User Terms of Service

 

Welcome to CADOUU! CADOUU makes gift giving easy. Through our Web Application, we connect family and friends from anywhere so together you can fund the perfect gift.


1. WHY YOU SHOULD READ THESE TERMS

By using our Web Application, social media pages or other Services provided by us, you are agreeing to these Terms of Service (“Terms”). Our Terms (as well as the documents referred to in them and any additional terms or policies that we tell you about) set out the contract between you and us - please read them carefully. These Terms tell you who we are, what you can expect from us, what your responsibilities are, how these Terms can be changed or ended, as well as other important information.


Other documents. The Terms refer to the following documents, which also apply to you:

  • Privacy Policy – this sets out how we will process any Personal Information you provide to us. You consent to us processing your Personal Information and you promise that any information you provide is accurate;
  • Cookies Policy - this sets out information about the ‘cookies’ on our Web Application.


2. What it means

Personal Information” means anything that can be used to identify you, including information you give to us and anything that we collect as you use our Services.

Service” or “Services” means the products, services and content provided by CADOUU, including our Web Application and any other online, offline and mobile services on or via any platform or technology.

Web Application” means any webpage, including but not limited to www.cadouu.com where we provide the Services to you.

The words “include” or “including” shall be construed without limitation to the words following.



3. Who are we and how to contact us

Our company information. CADOUU Ltd is a company incorporated under the laws of England and Wales with company number 10118103 ("CADOUU", "we", "us", or "our" as applicable).


Our UK registered office. Our registered office is 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ.


How to contact us. You can contact us by email or web chat. Our contact details are provided on the “Contact” page of our Web Application.



4. WHO CAN USE OUR SERVICES

You must be 18 years of age or older. You must be 18 years or older to use our Services. By registering with us you confirm that you are 18 years or older. We may ask you to show proof of your age at any time.


Your use of our Services must not violate any applicable laws. You promise that your registering with us and using our Services does not violate any laws applicable to you. You take full responsibility for any consequences of you breaching this section.



5. Your Personal Information

To optimise and customise your use of our Services, we collect certain information about you. Where we collect information that can be used to identify you, we call this Personal Information. We are very careful about guarding the security of your Personal Information. To find out more about how we use and share your Personal Information, and how you can control it, please read our Privacy and Cookies Policies.



6. Our Services

How it works

  • A friend sets up a CADOUU gift page in your name as the gift recipient (“Recipient”). This friend can leave a personal message or video message that only you the Recipient will see. The friend spreads the word to family and other friends.
  • You are notified that friends have started a CADOUU and you are asked to put together a personal wishlist. You can put anything that you can legally acquire online on your wishlist.
  • This gift campaign will only go live when: (1) the friend makes the first contribution; and (2) you start a wishlist of gifts you would like to receive.
  • You can continue to curate and change the wishlist for as long as the gift campaign runs.
  • Our third-party payments processor Stripe Payments UK Limited (“Stripe”) collects and holds for a Recipient all contributions gifted by friends and family during the gift campaign (“Givers) (see Payments section below).
  • To comply with Stripe’s ‘Know Your Customer’ (“KYC”) process, the Recipient will have to provide us with certain information, which in some countries may mean providing us with a copy of your ID card or national insurance number. CADOUU will provide this information to Stripe and will not use or store this information itself.
  • At the end of the gift campaign, we match the total amount raised from all Givers with a corresponding gift(s) from your wishlist for approximately the same amount. We will send you an email including all the individual messages provided by Givers and revealing the gift you have been matched with.
  • We will try to match a specific gift from your wishlist. However, we cannot guarantee any specific gift, or the availability of any gift. Please note that any prices of gifts noted on our Web Application are only indications of prices, NOT confirmed prices. We do not guarantee that any gift will be available for the price indicated on our Web Application.
  • The total amount available for buying a gift is the total fund in the account Stripe holds for the Recipient, less any applicable fees. Once any applicable fees have been deducted, the remaining funds are available for the Recipient, provided it is a lawful gift campaign.
  • You will receive the funds to purchase your gift. We will instruct Stripe to issue the pay-out of net proceeds to your bank account. We will instruct the pay-out and Stripe is handling it. The length of pay-out may vary and might require you to provide us with additional information. In order to issue a pay-out you will have to go through the ‘thank you process’ through our system as a mandatory step within 3 days of campaign closing. We are required by law to collect some of your personal information and pass it on to our payment provider Stripe.  It is your responsibility to buy the gift and arrange shipping.
  • In certain jurisdictions, Recipients may have the opportunity to fulfil their order directly with affiliates or partners of CADOUU.

7. Payment AND FEES

Payment processing services for CADOUU are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to use CADOUU’s Services you agree to be bound by the Stripe Services Agreement, as this may be modified by Stripe from time to time. As a condition of CADOUU enabling payment processing services through Stripe, you agree to provide CADOUU accurate and complete information about you, and about the Recipient if you are a Giver, and you authorise CADOUU to share it and transaction information related to your use of the payment processing services provided by Stripe.


Payment processing fees by Stripe apply and these are deductible from the contribution amount. You can find the Stripe fee schedule here www.stripe.com/pricing.



How to contribute. Stripe accepts a variety of payment methods for contributions including credit cards, ApplePay, Android Pay and some local payment methods depending on your region. Your credit or debit card payment is processed by Stripe. Please read the Stripe Services Agreement and its privacy policy carefully, as well as those of your bank and credit card issuer. We are not responsible for any payment errors, including any errors made by you, Stripe, your bank or your credit card issuer. We do not process or store credit or debit card information, or any other financial information. To find out more about how Stripe stores and uses your Personal Information, please read their privacy policy.


Our fees. We charge 5% of the total amount of funds collected during the gift campaign as our service and convenience fee. You agree that: (i) Stripe is authorised to deduct our fee from the funds it holds for you; and (ii) this fee is non-refundable.



8. Cancellation and Refund Policy

If the gift campaign is unsuccessful for any reason, for example if the Recipient refuses to participate and rejects the gift campaign, or if we terminate your gift campaign due to your breach of these Terms, Stripe will refund all contributions made to the gift campaign back to the Givers. Our fees which are related to the running of the platform, will not be refunded.

 


9. Your Account and Account Security

Opening an account. You may browse through our Services without creating an account. When you want to create a personal wishlist as a Recipient you will need to open an account by providing the information about yourself requested on our Web Application.


Your obligations. The following are commitments you make to us about registering and maintaining the security of your account:

  • You will always provide us with complete, accurate, up to date information and a valid email address. You will update this information promptly if it changes. You agree that we will not be responsible for any loss arising out of your failure to do so.
  • If we request you to do so at any time, you will promptly confirm the accuracy of your information and provide any further information or documents that we require.
  • You will not create, or use, an account for anyone other than yourself and you will only use our Services for your sole, personal use.
  • You will not transfer your account to anyone without first getting our written permission.
  • You will only open one account, unless you have our written permission to open additional accounts. If we discover that you have additional accounts not authorised by us, we may close these or merge them.
  • If we disable your account, you will not create another one without our permission.
  • You will not share your password, let anyone else access your account, or do anything else that may jeopardise the security of your account.
  • If you learn of any unauthorised use of your password or account, please contact us by sending us an email to: [email protected]

We reserve the right to remove or reclaim a username if we believe this to be appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).



10. Rules for Using our Services

You may use our Services only for lawful purposes. You are responsible for ensuring that the gifts on your wishlist comply with these Terms, are appropriate and legal for your country, and can be legally purchased in, or shipped into, your country (for example, you cannot have alcohol on your wishlist if you live in a country that prohibits it, or where the age limit is above your age).

 

What you cannot do. You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and other materials that you submit to our Services ("User Content"). You agree not to: (i) do anything on, or submit any User Content to, the Services; or (ii) use our Services in any way:

  • that breaches any applicable local, national or international law or regulation;
  • that is unlawful, fraudulent, misleading, abusive, malicious, likely to deceive, or discriminatory;
  • to impersonate or falsely state your affiliation with any person or organisation, or misrepresent the origin or attributes (including age) of a user or User Content;
  • to send or otherwise post unsolicited or unauthorised communications, advertising or promotional material (such as spam);
  • to collect Users’ Content or user information, solicit login information or access an account belonging to someone else;
  • to do anything that could disable, overburden, or impair the proper working of our Services, such as a denial of service attack;
  • to upload or link to viruses, Trojans, worms, spyware or other malicious code;
  • that misuses or interferes with our Services, nor will you try to gain unauthorised access to our Web Application, servers, computers or databases, for example using automated means (including harvesting bots, robots, spiders, or scrapers);
  • that is hateful, threatening, harmful to others including minors, invasive of another's privacy, inflammatory, offensive, defamatory, pornographic, obscene, incites violence, contains graphic or gratuitous violence, infringes another party’s intellectual property or other rights, promotes illegal activities, or is otherwise objectionable; or
  • to facilitate or encourage any violations of these Terms.

 

We have no obligation to monitor User Content. We may reject, recategorise or delete any User Content available via the Services that violates these Terms. You must evaluate and bear all risks associated with the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of any User Content.

 


11. If you breach these Terms

We will determine in our sole discretion if you have breached any of the Terms. We may refuse use of our Services at any time, without providing reasons. If you breach these Terms, create risk or possible legal exposure for us, or if we are investigating suspected misconduct, we may:

  • close your account immediately;
  • suspend or stop providing all, or part, of our Services to you;
  • remove and delete any of your User Content;
  • take any other action that we consider to be necessary.

We will notify you by email, or the next time you attempt to access your account.



12. Our obligations

Where applicable laws require, we will respond to legitimate requests by authorities or court orders to disclose information. In serious instances of abuse or breaches of these Terms, we may also notify the police or relevant law enforcement agencies.



13. Licence to use our Services

Our Services, including the Web Application, contain software, technology, proprietary and confidential information that is protected by intellectual property and other laws. Content on our Services may be protected by copyrights, trade marks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorised by us or the applicable licensor, you will not use, distribute, reproduce, adapt, publish, translate, create derivative works from, rent, sell, publicly perform or publicly display any part of our Services.


We grant to you a personal, revocable, non-transferable and non-exclusive licence to use our Services on your device in accordance with our Terms only as necessary to relation to these Services. We reserve all other rights.


You must not (and must not allow any other person to) directly or indirectly:

  • copy, adapt, or create a derivative work of any software included in our Services;
  • reverse engineer, disassemble, or decompile the Services or otherwise attempt to discover the source code of any software included in our Services;
  • sell, assign, sublicense, lease, grant a security interest in, or otherwise transfer any right in our Services, including our software;
  • remove or change any of our trade marks or other intellectual property appearing on, or within, the Services.

This will not apply where you are expressly permitted to do so by law or the relevant licensor.



14. UNSOLICITED Information

If you submit any ideas, suggestions, proposals, or documents to CADOUU (collectively, “Contributions” for short), you agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) CADOUU is not under any obligation of confidentiality regarding these Contributions; (iii) CADOUU may have something similar to the Contributions already in development or under consideration; (iv) CADOUU may use or disclose such Contributions for any purpose in any way; (v) your Contributions automatically become the property of CADOUU without any obligation of CADOUU to you; and (vi) you are not entitled to any payment, compensation or reimbursement of any kind from CADOUU under any circumstances for such Contributions.



15. LICENCE FROM YOU TO CADOUU

You retain copyright and any other rights you already hold in User Content that you submit, or make available through, the Services. When you submit, or make available, User Content on publicly accessible areas (described below) of the Services, you give to CADOUU the following licence: for all User Content you submit or make available on publicly accessible areas of the Services, you give to CADOUU the worldwide, royalty-free and non-exclusive licence to use, distribute, reproduce, adapt, publish, translate, create derivative works from, publicly perform and publicly display the User Content on the Services for the purpose:

  • for which that User Content was submitted; and
  • of promoting the Services, or in connection with any distribution or syndication arrangement with other organisations or individuals or their sites.

This licence exists only for as long as you continue to include the User Content on the Services and will end at the time you remove, or CADOUU removes, the User Content from the Services.


"Publicly accessible" areas of the Services are those areas of the Services that are intended by CADOUU to be available to the general public.


You are solely responsible for any personal data or information that you choose to disclose and make publicly accessible via the Services. CADOUU is not responsible for the disclosure and public accessibility of such personal data or information. Any personal data or information (or any other User Content) posted to publicly accessible areas may remain publicly accessible indefinitely.


16. Other People’s Rights, Information and Content

We respect other people’s rights, and expect you to do the same. You will not post content or take any action on our Services that infringes or violates someone else’s rights or otherwise violates the law.


You may not use content from our Services unless you obtain permission from us, or its owner, or are otherwise permitted by law. Our Services display some content that is not owned by CADOUU. This content is the sole responsibility of the entity that makes it available. Branding, trade marks, service marks and logos used in our Services may belong to CADOUU or other persons. These Terms do not grant you the right to use them. Using our Services does not give you ownership of any intellectual property rights in our Services or the content that you access.



17. Links to other sites or apps

Our Services may include links to websites or apps provided by other entities. These links are provided for your convenience only. We do not endorse and are not responsible for any such third-party websites or apps, including those of our payments processor.



18. Changes to our Service

We constantly change and improve our Services. We may change, add or remove functionalities or features and we may suspend, withdraw or stop all, or part, of a Service without notice. Occasionally, we may have to:

  • interrupt the Service. If we do so, we will restore it as quickly as we can; or
  • make changes to certain technical specifications and product features.

We may not tell you beforehand about changes or interruptions that do not materially disadvantage you. Where any changes to our Services will materially disadvantage our users, we will tell you a reasonable amount of time beforehand. We may need to make changes immediately for security, legal or regulatory reasons. In this case, we will let you know about these changes as soon as we can if they materially disadvantage you. When any of our Services require or include downloadable software, this software may update automatically on your device once a new version or feature is available.



19. Changes to our Terms

We may update our Terms for various reasons, for example, to reflect changes in our Services or the law, or to deal with gaps in our Terms.


Notice of changes. If we need to update our Terms we will give you notice either by posting the change on our Web Application or contacting you by email. You should look at these Terms regularly. If you continue to access or use our Services after we post any changes to these Terms we will consider that you have accepted the changes. If you do not agree to any changes you should stop using our Services. Refer to Ending the Service below for more information about how to delete your account.


Where we believe that a change is likely to cause you material disadvantage, we will let you know about the change before it happens. However, changes in our Terms that: (i) are more favourable to you; (ii) relate to new functions for a Service; (iii) are made for legal or regulatory reasons; or (iv) do not reduce your rights or increase your obligations, will be effective immediately.



20. Ending the Service

You can stop using our Services at any time. Please tell us to delete your account by sending an email to [email protected].


In addition to our other rights, we may also stop providing our Services to you, or add or create new limits to our Services, at any time. We may do this for the following reasons:

  • you breach any of these Terms, any documents referred to in them, or you are otherwise in breach of an obligation to us;
  • we suspect you are in breach of any applicable law or regulation;
  • your account is inactive for an extended period;
  • we suspend or discontinue all, or part, of our Services;
  • we are requested or directed to do so by any competent court of law, regulatory authority, or law enforcement agency;
  • suspected unauthorised or fraudulent use of your account;
  • unexpected technical or security problems.

Where we can, we will let you know in advance.



21. What we are responsible for and not responsible for

Exclusion of warranties. We provide our Services using a commercially reasonable level of skill and care and we hope that you enjoy using them. We try to ensure that the information displayed on our Services is accurate and up to date, but we do not guarantee the accuracy of the information we provide. If you inform us of any inaccuracies on our Services we will attempt to correct them as soon as we reasonably can.


There are certain things that we do not promise about our Services. Some jurisdictions provide for certain warranties, like the implied warranty of satisfactory quality / merchantability, fitness for a particular purpose and non-infringement. Unfortunately, we cannot guarantee that our Services will never be faulty. Other than as expressly set out in these Terms, we do not make any promises, representations, warranties or other commitments about our Services. For example, we do not make any commitments about the content within our Services, the specific functions of the Services or their accuracy, reliability, availability, completeness or ability to meet your needs. We do not guarantee that our Services will be uninterrupted or that they will always be available. We will not be liable if for any reason our Services are unavailable at any time. We cannot guarantee that our Services will be free from bugs or viruses. We provide our Services “as is”. To the extent permitted by law, we exclude all warranties, express or implied.


What we do not do

  • We do not provide any payment services, collect money or hold funds for Recipients.
  • All payments are handled by our third-party payments processor Stripe. You will need a Stripe account and agree to the Stripe terms if you are going to receiving money from payment processed through Stripe.
  • Our Terms are separate from the agreement between you and Stripe. Your agreement with Stripe is provided by Stripe and is not prepared by us. Stripe is responsible for processing payments and sending funds in connection with your use of our Services and for any Personal Information that it collects from you. We are not responsible in any way in contract, tort or otherwise for your use of Stripe’s services.
  • We do not provide any gifts or products.
  • We do not purchase the gift on your behalf, or arrange the shipping. Additional costs may apply for delivery of the gift – this is between you and the retailer(s) that you buy the gift from.
  • We are not responsible in any way for content posted by a Giver, Recipient, Stripe or any other third party. Content posted by third parties is the responsibility of that party.

 

Nothing excludes or limits your or our liability where it would be unlawful to do so. This includes liability for: (i) death or personal injury caused by your or our respective negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability which cannot be excluded or limited under applicable law. This section (and any other section excluding or restricting our liability) applies to our subsidiaries, affiliates, licensors and each of its officers, directors, employees and agents as well as to us.


We are responsible to you for foreseeable loss and damage caused by us. If we do not reasonably meet our commitments to you, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill. We are not 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.


What we are not responsible for. Where permitted by law, we will not be responsible for any of the following events (including our own negligence) even if we have been advised of the possibility of such losses:

  • economic losses (including, without limitation, loss of revenues, profits, contracts, business, business opportunity, or anticipated savings);
  • loss of goodwill or reputation;
  • special, indirect or consequential losses;
  • any loss or damage caused by a virus, or other technological attacks or material that may infect your computer equipment or software; or
  • any damage to or loss of data, User Content, or software.

To the extent permitted by law, the total liability of CADOUU for any liability of any kind, including for breach of contract, tort (including negligence) or otherwise with respect to our Services, is limited to a maximum of £100.


We recognise that in some countries, you may have legal rights as a consumer. Nothing in these Terms limits any consumers’ legal rights which may not be waived by contract.


Matters beyond our reasonable control. We may not be able to do what we have agreed because of something beyond our reasonable control, including: lightning, flood, severe weather, fire, explosion, terrorist activities, anything done by Government or other competent authority, or industrial disputes. There may be other reasons too. In these cases, we cannot be liable for delays, or being unable to provide you with our Services.


What you are responsible for and indemnity. To the fullest extent permitted by applicable laws, you will keep harmless, defend and indemnify CADOUU, its subsidiaries, affiliates, licensors and each of its officers, directors, employees and agents against any claims, losses, costs, damages, liabilities and expenses (including reasonable legal fees) arising from, or in connection with: (i) your breach of these Terms or any applicable law or regulation; (ii) User Content you submit or otherwise make available through the Services; or (iii) your use or misuse of our Services. This provision will survive any termination of these Terms. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall provide us with full assistance and cooperation in this regard.



22. Sorting out complaints and contacting each other

How to contact us. If you have a problem or complaint about us or our Services, please contact us at [email protected]


How we will contact you. When we need to contact you with service announcements and other important information we may post this on our Web Application or use the email address or other contact information you provided. You should regularly check your email for messages from us. If you do not maintain up to date contact information, you may miss communications about our Services. As these are not marketing messages you may not opt out of receiving them (unless you stop using our Services and delete your account).



23. Other things we need to tell you

Entire agreement and governing law. These Terms make up the entire agreement between us regarding our Services, and supersede any prior agreements. These Terms, our relationship and any non-contractual obligations arising out of or in connection with these Terms are governed by the laws of England and Wales. The courts of England and Wales have jurisdiction to settle any dispute, or any non-contractual obligation, arising out of or in connection with these Terms.


Transfer. You may not transfer, assign, charge, subcontract or deal in any other manner with any of your rights and obligations under these Terms without our prior written consent. We can transfer, assign, subcontract or novate these Terms, or any right or obligation under these Terms, at any time without your consent.


Survival of Terms. After these Terms come to an end, any provisions of these Terms, which by their nature extend beyond the termination, will survive termination of the agreement.


Third parties. These Terms are between you and us. No third party is entitled to enforce any term under these Terms under the Contracts (Rights of Third Parties) Act 1999.


Enforceability. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.


Waivers and delays. Sometimes we may choose to ignore it if you break one of these Terms, or we may choose not to enforce a particular term. But even if we do this, we can still choose to enforce that term, or take action, if you break that or any other term later.


24. Mobile network charges

Our Services may require the use of data access and text messaging and may incur charges from your mobile network provider. You are responsible for all charges that your mobile network provider may apply.



Date of Last Revision: 06 December 2017