(a) "Amazon Site(s)" means that website located at https://www.amazon.co.uk and certain other websites owned and operated by us or our affiliates, as specified by us from time to time, including any successors or replacements thereto.
(b) "Claim Code" means the unique identifier issued by us for incorporation into an Amazon.co.uk Gift Card that may be redeemed for a specified Redemption Value via the Amazon Site(s) subject to the General Terms.
(c) "Customised Message" means a text-only message provided by you, in the form and format specified by us, to be included in an E-mail Message.
(d) "E-mail Message" means an e-mail that includes (i) our standard e-mail template (as determined by us) used to deliver Claim Codes, (ii) your Customised Message, if any, and (iii) a Claim Code with the Redemption Value you specify.
(e) "E-mail Service" means our sending E-mail Messages on your behalf to your chosen Recipients.
(f) "General Terms" means the terms, conditions and restrictions applicable to Amazon.co.uk Gift Cards in effect on the date of issuance of such Amazon.co.uk Gift Cards, as modified from time to time by us in our sole discretion. The current version of the General Terms may be found at https://www.amazon.co.uk/gc-legal.
(g) "Recipient" means an individual to whom you request that an E-mail Message be sent.
(h) "Redemption Value" means the denominated value for which a Claim Code may be redeemed.
(i) "Required Format" means the specified file format and any related instructions, as determined by us from time to time, as the method of providing Recipient’s e-mail addresses and Redemption Values in connection with your request to use the E-mail Service.
(j) "Your Purchase Agreement" means the existing agreement between you and us pursuant to which you purchase Claim Codes from us.
(a) Requests for the E-mail Service. To request to use the E-mail Service as the method of delivery for your Order, you must provide an e-mail address and a corresponding Claim Code amount for each Recipient in the Required Format. You may also provide a Customised Message to be included in the E-mail Message. You are solely responsible for the accuracy of the information provided to us. We will not verify that e-mail addresses you provide belong to your intended Recipients or will accept e-mails from us.
(b) Our Rights and Obligations. We may accept or reject your request to use the E-mail Service for your Order in our sole discretion. In the event that we reject your request to use the E-mail Service, we will notify you of such rejection. Upon acceptance of your request to use the E-mail Service, we will send an E-mail Message to each Recipient’s e-mail address that you have provided (an "Initial E-mail").
(c) Risk of Loss. Upon the initiation of our electronic transmission of an Initial E-mail, all risk of loss and title to the Claim Code contained in the Initial E-mail will pass to you or your designated Recipients, as determined between you and your Recipients. You acknowledge that e-mails sent by us may be blocked, delayed or prevented from being delivered by destination e-mail servers or other reasons outside of our control, and we may not be aware of all delivery failures. If we receive a message from a destination e-mail server that an Initial E-mail was not successfully delivered to a Recipient (a "Known E-mail Failure"), the procedures in Section 2(d) will apply. Except as set forth in Section 2(d), we will have no obligation or liability to you for any undelivered Initial E-mail or Second E-mail (as defined below) and you will not be entitled to any refund or set-off for any Claim Codes contained in any undelivered Initial E-mail or Second E-mail.
(d) Undeliverable E-mails. We will notify you of the e-mail address of each Recipient for which there is a Known E-mail Failure. Subject to Section 2(e) and Section 6, within 4 business days after receiving notice of a Known E-mail Failure, you may either (i) provide a new e-mail address in the Required Format for each Recipient having a Known E-mail Failure or (ii) request that the Claim Codes for each Known E-mail Failure be sent directly to you. If you fail to respond to any notice of a Known E-mail Failure within such 4 business days, we will send any undelivered Claim Codes directly to you. If you provide new e-mail addresses within such 4 business day period, we will send an E-mail Message to each new e-mail address (a "Second E-mail"). If we receive a message from a destination e-mail server that a Second E-mail was not successfully delivered to a Recipient, we will notify you of the e-mail address for each unsuccessful delivery and will send you any undelivered Claim Codes.
(e) Large Volume Orders. If you have more than 10,000 Recipients included in your request to use the E-mail Service, we will send Initial E-mails to the first 1,000 Recipients (a "Preliminary E-mail Send") to assess the number of Known E-mail Failures that may result from your Order. If based on the number of Known E-mail Failures resulting from the Preliminary E-mail Send we determine that your Order may include a high number of Known E-mail Failures that may adversely impact our domain’s reputation with destination e-mail servers, we may decline to send Initial E-mails to the remaining Recipients in your Order. If we decline to send Initial E-mails to the remaining Recipients, we will send the Claim Codes for all Known E-mail Failures and all unsent Claim Codes directly to you.
In the event that 5% or more of the Initial E-mails sent in connection with your Order are Known E-mail Failures (a "5% Failure"), we will send you notice of such 5% Failure and you will be prohibited from any subsequent usage of the E-mail Service. Notwithstanding Section 2(d), if there is a 5% Failure, we will not be required to send any Second E-mail to any Recipient and will send the Claim Codes corresponding to each Known E-mail Failure directly to you.
(a) THE E-MAIL SERVICE IS PROVIDED "AS IS". WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE E-MAIL SERVICE, INCLUDING ANY WARRANTY THAT THE E-MAIL SERVICE IS ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
(b) Process. We will promptly notify you of any claim subject to Section 8(a), but failure to promptly notify you will only affect your obligations under Section 8(a) to the extent that such failure prejudices your ability to defend the claim. You may (i) use counsel of your own choosing (subject to our written consent) to defend against any claim and (ii) settle the claim as you deem appropriate, provided that (A) you obtain our prior written consent before entering into any settlement, and (B) we may assume control of the defence and settlement of the claim at any time.
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