TERMS AND CONDITIONS

Last updated: December 23, 2016

Please read carefully the Terms and Conditions (hereinafter – the “Terms”) before using a website wishround.com, as they affect your obligations and legal rights, including, but not limited to, waivers of rights, limitation of liability, and your indemnity to us. If you want to become our client, you should also read MangoPay Terms and accept them. If you do not agree with these Terms or the MangoPay Terms, please do not use this website.

RECITALS

These Terms are entered into between:

The client, natural capable adult who uses the Wishround.com’s services, hereinafter referred to as the “User”, or the partner, a legal entity or individual entrepreneur, selling goods or providing services, hereinafter referred to as the “Merchant“, on the one part, and

Wishround Ltd., a company registered in England and Wales with company number 9590261, registered office: Kemp House, 152 City Road, London, UK, EC1V 2NX; hereinafter referred to as “Wishround”, on the other part,

hereinafter collectively referred to as the “Parties”.

These Terms are of a public offer nature and are considered accepted in case of the User authorization, including, but not limited to, through Facebook and wishround.com; or in case of installation of a relevant software code by the Merchant.

Section A: TERMS AND DEFINITIONS

  1. In these Terms the following terms, unless otherwise is determined directly, have the following meanings:

    Website – wishround.com, which offers its Users the services of posting information about their Wishes for subsequent access to the information of potential Participants and the collection of funds; services on ensuring the distribution of Electronic Money issued by the Issuer.

    Services – any kind of services provided by Wishround under these Terms, including but not limited to the services indicated in Section B hereof.

    User – any individual, who has agreed to the Terms, authorized in the prescribed manner.

    Initiator – a user that has filled out the form to post Wishes, created an Electronic Wallet, having a right throughout the Wish activity period to receive Contributions from the Participants.

    Beneficiary – a person designated as the beneficiary of the funds; the beneficiary can be the initiator by him/herself.

    Participant – a user who makes Contribution in favor of the Initiator.

    Merchant – a legal entity or individual entrepreneur, selling goods or providing services, installing a relevant Wishround’s software code on its website, whose products or services may be posted as Wishes on the Website, purchased as a P2P gift or redeemed using an Electronic Voucher.

    Issuer – Leetchi Corp. S.A., societe anonyme incorporated under Luxembourg law, with a share capital of 500.000 Euros, having its registered office at 14, rue d’Aldringen, L-1118 Luxembourg, and registered in the Luxembourg Trade and Companies Register under number B173459, issuer of the Electronic Money.

    Mangopay – application programming interface, with which the Issuer provides the organizational and technological interaction and carries out the processing to ensure the use of Electronic Money.

    Wish – information about a product or service that is posted on the Website by the Initiator at his/her own discretion by pressing the “I want a gift” button on the Merchant’s website or directly created on the Website with a view to placing this information on other information resources on the Internet independently or with the help of the Website automatic actions.

    Profile – the User’s account on the Website, which is used for placing and managing a Wish, enabling to identify each User, including, but not limited to, using the account in Facebook. The User is given the access to Profile upon successful completion of the authorization procedure.

    Promo code – a unique sequence of characters transmitted to the User, which is equivalent to certain sum of money and which may be used for technical and/or marketing purposes as set out herein or as provided by the instructions on the Website.

    Contribution – cash or non-cash funds transferred by the Participant to the Initiator’s Electronic Wallet.

    Amount – all Contributions received by the Initiator sufficient to purchase a Wish.

    Wish activity period – the period during which the Initiator has the right to receive Contributions from the Participants, and the Wish is in “Active” status.

    Electronic Money – cost units, which are stored in the Electronic Wallet (computer memory), accepted as means of payment by persons other than the Issuer, and are the monetary obligation of the Issuer.

    Electronic Wallet – the account in Mangopay database, containing data on the amount of Electronic Money available to the User/Merchant, enabling to identify each User/Merchant with the details (User name and password).

    Login – means the data necessary to the identification of a User by the Website, which includes a User name (valid email address) and a password.

    Credit Card – debit or credit card, valid in EU and not expired, subject to the authorization by the Issuer (Visa, MasterCard, CB) used in order to pay a Contribution.

    Peer-to-peer gift (P2P gift) – a product or a service purchased on Merchant’s website by one User and then transferred to the Receiver by means of software developed by Wishround, including as a part of white label services. The engine developed by Wishround provides only the instrument for the Users and the Merchants to functionally materialize the P2P gifts option.

    Reveiver – a person that can be identified by an email and a name, entered by the User when sending a P2P gift on the Merchant’s website, using means of software developed by Wishround.

    Electronic voucher – a unit, for which the P2P gift can be exchanged and which enables the Receiver to purchase other goods and services on the Merchant’s website.

  2. All other definitions not specified in Paragraph 1 hereof shall be determined in accordance with the practice of business turnover in e-commerce and by the current UK legislation.

Section B: PURPOSE OF THE WEBSITE USE

  1. These Terms define the basic rules for the use of the Website and the terms of provision for the User and the Merchant of the following services:
    1. services on information posting;
    2. services on ensuring the distribution of electronic money issued by the Issuer;
    3. services for Merchants as described in Section F of these Terms.
  2. Wishround does not provide any services related to the loan-based or investment-based crowdfunding which is subject to the regulation of the Financial Conduct Authority (FCA).
  3. The User’s and Merchant’s use of services related to electronic money through Mangopay system is based on Mangopay Terms. The Website is not a payment system, does not store the User’s credit card data, does not provide financial services and is not the electronic money institution within the meaning of the Electronic Money Regulations 2011.
  4. Use of the Website is free of charge for all Users. Wishround shall not charge a commission or other fees from the Users for the use of the Website. However, Wishround may charge certain fees for the Services, if it is provided so by these Terms.
  5. The User and Merchant agree to use the Website in strict compliance with these Terms and applicable law.

Section C: USER AUTHORIZATION PROCEDURE

  1. Authorization and Profile creation shall mean full and unconditional acceptance of these Terms.
  2. While authorizing on the Website, the User represents and warrants that:
    1. he/she is a legal adult (minimum 18 years old) that he/she meets all other eligibility and residency requirements, and that he/she is fully able and legally competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and to abide by and comply with these Terms;
    2. he/she will not access Services if he/she is a person who is either barred or otherwise legally prohibited from receiving or using the Services under the laws of the country in which the User is a resident or from which he accesses or uses the Website;
    3. all information provided during the authorization is valid, accurate and current.
  3. The User undertakes, including, but not limited, NOT TO:
    1. authorize as the User on behalf of or in lieu of other person (“fake Profile”), or to authorize a legal entity as the User;
    2. carry out the illegal collection and processing of personal data of other persons;
    3. use the software and carry out actions aimed at the disruption of the normal functioning of the Website;
    4. use viruses, Trojans and other malware.
  4. In case of the User’s violation of these obligations, Wishround shall have the right to take all necessary measures to stop the violation. Wishround shall have the right to temporarily block access to the Profile for the User, thereby limiting the ability to control the Wish and the ability to receive Contributions from the Participants. Wishround shall block the access until the elimination of violations by the User.
  5. The User shall be liable for all actions in his/her Profile or on the Website.
  6. The User shall immediately inform Wishround in the event of unauthorized use of his/her data by other Users, or unauthorized access to his/her Profile as soon as he/she becomes aware of this fact, to block access to such data. To do this, the User shall send a notification to the e-mail: care@wishround.com.

Section D: SERVICES ON INFORMATION POSTING

  1. The Initiator shall have the right to create the Wish. For this purpose, the Initiator shall:
    1. choose the desired product or service on the Merchant’s website by pressing the “I want a gift” button, upon clicking of which he/she will be automatically redirected to the Website; then he/she authorizes, including, but not limited to, through Facebook to use the Website; or
    2. authorize, including, but not limited to, through Facebook for the use of the Website.
  2. The Wish contains the following information:
    1. data on the Initiator received from his/her page on Facebook;
    2. data on the Wish obtained from the Merchant’s website, or entered by the User independently, including downloaded images of the Wish;
    3. data on the necessary Amount received from the Merchant’s website or entered by the User on his/her own. In case of the price of the goods or services change on the Merchant’s Website, the Amount is automatically updated (not more than once a day).
  3. The Initiator may not create more than 1 (one) active Wish simultaneously. To collect the funds, the Initiator can use only the active Wish.
  4. The Initiator shall have the right to:
    1. post information on his/her Wishes on other websites on the Internet for the purpose of subsequent access to the information of potential Participants, on their own or with the help of automatic actions of the Website;
    2. receive Contributions from the Participants on his/her Electronic Wallet;
    3. be notified of any new online Contribution;
    4. get online the history of the Contributions at any time;
    5. replenish the Electronic Wallet for the amount of Electronic Money required to collect the entire Amount, if during the Wish activity period the Amount has not been collected;
    6. cancel the Wish. Herewith, the received Contributions are stored in the Electronic Wallet of the Initiator for the next replenishment of the active Wish. If the Wish cancelled was previously created from the Merchant’s website in accordance with paragraph 4.1. of this Section, the transfer of funds from the Wish cancelled to the new active Wish is only possible if a new active Wish is created from a website of the same Merchant.
  5. The Initiator is a buyer on the Merchant’s website and therefore is responsible for the accuracy of the information provided, including, but not limited to, shipping address, required for its implementation.

Section E: SERVICES ON ENSURING THE DISTRIBUTION OF ELECTRONIC MONEY

  1. The Website shall provide an opportunity for each Initiator to use Mangopay system to open Electronic Wallet, according to Mangopay Terms. The Website provides exclusively the Services indicated in Section B, while all the Electronic Money transactions are conducted via Mangopay system, according to Mangopay Terms.
  2. The Initiator shall have the right to receive Contributions from the Participants. To do this, after the Wish creation, the Initiator shall log in by means of the User name and password, thereby opening the Electronic Wallet in Mangopay system. The Initiators, which at the time of the Wish creation already have the Electronic Wallet, can use it for the receipt of Contributions from Participants.
  3. The Participant shall have the right to make the Contribution to Electronic Wallet of the Initiator using Mangopay system by transferring the Contribution to the Electronic Wallet of the Initiator. At the moment of making the Contribution, Wishround collects certain fee as remuneration for provided services on ensuring the distribution of Electronic Money, as provided in Section G hereof. Wishround shall not be deemed to be the owner of any Contributions or Amounts collected by the Initiator. The Initiator becomes the sole owner of the respective Contributions and Amounts.
  4. After the required Amount is collected and the Wish activity period expires, the Initiator shall have the right to:
    1. pay for his/her Wish by placing an order on the Merchant’s website. After clicking “Pay by Wishround” button, the Amount is debited from the Initiator’s Electronic Wallet as payment for goods or services. The Wish can only be paid with the Amount that was collected for the Wish created in accordance with paragraph 4.1. of Section D hereof;
    2. withdraw the amount collected to his/her bank account. For that purpose, the Initiator shall enter the information required for the transfer and then confirm the payment. The fees for such transactions are described in Section G hereof. The Website guarantees the protection and confidentiality of the collected information as a result of such actions of the Initiator, in accordance with the Website’s Privacy Policy;
    3. transfer some part or full amount collected and stored on his/her Electronic Wallet to another Initiator’s Electronic Wallet within the system so that the transfer becomes a Contribution to the Electronic Wallet of another Initiator.
  5. In certain cases, for marketing purposes, to encourage the Initiators for buying certain goods and services of the Partners, Wishround at its sole discretion may provide the Promo code for the Initiator to generate it on the Website. The Initiator may have the right to pay for the Wish by obtaining such Promo code. When such marketing Promo code is entered on the Merchant’s website, the Amount is debited from the Electronic Wallet as payment for goods or services. The Promo code is only redeemable for the Wishround services. It is not redeemable for cash and may not be returned for cash refund, exchanged, resold or used for purchasing other Promo codes.
  6. If the required amount has not been collected before the Wish activity period expired, the Initiator may replenish the Electronic Wallet with the amount of Electronic Money required to collect full Amount (1) by paying the difference using his/her payment card, or (2) choose other product or service on the Merchant’s website.
  7. If after the Wish activity period expiration, the Initiator does not use the amount collected and stored on his/her Electronic Wallet for certain term indicated in the MangoPay Terms, the respective Electronic Wallet may be inactivated by MangoPay. Wishround shall not be liable for any losses incurred by the Initiator in this regard. The Initiator is solely responsible for using his/her Electronic Wallet within the respective time limits.
  8. If the product or service chosen on the Merchant’s website is not available after the Wish activity period expired, the Initiator may choose other equivalent product or service on the Merchant’s website.

Section F: SERVICES FOR MERCHANTS

  1. Wishround shall provide to the Merchant services on ensuring the distribution of electronic money. In no way shall Wishround be considered as a distributor for electronic money institutions of any kind within the meaning of the Electronic Money Regulations 2011. Wishround only provides the services to the Merchant, which may include, but are not limited to, ensuring the possibility of the Merchant to receive electronic money from Initiators as payment for the Merchant’s goods or services using the Mangopay system.
  2. For this purpose, the Merchant shall install on its website, using special software code from the Website, the following software components:
    1. “I want a gift” – a software component, which technically ensures transfer from the Merchant’s website to the Website information about Merchant’s goods or services, including, but not limited to goods or services image, their brief description and price.
    2. “Pay by Wishround” – a software component, which technically ensures the User’s possibility to place an order on the Merchant’s website and pay for the Merchant’s goods or services by transfer of Electronic Money from the Initiator’s Electronic Wallet to the Merchant’s Electronic Wallet.
  3. Wishround reserves the right to require from the Merchant updating of all software components to continue using the Website.
  4. Wishround shall ensure the process and guarantee the opening of an Electronic Wallet using Mangopay system for the Merchant with zero-balance and possibility to receive Electronic Money from Initiators as payment for the Merchant’s goods or services. The list of documents, required for opening of the Electronic Wallet, is available on the Website.
  5. The Merchant confirms that all information provided for the opening of Electronic Wallet is valid, accurate and current.
  6. After the required Amount is collected, Wishround shall ensure a process of transfer of Electronic Money from the Initiator’s Electronic Wallet to the Merchant’s Electronic Wallet as a payment for the Merchant’s goods or services.
  7. Wishround may show the Merchant the information about all conducted operations with Electronic Money in special section of Merchant’s Electronic Wallet.
  8. Wishround may also develop software or an embedded code to integrate with Merchant’s website, which, as a part of white label services, may be used for the provision of the instruments for the Users and the Merchants to functionally materialize the P2P gifts option, as well as the of Electronic Vouchers option.
  9. The User on a Merchant’s website may purchase goods or services and transfer them (“send as a gift”) to another person (the Receiver). The User using Wishround software shall choose the appropriate option on the webpage, enters his/her details, the Receiver’s details, an optional short message and the date, on which the P2P gift shall be sent to the Receiver. The User shall then enter payment details and proceed with a checkout. The User and the Receiver shall read and accept the terms of use of the respective Merchant’s website and act in compliance therewith. Since the User is a buyer on the Merchant’s website, and both the User and the Receiver may be required to provide certain information for the implementation of the P2P gift option, they are therefore responsible for the accuracy of the information provided.
  10. Wishround shall ensure the information about the P2P gift (such as status updates, the actual notification about the P2P gift and “thank-you” notifications) is delivered, while the Merchant shall arrange the options for the Receiver to choose the specifications of the good or the service. Wishround is NOT responsible for the actual transaction, availability of goods and/or services as well as for shipment, reimbursements and refunds. They should be subject to the terms of use of the respective Merchant’s website.
  11. In case the good or service is not available or if the Receiver wishes to, the P2P gift may be exchanged for the Electronic Voucher, with which the Receiver can purchase other goods and/or services of the equivalent price on the Merchant’s website. Wishround shall provide an opportunity for the Receiver to convert the P2P gift to the Electronic Voucher, which may be applied on the Merchant’s website in accordance with terms of use of the respective Merchant’s website.

Section G: FEES

  1. Should the Wish be created through the use of the Website, during each transfer of Contribution from the Participant to the Initiator’s Electronic Wallet, Wishround withholds 5 (five) percent of such Contribution as remuneration for provided services on ensuring the distribution of Electronic Money. Such remuneration already includes cash-in and cash-out transaction fees of MangoPay (the pricings are available on the MangoPay website: https://www.mangopay.com/pricing/pricing-worldwide/) and other expenses on ensuring the distribution of Electronic Money.
  2. Should the Initiator use the “I want a gift” and “Pay by Wishround” tools on the Merchant’s website, as well as should the User chooses the P2P gifts option, Wishround withholds 5 (five) percent of the payment to the Merchant for the respective goods or services as a remuneration for the Services for Merchants set out in Section F hereof. Wishround does not withhold any sums of the Contributions should the Initiator use the “I want a gift” and “Pay by Wishround” tools on the Merchant’s website.
  3. Should the Initiator initiate the withdrawal the amount collected to his/her bank account under paragraph 4.2 of Section E hereof, certain bank fees and other charges not related to the Website may apply.
  4. Should any Participant transfer some part or full Amount collected and stored on his/her Electronic Wallet to another Initiator’s Electronic Wallet under paragraph 4.3 of Section E hereof, no fees shall be applied to such transfer.

Section H: DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

  1. The User agrees that he/she uses the Website is his/her own risk. Wishround does not warrant the accuracy and completeness of the information available on the Website. Wishround does not warrant that the operation of the Website will be uninterrupted, error-free or without malicious programs or other defects.
  2. If the User is not satisfied with the terms and/or quality of the Website, he/she must stop using the Website.
  3. By using the Website, the User warrants that the money, which he/she used to make Contributions, belongs to him/her on a lawful basis.
  4. The User is solely responsible to third parties if the User infringes the rights or legitimate interests of such third parties, including, but not limited to, by downloading images to the Website.
  5. Wishround shall not be liable for any damage, loss (direct, indirect, incidental) and loss of profit, resulting from any violation in the Website operation, inability to use the Website and/or illegal actions of third parties.
  6. Wishround shall not be liable for any damage, loss (direct, indirect, incidental) and loss of profit related to the purchase of goods or services available on the Merchant’s website. Each purchase is a contract directly between the User and the Merchant. The Website is not a party to such contract.
  7. If the User or the Merchant are not satisfied with the use of the Electronic Wallet, the liability defined by Mangopay Terms shall apply. Wishround shall not be liable for the transfers, temporarily blocked access to the Electronic Wallet, other malfunctions and errors in Mangopay system, because this is the Issuer who provides operations with Electronic Money.

Section I: LIABILITY OF THE PARTIES

  1. For non-performance or improper performance of their obligations hereunder, the Parties shall be liable in accordance with applicable law, unless otherwise provided hereby.
  2. The User and the Merchant shall not violate or attempt to violate the provisions of these Terms. If Wishround, in its sole discretion, determines that the User or the Merchant have violated or attempted to violate these Terms, the User’s and the Merchant’s access to the Website may be terminated. Wishround reserves the right to report violations committed by the Users or the Merchants to the authorized government bodies.
  3. The User and the Merchant hereby agree to indemnify and hold Wishround harmless from any claim by any third party due to or as a result of breach by the User or the Merchant of these Terms and the provisions of documents to which they refer, as well as in case of breach by the User or the Merchant of any law or the rights of a third party.

Section J: CONFIDENTIALITY

  1. By logging in on the Website, the User hereby consents to the collection, storage, use and disclosure of his personal data in accordance with the UK legislation. For more information, please read the annexes to these Terms: Privacy Policy and Cookies Policy.

Section K: INTELLECTUAL PROPERTY RIGHTS

  1. All components of the Website and the Website as a whole belong to Wishround and are protected by the legislation on intellectual property rights protection. All rights reserved.
  2. The User and the Merchant acknowledge and agree that all content and materials available on the Website are protected, including, but not limited to copyright, trademarks, patents, trade secrets, know-how. The reproduction, copying, or redistribution for commercial purposes of any materials or elements of the Website without the written permission of the Website is strictly prohibited.
  3. Except as specifically defined by Wishround, the User and the Merchant agree not to commit acts that violate the intellectual property rights of Wishround, including, but not limited to selling, importing, exporting, licensing, leasing, modifying, distributing, copying, reproducing, transmitting, publicly displaying, publicly performing, publishing, adapting, editing, or creating derivative works from materials, design elements, or content of the Website. Use of the content, materials, and other objects of intellectual property rights of Wishround for any purpose not explicitly stated herein is strictly prohibited.

Section L: APPLICABLE LAW AND DISPUTE RESOLUTION

  1. The User and the Merchant agree that these Terms and the relationship between the User/Merchant and Wishround shall be governed by the UK legislation.
  2. The Parties shall endeavour to resolve through negotiations all disagreements that may arise between the Parties during the validity term hereof.
  3. The User and the Merchant agree that for the purposes of resolving disputes between the User/Merchant and Wishround e-mail correspondence with the authorized persons of Wishround at: care@wishround.com shall be the effective and binding means of communication.
  4. If the Parties fail to reach an agreement on the dispute within 30 (thirty) calendar days, the dispute shall be submitted to the competent court under the UK legislation.

Section M: FINAL PROVISIONS

  1. These Terms shall remain in force until terminated by either of the Parties.
  2. The User may terminate these Terms at any time by stopping using the Website. The User shall be deemed to have stopped to use the Website, if he/she does not visit the Website for more than 90 (ninety) consecutive calendar days. Herewith, the received Contributions shall be stored in the Electronic Wallet of the Initiator for execution of the next Wish in accordance with paragraph 4.6. of Section D hereof.
  3. The Merchant may terminate these Terms at any time in case a written/electronic notice to Wishround is provided not later than 1 (one) month before the date of such termination. The Merchant shall remove the Wishround’s relevant software code from its website with the termination of these Terms.
  4. Wishround may terminate these Terms at any time by notifying the User and the Merchant.
  5. Wishround shall have the right to amend or supplement these Terms at any time without notice by posting a new version of the Terms on the Website. The new version of the Terms shall enter into force on the date of its posting on the Website, unless otherwise provided in the new version of the Terms.

How It Works

Create a Wish
With just a few clicks, you can create a wish or choose a gift from a partner store
Share with your friends
Spread the word about your wish on facebook and twitter or share a direct link to it
Get Your Gift
Pay for the gift in a partner store with the funds you raised

Connect your store! It's free

Join
Place the “Wish it!” button on your website and add Wishround as a payment method in your store
More Clients
Attract high quality targeted traffic from facebook and twitter
High ticket Items
Sell higher ticket items and get new users who pay for them