Terms & Conditions

BACKGROUND

These terms and conditions are effective as of May 2018 and all other documents referred to herein set out the terms on which you use this website and/or the Platform (the “Terms of Use”). Please read the Terms of Use carefully and ensure that you understand and comply with them from your first use of this website and/or the Platform. If you do not agree to comply with the Terms of Use you must stop using the website and/or the Platform immediately.

1. INFORMATION ABOUT US

Gesture is a platform operated by Gesture Group Ltd.  We are a company registered in England and Wales with company number 09927092 and have our registered office at Kemp House, 152-160 City Road, London EC1V 2NX (“Gesture”).

2. DEFINITIONS

In these Terms and Conditions, unless the context otherwise requires, the following expressions shall have the following meanings:

“We/Us/Our” Gesture
“Platform” Describes Gestures’ mobile application and website and the functionality they provide.
“gesture” Is an offer provided by one of Gesture’s business partners. This is usually in the form of some additional item, or service, on top of the Users original purchase.

3. TERMS OF PLATFORM USE

This page (together with the documents referred to on it) sets out the Terms of Use for all visitors to our web page. Many of the terms refer specifically to our retail and business partners use the Platform (you, your) for the purposes of creating a business profile in order to create and manage redeemable offers viewed by our users as well as the interaction with further functionality provided by us intended to help the business manage their account.

Please read these Terms of Use carefully before you start to use the Platform.  By using the Platform, you indicate that you accept these Terms of Use, which include the privacy policy that applies to the Platform (the Privacy Policy) and that you agree to abide by them.  If you do not agree to these Terms of Use, please refrain from using the Platform.

4. INTELLECTUAL PROPERTY RIGHTS

  1. We are the owner or the licensee of all intellectual property rights in the Platform, and in the material published on it.  Those works are protected by copyright laws and treaties.  All such rights are reserved to us and our licensors.  As a visitor to the Platform, you may download a single copy of the material for your own non-commercial, private viewing purposes only.  No copying or distribution for any commercial or business use is permitted without our prior written consent.
  2. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  3. Our status (and that of any identified contributors) as the authors of material on the Platform must always be acknowledged.
  4. If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  5. Gesture is a trade mark belonging to or controlled by us and which may be registered in certain jurisdictions. All other trade marks used on the Platform are the property of their respective owners.

5. ACCEPTABLE USE

  1. You may use the Platform only for lawful purposes. You may not:
    1. use the Platform:
      1. in any way that breaches any applicable local, national or international law or regulation;
      2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
      3. for the purpose of harming or attempting to harm minors in any way;
      4. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content policy below;
      5. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
      6. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
    2. access without authority, interfere with, damage or disrupt:
      1. any part of the Platform;
      2. any equipment or network on which the Platform is stored;
      3. any software used in the provision of the Platform; or
      4. any equipment or network or software owned or used by any third party,

ACCEPTABLE USE POLICY

 Gesture exists to recognise and reward the activities of our users deemed by us to have benefited society. In doing so Gesture aims to promote and encourage participation in voluntary activities.

Gesture aims to create an environment which supports its users, partners businesses and charities in a mutual benefit cycle. In their own way all partners in this cycle are looking to create social improvements and should approach the use of the platform with this in mind. Gesture requires all interactions between users, business partners and charities and voluntary organisations to be civil and truthful.

    1. We will determine, in our discretion, whether there has been a breach of our acceptable use policy or content policy through your use of the Platform.  Failure to comply with the acceptable use policy and/or the content policy constitutes a material breach of these Terms of Use, and may result in our taking all or any of the following actions:
      1. immediate, temporary or permanent withdrawal of your right to use the Platform;
      2. immediate, temporary or permanent removal of any posting or material uploaded by you to the Platform;
      3. issue of a warning to you;
      4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
      5. further legal action against you; and
      6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
    2. We exclude liability for actions taken in response to breaches of the acceptable use policy and the content policy. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.

6. Registering a business and Creating Offers

  1. Follow the instructions for businesses to register on the Platform and create offers
  2. You will be asked to provide certain information to register a business and create a business profile which includes payment card details to a third party automated payment collection service
  3. An offer, or ‘gesture,’ is a supplementary item or additional service for the user in recognition of their socially minded efforts and should not be in the form of a discount
  4. The offer can be redeemed by the user after a minimum purchase set by the business
  5. The Platform allows the business to set certain boundaries or conditions associated to each offer
  6. If the item or service purchased by the user is returned we will either reimburse the business our commission charge on that sale or not charge commission if we are informed before the corresponding invoice date
  7. If returns occur the user is under no obligation to give back the offer (‘gesture’) item or service

7. PRICES AND PAYMENT

Gesture charges a fixed fee of 5% on all user transactions where an offer is received. This commission charge is frozen at a maximum transaction value of £200, meaning the business will never be charged more than £10 for any specific transaction.

You authorise us and our third party payment provider (GoCardless, or such other payment provider as we may choose to engage from time to time) to take payments and/or charge your payment card for the relevant amounts by continuous payment authority. Payments will be taken on a monthly basis unless otherwise agreed. If your payment details change, you may have to update our details with the third party payment provider. 

8. CHILDREN AND YOUNG PEOPLE

Our Platform is primarily aimed at users who are over the age of 18.  There are however no barriers to those under 18 accessing the Platform or registering as users.  Users under 18 should only use the Platform with the permission of a parent or guardian.  The parents or guardians of anyone under 18 using the Platform should review these Terms of Use carefully.

It is the responsibility and legal duty of the business to only provide age restricted products as offers to those users legally allowed to accept them.

Correspondingly it is also the responsibility of the User for choosing gestures which are appropriate for the recipient.  We take no responsibility or liability for the inability of recipients of age-restricted gestures to redeem them.

9. INFORMATION AND AVAILABILITY

While we take every care to ensure that the information on the Platform is accurate and complete, some of it is supplied to us by third parties and we are unable to check its accuracy or completeness.  You are advised to verify the accuracy of any information before relying on it.  Further, due to the inherent nature of the internet and mobile services, errors, interruptions and delays may occur in the service at any time.  Accordingly, the Platform is provided “as is” without any warranties of any kind and we do not accept any liability arising from any inaccuracy or omission in the information or interruption in availability.

10. LINKS FROM OUR PLATFORM

Where the Platform contains links to other sites and resources provided by third parties we have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

11. COMPETITIONS AND VOTES

From time to time, we (or selected third parties) may include votes, competitions, promotions or other offers on the Platform. Each such offer shall be subject to its own express terms and may not be available in all jurisdictions.

12. MOBILE TERMS OF USE

When accessing the Platform via mobile, standard network charges apply.  You may incur additional charges from your network operator according to your contract.

13. VARIATION

We may revise these Terms of Use at any time by amending this page.  You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.  Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on the Platform.

14. INDEMNITY

You agree to indemnify us and our affiliates and our respective directors, officers, employees and agents, as well as their licensors and suppliers, from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of:

  1. any misrepresentation, act or omission made by you in connection with your use of the Platform;
  2. any non-compliance by you with these Terms of Use; and
  3. claims brought by third parties arising from or related to your access or use of the Platform including without limitation the Message Features or other information made available by you to the Platform.

15. LIABILITY

In respect of all aspects of the Platform (subject to the other provisions of this clause 14), we and our officers, directors, employees, shareholders or agents, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Platform in any way or in connection with the use, inability to use or the results of use of the Platform, any websites linked to the Platform or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Platform or your downloading of any material from the Platform or any websites linked to the Platform.

  1. This clause does not in any way limit our liability:
    1. for death or personal injury caused by our negligence;
    2. for fraud or fraudulent misrepresentation; or
    3. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
  2. Liability in respect of individual offers received through the Platform rests with the provider business partner.

16. JURISDICTION AND APPLICABLE LAW

These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.  The courts of England and Wales will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Platform.

17. CONTACT US

If you have any concerns about material which appears on the Platform, please contact us by email [email protected]