Terms & Conditions

Welcome to SURPRISYGIFT!

SURPRISYGIFT is a platform where people can have easy and safe access to giftcards of Participating Merchants. Encouraging and supporting people seeking your goods and/or services, Surprisygift has been designed to act as mediator and bring together Participating Merchants and people seeking their services. We aim to be as transparent as possible as to provide you the best experience when making your own selection.

By accessing this website www.surprisy.com (hereinafter referred to as the "Website") and the related websites, services, applications or tools (collectively referred to as "Surprisygift”; us"; "we"; "our", the “Sites”), you agree to these Terms and Conditions and are bound by them, which are designed to ensure that works for everyone.

These terms of use constitute a legally binding agreement between you and SURPRISYGIFT LTD (hereinafter the "Company"). The Company is duly registered in accordance with the laws of the Republic of Cyprus under registration number ΗΕ 429865.

These terms apply to your use of Surprisygift’s Sites, our services and operation of your account. You need to ensure that you have familiarized yourself with these terms prior to using Surprisygift’s Sites. By entering our Sites, you acknowledge that you understand and agree to be bound by these terms. If you have any questions about these terms or Surprisygift, please contact us directly.

We may change these terms from time to time and at any time by posting the amended terms on our Sites. All changes will become effective from the date that they are posted and shall be deemed to have been accepted by all users of our Sites as from the time and date that they are posted. The user of Surprisygift is under the obligation to read and accept the Terms and Conditions prior to proceeding. If you do not agree to these Terms of Use, you must not use our Sites.

Any reference to “End-User”; “You”; “you”; “your” shall mean any user of Surprisygift who is purchasing services from Participating Merchants by using the Sites, material, information, services and products provided through our Sites. The gift voucher can be used either by the End-User or by any third party that has received the gift voucher (the “receiver”).

Any reference to “Participating Merchant (s)” shall mean any merchant, holder of a “Participating Merchant Account” and/or service provider listed on Surprisygift’s Sites who might be interested in offering services through our Sites.

Your use of our Sites is also subject to the Privacy Policy and Cookies Policy.

How Surprisygift works

To access our services, you must open either a User Surprisygift Account or a Participating Merchant Surprisygift Account, subject to whether you are an End-user or a Participating Merchant. The User Account and the Participating Merchant Surprisygift Account shall be collectively hereinafter referred to as the Surprisygift Accounts.

The opening of a User Account is free and it is subject to the present terms and conditions.

The opening of a Participating Merchant account is subject to a separate and specific terms and conditions as these are applicable only to Participating Merchants.

Services

The list of services as these are provided by the Participating Merchants through Surprisygift (collectively referred to as the “Services”) is accessible here.

Participating Merchants are merchants, acting as independent contractors who can promote their services through the Surprisygift Platform by enabling the purchase of gift vouchers for their services. Surprisygift does not employ the contractors but rather it only provides them the platform acting as online intermediation service provider. Each contractor must apply all reasonable measures and shall be responsible for their services.

Surprisygift Platform lists the identity and services as these are provided by Participating Merchants.

All Participating Merchants must hold a valid certification/license/accreditation evidencing that they are recognised and authorised in the country/countries to provide their services. Participating Merchants need to be properly qualified to provide the services that they list.

IMPORTANT: Surprisygift does not endorse any services and/or goods of any Participating Merchants and does not assume any responsibility for the quality of their services.

You are reminded that:

Surprisygift provides NO Services;
The service, event and Participating Merchant recommendation section called “explore” should NOT be taken as a recommendation of Surprisygift. Rather, it should be viewed as a list of services, events, Participating Merchants to browse on;
Surprisygift has NO liability in terms of quality and safety of services provided by Participating Merchants;
We simply act as an online intermediary service provider, a medium that gives both parties enough tools to research and make informed decisions;
Surprisygift is NOT liable or responsible for the Services and practices provided by Participating Merchants;
Surprisygift is NOT liable for any harm/damage caused by a Participating Merchant to the User;
We try our best to verify the license, certificates and any other document or qualification as these are required by the Participating Merchant to practice. We provide different levels of verification to enable the End-user to make informed decisions. End-users have responsibility for their own choice to purchase a service;

You are requested to responsibly select a service in accordance with your own preferences. Surprisygift helps you to make your personal responsible decision by being as transparent as possible. This is achieved through having available to you as many details as possible in order to have a completed, objective and informative decision when choosing your Participating Merchant. You must acknowledge that your selection was freely concluded without any external factors, encouragement or inducement.

Information available for each Participating Merchant

Each Participating Merchant will be requested to provide information which should be visible to you. This includes the business identity, a photo of the Participating Merchant (if necessary in accordance with the services offered), the services that are offered, a brief description of the services that are offered, the place of business / location, years of experience, any awards or recognitions, whether group bookings are available and the license/certificate/qualification/accreditation along with the recognition to be practicing in the country that they provide the service.

To ensure satisfaction, Participating Merchants need to accurately describe and clarify the kind, level and all the necessary particulars and details of the service to be provided so as to avoid any disappointments or dissatisfactions. At all times, you may also view the reviews of the Participating Merchants as these are posted from Users who have previously used their services.

Contact, bookings and reviews

If you are interested in a particular service, you may contact the Participating Merchant by phone call for the services that are offered.

Through the particular feature, you can discuss with the Participating Merchant about booking a meeting and you can request further details for the service. You may book the service with the Participating Merchant at a specific date and time by selecting ‘Book the service’.

Surprisygift, in its attempt to create a safe space, requests every End-user that has used a service from a Participating Merchant, to leave a review of your experience. You can give a brief description, write your personal experience with the Participating Merchant and post your feedback. The option of writing a review for the Participating Merchant is only available to End-users who have personally experienced their services and it is only optional and not obligatory. Surprisygift aims to keep a safe balance on the reviews and we do our best to exclude any external motives, factors or unfairness. The reviews will be able to be written anonymously.

Contact, bookings and reviews

If you are interested in a particular service, you may contact the Participating Merchant by phone call for the services that are offered.

User Account – subscription terms

You, as End-User, must sign up for a User Surprisygift account to access, view and/or book the services through Surprisygift (collectively hereinafter referred to as the “User Account”) either for you or for a third-party which shall be the receiver of the gift voucher. Opening a User Account is free. We collect some basic information so as to identify the individual who is interested in the services such as, name, username, password, email, date of birth, phone number and country. Alternatively, you can open a User Account by logging in through their Facebook account, Google account. We further collect a few information for a better experience for the user which refer to the user’s personal preferences and demographics. When users book a service, they are also requested to insert their card’s or bank account’s details.

Your account may only be used by 1 (one) individual and the maximum people that are allowed to use a single profile is 1 (one).

Payment policy

Surprisygift does not charge fees for the opening of a User Account. Surprisygift collects the payment on behalf of the Participating Merchant in its capacity as an agent and thereafter transfers the redeemed amount to the Participating Merchant.

Refund Policy

Cancellation

No refund is available in case of cancellation.

Dissatisfaction

If you are dissatisfied or unhappy with a Participating Merchant’s service, we will evaluate your issue on a case-by-case basis and, at our discretion, take steps to resolve any issue. This includes without limitation to help you find a new Participating Merchant, extending and/or issuing partial refunds when after carefully examining there are valid points and reasons for such refunds.

For all refund situations mentioned in this section, a request for refund will be assessed on a one-by-one basis and it will be offered only in extraordinary cases where according to our discretion the user deserves to receive a refund.

Refunds for every scenario mentioned above will take up to 30 (thirty) business days. We ask you to wait until the specified timeframe for the money to be returned to your account before proceeding with any other action.

Cancellation, termination and suspension

Surprisygift in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of your account for any reason at any time. Such termination will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. Surprisygift reserves the right to refuse the opening of a User Account to anyone for any reason at any time.

Surprisygift reserves the right at their sole discretion to terminate and/or cancel a User Account in case this account is reported by any other third party. In case your account is reported, each case will be considered individually and at Surprisygift’s sole discretion.

Modifications to the services.

Surprisygift reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, its services with or without notice. You may receive an email to get notified of any potential updates of the Terms and Conditions.

Surprisygift shall not be liable to you or to any third party for any modification, price change, suspension or discontinuation of your account or any Surprisygift features or function.

DISCLAIMER - Exclusion and limitation of liability

You should not treat the information that circulates on the Sites as any form of inducement, encouragement, psychological, emotional or professional advice. Surprisygift is not liable for the content, advice, validity, information, suggestions, encouragement or guidance that Participating Merchants provide. The aim of Surprisygift is to provide easy access to Participating Merchants who could promote goods and/or services.

We solely provide you with information that will enable you to make an informed decision that you feel comfortable being liable about and accountable for. We strongly recommend you to look into the verification level of the Participating Merchant and to look into the reviews the Participating Merchant has.

We accept no liability for any material, information, links, language, hate speech, cat-fishing impersonation whatsoever used through our Sites. We do not give any warranty nor make any representation about any information and/or personal data presented through our Sites.

You are the sole responsible person for protecting your privacy, location and any personal data. Surprisygift is not liable for any incidences which occur with the collection of data through the Sites such as personal information and personal circumstances.

Surprisygift is putting reasonable efforts to evaluate the Participating Merchant’s accounts before they are listed on the platform, regularly checks any reports by the users or Participating Merchants and regularly checks the feedbacks that have been posted. Surprisygift will not be responsible if you rely or act upon on any information which is offered by the Participating Merchants listed on the Sites. Surprisygift does not guarantee that Participating Merchants selected by the users satisfies their needs and that the information offered by Participating Merchants is valid, safe and/or accurate. More specifically, we assume no responsibility in the case where an individual was approved as a Participating Merchant after presenting false information. We do our best to verify all certificates and we try to revisit Participating Merchant certificates periodically to ensure their validity.

We will exercise professional diligence in providing our services to you and in keeping a safe, secure and error-free environment. Provided that we have acted with professional diligence, we do not accept responsibility for losses not caused by our breach of these Terms or otherwise by our acts; losses that are not reasonably foreseeable by you and us at the time of entering into these Terms; and events beyond our reasonable control. Surprisygift does not represent the Participating Merchants. It merely provides the platform where they, as independent contractors, list their services. Surprisygift is not the employer of the Participating Merchants and each of them shall be responsible for their actions or omissions. Surprisygift shall not be liable for any consequences of the services that are offered by the Participating Merchants including, but not limited to, its quality, its effectiveness, its efficiency, its satisfaction, its accuracy, its suitability, its safety. You hereby agree that your decision to receive a service from a Participating Merchant listed on our Sites was freely concluded and all relevant information was available to you when making the decision. You agree that Surprisygift is not liable for any damages of any kind for any reason arising out of, or related to, acting on information or advice of a Participating Merchant listed on the Sites.

To the maximum extent permitted by applicable law, in no event shall Surprisygift, its affiliates and partners be liable under the law of tort (including negligence), contract or otherwise for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including but not limited to damages for personal injury, death, damage to property, loss of use, data or profits, misuse of the system arising out of or in any way connected with the use or performance of the Sites, the performance or non-performance of any of our obligations under these terms or otherwise out of your use of Surprisygift, the delay or inability to use the Sites or related services, the provision of or failure to provide services or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of any site, whether based on contract, tort, negligence, strict liability, or otherwise, even if Surprisygift or any of its partners have been advised of the possibility of damages. Surprisygift, its affiliates and partners accept no liability for any kind of damage or loss arising out of, or in any way connected with the use or performance of the Sites.

If you do not agree with any portion of the Sites or with any terms of use, your sole and exclusive remedy is to stop using the application or delete your account.

Exceptions to Liability Limitations

Nothing in these terms excludes or limits Surprisygift’s (or its affiliated companies’, contractors’, subcontractors’, directors’, officers’, employees’, agents’, third party suppliers’ or licensors’) liability to the extent that it cannot be excluded or limited by applicable law.

No Prejudice to Consumer Law

As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, affects your rights as a consumer to rely on such mandatory provisions of local law.

Our intellectual property

We own, control or have the right to use and provide the Website and the Sites and all content on or from these such as data, text, images, articles, photographs and illustrations.

Surprisygift owns and has trademarked both the name and the logo in Cyprus. You may not use the name “Surprisygift”, “SG” “SurprisyGift”, “surprisygift” or its logo in any color for any use.

The Surprisygift’s services, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including the mobile device applications, and all other elements of the Surprisygift’s services (collectively, the “Materials”) are protected by the EU’s copyright, patent, trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All materials contained in Surprisygift are the property of Surprisygift or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on Surprisygift are proprietary to Surprisygift or its affiliates and/or third-party licensors. Except as expressly authorized by Surprisygift under this Agreement. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise use the Materials.

You may not display or distribute the content of any part of Surprisygift’s sites or its content with any third-party or in public, including any reproduction in any form on the Internet, without our express permission.

Any infringement of our intellectual property rights will be fully enforced under the laws of the Republic of Cyprus.

Your information

Information of this type may include, for example, your IP address, your usage statistics, location etc. We will also record your contact details and any related personal details that you supply or that we obtain independently.

You may at any time make a written request to see any personal information that we hold or to ask us to correct any mistakes in that information.

Your information is protected by our Privacy Policy

We do our best to assess every Participating Merchant who uses our Sites before their profile is listed on the Platform. We apply every method available to us in order to minimize any risks and to discourage any misrepresentation, misleading information and/or any kind of improper conduct.

Surprisygift does not accept any claims for loss as to the information and/or data that you have provided in the operations of our Sites.

Use Outside Cyprus: Surprisygift’s services are controlled and offered by Surprisygift from Cyprus and, regardless of Your place of residence, your use of them is governed by the law of Cyprus. Surprisygift makes no promotion or representations that the Participating Merchants services are appropriate or valid to be received in other countries or are legal in all jurisdictions.

Where applicable, every Participating Merchant must have the appropriate license/ issued by the relevant competent authority to provide the particular service and/or have their professional qualification recognised in the country they wish to offer their services. It is the Participating Merchant’s responsibility to ensure that they comply with the relevant requirements and to follow the obligatory procedure to offer the respective services in the respective country.

Those who access, use or are listed on the Sites from other countries are doing so at their own risk and are responsible for compliance with local law. You consent to transfer and processing of Your data in Cyprus and any other jurisdiction throughout the world. Please see our Privacy Policy for more information on how we temporarily store, use and transfer your data.

E-mail policy

This demonstrates our firm commitment to your privacy and the protection of your information.

If you or the gift voucher receiver received an email and/or text message from us, your or the gift voucher receiver’s email address and/or mobile phone number has been listed with us either:

As someone who has expressly shared this email address and/or mobile phone number for the purpose of receiving information from us, or;
You have created an account with us or;
You have breached these Terms or any of our policies.

Each email we send you contains an easy, automated way for you to unsubscribe from our mailings. To unsubscribe simply follow the instructions at the end of any email. You will never be emailed again. (Note: We retain the right to email you in the case of critically important information. For example, our system is about to change in a way that may cancel your actively used account. We assume you’d like to know about information as important as this. We expect this type of email will be few and far between, if ever.)

Our responsibilities

We will provide access to Surprisygift and do our best to ensure that both the Website and the Sites operate reliably and consistently. We do not guarantee however that they will operate uninterrupted without any faults. To ensure your satisfaction, we regulate situations when there is a technical failure from the user’s or the professional’s end and/or for disconnections.

Further if you are unhappy with a service provided by a Participating Merchant through Surprisygift, we will carefully examine this case in order to resolve this issue.

We are not responsible for any losses suffered by you as a result of: any interruption of Surprisygift on however caused; hacking or cyber-attack of the Sites; suspension or termination of your access to the Sites or cancellation of your account; your use of the Sites.

Your responsibilities

Access to your account is granted by your designated username and password. You may change your password at any time.

You are responsible for ensuring that no unauthorized access is obtained through your account. You will be exclusively liable for all activities conducted through your account whether or not authorized by you, until the time we are notified of such unauthorized use.

If we have reason to believe that you are breaching the security or you are misusing the Sites, we may suspend your account without notice.

You may not create alternate accounts for any purpose whatsoever. In case Surprisygift suspects the creation of such alternate accounts, it reserves the right at its sole discretion to terminate any of your active account without any notification to you.

General responsibilities

We try to make Surprisygift broadly available to everyone, but you cannot use Surprisygift if:

you are under 18 years old;
we have previously disabled your account for breaches of our Terms or Policies;
you are prohibited from receiving the services or software under applicable laws.

We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments.

You are responsible for:

ensuring that all information you provide to us, is correct and complete;
ensuring that your use of the Sites and the services is lawful;
ensuring that you have booked the service for yourself and/or a third-party receiver of the gift voucher and your account’s details refer and belong to you;
ensuring that your actions are in line with the purpose of Surprisygift;
complying with these terms, and any of our policies relating to your use of the Sites;
complying with all other lawful requirements relevant to your use of the Sites;
keeping us informed of any changes to your contact details.

You agree to use Surprisygift only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of Surprisygift.

We want people to use Surprisygift as an easy access to Merchants. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so).

You may not use our services to do or share anything:

In any way that breaches these Terms of Use or any applicable law or regulation.
In any way that is unlawful or fraudulent, or which has any unlawful or fraudulent purpose or effect.
To send, knowingly receive, download, use or re-use any material for any commercial purpose or in a manner which does not comply with our content standards (as set out below).
To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar request (commonly known as ‘spam’).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware

Indemnity

You agree to indemnify, defend and hold harmless Surprisygift and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Accuracy of content and information

Surprisygift contains content generated by us. The content displayed on the Sites is provided for general information purposes only. It is not set up to provide specific advice on which you should rely on.

If any links to other websites appear on Surprisygift, we accept no responsibility or liability for the content of that website (whether under our control or otherwise). Surprisygift does not promote the clicking of links presented in the app as we cannot verify their safety. Any link in the Platform is not intended to be, nor should be construed as, an endorsement of any kind by us.

The information contained in Surprisygift may contain technical inaccuracies, typographical errors or omissions. We reserve the right to correct any errors, misinformation, inaccuracies or omissions, and to change or update information in Surprisygift or on any related site if it is inaccurate at any time without prior notice. But we are not liable to any errors, inaccuracies or omissions presented in the Sites. We undertake no obligation to update, amend or clarify information in Surprisygift except as required by law.

Information contained in or accessible via the Sites, changes on a regular basis. We reserve the right to make changes and improvements to any information contained within Surprisygift, at any time and without notice.

Although we make reasonable efforts to update the information on the Sites, we make no representations, warranties or guarantees, whether express or implied, that such content is accurate, complete or up-to-date. We also do not warrant or represent that the information or materials available through the Sites will meet your particular requirements or needs or that access to, or use of, the same will be uninterrupted or completely secure and/or safe to your physical or mental health. You confirm that you have not relied on any such information and any arrangements made between you and the Participating Merchant including these terms, is entirely at your sole risk and responsibility.

Breach of Terms - suspension - termination of access to Surprisygift

We reserve the right to terminate, suspend or restrict your access to Surprisygift in case you are found to be in breach of these terms.

You further acknowledge that we may terminate, suspend or restrict your access to the Sites at any time at our absolute discretion.

Complaints

If you have a complaint relating to Surprisygift, you should contact us on [email protected] or visit the “Contact Us” section that can be found in the Website.

We aim to provide a written response to all complaints within 20 (twenty) business days.

General terms

Entire agreement

These terms (including any terms or policies explicitly incorporated by reference) amount to the whole arrangement between you and us relating to your use of our services. These terms replace any prior related agreements and understandings between you and us.

No waiver

No delay, neglect or forbearance in taking enforcement action in relation to any provision of these terms by Surprisygift will be a waiver, or in any way prejudice any right, of that party.

Severability

If any part of these terms is held to be invalid, illegal or unenforceable, that part will be severed and the remainder of these terms will remain in full force and have full effect.

Subcontracting

We may subcontract to any third party all or part of our rights and obligations under these terms.

Jurisdiction

These terms are governed by the laws of the Republic of Cyprus and the Courts of the Republic of Cyprus have exclusive jurisdiction for any disputes.

If you or any third parties’ access Surprisygift from outside Cyprus, this is done at the user's own risk and the user is responsible for complying with the laws in the place where they access Surprisygift.

Regardless of our place of residency, your use of Surprisygift is governed by the law of Cyprus. We make no representations that the services provided through Surprisygift are appropriate for use in other locations or are legal in all jurisdictions. Those who access or use the Sites from other locations do so at their own risk and are responsible for compliance with local law.

By entering into this Agreement or otherwise, Surprisygift does not consent to the jurisdiction of any courts other than Cyprus courts and reserves the right to contest that it is not subject to the jurisdiction of any other court.

Notices

We will send relevant invoices, receipts, responses to a query and notices, if and as required under these terms to the email address nominated by you.

It is your responsibility to ensure that you keep us informed of any changes to your contact details, criminal record, any change to Participating Merchants’ certification/license/accreditation and any change to the recognition of right to be exercising the relevant Profession in the respective country. You will be deemed to have received a notice sent by email at the time that we send it.

Amendments

We reserve the right to change these terms from time to time. All material changes will be published on our Sites.

The agreement as amended will take effect from the date the relevant amendments are published on our Sites.