Nutzungsbedingungen
These Terms of Service ("Terms") are a binding agreement between you and Gyftup ("Gyftup", "we", "us"), operated as a sole trader in the United Kingdom, and govern your use of the Gyftup website, applications and services (the "Platform"). By creating an account, sponsoring or receiving a treat, listing a venue, or otherwise using the Platform, you agree to these Terms.
1. About Gyftup
Who you are contracting with. Christopher Ashton, trading as Gyftup, of Lytchett House, 13 Freeland Park, Wareham Road, Poole, Dorset, BH16 6FA. You can write to us at that address or email legal@gyftup.com.
Gyftup is a digital-gifting platform that lets one person sponsor a drink, a meal, a service or a wishlist item for another person, in person or remotely, while keeping the recipient's location private. We connect Recipients (Users), Gifters, and the Businesses and staff who fulfil treats. Gyftup provides the technology and facilitates payments through regulated third-party providers. Except where stated, Gyftup is not the seller of goods or services, is not a bank or money transmitter, and does not take custody of funds beyond what our payment providers permit.
2. Definitions
"Sponsorship" or "Treat" is a payment a Gifter makes so a Recipient receives a good or service. A "Gift link" is a private link to claim a treat. A "Sponsor link" is a reusable link that lets anyone top up a Recipient's prepaid credit at a Business. "Tab credit" is prepaid balance held for a Recipient at a Business. "Platform fee" is the fee Gyftup charges, shown before payment. "Payment provider" means Stripe, PayPal, LiqPay or another regulated processor we use.
3. Eligibility
You must be at least 18, or the age of majority where you live if higher. By using Gyftup you confirm you meet this, have legal capacity, and are not barred under any law or sanctions regime. You may not use the Platform if you have previously been removed or banned.
4. Accounts
Some features require an account, and you agree to keep your details accurate. You may sponsor as a guest, in which case a lightweight account is created and a private access link is issued to you. You are responsible for safeguarding your login details and any private links, and for all activity under your account. You must not impersonate anyone, create accounts by automated means, or hold multiple accounts to evade restrictions.
5. How the service works
A Gifter selects a treat and pays. Depending on the type, the Recipient redeems in person with a code, receives prepaid credit, or has funds placed in their wallet to buy a wishlist item themselves. Recipients are shown to Gifters by name and, where they choose, by venue, but never by home address or precise location. Gyftup does not guarantee any Recipient will accept or use a treat, that any Business will be open or able to fulfil, or any particular outcome.
You can also order and pay for yourself. A customer who has checked in at a Business can order from its menu and pay by card, or from prepaid credit they hold there, and can book and pay in advance where the Business offers it. Sections 6 and 9 apply to those payments as they do to a Sponsorship, with the differences set out there.
6. Payments and fees
When you sponsor a treat you authorise the payment provider to charge your chosen method for the total shown, which may include the value of the treat, a Platform fee, a card processing charge, any delivery charge set by the Business for an item it posts, and any tip you choose to add. Card details are entered with the provider and are not stored by Gyftup. Every part of the total is itemised before you pay. Amounts are shown in the configured currency, and you are responsible for any taxes that apply to you.
Card processing. Card networks and payment providers charge a fee to take a payment. That charge is shown as its own line before you pay and is passed on at cost: Gyftup adds nothing to it and keeps none of it. It is calculated on the whole amount being charged, so adding a tip or a delivery charge increases it slightly. The figure shown is based on standard rates for cards issued in the United Kingdom; a card issued elsewhere may cost the provider more, and we absorb that difference rather than billing you afterwards.
Ordering for yourself at a venue. When you order from a Business while you are there and pay by card, you pay the menu price and the card processing charge. No Platform fee is added, and the Business receives the menu price.
Booking ahead. When you book and pay in advance, the total is the booking price set by the Business, anything you order ahead, a booking fee, and the card processing charge. The booking fee is our charge for holding your place and handling the booking, and is a percentage of what the Business charges. Each of these is shown as its own line, with the total, before you pay. A booking can be made up to 60 days ahead.
Each party bears its own payment costs. The person paying covers the cost of taking their payment, and anyone receiving money covers the cost of moving it to their own bank account, which is deducted from their payout and shown to them. The Platform fee is separate from all of it.
A delivery charge is set by the Business, not by us, and is passed to that Business in full. We take no part of it and no fee on it. A tip is optional, is never added by default, and is passed to the Business for its team as described in section 10.
Where you are paid rather than paying, your payout carries the provider's cost of transferring money to your account. It is deducted from the payout rather than invoiced, and both the full amount and the deduction are shown on your Payments page. Choosing a more frequent payout cycle means more transfers and therefore more of these charges.
7. Prepaid credit and tabs
Where a Sponsorship results in prepaid credit, that credit belongs to the Recipient and may be spent at the relevant Business at the Recipient's discretion. We do not force credit to be spent and do not impose a short expiry; we may send reminders about unused credit. Credit is venue-scoped value, is not legal tender, cannot be exchanged for cash except through a verified withdrawal where available, and is non-transferable except through features we provide. If a Business permanently closes or cannot fulfil, we will work in good faith to honour or refund affected credit.
Treats bought through a venue's own link. A treat paid for through a Business's sponsor link is issued as a single-use pass. The Business is paid when you pay. Before paying you choose whether the Business gives the treat to one of its customers or you send it to somebody yourself. The pass can be used once, within 90 days of payment, by whoever holds its link. Until it is used, the person who paid can send it to somebody else, which switches the earlier link off so that only one link works at a time. A pass that is not used within 90 days expires and is not refunded.
8. Payouts and identity verification
Anyone receiving money for withdrawal to a bank account, including Businesses, staff and Recipients withdrawing wallet funds, must complete identity verification with our payment provider before any payout. This may include official identification and, where required, a live photo check. We may withhold or delay payouts where verification is incomplete or we reasonably suspect fraud, error, or breach. Payouts are made through the provider to the recipient's connected account; Gyftup does not hold these funds as a deposit-taking institution.
9. Refunds, disputes and chargebacks
What you can get back depends on what you paid for, because the risks are not the same. Full detail is in our Refund Policy; this is the contractual position.
Gifts of money. A wishlist gift, an off-platform item and a contribution to a GyftPool all place money with the person you sent it to, immediately. That is deliberate: they cannot buy the thing if we hold the money for it. These are not refundable. Where the money is still untouched we will try to reverse it as a courtesy, but once it has been spent or withdrawn it has gone, and Gyftup does not refund it out of its own funds. You are told this before you pay, and your agreement to it is recorded with the transaction.
Items posted to you. Fourteen days from delivery, which is when you can first inspect it, not from when you paid.
Anything supplied at a venue. The Business is entitled to payment for what it supplied at the point it supplies it, and nothing is withheld from it pending your confirmation. If the visit did not happen or you were not served, tell us within forty-eight hours of the visit; where that is upheld, the amount is recovered from the Business rather than withheld in advance. A Business may also mark an order not collected or unable to be fulfilled, which reverses the payment to whoever paid.
Advance bookings. Each Business sets how much it keeps if you cancel or do not arrive. Those terms are shown to you before you pay, and they are fixed for your booking at that moment: a later change by the Business does not alter them.
If you cancel, the Business keeps the share its terms give for how far ahead you cancelled. The rest of the booking price, and of anything you ordered ahead, is refunded automatically to the payment method you used. The booking fee and the card processing charge are not refunded when you cancel: the booking service has been provided, and the payment provider does not return its charge. You are shown the exact refund before you confirm the cancellation.
If the Business cancels, you are refunded everything you paid, including the booking fee and the card processing charge.
If you do not arrive within the time stated in your booking terms, the booking is recorded as not attended and the Business keeps the share its terms give for that. You are told when this happens and have forty-eight hours to tell us that you did attend. Nothing is paid to the Business during that time. Where you and the Business do not agree, we review the record and decide, and if we find that you attended and were not served you are refunded in full. Where the law gives you a right to cancel that these terms do not, that right is not affected.
Evidence. We do not require photographs of purchases. What is kept is a dated record of what was supplied, when, and whether it was confirmed or objected to. That is more useful to everyone, including a bank, than a picture.
Disputes. Raise it with the other party first, then with us. Where you cannot agree, Gyftup may review the record and reach a good-faith decision. That is not legal arbitration and does not affect your statutory rights.
Chargebacks. If you dispute a payment with your bank and the bank decides against us, the amount is recovered from whoever received it: from a recipient's wallet balance, from a venue's future earnings, or as an amount owed. An amount owed must be cleared before that account can withdraw again, and is settled automatically from money they receive afterwards. Gyftup acts as a neutral record-keeper here and does not underwrite transactions between users. Going to your bank before raising it with us may result in suspension. Nothing in this section limits non-excludable consumer rights.
10. Businesses and venues
If you list a Business, you warrant you are authorised and that your listings, menus and prices are accurate and lawful. You agree to honour treats and prepaid credit promptly, redeem codes fairly, and comply with all applicable laws, including food safety, licensing, age-restricted goods, and consumer protection. You are solely responsible for the goods and services you provide; Gyftup is not a party to that contract.
Orders placed at your venue. For an order a customer places and pays for themselves at your venue, you receive the menu price and no Platform fee is taken. The customer pays the card processing charge.
Advance bookings. If you offer advance bookings, you set the booking price, how long a booking lasts, which areas can be booked and your cancellation terms, and you agree to hold the booked area for the customer at the booked time. You are owed the booking price and anything ordered ahead once the customer has arrived, and it is paid on your usual payout cycle. If a customer cancels, or does not arrive and does not successfully challenge that within forty-eight hours, you are owed the share your terms give and the rest is refunded to them. If you cancel a booking, the customer is refunded everything they paid, and the card processing charge on that payment, which the payment provider does not return, is deducted from your next payout. Changing your terms does not change a booking that has already been paid for. Where a customer and you disagree about whether they attended, we may review the record and decide.
Tableside ordering. Tableside ordering is an optional add-on that we switch on for a Business at its request. It lets your team record orders against a table, send them to the stations you set up, and take payment. Where a guest pays their bill by card through it, you receive the menu price, the guest pays the card processing charge, no Platform fee is taken, and any tip is passed to your team under your tip rules. Where you record a bill as paid by cash or on your own card machine, no money passes through Gyftup and that payment is entirely between you and your customer. You are responsible for the accuracy of what your team records, including which items are marked as out of stock. If you switch on customer ordering, a customer may place an order with you through your ordering link without an account. That order is a contract between you and the customer, it is sent to your stations only once it has been paid for, and an order left unpaid is cancelled automatically. If you offer delivery, you deliver with your own drivers and are responsible for the delivery, for the area you say you cover, and for what happens to the order on the way. The delivery charge you set is added to what the customer pays and passed to you in full.
Sponsor links and treat passes. A payment made through your own sponsor link is owed to you when it is paid and is sent on your usual payout cycle. Each payment creates a single-use pass that is valid for 90 days. You agree to honour a valid pass presented at your venue within that time, and to mark it as given only when the treat has been handed over.
If you offer an item for posting, the delivery charge you set is added to what the customer pays and passed to you. You are responsible for dispatching that item within a reasonable time, for the cost and manner of postage, and for the customer's statutory cancellation and return rights in respect of it.
How and when you are paid. A customer pays Gyftup through our payment provider. Your share of each order is calculated at that moment and shown in your dashboard. You become entitled to it when you mark the order fulfilled, not when the customer pays, so an order you cancel or cannot serve never has to be recovered from you. Your entitlement is then transferred to your own connected account on the payout cycle you choose (daily, weekly or monthly, weekly by default). We hold your share between those two points. You must have completed provider onboarding to receive a payout; until you do, your share continues to accrue and is shown as owed on your Payments page. You remain responsible for your own staff, tips and tax.
Tips. A customer may add an optional tip when they pay, and may leave one after they have been served. Tips are recorded separately from your takings and are never treated as ours. A tip on an order belongs to the team member recorded as serving that order, and is paid to them. You may create one or more tip pools, each with its own way of dividing what is in it (equally, in proportions you set, by time on shift, or by job) and its own schedule (as tips arrive, at the end of a shift, weekly or monthly). A team member's tips go into a pool only if that team member has chosen to join it, and they may choose to pool all or part of each tip. They may leave a pool at any time. You may invite a team member to a pool, remove them from one, or require that they are always paid directly. You cannot place a team member in a pool. You may also require that the tips for one order, one zone or one shift go directly to whoever served.
When a team member joins or leaves a pool, or you change its rule, pause it or close it, what is already in the pool is first divided between its existing members under the rule that applied. A team member who has not completed provider onboarding cannot receive a payout; their tips and their share of a pool are held for them until they do. A tip on an order with no team member recorded as serving it is divided between the members of your team who have completed onboarding, equally unless you choose another rule, on the schedule you choose. Any amount that does not divide evenly stays where it is and is included in the next division. Amounts owed to team members are paid automatically on the cycle you choose, unless you switch that off, and a pool is paid on its own schedule.
Tips are not refundable. A tip left after service is a separate voluntary payment and is not refunded. A tip added at checkout is not refunded once the order has been served or the tip has been shared with the team; if an order is refunded after that point, the refund excludes the tip. Where an order is cancelled and refunded before anyone has served it, the tip is returned with the rest of the payment, because nobody earned it. Nothing here limits any right that cannot be excluded by law.
Dividing a pool is an administrative service we provide at your instruction. It does not make us your employees' employer, does not constitute a tronc or independent tronc arrangement, and does not discharge your obligations. Responsibility for payroll, National Insurance, income tax, the allocation of tips under applicable tipping law, and any records you must keep, remains yours. If your arrangements require a different division from equal shares, do not rely on this feature for it.
The Gyftup Marketplace. A business can pay to appear in the public Gyftup Marketplace, where anyone can search for it. The listing is part of the same service with the same company, and these Terms (including the Acceptable Use Policy und der prohibited items list) apply to it in full. A listing costs the monthly price shown before you pay. It's taken by card through our payment provider and renews each month until you stop it. If you stop, the listing ends at the end of the month already paid for, and part-months aren't refunded. You're responsible for what your card, page and deals say: prices, offers and dates must be true, and deals must be honoured as described. We may refuse, pause or take down a listing that breaks these Terms or puts people at risk. We can also list a business free of charge at our discretion. To keep everyone safe, the Marketplace only ever shows the details a business chooses to publish (by default its town, not its address). It never shows who is at a business, who has visited or checked in, or when.
Claims after a stay or hire. A venue may claim only for real damage it can show in photos, or a late fee it showed customers before they booked. Claims follow our refund policy. A venue that makes false claims may be suspended.
11. Your content
You may submit content such as profile details, wishlists, showcases, merchandise, messages, images and proof ("Content"). You retain ownership and grant Gyftup a worldwide, non-exclusive, royalty-free licence to host, store, display and transmit it as needed to run the Platform. You are responsible for your Content and warrant you have the rights to it and that it is lawful. Records of what was supplied and confirmed on an order are kept as evidence and cannot be deleted by you, because they protect both sides if the payment is later disputed.
12. Acceptable use
You must not use the Platform to commit fraud, launder money, finance illegal activity or evade sanctions; to solicit funds under false pretences; to harass, threaten or endanger anyone, including any attempt to obtain a person's private location; to post unlawful, defamatory, obscene or infringing content, or anything that sexualises or endangers minors; to circumvent fees, verification, blocking or security; or to scrape, reverse engineer, overload or interfere with the Platform. We use layered checks and monitoring and may challenge, limit, suspend or permanently ban accounts and report unlawful activity to the authorities.
13. Disclaimers and limitation of liability
The Platform is provided "as is" and "as available". To the fullest extent permitted by law we disclaim all implied warranties and do not warrant the Platform will be uninterrupted, error-free or secure, or that any treat will be accepted or enjoyed.
What we never limit. Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded by law. If you are a consumer, nothing in these Terms affects your statutory rights, and this section does not apply to any loss we caused you that was a foreseeable result of our breaking this contract or failing to use reasonable care and skill.
If you are a consumer. We are not liable for loss that was not foreseeable, or for loss arising from your own breach of these Terms. Subject to the paragraph above, our total liability to you for any claim will not exceed the greater of £250 and the total amount paid through the Platform in connection with the transaction the claim relates to.
If you use the Platform for business purposes, including as a Business, venue, staff member or creator, we are not liable for loss of profit, loss of business, business interruption, loss of goodwill, or any indirect or consequential loss, and our total liability in any 12 month period will not exceed the greater of £250 and the Platform fees you paid us in that period.
You agree to indemnify Gyftup against claims arising from your breach, your Content, your goods or services, or your misuse of the Platform. If you are a consumer, this applies only where the claim arises from something you did deliberately or negligently.
14. Suspension and termination
You may close your account at any time. We may suspend or terminate access, with or without notice, if you breach these Terms, if required by law, or to protect the Platform or its users. On termination, outstanding obligations survive, and we will deal with prepaid credit or pending payouts in good faith and in line with applicable law.
15. Changes, governing law and contact
We may update these Terms and will give reasonable notice of material changes. Continued use after a change takes effect means you accept it. These Terms are governed by the laws of England and Wales and its courts have exclusive jurisdiction, except that consumers may also have rights in their country of residence. If any provision is unenforceable, the rest remains in effect. Questions: legal@gyftup.com. See also our Datenschutzerklärung und Cookie-Richtlinie.
16. Product schedules
Some products have rules of their own in addition to these Terms. Where a schedule applies to something you use, it forms part of your agreement with us: