1. Use of the Website
2. Limited License
Subject to the Terms stated herein, Giftsmate grants you a limited, revocable, and nonexclusive license to the access and use the Website and Service for personal, non-commercial use only. The Terms do not authorize you to collect, aggregate, copy, duplicate, reproduce, transmit, display, produce, perform, distribute, sell, license, or create derivative works of any portion of the Website and Service, without the express written permission of Giftsmate. Moreover, you are not authorized to compile or republish the content in any form. You agree to not decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code for this Website and Service. In addition, you shall not use robots, spiders, and manual or automated software or scripts, or data mining or similar data extraction tools to access, scrape, crawl or spider the Website. A limited exception to the prohibition is granted to internet search engines and non-commercial archives.
3. Intellectual Property Rights
The Website contains intellectual property rights owned by Giftsmate and any unauthorized use of the Website may violate or infringe upon the intellectual property rights of Giftsmate or a third party. Specifically, Giftsmate owns the Giftsmate.net name, trademarks and logos, as well as other protected trademarks, . You agree to not use the Giftsmate Marks without written permission from Giftsmate. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that are part of this site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Giftsmate, and are protected by Indian and international copyright laws and treaties. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Giftsmate and is also protected by India and international copyright laws. All photographs created by the personalization of products, including photographic previews, are owned exclusively by Giftsmate and, if there is any dispute about ownership, by accessing and using this Website and its Services, you agree to assign any such rights to Giftsmate. If you breach any of these Terms or otherwise infringe upon any intellectual property rights, then your authorization to use the Website and the license granted herein is automatically terminated.
4. Age Requirements/Eligibility
You affirm that you are over the age of eighteen (18), as the Service and this Website are not intended for individuals under the age of 18. You affirm that you are able to enter into Terms, abide by and comply with these Terms. If you are under 18 years of age, then please do not use the Service and access this Website.
5. Rules of Conduct for Users
BY ACCESSING THIS WEBSITE OR USING THIS SERVICE, YOU REPRESENT AND WARRANT THAT YOU WILL ABIDE BY AND COMPLY WITH THE TERMS CONTAINED HEREIN, INCLUDING THE FOLLOWING RULES OF CONDUCT FOR USERS:
A. You shall use the Service at your own risk.
B. While not condoned or allowed under these Terms, the Website may contain material you feel is offensive or inappropriate material, and you are solely responsible for such exposure.
C. The Website may not be used for any illegal or unauthorized purpose, and you agree to comply with all applicable laws regarding online conduct and acceptable content.
D. You shall not take any action on the Website that would disrupt, damage, or harm the Service.
E. If you are a registered user, then you are solely responsible for your account, including any activity undertaken under your username and password. You agree to notify Giftsmate promptly if there is an unauthorized use or access to your account, or any other breach of security.
F. You alone are responsible for your conduct and materials or content you submit, display or post on the Service. In doing so, you confirm to Giftsmate that the picture or other material submitted by you for the purpose of processing or printing belongs to you, and you are competent to share it. Any liability of any kind arising from the wrongful use of any such material is upon you only, and Giftsmate is not liable in any way in this regard.
G. You shall not use the Service to process prohibited content. Prohibited content includes content or other material that Giftsmate.net believes:
1. Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
2. Contains copyrighted material used without written permission of the owner;
3. Violates or otherwise encroaches on the rights of others;
4. Advocates illegal activity;
5. Harms anyone, including minors; or
6. Provides a link to any of the above.
H. You are not allowed to harvest, create, send or distribute any unwanted or unsolicited email or communications to Users, or otherwise violate any anti-spamming laws.
I. The collection and harvesting of private or personally identifiable information is strictly prohibited.
J. If applicable, you agree to abide by the Consumer Review Posting Policy and My Personal Rewards Agreements, which supplement these Terms.
K. Giftsmate.net also reserves the right to cancel your order should it be deemed inappropriate in terms of language, content, or material.
6. Use of Website and Services at own Risk
You are solely responsible for your actions on the Website and Service, and for any content that is submitted, accessed, downloaded, linked to, or retrieved from or through the Website or Service. You expressly agree that you bear all risk related to your use of the Website and Service.
7. No Warranty
To the extent local law does not allow limitations on warranties, this provision may not apply in its entirety. Use of this Website and Service is at your own risk. The Website, the Service, as well as the products ordered, are provided on an “as-is” basis. Giftsmate, and its officers, directors, employees, affiliates, and agents, expressly disclaim any and all representations and warranties, whether express or implied, in this regard, including and not limited to implied warranties in respect of merchantability, fitness for a particular purpose, title, non-infringement, and ownership. Giftsmate or its officers, directors, employees, affiliates, and agents do not represent or warrant the accuracy, reliability, timeliness, or completeness of the website, service, as well as the products ordered. All due care is taken in respect of the content and workability of the website and service, as also for processes deployed for personalisation of merchandise. Any loss arising in these respects is completely at your risk, and Giftsmate or its officers, directors, employees, affiliates, and agents shall not be responsible or liable in regard thereto.
8. Notification of Copyright Infringement
In accordance with the Indian Laws, Giftsmate is registering with the Indian Copyright Office as a Service Provider. If you are a copyright owner or an agent thereof and believe that any content on the Website infringes upon your copyrights, you may submit a notification pursuant by providing Giftsmate with the following information in writing:
a. Physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and
d. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any notifications of claimed copyright infringement must be sent to Giftsmate, M/S Avenir Labs, 40 Gandhi Market, Minto Road, New Delhi 110002 India. The failure to comply with all of the requirements set forth above under the Copyright Act may result in an invalid notice.
At Giftsmate’s sole discretion, Giftsmate may terminate and close the accounts of Users who are offenders or infringers, including any Rewards Points and account. In addition, Giftsmate reserves, at its sole discretion, the right to limit or restrict access or otherwise terminate and close the accounts of any Users who infringe upon the intellectual property or other proprietary rights of third parties.
9. Linking to Third-party Websites
The Website may contain links to third-party websites that are not owned, controlled, endorsed or sponsored by Giftsmate. Giftsmate makes no representations or warranties regarding the content on these websites. These websites also contain different terms and conditions and privacy policies, and by visiting these websites you accept any and all risk.
10. General Contractual Clauses
b. LIMITATION OF LIABILITY: To the extent your local law does not allow the limitation of liability, then this provision may not apply in its entirety. To the fullest extent provided under the law, Giftsmate, including its officers, directors, employees, affiliates, and agents have no obligation or liability to you or any third party, whether arising in contract, warranty, tort, (including negligence, product liability, or otherwise) for any direct, indirect, incidental, exemplary, punitive, special, or consequential damages (including any loss of data, revenue or profit) arising out of or with your use of this Service, the Website, any content submitted by you or any content submitted by other users, registered or not, even if you have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the company’s liability to you for any cause of action whatsoever, and regardless of the action, will at all times be limited to injunctive relief only, and you are not entitled to damages of any kind, unless otherwise permitted by law.
c. INDEMNIFICATION: You agree to indemnify, defend, and hold Giftsmate, and its officers, directors, subsidiaries, affiliates, parents, assigns, agents, service providers, suppliers, and employees, harmless from and against any and all losses, claims, liabilities, demands, including reasonable attorneys’ fees and costs, made by any third party arising out of or related to your use of the Website or Service, including but not limited to any content submitted by you, your violation of these Terms, any damage you caused to another, your breach of the representations and warranties, and the violation of the rights of another. These obligations survive these Terms and your use of the site.
d. ASSIGNMENT: Users may not assign, convey, or otherwise transfer their rights under these Terms; however, Giftsmate may assign, convey or transfer without any restriction or notice.
e. TERMINATION: Your access and use of the Website and Service is at the sole discretion of Giftsmate. Giftsmate may remove any content and/or terminate your access without notice for any reason, and Giftsmate is not liable for any such termination.
f. MISCELLANEOUS PROVISIONS
i. Governing Law/Venue: These Terms shall be governed by and construed in accordance with the laws of the State of Delhi, India. The state and federal courts in New Delhi, India specifically, shall be the exclusive forum and venue for any disputes that arise under or are related to these Terms. You hereby consent to personal jurisdiction in New Delhi.
ii. Amendment: Giftsmate is free to alter, amend, or change these Terms at any time without notice. The amendments will be prospective only. You are encouraged to review these Terms from time-to-time because they may change without notice, and your use of the Website and Service is governed by the Terms in place at that time.
iii. Entire Agreement: These Terms reflect the entire agreement between you and Giftsmate. You may be subject to additional terms and conditions when you submit, download, access, or use third-party content.
iv. Enforcement: The failure to enforce any Term is not a waiver of such Term. Regardless of any statute, law, or regulation to the contrary, any claim, demand, or cause of action related to the Website, Service or the Terms must be filed within one year after the date it arose, otherwise it will be barred. If any provision or sections of these Terms is found to be invalid by a court of competent jurisdiction, then parties agree that the court should endeavor to give effect to the intent of the parties, and the remaining provisions or section remain in full force and effect.