Terms Of Service

IMPORTANT: Before purchasing the Mojo Gift Experience gift collection for the activities listed on our website www.mojo-gift.com. please read these terms and conditions carefully. We intend to rely upon these terms and conditions. For your own benefit and protection you should read the terms and conditions carefully. It is important that you understand this page, together with the documents referred to on it, as it tells you the terms and conditions on which we supply the gifts to you (the purchaser/recipient). If you do not understand any point please ask for further information. In particular, your attention is drawn to the sections under the heading BOOKING, CANCELLATION and LIMITATION OF LIABILITY. By clicking on the tick box stating that you “accept the terms and conditions” you are acknowledging that you have read and agreed to these terms and conditions.

Before making a purchase we also ask you to become familiar with the terms and conditions of the activity supplier referred to in a particular activity description. Please note if there is a conflict or ambiguity between Mojo Gift.com’s terms and conditions and those of a supplier, the supplier's terms and conditions shall prevail.

Seller Identity

The registered business address of Mojo Gift B.V. is Valeriaanstraat 187, 3765 EN, Soest, The Netherlands. Mojo Gift B.V. is registered with the Chamber of Commerce in Utrecht [NL] under number 85244031 VAT number: NL863559219B01..

Mojo Gift.com gift collections

Each gift collection entitles the recipient to the experiences provided on www.mojo-gift.com. For an up-to-date list of experiences in each collection refer to Mojo Gift.com website only. Experiences inside Mojo Gift collections can be removed or added without prior notice.

Expiration

Mojo Gift cards that are purchased after 01/04/2022 are valid for two years. All Mojo Gift cards that are purchased before 01/04/2022 have a validity of one year after the purchase date.

Purchase

The gift collections are purchased from the website www.Mojo Gift.com. All purchases require full payment.You are advised of the accepted methods of payment at the time of purchase. We do not accept payment by cheque or postal order and you cannot pay in instalments. Discount codes can only be used to purchase gift collections and are not valid while purchasing gift cards. One customer can purchase no more than 10 gift collections with one discount code. We will send a confirmation of your order to you via email.

Delivery

The gift collections are delivered either by e-mail or by post. Please note, some email accounts may classify our email as 'spam' email. We are not liable or responsible for any loss suffered as a result of an email being blocked by web filters or firewalls. If a recipient does not receive an email from Mojo Gift, please contact us immediately so that we can send the email to an alternative email address.

Invoice

The invoice will be sent to the purchaser by email if chosen at the time of purchase.

Booking

Please note that all bookings are made subject to the ACTIVITY Supplier’s terms and conditions. Upon making a booking, you will be bound by that Supplier’s terms and conditions. You may access the relevant Supplier’s terms and conditions by viewing that supplier’s website or requesting a copy of their terms and conditions to be supplied to you. In order to enjoy your chosen activity and to arrange a convenient time for doing it, you must redeem your voucher via the Mojo Gift website in advance. We recommend that bookings/redemptions are made 14 days in advance at the very least. Specific dates, such as weekends and holiday periods, are very popular and may not be available unless a substantial period of notice is given to the activity supplier. Keep in mind that some products or services are not available in each country or that some products require import duties or taxes to be paid once they arrive in your country. If this is the case, we will let you know in advance so you can decide whether you’d like to receive the product at extra cost or rather choose something else. Please note that some activities only have fixed dates available to choose from and cannot be tailor-made to suit each and every clients’ preferred dates and times. Please note that once you have a confirmed booking with an activity supplier, it may not be possible for you to change your mind and cancel or rearrange the booking. Once booked, you stick to the activity supplier's terms and conditions.

Cancellation of Activity

Once you book a specific date with an activity supplier you are bound by their terms and conditions, including those regarding cancellations. In the event that an activity supplier needs to cancel the activity after you have booked a date, they should contact you. We strongly recommend however, that you contact the activity supplier the day before you depart for your activity. In the event of an activity being cancelled for any reason we will not be held liable for the cost of lost insurance premiums, travel expenses, pre-booked accommodation costs, or other cost or expense incurred in connection with the activity. Please note, that the activities may require waiting times, especially as some are weather dependent. There is also the possibility of short notice cancellation by an activity supplier due to weather, mechanical problems, staff illness or other unforeseen circumstances beyond the supplier’s control.In the event that an activity is cancelled you should simply re-book with the activity supplier concerned.

Exchanges

If you or your recipient are not satisfied with the gift box purchased you may exchange it for an alternative gift box from the same range, provided that you have not booked the activity with the activity supplier. If the new gift box is of greater cost than the gift box previously purchased then the difference must be paid by you included with eventual extra shipping cost. Once an activity has been booked it cannot under any circumstances be exchanged or refunded. Only one exchange is permitted. Exchanged gifts are non refundable.

Prices

We act as a booking intermediary for independent activity suppliers who may make changes to their prices at any time. We ask activity suppliers to inform us about price changes in advance and to not charge extra for gifts already sold, but in very rare cases we reserve the right to make variations to prices at any time without notice. All prices quoted are inclusive of VAT where applicable.

Insurance

The nature of some of the services that are promoted on Mojo Gift.com are dangerous. Prior to ordering or participating in any activity you should be aware of the risks involved. Responsibility rests with you to make independent enquiries with the supplier and other third parties as to the need for you or the participant to acquire your own insurance cover. Please note that the activity suppliers might arrange their own liability insurance, which may provide insurance for participants covering them in cases where the supplier acts negligently. We advise you to check the terms of any such insurance that the activity suppliers may provide.

Restrictions

Many activities have restrictions (such as age, height, weight, physical and medical limitations) which may vary from supplier to supplier, so please check these before you reserve an experience, service or product. Details of these restrictions in each case are available on our website or can be provided on request. If the person who is to go on the activity has any doubts about their medical fitness, they should consult their doctor before booking the activity. It is your responsibility to ensure that you select an experience appropriate for the intended recipient and it is the responsibility of the recipient to confirm that the activity is suitable for them prior to booking. We will not refund any gifts if the participant cannot comply with a supplier’s restrictions and are turned away from the supplier’s venue.

Descriptions and Illustrations

The descriptions on this site are as accurate as we can make them, however there may be some variations. Photographs, illustrations and details, such as the particular equipment, colour, vehicle or route followed are subject to change depending on the specific conditions on the day.The stated total duration is an indication of the time you are likely to spend at the venue and may slightly differ for each participant.

Problems and complaints

If you encounter any problems or have any complaints with the gifts please contact us at the following link: Mojo Gift.com/home/contact In case of a problem with an activity, please speak to the activity supplier on the day, so they have the opportunity to resolve any problems there and then. Failure to highlight issues on the day of the activity may jeopardise investigations and result in an unsatisfactory outcome. If your complaint is not resolved on the day, you must write to us within one week (7 days), providing us with your booking reference, the name and surname of the activity supplier’s representative who you highlighted the complaint to on the day and full details of your complaint.

Limitation of Liability

If either of us fails to comply with these terms and conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these terms and conditions at the time we entered into this contract with one another. We reserve the right to transfer liabilities to a third party in case of a merger or sale of the business. When redeeming your Mojo Gift and booking an experience with an operator, you will be entering into a separate agreement with the Operator. You will be bound by their Terms and Conditions, including any restrictions applied by that Operator. Mojo Gift has sought to select highly experienced operators of ‘once in a lifetime’ experiences. However, Mojo Gift cannot be responsible for the safety standards or the quality or delivery of the experience, or any loss or damage suffered by you whilst participating in the experience for which the Operator shall be solely responsible. By purchasing a Mojo Gift and booking an experience with a supplier, you acknowledge that the experience in respect of which the voucher will be redeemed is dependent on certain factors beyond the control of Mojo Gift. You also agree that neither Mojo Gift nor any operator shall be liable for the cancellation, postponement or alteration of any experience for reasons beyond its reasonable control, including weather-related reasons, mechanical failure, location changes or otherwise. We do not undertake any technical examination of equipment, facilities or services to minimise personal risk. If mechanical machinery breaks down, you should ask the Operator for reasonable substitutions without notice. The total liability of Mojo Gift for any claim whatsoever in connection with the Mojo Gift or any experience or service in respect of which a card is redeemed shall be limited to the price paid for the Mojo Gift We have tried to ensure that the descriptions and images used on all marketing material are accurate. However, images are intended to give a general idea of the experience described and do not form part of any contract between the purchaser and / or the recipient of the Gift Card and Mojo Gift.

The Weather

Many activities promoted on Mojo Gift.com are dependent on the weather and we advise you to call and check with the supplier whether the weather conditions are suitable for the booked activity. If your activity is cancelled because of the weather, you will be able to rebook for a date on which you are able to attend. In the event of cancellation, Mojo Gift.com will not be held liable for the cost of lost insurance premiums, travel expenses, pre-booked accommodation costs or any other costs incurred.

Privacy Policy

Please click here for details of our Privacy Policy.

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III. TERMS OF USE

IV. COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS

Copyrights and any other intellectual property rights with regards to the materials contained on the website, along with the design of the web site, the images (except for the copyrights and all other rights on the images and brands used as well as the copyright and all other rights to images, names and contents of the provided goods and / or services, are reserved by the supplying traders), belong to or are duly provided for exercise by Mojo Gift B.V..

Pursuant to these General Terms and Conditions each service recipient provides to Mojo Gift B.V.nonexclusive, perpetual, irrevocable and royalty-free right to use all materials published on the website in accordance with these conditions.

V. PERSONAL DATA PROTECTION AND CONFIDENTIALITY STATEMENT

Mojo Gift B.V. shall take due care and is responsible for the protection of any information related to the service recipient, which has become available to it as a result of the registration and use of the website - subject to these General Terms and Conditions, except in case of force majeure, accidental event or malicious actions of third parties.

In the registration form completed by the service recipient when registering on the website or making an order, Mojo Gift B.V. designates the mandatory or voluntary nature of the provision of data and the consequences of the refusal to provide it. By accepting these General Terms and Conditions, the service recipient agrees that the information about him / her will be processed in the manner provided for therein. The profile created during the initial registration has default settings allowing for free access to the personal data specified by the service recipient.

The restrictions under the previous paragraph shall not apply if the service recipient or persons under their control have committed malicious acts within the meaning of these General Terms or have infringed the rights or legitimate interests of third parties. In this case Mojo Gift B.V.is entitled to provide the personal information of the service recipient to the respective competent state authorities in accordance with the legislation in force.

Mojo Gift B.V.collects and uses the information about the service recipients only for the purposes provided in these General Terms and Conditions. The described purposes for which the information is used, are not exhaustive and they do not incur obligations for Mojo Gift B.V..

By accepting these General Terms and Conditions, the service recipient agrees to the processing of his/ her personal data according to EU Regulation 2016/679 (GDPR), LPDP, and You can find them Privacy Policy for the purpose of meeting the requirements of notified bodies, which are relevant to the scope of the contract from a distance sale of the promoted goods, by giving consent for an advance payment.

With the acceptance of the General Terms and Conditions the service recipient agrees his/ her personal data, announced as generally available on their profile in the website, to be used and disclosed by Mojo Gift B.V. for direct marketing purposes, unless he/ she expressly prohibits the access thereto.

Upon visiting the site through a mobile device or using the applications of Mojo Gift B.V.for mobile devices, the service recipient agrees and authorises Mojo Gift B.V.to collect data about his/ her current location, which data can be used solely and exclusively to inform the service recipient of the nearby sites making offers on www.mojo-gift. com.

Mojo Gift B.V.undertakes not to disclose any personal information about the service recipient and not to provide the collected information to third parties - state authorities, trade companies, individuals and others, except in the following cases:
◦ it has received the explicit consent of the service recipient at the time of registration or at a later date;
◦ the information is required by government bodies or officials who, under the current law, are authorized to request and collect such information in accordance with the statutory procedures;
◦ other cases specified by law.

By registering on the website, the service recipient allows to be sent personal, advertising or other commercial messages by Mojo Gift B.V.or the retailers promoting their products on the website, to their user profile on the website and the email address announced by him/ her, as well as Mojo Gift B.V.to provide the retailers with the phone number and the e-mail address of the service recipient if the latter has purchased tourist services or other services requiring prior reservation, which has not been made.

The site is accessed through HTTPS (Hypertext Transfer Protocol Secure) protocol for secure communication in a computer network and in particular on the Internet, ensuring the security and integrity of the information exchanged on the network.

VI. LIMITATIONS

> By accepting the Terms and Conditions, each service recipient should be aware that they are not applicable to the consumer contracts referred to in Art. 46 of the CPA.

By accepting the General terms and conditions, each service recipient should be aware that he/ she has no right to withdraw from a consumer contract concluded remotely, in respect of the contracts referred to in Art. 57 of the CPA.

VII. FINAL PROVISIONS

Mojo Gift B.V.reserves the right to amend or supplement these General Terms and Conditions and their appendices unilaterally without notifying the service recipients thereof.

By confirming these General Terms and Conditions, the service recipient, who is a consumer within the meaning of the CPA, declares that he/ she is aware of his / her rights under the CPA.

By confirming these General Terms and Conditions, the service recipient expressly agrees to pay in advance, in whole or in part, the price under the sales contract concluded through this platform, based on a specific offer contained therein.

The parties declare that, in the event of invalidation of any of the clauses of these General Terms and Conditions, this will not invalidate the contract, any other clauses or parts thereof. The invalid clause will be replaced by the mandatory legal provisions or the established practice.

Any matters which are not covered by these General Terms and Conditions shall be governed by the provisions of the applicable legislation of the Kingdom of the Netherlands

These General Terms and Conditions can be reviewed and updated at any time by Mojo Gift B.V. If a service recipient continues to use the site, he explicitly agrees and accepts the changes made.

Within the meaning and for the purposes of this Agreement, the following terms will have the below meaning:
◦ "Service provider" is the company Mojo Gift B.V.- with KVK Number 85244031B01 ;
◦ “Service recipient” is an individual or a legal entity using the services rendered by the service provider through the website;
◦ "User" is a service recipient who has the capacity of a user within the meaning of §13, item 1 of the Supplementary Provisions of CPA;
◦ Abbreviations of statutory documents: ETA (Electronic Trade Act), CPA (Consumer Protection Act); VAT Act (Value Added Tax Act);
◦ "The website", "the internet platform" is a website with address (domain) www.mojo-gift.com which is property of the service provider Mojo Gift B.V.;
◦ "Malicious actions" are acts or omissions that violate Internet ethics or harm persons connected to the Internet or to associated networks, spamming (sending unsolicited trade notifications), gaining access to resources with third-party rights and passwords, using flaws of the systems for gaining personal benefits or acquiring information (HACK), performing actions that may be qualified as industrial espionage or sabotage, damage or destruction of systems or information arrays (CRACK), sending Trojan horses or causing installation of viruses or remote control systems, disrupting the normal work of other users of the Internet and the associated networks, performing any actions, which can be classified as a crime or an administrative violation under European law or any other applicable law;
◦ "Mojo Gift Card" is a virtual electronic document with a unique number, issued by Mojo Gift B.V. to a service recipient, confirming that under the conditions of Art. 45 of the Consumer Protection Act and / or ECA and CA, they have concluded a specific distance sales agreement with a particular retailer that promotes products / services on the site www.mojo-gift.com via the information platform of Mojo Gift B.V.and the specific electronic form, for a particular good / service or product at a price announced by the trader, and that, under the terms of the contract, they have made an advance payment for part and / or the entire price of the goods and / or service purchased remotely.

The general terms and conditions are amended on 22/02/2022.