Terms & Conditions
The BuyABrickForUs Terms & Conditions describe what BuyABrickForUs offers to you in services, and what is expected of Gift List Owners and buyers using our services.
We are based in the UK, and our terms & conditions apply in all countries where our services are available.
An overview of the main points of our terms are as follows:
- Gift Donations: We own, operate & maintain BuyABrickForUs as a website that that processes direct monetary gifts given via the symbolic gesture of virtual gift-giving, on behalf of Gift List Owners who have signed up & agreed to these terms. For providing and maintaining this service and its associated support, a transaction fee of up to 5% (or as otherwise defined in a Gift List Owner’s account details) is applied per transaction, taken before the payment is passed directly to the Gift List Owner. As these payments are made directly and we never touch or otherwise process them either through online or offline payment processing facilities, we regret that we cannot offer refunds under any circumstances on Gift List purchases.
- Behaviour: Please remember that BuyABrickForUs is for everyone to use, including your friends and family. We will take action to permanently remove offensive, obscene, prejudiced or bigoted content found on BuyABrickForUs, and will terminate memberships responsible for such content at our discretion. Please take care that any content you upload does not infringe anyone else’s copyright or intellectual property.
Our terms & conditions are outlined in full below:
BuyABrickForUs is a trading name of Very New Media, owners and developers of the BuyABrickForUs service. BuyABrickForUs operates www.buyabrickfor.us, www.buyabrickforus.com and all other associated domains that ultimately resolve to this service (the “Website”) and associated products & services. These core terms and conditions (herein refered to as the “terms and conditions”) govern your use of the Website and its associated services. Please read these terms and conditions carefully. If you do not wish to be bound by these terms and conditions, you should not continue to use or access the Website or its associated services.
These terms and conditions are subject to change and may be updated occasionally. It remains your responsibility to access and check these terms and conditions whenever you access the Website, through whatever means. The latest version of these terms and conditions will govern any future usage by you of the Website and its associated services from that point forward.
The Website services and BuyABrickForUs Gift Lists
The Website and its associated services allows you to create a Gift List to raise funds, or donate to said Gift Lists, for any of the virtual Gift Lists available on the Website (herein referred to as “Gift Lists”), owned by individuals who have signed up to the Website and created a Gift List (herein referred to as “Gift List Owners”). Every Gift List Owner has a contractual agreement with BuyABrickForUs agreed upon at the point of account creation, wherein they authorise us to publish and display a Gift List representing them and their private fundraising, and to raise funds wherein we receive a transactional fee per purchase made on their behalf. Gift Lists are available & accessible on the Website at our discretion; however we cannot accept responsibility for the activities of the Gift List Owners, nor the content of their Gift List. As someone making a purchase from a Gift List (herein referred to as the “Buyer”), you should read the description of the Gift List carefully and be happy that they are both genuine and operated by the Gift List Owner to which you intend to send your monetary gift directly (herein referred to as “Gifts”). Different Gift Lists and Gift List Owners may have similar names and/or web addresses (herein referred to as “URLs”): it is your responsibility to check that you are giving your Gift to the Gift List Owner you intended to.
When purchasing Gifts from a Gift List, your payment card account (or other payment method available on the Website) will be charged at the moment of purchase. At that point, the appropriate transaction fee for BuyABrickForUs is calculated and transferred to us; the remainder is paid directly to the Gift List Owner via the service they defined at the point they created their Gift List. As such, no refunds will be provided, subject to applicable local laws, as BuyABrickForUs never received the full value of the transaction in any way. If you do not agree to this, you should not use the Website to make purchases via Gift Lists or give Gifts to to Gift List Owners.
On occasion, Gift List Owners may not pass identity verification or other necessary checks with their external payment provider; or there are other reasons that we are unable to transfer funds raised from their Gift List directly to them. In those circumstances, you should be made aware via on-screen message prior to purchase that we will be unable to fulfil the transaction and you may not be able to continue with the purchase. However, this cannot be guaranteed in all circumstances, and it is up to the Gift List Owner to ensure that their external payment provider accounts are up to date and have no outstanding issues that may delay or prevent them from receiving their gift donations. BuyABrickForUs cannot be held responsible or liable for these circumstances or losses that occur to either Buyers or Gift List Owners as a result thereof.
Use of your Gifts
BuyABrickForUs does not and cannot guarantee that money raised for Gift List Owners via the BuyABrickForUs service will be used for any particular purpose, stated or otherwise; and we shall not be responsible or liable for any dissatisfaction you may have regarding the Gift List Owner’s use of any payments you may make through the Website and transferred to them; or for any misuse or non-use of such by the Gift List Owner. After Gifts are purchased via a Gift List, all further dealings regarding said Gifts are strictly between the Buyer and the Gift List Owner and BuyaABrickForUs shall be indeminfied of all responsibility.
Please note that Gift List Owners may use Gifts for their own private purposes; the conditions of which they are not required to provide to us, nor make public. All money raised for Gift List Owners via their Gift List may be used for any purpose, stated or otherwise, or differing from any stated purpose, as private recipients. BuyABrickForUs cannot guarantee that Gifts will be earmarked for any particular purpose. If you have any doubts or queries about how money raised and donated to Gift List Owners will be used, we advise that you contact the Gift List Owners directly before making any purchase via the Website.
BuyABrickForUs (or any external payment providers & platforms we integrate with) will verify the identity of a Gift List Owner and undertake any other necessary checks before any funds raised are transferred to the Gift List Owner. BuyABrickForUs shall have no liability to Buyers whatsoever for any use or misuse of money raised via the Website.
BuyABrickForUs charges a small transaction fee on every purchase made via Gift Lists available on the Website or its associated services. The fee is currently up to 5% of the gross value of the purchase (though this figure is subject to the Gift List Owner’s account and any other circumstances or arrangements between BuyABrickForUs and the Gift List Owner). Purchases are also subject to third-party payment processing fees, applied externally to the BuyABrickForUs service.
When you make a donation the transaction is final and not disputable unless unauthorised use of your payment card or other payment method is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules.
BuyABrickForUs will never email or phone you to ask you to provide your payment details.
Protecting your account
When you register with BuyABrickForUs and you are granted a password to protect your account, you are responsible for maintaining the confidentiality of your password to prevent others gaining access to your personal information, or indirectly access your payment provider accounts. If you become aware of any unauthorised use of your account, we recommend that you change your password and contact support immediately.
BuyABrickForUs is not an accounting, taxation or financial advisor, and you should not rely on information given on the Website or its associated services to determine the accounting, tax or financial consequences of either purchasing Gifts via any Gift List; or the Gift totals provided in your account or via email. Any totals provided are done so as a courtesy and should be treated as an estimate – always consult your own payment provider accounts and bank accounts before relying on totals provided by the Website. We strongly recommend that you consult your own adviser(s) about any accounting, taxation or financial consequences that may affect you.
As either a Gift List Owner or Buyer (or both), you must, at all times, use the Website and its associated services in a responsible and legal manner and ensure that the content you provide does not breach any intellectual property rights of a third party or breach any right or duty owed to a third party. In particular, but not exclusively:
- You must not upload offensive, obscene, prejudiced, bigoted, defamatory, misleading or deceptive content, including photographs, on to the Website or its associated services. BuyABrickForUs does not actively edit the Website but reserves the right to remove or edit any content posted on the Website or its associated services at its sole discretion and without notice, regardless of whether or not it is, in the opinion of any third party, offensive, obscene, prejudiced, bigoted, defamatory, misleading, deceptive or otherwise inappropriate. If you notice any such content, please contact support.
- If you create a Gift List on BuyABrickForUs, you must ensure that any information you provide to the public is accurate and not misleading. It is your responsibility to ensure that the content you are uploading on your page, in particular any pictures, photographs and written content, are not copyright-protected. If any content is protected by copyright, you must obtain the copyright owner’s written consent to use it. BuyABrickForUs reserves the right to remove any content from Gift Lists at its sole discretion and without notice if the copyright status of the content therein is in any doubt. If you suspect a breach of copyright on the Website, please contact support.
- Other than in relation to your own Gift List, you may not remove or change anything on the Website.
In addition, you as a Gift List Owner or Buyer must not:
- Misrepresent your identity or affiliation with any other person, organisation, event or other affiliation;
- Use the Website to send junk email or ‘spam’ to people who do not wish to receive email from you;
- use the Website to conduct, display or forward surveys, pyramid schemes or chain letters;
- use the Website to conduct, display or forward raffles, lotteries or contests, nor imply any kind of reward for purchases made via a Gift List;
- interfere with, or disrupt, the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to the BuyABrickForUs systems; or
- disclose any information relating to any donor except with the consent of the donor or as permitted by applicable local laws.
BuyABrickForUs reserves the right to cancel your membership and delete any BuyABrickForUs page without notice in the event of a breach of the above rules. BuyABrickForUs may also suspend or delete a Gift List if the Gift List Owner is no longer reachable or contactable via any means deemed necessary by BuyABrickForUs.
Creating a Gift List using the BuyABrickForUs service in no way implies endorsement by BuyABrickForUsfor said Gift List or Gift List Owners. BuyABrickForUs reserves the right, at its absolute discretion and without notice, to close and/or permanently remove any Gift List; and suspend and/or permanently delete any Gift List Owner accounts we feel contravene any of our terms or policies.
The Website and its associated services may contains links to other websites. Inclusion of a link to another website does not imply endorsement of its content or opinions. Your relationship and any transactions with other people or organisations through their websites or otherwise are your own responsibility.
BuyABrickForUs may from time to time select partners offering relevant information and services that we believe will enhance our provision for visitors to the Website. Whilst we will do our best to select partners of the highest integrity, we are not responsible for any aspect of the information or services offered by them, and if you choose to use their services you do so at your own risk.
The names BuyABrickForUs, BuyABrickFor.Us & BuyABrickForUs.com, the BuyABrickForUs logo and any other product and service names that we may present on the Website or its associated services from time to time may not be used in connection with any product or service that is not BuyABrickForUs’s, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit BuyABrickForUs. Other trademarks, service marks or logos that appear on the Website or its associated services, in particular (but not exclusively) those of payment providers, card services & banks or other organisations, are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both BuyABrickForUs and the trademark owner.
All content on the Website and its associated services is owned by BuyABrickForUs, Gift List Owners, or other original providers, and is protected by the applicable intellectual property and proprietary rights and laws. You may copy content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trademark or other proprietary notice, and that your usage complies with any requests you may receive from any person with rights in that content. No other use of the Website’s and its associated services’ content is permitted without the express prior permission of BuyABrickForUs, and, where applicable, the copyright holder.
By visiting or using the Website or any of its associated services, you agree not to (and not to use any tool, program, script, browser extension or other technique, including bots, robots, spiders and scrapers and any similar tools or methods, in order to): (i) copy (except as authorised by these terms and conditions), mirror, frame, index, scrape, mine or otherwise gather or extract any of the content or data from the Website or its associated services; or (ii) sell or distribute any data which is gathered or extracted in breach of these terms, or which is based on or derived from any such data. BuyABrickForUs may take any measures it sees fit to block access to the Website and its associated services where it believes that these terms have been or will be breached. You agree that you will not take any steps to try to circumvent these measures and that you will not take any steps to mask your IP address. You acknowledge and agree that where there is any actual or threatened breach of these terms, damages may be an inadequate remedy and BuyABrickForUs shall be entitled, without prejudice to any other rights and remedies it may have, to seek an injunction or any other equitable relief for such breach. BuyABrickForUs may also request that you destroy any data you have gathered or extracted in breach of these terms and you agree that you will comply with such request promptly and certify the same.
Changes to the service
BuyABrickForUs will make every effort to ensure that the Website and other services are available continuously, but reserves the right to modify, suspend or discontinue all or any part at any time with or without notice. Unless specifically exempted, any new features, services or software applications introduced shall be subject to these terms and conditions. BuyABrickForUs reserves its right to remove inactive Gift List pages from the Website and other services; and suspend and/or delete inactive Gift List Owner accounts at its own discretion.
Failure to comply with these terms and conditions
In the event that you commit a breach of these terms and conditions BuyABrickForUs reserves the right at its sole discretion to immediately and without notice suspend or permanently deny your access to all or part of the Website and associated services.
You may discontinue use of the Website and associated services at any time. These terms and conditions will continue to apply to past use by you.
Disclaimer and Limitation of Liability
BuyABrickForUs does not, and nothing in these terms and conditions shall act to, exclude or limit BuyABrickForUs’s liability for death or personal injury resulting from its negligence, fraud or any other liability which may not by applicable law be excluded or limited. You agree that your use of the Website and its associated services is on an “as is” and “as available” basis and that your use of the Website and its associated services is at your sole risk. BuyABrickForUs does not guarantee continuous uninterrupted or secure access to our services and operation of the Website and associated services may be interfered with by numerous factors outside of our control. On that basis, except as expressly set out in these terms and conditions and except for the rights, guarantees and remedies which cannot be excluded, BuyABrickForUs does not provide other conditions, guarantees, warranties or terms in relation to the Website or its associated services, to the extent permissible by law. BuyABrickForUs shall undertake general maintenance and upkeep of the Website, usually at the times set out in the applicable country specific terms, from time to time. During these periods, the Website and its associated services may not be available for use. In exceptional circumstances, the Website and associated services may also become unavailable at other times.
BuyABrickForUs shall only be liable under these terms and conditions for losses which are reasonably foreseeable and caused by BuyABrickForUs’s breach of these terms and conditions or BuyABrickForUs’s negligence. BuyABrickForUs’s total liability to you arising under or in connection with these terms and conditions, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed the total sum of the donations you have made using the Website in the preceding 12 month period, ending on the date the circumstances giving rise to BuyABrickForUs’s liability arose.
Any liability BuyABrickForUs may have to you shall not include losses relating to any business of yours or your own losses such as lost or corrupt data, loss of profits, loss of contracts, loss of business opportunity, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, loss of or waste of management or other staff time.
BuyABrickForUs may change the format and content of the Website and its associated services from time to time. You should refresh your browser each time you visit the Website to ensure that you are looking at the most up to date version of the Website, including the latest version of these terms and conditions.
Nothing in these terms and conditions excludes any statutory rights which may apply to your use of the Website and associated services which cannot be excluded, restricted or modified by contract.
These terms and conditions and any contractual or non-contractual dispute arising out of or in connection with your use of the Website or the associated services are governed by the law, and subject to the jurisdiction of the courts of, the country set out in the country specific terms.
Third party rights
A person who is not a party to these terms and conditions has no right to enforce any term of these terms and conditions.
All payments referred to in these terms and conditions are exclusive of Value Added Tax, where applicable.
Disclaimer and Limitation of Liability
The times at which BuyABrickForUs shall undertake general maintenance and upkeep of the Website will usually be between 12.00am and 08.00 hours (GMT) at the weekends. However, there can be no guarantee as to the exact date and time whereby the Website may be unavailable due to required maintenance. BuyABrickForUs will endeavour to notify Gift List Owners in advance of any prolonged downtime anticipated as a result of required maintenance to the Website, but reserves the right to do so at our sole discretion and perform maintenance that, by requirement, may limit or disable access to the Website for the duration.
These terms and conditions and any contractual or non-contractual dispute arising out of or in connection with your use of the Website or the associated services are governed by English law and are subject to the non-exclusive jurisdiction of the English courts.
Support and Purchase Acknowledgements
BuyABrickForUs will attempt to send prompt email acknowledgements to Buyers and Gift List Owners in respect of each Gift purchased on any Gift List page via the Website, but cannot be held responsible or liable for any lack of communication as a result of negligence by either the Gift List Owner or Buyer when providing contact details; system outages at the point of receipt which may slow or prevent communication; the filtering of emails from BuyABrickForUs as ‘spam’ or ‘junk’ or any other form which may directly or indirectly result in communication not being received; or system outages or other mitigating circumstances at the point of delivery by BuyBrickForUs’ communication providers.
- Capture personal information including, but not limited to: the Buyer’s name, title, address and email address (“Personal Information”) at all times in accordance with the Data Protection Act 1998 and related legislation, regulatory requirements and guidance as updated and amended from time to time (“Privacy Laws”) and protect and secure such information. For the avoidance of doubt this paragraph does not imply that BuyABrickForUs will share such information with you and/or the Gift List or Gift List Owner directly;
- Capture personal information including, but not limited to: The Gift List Owner’s name, title, address, email address, phone number, date of birth and other applicable personal information as required to create a valid payment account for the Gift List Owner in accordance with applicable laws and financial regulations;
- Not sell, trade or rent Personal Information to third parties.
- BuyABrickForUs will comply at all times with all applicable laws relevant to any authority, licence, permit or registration requirements, as amended from time to time; and
- BuyABrickForUs may, at its sole discretion, evaluate any Gift List and/or Gift List Owners and decide whether or not to continue to host the Gift List and/or provide access on the Website.
BuyABrickForUs, as operator of the Website and associated services, acts as an intermediary between Gift List Owners and the individual users of the Website and associated services and, whilst the Gift List Owner’s and the individual user information resides on the Website or associated services, BuyABrickForUs does not check or exercise any editorial control over the content of such information, save as required by applicable laws. In the event that BuyABrickForUs is made aware of or has knowledge of any unlawful activity or information on the Website or associated services, BuyABrickForUs shall act to remove or disable access to the information. BuyABrickForUs shall not be liable to you as a result of its role as intermediary.
Licence of Trademark and Copyrighted Material
You hereby grant to BuyABrickForUs, its affiliates and its partners a non-exclusive licence to use any of your Gift List’s trademarks and any copyrighted material on your page (including images and videos or any link to the same) solely in connection with the Website and associated services and its operation and promotion and for no other purpose whatsoever.
The licence shall terminate automatically on expiry or termination of these terms and conditions or the removal of your Gift List from the Website in accordance with these terms and conditions.
In consideration of using the Website and associated services, you shall pay a transaction fee (herein referred to as the “Transaction Fee”) to BuyABrickForUs of up to 5% of the gross amount of every purchase; or a percentage of the gross amount as otherwise defined as per your account membership type, or as otherwise agreed with BuyABrickForUs via the use of coupons and/or the manual setting of the Transaction Fee, which is available to view via your My Account page. The Transaction Fee includes a Managed Account fee for providing payment provider account management (via Stripe or another payment service provider we may use at any point in the future) on behalf of the Gift List Owner; but does not include the card processing fee as applied directly by the payment provider. As of June 2017, card processing fees are charged at 1.4% of the gross amount of the purchase + 20p for European cards (and 2.9% + 20p for non-European cards). For example: the total fees on a UK purchase on a Gift List created with a free ‘Nice’ account for a value of £10.00 would be (5% + 1.4% + 20p) = 84p. The card processing fees cannot be in any way affected or changed by BuyABrickForUs.
BuyABrickForUs is, subject to applicable laws, hereby authorised to deduct the transaction fee together with applicable taxes and payment processing charges from the donations provided to you under these terms and conditions.
Disclaimer and Limitation of Liability
Notwithstanding the provisions of the “Disclaimer and Limitation of Liability” section of the core terms and conditions, BuyABrickForUs’s total liability to you arising under or in connection with these terms and conditions, so far as such liability arises out of or relates to your creation and/or use of a Gift List, shall be limited to the total fees paid by you to BuyABrickForUs under these terms and conditions for your use of the Website and associated services during the preceding 12 month period ending on the date the circumstances giving rise to the liability arose.
During the active period of your Gift List and for a period of one (1) year thereafter, the parties shall treat as strictly confidential all information about the other which has been acquired as a result of the use of the Website and associated services and which is not in the public domain. No party shall use or disclose to any third party such information belonging to the other party without that party’s prior written consent, except where required to do so by applicable law, including, without limitation, the Freedom of Information Act 2000 and the Environmental Information Regulations 2004, or regulatory or governmental body. This paragraph shall survive termination of these terms and conditions.
BuyABrickForUs reserves the right, at its sole discretion, to immediately and without notice suspend or permanently deny your access to all or part of the Website and associated services, including for example by removing any Gift List from the Website; and suspending and/or permanently deleting any Gift List Owner accounts. BuyABrickForUs will only exercise this right where there is a breach or suspected breach by you of these terms and conditions (including where there is any actual or suspected fraudulent, criminal or improper use of the Website or associated services) or where BuyABrickForUs has any other legitimate reason to do so. These terms and conditions shall terminate automatically upon the removal by you or BuyABrickForUs of your Gift List from the Website. These terms and conditions will continue to apply to past use by you.
Upon termination or suspension or denial of access to the Website and associated services, funds already received on your behalf by BuyABrickForUs will be handled in accordance with the provisions above, provided that any potential payment (where applicable) may be delayed where BuyABrickForUs or the payment provider which which you have agreed additional terms, conducts an investigation regarding your use of the Website and associated services; and said payment provider may decide to refuse to pay funds across to you where you have breached these terms and conditions or the payment provider’s terms and conditions. In such circumstances, refunds of purchases to the respective Buyers may be authorised.