2. We reserve the right to update these Terms from time to time at our discretion. If we do so, the updated version will be effective as soon as it is accessible. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them.
Use of the Site
3. If you wish to register at the Site you must be at least 18 years old and be legally able to enter into a contract.
4. When you register at the Site you can create a username and password. You are responsible for keeping your password confidential and you are responsible for any activity under your MY WISH account. Please take precautions to protect your password and if you believe there has been any unauthorised use of your account, please contact us immediately at firstname.lastname@example.org. You should exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with this paragraph 4.
5. Our Site is made available to you free of charge. You can view the information, images and other content within the Site (the Site Content) for your own purposes, but you cannot copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or otherwise use the Site Content except in accordance with these Terms.
6. Within the Site, you can create a wish list of products, and share that wish list with your family and friends. You are responsible for the content of your wish list and the identity of the individuals who you wish to see your wish list.
7. When you use the Site you must comply with all applicable laws. In particular, but without limitation, you agree not to (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; (b) use the Site in any manner that could damage, disable, overburden or impair our servers or networks or interfere with any other user’s use and enjoyment of the Site; and/or (c) save to the extent expressly permitted by law and not capable of exclusion by law, copy, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site.
Site Content – DISCLAIMER
8. The Site enables you to compare prices for products. We prepare and publish our Site Content with reasonable skill and care, and our intention is to include up-to-date price and availability information for the products. However, you acknowledge and agree that we cannot reasonably verify the accuracy of all information provided by a retailer. Accordingly, you acknowledge that the price comparison information within the Site Content is for information only and we do not warrant that it is accurate, complete or timely. Retailers change their prices frequently, and our price comparison information may not reflect a recent price change, change in product description or availability of the product.
9. Use of the Site and the Site Content is at your own risk. The Site and the Site Content is provided on an “as is” basis. All implied warranties, terms and conditions relating to the Site and the Site Content (whether implied by statute, common law or otherwise), including any warranty, term or condition as to accuracy, completeness, performance, availability and non-infringement are excluded.
10. The copyright in all Site Content is owned by or, to the best of our knowledge, licensed to us. All rights are reserved. If you believe any Site Content infringes your copyright or other intellectual property right, please send the following information to us at the address set out above or by email at email@example.com: (a) a description of the copyright work that you claim has been infringed, including the URL (Internet address) or other specific location on the Site where the material that you claim has been infringed is located. Include enough information to allow us to locate the material, and explain why you think an infringement has taken place; (b) a description of the location where the original or an authorised copy of the copyright work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published; (c) your address, telephone number and e-mail address; (d) a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent or the law; (e) a statement by you that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf; and (f) an electronic or physical signature of the owner of the copyright or the person authorised to act on behalf of the owner of the copyright interest.
Links to retailers
12. If you agree to purchase products from any third party retailer who is referred to in the Site, you agree that the retailer, and not us, is responsible for such products and if you have any questions or complaints in relation to them, you should contact the retailer. We are not the official website for any third party retailer, and we do not endorse any third party retailer and/or their products. We do not act as principal in any transaction, nor as agent for either party, nor are we party to any binding agreement between for the purchase and sale of products and/or services.
Liability and disclaimer – Your attention is particularly drawn to this section
13. Subject to Conditions 15 and 16, we are not liable, in contract, tort (including negligence), under statute or otherwise, as a result of or in connection with the Site and/or the Site Content. Amongst other things, this means that if your wish list is lost or otherwise inaccessible, we will not be liable for the inconvenience or loss of data.
14. We only provide our site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity if you do so.
15. If use of or access to the Site damages a device or any digital content belonging to you because of our failure to use reasonable care and skill in relation to the Site, we will either repair the damage or pay you compensation up to £25.
16. Nothing in these Terms shall be construed as excluding or limiting our liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation or for any other liability which cannot be excluded by English law.
17. There may be occasions when access to the Site may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. You also acknowledge that the Site, including your wish list may be subject to breaches of security notwithstanding our efforts to keep the Site secure.
18. We reserve the right to remove any content or features, including a retailer and/or any product from the Site for any reason, without prior notice and/or to suspend or cease providing any services relating to the Site without notice, and shall have no liability or responsibility to you in any manner whatsoever in such circumstances.
19. In these Terms (a) headings are for convenience only and do not affect interpretation; (b) words in the singular include the plural; and (c) including means including but not limited to.
21. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
22. If you have any complaint or wish to raise a dispute under these Terms or otherwise in relation to the Site Content please follow this link http://ec.europa.eu/odr. These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.
Last updated: July 2017
Collecting Your Data
3. We will collect your personal data such as name, email address and telephone number either automatically when you register, or as otherwise provided by you to us. All personal data that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal data. You must not register under someone else’s name.
4. If you register at MY WISH, please keep your log-in details confidential. You are responsible for all activity under your MY WISH account.
5. When you use the Site, we automatically collect and store information about your device and your activities. This information could include (a) your computer or other device’s unique ID number; (b) your mobile device’s geographic location; (c) your IP address: (d) technical information about your device such as type of device, web browser or operating system; (e) your preferences and settings such as time zone and language; (f) how long you used the Site and which services and features you used.
Use of your personal data
7. We do not share personal data with others except (a) when we inform you and you agree to having your personal data shared; (b) to respond to legal requirements (including under the Data Protection Act 1998 as amended, or its local equivalent) or protect a third party’s rights, property, or safety; (c) to any service providers, sub-contractors and agents that we may appoint to perform functions on our behalf and in accordance with our instruction, including payment providers and delivery companies; and (d) in connection with, or during negotiations of, any merger, sale of assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company.
8. We use anonymised data relating to user’s wish lists for research, statistical analysis and behavioural analysis and user profiling and analysing user’s purchasing preferences
9. When you register on the Site, you consent to receive marketing email messages from us. You can choose to no longer receive marketing emails from us by updating your MY WISH account, contacting us at firstname.lastname@example.org or clicking unsubscribe from a marketing email. We shall therefore retain your personal data in our records for marketing purposes until you notify us that you no longer wish to receive marketing emails from us.
10. We shall not transfer personal data outside of the European Economic Area without your prior written consent.
11. A cookie is a small text file containing a unique identification number that is transferred (through your browser) from a website to the hard drive of your computer. The cookie identifies your browser but will not let a website know any personal data about you, such as your name and/or address. These files are then used by websites to identify when users revisit that website.
13. We may also use Google Analytics to monitor how the Site is used. Google Analytics collects information anonymously and generates reports detailing information such as the number of visits to the Site, where visitors generally came from, how long they stayed on the Site, and which pages they visited. Google Analytics places several persistent cookies on your computer’s hard drive. These do not collect any personal data. If you do not agree to this you can disable persistent cookies in your browser. This will prevent Google Analytics from logging your visits.
14. We take appropriate security measures (including physical, electronic and procedural measures) to help safeguard your personal data from unauthorized access and disclosure. The technology that we use and the security policies which we have implemented are intended to safeguard your information from unauthorised access and improper use. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise that your personal data will always remain secure.
15. You have the right to obtain from us a copy of the personal data that we hold for you, and to require us to correct errors in the personal data that we process for you if it is inaccurate or incomplete. You also have the right at any time to require that we delete your personal data. To exercise these rights, or any other rights you may have under applicable laws, please contact us at email@example.com. Please note, we reserve the right to charge an administrative fee of £10 if you wish to exercise the right to obtain a copy of the personal data that we hold for you.
Last updated: August 2017