refuse access to or use of our Website and Services (including with respect to any Account) if we become aware of or reasonably suspect that you are using or are likely to use our Website or Services in breach of clause 2.1.
3. Monitoring use of our Website and our Services
3.1 We have developed robust monitoring procedures to identify suspicious activity for the purpose of monitoring compliance with applicable law and regulations. As part of our commitment to preventing money laundering and terrorist financing, we reserve the right to monitor all transactions and account activities relating to our Website and services.
3.2 If we detect any activity deemed suspicious, we may take appropriate action at our sole discretion, which can include:
3.2.1 investigation of activities: conducting a thorough review of the transaction or Account activity in question;
3.2.2 temporary Account suspension: placing a temporary hold on the Account while we investigate the suspicious activity, we will only restore access to the Account at our sole discretion and only after we are satisfied that ongoing use of the Account is not reasonably likely to result in a breach of applicable law or regulations; or
3.2.3 Account closure: refunding all transactions and permanently closing the Account.
4. Intellectual Property Rights
We are the owner or the licensee of any and all rights, title and interest, including any and all intellectual property rights in and to our Website, and in the Content published on it. Those works are protected by laws relating to the protection of intellectual property rights around the world, including copyright laws and treaties. All such rights are reserved, by accessing and using our Website and Content, you acquire no right, title, or interest in or to our Website or Content save for the limited rights of access and use set out in these Terms.
5. Confidential Information
5.1 You agree that the only confidential information that you may provide to us in connection with these Terms will be your contact details (including your name and address), the contact details of any other person you provide to us, the card details you provide to us in connection with any card transaction and the account details relevant for any bank transfer to be made to you or your nominated recipient in accordance with these Terms (“Confidential Information”).
5.2 We undertake to: (i) keep your Confidential Information confidential, (ii) not to disclose Confidential Information except without your prior written consent except where we are permitted to do so under these Terms or to our affiliates and our, or any of our affiliates’ employees, directors, other officers, agents, or contractors who need to know it, and (iii) only use Confidential Information for the purposes of performing our obligations under this Agreement.
5.3 Clause 5.2does not apply to any Confidential Information we are required to disclose in order to comply with applicable law or regulations.
6. Our responsibility for loss or damage suffered by you
6.1 Please read this section carefully as it sets out the limits of our liability to you in relation to your use of this Website and our Services.
6.2 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 and for fraud or fraudulent misrepresentation.
6.3 If we fail to comply with these Terms, we will only be liable for losses or damages you suffer which are a reasonably foreseeable result of our material breach of these Terms. We will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us.
6.4 We expressly exclude and disclaim any and all implied conditions, warranties, representations or other terms that may apply to your access to and use of this Website any Content on it, including without limitation, any warranties to the availability, accuracy, or integrity of information, products or services, and any warranties of satisfactory quality, fitness for a particular purpose, or non-infringement of any third-party rights including, without limitation, intellectual property rights.
6.5 We only provide the Website and our Services for domestic and personal use only. You agree not to use the Website or our Services for any commercial or business purposes, and to the maximum extent permitted by law we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6.6 You will be liable to us for all claims, damages, losses and costs (including reasonable legal fees) arising out of any breach of these Terms by you, or your use of the Website or Services, or the use of the Website or Services by any other person using your Security Information.
6.7 We shall not be liable to you for any and all errors, omissions, interruptions or delays of transactions executed through the Website resulting from unauthorised access to the Website. We shall not be liable for the theft, destruction, or unauthorised communications of data resulting from unauthorised access to the Website.
7. How we may use your personal information
We will only use your personal information as set out in our Privacy Policy available here: https://viing.com/privacy.
8. Changes to the Website and these Terms
8.2 You may refuse changes to the Terms which are made by us under clause 8.1 by notifying us of your refusal in writing sent by registered post with acknowledgement of receipt at our registered address (which is set out above) and where you do so:
8.2.1 if you are the Contributor, you must stop using our Website, any further access to or use of our Website or making of a Contribution by you will constitute deemed acceptance of the amended Terms;
8.2.2 if you are the Organiser, your sole remedy will be to request that we close your Account, and our sole liability will be to refund any and all Contributions which relate to unused funds in each Money Pot; or
8.2.3 if you are the Beneficiary, your sole remedy will be request that we close your Account and our sole liability will be to make a Money Transfer to you of an amount equivalent to the total Viing Vouchers associated with your Account as at the date we receive your request to do so pursuant to these Terms and, in the absence of any such request, the Viing Vouchers associated with your Account will expire in accordance with clause 9 (Expiration of Money Pots) of Part 1 of these Terms).
8.3 You will be deemed to have accepted changes to these Terms made by us under clause 8.1 on the earlier of: (i) you continuing to use our Services after we have made the change, and (ii) expiry of the period of seven (7) days after we have made the change (according to the date set out at the top of these Terms).
8.4 These Terms were most recently updated as set out at the top of these Terms.
9. General
9.1 We can transfer our contract with you, so that a different organisation is responsible for supplying your Products. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the agreement between us which is based on these Terms.
9.2 We're not responsible for delays outside our control. If our supply of any Products or the performance of any Services is prevented or delayed by an event outside our control, such as acts of God, war, terrorism, fire, epidemics, pandemics, natural disasters, or failures of our partner payment service providers we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact us at team@viing.com to request whether we can cancel any affected Order in relation to any Products for which you have paid in advance, but which have not been delivered.
9.3 Nobody else has any rights under these Terms. Each agreement formed between you and us which are based on these Terms is between you and us only. Nobody else can enforce any such agreement and neither of us will need to ask anybody else to sign-off on ending or changing it.
9.4 If a court invalidates some of these Terms, the rest of them will still apply. If a court or other authority decides that some of these Terms are unlawful, the rest will continue to apply.
9.5 Even if we delay in enforcing these Terms, we can still enforce them later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
9.6 Which country's laws apply to any disputes? These Terms, their subject matter and their formation (and any non-contractual disputes or claims) shall be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.