Terms & Conditions
This is the terms & conditions for www.viing.com (the “Website”)
Please read the Viing General Terms and Conditions carefully. If you wish to become a User, you must read these General Terms and Conditions and accept them within the context of the registration process.
Viing is an online platform (the “Platform”) that enables groups of any size (“Users”) to collect funds for a beneficiary (the “Recipient”).
Users that wish to contribute to a collection (“Contributors”) do not need to register with the Platform. Contributors must use their normal debit or credit card in order to contribute.
For the purposes hereof, the words here after are defined as follows:
Bank Transfer: means a transfer request by the Organiser to the Beneficiary’s bank account of the amount of the reimbursement receivable of the Money Pot.
Beneficiary: The person designated as the beneficiary of the funds; the Beneficiary can be the organiser or another recipient;
Business Day: means a calendar day excepting Saturdays, Sundays, and public holidays in the United Kingdom.
Contract: means these General Terms and Conditions
Contributor: Users that wish to contribute to a collection. Contributors do not need to register with the Platform. Contributors must use their normal debit or credit card in order to contribute
Contribution: Amount in Sterling paid into the Money Pot by a Contributor;
Credit Card: Debit or credit card, valid in the UK and not expired, subject to their authorisation by the Platform (Visa, MasterCard) used in order to pay Participation.
Platform: means the online Platform Viing Ltd, registered in the UK with Companies House, under registration number 09498368. The registered offices are at 23 Raith Avenue, London N147DU
Group Greetings Card: A physical or electronic greetings card containing all messages from Contributors, along with the name the Organiser discloses.
Login: means the data necessary to identify the User by the Platform which includes a User name (valid email address) and a password.
Money Pot: means the total funds gathered and held by the Platform with the aim to purchase a product from one of our partners or to carry out a bank transfer under the responsibility of the Organiser.
Occasion: means the URL page set up, which shows the Money Pot (where relevant) and the messages written by Contributors.
Organiser: means the User who originated the creation of the Occasion and mandated by the Contributors to administer the funds. Organisers must register with the platform.
Product or Gift: any physical gift, gift card or e-code listed on the Website.
Payment Provider: Stripe Limited
Special Conditions: means the information to be filled-in by the User for his or her registration with the Website, which includes the information necessary to the entering into of this document and regarding, in particular, his or her last name, first name, date of birth, valid email address and password. Such information is provided to the Platform for the purpose of the account opening
Supplier: a third party provider or retailer of a Product listed on the Website.
User: Any natural person or legal entity acting on his or her own behalf as a Contributor or Organiser.
Website: means the website www.Viing.com created and managed by the Platform.
The purpose of these General Conditions of Use is to define the conditions on which the Platform and the Payment Provider supply to the User the services of creation, management, and use of its money pot.
These General Conditions of Use constitute the whole Contract entered into between the Parties regarding the service offered by the Platform.
3. User Registration
3.1 Necessary and previous conditions to the registration
In order to register, the User must be at least 18 years old and be legally capable throughout the duration of the Contract.
3.2 Registration procedure and creation of a User’s account
At his/her registration, the User shall provide, in particular, his/her last name, first name and email address. The User must indicate a login, which includes a User name (valid email address) and a password. The User is solely responsible for maintaining the confidentiality of his/her Login. The User agrees not to use at any time the Accounts, name or User name owned by another User, neither to disclose his/her login to a third party. The User agrees to immediately inform the Platform, in case he/she suspects a non-authorised use of his/her login at the following email address: email@example.com.
The User is solely responsible for any use of his/her login.
By accepting these General Conditions of use, the User agrees that the Platform processes his/her registration to the dedicated service of the Payment Provider, whenever it deems necessary. The creation of the Account formalises the creation of the Contract between the Platform and the User. The Payment Provider, through the Platform, is allowed to request for further information and identification data to the User, and all supporting documents it may consider useful.
The User declares at the registration and throughout the duration of the Contract that:
• (a) he/she is at least 18 years old;
• (b) all information provided during the registration is true, accurate and up-to-date.
4. Creation and Functioning of the Occasion & Money Pot
4.1. Creation of the Occasion by the Organiser
The Organiser creates an Occasion through the Website. An Organiser cannot create more than five Occasions simultaneously. At the time of the creation of the Occasion, the Organiser must indicate:
• the Beneficiary;
• the name of the Occasion;
• the name of the Money Pot;
• The email address of each invited Contributor [friends, colleagues, etc.] which must be valid, active, and updated.
The Organiser is solely responsible for the administration of the funds.
The sufficient designation of the Beneficiary or the event to the participants is the sole responsibility of the Organiser; any false or misleading designation of the Beneficiary or the event may involve the responsibility of the Organiser towards the Contributors.
4.2 Management of the Money Pot by the Organiser
The Organiser is solely responsible for the administration of the Money Pot.
In particular, the Organiser can, at any time, choose to:
• invite new Contributors, to the maximum of 500 Contributors.
• cancel the funds ("Cancellation"), in the event the Money Pot has zero funds. The cancellation of the Money Pot is solely at the request of the Organiser and should be requested via email at the following address: firstname.lastname@example.org.
4.3 Contribution to a Money Pot
The Organiser is notified via email of any new Contribution.
Upon contributing to the funds, a Contributor gives power of attorney to the Organiser, to use whole or part of the Money Pot, up to the amount collected in the Money Pot, in order to (a) finance the purchase of a Gift from a partner website for the Beneficiary, or (b) to receive the amount of the Contribution in order to finance an event or a gift from a third party supplier.
All contributions and top-up payments are final and not disputable unless unauthorised use of your payment card or other payment method is proven. If you become aware of fraudulent use of your card, or if it is lost or stolen, you should notify your card provider. Refunds or reimbursements cannot be given.
4.4 Money Pot Expiration
In the event a Withdrawal is not made within 1 month of the Occasion ending, the Platform will send out a reminder to the Organiser’s registered email address. If the Organiser does not withdraw the Money Pot within 6 months of the Occasion ending, we will assume the Money Pot is no longer required and the Money pot will expire.
5.0 How to use a Money Pot
5.1 Purchase a Product
The Organiser may use the Money Pot to purchase a Product from the Website.
When you order a Product, our acceptance of your order will take place when we email you to confirm acceptance of your order, at which point a contract will come into existence between you and us.
From time to time, we may not be able to accept an order for the following reasons:
- If your chosen Product is no longer in stock
- If there has been a pricing or product description error
- If you do not meet any requirements set out in these terms and conditions
- Due to the Licensing Act 2003, we cannot sell alcoholic products to anyone under 18. We may refuse an order for alcoholic items at our discretion. By placing an order for alcohol, you confirm that both you and the person the order is sent to are aged 18 years or over. If we cannot accept your order we will contact you to confirm this and we will not charge your Money Pot for the Product.
The Website is solely for the promotion of Products in the UK. Unfortunately we do not accept orders from or deliver to addresses outside the UK.
5.1.1 Product Descriptions
We use all reasonable endeavours to make sure that every Product listed on the Website is shown accurately and that prices are correct. However, we or the Supplier may substitute a Product with a similar or superior Product if necessary.
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 Product you receive may vary slightly from these images.
The price of each Product will be the price indicated on the order confirmation page when you placed your order.
The price of each Product includes VAT at the prevailing rate (currently the standard rate is 20%).
5.2 Purchase a Group Greetings Card
The Organiser is able to purchase a Group Greetings Card and choose a design, which will be printed and delivered in the post or emailed to the organiser in the event the Organiser chooses an electronic Group Greetings Card. The cost of the Greetings Card is taken from the Money Pot total or can be purchased separately. The price is shown upon selection. Once the card has been ordered, no refunds can be made.
Due to the custom nature of the Greetings Cards, the Greetings Card preview may not accurately represent the final product. The size and shape of the card may vary. The messages inside will reflect the content written by all contributors. The font size and layout of the text inside the card is at the discretion of the Platform.
The Platform aims to deliver the Greetings Cards within 4 Business Days. However, delivery times may vary and therefore the Platform is unable to guarantee delivery on a certain date. Please contact email@example.com if you would like to purchase special guaranteed next day delivery, which will be charged at a premium.
5.3 Bank Transfers
We may, at our sole discretion, permit you to redeem the value of your Pot via a transfer to a UK bank account.
If we do permit this, then we may be required to perform certain Know Your Customer (KYC) checks and may ask for copies of one item of ID documentation from each the following lists:
Proof of identity (List A):
- Current passport (if it’s not a UK passport, this must be a colour copy)
- Valid UK driving licence
- EEA member state identity card
Proof of address (List B):
- Valid UK/EU/EEA photo drivers 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)
- UK, EU, or EEA mortgage statement (no more than 12 months old)
Upon receipt of these documents, The Platform will charge 5% of the Money Pot value prior to completing the Bank Transfer
5.4 Limitations of the Money Pot’s Use
As long as the User has not provided the documents required by the Platform allowing the User to verify his or her identity, the following limitations will be imposed on the User:
• A total amount of 1000 GBP maximum in Contributions by a User during one calendar year via the same Website, and
Upon receipt of the following documents subject to such documents be deemed satisfactory by the Platform, the latter may release the limitations applying to the User:
In the event that the User is an individual:
• The copy of an official and valid identity document: UK passport or UK driving License.
• Proof of residence that may be requested at the discretion of the Platform.
In the event that the User is a legal entity:
• A recent extract of the register of incorporation.
• The headquarter address and the legal system governing the constitution and the functioning of the company.
• Declaration form of all the beneficial owners owning more than 10% of the shared capital, signed by the managers, and the ID’s of individual beneficial owners.
• ID of the manager or of the duly empowered individual to engage the company.
• The bank details of the company.
In addition, it is expressly provided that the Platform retains the possibility to request the above documents to identify the Users and the beneficial owner of the Money Pot in accordance with applicable regulations from the opening of the account.
6.0 Delivery of Products Purchased on the Platform
6.1 Delivery of a gift card or e-code
We will email the gift card or e-code to your registered email address provided by you or make it available for download by you as soon as possible after we accept your order.
If you request delivery of a gift card by post, we will send it to the postal address provided by you and notify you of the expected date of delivery and any postage and packaging charges. However, we cannot guarantee delivery dates and times.
It is your responsibility to ensure that the email address or delivery address you provide for delivery of your gift card or e-code is correct. We will not be liable for any gift card or e-code which is not received as a result of you providing us with an incorrect email address or delivery address.
6.2 Delivery of Physical Gifts
During the order process, we will notify you of the expected time frame for receiving the physical gift. We will also make you aware of any delivery charges prior to our acceptance of your order. Delivery times and charges will differ depending on which Product you order.
The dispatch date is the day the physical gift you have ordered is posted, not the day it will be delivered.
It is your responsibility to ensure that the delivery address you provide for delivery of the physical gift is correct. We will not be liable for any physical gift which is not received as a result of you providing us with an incorrect or incomplete delivery address.
6.3 Changing or cancelling an order
Orders cannot be cancelled or changed once the order has been completed.
For most Products bought online you have a legal right under the Consumer Contracts Regulations 2013 to change your mind within 14 days of receiving the Product and receive a refund. If you choose to exercise this right after a Product has been received by you or a Recipient, you or the Recipient must post the Product back to us or (if it is not suitable for posting). This does not apply to personalised Gifts or Group Cards or Bank Transfers.
To cancel or change an order please email firstname.lastname@example.org 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.
6.4 Returning a Product
In the unlikely event that a physical gift is faulty, or it is damaged in delivery or is the wrong item, please email email@example.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.
Please note that if the Product is perishable, we need to be informed of any problem with the Product within three days of delivery to give us the best chance of resolving the issue. We will, at our discretion, consider issues raised after three days, but reserve the right to refuse a refund or replacement.
6.5 Product Complaints
If for any reason you are not happy with your order or if a Product is damaged or fails to arrive and you wish to complain, in the first instance please email firstname.lastname@example.org, You will need to quote your order number and the email address that you have registered with us.
We aim to acknowledge any complaint within 3 business days and will do our best to resolve it immediately. We may ask you to take a timed photograph of the product to help us communicate with our Supplier and correct any future problems. Should it be necessary, we will then advise you how to return your item.
7.0 Amendment to the Contract
The Platform retains the right to modify these General Terms and Conditions at any time. Such amendments are made available by the Platform to all Users at the address provided at their registrations. Any User may refuse the amendments proposed and must notify his/her refusal to the Platform by registered letter with acknowledgement of receipt before the date of effectiveness of the amendments (stamp of postal office as a proof) at the address of the Platform.
In the event of failure to notify his/her refusal before the date of effectiveness, or failing that, before a 7 (seven) day period after they are posted on the Website, the User shall be deemed to have accepted the amendments proposed. The relationship between the Parties after the date of effectiveness shall be governed by the new version of the General Terms and Conditions.
It is therefore important that the User reads his/her emails and reads regularly the General Terms and Conditions available online on the Website at any time.
In case of refusal by the User of the amendments, he/she has the right to obtain the termination of the General Terms and Conditions, without any fees.
8.0 Liability of the Platform under the access to the Website
The Platform shall not be held liable to the Users for errors, omissions, interruptions or delays of the transactions executed through the Website resulting in an unauthorised access to the Website. Moreover, the Platform shall not be held liable for thefts, destructions or unauthorised communications of data resulting from unauthorised access to the Website.
The Platform retains the right to temporarily suspend the online access to the Account for technical or maintenance reasons without any compensation. The Platform undertakes to limit this type of interruption to strictly a minimum.
9.0 Exemption case of liability of the Platform and the Platform
The Platform does not exercise any control on the compliance, security, legality, characteristics and adequate character of the Gifts listed on the Platform. In this respect, the User shall collect all the useful information before purchasing the Gift with full knowledge of the facts. Each purchase made by the Organiser gives rise to a contract directly created between the Organiser and the vendor of the Gift to which the Platform and Platform is not concerned. Therefore, the latter cannot be held liable for the non-performance or poor performance of the obligations resulting therefore, nor for potential damages caused to the Organiser as such.
Notwithstanding any clause to the contrary in this Contract, the liability of the Platform towards a User is limited to the repair of damages directly caused by the non-performance of a contractual obligation under this Contract.
10.0 Commitment of the User
The User guarantees that nothing in his/her profile on the Website shall affect third party rights or is contrary to law, public order and good conduct.
He/she undertakes not to:
• Perform the Contract in an illegal manner or within conditions which may damage, deactivate, overload or affect the Website;
• Appropriate illegally the identity of any other person or entity, falsify or withhold his/her identity, your age or create any false identity;
• Distribute personal data or information about a third party, such as postal address, phone number, email address, credit card numbers, etc.;
In case of default to these obligations, the Platform retains the right to take every appropriated measure in order to stop the concerning behaviour. It therefore retains the right to delete or remove any content or information considered as inappropriate. It can also suspend and cancel the User’s login and block the access to his/her Account.
Without prejudice to proceedings brought by third parties, the Platform has the right to bring legal action in its own name in order to repair the prejudice personally suffered due to breaches that are attributable to it under this Contract.
If the User notes a breach of obligations above mentioned, he/she is invited to report such acts to us by contacting the Platform at this following email address: email@example.com
11.0 Force Majeure
The Parties shall not be held liable or considered to have failed under these rules in case of late or non-performance when their cause is related to a force majeure situation as defined by the relevant caselaw.
12.0 Independence of contractual rules
If any provision of these rules is considered null or without object, it will be deemed to be unwritten and will not entail the nullity of the other provisions.
If one or several provisions of these rules become lapsed or are considered lapsed further to the application of a law, a regulation or following a final decision granted by a competent jurisdiction, the other provisions will keep their binding force and scope. The provisions declared null and void will be replaced by provisions which will approximate the most with respect to their meaning and scope from the originally agreed provisions.
13.0 Viing Acceptable Use Policy
13.1. Prohibited Activities
You may not use Viing.co.uk service for activities that:
1. Violate any law, statute, ordinance or regulation.
2. relate to transactions involving (a) narcotics, steroids, certain 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 violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (h) sexually oriented services, (i) ammunition, firearms, or certain firearm parts or accessories.
3. relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes, (c) are used to process a CtoC or CtoB payment for a good or a service between two parties, (d) involve gambling, or (e) involve offering or receiving payments for the purpose of bribery or corruption.
13.2 Violations of the Acceptable Use Policy
We encourage you to report violations of this Acceptable Use Policy to Viing.co.uk immediately. If you have a question about whether a type of transaction may violate the Acceptable Use Policy, you can email firstname.lastname@example.org
All content on the Site is owned by Viing, Organisers, or other third party providers, and is protected by the applicable intellectual property and proprietary rights and laws. You may copy content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trademark or other proprietary notice, and that your usage complies with any requests you may receive from any person with rights in that content. No other use of the Site’s content is permitted without the express prior permission of us and, where applicable, the copyright holder.
If you include an image on the Site, you must ensure that you either own the copyright in that image or that you are fully licensed by the copyright owner to include that image on the Site. We reserve the right to remove any pictures, photographs, or copy from the Site at our sole discretion and without notice if their copyright status is in any doubt.
You may use and access the Site to the extent required for the use of our services in accordance with these terms and conditions, and for the purpose that we make them available. You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material taken from the Website.
You may not use any robot, spider, scraper or other automated means to access the Site for any purpose without our prior express written permission.
15.0 Third Party Links
Occasionally, we may provide links to other websites or resources for your convenience. We do not endorse the contents of those websites and are not responsible for their availability or service. We will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked third party websites you do so at your own risk.
We exclude all representations, warranties, conditions and terms (whether express or implied) to the fullest extent permitted by law.
If we fail to comply with these terms and conditions, we will only be liable for direct losses or damage you suffer that is a reasonably foreseeable result of our materially breaching these terms and conditions or our gross negligence. 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.
We only provide the Website for domestic and private use. You agree not to use the Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Nothing in these terms and conditions shall exclude or limit our liability for:
- death or personal injury caused by negligence
- misrepresentation as to a fundamental matter
- any other liability which cannot be excluded or limited under applicable law.
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 and conditions by you, or your use of the Website, or the use by any other person using your registration details.