Welcome! 

Hello, we’re Collection Pot. Through our platform (accessible on our website https://www.collectionpot.com) our users can set up different collection pots (“Pots”) as creators (each a “Creator”) to allow a group of individuals to contribute money for the benefit of someone or for a special event (a ”Recipient”) (collectively, our “Services”).  

Collection Pot Europe Limited is a limited company registered with the Companies Registration Office in Ireland (company number 728944) with a registered address at 40 Mespil Road, Dublin 4, Ireland (“we”, “us” and “our”). We are not directly regulated by the Central Bank of Ireland and we have partnered with third-party financial institutions (each a “Payment Services Provider”) to provide you with our Services (as detailed in the relevant Parts below)

How to get in touch 

If you’d like to get in touch with us about our Services, please contact us at hello@collectionpot.com.  

If you have a user account with us on our platform (a “Platform Account”) don’t forget to check your emails as that is normally how we will contact you about your Platform Account or any Pots you created with us. 

Our terms with you 

These Terms and Conditions (the “Terms”) are split into the following parts: 

Part 1: Contributing money to a Pot 

Part 2: Your Platform Account with us and how Pots work 

Part 3: Products 

Part 4: General terms and conditions 

We recommend reading these carefully to familiarise yourself with our Terms and understand how our Services work. 

Where you have created a Pot with us as a Creator, please be sure to also read your agreement with the relevant Payment Services Provider carefully, which is separate to these Terms. You can find more information about this and our relationship with any relevant Payment Services Provider in Part 2 of these Terms. 

Part 1: Contributing money to a Pot 

1. How to make Contributions 

1.1 You can contribute money to an existing Pot (a “Contribution”) via our platform either: 

  1. directly via your Platform Account with us if you are also the Creator of the Pot, or  
  2. by following the link sent to you by the Creator of the Pot if someone else is the Creator. 

1.2. You do not need to have a Platform Account with us to contribute to someone else’s Pot. If you do not have a Platform Account with us we will ask you for your full name and email address before you make your Contribution. 

1.3. In order to contribute to a Pot, you will be required to provide information regarding your debit or credit card or other payment method that you have selected. You represent and warrant to us that such information is true, current, and accurate and that you are authorised to use the applicable payment method you have selected. You also agree that certain limits may apply to your Contribution (as set by the Creator) and that all Contributions are final and will not be refunded, except in the instances set out in clause 4.2 of this Part 1. 

2. Important provisions about your Contributions  

2.1. Please note that we are not an authorised payment institution and we do not hold any of your money when you make a Contribution via our platform. Instead, we use a Payment Services Provider (in this case Checkout Ltd) to process all Contributions for us. You acknowledge and agree that the use of such Payment Services Provider from our side is integral to the processing of Contributions and that we exchange certain information about you and your Contributions with this Payment Services Provider in order to facilitate these activities. For more information about how we use, share and protect your personal data please take a look at our Privacy Policy. The Payment Services Provider(s) will also have their own privacy policy which you should look at for further information about how they also use, share and protect your personal data. 

2.2. All Contributions are at your own risk. When you make a Contribution through our platform, it is your responsibility to understand and confirm with the Creator how your money will be used. We are not responsible for any offers, promises, rewards or other promotions made or offered by a Creator or another contributor. We do not and cannot verify the information that Creators or other contributors supply, nor do we represent or guarantee that the Contributions will be used either in accordance with any specific purpose prescribed by a Creator or another contributor or in accordance with applicable laws.  

2.3. Nevertheless, we and our Payment Services Providers take possible fraudulent activity and the misuse of funds reported to us very seriously. If you have reason to believe that a Creator is not raising or using any Pot funds for their stated purpose, please contact us at hello@collectionpot.com to inform us of this potential issue and we will promptly investigate. 

2.4. You acknowledge and agree that we and our Payment Services Provider have the right to: 

  1. reject your Contribution for any reason in accordance with our policies and procedures, and 
  2. change the acceptance of any particular payment method at any time or introduce new payment methods. 

3. Contribution Fees 

3.1. We may charge you a transaction fee when you make a Contribution. The transaction fee will be automatically deducted from your Contribution total before it reaches the relevant Pot. You will be able to see any applicable fees before submitting your payment instructions on our platform.  

3.2. Before finalising your payment instructions you will also be given the option to top-up your Contribution with an additional voluntary amount to cover processing fees and platform costs, however this is not obligatory, but helps us develop and enhance our Services. 

3.3. To learn more about how we charge and calculate our transaction fees, please visit the ‘Pricing’ section of our website. 

4. What happens after your Contribution is concluded 

4.1. We will always try to issue an electronic confirmation via email to you once the Contribution has been concluded. However, please note that any failure by us to issue an electronic confirmation will not prejudice or affect the relevant Contribution and we will not bear any liability whatsoever resulting from the failure to issue an electronic confirmation. 

4.2. Contributions will be credited to the relevant Pot immediately upon successful execution and the Pot balance will also be updated accordingly. However, in some cases we may need to provide you with a full refund of the value of your Contribution together with any transaction fees paid, including if: 

  1. we or the Payment Services Provider has made a mistake when executing your Contribution, 
  2. we have decided to close the relevant Pot for any reason in accordance with Part 2 below, or 
  3. your transaction is reversed due to security, regulatory or legal reasons, or on the instructions of the Payment Services Provider. 

Subject to clause 4 of Part 3 below, you agree that we are not liable to you or to any third party for any claims, damages, costs, losses, or other consequences caused by us issuing such refunds. 

Part 2: Your Platform Account with us and how Pots work 

Note: This Part 2 will only apply to you where you have a Platform Account with us. 

1. Opening a Platform Account with us 

1.1. To be eligible to open a Platform Account with us and create Pots as a Creator, you must:  

  1. be at least 18 years old,  
  2. be a resident of the European Economic Area (“EEA”), and 
  3. not currently have another active Platform Account with us. 

1.2. You’ll also need to provide us with some important information about yourself, such as your address, contact details (such as a valid email address and phone number), nationality, and date of birth so that we may verify your identity in order to comply with our customer due diligence requirements, our internal procedures and any request from our Payment Services Providers. In the event that we reject your application for a Platform Account with us, in our sole discretion, we will not be required to provide you with a reason. 

1.3. If any of this information changes (like your contact details or your full name), or you are no longer eligible to have a Platform Account with us, you must let us know right away by contacting us through our platform. We may also make additional enquiries from time to time (whether directly or through third parties) we think necessary to verify your identity and to manage our risk in connection with your Platform Account or any Pots you create, or are the Recipient of, (for example to protect you and/or us against fraud or other financial crime) and to take any action we believe is necessary based on the results of such enquiries. Information collected from you will be shared with credit reference and fraud prevention or financial crime agencies, or our Payment Services Providers. 

1.4. For more information about how we use, share and protect your personal data and our reasons and legal basis for doing so, please see our Privacy Policy. 

1.5. When logging into our platform you’ll find important information about your Platform Account such as (a) your Pot balances and any recent Contributions that have been made and by whom, where you are the Creator of the Pot, and/or (b) information about any Pots created by others for you as the Recipient.  

2. Creating a Pot 

2.1. With your Platform Account you will be able to create one or more Pots as a Creator by selecting the “Create a Pot” option on our platform. 

2.2. You acknowledge and agree that each Pot you create: 

  1. on or after [Modular Launch Date] 2024 is an electronic money account in your name that is provided to you directly by one of our Payment Services Providers (Modulr Finance B.V., an electronic money institution authorised and regulated by De Nederlandsche Bank N.V. (“DNB”) in the Netherlands with reference number R182870). We are not authorised to provide any payment services in any jurisdiction.  Where Modulr Finance B.V. agrees to open a new Pot for you in their sole discretion, only once any Contributor has requested to send funds to the Pot you will have a separate contractual relationship with Modulr Finance B.V. for the provision by them of the electronic money account relating to your Pot and certain other payment services related to your Pot. Further information on your rights and responsibilities and the services provided to you directly by Modulr Finance B.V. is set out in Modulr Finance B.V. Terms and Conditions (the Modulr Terms and Conditions), which you must accept before you create a new Pot; and
  2. before [Modular Launch Date] 2024 (each a “Legacy Pot”), does not constitute one of the accounts set out at clause 2.2.(a) above, and that as such, Modulr’s Terms and Conditions shall not be relevant for, nor apply to, any Legacy Pot.  

2.3. Any Pot you create as a Creator is not a current account, savings account or a deposit account. You will not earn any interest on the funds held in your Pot and no deposit guarantee scheme nor any form of investor compensation scheme available in any EEA state shall apply to the funds held in the Pot.  

2.4. For all Pots (other than Legacy Pots), as an electronic money institution, the Payment Services Provider is required to ensure that all ‘relevant funds’ are appropriately ‘safeguarded’ in accordance with legal and regulatory requirements. This is achieved via the ‘segregation method’ which means that relevant funds received by the Payment Services Provider corresponding to electronic money are held in one or more segregated bank accounts with one of the Payment Services Provider’s partner credit institutions separately from their own funds so that they are protected if the Payment Service Provider becomes insolvent. 

2.5. You can currently create any of the following types of Pots on our platform: 

  1. a “Standard” Pot: this is the most flexible Pot, and it allows each contributor to decide the amount of their Contribution. The Contributions can be spent on gifts, including certain physical goods, electronic gift cards or vouchers from the selection available on our platform (each a “Product”), or transferred directly to the Recipient’s bank account, 
  2. a “Product Only” Pot: this Pot allows the Recipient to spend the Contributions on one or more Products only, and 
  3. a “Set Price” Pot: this Pot allows the Creator to set a fixed amount for each Contribution. The Contributions can be spent on Products or transferred directly to the Recipient’s bank account. 

Please note that you will be able to change your Pot type after you have created your Pot, however we may charge you an administration fee for this. 

2.6. When creating the Pot you’ll be asked to set: 

  1. an end date (the “Contribution End Date”) which will determine when we will stop accepting any other Contributions to your Pot, and 
  2. a Recipient, who will be able to redeem the Pot on the Contribution End Date. This can be the Creator or someone else. A Recipient can redeem the Pot in accordance with the Terms even if the Recipient’s legal name does not fully match the name on the Pot as included on the Pot by the Creator, subject to our right to apply any identification and verification requirements to the Recipient of the Pot. If required, we will amend or require you to amend the name.  

Before the Contribution End Date, you will be able to change the Recipient and the Contribution End Date at any time through your Platform Account, subject to complying with these Terms.  

2.7. Once the Pot is created, you’ll be given a unique link that you can share with your friends, colleagues, or family so they can contribute funds to your Pot.  

3. Important provisions about your Pots as a Creator 

3.1. As the Creator you represent and warrant that: 

  1. all information you provide in connection with a Pot, or the Recipient is accurate, complete, and not likely to deceive any contributors and that you will post updates as needed so that contributors understand the use of funds and any other relevant information about your Pot (including any relevant limits, if applicable), 
  2. all Contributions to your Pot will be used solely as described by you to the contributors, 
  3. if you withdraw Contributions believed by contributors to be raised on behalf of someone other than yourself (i.e. where you are not the Recipient), all Contributions will be given to and/or spent on behalf of the Recipient, 
  4. if you add someone else as a Recipient through our platform, you relinquish control of the Contributions and you authorise the Payment Services Provider to execute any relevant payments to the Recipient directly out of your Pot in accordance with clause 4.3 of this Part 2, 
  5. to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us, and 
  6. you will not provide or offer to provide goods or services in exchange for Contributions. 

3.2. All Pots are set up for group collections, so if a Pot reaches its Contribution End Date with only a single Contribution, or if all Contributions are from the same person, we may decide to refund the Contribution(s) back to the original contributors rather than allow the Pot to be spent or redeemed.  

3.3. We may, at any time, for any reason, without notice, and in our sole discretion, offer or issue a refund of any Contributions made to your Pot with or without consulting with you by automatically debiting the relevant amounts directly from your Pot, which may comprise the entire amount in your Pot, including where: 

  1. the contributor has made an error when submitting their payment instructions to us, 
  2. we or a Payment Services Provider have made an error when executing the contributor’s payment instructions, 
  3. we or our Payment Services Provider cannot execute the Recipient’s instructions regarding the redemption of the Pot for any reason, 
  4. we suspect criminal activity or fraud, 
  5. we are required to do so under law, or by our Payment Services Provider or a regulator, or 
  6. you’ve broken the law (or attempted to break the law) or these Terms. 

Subject to clause 4 of Part 3 below, we are not liable to you or to any third party for any claims, damages, costs, losses, or other consequences caused by us issuing such refunds. 

3.4. Subject to any applicable terms of a Payment Services Provider, you may delete or close a Pot with no Contributions at any time.  

3.5. Unless otherwise agreed with you in writing, each Pot shall have a minimum duration of two (2) business days. 

4. Pot Redemption and Spending  

4.1. When a Pot reaches the Contribution End Date you agree that we will not be able to accept any other Contributions. You can make a request to re-open a Pot after the Contribution End Date on the platform however, we may not always be able to re-open the Pot for you and we will decide whether we can approve your request in our sole discretion. 

4.2. If you are the Creator and you have set yourself as the Recipient of a Pot and, unless you have set-up a Product Only Pot, you’ll be able to select between:  

  1. sending all or some of the funds in the Pot directly to another nominated bank account of your choice held with a third-party financial institution, or  
  2. spending some or all of the funds in the Pot to purchase one or more Products, in accordance with clause 1.1 of this Part 2. 

4.3. If you are the Creator of the Pot and you have set someone else as the Recipient, you will need to provide us with the full name and email address of the Recipient. On the Contribution End Date, we will send an automated email to the Recipient asking them to set up a Platform Account with us in order for them to redeem the Pot. Unless you as the Creator have set-up a Product Only Pot, the Recipient will be able to select between: 

  1. sending all or some of the funds in the Pot directly to a third-party bank account of their choice, or 
  2. spending some or all of the funds in the Pot to purchase a Product, in accordance with clause 1.1 of this Part 2. 

These options will only remain available to the Recipient for a period of 6 months from the Contribution End Date. 

4.4. Where you are the Recipient of a Pot you need to make sure that you give us clear instructions when redeeming the Pot and that you’ve carefully checked any relevant payment details you have provided to us, as we’ll generally assume the instructions you give us are correct. You will not be able to change or cancel any payments made from a Pot as they are processed instantly by our Payment Services Provider. You represent and warrant that you are authorised to use any relevant bank account information that you have provided us to redeem the Pot. 

4.5. We’ll always follow the Recipient’s instructions for the redemption of the Pot funds, but there could be some exceptions where we can't, including where: 

  1. there are not enough remaining funds in the Pot, 
  2. we suspect criminal activity or fraud, 
  3. we are acting on the instructions of our Payment Services Provider, 
  4. we may break the law if we follow the Recipient’s instructions, or 
  5. the Creator or the Recipient is in breach of these Terms or their agreement with a Payment Services Provider. 

4.6. Sometimes we might also need to make checks before we execute the Recipient’s instruction to purchase a Product or make an onward payment, or the Recipient may need to provide us with more information, which may delay things. Where possible, we’ll notify the Recipient when an instruction hasn’t been followed (unless we can’t by law, or for security reasons). Where possible, we’ll also tell the Recipient why this has happened and how they can resolve the issue.  

5. Expiry of the Pot 

5.1. After the Contribution End Date, the Pot will remain open until there are no funds in the Pot, at which point we will automatically close the Pot for you. A Pot with Contributions is not subject to an expiration date.  

5.2. If the Pot is not fully redeemed within 6 months from the Contribution End Date, we will be entitled to charge a monthly administration fee which will be deducted directly from the Pot until the Pot is closed pursuant to clause 5.1 of this Part 2. 

6. Platform Account fees  

6.1. We don’t charge you anything for using your Platform Account or for creating new Pots as a Creator, except where it is necessary for us to charge you an administration fee pursuant to clause 2.5 or 5.2 of this Part 2. You might however have to pay some other fees or taxes from time to time (for example to any third parties for their services), but these are not applied by us and are applied by third party providers.  

6.2. You acknowledge and agree that we may set off any available credit balance in the Pot you created as a Creator in the event you owe us or our Payment Services Providers any fees or debt as they become payable. 

7. Keeping your Platform Account safe  

7.1. You agree to only access your Platform Account using your unique log-in details. You must always ensure that you keep your log-in details and any one-time passwords safe and not disclose them to anyone else or allow anyone else to access your Platform Account on your behalf.  

7.2. If you believe that your Platform Account has been compromised or you do not recognise activity on your Platform Account or Pots, you should immediately contact us at hello@collectionpot.com or by phone on +44 (0)330 1755 428. If you don’t do this and someone makes an unauthorised payment from any of your Pots, we may not be able to refund you.  

8. Closing your Platform Account  

8.1. You can close your Platform Account at any time directly from your Platform Account settings on our platform, provided there are no outstanding balances in any Pots you have created as a Creator. Alternatively, you can request Platform Account closure by contacting our support team at hello@collectionpot.com.  

8.2. We may close your Platform Account, or suspend your access to your Platform Account, if for example: 

  1. you’ve broken the law (or attempted to break the law) or you’ve acted in a way which breaches these Terms,  
  2. you have breached your agreement with the Payment Services Provider, or the Payment Services Provider has suspended your access to their services,  
  3. you’ve not paid us any monies owed to us or a Payment Services Provider on time, 
  4. we reasonably believe it’s necessary in order to protect your Platform Account, 
  5. you fail to meet any due diligence checks conducted by us or our Payment Services Providers,  
  6. we believe you’ll put us in a position where we might break the law or are at risk of action from a regulator, 
  7. you have not given us any information we have requested, or you’ve given us false or incomplete information, 
  8. you are bankrupt, insolvent or can’t pay your debts. 

8.3. Where we have suspended your Platform Account you may not be able to instruct us to send or receive payments in any of your Pots during that time and until the reason for suspending you is resolved. Unless we can’t tell you by law or for security reasons, we will let you know your Platform Account is suspended and where possible explain why. 

8.4. When we close your Platform Account, we’ll return the remaining balance of any Pots you created as a Creator back to the original contributors after we deduct any outstanding payments and charges. 

8.5. Your Pots are limited to use in connection with your Platform Account. If you no longer have a Platform Account with us, all Pots you have created as a Creator will be closed (in accordance with Modulr’s Terms and Conditions), as they are only available to you as a Platform Account holder. 

8.6. Closing your Platform Account doesn’t affect any rights you or we have under these Terms before they are terminated. 

9. How to make a complaint  

9.1. To make a complaint about our Services please contact our support team at hello@collectionpot.com. Complaints will be processed within 15 working days of receipt by us. The complaint will be investigated by us, and we will report the results of our investigation to you. If it relates to funds held in your Pot or any related transaction, we may also escalate your complaint to one of our Payment Services Providers if necessary, including where your complaint is regarding a Pot you created as a Creator.  

9.2. If your complaint relates to your Pot, Platform Account or any financial transaction undertaken through our Services you may be able to refer it directly to Modulr Finance B.V under the provisions relating to complaints included in the Modulr Terms and Conditions, or an applicable regulatory authority (as communicated by us or Modulr, as applicable, from time to time). 

Part 3: Products 

1. General 

1.1. Where you are the Recipient of a Pot and you have selected to use the Pot funds by purchasing one or more Products, you acknowledge and agree that the Products may be offered to you as the Recipient by us via our third-party providers (each a “Product Provider”) or sold to you directly by us (depending on the Product you select to purchase). Different terms will apply when Products are sold to you via one of our Product Providers (see section A of this Part 3), or when Products are sold by us directly (see section B of this Part 3).   

A: Products sold via our Third-Party Product Providers 

1.2. The purchase of any Product via our platform may be subject to the Product Provider’s separate terms and conditions with certain limitations, including specific validity periods or exclusive in-store or online redemption requirements (as applicable). These restrictions are beyond our control, however, whenever possible, we will do our best to provide information for each Product Provider including a link to their terms and conditions, but you may need to access these yourself prior to agreeing to purchase any Product on our platform.  

1.3. If you have chosen to use Pot funds to purchase a Product supplied by one or more of our Product Providers, you agree that such Product Provider(s) will be granted access to your personal data, to the extent such data is necessary to fulfil their contractual obligations to you. The Product Provider(s) will also have their own privacy policy which you should look at for further information about how they also use, share and protect your personal data. 

1.4. We cannot guarantee that a Product from your Product Provider of choice will be available on our platform at all times, and we reserve the right to withdraw or change the Product Providers available on our platform at any time and without prior notification to you.  

1.5. We will not be responsible to you for any actions taken by a Product Provider regarding the redemption of a Product. We are also not responsible to you for any refunds or cancellations of any Product (as applicable), which will be subject to the terms of the agreement you have with the Product Provider, so be sure to check this carefully before confirming your purchase. Subject to clause 4 of Part 4 below, we will not be liable to you for any losses you suffer as a result of a Product purchased through a Product Provider. 

B: Products sold directly by Collection Pot 

1. Orders and Delivery 

1.1. Where you have placed a Product order directly with us, we will contact you to confirm we've received and/or accepted your order. You understand that we reserve the right to reject orders in certain circumstances, for example, because a product is unexpectedly out of stock, because we can't verify your age (where the product is age-restricted), because you are located outside our delivery areas, as stated on our website or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have used for these products to your Pot. 

1.2. If our supply of your Product is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. If the delay is likely to be substantial you can contact our Customer Service Team and we may be able to cancel the order. If the order is cancelled, you will receive a refund to your Pot for any Product you have paid for, but you have not received. 

1.3. We will generally notify you of the dispatch dates available and the expected timeframe for receiving your Product. However, we do not guarantee delivery dates or times. We will make you aware of delivery charges (if any) before you place your order. 

1.4. A product's true colour may not exactly match that shown on your device or in our marketing, or its packaging may be slightly different. The images of the products on our website or our Product Providers’ websites are for illustrative purposes only. 

1.5. Please note that if certain Products are unavailable, we may substitute them with alternative Products unless you request us not to do so while placing your order. Please contact our Customer Service Team as soon as possible if you would like a refund to your Pot instead of the substitute Product. 

1.6. If we're making or supplying the Product to specific measurements or other specific instructions you provide (such as any personalisation), you're responsible for making sure those are correct. Please double-check your order on screen and your acknowledgement email carefully to check that all the details are correct.  

1.7. If you are uploading a photograph, video or audio file you must ensure that you have obtained all relevant permissions to use the photograph, video or audio file from any persons in the photograph, video or audio file and that the photograph, video or audio file is otherwise appropriate to upload.  

1.8. By uploading or including any content or material (including but not limited to photographs, graphics, text and other material) (“Creator IP”) in a personalised Product, you grant us a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that content or material solely for the purpose of performing our obligations under these Terms and exercising any rights you may grant to us. Please note that we may modify content or material in order to conform it to the requirements of the Product you have ordered (such as by cropping images). 

1.9. If you use third party copyright in any personalised Product, it is your responsibility to ensure that you seek permission from the copyright owner. We will not accept any liability whatsoever if any Creator IP infringes third party copyright. You agree to indemnify, defend and hold us harmless against any third-party claim of infringement for use of such third party’s intellectual property on the personalised Product. You will be held responsible for any fees and third-party damages we may have to pay to a third party because of such infringement and you will be liable to reimburse these payments to us in full.  

1.10. You shall not use or include any Creator IP or any other content on any personalised Product which: 

  1. infringes any third-party intellectual property rights; 
  2. is in breach of any applicable laws; 
  3. is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience, or needless anxiety to any person; 
  4. misrepresents identity or impersonates any person;  
  5. includes personal data about another person, such as their address, phone number, or email address, except with the approval of that person;  
  6. is pornographic, obscene, indecent or offensive, has sexual connotations or promotes sexually explicit material; 
  7. promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, is inflammatory or that may incite hatred or violence against any person or group;  
  8. may harass, upset, embarrass or alarm any person;   
  9. may be used to bully, insult, intimidate or humiliate any person; 
  10. encourages, promotes or provides instructions for deliberate self-harm, suicide or an eating disorder or behaviours associated with an eating disorder; 
  11. gives the impression that it originates from or has been approved by us, our partners and licensors, whether by reference to our/their name or otherwise;  
  12. may violate the integrity and reputation of our name, and the names of our partners and licensors;   
  13. advocates, promotes or assists any unlawful act;  
  14. includes or makes reference to illegal drugs; or   
  15. makes reference to politicians' names and/or political statements. 

1.11. The rights and ownership to the Creator IP will remain yours, or the person who gave you permission to use the Creator IP. 

2. Your legal right to change your mind 

2.1. For most of our Products, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it. You can't, however, change your mind about an order for: (i) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; (ii) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; (iii) Products that are made to your specifications or are personalised, including gift cards; (iv) goods which become mixed inseparably with other items after their delivery; (v) digital products after the Recipient has downloaded the digital product; or (vi) perishable goods, such as food, drink and flowers, which deteriorate rapidly. 

2.2. If you change your mind about a Product, you must let us know no later than 14 days after:  

  1. the day we deliver your Product, if it is goods. If the goods are for regular delivery (for example, a subscription), you can only change your mind after the first delivery. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery; or  
  2. (ii) the day we confirm we have accepted your order, if it is for digital content for download or streaming, although you can't change your mind about digital content once we have started providing it. To let us know you want to change your mind, contact our Customer Service Team. 

2.3. Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms will not limit your legal rights and remedies under that legislation. These Terms will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and that legislation, the mandatory provisions of the legislation will apply. 

3. Returns and Refunds 

3.1. If your Product is in the form of goods, you have to return the Product (including any free gifts provided with it) to us within 14 days of your telling us you have changed your mind.  

3.2. Returns are at your own cost, unless we (or our applicable Provider) offered free returns when you bought the goods. In the event your goods (including gift cards or vouchers) are faulty or misdescribed, you may be entitled to have the goods collected free of charge or to be reimbursed for the reasonable costs of returning them. 

3.3. You should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time may not refund you the price. For help with returns, including our collection arrangements for Products which can't be posted, see our Returns Process. 

3.4. Any refunds will always be made to the applicable Pot unless we agree with you otherwise. We don't charge a fee for the refund.  

3.5. We don't refund any extra you have paid for express delivery or delivery at a particular time.  

3.6. If you handle the Product in a way which would not be acceptable in-store, we may reduce your refund, to compensate us for its reduced value. For example, we may reduce your refund if the Product’s condition is not "as new", price tags have been removed, the packaging is damaged, or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Service Team can advise you on whether we're likely to reduce your refund. 

3.7. If your Product is digital content or goods that haven't been delivered or that we're collecting from you, we will refund you as soon as possible and within 14 days of you telling us you've changed your mind. If your Product is goods that you're sending back to us, we will refund you within 14 days of receiving them back from you (or receiving evidence you've sent them to us).  

Part 4: General Terms and Conditions 

1. General restrictions when using our Services 

1.1. You may not use any of our Services to in any way: 

  1. violate any applicable law, regulation, industry requirement, or third-party guidelines, guidance or agreements by which you are bound, including those of our Payment Services Providers (as applicable), 
  2. knowingly participate in any fundraisers that are fraudulent, misleading, inaccurate, dishonest, or impossible, 
  3. transmit or upload content that we deem, in our sole discretion to be harmful, abusive, racially, or ethnically offensive, defamatory, harassing, or otherwise objectionable, 
  4. infringe the intellectual property rights of others, including copyright, trademark, patent, or trade secret rights,  
  5. promote activities with, in, or involving countries, regions, governments, persons, or entities that are subject to economic sanctions under applicable law, 
  6. buy, sell, trade, or engage in other cryptocurrency-related transactions, 
  7. promote or participate in gambling, gaming and/or any other activity with an entry fee and a prize including, but not limited to raffles, casino games, sports betting and other ventures that facilitate gambling, games of skill or chance, promotions involving monetary rewards or competitions, 
  8. attempt to bypass or otherwise circumvent the designated method of payment as provided by our Payment Services Providers via our platform, 
  9. attempt to access another user’s Platform Account with us or conducting activities that infringe on the privacy and rights of others,  
  10. collect or provide funds for any purpose other than as described in the description of the relevant Pot, and 
  11. promote or participate in any other activity that we may deem, in our sole discretion, to: (i) be unacceptable or objectionable, (ii) restrict or inhibit any other person from using or enjoying our Services, or (iii) expose us, our employees, Payment Services Providers or users to any harm or liability of any type. 

2. Intellectual Property 

2.1. All information, data and copyright material contained in our Services, our platform and website, including any trade marks (whether registered or unregistered), trade names, brands and logos belong to us or its licensors who have given us permission to use them. We and our licensors are and shall remain the owner or licensee of all intellectual property rights in our Services and the material or content published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Unless expressly provided under these Terms, we do not grant to you any rights in any of our Services which shall at all times remain the sole and exclusive property of us or our licensors.  

2.2. Any material or content you upload via our Services (whether as the Creator or a contributor) which is displayed on our platform will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content or material, but when you upload your content you grant us a worldwide, non-exclusive, royalty-free, transferable, sub-licensable licence to use your content, including to reproduce (e.g. copy), adapt, make derivative works (e.g. to translate and/or create captions), perform and communicate your content to the public (e.g. to display it), for the purposes of operating, developing, marketing and providing our Services.  

3. Updating these Terms or amending our Services 

3.1. We may update these Terms from time to time. We’ll give you at least 2 months’ notice of any changes to these Terms via email and via our platform, and we’ll specify the date those changes will come into effect.  

3.2. In some cases, we may not notify you in advance, but that would only be where:  

  1. we need to make a change to the Terms comply with law and we can’t give you notice in advance, or 
  2. there are minor changes to the Terms that do not affect the way you already use our Services. 

3.3. Unless you tell us otherwise before any changes take effect, we’ll assume you are happy to accept them. If you are not happy with the changes you can always close your Platform Account at any time and we will not charge you anything for this. 

3.4. You understand that we reserve the right to modify, suspend or discontinue, temporarily or permanently, our Services (in whole or in part) at any time and for any reason, and, to the extent permitted by applicable law, without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom. While we will endeavour to provide notice of planned modifications or disruptions to our Services, this may not be possible in the case or unplanned outages or legally mandated changes. 

4. Our liability to you 

4.1. You understand that all our Services are provided on an “as is”, “as available” basis. To the fullest extent permitted by applicable law, we make no representation or warranty about our Services including any representation that it will be uninterrupted or error-free and we disclaim any implied or statutory warranty, including accuracy of data or fitness for a particular purpose. 

4.2. If we do (or fail to do) anything that creates any costs for you, we’ll generally be responsible for those costs, but there are a few exceptions. We will not be responsible to you for any: 

  1. loss where you acted fraudulently or have been very negligent, 
  2. loss where you have refused to provide us with any information we have requested or any information you gave us is false or incomplete, 
  3. loss as a result of the inaccuracy of any postings, publications or information posted on our platform by other individuals that access to our Services, 
  4. loss incurred as a result of you accessing hypertext links or any other links of any kind set up on our platform that may lead you to websites published by third parties, or applications whose content we do not control, 
  5. loss caused by something outside our reasonable control, or 
  6. loss where you’ve broken these Terms or your agreement with a Payment Services Provider (as applicable). 

4.3. We’ll always be liable if we act fraudulently, and these Terms don’t exclude or limit our liability to you where it’s against the law for us to do so. 

5. Your liability to us 

5.1. If you breach these Terms and it creates costs for us, we may recover those costs from you. This could include the costs of tracing you and taking steps to deal with the issue, enforcing the payment of any money you owe us or our Payment Services Providers, or the costs of third-party claims against us arising from you breaking these Terms. We may also charge for communicating with you about what has happened. 

6. Other important terms 

6.1. We might assign or transfer our rights under these Terms to another company. You cannot transfer your rights under these Terms to another person or company. 

6.2. The laws of England and Wales apply to these Terms and English courts will settle any disputes. If a court decides that we can’t rely on a particular part of these Terms this will not stop the rest of the Terms from applying to you.