The Legal Stuff

Hopefully most of your questions should be answered in How it Works, or our FAQ. But if you're really curious, here is the dull legal stuff. Don't say we didn't warn you...

Terms and Conditions

The following defined terms appear in this Terms and Conditions for Customers.

• "You" or "Organiser": A customer that registers to use, or uses our service to make, designate, or process payment transactions from buyers.
• Customer: A person that registers with the service as an Organiser or a participant or is a beneficiary of group events.
• Beneficiary: A person designated to receive the payment transaction.
• Event: The pooling or aggregation of funds from customers via payment transactions.
• Payment Instrument: Credit cards, debit cards, and the PayPal service are all payment instruments.
• Payment Transaction: The processing of a payment through the service that results in the debiting or charging of the purchase amount to a customer's payment instrument and the crediting of funds to a beneficiary.
• Product: Any merchandise, good or service that a beneficiary may receive from customers using the service.
• Purchase Amount: The cash amount of an event payment transaction to pay for a product and any related fees, taxes or shipping charges, as applicable.
• Service: The service, described in these Terms and Conditions for customers, facilitates the processing of payment transactions on behalf of an Organiser for the benefit of a beneficiary.

Acceptance of terms

Wraply.com is an online service that lets groups of people pool money (make collaborative transactions) to make purchases or send money to a beneficiary. Before using Wraply.com, you should review these entire Terms and Conditions before you decide to accept them and continue. If you do not agree to be bound by the terms after you read this agreement, you should not use the Wraply.com service. By using the Wraply.com service, you agree that we may modify the terms of this Agreement or the Privacy Policy, in our sole discretion, by posting amended terms to this Web site. Your continued use of the service indicates your acceptance of the amended Terms and Conditions agreement.

You also are subject to any Web site terms of use, privacy policies, and/or user agreements that may be applicable to you as a result of your use of Wraply.com Web sites.

BY USING THE WRAPLY.COM WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Transactions between groups and organisations or individuals

Wraply.com acts as an intermediary between groups (ad hoc or otherwise) and the trustee (or Organiser) who collects the pooled money. Wraply.com will immediately transfer each deposit directly from the participant to the beneficiary via PayPal, less the Wraply transaction fee. At no point will Wraply.com hold the deposits. Wraply.com is not responsible for any uses of the proceeds by the beneficiary and acts only as an intermediary to collect contributions from a group of participants for a beneficiary. Wraply.com also makes no guarantees regarding the performance or fairness of its payment service, PayPal Inc. Wraply Limited shall not be liable for your interactions with any organizations and/or individuals found on or through the Wraply.com service after funds have been transferred. This includes, but is not limited to, delivery of goods and services through Wraply.com events, and any other terms, conditions, warranties or representations associated with such dealings. After Wraply.com transfers funds to the beneficiary, all subsequent dealings are solely between you and such organizations and/or individuals. By using our service, you agree that Wraply Limited is not responsible for any damage or loss incurred as a result of any such dealings. Wraply Limited is under no obligation to become involved in disputes between group event participants, Organisers, and beneficiaries, or between site members and any third party. In the event of a dispute, you release Wraply Limited, its officers, employees, agents and successors from all claims, damages and demands – known or unknown, suspected or unsuspected, disclosed or undisclosed – arising out of or in any way related to such disputes and our service. Though Wraply Limited cannot be held liable for the actions of an Organiser, Organisers are nevertheless wholly responsible for fulfilling obligations both implied and stated in any group event they create. Wraply Limited reserves the right to cancel a group event and refund all associated members' payments at any time and for any reason. Wraply Limited reserves the right to remove a group event from our Web site for any reason.

Privacy

Buyers understand and agree that personal information provided to Wraply.com in connection with the service is subject to the service's Privacy Policy.

Copyrights and trademarks

Wraply.com, the Wraply.com logo, and other names, logos, icons and marks identifying Wraply Limited products and services are trademarks of Wraply Limited and may not be used without the acquisition of prior written permission from Wraply Limited. All rights not expressly granted in this agreement are reserved to Wraply Limited. By using our service, you understand and agree that any uploading or posting will be at your sole risk and Wraply.com, Inc. shall not be responsible to you in any way. Further, Wraply Limited does not provide any warranty as to your use of any third party content, service, or product that you obtain from the Wraply.com site. You may not post, distribute, reproduce, or sell in any way, any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use.

Use of electronic communications

Wraply.com may communicate with customers regarding the service by means of electronic communications, including (a) sending electronic mail to email addresses provided to Wraply.com by buyers during registration, or (b) posting of notices or communications on a Wraply.com Web site.

Wraply.com and Wraply.com customers agree that Wraply.com may send the following types and categories of communications and records to customers via electronic communications: these Terms and Conditions for customers (and revisions or amendments), notices or disclosures regarding the service, payment authorizations, and any other matter relating to customer use of the service. Customers are responsible for providing hardware, software, and electronic access to the Internet in order to use the service. Customers should maintain copies of electronic communications by printing a paper copy or saving an electronic copy on their computers. When Wraply.com sends an electronic communication to an email address which was provided by a customer in accordance with these Terms and Conditions for customers, it is assumed that the email address is current, and that the customer received the sent electronic communication. It is the customer's responsibility to read and fully understand all electronic communications that are posted on a Wraply.com Web site, and it is assumed that by using our service, customers have read and accept all such communications.

Wraply.com events and other content

You are fully responsible for any content you post on the Wraply.com service, including, but not limited to, photos, personal profile(s), and forum messages. As a Wraply.com user, you understand and agree that Wraply Limited may block or interrupt any group action at any time, and for any reason. Grounds for deletion of a Wraply.com event include, but are not limited to, frivolous content or unrealistic targets. You understand and agree that Wraply Limited may review and delete any content that violates this agreement or which might be offensive or illegal, or which threatens to jeopardize the safety of or violate the rights of other users and members. Content that is illegal or prohibited includes, but is not limited to, material, text, graphics, video and audio that:

• Is unlawful, harassing, libellous, abusive, threatening, harmful, bigoted, racially offensive, obscene, or otherwise objectionable
• Displays sexually explicit material of any kind
• Is intended or designed to disrupt an ongoing conversation via flaming (sending a message in which the writer publicly attacks another participant in overly harsh, or personal terms) or trolling (deliberately posting derogatory or inflammatory comments in order to incite responses from other users)
• Encourages conduct that could constitute a criminal offense, gives rise to civil liability, or otherwise violates any applicable local, national or international law or regulation
• Transmits or posts any unsolicited or unauthorized advertising, "spam," or junk mail, including "chain letters," "pyramid schemes," and the like
• Transmits or posts any content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights
• Transmits or posts any viruses or material designed to disrupt, limit or destroy any functionality of any computer software or hardware of users, members or the Wraply.com service
• Collects, stores or solicits information about other users or members for commercial or unlawful purposes, or to engage in commercial activity such as contests and sweepstakes, without prior consent from Wraply Limited.
• Contains personally identifiable information about another member that is published without their express consent
• Contains material originally posted by another member that is reposted without permission or attribution
• Advertises any illegal services or the sale of any items prohibited or restricted by applicable law
• Has misleading email addresses or other manipulated identifiers to disguise its origin

Refunds

Unless otherwise required by applicable law, all payment transactions processed through the service are non-refundable to Organisers and participants and are non-reversible by customers through the service. Except as provided in the preceding sentence, failure of an Organiser or beneficiary to complete or fulfill an event description or purpose, customer dissatisfaction with the product or the payment transaction, fraud and other disputes regarding transactions shall not entitle customers to a refund of the payment amount or a reversal of a payment transaction. Customers may seek to resolve a dispute directly with each other regarding a payment transaction or a product outside of the service to the extent permitted by applicable law.

Wraply.com is not a banking institution

Wraply.com processes payment transactions for group events on behalf of customers. Wraply.com is not a bank or other chartered depository institution. Funds held by Wraply Limited or its service providers (including any bank service providers) in connection with the processing of payment transactions are not deposit obligations of customers and are not insured for the benefit of customers.

Suspension of service

Wraply.com, in its sole and absolute discretion, may limit or suspend customer use of the service at any time. If Wraply.com decides to suspend a customer's use of the service, Wraply.com will attempt to notify the buyer by electronic mail. Wraply.com's suspension of Customer use of the service will not affect buyers' rights and obligations pursuant to these Terms and Conditions for buyers, arising prior or subsequent to such suspension.

No representation as to customer identity

Wraply Limited shall have no responsibility to a customer or any other person to investigate the background of, or confirm the identity of other customers of the service, except to the extent required by applicable law.

Termination of service

Wraply Limited may, in its sole and absolute discretion without liability to customers or any third party, terminate a customer's use of the service for any reason, including inactivity or violation of these Terms and Conditions for buyers, or other usage policies established by Wraply Limited

Upon termination of customer use of the service, customers shall remain liable for all payment transactions and any other obligations incurred by those customers. Upon termination, Wraply.com has the right to prohibit customer access to the service. Wraply.com reserves the right to deactivate customer usernames and passwords, and to refuse future access to the service (or its relatives or known acquaintances or if a business entity, its parent, affiliates or subsidiaries or its or their successors) to customers.

Termination by Member

You may terminate your member agreement at any time. Termination of the member agreement also terminates these Terms and Conditions. To terminate your member agreement, you must notify Wraply.com by sending an email to terminate@Wraply.com. After sending you a receipt of your termination notice, Wraply.com will terminate your account.

Disputes

Wraply Limited is not a party to, and shall not be involved in or responsible for transactions, agreements, or disputes between customers arising from the use of the service. In the event of a dispute, buyers agree to release, and do hereby release Wraply Limited and other affiliates, and their agents, contractors, officers and employees, from claims, demands and damages (actual and consequential) of every kind and nature – known and unknown, suspected and unsuspected, disclosed and undisclosed – arising out of or in any way connected with such disputes.

Customers agree not to involve Wraply Limited in any dispute or other litigation arising out of or related to any transaction, agreement, or arrangement with any Organiser, participant, beneficiaries, advertiser or third party in connection with the service. If a customer nonetheless attempts to do so, (i) the customer shall pay all costs and legal fees of Wraply Limited, and other affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such dispute or litigation shall be limited as set forth below.

Indemnification

Customers shall indemnify, defend and hold harmless, Wraply Limited and their agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g. relevant Customers, co-branders and other commercial partners, licensors, licensees, consultants, and contractors) (collectively "Indemnified Parties") from and against any and all claims, liability, loss, and expense (including damage awards, settlement amounts, and legal fees), brought against or incurred by any indemnified party, arising out of, related to, or which may arise from: (i) Customer use of the service; (ii) any breach or non-compliance by customers of any of these Terms and Conditions for customers or any of Wraply.com's policies; (iii) any dispute or litigation caused by customer actions or omissions; or (iv) Customer violation or alleged violation of any law or rights of another.

Disclaimer of warranties

THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WRAPLY LIMITED, AND THEIR SUBSIDIARIES, AFFILIATES, AGENTS, AND CO-BRANDERS AND OTHER COMMERCIAL PARTNERS (COLLECTIVELY, "WRAPLY LIMITED PARTIES"), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE SERVICE OR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICE, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE. EACH WRAPLY LIMITED PARTY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of liability

IN NO EVENT SHALL ANY WRAPLY LIMITED PARTY BE LIABLE TO BUYER OR ANY THIRD PARTY UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY GPC PARTY OR THE SERVICE, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF THE SERVICE, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF THE WRAPLY LIMITED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE AGGREGATE LIABILITY OF THE WRAPLY LIMITED PARTIES TO BUYER OR ANY THIRD PARTY UNDER THESE Terms and Conditions for customers FOR ANY CLAIM IS LIMITED TO THE NET AMOUNT OF FEES RECEIVED AND RECOGNIZED BY WRAPLY.COM FROM THE CUSTOMER'S VALID PAYMENT TRANSACTIONS DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered into these Terms and Conditions for Customers relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, no Wraply Limited Party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labour conditions, and power failures.

Indemnity

YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD WRAPLY LIMITED HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (B) ANY FRAUD OR MANIPULATION, OR OTHER BREACH OF THIS AGREEMENT, BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST WRAPLY LIMITED ARISING OUT OF YOUR USE OF THE SERVICE OR SOFTWARE.

General terms

These Terms and Conditions for customers shall be governed by the laws of England and Wales.

If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The failure of Wraply Limited to act with respect to a breach by you does not waive the right of Wraply Limited to act with respect to subsequent or similar breaches. You may not assign or transfer this agreement or any rights hereunder, and any attempt to the contrary is void. This agreement shall inure to the benefit of and be binding upon each party's successors and assigns. Wraply Limited shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Wraply Limited reasonable control. Any notice required or given to you under this agreement shall be delivered by electronic mail to the email address provided by you during registration. This agreement constitutes the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. As a Wraply.com user, you hereby understand and agree that you are solely responsible for reviewing the terms of this Agreement from time to time. Any continued use of the software or service by you after such amended terms have been posted or information regarding such amendment has been sent to you, shall be deemed your consent and agreement to such amended terms.

Notice

In addition to the electronic communications authorised under the section entitled, "Use of Electronic Communications", statements, notices and other communications to Customers may be made by mail, email, postings on the Wraply.com Web site or other reasonable means. Wraply.com may also provide notices of changes to the Terms and Conditions for Buyers or other matters by displaying links to notices on the Wraply.com Web sites. Notice to Wraply.com may be made by mail to the address provided in Wraply.com's contact information area.