These Terms of Service ("Terms") govern your use of GiftDesk, a platform that lets hospitality businesses sell digital gift vouchers from a branded online shop. GiftDesk is operated by Alex Walls, a sole trader trading as "GiftDesk" ("GiftDesk", "we", "us", "our"). By creating an account or using the service, you ("you", "the Merchant") agree to these Terms. If you do not agree, please do not use the service.
1. What GiftDesk provides
GiftDesk is software. We give you tools to create a branded voucher shop, list vouchers, take payment, deliver vouchers by email or download, and manage redemptions and reporting. We are a technology provider. We are not the seller of your vouchers and not a party to the sale between you and your customers.
2. Your account
- You must provide accurate information and keep your login details secure.
- You are responsible for all activity under your account.
- You must be at least 18 and operating a genuine business (including as a sole trader) lawfully in the UK.
3. Payments, fees and payouts
- Payments are processed by Stripe. You connect your own Stripe account, and you are the merchant of record for every sale. Stripe pays you directly on its payout schedule. We never hold your funds.
- GiftDesk charges the commission set out on our pricing page (currently 5% of the value of each voucher sold), collected automatically as a Stripe application fee at the time of sale.
- Stripe's own terms apply to your use of Stripe, and you are responsible for any Stripe fees.
- You are responsible for all taxes, including VAT, on your sales. Our commission is stated exclusive of any VAT that may apply to it.
4. Your responsibilities as the seller
Because you are the merchant of record, you are solely responsible for:
- Honouring and fulfilling every voucher you sell, in line with its terms.
- Setting accurate prices, descriptions, validity and terms for your vouchers.
- Customer service, and handling refunds, cancellations, complaints and payment disputes (chargebacks) with your customers.
- Complying with consumer law, gift-voucher rules, and all laws that apply to your business.
- Honouring vouchers already sold even if you later stop using GiftDesk.
5. Acceptable use
Your use of GiftDesk must comply with our Acceptable Use Policy. We may suspend or remove shops or vouchers that breach it.
6. Vouchers and liability to customers
A voucher is a commitment from you to your customer, not from GiftDesk. We are not liable for the redemption, value, expiry or honouring of any voucher. If you cannot honour a voucher (for example if your business closes), that is a matter between you and the voucher holder.
7. Availability and changes
We aim to keep the service available and accurate, but we provide it "as is" and "as available". We may change, suspend or discontinue features. We may also update these Terms: we will post the updated version with a new "last updated" date, and material changes take effect when posted or as otherwise notified to you.
8. Intellectual property
We own GiftDesk, including its software, brand and content. You keep ownership of your own brand, logo and content, and you grant us the licence we need to host and display your shop and operate the service. You must not copy, resell, reverse engineer or misuse the platform.
9. Limitation of liability
To the fullest extent permitted by law:
- We are not liable for your business decisions, your obligations to your customers, lost profits, lost sales, or any indirect or consequential loss.
- Our total liability to you for any claim is limited to the total commission you paid us in the three months before the claim arose.
- Nothing in these Terms limits liability that cannot be limited by law, such as for death or personal injury caused by negligence, or for fraud.
10. Termination
- You can stop using GiftDesk at any time.
- We may suspend or terminate your access if you breach these Terms or the Acceptable Use Policy, or where we need to in order to comply with the law.
- On termination your shop stops accepting new orders, and you remain responsible for honouring any vouchers already sold.
11. Governing law
These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
12. Contact
Questions about these Terms: hello@giftdesk.co.uk.