The timto.co.uk website is operated by:
Timto Limited, a company registered in England and Wales, whose registered office is at The GTi Suite, Valleys Innovation Centre, Navigation Park, Abercynon, CF45 4SN.
The company registration number is 6772843.
The company VAT number is 970795966.
Contact details are as follows:
Postal Address: GTi Suite, Ty Menter, Navigation Park, Abercynon, CF45 4SN.
Email Address: info@timto.co.uk
Telephone: 02920 090906
These terms and conditions apply to the person that contributes to a birthday fund, known in this contract as "the Contributor", the birthday fund organiser/account holder, known in this contract as "the Host", and Timto (trading name of Timto Ltd), known in this contract as "we" or "us". References to “you” or “your” refer to both the Contributor and the Host.
IT IS IMPORTANT THAT YOU READ THESE TERMS AND CONDITIONS CAREFULLY. THIS DOCUMENT SETS OUT THE WAY IN WHICH TIMTO OPERATES ITS SERVICE TO YOU.
THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT WWW.TIMTO.CO.UK. BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS DO NOT APPLY TO ANY EXTERNAL WEBSITES THAT ARE ACCESSED VIA THIS WEBSITE.
1.0 Prepayment protection
Timto Ltd has integrated security measures to ring-fence the contributions / prepayments made by the Contributors to Timto Ltd, on behalf of the Host. Any prepayments made by the Contributor to Timto Ltd shall, for the purpose of receiving and holding such prepayments only, be received and held by the Trustee Account. We guarantee all payments made to Timto Ltd by Contributors will be protected in the Trustee Account and will be safe-guarded against the failure of Timto Ltd (e.g. insolvency). Timto Ltd will only access the funds in the Trustee Account when instructed to do so by the Host. Examples include but are not limited to, access to order gift certificates for the Host and to make a donation to a Good Cause on behalf of the Host.
2.0 Registration
2.1 To register with timto.co.uk you must be over eighteen years of age or have the permission of an adult.
2.2 Each registration is for a single user only. We do not permit you to share your username and password with any other person nor with multiple users on a network.
2.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
2.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
B. HOST TERMS
3.0 Setting up the Birthday Fund Page
3.1 We will make space available on our Website for the Host to set up a Timto Account. We will provide the Host with the facility to use a unique Host password, which will give the Host unlimited access to update and amend data.
3.2 In order to take up this space the Host must complete the on-line Timto Account and Birthday Fund Registration Forms in full. We will then make space available for the Host to create the Birthday Fund Page, which will then be activated and Contributors may begin to contribute funds / make payments towards the Birthday Fund.
3.3 We do not accept responsibility for the contents of any Birthday Fund Page. We do not check the contents of any Birthday Fund Page and our acceptance of the Registration Forms does not signify acceptance of the contents. It is the responsibility of the Host to ensure that any Birthday Fund Page is at all times accurate, up-to-date and complete and that it includes nothing that goes against our WebPage Content Rules (refer to Section 27.0 (viii)).
3.4 It is the responsibility of the Host to keep up-to-date the contact details submitted on the Registration Form and the Host hereby undertakes to immediately notify us of any changes to those details so that the Host may be contacted at all times.
4.0 Ordering From Us
4.1 The Host is deemed to have placed an order with us by ticking the box to agree to the Timto Terms and Conditions and clicking the ‘Submit’ button in the Confirmation Table on the Close Fund page on the website. This page is located at the end of the birthday fund process. Prior to confirming your order you will be given the opportunity to check your order and to correct any errors (on the Close Fund page). We will send the Host an order acknowledgement by email to the e-mail address provided by you, the Host, detailing the products you have ordered (e.g. gift certificates).
4.2 Where the Goods are being provided by us, the acceptance of an order takes place when we despatch the Goods ordered. We will send the Host a despatch confirmation by email to the e-mail address provided by the Host. When the Goods are being provided by a Third Party the acceptance of an order shall be governed by their terms and conditions.
4.3 Where the Goods are to be despatched by a Third Party, they will be delivered in accordance with their Terms and Conditions of business. Where we are despatching the goods to the Host, the Host will receive the Goods within 28 days of the order being accepted by us in accordance with clause 4.2.
4.4 We may refuse to accept an order:
(i) where Goods are not available;
(ii) where we cannot obtain authorisation for the Contributor’s payment;
(iii) if there has been a pricing or product description error
4.5 A specific description of the main characteristics of the Goods; the price of the Goods and the period for which such price is valid; and the cost of delivering the Goods to the Host are as detailed on the website upon which the Goods are shown as at the time that the order is accepted in accordance with clause 4.2. The Host can order the following Goods:
(i) Gift Certificates (electronic or physical)
(ii) Vouchers
(iii) Gift Cards
4.6 The Host is not entitled to change an order once accepted by Us or a Third Party in accordance with Clause 4.2.
4.7 Any sums left outstanding in the Birthday Fund, after the Host has placed an order, will be stored in the Birthday Fund for 18 months or until the Host’s Timto Account is closed. In the event a Timto Account is closed, the sum left in the Birthday Fund, less the Closing Administration Fee, will be delivered by post to the Host at the address provided by the Host.
4.8 Wish List
Timto Ltd does not guarantee the price, cost of post & packaging, delivery time or availability of any item(s) in a Host’s Wish List. The information in the Wish List and associated Timto Shop should only be used for information purposes. For all other conditions regarding the Timto Shop please refer to Section 12.0.
5.0 CANCELLATION AND RETURNS POLICY (HOST)
5.1 Goods (as defined in Clause 27.0)
i) In the unlikely event that any Goods distributed by us and received by the Host are damaged, the Host should email us immediately to info@timto.co.uk with the subject: “Damaged Goods”.
ii) Please do not return Goods until instructed to do so. If we request the Host to return your Goods please ensure that they are securely packaged. Please also provide a full description of the fault and return the defective item to the address specified by us.
iii) In the event that the Goods are distributed by a Third Party, you are referred to that party’s cancellation and returns policy or equivalent. We accept no responsibility or liability whatsoever in relation to Goods distributed by a Third Party.
5.2 The rights to return the Goods to us as referred to in clause 5.1 will not apply:
i) in the event that the product has been used,
ii) to any Goods that have expired.
5.3 The provisions of this clause 5.2 do not affect the Host’s statutory rights.
5.4 The e-mail sent in accordance with clause 4.2 will mark the beginning of the cooling-off period for the purpose of the Consumer Protection (Distance Selling) Regulations 2008, and the Host will then have a period of seven (7) days to cancel his/her order,
5.5 Should the Host wish to cancel the contract, the Host must, within the period specified in clause 5.4, give written notice to Timto Ltd at info@timto.co.uk specifying your intention to cancel the contract with the subject “Cancellation of Goods”..
5.6 The Host will be responsible for the cost of returning the Goods to Timto Ltd and/or the cost of Timto Ltd having to recover the goods.
6.0 Payment (HOST)
6.1 There is no payment required on the opening of a Birthday Fund page.
6.2. Where we charge separately for packaging, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown on the Costs Page of the Website.
7.0 Donations to “Good Causes”
7.1 Subject to clause 7.3 below, we will facilitate the payments of funds to Good Causes as instructed by the Host in the Birthday Fund Page.
7.2 Payments to Good Causes will be made in accordance to the requirements of the particular Good Cause. The payment will be made no later than 3 calendar months from the Completion of a Birthday Fund.
7.3 We will determine at our sole discretion whether the entity to which the Host requests payment constitutes a Good Cause.
8.0 HOST'S Liability
8.1 The Host warrants to us that none of the information, software or materials supplied by him/her to us will infringe the Intellectual Property Rights of any third party;
8.2 The Host warrants to us that he/she has the right to disclose to us any information, software and materials that he/she provides to us and that we are entitled to retain, disclose and amend that information, software and materials for the purpose of fulfilling our obligations. Without prejudice to the above, the Host also warrants that he/she has obtained the consent of their child(ren) and/or any other individual whose personal data is disclosed to us.
8.3 The Host will indemnify us and keep us indemnified against all costs, claims, demands, expenses and liabilities that Timto Ltd may incur as a result of his/her breach of any of these terms and conditions.
9. CONTRIBUTOR TERMS
9.0 Making Contributions Through the Birthday Fund Page
9.1 Once we have activated the Birthday Fund page on behalf of the Host, the Contributor may visit the Birthday Fund page and contribute towards the Host's Birthday Fund through the Website. The Contributor will require access to the unique Birthday Fund code and, as a secondary security measure, an answer to a question specific to the Host. Payment may only be made through debit or credit card facilities paid through a secure Internet facility. Cash, cheques or other forms of payment will not be accepted. The Contributor is solely responsible for entering the correct payment details when making the contribution and we accept no liability for any incorrect information supplied.
9.2 We will not store credit and debit card details during the payment process. Card payments may be stored by our associated secure payment operator (PayPal (Europe) S.à r.l. & Cie, S.C.A), but only when instructed by the Contributor.
9.3 Where we charge an administration fee for making a contribution/payment towards a Birthday Fund, the appropriate rates are set out in our specified pricing structure shown on the Costs page of the Website.
9.4 On receipt of the money in cleared funds, we will send the Contributor a confirmation e-mail confirming that the payment has been made to the e-mail address provided by the Contributor, and the Host's account will be credited with a pending payment.
9.5 The e-mail will mark the beginning of the cooling-off period for the purpose of Consumer Protection (Distance Selling) Regulations 2008, and the Contributor will then have a period of seven (7) days to cancel his/her payment, unless an order placed by the Host is accepted (Clause 4.2) within the seven (7) days. In these circumstances the Contributor will not be able to claim a refund from Timto Ltd.
9.6 Although the Birthday Fund page may indicate that the Host is (1) donating money towards a Good Cause and (2) collecting towards a specific item(s) in the Host’s Wish List, the Contributor hereby acknowledges that the Host is entitled to change their mind and use the funds towards a different purpose without requiring the permission or acknowledgement of the Contributor. The Contributor also acknowledges that the Good Cause may be changed at our sole discretion.
10.0 CANCELLATION AND RETURNS POLICY (CONTRIBUTOR)
10.1 Contributor Payments
Timto Ltd will exercise their discretion in providing Contributor with a refund. The following scenarios are acceptable circumstances whereby Timto Ltd will refund a Contributor for a payment:
i) The Contributor made a payment into the incorrect Birthday Fund
ii) The payment made to a Birthday Fund was excessive, as deemed by us.
iii) Debit Card Payment: In the event points (i) or (ii) occur the Contributor has 3 days to request the refund. Please Note; once the Birthday Fund has been paid to the Host or the Host has placed an order with us the Contributor can no longer request a refund.
iv) Credit Card: Refer to your credit cards terms and conditions.
v) The Contributor notifies Timto Ltd of his intention to cancel the payment in accordance with clause 9.5.
The provisions of this clause 10.1 do not affect your statutory rights.
C. GENERAL TERMS
11.0 LINKS TO AND FROM OTHER WEBSITES
11.1 links to Third Party websites on this Website, EXCLUDING AMAZON.CO.UK and REDLETTERDAYS.CO.UK, are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these Third Party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the Third Party websites linked to this Website, you do so entirely at your own risk. We accept no liability whatsoever in relation to anything contained or referred to in any Third Party website.
11.2 LINKS TO AMAZON.CO.UK are provided on this website for the Host to use when purchasing items using an Amazon.co.uk electronic gift certificate, via the Timto Shop or Host’s Wish List. Links to Amazon.co.uk and redletterdays.co.uk also provide an opportunity for Timto Website Users to access and purchase items from Amazon.co.uk and redletterdays.co.uk irrespective of their association with a Birthday Fund. We accept no liability whatsoever in relation to anything contained or referred to on the Amazon.co.uk and redletterdays.co.uk website.
11.3 If you (or any other entity) would like to link to our Website, you may only do so on the basis that it is linked to, but does not replicate, the home page of our Website and is subject to the following conditions:
(i) you do not remove, distort or otherwise alter the appearance of the ‘timto’ logo;
(ii) you do not create a frame or any other browser or border environment around our Website;
(iii) you do not in any way imply that we are endorsing any products or services other than our own;
(iv) you do not misrepresent your relationship with us nor present any other false information about us;
(v) you do not otherwise use any ‘timto’ trademarks displayed on our Website without our express written permission;
(vi) you do not link from a website that is not owned by you other than a social networking website. In relation to links from social networking websites, Timto Ltd has the right to exercise its discretion as to the displaying of the link and may require that it be removed at any time; and
(vii) the website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 11.3 for breach of these terms and to take any action we deem appropriate.
11.4 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 11.3.
12.0 Timto Shop
Timto Ltd is not responsible for the content/items contained in the Timto Shop.
The products in the Timto Shop are product feeds sourced directly from Amazon.co.uk Ltd Red Letter Days Ltd. No products, including those in the Timto shopping basket or Wish List, can be purchase on timto.co.uk.
In the event the Timto Website User opts to purchase an item in the Timto Shop, the Timto Website User will be automatically transferred to a Amazon.co.uk or Red Letter Day webpage to complete the transaction.
We can not guarantee the price of a product, cost of delivery, duration of delivery or the availability of a product in the Timto Shop. These conditions will be determined when the customer is transferred to the Amazon.co.uk or Red Letter Day webpage and the Timto Website User is referred to the Terms and Condition of Amazon.co.uk and redletterdays.co.uk in that regard.
13.0 Access to Website
13.1 We do not warrant or represent that access to the Website will be available at any time. We reserve the right at any time to suspend provision of any Service for the purposes of repair, maintenance or support without notice and for any reason. You acknowledge and accept that access may not be possible or may be delayed due to excessive use or demand, technical or other reasons.
13.2 We reserve the right at any time and at our absolute discretion to suspend provision of any Service without advance notice :-
i) if we believe or suspect that any of the information or material posted by the Host or any other party on the Birthday Fund Page infringes the copyright, trade mark or any other right of any third party, or is in any way unlawful, or
ii) if we believe or suspect that any of the information on the Birthday Fund Page is likely to lead to any third party instituting or threatening legal proceedings against the Host or us, or
iii) if we believe or suspect that the Host is in breach of his/her obligations as set out in these Terms and Conditions or otherwise, or
iv) if we believe or suspect that the Website is being used for any illegal or unlawful purpose.
13.3 If we discover that any Birthday Fund Page is in breach of Clauses 13.2 above we will remove it immediately without notice. We will use reasonable endeavours to forward any e-certificates or gift cards to the Host's address net of our Closing Admin Fee unless the Host is in breach of Clause 13.2(iv) and we are advised under law not to do so in which case they will be held pending confirmation by the Third Party. In any event, this contract will be terminated with immediate effect in the event that clause 13.2 applies.
14.0 Security
Security is a priority for us and we realise it is a major issue for people purchasing on the Internet. We understand that you need to know that a website is legitimate and that transactions are secure before you buy. When you place an order with us, details relating to financial transactions will be entered into a webpage(s) that is securely hosted by PayPal (Europe) S.à r.l. & Cie, S.C.A.. This organisation is PCI Complaint (https://www.pcisecuritystandards.org/) and adopts the latest security measures to ensure all payments and personal information is processed safely. In the event any personal or financial information is transferred from our site to any other website, we will encrypt the data using an SSL Certificate to ensure its safety. Where possible, such details will be anonymised for the purposes of storage.
None of our employees or our suppliers will view your confidential card details when entered online.
By using our online service, you accept any security risks and will not hold us responsible for any breach of security, unless you can prove that this is due to our negligence or wilful default. We are not responsible for third parties or their actions except as authorised by us in writing.
15.0 Licence And Intellectual Property: TIMTO LTD (timto.co.uk)
15.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
(i) no documents or related graphics on this Website are modified in anyway;
(ii) no graphics on this Website are used separately from accompanying text; and
(iii) any of our copyright and trade mark notices and this permission notice appear in all copies.
15.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation corporate logo, trading name, brand identity, photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 15.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
15.3 Subject to clause 15.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
15.4 Any rights not expressly granted in these terms are reserved.
15.5 You accept that any breach of this clause 15 may not be remedied by damages alone and you acknowledge that we reserve the right to apply for an injunction or any other form of legal or equitable relief in the event of a breach.
HOST INTELLECTUAL PROPERTY
15.5 The Host warrants that it is the owner of any intellectual property rights existing in the description of the Birthday Fund page and any photographic images in respect of material submitted for the Birthday Fund page. In agreeing to these Terms and Conditions, the Host irrevocably grants to us, our sub-licensees, customers and other users of the Website a royalty-free perpetual, non-exclusive licence to reproduce, adapt, publish, translate and distribute his/her material in whole or in part worldwide, subject to our obligations under the Data Protection Act 1998 (Refer to Privacy Policy).
15.6 The Host will make and keep back-ups of his/her material, and the Host accepts that he/she is responsible for the restoration of any of that material which is lost or spoiled.
16.0 HOST and CONTRIBUTOR Conduct
16.1 You are prohibited from posting or transmitting to or from this Website any material:
(i) that we, in our absolute discretion, consider to be threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(ii) for which you have not obtained all necessary licences and/or approvals;
(iii) which we, in our absolute discretion, consider constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(iv) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
16.2 You may not misuse the Website (including, without limitation, by hacking).
16.3 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 16.1 or 16.2.
17.0 Cookies
On occasion, we may gather information about your computer for our services and to provide statistical information regarding the use of our Website to our advertisers.
Such information will not identify you personally. It is statistical data about our visitors and their use of our site. This statistical data does not identify any personal details whatsoever.
Similarly to the above, we may gather information about your general internet use by using a cookie file. Where used, these cookies are downloaded to your computer automatically. This cookie file is stored on the hard drive of your computer as cookies contain information that is transferred to your computer's hard drive. They help us to improve our Website and the service that we provide to you.
All computers have the ability to decline cookies. This can be done by activating the setting on your browser which enables you to decline the cookies. Please note that should you choose to decline cookies, you may be unable to access particular parts of our Website.
Our advertisers may also use cookies, over which we have no control. Such cookies (if used) would be downloaded once you click on advertisements on our Website.
18.0 Customer Service
The contact details for Timto Ltd are located at the beginning of the Terms and Conditions.
19.0 Termination
19.1 The Host may at any time decide to close a Birthday Fund Page and/or their Account in which case we will pay the total value of the fund less a 10% or £10 administration fee, whichever is greater. The Birthday Fund less the administration fee will be converted into Gift Certificates of equal value. The type of Gift Certificates will be determined by Timto Ltd.
19.2 A party will be entitled to terminate this Agreement on immediate notice if:-
(i) The other is in breach of this Agreement to a material extent and fails to repair the breach within 14 days of being notified of the breach (if it is capable of being repaired); or
(ii) The other party is bankrupt or insolvent, in a voluntary arrangement, in liquidation or administration or has ceased business or threatened to cease business.
(iii) We will be entitled to terminate with immediate effect by giving you written notice if you are in breach of Clause 13.2.
19.3 Subject to Clause 13.2 (iv) you will be sent the total sum of Birthday Funds collected on your behalf less any Closing Administration Fee.
20.0 Disclaimer
20.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
20.2 The material on this Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
21.0. Our Liability
21.1 TO THE EXTENT PERMITTED BY LAW THE FOLLOWING CLAUSE STATES OUR ENTIRE LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR IN ANY OTHER WAY, FOR ALL AND ANY DEFECTS, DEFICIENCIES AND ERRORS IN THE SERVICE PROVIDED UNDER THIS AGREEMENT.
21.2 We will indemnify you against any liability for the death or personal injury arising out of our negligence or that of our employees or sub-contractors.
21.3 We will not be liable to you for any acts and/or omissions including those of our employees or sub-contractors for any special indirect or consequential loss, damage to, injury, costs or expenses of any kind including without limitation loss of profit even if such a loss was reasonably foreseeable or you had advised us of the possibility of your incurring such loss.
21.4 Subject to this Clause 21.0, our total financial liability to the Host under this Agreement will be limited to the value of the Birthday Fund held in the Trustee Account on behalf of the Host. We shall have no liability in respect of the Contributor.
21.5 We will in any event not be liable to you or any third party for any loss, claims or damages that may arise howsoever caused.
22.0 Privacy and Data Protection
Please read our Website Privacy Policy for privacy and data protection information.
23.0 Nature of the Agreement
23.1 If we choose not to take up any right of action at any time then this will not prevent us from taking action on the same or similar point at another time.
23.2 This Agreement is personal to you and you are not entitled to assign, or pass this agreement to a third party without our prior written permission which will not be withheld unreasonably.
23.3 No party will be regarded as in breach of these terms and conditions if the failure is as a result of a circumstance beyond that party's reasonable control (Force Majeure). If the Force Majeure continues for a period of one week or more both parties will discuss ways in which to alleviate the situation or if this is not possible to terminate the contract, without either party sustaining any financial liability other than to pay all outstanding Birthday Funds that have been collected up to the date of termination (less the payment of any Closing Admin Fee).
24.0 Governing Law And Jurisdiction
24.1 These terms and conditions shall be governed by and construed in accordance with the law of England and Wales. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English and Welsh courts.
24.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
25.0 Notices
Any legal notices must be given in writing either by hand, by first class post, or by facsimile transmission provided that there is a transmission sheet showing that the transmission was properly transmitted to the correct number. Post will be judged to have arrived 2 days from date of posting. Notices sent by other means will be received immediately.
Any other notice may also be sent by e-mail. E-mails will be deemed to have been received within 60 minutes of having been sent, provided that no error message is received by the sender.
26.0 Changes
We may amend these Terms and Conditions at any time, giving you notice by posting the amended Terms and Conditions on the Website. Any amended Terms and Conditions will govern new user registrations from the date that they are posted on the Site. Existing users will be bound by the amended Terms and Conditions after the expiry of 30 days following the date of such notice. No other amendment to these Terms and Conditions will be effective.
27.0 Definitions
Unless the context requires otherwise:
(i) "Registration Form" means the form to be filled in by the Host and/or Contributor which may be found on the Website;
(ii) "Closing Admin Fee" means £10 or 10% of the total amount of Birthday Funds collected whichever is the greater amount.
(iii) "Birthday Fund" means the money collected on behalf of the Host and held by us until redeemed;
(iv) "Birthday Fund Page" means the page on the website where the Host may promote his/her wish list, personal details (e.g. birthday party details) and fund-raising activity;
(v) “Wish List” means the items the Host and/or Host’s child would like to purchase from the money collected in the Birthday Fund;
(vi) “Good Causes” means a non profit marking entity. The good cause will be specified by the Host and can be one of many organisations, e.g. charities, society, clubs, School PTA’s etc.
(vii) “Completion of a birthday fund” means the point at which the Host instructs Timto to transfer the value of the fund into gift certificates, vouchers or gift cards in addition to a donation to a good cause.
(viii) "WebPage Content Rules" means that information published on a ‘Birthday Fund Page’ or ‘Host Account Profile’ must not be pornographic, obscene, offensive, indecent, abusive, menacing, unlawful, blasphemous, an invasion of privacy, an infringement of Intellectual Property Rights or of any Data Protection legislation or principle, defamatory, a malicious falsehood or seditious libel, a contempt of court, or anything which is likely to incite or capable of inciting violence, racial hatred, sadism, cruelty, or which encourages any unlawful or illegal act or omission, or which is misleading, or cause annoyance, inconvenience or needless anxiety, or which is potentially damaging or harmful.
(ix) "Website" means the website owned by us where the Host will be allocated space to promote the Birthday Fund Page strictly on the terms and conditions set out in this Agreement, and our standard Website Terms and Conditions.
(x) "Website Terms and Conditions" means the terms and conditions published on our website as amended from time to time (and provided you are notified of any amendments to such terms). In the event of any dispute between these terms and those of the Website Terms and Conditions then the Website Terms and Conditions will take precedence.
(xi) “Trustee Account” means a bank account which requires the authority of the trustee to access the funds. The money in the Trustee Account is ring fenced and separate from the bank accounts of Timto Ltd
(xii) “Timto Account” means a personal account you have with Timto Ltd (Join). The Timto Account provides you with the ability to create and manage Timto Birthday Funds. To register for an account you must complete the Registration Form.
(xiii) “Timto Birthday Fund”. Please refer to definition for Birthday Fund in this Section 27.0.
(xiv) “Third Party” means a retail merchant associated with Timto Ltd, which offer goods and services to Hosts. For example: gift certificates, gift cards, e-certificates, e-vouchers and paper vouchers.
(xv) “Timto Shop” means the online catalogue located on timto.co.uk. The catalogue contains products that are sourced from Amazon.co.uk and redletterdays.co.uk.
(xvi)“Website User” means any person that accesses the timto.co.uk website. A Website User is not necessarily a Host or Contributor.
(xvii) “Payment Service Provider” means an online merchant that processes electronic payments by a variety of payment methods, including credit and debit cards.
(xviii) “Goods” means gift certificates, gift cards, electronic certificates/e-certificates, electronic vouchers/e-vouchers and vouchers. The Goods are distributed by Timto Ltd or our associated business partners (e.g. Red Letter Days).
(xix) “Costs Page” means the page on the Website which details the costs associated with using the timto birthday service, for both the Host and Contributor. For more information refer to Costs.
