Thankbox Terms of Service
Last updated: July 27, 2021
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICE.
- These terms
- What these terms cover. These are the terms and conditions on which we supply our products and/or services to you.
- Why you should read them. Please read these terms carefully before proceeding to create or contribute to a Thankbox. These terms tell you who we are, how we will provide our products and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
Information about us and how to contact us
- Who we are. We are 17 Seas Limited, trading as Thankbox a company registered Scotland. Our company registration number is SC649034 and our registered office is at 101 Rose Street, South Lane, Edinburgh, Scotland EH2 3JG. Our registered VAT number is GB338247390.
- How to contact us. You can contact us by writing to us at [email protected]
- How we may contact you. If we have to contact you we will do so by writing to you at the email address you provided to us when you created or contributed to a Thankbox.
- "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
Our contract with you
- These terms and conditions apply to any Thankbox you create or contribute to. When you create a Thankbox, upload content to a Thankbox or make a financial contribution towards a Thankbox these terms and conditions apply. Once you have created a Thankbox or when you make a contribution towards a Thankbox an account will automatically be created for you. If you are the creator we will send you an email with a link which allows access to the Thankbox so it can be managed and shared with other contributors. Your payment information will be required before the Thankbox can be sent. You must provide us with the email addresses of the recipient of the Thankbox. It is your responsibility to obtain the necessary permission to do this.
- If we cannot accept your order. If we are unable to accept your order or supply our products and services to you, we will inform you of this in writing and will not charge you or will refund you if a payment has already been made. This might be because the product is no longer available, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet another request you have specified.
- Your Thankbox. We will assign a link to your Thankbox which we send to you in our confirmation email. If you need to contact us at any time it will help us if you can tell provide the link so we can more easily identify you.
- Products may vary slightly from their pictures. The images of the sample products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products the recipient will receive. Your product may vary slightly from those images.
- Thankbox including contributed funds. Where you have contributed funds to a Thankbox we will need your email address so that we can send you a receipt. Contributions enable the recipient to claim a voucher or pre-paid debit card (Gift Card) supplied by our third party Gift Card supplier, Tremendous. Recipients have 90 days from receipt of a Thankbox to claim their Gift Card from Tremendous. If a Gift Card is not claimed within 90 days we reserve the right to donate the funds contributed to a Thankbox to a charity of our choice and no refund or compensation will be given.
- Tremendous. Once a recipient has started the redemption process for a Gift Card with Tremendous, the terms and conditions of Tremendous (and their suppliers) will then apply and we have no further responsibility or obligations to you. You can find the Tremendous terms and conditions here. It is the responsibility of the recipient to ensure they have requested the correct Gift Card and that it fulfils their needs, as mistakes cannot be rectified later. Please note that not all Gift Cards advertised by Tremendous may be available to you. Availability can be limited depending on the total contribution collected and your geographical location.
Your rights to add content or make changes
- You and the other contributors to the Thankbox can add content and make changes (in accordance with these terms) up until the Thankbox is sent. For more information on How it Works click here.
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To bully, insult, intimidate or humiliate any person.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
All content must comply with the following conditions:
These content standards apply to any and all material which you contribute to a Thankbox (Contribution), and to any interactive services associated with it.
The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
We will determine, in our sole discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
- Comply with the law applicable in the United Kingdom and in any country from which it is posted or received.
A Contribution must not:
- Be defamatory of any person.
- Be obscene, offensive, hateful or inflammatory.
- Bully, insult, intimidate or humiliate.
- Promote sexually explicit material.
- Include child sexual abuse material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal content or activity.
- Be in contempt of court.
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person.
- Give the impression that the Contribution emanates from a third party, if this is not the case.
- Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
- Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
- Contain any advertising or promote any third party services.
Our rights to make changes
Minor changes to the products. We may change the product:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
- More significant changes to the products and these terms. In addition, we may make changes to these terms or our products/services, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and you may receive a refund of any payments or contributions so long as the Thankbox has not been sent.
- Minor changes to the products. We may change the product:
Providing the Thankbox
- When we will provide the Thankbox. The Thankbox will be made available to the recipient as soon as you send it to them. It is the responsibility of the Thankbox creator to ensure the correct email address is used when the Thankbox is sent. We have the right to decline a request to issue a Gift Card if we suspect fraudulent activity and to refund all associated payments. Both the creator and recipient of the Thankbox will be contacted in this situation.
- Storage. We will store each completed Thankbox for a further 6 months after it has been sent to a recipient at which time it will be deleted from our servers. Recipients can download and store the Thankbox at any time before this.
- Deletion requests. Both the creator and the recipient can request that a Thankbox be deleted for privacy, security or other reasons. Where a creator requests that a Thankbox is deleted, this will be at our sole discretion.
- We are not responsible for delays outside our control. If the supply or use of the Thankbox is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not shared with the recipient.
- What will happen if you do not give required information to us. We need certain information from you so that we can allow access to the Thankbox by the recipient and process payments. We will contact you in writing if we need any additional information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Thankbox late or not supplying any part of it if this is caused by you not giving us accurate information or the information we need within a reasonable time of us asking for it.
Reasons we may suspend the supply of our products and/or services to you.
We may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes;
- if we suspect fraud;
- update the product to reflect changes in relevant laws and regulatory requirements;
- make changes to the product as notified by us to you (see clause 6).
- Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of a product or service, unless the problem is urgent or an emergency. If we have to suspend the product or service for longer than 60 days you may contact us to end the contract and we will refund any sums you have paid in advance for the product or service so long as it has not been shared with the recipient.
Your rights to end the contract
You can always end your contract with us. Your rights when you end the
contract will depend on what you have bought, whether there is anything wrong with it, how
we are performing and when you decide to end the contract:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
- If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund, but this may be subject to deductions;
- In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.5.
Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at (a) to (e) below the contract will end
immediately and we will refund you in full for any products which have not been provided and
you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the product or service may be significantly delayed because of events outside our control;
- we have suspended supply of the products or service for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 60 days; or
- you have a legal right to end the contract because of something we have done wrong.
When consumers do not have a right to change their minds. Your right as a
consumer to change your mind does not apply in respect of:
- digital products after you have sent them to the recipient;
- services, once these have been completed.
- How long do consumers have to change their minds? You may change your mind at any time before you send the Thankbox to the recipient. See clause 8.5
- Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation or incur a transaction fee. A contract for digital content is completed when the product is delivered, downloaded or streamed after payment. A contract for services is completed when we have finished providing the services and you have paid for them. In this case, the product is deemed delivered and our services completed when you send the Thankbox to the recipient. If you want to end a contract before it is completed, you can delete the unsent Thankbox at any time. The contract will end immediately and we will refund any sums paid by contributors but we may deduct from that refund a transaction fee and/or reasonable compensation for the net costs we will incur as a result of your ending the contract.
- You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
How to end the contract with us
- Creator. Delete the unsent Thankbox.
- Contributor. Delete your message.
- How we will refund you. If you are entitled to a refund under these terms we will refund your contribution, by the method you used for payment. However, we will deduct the transaction fee we paid for the contribution from the refund.
- When your refund will be made. We will make any undisputed refunds due to you as soon as possible and in any event within 14 days.
Our right to end the contract:
- We can end the contract with you if you add content to a Thankbox which does not comply with our content standards above, see clause 5;
- We can end the contract with you if in our opinion you are involved in any fraudulent or other illegal activity;
- We can end the contract with you if you do not provide us with the information we need to perform our services.
If there is a problem with the product
- How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at [email protected]
Your rights in respect of defective products if you are a consumer
- If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
Price and payment
- Where to find the price for the product. The price of the product (which includes VAT or other applicable tax) will be the price indicated on our website when you create a Thankbox. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the product you order.
- We will pass on changes in the rate of VAT (or other applicable tax). If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, that an incorrect priced may be shown. We will normally check prices before confirming your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
- When you must pay and how you must pay. We use a third party payment provider (Stripe) to manage payments through our site. They accept payment with American Express, Mastercard, Visa, Discover & Diners and other card providers.
- Contributed funds. All contributions towards a Thankbox are subject to an upper limit of the chosen currency. Individual contributions are limited to 150 units of currency. For a classic Thankbox the total contribution may not exceed 300 units of currency and for a Premium Thankbox, 600 units of currency. If you delete a Thankbox or a message you have added to a Thankbox after making a financial contribution, it will automatically be refunded to you. Once the Thankbox is sent to the recipient, no refunds can be made.
Our responsibility for loss or damage suffered by you.
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill.
- 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 or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information in all material respects we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987
- When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation.
- We are not liable for business losses. We only supply the products for to you for domestic and private use.
How we may use your personal information
Other important terms
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and if you are based in England you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
- Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint via their website at Online Dispute Resolution | European Commission (europa.eu). You will not be charged for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.