Please read these terms and conditions carefully.  They constitute a legally binding agreement between you and Goodwill Vouchers Limited, a company incorporated in England and Wales whose registered office is at Stadium House, Oldbury Road, Cwmbran, Torfaen, NP44 3JU with the registered company number 8747307. 

 

Goodwill is the owner and operator of this website (the “Website”). In addition to operating the Website, Goodwill also makes available Goodwill Voucher Cards (the “Vouchers Cards”) and operates the “GoodwillVouchers” mobile application (the “App”).  In these terms and conditions, Goodwill will be referred to either as “Goodwill”, “we” or “us”.  You will be referred to as “you”, or “the Merchant”.  The Website and the App will be referred to as the “Goodwill Services”.

 

BY (I) PROVIDING AN OFFER FOR USE ON AND/OR REGISTERING WITH THE GOODWILL SERVICES YOU ACCEPT AND AGREE THE FOLLOWING TERMS AND CONDITIONS:

 

1.       GOODWILL SITE AND SERVICE TERMS OF USE

 

1.1.   In offering the Goodwill Services, Goodwill acts as an introducer between you and purchasers of a Goodwill Voucher Card (the “Members”).   

 

1.2.   From time to time, you will make available vouchers (“Offers”) for publication on the Goodwill Services, to be redeemed by Members. 

 

1.3.   In making available Offers, you are offering to enter in to a contract for sale between you and Members.  Goodwill shall not be a party to any such contract for sale. 

 

1.4.   You undertake:

 

1.4.1. that the Offers will be genuine and not misleading;

 

1.4.2. that you will honour any Offers redeemed by Members in accordance with any terms applicable to such Offer;

 

1.4.3. that the goods and services you provide to Members will comply with all applicable laws, be of good quality and fit for the intended purpose, and will correspond with any descriptions (whether express or implied) contained in the applicable Offer.  

 

1.5.   You acknowledge and agree that it is not intended that Goodwill shall have any liability for goods or services offered or provided by Merchants to Members, and as such you undertake to indemnify and hold harmless Goodwill and its affiliates, employees, officers and directors (the “Indemnified Parties”) from and against any loss, liability, cost or claim, howsoever arising, that the Indemnified Parties may suffer as a result of (i) the Merchant’s provision of, or failure to provide, the goods or services offered pursuant to Offers; and/or (ii) the Merchant’s failure to comply with these terms and conditions.

 

1.6.   You further acknowledge and agree that Goodwill makes the Goodwill Services available free of charge to Merchants and makes no warranty or representation as to the number of Voucher Cards that will be sold or the number of Offers that will be redeemed.   As such, Goodwill accepts no liability to the Merchant for any loss or liability, howsoever arising, that the Merchant may suffer in connection with the provision of Offers on the Goodwill Services.    

 

1.7.   Without prejudice to the generality of the foregoing, Goodwill does not accept any liability for loss of revenue, loss of goodwill or loss of anticipated profit, in each case whether direct or indirect, howsoever arising in connection with your use of the Goodwill Services. 

 

1.8.   Nothing in these terms and conditions exclude Goodwill’s liability for fraud or for any other liability that cannot lawfully be excluded.

 

2.       Use of the Goodwill Services

 

2.1.   In order to use the Goodwill Services you will need to create an account.  In doing so, you will need to provide a valid email address, and registered business address.  We will store and use this information in accordance with our Privacy Policy

 

2.2.   Once registered, you will be provided with a user name and password.  You agree that your user name and password are unique to you, and you undertake to keep your username and password secure and not to disclose it to third parties, other than employees and agents of the Merchant who need to know it in order to administer your account or make available Offers.

 

2.3.   You agree to access the Goodwill Services only through industry 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 the Webiste or the App, via scraping or otherwise.   

 

2.4.   You  undertake not to use or permit anyone else to use the Goodwill Services:

 

2.4.1. to publish send or receive any material which is threatening, offensive, indecent, blasphemous or defamatory of any person; in contempt of court; or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights; or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world.

 

2.4.2. to publish, send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); or  

 

2.4.3. for any fraudulent purpose.

 

2.5.   You undertake that you will not do (or to permit anyone else to do) any of the following:

 

2.5.1. attempt to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan);

 

2.5.2. execute any form of network monitoring which will intercept data not intended for you;

 

2.5.3. send unsolicited mail messages or malicious mail, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material;

 

2.5.4. enter into fraudulent interactions or transactions with us or a Member;

 

2.5.5. engage in any unlawful activity in connection with the use of the Goodwill Services.

 

2.6.   We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of these terms and conditions.

 

2.7.   We reserve the right to suspend or terminate availability of, or your use of, the Goodwill Services at any time. 

 

3.       Errors and omissions

 

3.1.   You are responsible for ensuring the accuracy of Offers you make available via the Goodwill Services.  This includes ensuring that any applicable terms and conditions are clearly displayed in connection with the Offer. 

 

3.2.   You are responsible for ensuring that any Offers you wish to withdraw are removed from the Goodwill Services in a timely manner.

 

3.3.   We reserve the right to change, modify, substitute, suspend or remove without notice any information or Offer on the Goodwill Services from time to time should we reasonably perceive the need to do so.

 

3.4.   We do not give any warranty that the Goodwill Services are free from viruses or anything else which may have a harmful effect on any technology.

 

4.       Intellectual Property

 

4.1.   Except as provided in clause 4.3, all intellectual property rights (whether registered or unregistered, existing or arising in future) in or relating to the Goodwill Services shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights.

 

4.2.   None of the material on the Goodwill Services may be reproduced or redistributed or transmitted in any form or by any means or in any way exploited without our prior express written permission.

 

4.3.   Prior to uploading any material to the Goodwill Services, you will ensure you have the necessary permissions to do so. By uploading pr permitting to be uploaded material to the Goodwill Services, you grant us a non-exclusive, royalty-free, fully paid-up worldwide licence to use, copy, modify, publish and distribute world-wide any and all intellectual property rights in any such material in connection with the Goodwill Services including, without limitation, for the purposes of advertising the Offers on the Goodwill Services and in connection with any related marketing or promotional materials.  Such licence shall be perpetual unless expressly terminated in writing by you.  

 

5.       Miscellaneous

 

5.1.   These terms and conditions will be governed by the law of England and Wales, and disputes arising in connection with these terms and conditions (howsoever arising) shall be submitted to the exclusive jurisdiction of the courts of England and Wales. 

 

5.2.   The Indemnified Parties shall be entitled to enforce these terms and conditions as if they were a party hereto.  Other than Affiliates of Goodwill, these terms and conditions shall not be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

 

5.3.   No partnership/agency: Nothing in these terms and conditions shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

 

5.4.   No other terms: Except as expressly stated in these terms and conditions, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.

 

 

These terms and conditions were most recently updated on 1 December 2013.