Terms and Conditions ...

 


GetThemIn Terms of Supply and Use:

Part 1 - Important information about GetThemIn
Part 2 - Terms applicable when purchasing a GetThemIn Gift
Part 3 - Terms for recipients of GetThemIn Gifts
Part 4 - Terms of use and additional legal information for all users of GetThemIn, plus Privacy

1. Important Information about GetThemIn

1.1. Please take five minutes to read these terms and conditions ("Terms") before using GetThemIn. These Terms govern your use of the Website and the supply of GetThemIn Gifts. GetThemIn is an application on Facebook and by installing you agreed to be bound by Facebook's >>Platform Application Terms of Use<<

You should check these Terms regularly as we may modify or update these and post the updated Terms on the Website. Any change of Terms shall not affect the existing terms and conditions accepted by you when purchasing a GetThemIn Gift.

1.2. In these Terms reference to:-

"GetThemIn" means the GetThemIn application that interfaces with the Facebook platform on the URL
http://www.facebook.com/getthemin

The "GetThemIn Gift" takes three forms and constitutes:-

"Virtual Gift": the online gift notification sent to a GetThemIn Gift recipient allowing them to redeem the notification in exchange for a Voucher. Virtual Gifts may be freely sent from one GetThemIn Gift recipient to another at no extra cost for three (3) months until their expiry

"Voucher": the voucher which is posted to a GetThemIn Gift recipient following redemption of the Virtual Gift. The voucher has an expiry period which will be clearly stated on the Voucher

"Real Gift": the gift which the GetThemIn Gift recipient can obtain in exchange for a Voucher in a Participating Store

"Participating Store" means a store who will accept Vouchers in exchange for Real Gifts as shown on the Participating Stores page

"we", "us" and "our" means Freak Marketing Limited which trades under the name GetThemIn and whose contact details you can find at the end of these Terms

"you" and "your" means you the individual using GetThemIn

1.3. GetThemIn allows you to buy and send Virtual Gifts to other Facebook users. The recipient can then redeem the Virtual Gift for a Voucher and subsequently exchange this for a Real Gift in a Participating Store.

1.4. When you buy a recipient a GetThemIn Gift you are buying a right for the recipient to exchange the Virtual Gift for a Real Gift in accordance with these Terms. The recipient will only be able to obtain a Real Gift if they elect to redeem the Virtual Gift for a Voucher and then exchange this in accordance with these Terms and the relevant timeframes.

1.5. If a recipient does not redeem their Virtual Gift and Voucher within the necessary timeframes then the recipient will not be able to claim their Real Gift. We use all reasonable endeavours to ensure that the Terms of use of GetThemIn Gifts are clear at every stage so recipients can enjoy their GetThemIn Gifts. If a Virtual Gift or a Voucher is not redeemed within the relevant expiry period then we do not offer a refund or exchange.

GetThemIn is only intended for use by people resident in the UK.

1.6. It is illegal for anyone under the age of 18 years to purchase alcoholic beverages in the UK. Although Participating Stores are ultimately responsible for age checking, GetThemIn still operates an over 18 service.

1.7. By placing an order with GetThemIn you promise that:-

  • you are at least 18 years old and resident in the UK
  • the GetThemIn Gift recipient is at least 18 years old and resident in the UK

GetThemIn and the Participating Stores encourage responsible drinking. For more information on having a great night out visit - www.drinkaware.com

2. Terms applicable when purchasing a GetThemIn Gift

2.1. The Order Process

2.1.1. When you place your order for a GetThemIn Gift you will be taken through our order process. On the final screen we will show [recipient name, recipient mobile number (if you chose to enter it), your personal message to the recipient, details of the GetThemIn Gift and the total price payable by you.] If you are satisfied that these details are correct, click on [NEXT]. Your order will then be processed and you will be directed to the PayPal secure site to make payment.

2.1.2. A message will subsequently appear on screen acknowledging whether or not your payment has been successful. Payment will be taken as soon as reasonably practicable after your credit or debit card details have been authorised, normally within one working day after receiving your order.

2.1.3. We will also send you an email to confirm that we have received your order. This acknowledgement email will be produced automatically so that you have confirmation of your order details. The fact that you receive an automatic acknowledgement email does not necessarily mean that we will be able to meet your order.

2.2. Stock and Price Correction

2.2.1. We shall accept your order at the point of sending the Virtual Gift notification to the GetThemIn Gift recipient. It is only once this notification has been sent that a contract shall exist between us.

2.2.2. All GetThemIn Gifts are subject to availability. We may cancel any sale and not supply a GetThemIn Gift if we are unable to supply the GetThemIn Gift and may change or discontinue the availability of GetThemIn Gifts at any time at our sole discretion without liability on our part. If we have to cancel your order, any payment made for the GetThemIn Gift will be refunded in full. Any reimbursement will not affect your statutory rights.

2.2.3. We always try to make sure that prices on GetThemIn are as accurate as possible but errors may occur. If we discover an error in the price of the GetThemIn Gift in your order we will inform you as soon as possible using the contact details you supply us with. We will then give you the option of reconfirming your order at the correct price or cancelling it. (If we are unable to reach you we will treat the order as cancelled). If an order is cancelled, any payment made for the GetThemIn Gift will be refunded in full.

2.3. Prices and Payment

2.3.1. GetThemIn Gift prices are higher than traditional retail outlets due to the cost of the unique service. Prices are quoted in pounds sterling only and include Value Added Tax (currently 15%).

2.3.2. You are able to pay for a GetThemIn Gift with the credit card types specified in the payment section of the Website. We use PayPal to handle all of the GetThemIn transactions and are therefore not responsible for any losses you incur as a result of any unauthorised access to your payment information. When providing your details to PayPal you must ensure that they are correct and accurate. You must also provide the correct address for any credit card or debit card you use to make payment. We cannot be held liable for any delays or non-delivery which may occur if you provide inaccurate details. The provision of fictitious or incorrect card or debit card address details may be reported to law enforcement or other relevant authorities for the purposes of combating internet-based credit fraud in accordance with the terms of our Privacy Policy.

2.3.3. Your credit card company may also undertake security checks to confirm it is you making the order.

2.3.4. All order details and invoices will be sent to the email address as specified on the payment page. It is your responsibility to ensure that the credit or debit card with which you make payment is held validly in your name. We cannot be held liable for any delays or non-delivery which may occur if the credit or debit card provider does not authorise payment.

2.4. How will my GetThemIn Gift be delivered?

A GetThemIn Gift will be delivered in three component parts:-

2.4.1. Virtual Gift Delivery: When your order has been confirmed, the GetThemIn Gift recipient will receive a Facebook notification alert within their Facebook profile page.

If the recipient has already activated the GetThemIn application on their Facebook profile and provided they haven't opted out of GetThemIn email alerts, they will receive an email informing them about your GetThemIn Gift.

If the recipient has not already installed the GetThemIn application, you will be have the option to send a GetThemIn Gift email alert informing them about your GetThemIn Gift.

2.4.2. SMS Gift Notification: If you enter a valid UK mobile phone number for the GetThemIn recipient and provided there are no problems with any related network services, the recipient will receive an sms text notification. This is an optional and complimentary notification service and may be de-activated or made temporarily unavailable at any point. When you provide the GetThemIn Gift recipient's mobile phone number you confirm that you have their permission to send their mobile phone number to us.

2.4.3. Voucher Delivery: If the GetThemIn Gift recipient chooses to redeem their Virtual Gift within the specified timeframe, they are required to submit a valid postal address for delivery of the Voucher. GetThemIn cannot be held liable for any loss suffered as a result of incorrect address submissions by the recipient and no refund or replacement Voucher will be given if this happens.

Vouchers are dispatched by UK standard delivery and should be received within 2 - 5 days of valid submission of a delivery address. Please do not contact us regarding the delivery status of a Voucher during the first 5 days.

2.5. What if I want to cancel a GetThemIn Gift?

2.5.1. We take all reasonable steps to ensure that GetThemIn Gifts are described as fairly and accurately as possible, however, please note that the images we use in the Website are representations only and should not be taken to be an accurate depiction of any particular GetThemIn Gift.

2.5.2. If you change your mind about sending a GetThemIn Gift, you may in certain circumstances be able to cancel the GetThemIn Gift and receive a full refund for the price of the GetThemIn Gift within seven (7) working days from sending the gift notification.

2.5.3. Once we have processed your order for the Virtual Gift we will start to provide the services and send notification of the Virtual Gift to your intended recipient very soon after that, usually well within the seven working day period described above. The gift recipient may choose to redeem their Virtual Gift for a Voucher within this 7 working day period.

2.5.4. Once they have chosen to redeem the Virtual Gift for a Voucher, or they have sent the Virtual Gift on to someone else, then your statutory cancellation right to cancel in 7 working days has expired.

2.5.5. If you successfully cancel an order within the cancellation period we will refund the price of the GetThemIn Gift in full as soon as possible and in any case within 30 days of the day you have given notice of your cancellation.

3. Terms for GetThemIn Gift Recipients

3.1. What do I do once I receive a Virtual Gift?

3.1.1. As a recipient of a GetThemIn Gift, you can choose to redeem it for a Voucher by selecting the “Redeem” option. If you choose to redeem your Virtual Gift for a Voucher, we need to obtain your name, address and contact number to process and fulfil delivery of the GetThemIn Gift. You have the option to save your address details for the delivery of future Vouchers and we will use cookies to remember your preference. If you have any questions regarding the use of cookies or our use of your details please review our Privacy Policy below.

3.1.2. Your Voucher will be posted out to the address stipulated by you within 2 – 5 working days. You can then use your Voucher in a Participating Store that stocks your product any time before the expiry date stated on the front of the Voucher.

3.1.3. You can only exchange your Voucher for the Real Gift stated on the front of your Voucher. Vouchers may not be exchanged for cash nor will any refund be made in cash when they expire and the Voucher cannot be used in conjunction with any other offer in a Participating Store.

3.1.4. Vouchers must be complete when presented for redemption at a Participating Store and a Participating Store may not accept damaged, incomplete or defaced Vouchers.

3.1.5. Once a Voucher is delivered it is your responsibility and GetThemIn accepts no responsibility for a lost or stolen Voucher. Please keep the Vouchers in a safe place and protect it as if it was money.

3.1.6. Your voucher will not be accepted by a Participating Store if you appear to be under the influence of alcohol or drugs at the time of redemption.

3.1.7. We reserve the right to change the Voucher terms and all updates will be shown on this page. Any change to these Terms will not affect the existing terms of the Voucher already purchased.

3.2. I haven't received my Voucher?

3.2.1. Vouchers are dispatched by UK standard delivery and should be received within 2 - 5 days of valid submission of a delivery address. Please do not contact us regarding the delivery status of your order during the first 5 days.

3.2.2. In the unlikely event that the Voucher gets delayed or goes missing in the post, refunds or replacements will only be issued 1 month after the expiry period of the Voucher as we are unable to cancel Vouchers that have already been issued.

3.3. What if my Voucher is wrong?

3.3.1. You must notify us by email at customer.support@getthemin.com of receipt of an incorrect Voucher within 5 days of receipt otherwise you will have been deemed to have accepted the Voucher.

3.3.2. If the Voucher is incorrect then you should return the Voucher to us and provide details of what the correct Voucher details should be. We will examine the returned Voucher and will send a correct Voucher as soon as possible, and in any case within 30 days of the day we confirmed to you via email that we would provide a replacement Voucher.

3.4. Where can I use the GetThemIn Vouchers?

3.4.1. GetThemIn currently provides a redeemable service across mainland UK only. Whilst we make every opportunity to communicate this in our Website and throughout GetThemIn, we cannot be held responsible for Vouchers sent to recipients outside the UK. No refunds will be given in this situation. Recipients outside of the UK can send on their Virtual Gift to another friend in the UK at no extra costs should they wish to.

3.4.2. GetThemIn Vouchers can be used at Participating Stores as specified at http://www.getthemin.com/participating_stores

3.5. How do I know my Real Gift is in stock to exchange my Voucher?

3.5.1. Whilst we work closely with Participating Stores to ensure that all of our products are stocked in the majority of our participating stores, some products may not be stocked in certain stores. We advise calling your nearest participating store to check they stock your product before visiting it. Our participating stores page contains a link to access the contact details and location for all of our participating stores.

3.6. What if I am not happy with my Real Gift?

3.6.1. We provide a service to allow users to send Virtual Gifts to recipients which can then be redeemed for a Voucher. This Voucher can then be exchanged for a Real Gift in a Participating Store. We are not responsible for the quality of the Real Gifts once they have been collected from Participating Stores and any such warranties (express or implied) are excluded by us absolutely to the fullest extent permitted be law. This disclaimer does not affect your statutory rights against the Participating Store however and if you are not happy with the quality of the Real Gift please ask the relevant Participating Store about their returns policy.

4. Legal Information

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Website for your personal reference and you may draw the attention of others within your organisation to material posted on our Website.

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.

Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.

You must not use any part of the materials on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Website in breach of these Terms, 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.

Waiver

If we fail to insist upon strict performance of any of your obligations under these Terms or if we fail to exercise any of the rights or remedies to which we are entitled this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

Severability

If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire Agreement

These Terms represent the entire agreement between us in relation to the subject matter of these Terms and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that in entering into a contract neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these Terms.

Linking to our Website

You may link to our 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, but 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. You must not establish a link from any website that is not owned by you. Our Website must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on our Website other than that set out above, please address your request to [ ].

Links from our Website

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Facebook and Privacy

We have developed GetThemIn by abiding by the terms stated in the Facebook Developer Terms of Service.

When you install GetThemIn on Facebook, you may have the option to agree to the following options:-

- Know who I am and access my information
- Put a box in my profile
- Place a link in my left-hand navigation
- Publish stories in my News Feed and Mini-Feed
- Place a link below the profile picture on any profile

As a minimum, GetThemIn needs to know who you are and be able to access your information to install. You can deactivate the remaining features at any point in your Facebook application preferences.

We are committed to protecting your privacy and are also bound by Facebook privacy terms of use. We use the information we collect about you to process orders and to provide a more personalised experience in accordance with the terms of the Data Protection Act 1998. For more information regarding our use of your personal data please refer to our Privacy Policy below.

Termination

We may suspend or terminate your use of GetThemIn or the Website immediately at our discretion or if you breach any of your obligations under these terms and conditions. The suspension or cancellation of your right to use GetThemIn or the Website shall not affect the redemption of GetThemIn Gifts already purchased.

Liability

We do not represent or warrant that the information accessible via this Website is accurate, complete or current. Price and availability information is subject to change without notice. For the avoidance of doubt, nothing in these terms limits our liability for death or personal injury caused by our negligence or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. Our total liability to you or to any third party whether in contract, delict (including negligence), misrepresentation or otherwise arising as a direct consequence of your (or any third party's) use of GetThemIn will be limited to the price of the GetThemIn Gift. We shall not be liable for any indirect, consequential or special damage or losses which happen as a side effect of the main loss or damage including but not limited to loss of income or revenue, loss of profit, loss of anticipated savings, loss of data, economic loss, loss of business or otherwise and whether direct or indirect), costs, expenses or other claims whatsoever and howsoever arising out of or in connection with your use of GetThemIn.

Events outside our control

We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations that is caused by events outside our reasonable control.

Governing Law

Your use of GetThemIn and the Website and any purchase by you of a GetThemIn Gift shall be governed by and construed in accordance with the law of Scotland and you hereby agree to submit to the jurisdiction of the Scottish courts.

How to make a complaint

The Virtual Gifts and Vouchers made available by GetThemIn are owned and operated by us. Whilst Vouchers may be exchanged for Real Gifts at Participating Stores, our Participating Stores are not responsible for Virtual Gifts or Vouchers, nor will they deal with enquiries or complaints not directly associated with a Real Gift or in-store operations. Please direct any complaints or questions relating to our service to customer.support@getthemin.com

We deal with complaints effectively, in a fair, confidential, and speedy manner. We endeavour to respond to all complaints within five working days.

The statutory rights of our customers are not affected by the terms of our service. For more information about your statutory rights please visit the DTI's website http://www.consumer.gov.uk/consumer_web/shopping.htm#4 or your local citizens advice bureaux.

Contact Us

For any queries relating to GetThemIn, please contact general.enquiries@getthemin.com.

GetThemIn and the Website are owned and operated by Freak Marketing Limited, a company registered in Scotland (no. SC201037), registered address at 25 Castle Terrace, Edinburgh, EH1 2ER United Kingdom.

VAT Number: GB 742 9569 94

-------------------------

GetThemIn Privacy Policy:

Freak Marketing Limited registered in Scotland (no. SC201037), registered address at 25 Castle Terrace, Edinburgh, EH1 2ER United Kingdom trading as GetThemIn ("We") are committed to protecting and respecting your privacy.

This policy, together with our Terms of Use, sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

For the purposes of the Data Protection Act 1998 (the "Act") the data controller is Freak Marketing Limited of 25 Castle Terrace, Edinburgh EH1 2ER.

Information we may collect from you

We may collect and process the following data about you:

Information that you provide by filling in forms on website www.getthemin.com or the GetThemIn Facebook application (the "Websites"). This includes information provided at the time of registering to use our Websites, subscribing to our services, posting material or requesting further services. We may also ask you for information when you report a problem with our Websites.

If you contact us, we may keep a record of that correspondence.

We may also ask you to complete surveys that we use for research purposes, though you do not have to respond to them.

Details of transactions you carry out through our websites and of the fulfilment of your orders.

Details of your visits to our Websites including but not limited to traffic data, location data, weblogs and other communication data, and the resources that you access to help us further develop the GetThemIn application.

We may also record which GetThemIn Gifts you are interested in and which GetThemIn Gifts you purchase.

Financial Details

Any financial details you enter in connection to a purchase you make on GetThemIn will only be used specifically for the individual purchase. WE WILL NOT STORE ANY FINANCIAL DETAILS you enter in connection to our transactions.

IP addresses and cookies

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns and does not identify any individual.

For the same reason we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our Websites and to deliver a better and more personalised service. They enable us:-

To estimate our audience size and usage pattern

To store information about your preferences and so allow us to customise our Websites according to your individual interests

To speed up your searches

To recognise you when you return to the Websites

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our Websites. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our Websites.

Where we store your personal data

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Uses made of the information

We use information held about you in the following ways:

To ensure that content from our Websites is presented in the most effective manner for you and for your computer.

To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.

To carry out our obligations arising from any contracts entered into between you and us.

To allow you to participate in interactive features of our service, when you choose to do so.

To notify you about changes to our service.

We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.

If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.

If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.

If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, you will be able to opt out at the point where the data is collected.

Disclosure of your information

We may disclose your personal information to third parties in the following circumstances:

in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets; or

if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Websites terms of use and supply; or to protect our rights, property, or safety of our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Your rights

You have the right to ask us not to process your personal data for marketing purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at general.enquiries@getthemin.com.

Our Websites may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Access to information

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

Changes to our Privacy Policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.