Giftorie – Gift Registry in India

Terms And Conditions

The following terms and conditions ("Terms and Conditions") govern your use of the World Wide Web Site located at www.Giftorie.com (the "Site"). By accessing, viewing, or using this Site or the content, material, services or any other item or offering available on or through this Site, you represent that you have read and understand these Terms and Conditions, and you agree to them and intend to be legally bound by them. If you do not agree to and intend to be legally bound by these Terms and Conditions, you are not granted permission to use this Site and must exit immediately.

iCierge Etail Pvt.Ltd.("Giftorie") reserves the right at any time to modify, alter, or update these Terms and Conditions. Notice of any new or revised Terms and Conditions, as well as the location of the new or revised Terms and Conditions, will be posted on the Site for at least 60 days after the change. It is the obligation of users visiting the Site before the change to learn of changes to the Terms and Conditions since their last visit. Any change to these Terms and Conditions shall be effective as to any visitor who has visited the Site before the change was made. The Site and Site Materials (defined below) are available only to individuals at least 18 years of age, and to individuals between 13 and 18 years of age who have their parent's consent to use the Site or Site Materials and to be bound by these Terms and Conditions. If you are not at least 18 years of age, or if you are between 13 and 18 years of age but do not have your parent's consent to use the Site or Site Materials and to be bound by these Terms and Conditions, you are not granted any right or permission to use the Site or Site Materials and you must exit the Site immediately.

1. Proprietary Rights

All works of authorship, information, content, functional components, software, downloads, upgrades, documentation, service packages, services, and material and any other item or offering appearing on, made available via, or contained in this Site ("Site Materials") are protected by law, including, but not limited to, India copyright law. Except as explicitly stated in the Site, the entirety of the Site Materials (including, without limitation, data, illustrations, graphics, audio, video, photographs, pictures, recordings, drawings, sketches, artwork, images, text, forms, algorithms, and look and feel attributes), and any and all right, title, and interest therein, are exclusively the property of Giftorie (including, without limitation, all copyrights therein) or Giftorie's affiliates, licensors or suppliers or other respective intellectual property owners. All rights reserved. Giftorie owns a copyright in this Site as a collective work and compilation, and in the selection, coordination, arrangement, organization, and enhancement of the Site Materials. Removing or altering any copyright notice or any other proprietary notice on any Site Materials is strictly prohibited. Any reproduction, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, or collection of, or any Site Materials or any other proprietary information of Giftorie without Giftorie's advance written consent, is prohibited. You may use this Site and the Site Materials only for your personal, non-commercial purposes. Any commercial use of the Site and/or any or all Site Materials, in whole or in part, without the prior written consent of Giftorie is prohibited. All names, trademarks, service marks, symbols, slogans, and logos appearing on the Site are proprietary to Giftorie, its affiliates, partners, licensors, or suppliers or other respective intellectual property owners. Any misuse or other unauthorized use of these trademarks is expressly prohibited and may violate central and state trademark law.

2. Materials Submitted to the Site

This Site may allow you to directly or indirectly post, select, designate, or provide information, photographs, questions, and other materials to this Site. Giftorie does not guarantee the accuracy or completeness of any postings or other contributions to the Site and is not responsible or liable for any postings or other contributions. By posting, selecting, designating, or providing information, photographs, questions, and/or other materials ("User Materials"), you represent, warrant, and covenant that you have the full legal right to post, select, designate, and/or provide the User Materials and that use of the User Materials by you, Giftorie, and all other persons and entities will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including, but not limited to, as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) be obscene or otherwise violate any community or Internet standard; (e) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (f) result in product liability, tort, breach of contract, personal injury, death, or property damage; (g) constitute misappropriation of any trade secret or know-how; or (h) constitute disclosure of any confidential information owned by any third party. Upon your posting, selecting, designating, or providing of User Materials, you grant Giftorie, and Giftorie thereby accepts, a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, the User Materials for the purpose of providing the Site and Site products and services and for all other business purposes of Giftorie, all without any compensation to you whatsoever. Further, Giftorie is free to use any ideas, concepts, photographs, methods, know-how, techniques, and processes contained in any User Materials for any purpose whatsoever, including, but not limited to, creating and marketing products, information, or services using such information.Giftorie may remove User Materials from the Site for any or no reason, in Giftorie's sole discretion, with or without notice. Giftorie shall not be responsible for changes, modifications, or removal any User Materials. If you believe that any content or postings on this Site violate your intellectual property or other rights, please follow our Complaint Procedure in Section 9 of these Terms and Conditions.

3. Third Party Materials, Products and Services

Parties other than Giftorie may provide products or services via or referenced on the Site. Giftorie expressly disclaims any and all responsibility for or related to

  • the accuracy and completeness of any and all third-party information, products and/or services or
  • the transactions you conduct or enter into with these third parties.

4. Nature of the Internet

Given the nature of the Internet, the transmission of any communication or material to Giftorie via the Site or Internet electronic mail, whether encrypted or otherwise, cannot be guaranteed as, and is not represented to be, secure. Alternative to communicating via the Internet or electronic mail, Giftorie can be contacted by regular mail at J112, 2nd Floor, Mayfield Garden, Sector 51 Gurgaon, Haryana 122018, India

5. Privacy Statement

Giftorie has a Privacy Statement setting out Giftorie's online information gathering and dissemination practices with respect to the Site. Click Here to view the Privacy Statement, which is incorporated into these Terms and Conditions by reference, as if set forth fully herein.

6. Disclaimer of Warranty and Liability

this site and the site materials are made available "as is" and "with all faults." use of this site and the site materials is entirely at your own risk. giftorie makes no representations or warranties, and disclaims all representations and warranties, with respect to this site, the site materials, and the user materials, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, accuracy, systems integration, non-interference, quality, title, and non-infringement. the entire risk as to satisfactory quality, performance, accuracy, completeness, and effort with regard to the site and any and all site materials and user materials is with you. giftorie shall not have any responsibility or assume any liability for any data, information, or material uploaded to the site, made available via the site, or transmitted by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, indecency, lewdness, harassment, threats, abuse, or profanity you may encounter in using the site, site materials, or user materials. neither g, nor any of its directors, officers, members, employees, contractors, agents, or representatives shall be liable for any special, indirect, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatever, including, without limitation, lost revenues or lost profits, which may or do result from the site, the site materials, the user materials, or the use of, access to, or inability to access or use this site, the site materials, or the user materials, regardless of legal theory (including, but not limited to, negligence or strict liability), whether or not any party had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. under no circumstances will the total liability of giftorie to you or any other person or entity in connection with, based upon, or arising from this site, the site materials, or the user materials exceed the price paid by you for use of this site.

7. Corrections and Changes to Site and Site Materials

Giftorie endeavors to keep the Site and Site Materials on, in, and through this Site up-to-date. Without limiting anything else in these Terms and Conditions or otherwise, Giftorie is not responsible for any errors or omissions in the Site or Site Materials. Giftorie may make changes to the Site or Site Materials, or to the products, information, or services made available in connection with this Site, at any time with or without notice, and Giftorie makes no commitment to update the information contained on or in this Site. Giftorie reserves the right to terminate your access to this Site in the event that you violate these Terms and Conditions or for any reason whatever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.

8. Indemnification

You agree to defend Giftorie and its affiliates, directors, officers, employees, agents, representatives, members, proprietors, partners, shareholders, servants, principals, predecessors, successors, assigns, accountants, attorneys, and contractors ("Giftorie Indemnitees") against all claims, actions, suits, and other proceedings of third parties arising out of or incurred in connection with: this Site, the Site Materials, or the User Materials; your use of this Site, the Site Materials, and the User Materials; your fraud, violation of law, or willful misconduct; the acts or omissions of any third party; or, any breach by you of these Terms and Conditions (collectively, "Claims") and you agree to indemnify and hold all Giftorie Indemnitees harmless from and against all judgments, losses, obligations, risks, liabilities, damages, costs, settlements, and expenses (including, but not limited to, reasonable attorneys' fees and attorneys' disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of Giftorie.

9. Complaint Procedure

If you believe that any content or postings on this Site violate your intellectual property or other rights, please send to Giftorie at the address listed in Section 4, addressed to the attention of Web Manager, a comprehensive detailed notice setting forth all applicable facts and assertions, including

  1. your address, telephone number and e-mail address,
  2. a statement by you that you have a good faith belief that the disputed use is not authorized by you or owner of the item or rights, your or the owner's agent, or law,
  3. a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of the item or rights in question or are authorized to act on the owner's behalf, and
  4. your electronic or physical signature or the electronic or physical signature of the owner of the item or right in question. Giftorie will terminate access for any members who are repeat infringers. For copyright complaints, please send to Giftorie's "Copyright Agent" at the address listed in Section 4 (or to customercare@giftorie.com, with "COPYRIGHT COMPLAINT" in the subject line), a comprehensive detailed notice,

    including:

    1. a description of the copyrighted work that has been infringed and the specific location on the Site where such work is located;
    2. a description of the location of the original or an authorized copy of the copyrighted work;
    3. your address, telephone number and e-mail address;
    4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
    5. a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
    6. an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

10. Use of the Internet

Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Without limiting anything else in these Terms and Conditions or otherwise, neither Giftorie nor its contractors will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

11. User Content Agreement

By using the Giftorie service, you agree:

  • to submit no Materials that contain content that is unlawful, defamatory, offensive, abusive, libelous, threatening, pornographic, harassing, racially or ethnically offensive or otherwise unfit; Materials containing advertisement or solicitation of business; Materials that do not infringe or misappropriate any patent, copyright, trademark, trade secret or any other proprietary intellectual property rights of others; or Materials that encourage any illegal activity, criminal offense or civil liability;
  • to submit no unauthorized or unsolicited bulk messages or any other solicitations or communications through the Giftorie Site;
  • to not impose an unreasonably large load (bandwidth) on the Giftorie Service, or use a computer programming routine, file or device to damage or interfere with the operation of the Giftorie Service;
  • to be solely responsible for photos, captions to photos, videos, messages (sent and received), and other content that is uploaded, published, or displayed on or through the Giftorie Site;
  • to be responsible at your sole cost and expense for creating backup copies and replacing any Content you post or store on the Site or provide to Giftorie;

You also agree that:

  • Giftorie has no obligation to monitor any of the Materials, but may do so;
  • If you terminate your registration, your Materials will be deleted from the Giftorie Service; Giftorie will reasonably attempt to delete any Materials you provide, however, you acknowledge and agree that copies, derivatives of the Materials may still reside within the Service, such as, for instance, backup copies;
  • Giftorie does not guarantee, nor is Giftorie responsible for, the removal of all traces of the Materials from the Service after you delete the Materials or after your registration is terminated;
  • Giftorie is in no way responsible for the deletion of the copies of the Materials that reside outside of the Service;
  • Giftorie is authorized to make copies thereof as they deem necessary in order to facilitate the posting and storage of the User Content on the Site. Giftorie may delete or remove without notice any Site Content or User Content in its sole discretion, for any reason or no reason, including Content that in the sole judgment of Giftorie, might be offensive, illegal, or that might violate the rights, harm or threaten the safety of users or others.

12. GIFTORIE Forums User Agreement

By accessing the Giftorie forums, you agree to be legally bound by the following terms. You agree:

  • to not post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-oriented or any other material that may violate any laws to the Giftorie forums. Doing so may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us. The IP address of all posts are recorded to aid in enforcing these conditions.

Giftorie reserves the right to store any information in a database that the user has entered in the Giftorie forums. Furthermore, Giftorie has the right to remove, edit, move, or close any topic at any time in the Giftorie forums should we see fit.

13. Links to Other Web Sites

This Site may, from time to time, contain links to third-party Internet Web sites for the convenience of users in locating, identifying, referencing, and/or purchasing information, products, or services. These links may appear in the form of text links, advertisements, banners, buttons, integrated gift services, digital cash, digital gift certificates, or otherwise. These sites are maintained by organizations over which Giftorie exercises no control, and Giftorie expressly disclaims any and all responsibility for the content (including, without limitation, information, links, text, graphics, and other items), completeness, and accuracy of and errors and omissions related to such Web sites and the information, offers, products, and services provided or offered by or advertised on these third-party sites, including, without limitation, the availability and pricing of any products or services. Giftorie additionally disclaims any and all responsibility for the transactions that you conduct or enter into with the owners or operators of these Web sites. Further, neither Giftorie nor its affiliates endorses the individuals, companies, or other persons or entities, or any products or materials associated with such individuals, companies, or other persons or entities, that provide products, information, or services. You should carefully review their privacy statements and other conditions of use.

without limiting anything else in these terms and conditions or otherwise, giftorie makes no representations or warranties as to the quality, fitness, workmanship, value, appropriateness, or reliability of the products or services available via or on these sites or the solvency or financial viability of any advertiser, licensor, third party, or affiliate. without limiting anything else, giftorie will not reimburse or indemnify you for any losses you may incur as a result of transactions with any other third party or otherwise. users are advised to use discretion in selecting companies to do business with online.

15. Governing Law and Jurisdiction

Except as otherwise expressly provided in any other written agreement between you and Giftorie, these Terms and Conditions, including, without limitation, the Privacy Statement, represent the entire agreement between you and Giftorie with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of Haryana, without reference to its conflict of law rules; provided, however, that the terms of any applicable law now or hereafter enacted that is based on, derived from, similar to, or connected with the uniform computer information transactions act drafted by the national conference of commissioners on uniform state laws or the convention on contracts for the international sale of goods shall not apply except to the extent that the law expressly prohibits alteration by these terms and conditions of the applicability of one or more sections of the law. By accessing, viewing, or using any of the works, content, or materials on this Site, you consent to the exclusive jurisdiction of the central and state courts presiding in Haryana, India, and agree to accept service of process by personal delivery or mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

16. Securities Information

This Site and the information contained herein do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities. This Site may contain information and press releases about Giftorie, and although this information was believed to be accurate as of the date prepared, Giftorie disclaims any duty or obligation to update such information.

17. Payment Card Industry Data Security Standard and Related Standards and Regulations

You acknowledge that Giftorie has no control over its partners, merchants, and any third party sites which appear or are linked to from the personal gift lists on the Site. Giftorie has no knowledge and makes no representation, warranty, or guarantee that such partners, merchants, or third parties are compliant with the Payment Card Industry Data Security Standard and related standards and regulations.

18. Miscellaneous

This Site is controlled and operated by Giftorie from its offices within India. Without limiting anything else, Giftorie makes no representation that the works, content, materials, services, information, or products available on, in, or through the Site are appropriate or available for use in other locations. Access to them from territories where they are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable laws. Headings used in these Terms and Conditions, including, without limitation, the Privacy Statement, are for reference only and shall not affect the interpretation of these Terms and Conditions (or the Privacy Statement). The waiver or failure of Giftorie to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any other rights established under these Terms and Conditions. neither these terms and conditions, nor any rights or obligations under these terms and conditions, may be assigned, delegated, transferred, or made the subject of a security interest or otherwise encumbered, in whole or in part, by you without the prior written consent of giftorie. any assignment in violation of this paragraph shall be void.

This Terms and Conditions Statement is effective December 25, 2016

Last Updated: 26/12/2016