Legal
Giftay terms and conditions
Giftay has two sorts of user, with different rights. Part A is for members collecting stamps. Part B is for businesses running the schemes.
Who we are
Giftay is made and operated by Neirfeno Limited. In these terms, we, us and our mean Neirfeno Limited.
| Who runs Giftay | Neirfeno Limited |
|---|---|
| Company number | SC514019, registered in Scotland |
| Registered office | 7 Thorter Way, Dundee, DD1 3DF |
| Support and data protection | support@giftay.co.uk |
| ICO registration | ZB673603 |
Read these together with our privacy policy.
Who these terms apply to
By using Giftay you agree to the general sections and to whichever part applies to you:
- Part A if you are a member — you use Giftay to find independent businesses and collect stamps or rewards. You are a consumer, and UK consumer law gives you rights that nothing here takes away.
- Part B if you are a business — you list a shop on Giftay or run a scheme through it. You are contracting in the course of a business, and consumer protections do not apply to you.
If you do both, both apply, each to the relevant activity.
Who can use Giftay
You must be at least 16. If you accept these terms for a business, you confirm you have authority to bind it.
What Giftay is
Giftay is a platform. It lists independent businesses, shows you which are near you, and keeps track of stamps and rewards on their behalf.
This matters more than it sounds. The loyalty scheme is the business's, not ours. When you collect a stamp, the promise to give you a free coffee at the tenth one is a promise made by that shop, to you. We record it. We do not make it, fund it, or guarantee it. Part A explains what happens when a business does not honour it.
Part A — for members
What you may do with the app
We give you a personal, non-exclusive, non-transferable licence to install and use Giftay on devices you own or control. We keep ownership of the app and everything in it.
Browsing Giftay is free.
Your account
You sign in with Google, Apple or Facebook. Keep control of whichever you use. Tell us at support@giftay.co.uk if you think someone has got into your account.
Stamps and rewards
Stamps and rewards are offered by the business, and the agreement to honour them is between you and that business. We record what happens; we are not a party to it.
That means:
- The business sets what a stamp is worth, what the reward is, and any conditions or expiry. It can change or end its scheme.
- If a business refuses to honour a reward you have earned, take it up with the business. Tell us as well — email support@giftay.co.uk. We will raise it with them, and we can remove a business from Giftay if it is not honouring what it offers.
- Stamps have no cash value, cannot be exchanged for money, and cannot be transferred to someone else.
- If a business closes or leaves Giftay, unredeemed stamps for it stop being usable. We are sorry when that happens, but we cannot make a closed shop serve you a coffee.
- Do not collect stamps for purchases that did not happen. Doing so is fraud against the business, and we will close your account for it.
Nothing here affects any legal right you have against the business itself.
If you buy something
Where the app offers something to buy, payment is taken by Apple or Google, not by us, and their terms govern the transaction and any refund. The price shown includes VAT where it applies.
Your right to cancel. For digital content bought in the app, you normally have 14 days to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. That right is lost once the content is delivered, if you agreed to it being delivered straight away and acknowledged that you would lose the right — which is what the Apple or Google purchase flow asks you to confirm.
If something you bought is faulty, not as described, or does not work, you have rights under the Consumer Rights Act 2015 and we will help you get it put right. Ask Apple or Google for the refund first, since they took the money; if you get nowhere, come to us.
What you post
If you write about a business on Giftay, it must be your honest experience. Do not post anything false, defamatory, abusive, discriminatory, or that identifies a member of staff in a way that would embarrass or endanger them. Do not post about a business you have not used, and do not accept payment to post.
You keep ownership of what you write. You grant us a licence to display, store and distribute it within Giftay, and to keep showing it if you delete your account. If you want a post taken down, ask us.
We may remove a post that breaks these rules or that we are legally required to remove. We do not check posts before they appear.
Using the app properly
You must not use Giftay to break the law, to get into other people's accounts, to probe or attack the service, to scrape its listings, to introduce malware, or to interfere with anyone else's use of it.
Your legal rights
Nothing in these terms affects your rights under UK consumer law. We cannot and do not exclude or limit your rights under the Consumer Rights Act 2015 in respect of digital content — that it be of satisfactory quality, fit for a purpose you made known, and as described — nor your right to a remedy if the app damages your device or other digital content because we failed to use reasonable care and skill.
For advice, contact Citizens Advice on 0808 223 1133 or at citizensadvice.org.uk.
Our responsibility to you
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or failing to use reasonable care and skill. Loss is foreseeable if it is obvious it will happen, or if we both knew it might when you started using the app.
We are not responsible for what a business does — the quality of what it sells you, whether it honours its scheme, whether its listing or opening hours are accurate, or how it treats you. Those are matters between you and it.
We do not exclude or limit our liability where it would be unlawful to do so, including for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for breach of the terms implied by section 34 of the Consumer Rights Act 2015.
Giftay is for personal use. If you use it for a business purpose we have no liability to you for loss of profit, business, or business opportunity.
Ending it
You can stop at any time by deleting the app, and have your data deleted through deleting your account. Remember that deleting removes unredeemed stamps.
We may close your account on 30 days' notice by email, with reasons. We may close or suspend it immediately, without that notice, only where you have seriously or repeatedly broken these terms — collecting stamps fraudulently, for example — where the law requires it, or where it is necessary to protect the service or other people. We will tell you why unless the law prevents us, and you can challenge it at support@giftay.co.uk.
Part B — for businesses
Listing on Giftay
You are responsible for everything in your listing being accurate and lawful, and for keeping it up to date — your address, opening hours, description, images and scheme details. You confirm you own or have the right to use every image and mark you upload.
Your listing and scheme details are shown publicly. Do not enter personal information you are not content to publish.
Your scheme is yours
You set your scheme and you honour it. You are responsible for meeting the obligations you advertise to members, for complying with consumer protection law — including the Consumer Protection from Unfair Trading Regulations 2008 and the Digital Markets, Competition and Consumers Act 2024 on misleading practices — and for making any conditions or expiry clear before somebody starts collecting.
Repeatedly failing to honour rewards members have earned is a material breach of these terms, and we will remove you from Giftay for it.
Your data protection duties
When you see a member's activity at your shop and use it for your own purposes, you are a controller of that data in your own right. You are responsible for having a lawful basis, for giving members the privacy information they are owed, and for not using their details for marketing without consent that meets the requirements of the Privacy and Electronic Communications Regulations.
What you buy
Where you subscribe or pay for a feature, the fee, term and renewal are as shown at the point of purchase, and payment is taken through Apple or Google under their terms. Consumer cancellation rights do not apply to a business purchase.
Our liability to you
Except as expressly stated and to the fullest extent the law allows, Giftay is provided to businesses as is and as available, and we exclude all implied warranties, including satisfactory quality and fitness for a particular purpose. We do not promise any level of listing visibility, any number of members, or any commercial result.
We are not liable to a business for loss of profit, revenue, business, contracts, anticipated savings or goodwill, or for any indirect or consequential loss. Our total liability to a business is limited to the greater of the fees it paid us in the 12 months before the claim, or £100.
These limits do not apply to death or personal injury caused by our negligence, to fraud, or to anything else that cannot lawfully be limited.
Indemnity
You will indemnify us against claims, losses and reasonable costs arising from your listing, your scheme, your breach of these terms or of the law, or a claim by a member about something you did — except to the extent caused by our own breach or negligence.
Ending it
You may close your business account at any time by contacting support@giftay.co.uk. Tell members with unredeemed stamps before you go.
We may end the agreement on 30 days' notice, or immediately for material breach, where the law requires it, or to protect the service or its members.
Availability and changes to the app
We aim to keep Giftay working but do not promise it will be uninterrupted or fault-free. We may update it, and may change or withdraw features. If a change materially reduces what the app does, we will tell you beforehand where we reasonably can.
Intellectual property
We own Giftay, its software, its name and its branding. Nothing in these terms transfers any of that. You may not copy the app except as part of normal use, sell or rent it, or reverse engineer it, except where the law gives you a right that cannot be excluded.
Changes to these terms
Minor changes take effect when published with a new version date. For a change that materially affects your rights we will give at least 30 days' notice by email or in the app, and you may end the agreement before it takes effect if you do not accept it.
If something goes wrong
Email support@giftay.co.uk. We aim to acknowledge within 2 working days and to resolve within 30 days. You are never obliged to use our complaints process before going elsewhere.
Governing law
These terms are governed by the law of Scotland.
If you are a member living in England, Wales or Northern Ireland, you may bring proceedings in the courts where you live or in Scotland, whichever you prefer, and you keep the mandatory consumer protections of your own nation. If you are a business, the courts of Scotland have exclusive jurisdiction.
Nothing in these terms requires you to go to arbitration.
General
Transfer. We may transfer our rights and obligations, and will tell you. You may not transfer yours without our written consent.
Third parties. Nobody who is not a party may enforce these terms under the Contracts (Rights of Third Parties) Act 1999.
Severance. If part is held invalid, the rest continues.
Delay. Not enforcing a term is not a waiver of it.
Whole agreement. These terms and the privacy policy are the whole agreement about Giftay.
Contact us
Email support@giftay.co.uk, or write to Neirfeno Limited, 7 Thorter Way, Dundee, DD1 3DF.