Terms of Use

Access to Our Website

GifterStop gives you conditional permission to access and use our Website. This permission is based on your continued and complete adherence to these Terms of Use.

Here's what you need to know about accessing and using the GifterStop Website:

• Personal Use Only: You can only use this Website for your personal, non-commercial use. You may download a single copy of materials from the Website, but strictly for your personal, non-commercial home use.

• No Reselling or Sub-licensing:You cannot rent, transfer, assign, commercially exploit, resell, or sub-license access to the services or products available on the Website to any third party.

• No Automated Systems:You agree not to use or launch, or cause to be used or launched, any automated, computerized, analog, or hybrid system or program in connection with the Website or online ordering. This includes, but isn't limited to, publishing or distributing vouchers or codes, using robots or spiders, employing offline readers, placing pop-up windows over our pages, or otherwise affecting how our pages are displayed. GifterStop can revoke these exceptions at any time, either generally or in specific cases.

• No Data Harvesting or Solicitation:You agree not to collect or harvest any personally identifiable information from the Website. You also agree not to use the communication systems provided by the Website for any commercial solicitation purposes, and you will not solicit any users of the Website regarding the information they've submitted.

• No Unauthorized Use of Content: Unless we've given you prior written permission, you cannot modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, deep link, or otherwise use any information or material obtained from or through this Website.

We always try to give you uninterrupted access to the Website and ensure that transmissions are error-free. However, because of the nature of the internet, your access to the Website might sometimes be suspended or restricted. This can happen for repairs, maintenance, or when we introduce new features or services on the Website, and it may occur at any time without prior notice. We will always try to limit how often and for how long any such suspension or restriction lasts.

User Eligibility

The Website is intended for use by individuals who can legally enter into contracts under the Indian Contract Act, 1872.

If you are a minor, meaning under the age of 18 years, you may only use the Website with the direct involvement and supervision of your parent or legal guardian. Your parent or guardian will be responsible for your use of the Website and for ensuring compliance with these Terms of Use.

Intellectual Property Rights

The GifterStop Website contains many valuable intellectual properties, including but not limited to trademarks and copyrighted materials used and owned by GifterStop, its affiliates, and related entities. These intellectual properties distinguish GifterStop’s quality products and services. They are protected from reproduction and simulation under national and international laws and shall not be copied without the prior express written permission of GifterStop.

The text, graphics, and the Website’s HTML code (including flash files, JavaScript, etc.) contained on the Website are the exclusive property of GifterStop, its affiliates, or related entities. Unless otherwise specified, the text, graphics, and HTML code contained herein shall not be copied, distributed, displayed, reproduced, adopted, or transmitted in any form or by any means without the prior express written permission of GifterStop.

The intellectual property on the Website, except for all User Submissions (as defined elsewhere in these Terms), including but not limited to text, software, scripts, graphics, photos, logos, images, concepts, sounds, music, videos, interactive features, and anything else capable of being copyrighted under applicable laws (“Content”), and the trademarks, service marks, and logos contained therein (“Trademarks”), are owned by or licensed to GifterStop. These are subject to copyright and other intellectual property rights under applicable laws and international conventions.

Content on the Website is provided to you for your information and personal use only. It shall not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of GifterStop or the respective owners (where applicable). GifterStop reserves all rights not expressly granted in and to the Website and its Content. You agree not to engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

Regarding the use of trademarked names in metatags and/or hidden text, we have a no-tolerance policy. The use of trademarked names in metatag keywords is considered trademark infringement, and the use of trademarked terms in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines shall be considered unfair competition.

Linking to any GifterStop web page is prohibited and is subject to prior permission from GifterStop. Framing the GifterStop website with links, advertisements, and/or other information not originating from the GifterStop website is expressly prohibited.

Copyright

Unless otherwise indicated, all content on the Website, including text, graphics, images, and logos, is the property of GifterStop or its content suppliers and is protected by international copyright laws and regulations. Additionally, GifterStop owns a copyright on the Website as a collective work or compilation, and in the selection, coordination, enhancement, and arrangement of the site's content. Except as explicitly provided herein, GifterStop does not grant any explicit or implicit rights to you. GifterStop actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

Trademarks

GifterStop, and other names, graphics, logos, and icons identifying GifterStop or its products or services, are the proprietary marks of GifterStop. These trademarks may not be used in connection with any product or service that is not GifterStop's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GifterStop. All other trademarks not owned by GifterStop that appear on the Website are the property of their respective owners.

Your Account

When you use our Website and register by providing your personal details, you agree to receive communications from us regularly. If you use the Website and create an account, you're responsible for:

• Keeping your account and password confidential.

• Restricting access to your devices (like computers, laptops, tablets, mobile phones, etc.).

You agree to accept responsibility for all activities that happen under your account or password.

It's your responsibility to keep your data updated at all times. GifterStop reserves the right to refuse service, terminate accounts, remove content, or cancel orders at its sole discretion.

GifterStop tracks your activities on the Website to provide you with the best offers and services. We may ask you to register or provide your details before you make any transaction on the Website. This information includes your name, age, phone number, email ID, and billing and shipping addresses. We may share this information with our staff and trusted third parties to fulfill your order. However, we ensure that such information remains secure and confidential with them. We may release your data if ordered by a court or any government agency under the law.

We may use your email ID or phone number to send you our best offers and information about our products and services. However, you're free to notify us at any time if you're not interested in receiving such information, and we will remove your data from these mailing lists. Additionally, you can ask us to remove your data and details from our systems, and we will do so accordingly.

Disclaimers, Limitations, and Exclusions of Liability

While GifterStop aims to provide the most accurate and up-to-date material available, the information, materials, products, and services on the Website may sometimes include inaccuracies, typographical errors, or outdated information. GifterStop may also make modifications or changes to the Website, or to the information, materials, products, and services described on the Website, at any time.

GifterStop is not responsible for any typographical or pricing errors on the Website. We reserve the right to refuse or cancel orders at any time, including but not limited to orders that contain incorrect prices or product descriptions, orders where GifterStop believes the customer has violated applicable law, or orders that GifterStop believes are harmful to GifterStop or its affiliates. We also reserve the right to limit the number of items purchased or orders placed through the Website.

You assume the sole risk of making use of or relying on the information, materials, products, and services available on the Website. GifterStop makes no representations about the suitability, completeness, timeliness, reliability, legality in your jurisdiction, or accuracy of the information, materials, products, and services described or contained on the Website for any purpose.

To the fullest extent permitted by applicable law, GifterStop disclaims all warranties, express or implied. This means we do not guarantee the merchantability (fitness for sale), fitness for a particular purpose, non-infringement, system integration, data accuracy, or uninterrupted use of the Website. GifterStop does not warrant that the Website, its servers, or emails sent from the Website are free of viruses or other harmful components.

GifterStop and its affiliates will not be liable for damages of any kind arising from the use of the Website, including, but not limited to, direct, indirect, incidental, punitive, or consequential damages or special damages in connection with these Terms of Use, the service, the Website, or the products. This applies whether or not such damages were foreseeable, and even if GifterStop was advised that such damages were likely or possible.

In no event will GifterStop's total (aggregate) liability to you for any and all claims arising in connection with these Terms of Use, the service, the Website, or the products exceed INR 500 (Rupees Five Hundred Only). This INR 500 shall be the sole and exclusive remedy available to you, subject to proof of actual damages. You agree and acknowledge that this limitation of liability is an essential term between you and GifterStop related to the provision of the Website, the service, and the products, and GifterStop would not provide these to you without this limitation.

GifterStop and its affiliates will not be liable for any damages of any kind arising in relation to:

• The use or consumption of products procured or manufactured by third parties (our partner stores).

• The products delivered to you by any third party (including third-party delivery services). GifterStop takes no responsibility for examining or evaluating the products and services offered by these third parties. GifterStop does not warrant the offerings of any of these businesses or individuals, nor does GifterStop endorse, in any way, any third-party products, services, or their website content. Any claim in respect of such matters shall be made directly with the third party.

If GifterStop is unable to deliver your order, a complete refund will be issued to you. However, we shall not be liable for any other charges, loss of profits, emotional stress, or any other liability caused due to non-delivery.

Your Promises and Guarantees to GifterStop

By using the GifterStop Website, you acknowledge, represent, and guarantee the following to us:

• Your Responsibility for Use: You will be solely responsible for your use of this Website, including any content, material, and information you post or publish. You promise to use this Website legally and only for its intended purposes.

• Compliance with Terms:You will fully comply with these Terms of Use.

• Full Accountability:You will be fully responsible for your use of this Website, including all financial charges and any legal liability you might incur.

• Understanding Service Limitations:You understand that the internet or GifterStop’s systems, services, and equipment may sometimes be inoperative (fully or partially). This can happen due to mechanical breakdown, maintenance, hardware or software upgrades, communication issues, connectivity problems, or other factors beyond GifterStop’s control. You acknowledge that GifterStop will not be held liable for any failure or inability to provide continuous, error-free, or uninterrupted services under these or any other circumstances.

• Third-Party Links: The Website may contain links to websites not maintained by or related to GifterStop. These links are provided as a service to users and are not sponsored by or affiliated with GifterStop. GifterStop has not reviewed the websites linked to or from this Website and is not responsible for the content of any other website. You access these links at your own risk. GifterStop makes no promises or guarantees about the content, completeness, or accuracy of these links or the websites they lead to. Furthermore, GifterStop does not implicitly endorse any third-party websites linked from its Website.

Use of Communication Section on the Website

Let's work on the section detailing user conduct and prohibited activities on GifterStop. This is a very important part of your Terms of Use.

User Conduct and Prohibited Activities

Certain sections and services on this Website may offer you a platform to express yourself and facilitate interaction between users, including through messages or communication features. By using these features, you agree to the following rules. You promise not to:

a) Use the platforms provided by this Website for any purpose other than what GifterStop expressly permits. b) Post any content on this Website, whether or not it contains links, that promotes or is related to any competitor of GifterStop. c) Collect, post, or submit any incomplete, fake, false, or inaccurate biographical information on this Website. d) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights or have received all necessary permissions. e) Upload, post, publish, distribute, transmit, link, or otherwise make available or share through this Website any content that is unlawful, harmful, defamatory, infringing, obscene, racist, pornographic, threatening, indecent, or otherwise objectionable material or information. f) Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (like privacy and publicity rights) of other users of the Website. g) Upload, post, transmit, or otherwise send any unsolicited or unauthorized advertising, promotional content, junk mail, spam, hacker programs, chain letters, or other unsolicited bulk email or duplicate messages. You also agree not to overload or 'flood' this Website’s systems and infrastructure. h) Upload files that contain viruses, trojan horses, worms, cancelbots, corrupted files, or any other similar harmful software, programs, or malicious codes. i) Attempt to decipher, decompile, disassemble, or reverse engineer any of the software that makes up a part of this Website. j) Aggregate, copy, or duplicate in any manner any content or information available from this Website. k) Attempt to gain unauthorized access to this Website or its services, other users’ accounts, or computer systems, including through password mining or other methods. You also agree not to engage in any systematic extraction of data or data fields, including email addresses. Collecting email addresses from profile pages or the user database for any use without GifterStop's and/or the user’s written permission is considered theft, and legal action will be taken against offenders. l) Upload, share, or otherwise distribute any text, graphics, images, videos, or data that is unlawful, threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another’s privacy, or that impersonates another person. m) Upload, share, or otherwise distribute any text, graphics, images, videos, or data that victimizes, harasses, degrades, or intimidates an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability.

Disclaimer of Warranties

GifterStop has taken precautions to keep our Website safe, secure, and functioning properly. However, we cannot guarantee the continuous or uninterrupted operation, availability, or access to the Website.

You agree that you are using the Website at your own risk. The Website, all its content, services, additional tools, features, guidance, and information provided by GifterStop are given to you on an "as is" and "as available" basis.

Therefore, to the fullest extent permitted by applicable law, GifterStop excludes all express or implied warranties, terms, and conditions. This includes, but isn't limited to, implied warranties of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, non-infringement, and/or legality of the products listed, displayed, or transacted, or the content (including product or pricing information and/or specifications) on the Website.

You hereby expressly release GifterStop and/or its affiliates, as well as each of their subcontractors, directors, officers, employees, agents, and representatives from any cost, damage, liability, or other consequence of any actions or inactions of the users of the Website. You specifically waive any claims or demands that you may have in this regard under any statute, contract, or otherwise.

Unless otherwise specified, the products and services on the Website are presented solely for the purpose of sale in India. GifterStop makes no representation that products or services sold through the Website are appropriate or available for use in countries other than India. Those who choose to access the Website from outside India do so on their own initiative. GifterStop is not responsible for the supply of products/services and/or refunds for products/services ordered from countries other than India, and/or compliance with local laws, if and to the extent local laws are applicable.

User Submissions

GifterStop welcomes your comments about your shopping experiences with us and your suggestions on how to improve the Website. Any comments, ideas, suggestions, information, or any other content you contribute to GifterStop or the Website (including the name you submit with any content) will be considered to include a royalty-free, perpetual, irrevocable, non-exclusive right and license for GifterStop to:

• Adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content without additional approval or payment.

• This license applies to any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content.

• You waive any claim to the contrary.

You agree and understand that whether or not such User Submissions are published on the Website, GifterStop does not guarantee any confidentiality with respect to them. Furthermore, you agree and acknowledge that GifterStop may publish your name and submissions on the Website, GifterStop-managed social media, in advertising, print material, or in any other press releases or media items.

In relation to your User Submission, you promise, represent, and guarantee that: you own or otherwise have the necessary licenses, rights, consents, and permissions to use and authorize GifterStop to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all your User Submissions. This enables the inclusion and use of the User Submissions in the manner intended by the Website and these Terms of Use.

In connection with your User Submissions, you agree that you will not:

• Submit material that is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant GifterStop all of the license rights granted herein.

• Publish falsehoods or misrepresentations that may cause or are likely to cause any damage to GifterStop or any third party.

• Submit material that is unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.

• Post advertisements or solicitations of business.

• Impersonate another person.

You agree and acknowledge that GifterStop does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and GifterStop expressly disclaims any and all liability in connection with User Submissions. Furthermore, GifterStop does not permit copyright infringing activities and infringement of Intellectual Property Rights on the Website. GifterStop is entitled to block and remove all content and User Submissions if properly notified that such content or User Submission infringes on another's intellectual property rights. GifterStop reserves the right to remove content and User Submissions without any prior notice.

GifterStop may also terminate, without notice, a user's access to its Website if the user is determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity twice and/or has had a User Submission removed from the Website. GifterStop also reserves the right to decide whether content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Notwithstanding this right, YOU SHALL ALWAYS BE RESPONSIBLE FOR THE CONTENT AND SUBMISSIONS MADE BY YOU ON THE WEBSITE.

You must use the Website for lawful purposes only, and you agree that you shall be responsible for all electronic communication and content sent from your computer to GifterStop/Website. You shall be responsible for your acts on the Website which may cause or are likely to cause the Website, or access to it, to be interrupted, damaged, or impaired in any way.

Indemnity

You agree to indemnify, defend, and hold harmless GifterStop, its affiliates, and all of their employees, agents, officers, directors, proprietors, partners, representatives, shareholders, servants, attorneys, accountants, predecessors, successors, and assigns.

This means you will protect them from and against any and all claims, legal proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) they might incur due to or arising out of:

• Any content you submit, post, transmit, or make available through this Website.

• Any other website that chooses to link to or display your content.

• Your use on or of this Website.

• Any unlawful, unauthorized, or prohibited use of this Website related to or arising in connection with:
  

  • Your use of and access to the Website.

  • Your violation of any term of the Terms of Use, Terms and Conditions, and Privacy Policy.

  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right.

  • Any claim that one of your User Submissions caused damage to a third party.

  • GifterStop's use of your User Submissions.

License to Use GifterStop

These Terms of Use give you a personal, revocable, non-exclusive, non-transferable license to use this Website. This means you have a limited right to use the site as long as you continue to follow these Terms of Use.

You may use this Website solely for your personal, non-commercial use. You're allowed to download a single copy of materials from the site, but only for personal, non-commercial home use. When you do, you agree not to remove any copyright, trademark, or other ownership notices from the downloaded materials.

Unless we explicitly say otherwise here, you cannot modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, deep link, or otherwise use any information or material obtained from or through this Website without prior written permission from the material's owner.

As a condition of using this Website, you promise GifterStop that you will not use it for any purpose that is unlawful, unauthorized, or inconsistent with these Terms of Use. If you break this promise, your license to use the GifterStop Website will end immediately. GifterStop also reserves the right to terminate your access to this Website and its content at any time, with or without notice, at our discretion.

General Terms

Severability

If any part of these Terms of Use is found by a court to be against the law, the remaining parts of these Terms of Use will still remain fully in effect.

No Joint Venture or Partnership

Your use of the Website and these Terms of Use do not create any joint venture, partnership, employment, or agency relationship between you and GifterStop.

Waiver

If GifterStop doesn't act immediately on a breach or default under these Terms of Use, it doesn't mean we're giving up our right to act on that breach later, or on any future breaches. Similarly, if either you or we don't exercise a right, it's not considered a waiver of that right for any later occasion.

Entire Agreement

These Terms of Use, along with our return/refund policy, privacy policy, substitution policy, and any other rules and policies posted on the Website, collectively form the entire agreement between you and GifterStop regarding your use of material available on the Website. This agreement replaces all prior or simultaneous communications and proposals between you and GifterStop concerning this Website. Any rights not specifically granted in these Terms of Use are reserved by GifterStop.

No Assignment

These Terms of Use are personal to each user. You cannot assign, transfer, sublet, lease, or delegate any of your rights and obligations without GifterStop's prior written consent. GifterStop, however, reserves the right to assign or transfer all or any of its rights and obligations under these Terms and Conditions to any of its affiliates or any other third party, without notice to you.

Force Majeure

GifterStop will not be held responsible for any delay or failure to meet its obligations under these Terms of Use or Terms and Conditions if the delay or failure is caused by something outside of our reasonable control. Such events may include acts of God, fire, casualties, floods, earthquakes, war, strikes, lockouts, epidemics, pandemics, destruction of production facilities, riots, insurrections, material unavailability, changes in policy or law, court orders, or other similar circumstances beyond our reasonable control.

Governing Law and Dispute Resolution

These Terms of Use will be governed by and interpreted according to the laws of India.
Any disputes arising from these Terms of Use will be resolved through arbitration conducted by an independent sole arbitrator. Either party can approach the court with competent jurisdiction for the appointment of the arbitrator. The arbitration will follow the provisions of the Arbitration and Conciliation Act, 1996 (as amended). The arbitration will take place in New Delhi, and the proceedings will be conducted in the English language. Subject to arbitration, the courts in New Delhi are entitled to grant interim relief or injunctions.

Losses

GifterStop will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable by either you or us when you started using the Website.

Updates and Modifications

You agree to be bound by these Terms of Use, which may be updated or modified from time to time without any specific notice to you. Any changes or modifications become part of these Terms of Use and will apply immediately. By continuing to use this Website after such modifications or changes, you are considered to have accepted them. GifterStop may, at its sole discretion, require you to re-accept a substantially revised set of Terms of Use to continue accessing or using the services provided through the Website. To ensure you have a great experience with us, we advise you to check these Terms of Use every time you decide to make a transaction on the Website.

Grievance Officer

For any communication related to data safety, privacy, or other concerns or grievances you experience in relation to the GifterStop Website, please contact our Grievance Officer. This officer is appointed in accordance with the provisions of Rule 3(2) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, read with Rule 4 of the Consumer Protection (E-Commerce) Rules, 2020.

Here are the contact details for our Grievance Officer:

Name: [Your Grievance Officer's Name] Address: [Your Grievance Officer's Full Address, e.g., GifterStop E Retail Private Limited, [Your Registered Office Address]] Email Address: [Your Grievance Officer's Email Address, e.g., grievance@gifterstop.com] Contact Number: [Your Grievance Officer's Contact Number]

As required by applicable laws, the Grievance Officer will acknowledge your complaint quickly and work to resolve the issue within fifteen days from the date the complaint is received.

The content of the Website is Copyright (c) [Current Year or Year GifterStop was founded] GifterStop. All rights reserved.