Terms and Conditions

Last updated: 9 May, 2024

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using GimmeThat, the browser extension and website (the "Service") operated by Jackdaw Holdings Ltd, UK company SC782542 ("us", "we", or "our").

GimmeThat is a universal wishlist that lives right in your web browser. It's a browser extension that lets you save anything you want to buy from any store worldwide. GimmeThat may monitor the store web-pages of wishlist products on your behalf and notify you of changes to products, such as price or availability.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Free Trial

We currently do not charge for the Service by offering our users a free trial for an unlimited period of time ("Free Trial"), as long as they have a valid account with us and act in accordance with these Terms. Should we decide to terminate or limit the Free Trial period, we will notify you in advance of the expiry of the Free Trial period.

You will not be charged for the Service by Jackdaw Holdings Ltd until the Free Trial has expired. On the last day of the Free Trial period, unless you close your account, we will ask you to confirm to us if you would like to receive the Service that is billed on a subscription basis (“Subscription(s)”) and we will ask you to enter your billing information.

At any time and without notice, Jackdaw Holdings Ltd reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing Cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Jackdaw Holdings Ltd cancels it. You may cancel your Subscription renewal through your account management page.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Jackdaw Holdings Ltd with accurate and complete billing information including full name, postal address, telephone number, and valid payment method information. By submitting such payment information, you automatically authorise Jackdaw Holdings Ltd to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Jackdaw Holdings Ltd will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

All prices include VAT, if applicable.

Fee Changes

Jackdaw Holdings Ltd, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Jackdaw Holdings Ltd will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to cancel your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Content

Our Service allows you to add products you would like to buy from stores across the Internet and create your “wishlist”, so you may add your chosen content to the wishlist, including product name, product image url and thumbnail, store page url, price and other related information ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and licence to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

As part of our Service you authorise us to check on your behalf some web-pages at online stores based on the Content that you upload to your account, including checking for price or availability changes to any products you might have added to your account as your Content. We will notify you of these changes via the Service and/or by email address. You may change your preferences about being contacted by email at any time from your account management page. The Service is not a robot web crawler but instead acts in the same way you (or another human user) would when checking an product’s store page.

We cannot guarantee the accuracy of the Content that you add to our Service, or that of product price or availability changes observed by the Service. As such, please check the actual online store page for complete up to date details in relation to each product on your “wishlist” by following links.

We reserve the right to remove any products from your “wishlist” that are, in our opinion, in breach of these Terms or are otherwise inappropriate.

Accounts

An account is required to use our Service.

You may not create an account if you are under 18 years of age. If you are under 18 years of age you may not use our Service.

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate closure of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

Any personal information provided in your account will be collected, used and held in accordance with the Data Protection Laws and our Privacy Policy and Cookie Policy.

If you wish to close and delete your account, you may do so at any time from your account management page. Closing your Account will result in the deletion of your personal information.

Acceptable Usage Policy

You may only use our Service in a manner that is lawful. You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations. You must not use our Service in any way, or for any purpose, that is unlawful or fraudulent.

You must not use our Service to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data or any kind.

You must not use our Service in any way, or for any purpose, that is intended to harm any person or persons in any way.

The following types of user Content are not permitted and you must not create, submit, communicate or otherwise do anything that is sexually explicit, obscene, deliberately offensive, hateful, or otherwise inflammatory, promotes violence, promotes or assists in any form of unlawful activity, discriminates against, or is any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age, is intended or otherwise likely to threaten, harass annoy, alarm, inconvenience, upset, or embarrass another person, is calculated or otherwise likely to deceive, is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy, misleadingly impersonates any person or identity or affiliation, implies any form of affiliation with us where none exists; infringes intellectual property rights or is in breach of any legal duty, including contractual duties and duties of confidence.

We reserve the right to suspend or close your account, our Service and your access if you materially breach the above provisions. Specifically, we may take one or more of the following actions:

• Suspend or close your account and your right to access our Service;
• Remove any of your user Content;
• Issue you with a written warning;
• Take legal proceedings and any further legal action;
• Disclose information to law enforcement authorities, as necessary;
• Any other actions we deem reasonably appropriate and lawful.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Jackdaw Holdings Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Jackdaw Holdings Ltd.

When you upload content, you give to Jackdaw Holdings Ltd a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and Jackdaw Holdings Ltd business.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Jackdaw Holdings Ltd.

Jackdaw Holdings Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. We advise that you check the relevant web site’s terms of use and privacy policy.

You further acknowledge and agree that Jackdaw Holdings Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Our Service is supported by specially formatted links for which we receive a commission on resulting sales or clicks from affiliate partners (“Affiliate Links”). If you click on an Affiliate Link you will be redirected to the partner’s site and your session will be tracked using affiliate cookies.

Cancellation and Termination

Consumers (but not business customers) in the European Union have a legal right to a “cooling-off” period within which distance sales contracts, including those formed online, can be cancelled for any reason. This period, if applicable, begins once a contact is formed and ends at the end of 14 calendar days after that date.

Please note, however, that because access to our Service is made available immediately upon the registration of your account or the purchase of a Subscription, if applicable, the 14-day cooling-off period does not apply.

In lieu of the 14-day cooling-off period we offer a limited cancellation right to consumers if you have purchased a Subscription by mistake or have allowed a Subscription to auto-renew when you did not want it to be renewed. Please contact us within 72 hours of the start date of the Subscription. Please note that this option is available only if you have not used our Service that you wish to cancel. If we can trace any use of our Service during that period, you will not be able to cancel under this provision.

You may cancel at any time in the following limited circumstances and you may be entitled to a full or partial refund for the Service not provided:

• We have incorrectly described our Service or it is faulty; or
• We have informed you of an upcoming significant change to our Service that you do not agree to; or
• We have informed you of an error in the price or description of our Service / your Subscription and you do not wish to continue; or
• There is a risk that the availability of our Service may be significantly delayed due to events outside of our control; or
• We have informed you that we have suspended, or are planning to suspend, availability of our Service for a period greater than 14 calendar days; or
• We have breached these Terms or have in any way failed to comply with our legal obligations to you.

Auto-renewing our Service for next Billing Cycles can be cancelled at any time, however, no refunds can be provided and you will continue to have access to our Service for the duration of the remainder of the current Billing Cycle.

To cancel your Subscription for any reason, you may do so from your account management page.

In certain limited circumstances we may cancel your Subscription and close your account. If we take such action, you will be notified by email and we will provide an explanation for the cancellation and closure. If your account is closed and your Subscription cancelled because you have breached these Terms, you will not be entitled to a refund. If your account is closed and your Subscription is cancelled for any other reason, you will be refunded the remaining balance of your Subscription.

We may throttle or close your account if you are consuming an unreasonable proportion of our system resources, or for any other reason, including breach of our Acceptable Usage Policy section above, in our reasonable opinion.

Either party may cancel the Subscription(s) by giving the other a notice to expire at the end of the current Billing Cycle. We may, at our sole discretion, offer restricted functionality service following such termination.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Jackdaw Holdings Ltd and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall Jackdaw Holdings Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, delict (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Nothing in these Terms excludes or limits liability for personal injury, death, fraud or any other types of liability which may not be excluded by law.

Operation of Service and Changes

We make all reasonable efforts to ensure that all general descriptions of the Service correspond to the actual services that will be provided to you. There may, however, be minor variations from descriptions due to, for example, our ongoing improvements from time to time. Please note that this paragraph, however, does not exclude our responsibility for mistakes due to negligence on our part and refers only to minor variations in our Service, not to different services altogether.

We may from time to time make changes to our Service, including technical alterations, to fix an error, to address a security issue or to reflect changes in the law or other regulatory requirements. We will endeavour to inform you of any such changes, however they will be unlikely to materially affect your use of our Service.

We may continue to develop and improve our Service over time, in some cases making significant changes to it. We will take reasonable endeavour to keep you informed of any and all such significant changes.

We will try to ensure that our Service is available at all times. In certain limited cases, however, we may need to temporarily suspend availability to make certain changes. Unless we are responding to an emergency or an urgent issue, we will inform you in advance of any interruptions to the availability of our Service. If you pay for your Subscription and we need to suspend our Service for longer than 72 hours, we will add the corresponding time to the duration of your current Billing Cycle at no cost to you. If we need to suspend our Services for longer than 14 calendar days and you pay for your Subscription, you also have the right to cancel.

Exclusions

Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Jackdaw Holdings Ltd ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, delict, strict liability or any other theory or law), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Jackdaw Holdings Ltd or any person for whom Jackdaw Holdings Ltd is responsible, and even if Jackdaw Holdings Ltd has been advised of the possibility of such loss or damage being incurred.

Nothing in these Terms excludes or limits liability for personal injury, death, fraud or any other types of liability which may not be excluded by law.

Third party rights

These Terms do not give rise to any rights under the Contract (Third Party Rights) (Scotland) Act 2017 for any third party to enforce or otherwise invoke any term of these Terms.

Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with Scots law, without regard to its conflict of law provisions.

Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the Scottish courts. If you are a consumer, you may bring a claim at your country of residence within the UK.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our reasonable discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service. We advise that you check our Terms from time to time.

Privacy Policy and Cookie Policy

Your “wishlist” is private and we do not share this information publicly. We collect and process personal data in accordance with the General Data Protection Regulation (GDPR), the Data Protection Act 2018 and other applicable related data protection legislation (“Data Protection Laws”), and in line with our Privacy Policy and Cookie Policy.

Contact Us

If you have any questions about these Terms, please email us at [email protected].