Gifting terms

T&Cs for Beanstalk Gifting

Beanstalk Gifting Terms & Conditions

Beanstalk Gifting is a unique service that lets a parent who has set up a Beanstalk Junior ISA for their child to invite others to make a contribution into that child's Junior ISA through a dedicated gifting page.

These Terms describe the gifting service We (KidStart Limited, Registration number 05439349, trading as Beanstalk) provide and govern your use of the Website and its associated services to make a contribution. Please read these terms carefully. Your use of the Website and/or its services constitutes your assent to the terms.

These Terms may be updated from time to time and it is your responsibility to review these Terms wherever you access the Website. The date on which these Terms were last updated is below and the latest version of these Terms will govern any future usage by you of the Website and our services.

PLEASE NOTE: CONTRIBUTIONS TO A CHILD CANNOT NORMALLY BE WITHDRAWN ONCE MADE. YOU SHOULD ONLY MAKE A CONTRIBUTION TO A CHILD IF YOU ARE HAPPY DOING SO.

Last Updated: 8th November 2021

About Child Gifting Pages

Beanstalk is a family savings app through which a parent (or legal guardian) can open a stocks and shares Junior ISA for a child. One of the features of Beanstalk is that We create an associated Child Gifting Page on the Beanstalk Gifting Website for every Junior ISA that is opened with Beanstalk.

The Child Gifting Page has a unique URL that is given to the Registered Contact so that they can share it with friends and family who might be interested in making a gift into the child's Junior ISA. Only children with open Beanstalk Junior ISAs have Gifting Pages and any contributions made through the Child Gifting Page only go into that child's Junior ISA. Under ISA Regulations, Contributions into a Junior ISA cannot be accessed until the child turns 18 and apart from a few exceptional circumstances cannot be withdrawn until that point.

The Child Gifting Page lists the first name and surname of the parent along with the child's first name. It is your responsibility to ensure that the child to which you donate is the intended recipient. We will do our best to correct any payment errors but we will not be liable if the error is due to a mistake that you make nor for misuse by the child or parent of any contributions made. If you have any doubts as to the beneficiary, you should contact the parent to seek reassurance.

Making Contributions

Through the Child Gifting Page, you can trigger a gift through registering your name, address, contact information, gift amount and adding a personal message. Contributions are then made using Tomato Pay's payment initiation service by which payment can be authorised via your online bank or banking app. You will be asked to accept Tomato Pay's terms and privacy policy as part of the process.

To make a Contribution, you must be aged 18 or over. You must provide us with accurate details about yourself and you warrant to us that all information you give is complete and correct. To comply with anti-money-laundering legislation, we may require you to provide additional documentation in support of a Contribution, and we may decline any Contribution entirely at our discretion.

Beanstalk Gifting is intended for personal use only to contribute to a child with a Beanstalk Junior ISA. Any other use is expressly forbidden and you agree in particular that you will not use Beanstalk, or any of the tools, for an unlawful purpose or for a commercial purpose. When sending messages you must not use offensive, obscene, racist or defamatory language.

You confirm that you understand and agree that any Contributions you make will:

  • be made into the Beanstalk Junior ISA for the child to whom you are making the Contribution;
  • be held in the child's name and will not be accessible by them or anyone else until they are 18;
  • be invested in the fund choice made by the Registered Contact;
  • once made, cannot not be refunded.

Contributions will be held in accordance with the Payment Services Regulations 2009 in a segregated account with a financial institution and will not be available for investment until cleared.

Privacy

Beanstalk's Privacy Policy forms part of these Terms and by agreeing to these Terms, you also give your consent to the way we handle your personal information under that Policy which is available here.

Terms of Access and Copyright

Our Website is made available for use in connection with your use of Beanstalk Gifting. You may retrieve and display URL links and pages from them on a computer or mobile screen only. Any other use of Beanstalk materials such as copying or extracting any of the content or data from the website, use of any tool, program, browser extension or other technique to copy or extract any of the content or data or using the content for purposes for which it was not intended is expressly prohibited without our prior written permission.

The intellectual property in all trademarks, design, graphics, text and other material and its arrangement in the Website is owned by us and our respective licensors and may not be used without our prior written permission.

Beanstalk Gifting provides links to other websites beyond our control. The links to other websites are there for your convenience and we are not responsible for and do not give any warranties or make any representations regarding such websites. We are not responsible for or liable in relation to the content or security of these sites (other than to the extent required by law).

We will do our best to ensure that the Website is available for you to use at any time, but there may be delays to our services and times when it is not available and where we may not be able to facilitate your instructions.

We may suspend the operation of our services if we consider it necessary, including because of technical problems, emergencies, maintenance, regulatory reasons, if we decide it is sensible for your protection, or in periods of exceptional activity.

You must not undertake any action that could compromise the security or effective working of our services. Any such action will be considered a material breach of these Terms.

KidStart is a participant in the Amazon Europe S.à r.l. Associates Programme, an affiliate advertising programme designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.co.uk

Termination

You may discontinue use of the Website and associated services at any time. These Terms will continue to apply to your past use.

Disclaimer and Limitation of Liability

Subject to FCA Rules, we shall not be liable for any losses suffered by you unless the loss arises from our negligence or fraud, or from our failure to comply with applicable laws or the FCA Rules.

We will not be liable for any loss incurred by you which arises, either wholly or in part, as a result of an event which is beyond our reasonable control to prevent and avoid in relation to your use of Beanstalk Gifting including, for example, our inability to communicate with you due to computer failure or any breakdown or failure of transmission, delays or changes in market conditions, currency fluctuation, failure of any third party to perform its obligations, riots, acts of terror or war, industrial action, governmental restrictions, acts of nature, or our taking any action, or omitting to take any action, to the extent we are required to do so under applicable laws and regulations.

We are not responsible for any loss including loss of profit or loss of value in any investment acquired or disposed of or not acquired or disposed of or otherwise in accordance with our rights under these Terms unless such loss results from fraud, wilful misconduct, negligence or breach of regulatory duty by us or any of our employees.

We will take reasonable care and exercise reasonable due skill, care and diligence in the assessment, selection and appointment of payment suppliers and other third parties. We accept responsibility for any losses, damages or costs suffered or incurred by you to the extent these are caused by our negligence, wilful default or fraud in the assessment, selection or appointment of such persons. We will not be responsible in any other circumstance for the acts or omissions of any such third parties.

In any event our liability to you will not exceed a sum equal to the Contributions that have been made by you in the three month period preceding the event giving rise to any such liability. Nothing in this clause will act to limit our liability in respect of any liability that cannot be limited as a matter of law.

Your Liability

You will be responsible for any liability or loss suffered or incurred by Us, the Payment Provider, the Platform Provider, or their Nominee as a result of your breaching these Terms or providing untrue, inaccurate or incomplete information in connection with a Contribution.

This clause will not apply if and to the extent that any liability or loss arises from any negligence, fraud, breach of duty or other basis for loss which cannot be limited by law on the part of KidStart.

No provision of these Terms will or is intended to restrict, qualify or exclude any duty owed to you under applicable laws relating to the provision of services or under the FCA Rules

Third party rights

A person who is not a party to these Terms has no right to enforce any term of these Terms.

Complaints

If you have any complaint in relation to the services provided by us, please notify us by email at [email protected]. We will acknowledge your complaint promptly and arrange for the matter to be investigated in accordance with the rules of the FCA (the "FCA Rules") and report the results to you. Please contact us for a copy of our Complaints Handling Policy

If your complaint is unresolved or not settled to your satisfaction, you may refer it directly to the Financial Ombudsman Service ("FOS"). The address of the FOS is Exchange Tower, London E14 9SR. You can also telephone the FOS at: 0800 023 4 567, or email the FOS at: [email protected]. You can find out further information about the FOS on its website: www.financial-ombudsman.org.uk.

Assignment

This agreement is personal to you and may not be transferred to another person.

We may transfer our rights and obligations under these Terms at any time without your consent to another entity within our group, or to a third party outside of our group where we reasonably consider that the transfer will not compromise your rights.

Governing Law

Any dispute arising in connection with this Agreement will be governed by and construed in accordance with English law and the English courts will have exclusive jurisdiction to settle any such dispute.

If any provision of these Terms become invalid or unenforceable, the relevant provision will be treated as if it were not in the Terms, and the remaining provisions will still be valid and enforceable.

Glossary of Defined Terms

Except where the context requires otherwise, the following definitions apply to all sections of these Terms.

Beanstalk Gifting: The service and associated Website that lets a Registered Contact who has set up a Beanstalk Junior ISA for their child to invite Donors to make a Contribution into that child's Junior ISA.

Beanstalk Junior ISA: A Junior Individual Savings Account managed under the ISA Regulations. The Beanstalk Junior ISA is a Stocks and Shares Junior ISA as defined under ISA Regulations.

Child: A person under the age of 18 who is the beneficial owner of the Beanstalk JISA account and in whose name the Beanstalk JISA account is opened.

Child Gifting Page: a page on the Website unique to a Child with a Beanstalk Junior ISA through which a Donor can make a Contribution for that Child.

Contribution: Cleared funds deposited in a Beanstalk Junior ISA.

Donor: Someone who is invited by a Registered Contact to contribute to their Child's Beanstalk Junior ISA.

FCA Rules: The FCA Handbook and any other rules and guidance of the Financial Conduct Authority, as amended, replaced or supplemented from time to time.

ISA Regulations: The Individual Savings Account Regulations 1998 as amended supplemented and modified from time to time.

Junior Individual Savings Account (JISA): An Individual Savings Account that can be opened by a parent or guardian to save for a child's benefit at age 18.

KidStart (We, Us and Our): KidStart Limited, trading as Beanstalk. KidStart is authorised and regulated by the FCA with registration number 473606

Terms and Conditions (Terms, or T&Cs): These T&Cs, as from time to time amended

Registered Contact: the parent or legal guardian who has set up a Child's Beanstalk Junior ISA

Payment Services Provider (Tomato Pay): Fractal Labs Limited, trading as Tomato Pay, who provide the payment initiation service for Beanstalk Gifting Platform Provider: Third Platform Services Ltd

Website: the Beanstalk Gifting website hosted at gifting.beanstalkapp.co.uk

AS WITH ANY INVESTMENT THE VALUE CAN GO DOWN AS WELL AS UP. PAST PERFORMANCE IS NO INDICATOR OF FUTURE PERFORMANCE. THE TAX TREATMENT OF ISAS DEPENDS ON YOUR INDIVIDUAL CIRCUMSTANCES AND MAY BE SUBJECT TO CHANGE IN THE FUTURE.