Everup Gifting Gift Card Terms and Conditions

1.1. We are everup Limited, a company registered in England under company number 12462608, with its registered office at 3rd Floor, 86-90 Paul Street, London, England, EC2A 4NE ("Everup", "we", "us" or "our").

1.2. These Everup Gifting Gift Card Terms and Conditions ("Gifting Terms") apply whenever a person purchases, receives, claims or redeems a Gift through the Everup website, app or other Everup service (the "Services").

1.3. These Gifting Terms apply together with our general Terms and Conditions ("General Terms", available at https://www.everup.com/terms-of-service), our Gift Card Terms and Conditions ("Gift Card Terms", available at https://www.everup.com/gift-card-terms), our Privacy and Cookie Policy (available at https://www.everup.com/privacy-cookie-policy) and any product information shown to you at checkout or redemption. If there is a conflict or inconsistency concerning a Gift, these Gifting Terms take priority to the extent of that conflict.

1.4. Retailer Gift Cards obtained using an Everup Gifting Gift Card are also subject to the terms and conditions of the relevant retailer or authorised issuer. Those retailer or issuer terms apply after the Retailer Gift Card has been issued to the Recipient.

1.5. Nothing in these Gifting Terms excludes or limits any rights or remedies which cannot lawfully be excluded or limited.

1.6. The Sender accepts these Gifting Terms when purchasing a Gift. The Recipient accepts these Gifting Terms, together with the General Terms, when creating or signing in to a Profile in order to Claim the Gift.

"Everup Gifting Gift Card" or "Gift" means the personal, non-transferable voucher issued by Everup to the named Recipient, with a stated value in the currency shown at checkout, which may be used only as payment to Everup for eligible Retailer Gift Cards sold by Everup. A Gift may be a General Gift or an Occasion Gift.

"General Gift" means a Gift that is not linked to a particular occasion or theme (for example, the everup Gift Card).

"Occasion Gift" means a Gift designed for a particular occasion or theme (for example, the everup Father's Day Gift Card or the everup Christmas Gift Card), which may be presented with a selection of suggested brands.

"Sender" means the person who purchases the Gift from Everup and identifies the Recipient.

"Recipient" means the person identified by the Sender as the intended recipient of the Gift. The Recipient may be the Sender (see clause 3.8).

"Issue Date" means the date on which Everup sends the Gift to the Recipient (being the delivery date chosen by the Sender, where scheduled delivery is used) or otherwise first makes it available to the Recipient.

"Redemption Period" means the period during which a Gift can be Claimed and redeemed, as set out in clause 7.

"Claim" means the act by which the Recipient, after signing in to or creating the required Everup Profile, accepts the Gift and has the Gift made available for redemption through that Profile.

"Claimed" means the status of a Gift once a Claim has been completed.

"Unclaimed" means the status of a Gift before a Claim has been completed.

"Retailer Gift Card" means a digital gift card, voucher or similar closed-loop product for a participating retailer or brand that Everup sells through the Services.

"Gift Balance" means the portion of the original value of the Gift that has not yet been redeemed for Retailer Gift Cards and has not expired.

"Profile" means a registered Everup user account, as described in the General Terms.

"Personalisation Content" means any message, image, card design, video link, animated image (GIF) or other content added to a Gift, including content generated with AI Tools or selected from Third-Party Media Services.

"AI Tools" means features in the Services that use third-party artificial intelligence providers (such as Google Gemini or OpenAI) to help generate gift messages, images or card designs.

"Third-Party Media Services" means third-party services through which content can be added to a Gift, currently YouTube (video links) and GIPHY (animated GIFs).

"you" and "your" mean the Sender or the Recipient, as the context requires.

3.1. The Sender may create a Gift by selecting the type of Gift (General or Occasion), the value, the Recipient's details, the Personalisation Content (required unless the Sender is buying the Gift for themselves, see clause 3.8) and, where offered, a delivery date, which may be no later than 6 months after the purchase date.

3.2. The Sender must provide a valid email address for the Recipient and must take reasonable care to ensure that the Recipient's details are correct. If the Recipient's details are incorrect, the Sender should contact support@everup.uk as soon as possible. Provided the Gift has not been Claimed, Everup will amend the details and resend the Gift to the correct Recipient, and the original Gift link will be deactivated, subject to verification and fraud controls. Everup is not responsible for a Gift Claimed by an unintended person because the Sender supplied incorrect details, except to the extent required by law.

3.3. The Sender must pay the price shown at checkout using a payment method accepted by Everup. The purchase is complete when Everup confirms the order by email. The confirmation will show the Gift value, the Recipient's email address, the delivery date and the Redemption Period and expiry date of the Gift (or, for a scheduled Gift, how the expiry date will be calculated from the delivery date).

3.4. Unless expressly stated otherwise at checkout, purchasing an Everup Gifting Gift Card does not entitle the Sender or Recipient to Cashback Points, Virtual Coins or any other promotional reward.

3.5. To buy a Gift, the Sender must have a Profile and meet the eligibility requirements in the General Terms. To Claim and use a Gift, the Recipient must also meet those requirements. By sending a Gift, the Sender confirms that, to the best of their knowledge, the Recipient meets them.

3.6. Minimum and maximum Gift values, and any limits on the number or total value of Gifts that a Sender may buy or a Recipient may hold, are shown in the Services. We apply these limits to help prevent fraud and misuse.

3.7. The Sender may use Cashback Points towards the price of a Gift, subject to the minimum balance in the General Terms. Cashback Points used in this way are converted into Gift value at the redemption rate shown at checkout and cease to be Cashback Points. The resulting Gift is governed by these Gifting Terms, including the Redemption Period in clause 7.

3.8. The Sender may buy a General Gift or an Occasion Gift for themselves. In that case the Sender is also the Recipient, adding Personalisation Content is optional and may be skipped, and the Gift is made available in the Sender's own Profile immediately. All other provisions of these Gifting Terms, including the Redemption Period in clause 7 and the cancellation rules in clause 8, apply in the same way.

4.1. The Everup Gifting Gift Card is issued by Everup. It is not itself a retailer gift card and it cannot be used to make purchases directly from participating retailers.

4.2. The Gift gives the Recipient a contractual right against Everup to use the Gift Balance as payment to Everup for one or more eligible Retailer Gift Cards sold by Everup.

4.3. Everup sells Retailer Gift Cards to the Recipient as principal and for Everup's own account. Everup does not sell those Retailer Gift Cards to the Recipient as agent for the relevant retailer, gift card issuer or gift card aggregator.

4.4. Participating retailers, issuers and aggregators do not accept the Everup Gifting Gift Card as a means of payment. The Gift Balance is accepted only by Everup as payment towards Retailer Gift Cards sold by Everup.

4.5. Everup may obtain Retailer Gift Cards from retailers, authorised issuers, distributors or aggregators. Those supply arrangements do not change the fact that the Recipient purchases the Retailer Gift Card from Everup.

4.6. Once a Retailer Gift Card is issued, Everup is not the issuer of that Retailer Gift Card unless the product information expressly states otherwise. The Retailer Gift Card is then governed by the terms of its retailer or authorised issuer.

5.1. To Claim a Gift, the Recipient must create or sign in to an Everup Profile using the email address to which the Gift was sent (or another email address that Everup has verified as belonging to the Recipient), and complete any verification steps reasonably required by Everup, which may include identity verification under the General Terms.

5.2. A Gift is personal to the named Recipient. It may not be transferred, assigned, sold or otherwise passed to another person.

5.3. Everup may refuse or delay a Claim where we reasonably need to verify identity, investigate suspected fraud, sanctions, money laundering, misuse, an incorrect recipient address or another legal or security concern.

5.4. Once Claimed, the Gift is irrevocably allocated to the Recipient. The Sender has no right under these Gifting Terms to cancel, recall, redirect or reclaim the Gift after Claim.

5.5. The Recipient is not obliged to Claim the Gift. If the Gift is not Claimed before its expiry date, it expires in accordance with clause 7 and no refund is due to the Sender or the Recipient, except where the law requires otherwise.

6.1. The Recipient may use the Gift Balance only as payment to Everup for eligible Retailer Gift Cards sold by Everup through the Services. The Gift Balance cannot be combined with any other payment method, so a Retailer Gift Card bought with the Gift Balance cannot cost more than the remaining Gift Balance.

6.2. Subject to the denominations and other restrictions shown in the Services, the Recipient may redeem the Gift Balance in one transaction or split it across several transactions, until the full value has been used. Each redemption must be for at least £10 (or the equivalent amount in the currency of the Gift). For example, a £100 Gift may be used to purchase a £30 Retailer Gift Card and the remaining £70 may be used later for one or more other Retailer Gift Cards. [If the remaining Gift Balance is less than £10, it can be redeemed in one final redemption for that amount where a Retailer Gift Card of that value is available.]

6.3. The Gift cannot be redeemed for cash, withdrawn to a bank account or exchanged for money.

6.4. The availability of particular retailers, Retailer Gift Cards, denominations and redemption options may change from time to time. We do not guarantee that any particular Retailer Gift Card will remain available throughout the Redemption Period.

6.5. A redemption is final once Everup has issued or procured the issue of the selected Retailer Gift Card. The Recipient cannot exchange that Retailer Gift Card back into the Gift Balance or swap it for a different Retailer Gift Card, except where required by law or where Everup expressly agrees otherwise. Retailer Gift Cards are digital products supplied immediately: when confirming a redemption, the Recipient will be asked to request immediate supply and to acknowledge that they will lose any statutory right to cancel the purchase of that Retailer Gift Card once it has been supplied.

6.6. Each Retailer Gift Card has its own validity period, expiry date, redemption restrictions and other terms set by the relevant retailer or authorised issuer. These depend on the brand the Recipient chooses at redemption and will be shown or linked in the Services before the Recipient confirms a redemption. Everup only offers Retailer Gift Cards that are valid for at least 12 months from the date they are issued; many brands offer a longer period.

6.7. Unless expressly stated otherwise in the Services, purchases of Retailer Gift Cards paid for with the Gift Balance do not earn Cashback Points, Virtual Coins or any other promotional reward.

7.1. A Gift can be Claimed and redeemed during its Redemption Period, which is 12 months from the Issue Date. The Redemption Period is fixed when the Gift is purchased and is not extended when the Gift is Claimed. Once the Gift Balance, or part of it, is redeemed for a Retailer Gift Card, the Redemption Period no longer applies to that amount and the Retailer Gift Card's own expiry date applies instead (clause 7.3).

The exact expiry date will be shown to the Sender at checkout and in the order confirmation, and to the Recipient in the Gift email and in their Profile.

7.2. The Recipient must Claim the Gift and redeem the Gift Balance before 23:59 (UK time) on the last day of the Redemption Period (the expiry date). At that time, the Recipient's right to redeem the Gift ends and any unused Gift Balance will no longer be available for use. No refund, cash payment or other compensation is payable for an unused Gift Balance after expiry, except where the law requires otherwise.

7.3. Once an amount of the Gift Balance has been redeemed for a Retailer Gift Card, the Redemption Period no longer applies to that amount. The Retailer Gift Card has its own expiry date and terms, which depend on the brand chosen and normally run from the date it is issued, and are never less than 12 months from that date (clause 6.6). Expiry of the Gift does not affect it.

7.4. Where required by applicable law, Everup will apply any mandatory consumer right or remedy notwithstanding this clause 7.

8.1. Except where applicable law gives a mandatory right to cancel or obtain a refund, purchases of Everup Gifting Gift Cards are final subject to the voluntary cancellation process in this clause 8.

8.2. The Sender may cancel a Gift within 14 days after the purchase date only if the Gift has not yet been delivered to the Recipient, for example where the Sender has chosen a future delivery date. To cancel, the Sender should use the Services (where available) or contact support@everup.uk from the email address associated with the purchase.

8.3. Once a Gift has been delivered to the Recipient, it cannot be cancelled, even if the Recipient has not Claimed it. When buying a Gift for immediate delivery, the Sender will be asked to request immediate delivery and to acknowledge that they will lose any statutory right to cancel once the Gift has been delivered. This clause does not affect clause 8.5.

8.4. If a Gift is cancelled under clause 8.2, it will be permanently deactivated and Everup will refund the price paid to the Sender's original payment method within 14 days after the cancellation. Any part of the price paid with Cashback Points will be re-credited to the Sender's Profile as Cashback Points.

8.5. If applicable law requires Everup to provide a particular refund or cancellation remedy, that mandatory remedy will apply and will not be replaced by another Gift Card or any other alternative unless the customer freely agrees to that alternative after the right has arisen. No fee will be deducted from a refund that the law requires. Where a Gift is cancelled under this clause, Everup will notify the Recipient that the Gift can no longer be Claimed or used.

8.6. If a Sender asks to cancel a Gift because of suspected fraud, a duplicate purchase or another exceptional circumstance, Everup may investigate and take such action as is reasonable and lawful. Nothing in this clause requires Everup to cancel a Gift that has already been delivered. Incorrect Recipient details are dealt with under clause 3.2.

9.1. The price paid for a Gift is received by Everup for its own account as payment in advance for Retailer Gift Cards that Everup will sell to the Recipient. The Gift is not a bank account, deposit, savings or investment product, and no interest or other return is payable to the Sender or the Recipient on the Gift or on any amount paid for it.

10.1. Before selecting a Retailer Gift Card, the Recipient should review the applicable retailer or issuer terms shown or linked in the Services, including any expiry date, permitted uses and exclusions.

10.2. Everup is the seller of each Retailer Gift Card purchased with the Gift Balance and is responsible to the Recipient for supplying a valid Retailer Gift Card that matches its description in the Services. After issue, the use and acceptance of that Retailer Gift Card are governed by the retailer or authorised issuer terms.

10.3. Everup is not responsible for the quality, safety, delivery or suitability of goods or services later purchased from the retailer using the Retailer Gift Card. Any statutory rights the Recipient has against the retailer in relation to those goods or services are unaffected.

10.4. If a Retailer Gift Card purchased with the Gift Balance is defective, for example it cannot be opened, activated or used when issued, the Recipient should contact support@everup.uk. Everup will liaise with the relevant retailer or issuer to resolve the issue, subject to the retailer's or issuer's terms, in the same way as for any gift card bought through Everup (see the General Terms and the Gift Card Terms). If Everup cannot supply the selected Retailer Gift Card at all, the amount will not be deducted from the Gift Balance, or will be restored to it. This does not affect any other remedy the Recipient has by law.

10.5. If a retailer or issuer stops accepting a Retailer Gift Card after it has been validly issued (for example, because the retailer ceases trading), the Recipient should contact that retailer or issuer. Everup will provide reasonable assistance but is not responsible for the retailer's or issuer's obligations, except to the extent required by law.

11.1. The Sender and Recipient must not use a Gift for fraud, money laundering, sanctions evasion, resale, unauthorised commercial activity or any unlawful purpose.

11.2. Everup may suspend a Gift, delay a Claim or redemption, or require verification where we reasonably suspect fraud, misuse, unauthorised access, breach of these Gifting Terms or another legal or security concern.

11.3. Where a payment for a Gift is reversed, charged back or found to be unauthorised, Everup may suspend the Gift and prevent further use of any unused Gift Balance, subject to applicable law and the rights of any affected consumer. If the payment dispute is resolved in Everup's favour, Everup will reactivate the Gift [and extend its validity by the period of the suspension].

11.4. If the Sender raises a payment dispute or chargeback after the Gift has been delivered, Claimed or redeemed, Everup may provide evidence of the purchase, delivery, Claim and redemption to the Sender's payment provider and may seek to recover from the Sender any amount it loses as a result.

11.5. If Everup suspends or closes a Recipient's Profile under the General Terms because of fraud, money laundering or another serious breach, Everup may suspend or cancel any unused Gift Balance to the extent reasonable and lawful.

11.6. If the Recipient chooses to close their Profile while any Gift Balance remains unused, Everup will warn the Recipient before closure that the unused Gift Balance will be lost. Once the Profile is closed, the unused Gift Balance can no longer be used.

12.1. The Sender is responsible for checking the Recipient's email address and delivery details before completing the purchase.

12.2. If the Recipient does not receive the Gift, or cannot Claim or redeem it, the Sender or Recipient should contact support@everup.uk as soon as possible.

12.3. Everup may resend a delivery message, correct an obvious technical issue or take other reasonable steps to make the Gift available to the intended Recipient, including amending the Recipient's details and resending the Gift at the Sender's request where the Gift has not yet been Claimed (clause 3.2), subject to verification and fraud controls.

13.1. The Sender may personalise a Gift with Personalisation Content, including a written message, an image or card design, a link to a YouTube video and an animated GIF from GIPHY. The Sender may use AI Tools to help write a message or create an image or card design.

13.2. Output from AI Tools is generated automatically by third-party AI providers. It may be inaccurate, unexpected or similar to content generated for other users, and Everup does not review it before it is shown. The Sender must check any AI output before adding it to a Gift and is responsible for choosing to send it. AI Tools may be subject to usage limits, and Everup may block prompts or outputs that appear to breach clause 13.5.

13.3. YouTube videos and GIPHY GIFs are provided by those third-party services and are subject to their own terms and privacy policies. Everup does not control that content. Everup is not responsible if a video or GIF is removed, changed or becomes unavailable, or if a Third-Party Media Service stops being offered in the Services. This does not affect the value of the Gift.

13.4. The Sender is responsible for the Personalisation Content they add to a Gift and confirms that they have the right to use it. Everup does not claim ownership of Personalisation Content. The Sender grants Everup a non-exclusive, royalty-free licence to store, reproduce, format and display the Personalisation Content to deliver the Gift and operate the Services.

13.5. Personalisation Content must not: be unlawful, threatening, harassing, hateful, discriminatory, defamatory, obscene or sexually explicit; promote violence, self-harm or illegal activity; infringe anyone's intellectual property or privacy rights; include advertising, spam, malicious links or requests for money, passwords or payment details; or impersonate Everup, a retailer, a bank or any other person.

13.6. Everup may, but is not obliged to, review, filter or remove Personalisation Content, or deliver a Gift without it, where Everup reasonably believes the content breaches these Gifting Terms or the law, or after receiving a complaint. Removing Personalisation Content does not affect the value of the Gift.

13.7. Anyone who sees Personalisation Content that they believe breaches clause 13.5 can report it [using the report option on the Gift or] by emailing support@everup.uk. Everup will review reports promptly and take appropriate action.

13.8. Everup may delete Personalisation Content [12] months after the Gift has been fully redeemed or has expired.

14.1. Everup may change the range of Retailer Gift Cards, denominations, redemption options or technical features of the Services where reasonably necessary for legal, regulatory, security, technical or operational reasons, or because a retailer, issuer or supplier withdraws or changes its products. Everup will keep a reasonable range of Retailer Gift Cards available for redemption throughout the validity period of each Gift.

14.2. We will not make a change that retrospectively shortens the stated expiry date of an existing Gift or removes an accrued statutory right, except where required by law.

14.3. If we withdraw the Everup Gifting Gift Card product, we will give Recipients at least [60] days' notice by email and allow any valid Gift Balance to be redeemed during that period. If a Recipient cannot reasonably redeem a valid Gift Balance before the product is withdrawn, we will provide a fair alternative remedy.

14.4. We may update these Gifting Terms in accordance with the General Terms. A change will not apply to a Gift purchased before the change where it would materially disadvantage the Sender or the Recipient, unless the law requires it.

15.1. Nothing in these Gifting Terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.

15.2. If Everup fails to comply with these Gifting Terms, Everup is responsible for loss or damage that is a foreseeable result of that failure or our negligence, subject to the limitations permitted by law and the general Terms and Conditions.

15.3. Everup is not responsible for losses caused by the Sender providing an incorrect Recipient email address, by Personalisation Content added by the Sender or supplied by a Third-Party Media Service, by a Recipient failing to keep their Profile secure, or by restrictions imposed by the retailer or authorised issuer after a Retailer Gift Card has been validly issued, except to the extent Everup is responsible under applicable law.

16.1. Everup will process personal data relating to the Sender and Recipient in accordance with our Privacy and Cookie Policy, available at https://www.everup.com/privacy-cookie-policy.

16.2. The Sender confirms that they are entitled to provide the Recipient's name, email address and any Personalisation Content submitted for the purpose of sending the Gift.

16.3. Everup may contact the Recipient about delivery, Claim, cancellation, security, expiry and redemption of the Gift, and may contact both Sender and Recipient where reasonably necessary to administer a cancellation request.

16.4. Everup will not share the Recipient's Profile details or redemption choices with the Sender. The Sender may be told whether the Gift has been delivered, Claimed or cancelled.

16.5. When the Sender uses AI Tools, the prompts and content they submit are sent to Everup's AI providers to generate the output. These providers act on Everup's behalf [and are not permitted to use this data to train their models]. The Sender should not include sensitive personal information about themselves or anyone else in prompts.

16.6. When the Recipient views a YouTube video or GIPHY GIF in a Gift, those services may collect data, including through cookies, under their own privacy policies. Our Privacy and Cookie Policy explains this.

17.1. If you have a complaint about a Gift, contact us at support@everup.uk with the subject line "Complaints". We will handle complaints in accordance with our Customer Complaints Policy, the General Terms and applicable law.

18.1. These Gifting Terms are governed by English law and the courts of England and Wales have jurisdiction. If you are a consumer living outside England and Wales, you keep the protection of any mandatory laws of the country where you live, and you may also bring proceedings in your local courts where the law allows.

18.2. Except as set out in clause 18.3, a person who is not a party to these Gifting Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce them.

18.3. The Recipient is the intended beneficiary of the Gift and becomes a party to these Gifting Terms when they Claim it. Before the Gift is Claimed, the Recipient may enforce clauses 5 and 7 under the Contracts (Rights of Third Parties) Act 1999, but the Sender may cancel a Gift that has not yet been delivered in accordance with clause 8.2 without the Recipient's consent.

18.4. If any provision of these Gifting Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply.

18.5. If you have questions about these Gifting Terms, contact support@everup.uk.