Temrs & Conditions
This is the terms & conditions for www.viing.co.uk (the “Website”)
Please read the Viing General Terms and Conditions carefully. If you wish to become a User, you must read these General Terms and Conditions of Use and accept them within the context of the registration process.
For the purposes hereof, the words here after are defined as follows:
Beneficiary: The person designated as the beneficiary of the funds; the beneficiary can be the organiser or another recipient;
Credit Card: Credit Card: Debit or credit card, valid in the UK and not expired, subject to their authorisation by the Issuer (Visa, MasterCard) used in order to pay Participation.
Special Conditions: means the information to be filled-in by the User for his or her registration with the Site, which includes the information necessary to the entering into of this document and regarding, in particular, his or her last name, first name, date of birth, valid email address and password. Such information is provided to the Issuer for the purpose of the account opening
Account: means the Electronic Money account opened by the Issuer in its books in the name of the User on demand of the Distributor.
Money Pot: means the total funds gathered and held by Viing with the aim to purchase a product from one of our partners or to carry out a bank transfer under the responsibility of the organiser;
Occasion: means the URL page set up, which shows the money pot and the messages written by contributors.
Contract: means these General Conditions of Use together with the General Conditions of Sale and the associated Special Conditions.
Distributor(s): means Viing Ltd, registered in the UK with Companies House, under registration number 09498368. The registered offices are at 20-22 Wenlock Road London N1 7GU.
Issuer: means Stripe.com, issuer of the Electronic Money. The majority of bank transfers complete within 2 business days, however delays can occur in the event of a high volume of withdrawals.
Login: means the data necessary to identify the User by the Issuer which includes a User name (valid email address) and a password.
Business day: means a calendar day excepting Saturdays, Sundays, and public holidays in mainland Luxembourg.
Electronic Money: means the monetary value stored under an electronic support on the Issuer’s server, and representing a receivable over the latter. The Electronic Monetary is issued by the Issuer in exchange for the User’s delivery of the corresponding funds.
Organiser: means the User who originated the creation of the funds and mandated by the participants to administer the funds;
Contributor: User who contributed to the funds and, therefore, incumbent of a receivable of the deposited amount from Viing.
Contribution: Amount in Sterling paid into the pot by a participant with the aim of establishing electronic monetary funds of the same amount held by Viing;
Product: Product or service whose online purchase on a partner website is made possible via the platform of affiliation using the funds, in their entirety or not.
Group Greetings Card: A physical greetings card containing all messages from contributors, along with the name the contributor discloses.
Bank Transfer: means a transfer request by the Beneficiary to his/her bank account of the amount of the reimbursement receivable of Electronic Money
Reimbursement: means a repayment by the Issuer of all or part of the Electronic Money held by the User.
Website: means the web site Viing.com created and managed by the Distributor
User: Any natural person acting on his or her own behalf and using the Electronic Money issued by the Issuer in order to execute payment Transactions.
The purpose of these General Conditions of Use is to define the conditions on which the Issuer and the Distributor supply to the User the services of creation, management, and use of its money pot.
These General Conditions of Use, completed the Special Conditions constitute the whole Contract entered into between the Parties regarding the service offered by Viing.com
The User can, at all times and without any supplemental fees, obtain a copy of these documents on the Website. Only the Contract shall prevail in case of litigation.
3. User Registration
3.1 Necessary and previous conditions to the registration
In order to register, the User must be at least 18 years old and be legally capable throughout the duration of the Contract.
3.2 Registration procedure and creation of a User’s account
At his/her registration, the User shall provide, in particular, his/her last name, first name and email address.
The User must indicate a login, which includes a User name (valid email address) and a password. He/she is solely responsible for maintaining the confidentiality of his/her Login. The User agrees not to use at any time the Accounts, name or User name owned by another User, neither to disclose his/her login to a third party. The User agrees to inform immediately the Issuer, in case he/she suspects a non-authorised use of his/her login at the following email address: firstname.lastname@example.org He/she is solely responsible for any use of his/her login.
By accepting these General Conditions of use, you agree that the Distributor processes your registration to the dedicated service of the Issuer, whenever it deems necessary. The creation of your User Account formalises the creation of the contract. The Issuer and the Distributor may give no effect to an application for registration without motivation or right to compensation. The Issuer, through the Distributor, is allowed to request for further information and identification data to the User, and all supporting documents it may consider useful.
The User declares at the registration and throughout the duration of the Contract that:
• (a) that he/she is at least 18 years old;
• (b) That all information provided during the registration is true, accurate and up-to-date.
3.3 Limitations of the Money Pot’s use
As long as the User has not provided the documents required by the Issuer allowing the latter to verify his or her identity, the following limitations will be imposed on the individual User:
• A total amount of 500 GBP maximum - Electronic Money owned by a User during one calendar year via the same Website, and
• A total amount of 250 GBP maximum of reimbursement of Electronic Money during one calendar year via the same Website.
Upon receipt of the following documents subject to such documents be deemed satisfactory by the Issuer, the latter may release the limitations applying to the User:
• The copy of an official and valid identity document: UK passport and driving License.
• Proof of residence that may be requested at the discretion of the Issuer.
Upon receipt of the following documents subject to such documents being deemed satisfactory by the Issuer, the latter may release the limitations applying to the legal entity User:
• A recent extract of the register of incorporation.
• The headquarter address and the legal system governing the constitution and the functioning of the company.
• Declaration form of all the beneficial owners owning more than 10% of the shared capital, signed by the managers, and the ID’s of individual beneficial owners.
• ID of the manager or of the duly empowered individual to engage the company.
• The bank details of the company.
Upon receipt of the following documents subject to such documents be deemed satisfactory by the Issuer, the latter may release the limitations applying to the organisation User:
• ID of the president of the organisation;
• Receipt of statement creation.
In addition, it is expressly provided that the Issuer retains the possibility to request the above documents to identify the Users and the beneficial owner of the Account in accordance with applicable regulations from the opening of the account.
4. Creation and Functioning of the Occasion & Money Pot
4.1 Creation of the Occasion by the Organiser
The organiser creates an Occasion through Viing’s website. An organiser cannot create more than 5 occasions simultaneously. At the time of the creation of the occasion, the organiser must indicate:
• the beneficiary;
• the name of the occasion;
• the name of the funds;
• the target amount of the funds (the "target amount"), which must be greater than 10 GBP;
• The email address of each participant [friends, colleagues, etc.];
• The email addresses of all participants must be valid, active, and updated
The organiser is solely responsible for the administration of the funds.
The sufficient designation of the beneficiary or the event to the participants is the sole responsibility of the organiser; any false or misleading designation of the beneficiary or the event may involve the responsibility of the organiser towards the participants.
4.2 Management of the Money Pot by the Organiser
The organiser is solely responsible for the administration of the funds.
In particular, the organiser can, at any time, choose:
• to decrease the target amount, within twice the limit of a minimum of 25% of the target amount and of the total amount already paid, knowing that the target amount cannot be under 10GBP;
• to increase the target amount;
• To invite new participants, to the extent of 500 participants.
• To cancel the funds ("cancellation"), in the event the money pot has zero funds.
• the cancellation of the funds is solely up to the organiser and is requested via email at the following address: info@viIng.com
4.3 Contribution to a Pool
The organiser is notified via email of any new contribution.
Upon contributing to the funds, a participant gives power of attorney to the organiser, under condition precedent, to use whole or part of the Money Pot, up to the amount collected in the funds, in order to (a) finance the purchase of a product from a partner site for the beneficiary, or (b) to receive the amount of the contribution in order to finance an event or a product from a third party supplier.
The collection of a contribution by Viing on behalf of the organiser prompts the latter to store the amount of the contribution and to issue, in return, an equivalent amount of e-money units to the participant in accordance with the rules and regulations in force.
4.4 How to use a Money Pot
The Organiser may use the Money Pot to finance the purchase of a product from a partner site for the beneficiary, or to receive the amount of the contribution in order to finance an event or a product from a third party supplier.
4.4.1 Purchase a Gift Voucher on a partner site
The Organiser is able to purchase a gift voucher in the form of an electronic voucher. This will be sent to the organiser’s email address, as supplied at the user registration process. Once the gift voucher is purchased, no refunds can be made.
In the event a withdrawal is made via a bank transfer, the balance of the funds is transferred to the Beneficiary’s bank account. The Beneficiary must be the legal holder of the account and must provide the bank account number and sort code.
The Organiser is solely liable for the use of the funds to the participants and Viing; this use must conform to the mandate given by the participants to the organiser. On this matter, Viing is under no obligation and does not offer any guarantee, of whatever nature towards the participants.
When the Beneficiary decides to withdrawal the total or partial amount of the Money Pot, management fees may apply and will be deducted from the amount paid through the Withdrawal.
4.4.3 Purchase a Group Greetings Card
The Organiser is able to purchase a Group Greetings card and choose a design, which will be printed and delivered in the post. The cost of the Greetings Card is taken from the Money Pot total. The price is shown upon selection. Once the card has been printed, no refunds can be made.
Due to the custom nature of the Greetings Cards, the Greetings Card preview may not accurately represent the final product. The size and shape of the card may vary. The messages inside will reflect the content written by all contributors. The font size and layout of the text inside the card is at the discretion of Viing.
We aim to deliver the Greetings cards to you within 2 business days. However, delivery times may vary and we are unable to guarantee delivery on a certain date. We recommend allowing 4 days for the card to arrive. Please contact email@example.com if you would like to purchase special guaranteed next day delivery, which will be charged at a premium.
The Issuer will maintain in its books the account of Electronic Money within 13 (thirteen) months from the date of each Contribution. The User may obtain online at any time on the Website a detailed statement of his/her Payment Transactions realised by Electronic Money.
After the execution of each Transaction, the User will receive by mail from the Distributor the following information:
• a)information concerning the parties involved in the relevant Transaction, as the case may be;
• b) the amount of the relevant Transaction and the purpose of the relevant transaction, as the case may be;
• c) the date of receipt of the corresponding order and/or the date on which the corresponding amount in Electronic Money is transferred, as the case may be;
5. Amendment to the Contract
The Issuer retains the right to modify the General Conditions of Use at any time. Such amendments are made available by the Distributor to all Users at the address provided at their registrations. Any User may refuse the amendments proposed and must notify his/her refusal to the Distributor’s Customer Service by registered letter with acknowledgement of receipt before the date of effectiveness of the amendments (stamp of postal office as a proof) at the address of the Distributor.
In the event of failure to notify his/her refusal before the date of effectiveness, or failing that, before a 7 (seven) day period after they are posted on the Website, the User shall be deemed to have accepted the amendments proposed. The relationship between the Parties after the date of effectiveness shall be governed by the new version of the General Conditions of Use.
It is therefore important that the User reads his/her emails and reads regularly the General Conditions of Use available online on the Site at any time.
In case of refusal by the User of the amendments, he/she has the right to obtain the termination of the General Conditions of Use, without any fees, and the Reimbursement of the units of Electronic Money that he/she owns.
6. Liability of the Distributor under the access to the Site
The Distributor shall not be held liable to the Users for errors, omissions, interruptions or delays of the transactions executed through the Website resulting in an unauthorised access to the Website. Moreover, the Distributor shall not be held liable for thefts, destructions or unauthorised communications of data resulting from unauthorised access to the Website.
The Distributor retains the right to temporarily suspend the online access to the Account for technical or maintenance reasons without any compensation. He undertakes to limit this type of interruption to a strictly minimum.
7. Exemption case of liability of the Issuer and the Distributor
The Issuer does not exercise any control on the compliance, security, legality, characteristics and adequate character of the products or services, which are underlying to the Transactions. In this respect, the User shall collect all the useful information before purchasing the products with full knowledge of the facts. Each purchase made by the User gives rise to a contract directly created between the User and the vendor to which the Issuer is not concerned. Therefore, the latter cannot be held liable for the non-performance or poor performance of the obligations resulting therefore, nor for potential damages caused to the User as such.
Notwithstanding any clause to the contrary in this Contract, the liability of the Issuer towards a User is limited to the repair of damages directly caused by the non-performance of a contractual obligation under this contract
8. Commitment of the User
The User guarantees that nothing in his/her profile on the Site shall affect third party rights or is contrary to law, public order and good conduct.
He/she undertakes not to:
• Perform the Contract in an illegal manner or within conditions which may damage, deactivate, overload or affect the Site;
• Appropriate illegally the identity of any other person or entity, falsify or withhold your identity, your age or create any false identity;
• Distribute personal data or information about a third party, such as postal address, phone number, email address, credit card numbers, etc.;
In case of default to these obligations, the Issuer retains the right to take every appropriated measure in order to stop the concerning behavior. It therefore retains the right to delete or remove any content or information considered as inappropriate. It can also suspend and cancel his login and block the access to his/her Account.
Without prejudice to proceedings brought by third parties, the Issuer has the right to bring legal action in its own name in order to repair the prejudice personally suffered due to breaches that are attributable to it under this Contract.
If the User notes a breach of obligations above mentioned, he/she is invited to report such acts to us by contacting the Customer Service at this following email address: firstname.lastname@example.org.
9. Duration of the General Conditions of Use and cancellation
The General Conditions of Use are entered into for an undetermined period of time from the creation of the Login or the express approval of the User by the Issuer. The User can at any time and respecting a notice period of 30 (thirty) calendar days, proceed to the Termination of the General Conditions of Use. Such termination shall constitute also the termination of the entire Contract. In order to accomplish the termination, the User must transmit his/her notice to the Customer Service by registered letter with acknowledgment of receipt at the following postal address: [Distributor’s address]
The User will have to communicate the bank account details allowing the Issuer to reimburse to the User the Electronic Money which is credited to his/her Account. In the absence of such information, the Issuer shall follow the Reimbursement instructions entailing the reimbursement by credit on the Credit Card used for the purchase of the Electronic Money. The Issuer is discharged of any obligation after having confirmed to the User the transfer to the bank account indicated or the credit on the Credit Card of the amount of the Electronic Money reduced of the corresponding fees.
In case of gross default, fraud or lack of payment from it, the Issuer retains the right to suspend these provisions by sending an email accompanied eventually by a registered letter with acknowledgement of receipt. The termination shall entail the removal of the Account, and, as the case maybe the reimbursement of the Users. These Reimbursements may in certain case be blocked according to the legislation of anti-money laundering and financing of terrorism.
The termination of the General Conditions of Use on the initiative of the Issuer cannot entail any right to compensation to the benefit of the User, the Distributor or the Beneficiary.
10. Right of withdraw
The User has a deadline of 14 (fourteen) calendar days to pursue his/her right of withdrawal, without having to neither justify any motive nor sustain any penalty. This deadline for withdrawal shall be computed from the day of its registration as a User.
The User must notify his/her request of withdrawal within the deadline prescribed to the Customer Service of the Distributor by telephone or by email and submit a confirmation letter at the postal address of the Customer Service of the Distributor.
11. Rules regarding Anti-money laundering and combating the financing of terrorism
The Issuer is subject to the entire UK legislation regarding anti-money laundering and combating the financing of terrorism.
In application of the provisions of UK law, relating to the participation of financial institutions in the anti-money laundering and combating the financing of terrorism, the Issuer must obtain information from any User for any transaction or business relationship of the origin, purpose and destination of the transaction or the opening of an account. In addition, it must make the entire audit necessary to the identification of the User and, as the case maybe the effective Beneficiary. The latter undertakes to make all audit to allow the Issuer to realise a close examination of the transaction, to inform him/her about any exceptional transaction compared to the usual transactions registered under these rules and to provide him/her with any document or information required.
The User recognises that the Issuer can stop or delay at any time the use of a login, the access to an Account or the execution of a transaction or a Reimbursement in the absence of sufficient element about its purpose or nature. He/She is informed that a transaction executed under these rules may be subject to the exercise of the right to communicate to the national financial intelligence unit.
The User can, in accordance with the legislation, access all this information communicated subject to such right of access does not challenge the purpose of anti-money laundering and combating the financing of terrorism, where this data concerns the claimant.
No pursuit and no action of tort can be brought or professional sanction taken against the Issuer, its managers or agents who have reported their suspicions in good faith to the national authority. .
12. Personal data and obligation of confidentiality
The User agrees that contact details and personal information about him/her be communicated to the companies of the group to which the Issuer belongs as well as operational service with whom it is in a contractual relationship for the purpose of the execution of transactions and services offered subject to the third parties recipients of personal data be subject to rules ensuring adequate level of protection as defined in the UK Law. The list of the third parties recipients of information protected by the obligation of confidentiality is available by simple request from the conformity manager of the Issuer. This information is stored by the latter or by any company authorised to do so, in accordance with legal and regulatory rules.
He/she may at any time object to receiving commercial solicitation, have his or her contact details amended, object to their disclosure by notifying by registered letter or e-mail followed by a request of receipt to the customer service of the Issuer. This letter shall indicate his/her last name, first name and Login. In accordance with the applicable regulation, such letter must also be signed, accompanied with the photocopy of an identity document containing the signature of the User and indicate the address where he/she wishes to receive the response. A response will be sent to the address indicated within a period of 2 (two) months following the receipt of the request.
The Issuer will store the information and personal data within the maximum legal or regulatory period applicable depending on the purpose of each data processing.
13. Force majeure
The Parties shall not be held liable or considered to have failed under these rules in case of late or non-performance when their cause is related to a force majeure situation as defined by the case law of the UK courts.
14. Independence of contractual rules
If any provision of these rules is considered null or without object, it will be deemed to be unwritten and will not entail the nullity of the other provisions.
If one or several provisions of these rules become lapsed or are considered lapsed further to the application of a law, a regulation or following a final decision granted by a competent jurisdiction, the other provisions will keep their binding force and scope. The provisions declared null and void will be replaced by provisions which will approximate the most with respect to their meaning and scope from the originally agreed provisions.
15. Protection of deposits
The funds of the Users are deposited at the end of each business day in an account opened with a Bank and are ring fenced by it.
The Contract shall not be subject to a total or partial transfer by the User, for valuable consideration or for free. It is further prohibited to transfer to a third party any rights or obligations that it owns under these rules. In case of breach of this prohibition, in addition to the termination of these rules, its liability may be triggered by the Issuer or the Distributor.
17. Agreement of proof
All data included in a permanent, reliable and secure manner in the computer database of the Issuer relating, in particular, to the payment orders and confirmations received by the User, to the notices sent, access, Withdrawal, Reimbursement will prevail between the parties until proven otherwise.
18. Application Law and competent jurisdiction
Save for the case of application of a public policy law (which will apply within the strict limits of its purpose), it is expressly stipulated that the Contract is subject to UK law and that any litigation between the Parties under this latter shall be subject to the jurisdiction of the competent UK courts.
19. Viing Acceptable Use Policy
19.1 Prohibited Activities
You may not use Viing.co.uk service for activities that:
1. Violate any law, statute, ordinance or regulation.
2. relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) cigarettes, (d) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (e) stolen goods including digital and virtual goods, (f) the promotion of hate, violence, racial intolerance or the financial exploitation of a crime, (g) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (h) sexually oriented services, (i) ammunition, firearms, or certain firearm parts or accessories.
3. relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes, (c) are used to process a CtoC or CtoB payment for a good or a service between two parties, (d) involve gambling, or (e) involve offering or receiving payments for the purpose of bribery or corruption.
19.2 Violations of the Acceptable Use Policy
We encourage you to report violations of this Acceptable Use Policy to Viing.co.uk immediately. If you have a question about whether a type of transaction may violate the Acceptable Use Policy, you can email email@example.com