THE GIFTIE® SERVICE
The Giftie® Service provides a unique personalised, virtual wrapper for any gift that you purchase for your recipient and it enables your recipient to express further preferences, or alternative, or additional preferences in relation to their gift and to provide specific delivery and other instructions in relation to their gift. Any contract for the purchase of gifts, goods or products (“Contract”) is between You and the supplier or retailer of such gifts, goods or products. We are not a party to such Contract and are therefore not responsible for any breach or non-fulfilment of such Contract by such supplier or retailer. We do not process any payments in relation to any such Contract. Accordingly, You agree to indemnify us for and against any losses, costs, claims or expenses that you as a sender or recipient of any gift using the Giftie® Service suffer or incur as a result of such any breach or non-fulfilment of such Contract by such supplier or retailer.
CONDITIONS OF USE
You acknowledge and agree that the Giftie® Service is currently made available to you for your personal, non-commercial use and you will not and will not allow any other person to use the Giftie® Service for any purpose which is commercial, unlawful or otherwise improper without Giftie’s prior consent.
Without prejudice to the generality of the above provisions you agree as follows: (i) not to use any text, images, graphics, audio, video, or audio-visual materials or data that you do not own or that you have not obtained permission to or acquired the right to use, (ii) not to use any text, images, graphics, audio, video, or audio-visual materials or data with the Giftie® Service that contain any violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive content, (iii) not solicit, collect, use or publish the login credentials of other Giftie® Service users, (iv) not to defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities nor post private or confidential information via the Giftie® Service, including, without limitation, your or any other person’s credit card information, social security, national identity numbers, non-public phone numbers or non-public email addresses, (v) not to use the Giftie® Service for any illegal or unauthorized purpose and to comply with all laws, rules and regulations Giftie® Service, including but not limited to, copyright laws, (vi) that you are solely responsible for your conduct and for any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, links and other content or materials that you use or display on or via the Giftie® Service, (vii) not to change, modify, adapt or alter the Giftie® Service or change, modify or alter another website so as to falsely imply that it is associated with the Giftie® Service, (viii) not to interfere with or disrupt the Giftie® Service or servers or networks connected to the Giftie® Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature nor inject content or code or otherwise alter or interfere with the Giftie® Service in any way, (ix) that you will comply with any requirements, conditions or restrictions imposed by any person on the usage with the Giftie® Service of any third party text, images, graphics, audio, video, or audio-visual materials or data `(“User Content”) and that you accept that you are solely responsible for making use of User Content in compliance with any such third party requirements, conditions or restrictions, (xi) obtain a person’s consent before including their User Content in any way.
We reserve the right to modify or terminate the Giftie® Service or your access to the Giftie® Service for any reason, without notice, at any time, and without liability to you.
We reserve the right to refuse access to the Giftie® Service to anyone for any reason at any time.
You agree that you are responsible for all data charges you incur through use of the Giftie® Service.
We do not claim ownership of any content that you use through the Giftie® Service but you hereby grant to us a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the content that you post on or through the Giftie® Service for the delivery of the Giftie® Service service to you and to recipients of your gifts.
The Giftie® Service may, in the future, be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that we may place such advertising and promotions on the Giftie® Service or on, about, or in conjunction with your content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
The Giftie® Service may contain content owned or licensed by us (“Giftie Content”). Giftie Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and us. We own and retain all rights in the Giftie Content and the Giftie® Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Giftie Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Giftie Content.
The Giftie name, logos, strap-lines and graphics are trademarks of Giftie and may not be copied, imitated or used, in whole or in part, without the prior written permission of Giftie.
Although it is our intention for the Giftie® Service to be available as much as possible, there will be occasions when the Giftie® Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, we reserve the right to remove any content from the Giftie® Service for any reason, without prior notice. Content removed from the Giftie® Service may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, we encourage you to maintain your own backup of your content. In other words, Giftie is not a backup service and you agree that you will not rely on the Giftie® Service for the purposes of content backup or storage. Giftie will not be liable to you for any modification, suspension, or discontinuation of the Giftie® Service, or its effect on any other Giftie® Services, or the loss of any content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of content or other information may not be secure.
You acknowledge that the Giftie® Service may, in the future, be supported by advertising revenues and you hereby agree that Giftie may place such advertising and promotions on the Giftie® Service or on, about, or in conjunction with your content. The manner, mode and extent of such advertising and promotions are subject to change without notice to you. We may at our sole discretion provide the ability to pay to remove advertisements via the settings menu within the Giftie® Service.
THIRD PARTY WEBSITES
Giftie does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Giftie® Service or any hyperlinked services or featured in any banner or other advertising, and Giftie will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
Giftie will use reasonable endeavours to ensure that the Giftie® Service is available for use at all times. However you acknowledge the Giftie® Service is provided over the internet and mobile networks and so the operation and availability of the Giftie® Service may be affected by factors outside of Giftie’s control at any time for any reason. Giftie does not guarantee that use of or access to the Giftie® Service will always be available and/or uninterrupted.
Giftie will not be liable for any support or maintenance of the Giftie® Service.
You acknowledge that the Giftie® Service is provided on an as-is and as-available basis, with no warranty of any kind, express or implied, including its fitness for any particular purpose. Giftie does not guarantee that the Giftie® Service will be free from error, omission or defect, and expressly disclaims any such representation or warranty. Giftie expressly disclaims all liability for the availability, security or reliability of the Giftie® Service.
Giftie may suspend, withdraw, discontinue or change all or any part of the Giftie® Service without notice. In the event of a failure, error or defect of the Giftie® Service, or any part thereof, Giftie will have no liability for any damage or loss this may cause. You agree to use the Giftie® Service at your own risk, and assume, to the maximum extent permitted by law, liability for any loss resulting from your use of the Giftie® Service.
GIFTIE’S INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that except as expressly set out herein, Giftie is the owner or licensee of all rights, titles and interest in and to the Giftie® Service, including all intellectual property rights therein and with respect thereto, including without limitation copyrights, patents, trademarks, associated trade secrets and moral rights (Giftie IPR).
You agree not to challenge Giftie’s exclusive ownership of the Giftie IPR. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content of the Giftie® Service, or allow any virus or ‘Trojan horse’ software to be introduced to the Giftie® Service or the hardware or software systems supporting the Giftie® Service.
You may not use the Giftie IPR (including the trade marks) without specific prior written consent from Giftie in each case.
Giftie’s status as the proprietor of the Giftie® Service must always be acknowledged.
You agree that your use of the Giftie® Service will be at your sole risk. To the fullest extent permitted by law, Giftie, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Giftie® Service and your use thereof. Giftie makes no warranties or representations about the Giftie® Service including but not limited to warranties concerning its functionality, fitness for a specific purpose, quality, accuracy or completeness of the Giftie® Service or the content contained therein or of any site linked to Giftie’s Website.
LIMITATION OF LIABILITY
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may Giftie apply to the Giftie® Service, whether express or implied. Giftie will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (ii) use of, or inability to use, the Giftie® Service or any business interruption, (ii) any inability to access or use the Giftie® Service if locked by us; (iii) use of or reliance on the functionality of the Giftie® Service, (iv) any interruption or cessation of transmission to or from the Giftie® Service, (v) any bugs, viruses, ‘Trojan horse’ software, or the like which may be transmitted to or from the Giftie® Service, (vi) any distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, systems, data or other proprietary material due to your use of the Giftie® Service, or to your accessing website linked to the Giftie Website, (vi) loss of profits, sales, business, revenue or other opportunity, (vi) loss of, goodwill or reputation, (vii) loss of cost savings, (viii) loss of money or investments, (ix)any indirect or consequential loss or damage, (x) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein, and (xi) any errors or omissions in the Giftie® Service or for any loss or damage of any kind incurred as a result of your use of the Giftie® Service
GOVERNING LAW AND JURISDICTION