Gratefulgoose Service Terms


POTENTIAL INVESTMENTS LIMITED trading as GratefulGoose.com, a company registered in England and Wales under company number 07388728 whose registered address is at 1 The Square, Lightwater, Surrey, GU18 5SS, hereinafter referred to as ‘GratefulGoose‘ or ‘We‘ set out the following terms and conditions upon which GratefulGoose offers a GratefulGoose Member herein referred to as ‘You‘ and ‘Your‘ a licence to use www.gratefulgoose.com (the ‘Site‘) to create Your GratefulGoose Wishlists for special occasions by using the GratefulGoose Tools provided to You for free. You can browse Your favourite product pages throughout the worldwide web and by clicking on the GratefulGoose gift icon, You can edit the information, share Your GratefulGoose Wishlist or add to Your GratefulGoose Wishlist. You can then choose to share these with Your family and friends by a choice of methods and they too can become GratefulGoose Members (‘GratefulGoose Services‘) (the ‘Terms‘). These Terms incorporate our Cookie Policy and our Privacy Policy by this reference (collectively called the ‘GratefulGoose Licence‘). These Terms shall remain in full force and effect to the extent that a GratefulGoose Member makes use of the Site to access the GratefulGoose Services unless terminated by You or by GratefulGoose in accordance with the Terms herein.

  1. DEFINITIONS
    The definitions to be read with these Terms are set out in full at Clause 19.
  2. GENERAL
    1. By using any of the GratefulGoose Services via the Site, You expressly agree to be bound by these Terms and all applicable Legislation and Codes governing the use of the Services via the Site. These Terms form a legally binding agreement between You and GratefulGoose in relation to Your use of the GratefulGoose Services and applies to all GratefulGoose Members.
    2. You should read these Terms carefully and ensure that You understand their effect before proceeding to use the GratefulGoose Services. If You disagree with any part of these Terms, do not use the Site for the purpose of accessing the GratefulGoose Services. If You violate these Terms, GratefulGoose may terminate Your use of the Site, bar You from future use of the Site and/or take appropriate legal action against You.
    3. We reserve the right to modify these Terms at any time without notice. Any changes We may make to these Terms in the future will be posted on this page and, where appropriate, notified to You by e-mail or when You next use the Site to access the GratefulGoose Services, the new terms may be displayed on-screen and You may be required to read and accept them to continue. You agree that GratefulGoose will treat Your use of the Site to access the GratefulGoose Services as acceptance of the Terms herein including Your continued use subsequent to any changes.
  3. GRATEFULGOOSE SERVICES
    1. We are dedicated to facilitating an exclusive online venue (the ‘GratefulGoose Platform’) whereupon GratefulGoose Members can create and build Your own Gratefulgoose Wishlists for any special occasion, then browse Your favourite products across the worldwide web and by using the GratefulGoose Tools, You can embed the Third Party Product Link from the Third Party Retailer Site in to the relevant Gratefulgoose Wishlist. You can then go on to share these with Your family and friends by either an Instant Access Link, by providing the Site with their email or by sharing via SM Sites such as Google+, Twitter and Facebook.
    2. Family and friends can be invited to view the GratefulGoose Wishlist and/ or specific Third Party Product Links and choose to ignore (ooops!), reserve or confirm as purchased!
    3. GratefulGoose is not a retailer, a distributor or an agent. The GratefulGoose Platform exists to:
      1. reduce the chances of giving and receiving duplicate gifts;
      2. make it easy for family and friend groups to provide inspiration for presents;
      3. take the stress out of buying for those who know exactly what they want!
    4. All Third Party Products that a GratefulGoose Member chooses to add to their GratefulGoose Wishlist or to view and purchase for another GratefulGoose Member are owned by, or licensed to, Third Party Retailers. Third Party Products can be added to Your GratefulGoose Wishlist in three (3) ways:
      1. by using the GratefulGoose Bookmark; or,;
      2. by using the GratefulGoose Extension; or,
      3. by pressing add next to example products or GratefulGoose Wishlists on the Site (the ‘Add Button’).
    5. All Third Party Products displayed in a GratefulGoose Wishlist can be clicked on whereupon the GratefulGoose Member will be transported to the relevant Third Party Retailer Site where You shall have the option of purchasing the Third Party Product.
    6. All purchases of Third Party Products take place off the Site on the Third Party Retailer Site and are subject to the Third Party Retailer Terms which will detail the respective obligations of the buyer and the Third Party Retailer as the seller including information in respect of refunds, cancellations, returns and exchanges as applicable.
    7. GratefulGoose cannot make any guarantees to You as to the quality, safety or merchantability of a Third Party Product which is the sole responsibility of the Third Party Retailer, or that the Third Party Product Details displayed on the Third Party Retailer Site (and picked up by way of the GratefulGoose Tools) are accurate in all respects and are not false nor misleading as it is Your responsibility to check the Third Party Products independently. Before purchasing a Third Party Product, You must satisfy Yourself as to the authenticity of the Third Party Retailer Site and the acceptability of such Third Party Retailer Terms prior to making a purchase. Consequently, You release GratefulGoose (and our agents and employees) from all Claims and Losses (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Third Party Product promoted on the GratefulGoose Platform and purchased by You or by another.
    8. IMPORTANT: GratefulGoose Members acknowledge that:
      1. GratefulGoose is likely to have many GratefulGoose Members building GratefulGoose Wishlists on the Site concurrently;
      2. the GratefulGoose will not always be able to pick up all relevant information embedded in the Third Party Product Link to enable full Third Party Product Details to be displayed on the Site in Your GratefulGoose Wishlist due to an inability for our algorithm to correctly identify the correct Third Party Product Details e.g. image, price, title or description. Under such circumstances, You can manually fill in the blanks;
      3. GratefulGoose do not check, audit, vet, monitor or control: the identity, credit worthiness or bona fides of Third Party Retailers, the security of Third Party Retailer Sites or the accuracy of the Third Party Product Details published on the Third Party Retailer Sites; and,
      4. GratefulGoose is not party to any contract that may ensue as between You as a buyer and the Third Party Retailer as a seller.
      5. Accordingly, GratefulGoose will not be liable to You in relation to any Claims or Losses arising out of any:
      6. any Third Party Product including the non-availability of a Third Party Product or a price fluctuation;
      7. Third Party Product Details;
      8. acts or omissions of the Third Party Retailer; or,
      9. the Third Party Retailer Site and Third Party Retailer Terms, all of which are at Your own sole risk.
    9. The GratefulGoose Services offer no advice, recommendations and endorsements in respect of Third Party Products, Third Party Retailers or Third Party Retailer Sites or legal representation under any circumstances. Third Party Links (or other hyperlinks) are provided for Your ease of accessing Third Party Products (or other products and services) only and GratefulGoose do not accept any responsibility for the content of such websites and cannot therefore guarantee, represent or warrant that the content contained in the websites is accurate, legal and/or inoffensive or that they will not contain viruses or otherwise impact Your computer. By using these Third Party Links (or other hyperlinks), You agree and understand that GratefulGoose shall not be liable for any loss or damage that may arise from Your use of the same.
    10. GratefulGoose shall not be liable to You where any Third Party Product is no longer available at the original price or no longer available at all. When Deals expire they will no longer be displayed on the Site but We cannot guarantee that our Site will always be in real-time sync with the activities of the Third Party Promoters and Third Party Retailers so a delay may be inevitable. Market prices for Third Party Products can be volatile and can change on a regular basis and demand can exceed supply leaving such Third Party Products either out-of-stock or discontinued. Under no circumstances will GratefulGoose be responsible or liable for any pricing errors, delays in implementing pricing changes or for the unavailability of Deals for any reason whatsoever.
  4. SIGN-UP
    1. To make optimum use of the Site and the GratefulGoose Services, You must sign up on the Site by entering Your first name, last name, email and password and by accepting the terms of the Licence. An activation email will then be sent to You which contains an activation link. You will be asked to click on the link to verify Your email address (‘GratefulGoose Membership Verification Email’). Upon successful verification, Your GratefulGoose Member Account and a GratefulGoose Login will be activated. Your email and Your chosen password will constitute Your GratefulGoose Login (‘Sign-Up’). You will receive a ‘GratefulGoose Membership Welcome Email’ thereafter. If You forget Your password or You simply wish to change Your password, You can do this whereupon You will be sent a ‘Reset Password Email’.
    2. It is in GratefulGoose’s absolute discretion to decide if You qualify (or continue to qualify) as a GratefulGoose Member. GratefulGoose reserves the right to decline any application for GratefulGoose Membership and to terminate Your GratefulGoose Membership at any time, with or without notice or cause and in its entire sole discretion.
    3. You will keep Your GratefulGoose Login relevant to the Site and the GratefulGoose Services confidential and not reveal it to anyone else. You are responsible for all activities that are carried out under Your GratefulGoose Login. We will not be liable where Your GratefulGoose Login is unlawfully used by another.
    4. You agree to notify GratefulGoose immediately by email to contact@gratefulgoose.com of any unauthorised use of Your GratefulGoose Login or GratefulGoose Member Account of which You become aware (with “IMPORTANT” in the subject line). You will not create additional accounts for the purpose of abusing the functionality of the Site or other registered GratefulGoose Members or for any other reason in breach of these Terms.
    5. Our Site also makes use of various SM Connect Platforms to enable You to log in to the Site using Your login details applicable to the relevant SM Site as opposed to Your GratefulGoose Login. It is the SM Site who will authenticate and verify Your log-in details. The SM Platform Application is powered by the SM Site originated API.
    6. GratefulGoose Members can cancel their GratefulGoose Member Account (and therefore their GratefulGoose Membership) at any time by contacting us.
    7. Although GratefulGoose cannot monitor the conduct of GratefulGoose Members off the Site, it is a violation to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any GratefulGoose Member without their prior explicit consent.
    8. You may not transfer ownership or sell Your GratefulGoose Member Account to a third party.
    9. GratefulGoose Members who do not comply with these Terms may be subject to review, which can result in suspension of GratefulGoose Member Account privileges and/or termination. This includes all accounts by virtue of association.
  5. DATA PROTECTION & CONFIDENTIALITY
    In respect of any Personal Data (as defined in the Data Protection Act 1998 (the ‘1998 Act’)) processed by GratefulGoose pursuant to the GratefulGoose Services, GratefulGoose warrants and undertakes that it complies, and will continue to comply with, all applicable Data Protection Legislation, including the 1998 Act, any regulations made thereunder and any guidance notes or guidelines issued by the Information Commissioner; and, shall comply at all times with the terms and conditions of the Privacy Policy and the Cookie Policy which apply in full to Your use of the Site to access the GratefulGoose Services. GratefulGoose may release GratefulGoose Member information if required by law, or if the information is necessary or appropriate to release to Third Party Product with an unlawful or harmful activity.
  6. GRATEFULGOOSE EXTENSION & GRATEFULGOOSE EXTENSION LICENSED RIGHTS
    1. When using the Site, GratefulGoose provides You with the opportunity to download and install a browser extension (‘GratefulGoose Extension’). If You choose to download and install this GratefulGoose Extension, it will be installed in Your web browser only on Your desktop. To do this, You can either visit a Webstore direct which promotes, hosts and publishes our GratefulGoose Extension on their browser platform. At the Webstore, simply follow the online instructions to effect a successful download and installation. If You are on the Site, the installation shall occur within the Site.
    2. We grant to You a non-exclusive, worldwide, and perpetual licence to perform, display, and use the GratefulGoose Extension and any content contained in, accessed by, or transmitted through the GratefulGoose Extension in connection with the relevant Webstore (‘GratefulGoose Extension Licensed Rights’). The GratefulGoose Extension Licensed Rights granted to You shall terminate when GratefulGoose or the Webstore stop providing You with the GratefulGoose Extension. Any GratefulGoose Extension Licensed Rights in respect of the GratefulGoose Extension shall be subject to any rules or policies applied by any Webstore provider or operator from whose browser the GratefulGoose Extension operates on and from whose browser the GratefulGoose Extension is downloaded from (‘Webstore Rules’). For the avoidance of doubt, We do not sell the GratefulGoose Extension to You. We remain the owners of the GratefulGoose Extension at all times and the Webstore and You are licensees.
  7. GRATEFULGOOSE MEMBER OBLIGATIONS
    1. You must use Your best endeavours to:
      1. comply with all the Terms of the Licence; and,
      2. conduct all use of the GratefulGoose Services in compliance with the applicable Legislation and Codes;
    2. GratefulGoose Member shall not:
      1. purchase or register any trade marks, search engine keywords, AdWords, search terms or other identifying terms that include the names of GratefulGoose or the word ‘GratefulGoose’ or any similar or confusingly similar names or words or any derivative thereof;
      2. take any action that could reasonably cause any recipient of an Instant Access Link confusion as to GratefulGoose’s relationship with the GratefulGoose Member.
  8. GRATEFULGOOSE OBLIGATIONS
    1. GratefulGoose agrees to:
      1. provide the GratefulGoose Services with all due care, skill and ability;
      2. devote as much time to the provision of the GratefulGoose Services as may be necessary for their proper performance;
      3. conduct all GratefulGoose Services in accordance with the applicable Legislation and Codes;
      4. provide promptly and give to a GratefulGoose Member all such information as they may reasonably require in connection with the provision of the GratefulGoose Services; and,
      5. provide a response in a timely manner to any requests for technical support (in relation to the use of the Site only).
  9. COMPLAINTS
    GratefulGoose tries to meet the highest standards when providing the GratefulGoose Services via the Site. We take any Complaints We receive about this very seriously. We encourage GratefulGoose Members to bring any Complaints to our attention and We welcome any suggestions for improving our procedures. We will try and solve any disagreements quickly and efficiently. If You are not happy with the way GratefulGoose Third Party Products with any Complaint and You wish to take court proceedings, You must do this within England. Relevant English law will apply to these Terms in accordance with Clause 18.
  10. SECURITY & AVAILABILITY OF THE SITE
    1. You acknowledge and agree that to improve the GratefulGoose Services made available to You via the Site and the GratefulGoose Extension, GratefulGoose may stop (permanently or temporarily) providing the GratefulGoose Services (or any features within the GratefulGoose Services) to You generally at GratefulGoose’s sole discretion, without prior notice to You.
    2. GratefulGoose shall use reasonable efforts to ensure that scheduled maintenance downtime is kept to a minimum in accordance with industry standards and, where possible, scheduled downtime shall be completed outside of normal UK working hours.
    3. Unscheduled emergency maintenance may be required at any time. GratefulGoose agrees to use all reasonable efforts to keep emergency maintenance to a minimum and reduce the effects of any emergency maintenance required.
    4. GratefulGoose does not warrant the validity and accuracy of information on the Site or the GratefulGoose Services or that the Site is kept up-to-date. The Site and its content and the GratefulGoose Services are delivered on an "as-is" and "as-available" basis. Due to the nature of the internet, GratefulGoose does not represent or warrant to You that:
      1. Your use of the Site, the GratefulGoose Extension and the GratefulGoose Services will be uninterrupted, timely, secure or free from error at all times, nor that it will provide specific results from use of the Site or any content, search or link on it;
      2. Your use of the GratefulGoose Services will meet Your requirements;
      3. any information obtained or downloaded by You as a result of Your use of the GratefulGoose Services will be accurate, reliable or free of viruses or contamination or destructive features;
      4. there will not be any defects in the operation or functionality of any software provided to You as part of the GratefulGoose Services including the GratefulGoose Extension; and,
      5. those who intentionally attempt to and/or gain unauthorised access to the same by means such as, without limitation, computer hacking will not be successful.
  11. GRATEFULGOOSE CONTENT
    With the exception of content submitted to the Site by You, all other content and the selection and arrangement of such content on the Site constitutes ‘GratefulGoose Content’ and is either owned by, or licensed to, GratefulGoose and is subject to copyright, trade mark rights, and other Intellectual Property Rights of GratefulGoose and licensors of GratefulGoose. Such GratefulGoose Content is protected by UK copyright laws and international laws. Any third party trade or service marks present on GratefulGoose Content not uploaded or posted by You are trade or service marks of their respective owners. Such GratefulGoose Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of GratefulGoose or, where applicable, the licensors of GratefulGoose. GratefulGoose and/ or its licensors reserve all rights not expressly granted in and to their GratefulGoose Content.
  12. GENERAL RESTRICTIONS ON USE
    Subject to the following express restrictions, GratefulGoose grants You permission to access and use the Site and the GratefulGoose Services. You may view Site pages, download Site pages (for caching purposes only) and print Site pages (excluding Site images) and retain a copy of the same solely for Your own personal, non-commercial use. You agree that Your failure to adhere to any of these restrictions shall constitute a breach of these Terms on Your part. You agree:
    1. not to copy the Site except where such copying is incidental to normal use of the Site, or where it is necessary for the purpose of back-up or operational security;
    2. not to sell, lease, sub-license, rent, loan, translate, merge, adapt, vary, modify, distribute or otherwise exploit the Site or GratefulGoose Content for any other purposes without the prior written consent of GratefulGoose or the respective licensors of the GratefulGoose Content;
    3. not to, reverse-engineer or create derivative works based on the whole or any part of the Site or the GratefulGoose Services including but not limited to any GratefulGoose Content, in any medium without GratefulGoose’s prior written authorisation or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Site with another software program, and provided that the information obtained by You during such activities:
      1. is used only for the purpose of achieving inter-operability of the Site with another software program;
      2. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
      3. is not used to create any software that is substantially similar to the Site.
    4. to include our copyright notice on all entire and partial copies You make on any medium;
    5. not to provide or otherwise make available the GratefulGoose Extension in whole or in part (including object and source code), in any form to any person without prior written consent from us;
    6. not to establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
    7. not to alter or modify any part of the Site, the GratefulGoose Extension or any of the GratefulGoose Services or permit the Site, the GratefulGoose Extension or any of the GratefulGoose Services or any part of the same to be combined with, or become incorporated in, any other programs or to be used in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
    8. not to access GratefulGoose Content through any technology or means other than the Site itself or such other means as GratefulGoose may explicitly designate for this purpose;
    9. not to access or attempt to penetrate or attempt to penetrate GratefulGoose’s security measures;
    10. not use the GratefulGoose Extension, the Site or the GratefulGoose Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms herein, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the GratefulGoose Extension, the Site or the GratefulGoose Services or any operating system;
    11. not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the GratefulGoose Extension, the Site or the GratefulGoose Services or features that (i) prevent or restrict use or copying of GratefulGoose Content; or, (ii) enforce limitations on the use of the GratefulGoose Services or the accessible GratefulGoose Content;
    12. not to use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, viruses, trojans, worms, keystroke logger, rootkit, logic bombs or other material which is malicious or technologically harmful;
    13. to comply with all technology control or export laws and regulations that apply to the technology used or supported by the GratefulGoose Extension;
    14. not infringe our Intellectual Property Rights or those of any third party in relation to Your use of the GratefulGoose Extension, the Site or the GratefulGoose Services;
    15. not to attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site;
    16. not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the GratefulGoose Extension or the GratefulGoose Services, or attempt to decipher any transmissions to or from the servers running any GratefulGoose Services; and,
    17. not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
  13. WARRANTIES AND INDEMNITIES
    1. In accordance with Clause 3, GratefulGoose cannot make any guarantees in respect of a Third Party Product. For the avoidance of doubt, GratefulGoose:
      1. has no control over the quality, morality, safety or legality of a Third Party Product;
      2. does not guarantee on behalf of the Third Party Retailer that the Third Party Product Details published on the Third Party Retailer Site are valid and accurate and will not be responsible for any misrepresentation or inaccuracy therein;
      3. does not guarantee that the Third Party Retailer will honour the Third Party Product; and,
      4. does not guarantee that interruptions of service on the Site or throughout the worldwide web will not occur during the GratefulGoose Member’s use of the Site at any time.
    2. As a GratefulGoose Member, You warrant, represent and undertake to GratefulGoose that:
      1. You will comply at all times with Your obligations set out at Clause 7;
      2. all information submitted to the Site in respect of Your identity for Your GratefulGoose Membership is true, accurate and complete in all respects; and,
      3. You are solely responsible for any breach of Your obligations under these Terms due to Your act, omission, default or Your failure to comply with any of Your obligations under these Terms and for the consequences of any such breach or failure.
    3. We make no warranty, and hereby further expressly disclaim any liability to You and You agree that You have no claim against GratefulGoose in connection with any Claims asserted against, or Losses suffered by You:
      1. due to any breach by You of these Terms or breach of warranty by You;
      2. in respect of the matters listed at Clause 13.1;
      3. due to the acts, omissions and conduct of any GratefulGoose Members and Third Party Retailer in connection with or otherwise related to Your use of the Site, the GratefulGoose Extension and the GratefulGoose Services;
      4. due to any mis-descriptions, misrepresentations, inaccuracy or incompleteness in respect of the Third Party Product Details (whether innocent, negligent or fraudulent);
      5. due to the Third Party Retailer’s failure to perform, or delay in performance of, any of its obligations to You under the relevant Third Party Retailer Terms;
      6. due to Your failure or inability to use the GratefulGoose Services, the Site or the GratefulGoose Tools at any point in time, or, where the GratefulGoose Services are unavailable at any time for any period;
      7. connected to any linked third party website or any statements, information, content, products or services that are published on, or may be accessible from, any linked third party website including any third party customer/ client facing policies/ contractual terms;
      8. due to any changes which GratefulGoose may make to the GratefulGoose Services, or for any permanent or temporary cessation in the provision of the GratefulGoose Services (or any features within the GratefulGoose Services);
      9. the deletion of, corruption of, or failure to store, any communications data maintained or transmitted by or through Your use of the GratefulGoose Services;
      10. due to any errors or omissions in our Site or in relation to any reliance placed by You on any content on the Site or accuracy thereto; and,
      11. due to any unauthorised access or loss of Personal Data that is beyond our control.
    4. Subject to Clause 13.5, We shall in no circumstances be liable to You in contract, tort (including negligence), breach of statutory duty or otherwise for any and all Losses suffered by You or Claims asserted against You including consequential, special or incidental loss or damage (whether direct or indirect) or any loss of profit, anticipated profits, business, data, opportunity, revenue, goodwill, or reputation arising from Your use of the Site or the GratefulGoose Services.
    5. Nothing in these Terms is intended nor shall it be construed as an attempt by any party to exclude or limit any liability for:
      1. fraudulent misrepresentations;
      2. any liability where the law does not permit such exclusion of liability; and,
      3. death or personal injury arising from negligence.
    6. Subject to Clause 13.5 and except as expressly set out in these Terms, GratefulGoose gives no warranties and excludes all other express or implied terms, conditions and warranties.
  14. ENTIRE TERMS/ SEVERABILITY
    These Terms incorporate our Cookie Policy, and the Privacy Policy which together constitute the entire agreement between You and GratefulGoose in relation to Your use of the Site to access the GratefulGoose Services and supersedes any prior representations, inducements or agreements relating to its subject matter. Should the courts strike-out as invalid or unenforceable or otherwise alter any part of these Terms, the remaining terms shall remain valid and in force.
  15. ASSIGNMENT
    These Terms shall be personal to You and You may not assign, transfer or delegate all or any of Your rights and obligations, without GratefulGoose’s prior written consent. GratefulGoose reserves the right to assign or transfer all or any of its rights and obligations under these Terms to any companies in the same group as GratefulGoose or other third party. In the event
  16. NO WAIVER
    Failure by either GratefulGoose or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
  17. THIRD PARTY RIGHTS
    You may enforce these Terms in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999 (the ‘Act’). Except as provided above, these Terms do not create any right enforceable by any person who is not a party to it under the Act, but do not affect any right or remedy that a third party has which exists or is available apart from that Act.
  18. LAW AND JURISDICTION
    All of these Terms are governed by English Law and any disputes arising in relation to these Terms and/or the Site are subject to the exclusive jurisdiction of the English Courts.
  19. DEFINITIONS
    In these Terms (except where the context otherwise requires) the following words shall have the following meanings:

Add Button: refers to one mechanism made available to You to add a Third Party Product to Your GratefulGoose Wishlist as referred to at Clause 3.4(c).

Claims: means all demands, claims and liability (actual and consequential and direct and indirect and whether known and unknown, suspected and unsuspected, disclosed and undisclosed, criminal or civil, in contract, tort or otherwise for all Losses including any other expenses of any nature whatsoever.

Codes: refers to all codes governing standards (including for these purposes ancillary guidance notes and advice) published by regulatory authorities or other industry professional bodies including but not limited to the Advertising Standards Authority, Trading Standards, the Office of Fair Trading, the Direct Marketing Association, the Information Commissioners Office, the Department for Business Innovation & Skills and to be construed so as to include any and all references to any amendments, modifications or consolidations constituting the most up-to-date versions thereof but specifically including the CAP Code.

Complaint: means any dissatisfaction expressed by, or any complaint made by, a GratefulGoose Member as against GratefulGoose in connection with the provision of the GratefulGoose Services.

Data Protection Legislation: the Data Protection Act 1998, the Data Protection Directive (95/46/EC), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and all applicable laws and regulations relating to the processing of Personal Data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner.

GratefulGoose Bookmark: refers to one of the mechanisms provided to enable You to add Third Party Products to Your GratefulGoose Wishlist.

GratefulGoose Extension: refers to one of the mechanisms provided to You under licence via a Webstore to enable You to add Third Party Products to Your GratefulGoose Wishlist.

GratefulGoose Extension Licensed Rights: refers to the licensed rights granted to You at Clause 6.2.

GratefulGoose Member: refers to the person who has undergone Sign-Up.

GratefulGoose Membership: refers to the GratefulGoose Membership provided to a GratefulGoose Member who has undergone Sign-Up.

GratefulGoose Membership Verification Email: as referred to in Clause 4.1

GratefulGoose Membership Welcome Email: as referred to in Clause 4.1

GratefulGoose Platform: refers to the online platform provided to You by GratefulGoose via the Site.

GratefulGoose Services: refers to those services provided by GratefulGoose.

GratefulGoose Tools: refers to the GratefulGooose Extension, the GratefulGoose Bookmark, the Add Button and any other tool that GratefulGoose may provide to You via the Site from time to time.

GratefulGoose Visitor: refers to the person who visits the Site but does not undergo Sign-Up.

GratefulGoose Wishlist(s): refers to the one or more lists that You can build on the Site for a special occasion by using the GratefulGoose Tools and the GratefulGoose Services.

Instant Access Link: refers to the link that a GratefulGoose Member can send by email to friends or family (who may or may not be a registered GratefulGoose Member) which if clicked on reveals the entry in Your GratefulGoose Wishlist.

Intellectual Property Rights: refers to all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, trademarks, service marks, trade names, patents, petty patents, utility models, design rights, semi-conductor topography rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off.

Legislation: includes all applicable laws, Acts of Parliament (including the Acts) and Treaties as well as Data Protection Legislation and all orders, regulations, directives, conventions and subordinate legislation made pursuant to such an Act or Treaty or otherwise having the force of law in relation to the content and broadcast of Campaigns including references to any amendment, modification, consolidation or re-enactment for the time being in force.

Losses: means any claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, liens and expenses.

Personal Data: as defined in the Data Protection Legislation.

Reset Password Email: as referred to in Clause 4.1.

Sign-Up: as referred to in Clause 4.1.

Site: means a website owned and operated by GratefulGoose including www.gratefulgoose.com which hosts the GratefulGoose Platform.

Third Party Link: refers to the contents of the URL picked up from the Third Party Product on the Third Party Retailer Site.

Third Party Product: refers to the product that can be placed in a GratefulGoose Wishlist.

Third Party Product Details: refers to the details of the Third Party Product e.g. image, price, title or description.

Third Party Retailer: refers to the party who is the owner of, or licensor of, the products or services constituting a Third Party Product.

Third Party Retailer Site: refers to the website upon which a purchase of a Third Party Product can be completed.

Third Party Retailer Terms: refers to the legal purchase terms and conditions applicable to, and governing, the purchase of a Third Party Product from the Third Party Retailer.

Webstore: refers to the official extension webstore applicable to Your browser and which has been granted a licence by GratefulGoose to promote, host and publish our GratefulGoose Extension on their browser platform e.g. Internet Explorer Gallery, Firefox Addons, Chrome, Safari etc.