1. JamDoughnut Services
1.1 We provide an online, digital gift card service for customers who have registered for an account via our IOS/Android App. The requirements for these operating systems may change and you must download the updates to keep using the App. This will be the same for any subsequent systems which we may decide to extend the availability of the App to.
1.2 To ensure the App works correctly please ensure your operating system and our App is the most current version available.
1.3 You can purchase gift cards from various retailers which can be used in app, online or in store. Details of the cards available for purchase and where
they can be used is available in our App.
1.4 For each purchase made through JamDoughnut, we reward you with cashback points based on a percentage of the amount purchased. The number of cashback points which you will receive is set out in the App; these may differ for each separate retailer and payment method and may vary from time to time. Your cashback points will have a cash value of £1 for each one hundred (100) points, however your points can only be redeemed once you have accrued a total of one thousand (1,000) points or more (having a total cash value of at least £10.
1.5 Cashback points will expire after a period of 12 months from the date on which they were rewarded if they are not redeemed during that period. Expired points will be automatically removed.
1.6 From time to time, JamDoughnut will run incentive campaigns giving you the opportunity to earn Bonus Points for various activities such as making your first payment or referring people to us. If you participate in one of our incentives campaigns, we will credit your account with the applicable Bonus Points in accordance with the applicable terms and conditions as set out on the Website or App.
1.7 Bonus Points will expire after a period of 6 months from the date on which they were rewarded if they are not redeemed during that period. Expired points will be automatically removed.
1.8 You can find further information about us and our services on our website or via our App. We also confirm the key information to you in writing when you register an account or purchase any of our gift cards, either by email, text or in your online account.
2. Registering an Account
2.1 You must register an Account before you can use the JamDoughnut Service.
2.2 You must be at least 18 years of age to register an Account with JamDoughnut. You are restricted to no more than one account per person. You must have a UK phone number to register for a JamDoughnut account.
2.3 When using or registering with JamDoughnut you must provide accurate and current information about yourself when requested.
2.4 Our Privacy Policy contains important information on how we use and store any personal information that you provide to JamDoughnut.
2.5You must ensure that the email address and phone number that we hold is accurate and up to date so that you can access your account and stay up to date with important information relating to JamDoughnut. If you need to make a change to either, you can contact us at help@jamdoughnut.com. Failure to keep these details up to date may result in a termination of your account.
3. Placing orders
Before placing an order please refer the retailers website for restrictions on the use of their gift card to ensure it is suitable for your intended purchase.
3.1 Sometimes we reject an order or a user account, for example because:
3.1.1 we can't verify your age (you must be over 18 years old);
3.1.2 you are located outside the UK (you must live in the UK);
3.1.3 you are not accessing the App on your own behalf; or
3.1.4 the digital gift card you wish to purchase is not available.
When this happens, we will let you know as soon as possible.
3.2 We will contact you by email, and in the App, to confirm receipt of payment and acceptance of your order. The digital card will then be sent to you via the App and should appear in your account within 2 minutes of the acceptance of your order having been confirmed to you by email or in App. If you do not receive your card within 2 hours of confirmation of acceptance of your order, please contact help@jamdoughnut.com.
3.3 If you experience any issues with using the digital gift card please refer the retailers terms and conditions on their website or contact their customer services.
4. Payment and fees
4.1 We will charge your chosen method of payment for your digital gift card when we confirm acceptance of your order.
4.2 We impose a transaction fee, per transaction when you cash out. This is subject to change in line with banking fees incurred for the transfer.
4.3 By purchasing a digital gift card from JamDoughnut, you acknowledge and agree that the gift card will be supplied immediately upon confirmed settlement of purchase and that this will cause your right to cancel the purchase within the 14-day cancellation period to be lost. Therefore, no refunds will be provided for digital gift cards except where required by law or in our sole discretion. We may attempt to request a refund from the card issuer on your behalf, but we cannot guarantee that any refund will be obtained. By purchasing a digital gift card, you agree to these terms and conditions.
4.4 If the digital gift card is faulty you will be entitled to receive a refund or a replacement card. Please contact help@jamdoughnut.com if you experience any such issues.
5. Cashing out
5.1 When you have reached a minimum of one thousand (1,000) points (having a total cash value of at least £10, you can cash out and receive cash back from JamDoughnut. You will be charged a bank transfer fee to cover the transactional costs.
5.2 Once you have reached the minimum threshold, you can submit a request to withdraw any available Cashback from within the App at any time. Please note, if you change your payment detail then, for security reasons, there will be a 72 hour delay before you can request your Cashback.
5.3 The same minimum threshold applies to any future withdraws.
5.4 It is your responsibility to ensure your correct bank details are submitted. We shall not be responsible for any funds being sent to an incorrect account where you have provided incorrect details.
5.5 If your bank account details are rejected by our bank then we will refund your points back into your JamDoughnut account.
5.6 The time between requesting payment of your Payable Cashback and it being credited may vary. We shall not be liable for any delays in this regard or for any consequences of any delays which may occur.
5.7 We reserve the right to suspend Cashback payments at any time without notice to you if we reasonably suspect fraudulent activity has taken place.
6. Limit of Liability
6.1 Nothing in these terms and conditions limits our liability for:
6.1.1 death or personal injury arising from our negligence; or
6.1.2 our fraud or fraudulent misrepresentation; or
6.1.3 any other liability that cannot be excluded or limited under applicable law.
6.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website and App, any content on them or services accessed through our website or App, whether express or implied.
6.3 We will not be liable to you or any third party for any loss, damage or cost suffered or incurred, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising out of or in connection with:
6.3.1 use of, inability to use or unavailability of, our App or website (or any part of it);
6.3.2 use of any products, data, information or services accessed or obtained or messages received or transactions entered into, through or from the services obtained or accessed through the App or our website including use of or reliance on any content displayed on or made available through the App or our website;
6.3.3 the timeliness, accuracy, deletion, non-delivery, failure to receive or store or failure to update any user information, communications or personalisation settings; or
6.3.4 any products or services provided by any third parties including our partners and third party retailers as these products are governed by separate terms and conditions of supply which we have no control over, or for any acts, omissions, errors or defaults of any third party in connection with any product or services or the applicable terms and conditions.
6.4 Our total aggregate liability for any losses and/or damage suffered by you shall be limited to the amount of the transaction between you and us which gave rise to the loss or damage.
6.5 It is a fundamental provision of these Terms that we are not liable to you:
6.5.1 If our supply of your product is delayed by an event outside our control. We will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you shall be entitled to receive a refund.
6.5.2 If you purchase a gift card and:
6.5.2.1 fail to use it before the expiry date. It is the responsibility of the customer to check the time limits on each card;
6.5.2.2 no longer want or intend to use the gift card; or
6.5.2.3 the item you wish to purchase from the retailer is not in stock or unavailable.
6.5.2.4 the company you have purchased a gift card company ceases trading
6.5.3 If you are unhappy with the product purchased from the retailer. The customer must liaise with the retailer if they wish to return, replace or receive a refund for any items bought from them.
6.5.4 For any charges you may incur from your mobile service provider, or other third party, if you use the App outside of an area with Wi-Fi. If you are not the bill payer for the device on which you are using the App, we will assume you have received permission from the bill payer.
6.5.5 For any losses which were not reasonably foreseeable.
6.5.6 For something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
6.5.7 If it relates to your use of a product for the purposes of your trade, business, craft or profession.
6.6 You are responsible for protecting your computer systems and other devices from exposure to viruses by the use of anti-virus software, firewalls and any other technical measures that are reasonably necessary to protect your computer systems and other devices from such matters.
6.7 The App may from time to time include links to third-party websites, applications or features (“Third Party Services”). These links are provided for your information only. JamDoughnut does not control, maintain or endorse Third Party Services and you acknowledge and agree that your use of them is at your own risk. We assume no responsibility for the content or operation of Third Party Services and we will not be liable for any loss or damage that may arise from your use of them (or such content).
7. Changing, suspending and withdrawing services
7.1 We can change our services at any time:
7.1.1 to reflect changes in relevant laws and regulatory requirements;
7.1.2 to implement technical adjustments and improvements. These are changes that don't affect your use of the service; and
7.1.3 to update digital content. We might ask you to install these updates.
7.2 We can suspend the supply of our service. We do this to:
7.2.1 deal with technical problems or make minor technical changes;
7.2.2 update the service to reflect changes in relevant laws and regulatory requirements; or
7.2.3 make changes to the service.
Where possible, we will contact you in advance to tell you we're suspending the service, unless the problem is urgent or an emergency.
7.3 We may stop providing our services to you, for example if we decide to no longer support your device’s operating system. We will provide you with at least [one month’s] written notice in advance if this happens.
7.4 We can stop providing a particular product at any time, such as a digital card for a particular retailer. We will refund any sums you've paid in advance for products which won't be provided.
7.5 From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.
8. Termination
8.1 You can cancel your user account and end this agreement at any time and without charge. You can delete your account from within the App or by emailing us at help@jamdoughnut.com with the email address registered on your account. This will terminate the agreement and our obligations under any agreements shall immediately cease. All points accrued but not cashed out will be removed and no longer available. All digital gift cards that you have purchase will no longer be available. We shall have no liability to you under those agreements or these Terms and we will no longer use your personal data as set out in [our privacy policy].
8.2 We can terminate your user account and end this agreement with you if:
8.2.1 you have not purchased a digital gift card through JamDoughnut for 12 months, having given you at least one month’s notice beforehand;
8.2.2 you have been abusive to a member our team, or submitted inappropriate and/or offensive content;
8.2.3 We suspect you may be undertaking fraudulent activities;
8.2.4 we find out or have reason to believe you are breaching, or have breached, these Terms; or
8.2.5 we think your security may have been breached, or your privacy could be at risk. We will inform you after cancelling your account and tell you the reasons why we have done this, unless this compromises reasonable security measures. We will allow you to re-make an account as soon as practical after the threat ceases to exist.
9. Disputes
9.1 If you wish to make a complaint in respect of the service we have provided to you then please let us know by emailing help@JamDoughnut.com. We will do our best to resolve any problems you have with us. If you think the App is faulty or wish to contact us for any other reason please email our customer service team at help@JamDoughnut.com.
9.2 Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to the Dispute Resolution Ombudsman through their website at www.disputeresolutionombudsman.org. The Dispute Resolution Ombudsmman does not charge you for making a complaint.
9.3 . These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live
10. Important terms of the contract
10.1 We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll notify you in writing to let you know if we plan to do this. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing
10.2 Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
10.3 If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
10.4 Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
10.5 You must:
10.5.1 not use the App or any service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any service or any operating system;
10.5.2 not infringe our intellectual property rights or those of any third party in relation to your use of the App or any service (to the extent that such use is not licensed by these terms);
10.5.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any service;
10.5.4 not use the App or any service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
10.5.5 not collect or harvest any information or data from any service or our systems or attempt to decipher any transmissions to or from the servers running any service.
10.6 All intellectual property rights in the App throughout the world belong to us (or our licensors) and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or our website other than the right to use them in accordance with these Terms.
