This
document is an electronic record in terms of Information Technology Act, 2000
and rules there under as applicable and the amended provisions pertaining to
electronic records in various statutes as amended by the Information Technology
Act, 2000. This electronic record is generated by a computer system and does
not require any physical or digital signatures.
This
document is published in accordance with the provisions of Rule 3 (1) of the
Information Technology (Intermediaries guidelines) Rules, 2011 that require
publishing the rules and regulations, privacy policy and Terms of Use for
access or usage of domain name [www.Gift Cards 4U.in][www.Gift Cards 4U.in]
(“Website”), including the related mobile site and mobile application
(hereinafter referred to as “Platform”)
The
Platform is owned by Gift Cards 4UInternet Private Limited a company
incorporated under the Companies Act, 1956 with its registered office at
Buildings Alyssa, Begonia & Clover, Embassy Tech Village, Outer Ring Road,
Devarabeesanahalli Village, Bengaluru – 560103, Karnataka, India and its branch
offices at 2nd Floor, Block F (Flora), Embassy Tech Village, Outer Ring Road,
Devarabeesanahalli Village, Bengaluru-560103, Karnataka, India and; 447/C, 12th
Main, 4th Block, Koramangala, Bengaluru-560034, Karnataka, India (hereinafter
referred to as "Gift Cards 4U").
Your
use of the Platform and services and tools are governed by the following terms
and conditions ("Terms of Use") as applicable to the Platform
including the applicable policies which are incorporated herein by way of
reference. If You transact on the Platform, You shall be subject to the policies
that are applicable to the Platform for such transaction. By mere use of the
Platform, You shall be contracting with Gift Cards 4U Internet Private Limited
and these terms and conditions including the policies constitute Your binding
obligations, with Gift Cards 4U.
For
the purpose of these Terms of Use, wherever the context so requires
"You" or "User" shall mean any natural or legal person who
has agreed to become a buyer on the Platform by providing Registration Data
while registering on the Platform as Registered User using the computer
systems. Gift Cards 4U allows the User to surf the Platform or making purchases
without registering on the Platform. The term "We", "Us",
"Our" shall mean Gift Cards 4U Internet Private Limited.
When
You use any of the services provided by Us through the Platform, including but
not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to
the rules, guidelines, policies, terms, and conditions applicable to such
service, and they shall be deemed to be incorporated into this Terms of Use and
shall be considered as part and parcel of this Terms of Use. We reserve the
right, at Our sole discretion, to change, modify, add or remove portions of
these Terms of Use, at any time without any prior written notice to You. It is
Your responsibility to review these Terms of Use periodically for updates /
changes. Your continued use of the Platform following the posting of changes
will mean that You accept and agree to the revisions. As long as You comply
with these Terms of Use, We grant You a personal, non-exclusive,
non-transferable, limited privilege to enter and use the Platform.
ACCESSING,
BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS
AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE
CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of
Use, You also accept and agree to be bound by Gift Cards 4U Policies
((including but not limited to Privacy Policy available at Privacy) as amended
from time to time.
Membership
Eligibility
Transaction
on the Platform is available only to persons who can form legally binding
contracts under Indian Contract Act, 1872. Persons who are "incompetent to
contract" within the meaning of the Indian Contract Act, 1872 including
un-discharged insolvents etc. are not eligible to use the Platform. If you are
a minor i.e. under the age of 18 years, you may use the Platform or access
content on the Platform only under the supervision and prior consent/ permission
of a parent ormlegal guardian.
As
a minor if you wish to transact on the Platform, such transaction on the
Platform may be made by your legal guardian or parents. Gift Cards 4Us reserves
the right to terminate your membership and / or refuse to provide you with
access to the Platform if it is brought to Gift Cards 4Us notice or if it is
discovered that You are under the age of 18 years and transacting on the
Platform.
Your
Account and Registration Obligations
If
You use the Platform, You shall be responsible for maintaining the
confidentiality of your Display Name and Password and You shall be responsible
for all activities that occur under your Display Name and Password. You agree
that if You provide any information that is untrue, inaccurate, not current or
incomplete or We have reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, or not in accordance with the
this Terms of Use, We shall have the right to indefinitely suspend or terminate
or block access of your membership on the Platform and refuse to provide You
with access to the Platform.
Your
mobile phone number and/or e-mail address is treated as Your primary identifier
on the Platform. It is your responsibility to ensure that Your mobile phone
number and your email address is up to date on the Platform at all times. You
agree to notify Us promptly if your mobile phone number or e-mail address
changes by updating the same on the Platform through a onetime password
verification.
You
agree that Gift Cards 4Us shall not be liable or responsible for the activities
or consequences of use or misuse of any information that occurs under your
Account in cases, including, where You have failed to update Your revised
mobile phone number and/or e-mail address on the Website Platform.
If
You share or allow others to have access to Your account on the Platform
(“Account”), by creating separate profiles under Your Account, or otherwise,
they will be able to view and access Your Account information. You shall be
solely liable and responsible for all the activities undertaken under Your
Account, and any consequences therefrom.
Communications
When
You use the Platform or send emails or other data, information or communication
to us, You agree and understand that You are communicating with Us through
electronic records and You consent to receive communications via electronic
records from Us periodically and as and when required. We may communicate with
you by email or by such other mode of communication, electronic or otherwise.
Platform
for Transaction and Communication
The
Platform is a platform that Users utilize to meet and interact with one another
for their transactions. Gift Cards 4Us is not and cannot be a party to or
control in any manner any transaction between the Platform's Users.
Henceforward:
1.
All commercial/contractual terms are offered by and agreed to between Buyers
and Sellers alone. The commercial/contractual terms include without limitation
price, shipping costs, payment methods, payment terms, date, period and mode of
delivery, warranties related to products and services and after sales services
related to products and services. Gift Cards 4Us does not have any control or
does not determine or advise or in any way involve itself in the offering or
acceptance of such commercial/contractual terms between the Buyers and Sellers.
All discounts, offers (including exchange offers) are by the Seller/Brand and
not by Gift Cards 4Us.
2.
Placement of order by a Buyer with Seller on the Platform is an offer to buy
the product(s) in the order by the Buyer to the Seller and it shall not be
construed as Seller's acceptance of Buyer's offer to buy the product(s)
ordered. The Seller retains the right to cancel any such order placed by the
Buyer, at its sole discretion and the Buyer shall be intimated of the same by
way of an email/SMS. Any transaction price paid by Buyer in case of such
cancellation by Seller, shall be refunded to the Buyer. Further, the Seller may
cancel an order wherein the quantities exceed the typical individual
consumption. This applies both to the number of products ordered within a
single order and the placing of several orders for the same product where the
individual orders comprise a quantity that exceeds the typical individual
consumption. What comprises a typical individual's consumption quantity limit
shall be based on various factors and at the sole discretion of the Seller and
may vary from individual to individual.
3.
Gift Cards 4Us does not make any representation or Warranty as to specifics (such
as quality, value, salability, etc) of the products or services proposed to be
sold or offered to be sold or purchased on the Platform. Gift Cards 4Usdoes not
implicitly or explicitly support or endorse the sale or purchase of any
products or services on the Platform. Gift Cards 4Us accepts no liability for
any errors or omissions, whether on behalf of itself or third parties.
4.
Gift Cards 4Us is not responsible for any non-performance or breach of any
contract entered into between Buyers and Sellers. Gift Cards 4Us cannot and
does not guarantee that the concerned Buyers and/or Sellers will perform any
transaction concluded on the Platform. Gift Cards 4Us shall not and is not
required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
5.
Gift Cards 4Us does not make any representation or warranty as to the
item-specifics (such as legal title, creditworthiness, identity, etc) of any of
its Users. You are advised to independently verify the bona fides of any
particular User that You choose to deal with on the Platform and use Your best
judgment in that behalf.
6.
Gift Cards 4Us does not at any point of time during any transaction between
Buyer and Seller on the Platform come into or take possession of any of the
products or services offered by Seller nor does it at any point gain title to
or have any rights or claims over the products or services offered by Seller to
Buyer.
7.
At no time shall Gift Cards 4Us hold any right, title or interest over the
products nor shall Gift Cards 4Ushave any obligations or liabilities in respect
of such contract entered into between Buyers and Sellers. Gift Cards 4Us is not
responsible for unsatisfactory or delayed performance of services or damages or
delays as a result of products which are out of stock, unavailable or back
ordered.
8.
The Platform is only a platform that can be utilized by Users to reach a larger
base to buy and sell products or services. Gift Cards 4Us is only providing a
platform for communication and it is agreed that the contract for sale of any
of the products or services shall be a strictly bipartite contract between the
Seller and the Buyer.
At
no time shall Gift Cards 4Us hold any right, title or interest over the
products nor shall Gift Cards 4Us have any obligations or liabilities in
respect of such contract.
Gift
Cards 4Us is not responsible for unsatisfactory or delayed performance of
services or damages or delays as a result of products which are out of stock,
unavailable or back ordered.
Select
products offered by sellers may be eligible for business purchases on the
Platform.
1.
Upon Your purchase of product(s) eligible for business purchases, You may be
able to avail the benefits of GST input tax credit. Accordingly, at your
request, an invoice containing the GSTIN as provided by You ("Tax
Invoice") shall be issued to You by the Seller(s) selling such products.
o
GST invoice will have, inter alia, the following details printed on it: -GSTIN
associated with your registered business, as provided by you
o
Entity name of your registered business, as provided by you
o
Not all products are eligible for business purchases on the Platform and the
same is solely at the discretion of the Sellers. You will be able to view the
eligibility of Tax Invoice on the product page on the Platform.
o
Purchases on the Platform must only be for end consumption. Users must not use
products purchased on the Platform for any commercial, promotional, resale or
further distribution purposes.
o
For seamless availment of input tax credit, kindly mention the delivery address
as the address which is mentioned as the registered place of business as per
the records of GST authority. Please note that availment of input tax credit is
subject to provisions of GST Act and rules.
o
The delivery and billing addresses will be required to be the same, please note
that input tax credit will be denied by GST authority if the delivery address
and GSTIN in the GST invoice are of different states.
o
If GSTIN and/or business entity details are not provided by You, it will be
presumed that it is a personal purchase and not a business purchase.
o
Gift Cards 4Us is not responsible to verify the correctness of the GSTIN and/or
entity name provided by You and You shall be entirely responsible to provide
the accurate details.
o
Gift Cards 4Us and Seller shall not entertain any request for any revision in
the GST Invoice. Gift Cards 4Us and Seller shall not be liable for Your default
including for reasons associated with details provided by You.
o
Gift Cards 4Us will not be liable in case You are not able to avail input tax
credit or if input tax credit is denied to You for any reason whatsoever.
o
You shall be solely liable for all compliances required under applicable laws.
o
You agree to indemnify and hold Gift Cards 4Us and Seller harmless from all
losses, claims, costs, expenses, suits, proceedings, or any other liability
including any third-party claims (including any penalties imposed by
governmental authorities) arising out of or in connection with (1) the GSTIN
and/or entity name provided by you or the input tax credit claimed by you or
your use or misuse of the GST Invoice and (2) your non-compliance with the
applicable laws or (3) your use or misuse of any third-party’s details
including GSTIN.
o
Gift Cards 4Us has the right to not allow business purchases on the Platform to
You if a fraudulent activity is identified.
o
Seller reserves the right to not issue Tax Invoice or issue a credit note
against an already issued Tax Invoice to cancel the transaction, if any
fraudulent activity is identified.
2.
You shall independently agree upon the manner and terms and conditions of
delivery, payment, insurance etc. with the seller(s) that You transact with.
Disclaimer:
Pricing on any product(s) as is reflected on the Platform may due to some
technical issue, typographical error or product information published by seller
may be incorrectly reflected and in such an event seller may cancel such your
order(s).
1.
You release and indemnify Gift Cards 4Us and/or any of its officers and
representatives from any cost, damage, liability or other consequence of any of
the actions of the Users of the Platform and specifically waive any claims that
you may have in this behalf under any applicable law. Notwithstanding its
reasonable efforts in that behalf, Gift Cards 4Us cannot take responsibility or
control the information provided by other Users which is made available on the
Platform. You may find other User's information to be offensive, harmful,
inconsistent, inaccurate, or deceptive. Please use caution and practice safe
trading when using the Platform.
Please
note that there could be risks in dealing with underage persons or people
acting under false pretence.
Charges
Membership
on the Platform is free for buyers. Gift Cards 4Us does not charge any fee for
browsing and buying on the Platform. Gift Cards 4Us reserves the right to
change its Fee Policy from time to time. In particular, Gift Cards 4Us may at
its sole discretion introduce new services and modify some or all of the
existing services offered on the Platform. In such an event Gift Cards 4Us
reserves the right to introduce fees for the new services offered or
amend/introduce fees for existing services, as the case may be. Changes to the
Fee Policy shall be posted on the Platform and such changes shall automatically
become effective immediately after they are posted on the Platform. Unless
otherwise stated, all fees shall be quoted in Indian Rupees. You shall be
solely responsible for compliance of all applicable laws including those in
India for making payments to Gift Cards 4Us Internet Private Limited.
Use
of the Platform
You
agree, undertake and confirm that Your use of Platform shall be strictly
governed by the following binding principles:
1.
You shall not host, display, upload, modify, publish, transmit, update or share
any information which:
(a)
belongs to another person and to which You does not have any right to;
(b)
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic,
paedophilic, libellous, invasive of another's privacy, hateful, or racially,
ethnically objectionable, disparaging, relating or encouraging money laundering
or gambling, or otherwise unlawful in any manner whatever; or unlawfully
threatening or unlawfully harassing including but not limited to "indecent
representation of women" within the meaning of the Indecent Representation
of Women (Prohibition) Act, 1986;
(c)
is misleading in any way;
(d)
is patently offensive to the online community, such as sexually explicit
content, or content that promotes obscenity, paedophilia, racism, bigotry,
hatred or physical harm of any kind against any group or individual;
(e)
harasses or advocates harassment of another person;
(f)
involves the transmission of "junk mail", "chain letters",
or unsolicited mass mailing or "spamming";
(g)
promotes illegal activities or conduct that is abusive, threatening, obscene,
defamatory or libellous;
(h)
infringes upon or violates any third party's rights [including, but not limited
to, intellectual property rights, rights of privacy (including without
limitation unauthorized disclosure of a person's name, email address, physical
address or phone number) or rights of publicity];
(i)
promotes an illegal or unauthorized copy of another person's copyrighted work
(see "Copyright complaint" below for instructions on how to lodge a
complaint about uploaded copyrighted material), such as providing pirated
computer programs or links to them, providing information to circumvent
manufacture-installed copy-protect devices, or providing pirated music or links
to pirated music files;
(j)
contains restricted or password-only access pages, or hidden pages or images
(those not linked to or from another accessible page);
(k)
provides material that exploits people in a sexual, violent or otherwise
inappropriate manner or solicits personal information from anyone;
(l)
provides instructional information about illegal activities such as making or buying
illegal weapons, violating someone's privacy, or providing or creating computer
viruses;
(m)
contains video, photographs, or images of another person (with a minor or an
adult).
(n)
tries to gain unauthorized access or exceeds the scope of authorized access to
the Platform or to profiles, blogs, communities, account information,
bulletins, friend request, or other areas of the Platform or solicits passwords
or personal identifying information for commercial or unlawful purposes from
other users;
(o)
engages in commercial activities and/or sales without Our prior written consent
such as contests, sweepstakes, barter, advertising and pyramid schemes, or the
buying or selling of "virtual" products related to the Platform.
Throughout this Terms of Use, Gift Cards 4Us prior written consent means a
communication coming from Gift Cards 4Us Legal Department, specifically in
response to Your request, and specifically addressing the activity or conduct
for which You seek authorization;
(p)
solicits gambling or engages in any gambling activity which We, in Our sole
discretion, believes is or could be construed as being illegal;
(q)
interferes with another USER's use and enjoyment of the Platform or any other
individual's User and enjoyment of similar services;
(r)
refers to any Platform or URL that, in Our sole discretion, contains material
that is inappropriate for the Platform or any other Platform, contains content
that would be prohibited or violates the letter or spirit of these Terms of
Use.
(s)
harm minors in any way;
(t)
infringes any patent, trademark, copyright or other proprietary rights or third
party's trade secrets or rights of publicity or privacy or shall not be
fraudulent or involve the sale of counterfeit or stolen products;
(u)
violates any law for the time being in force;
(v)
deceives or misleads the addressee/ users about the origin of such messages or
communicates any information which is grossly offensive or menacing in nature;
(w)
impersonate another person;
(x)
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
resource; or contains any trojan horses, worms, time bombs, cancelbots, easter
eggs or other computer programming routines that may damage, detrimentally
interfere with, diminish value of, surreptitiously intercept or expropriate any
system, data or personal information;
(y)
threatens the unity, integrity, defence, security or sovereignty of India,
friendly relations with foreign states, or public order or causes incitement to
the commission of any cognizable offence or prevents investigation of any
offence or is insulting any other nation.
(z)
shall not be false, inaccurate or misleading;
(aa)
shall not, directly or indirectly, offer, attempt to offer, trade or attempt to
trade in any item, the dealing of which is prohibited or restricted in any
manner under the provisions of any applicable law, rule, regulation or
guideline for the time being in force.
(ab)
shall not create liability for Us or cause Us to lose (in whole or in part) the
services of Our internet service provider ("ISPs") or other
suppliers;
1.
You shall not use any "deep-link", "page-scrape",
"robot", "spider" or other automatic device, program,
algorithm or methodology, or any similar or equivalent manual process, to
access, acquire, copy or monitor any portion of the Platform or any Content, or
in any way reproduce or circumvent the navigational structure or presentation
of the Platform or any Content, to obtain or attempt to obtain any materials,
documents or information through any means not purposely made available through
the Platform. We reserve Our right to bar any such activity.
2.
You shall not attempt to gain unauthorized access to any portion or feature of
the Platform, or any other systems or networks connected to the Platform or to
any server, computer, network, or to any of the services offered on or through
the Platform, by hacking, password "mining" or any other illegitimate
means.
3.
You shall not probe, scan or test the vulnerability of the Platform or any
network connected to the Platform nor breach the security or authentication
measures on the Platform or any network connected to the Platform. You may not
reverse look-up, trace or seek to trace any information on any other User of or
visitor to Platform, or any other customer, including any account on the
Platform not owned by You, to its source, or exploit the Platform or any
service or information made available or offered by or through the Platform, in
any way where the purpose is to reveal any information, including but not
limited to personal identification or information, other than Your own
information, as provided for by the Platform.
4.
You shall not make any negative, denigrating or defamatory statement(s) or
comment(s) about Us or the brand name or domain name used by Us including the
terms Gift Cards 4Us, Flyte, Digiflip, Gift Cards 4Us, or otherwise engage in
any conduct or action that might tarnish the image or reputation, of Gift Cards
4Us or sellers on platform or otherwise tarnish or dilute any Gift Cards 4Us
trade or service marks, trade name and/or goodwill associated with such trade
or service marks, trade name as may be owned or used by us. You agree that You
will not take any action that imposes an unreasonable or disproportionately
large load on the infrastructure of the Platform or Gift Cards 4Us systems or
networks, or any systems or networks connected to Gift Cards 4Us.
5.
You agree not to use any device, software or routine to interfere or attempt to
interfere with the proper working of the Platform or any transaction being
conducted on the Platform, or with any other person's use of the Platform.
6.
You may not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any message or transmittal You send to Us on or through
the Platform or any service offered on or through the Platform. You may not
pretend that You are, or that You represent, someone else, or impersonate any
other individual or entity.
7.
You may not use the Platform or any content for any purpose that is unlawful or
prohibited by these Terms of Use, or to solicit the performance of any illegal
activity or other activity which infringes the rights of Gift Cards 4Us and /
or others.
8.
You shall at all times ensure full compliance with the applicable provisions of
the Information Technology Act, 2000 and rules thereunder as applicable and as
amended from time to time and also all applicable Domestic laws, rules and regulations
(including the provisions of any applicable Exchange Control Laws or
Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes,
Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income
Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding
Your use of Our service and Your listing, purchase, solicitation of offers to
purchase, and sale of products or services. You shall not engage in any
transaction in an item or service, which is prohibited by the provisions of any
applicable law including exchange control laws or regulations for the time
being in force.
9.
Solely to enable Us to use the information You supply Us with, so that we are
not violating any rights You might have in Your Information, You agree to grant
Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sub-licensable (through multiple tiers) right to exercise the copyright,
publicity, database rights or any other rights You have in Your Information, in
any media now known or not currently known, with respect to Your Information.
We will only use Your information in accordance with the Terms of Use and
Privacy Policy applicable to use of the Platform.
10.
From time to time, You shall be responsible for providing information relating
to the products or services proposed to be sold by You. In this connection, You
undertake that all such information shall be accurate in all respects. You
shall not exaggerate or over emphasize the attributes of such products or services
so as to mislead other Users in any manner.
11.
You shall not engage in advertising to, or solicitation of, other Users of the
Platform to buy or sell any products or services, including, but not limited
to, products or services related to that being displayed on the Platform or
related to us. You may not transmit any chain letters or unsolicited commercial
or junk email to other Users via the Platform. It shall be a violation of these
Terms of Use to use any information obtained from the Platform in order to
harass, abuse, or harm another person, or in order to contact, advertise to,
solicit, or sell to another person other than Us without Our prior explicit
consent. In order to protect Our Users from such advertising or solicitation,
We reserve the right to restrict the number of messages or emails which a user
may send to other Users in any 24-hour period which We deems appropriate in its
sole discretion. You understand that We have the right at all times to disclose
any information (including the identity of the persons providing information or
materials on the Platform) as necessary to satisfy any law, regulation or valid
governmental request. This may include, without limitation, disclosure of the
information in connection with investigation of alleged illegal activity or
solicitation of illegal activity or in response to a lawful court order or
subpoena. In addition, We can (and You hereby expressly authorize Us to)
disclose any information about You to law enforcement or other government
officials, as we, in Our sole discretion, believe necessary or appropriate in
connection with the investigation and/or resolution of possible crimes,
especially those that may involve personal injury.
We
reserve the right, but has no obligation, to monitor the materials posted on
the Platform. Gift Cards 4Us shall have the right to remove or edit any content
that in its sole discretion violates, or is alleged to violate, any applicable
law or either the spirit or letter of these Terms of Use. Notwithstanding this
right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST
ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such
Content posted does not necessarily reflect Gift Cards 4Us views. In no event
shall Gift Cards 4Us assume or have any responsibility or liability for any
Content posted or for any claims, damages or losses resulting from use of
Content and/or appearance of Content on the Platform. You hereby represent and
warrant that You have all necessary rights in and to all Content which You
provide and all information it contains and that such Content shall not
infringe any proprietary or other rights of third parties or contain any
libellous, tortious, or otherwise unlawful information.
1.
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Platform, including payment and
delivery of related products or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
You and such advertiser. We shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings or as the result
of the presence of such advertisers on the Platform.
2.
It is possible that other users (including unauthorized users or
"hackers") may post or transmit offensive or obscene materials on the
Platform and that You may be involuntarily exposed to such offensive and
obscene materials. It also is possible for others to obtain personal information
about You due to your use of the Platform, and that the recipient may use such
information to harass or injure You. We does not approve of such unauthorized
uses, but by using the Platform You acknowledge and agree that We are not
responsible for the use of any personal information that You publicly disclose
or share with others on the Platform. Please carefully select the type of
information that You publicly disclose or share with others on the Platform.
3.
Gift Cards 4Us shall have all the rights to take necessary action and claim
damages that may occur due to your involvement/participation in any way on your
own or through group/s of people, intentionally or unintentionally in DoS/DDoS
(Distributed Denial of Services).
4.
If you choose to browse or transact on the Platform using the voice
command-based shopsping
feature, you acknowledge that Gift Cards 4Usand/or its affiliates will collect,
store and use your voice inputs on this feature to customize your experience
and provide additional functionality as well as to improve Gift Cards 4Us
and/or its affiliates’ products and services. Gift Cards 4Us and/or its
affiliates’ use of your voice data will be in accordance with the Gift Cards 4Us
Privacy Policy. You accept that your use of this feature is restricted to the
territory of the Republic of India. This feature may not be accessible on
certain devices and requires an internet connection. Gift Cards 4Us reserves
the right to change, enhance, suspend, or discontinue this feature, or any part
of it, at any time without notice to you. Your continued use of this feature
constitutes your acceptance of the terms related to this feature.
5.
You acknowledge and agree that the Hindi, Telugu, Tamil, Kannada and Marathi
translation features are made available on the Platform on a reasonable effort
basis for convenience only, without any representation or warranties by Gift
Cards 4Us, express or implied, including the translations being error free,
their accuracy, completeness or reliability. Under the translation feature, You
will have the option to adding delivery addresses in the language selected by
You out of the featured languages. Such delivery addresses shall be
transliterated in English language for processing, handling and fulfilling Your
orders on the Platform. Gift Cards 4Us expressly disclaims any liability of any
nature whatsoever arising from or related to the said
translation/transliteration features on the Platform. Some features and
sections on the Platform may not be translated in the language selected by You
[Hindi, Telugu, Tamil, Kannada or Marathi language, as applicable], and the
English version of the same will be the definitive version. In the event of any
conflict or inconsistency between the translated terms and the English version
available on the Platform, the English version on the Platform shall prevail.
This feature may not be accessible on certain devices. Gift Cards 4Us reserves
the right to change, enhance, suspend, or discontinue this feature, or any part
of it, at any time without notice to You.
Contents
Posted on Platform
All
text, graphics, user interfaces, visual interfaces, photographs, trademarks,
logos, sounds, music and artwork (collectively, "Content"), is a
third party user generated content and Gift Cards 4Us has no control over such
third party user generated content as Gift Cards 4Us is merely an intermediary
for the purposes of this Terms of Use.
Except
as expressly provided in these Terms of Use, no part of the Platform and no
Content may be copied, reproduced, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted or distributed in any way
(including "mirroring") to any other computer, server, Platform or
other medium for publication or distribution or for any commercial enterprise,
without Gift Cards 4Us express prior written consent.
You
may use information on the products and services purposely made available on
the Platform for downloading, provided that You (1) do not remove any
proprietary notice language in all copies of such documents, (2) use such
information only for your personal, non-commercial informational purpose and do
not copy or post such information on any networked computer or broadcast it in
any media, (3) make no modifications to any such information, and (4) do not make
any additional representations or warranties relating to such documents.
You
shall be responsible for any notes, messages, emails, reviews, ratings,
billboard postings, photos, drawings, profiles, opinions, ideas, images,
videos, audio files or other materials or information posted or transmitted to
the Platform (collectively, "Content"). Such Content will become Our
property and You grant Us the worldwide, perpetual and transferable rights in
such Content. We shall be entitled to, consistent with Our Privacy Policy as
adopted in accordance with applicable law, use the Content or any of its
elements for any type of use forever, including but not limited to promotional
and advertising purposes and in any media whether now known or hereafter
devised, including the creation of derivative works that may include the
Content You provide. You agree that any Content You post may be used by us,
consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned
herein, and You are not entitled to any payment or other compensation for such
use.
SOME
CONTENT OFFERED ON THE PLATFORM MAY NOT BE SUITABLE FOR SOME VIEWERS AND
THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE
PLATFORM MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR
LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR
CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE PLATFORM.
Privacy
We
view protection of Your privacy as a very important principle. We understand
clearly that You and Your Personal Information is one of Our most important
assets. We store and process Your Information including any sensitive financial
information collected (as defined under the Information Technology Act, 2000),
if any, on computers that may be protected by physical as well as reasonable
technological security measures and procedures in accordance with Information
Technology Act 2000 and Rules there under.Our current Privacy Policy is
available at Privacy. Our current Privacy Policy is available at Privacy. f You
object to Your Information being transferred or used in this way please do not
use Platform. If You object to Your Information being transferred or used in
this way please do not use Platform.
We
may share personal information with our other corporate entities and
affiliates. These entities and affiliatesmay market to you as a result of such
sharing unless you explicitly opt-out.
We
may disclose personal information to third parties. This disclosure may be
required for us to provide youaccess to our Services, to comply with our legal
obligations, to enforce our User Agreement, to facilitate our marketing and
advertising activities, or to prevent, detect, mitigate, and investigate
fraudulent or illegal activities related to our Services. We do not disclose
your personal information to third parties for their marketing and advertising
purposes without your explicit consent.
We
may disclose personal information if required to do so by law or in the good
faith belief that such disclosure is reasonably necessary to respond to
subpoenas, court orders, or other legal process. We may disclose personal
information to law enforcement offices, third party rights owners, or others in
the good faith belief that such disclosure is reasonably necessary to: enforce
our Terms or Privacy Policy; respond to claims that an advertisement, posting
or other content violates the rights of a third party; or protect the rights,
property or personal safety of our users or the general public.
We
and our affiliates will share / sell some or all of your personal information
with another business entity should we (or our assets) plan to merge with, or
be acquired by that business entity, or re-organization, amalgamation,
restructuring of business. Should such a transaction occur that other business
entity (or the new combined entity) will be required to follow this privacy
policy with respect to your personal information.
Disclaimer
of Warranties and Liability
This
Platform, all the materials and products (including but not limited to
software) and services, included on or otherwise made available to You through
this site are provided on "as is" and "as available" basis
without any representation or warranties, express or implied except otherwise
specified in writing. Without prejudice to the forgoing paragraph, Gift Cards
4Us does not warrant that:
This
Platform will be constantly available, or available at all; or
The
information on this Platform is complete, true, accurate or non-misleading.
Gift
Cards 4Us will not be liable to You in any way or in relation to the Contents
of, or use of, or otherwise in connection with, the Platform. Gift Cards 4Us
does not warrant that this site; information, Content, materials, product
(including software) or services included on or otherwise made available to You
through the Platform; their servers; or electronic communication sent from Us
are free of viruses or other harmful components.
Nothing
on Platform constitutes, or is meant to constitute, advice of any kind. All the
Products sold on Platform are governed by different state laws and if Seller is
unable to deliver such Products due to implications of different state laws,
Seller will return or will give credit for the amount (if any) received in
advance by Seller from the sale of such Product that could not be delivered to
You.
You
will be required to enter a valid phone number while placing an order on the
Platform. By registering Your phone number with us, You consent to be contacted
by Us via phone calls, SMS notifications, mobile applications and/or any other
electronic mode of communication in case of any order or shipment or delivery
related updates. We will not use your personal information to initiate any
promotional phone calls or SMS.
Selling
As
a registered seller, you are allowed to list item(s) for sale on the Platform
in accordance with the Policies which are incorporated by way of reference in
this Terms of Use. You must be legally able to sell the item(s) you list for
sale on our Platform. You must ensure that the listed items do not infringe
upon the intellectual property, trade secret or other proprietary rights or
rights of publicity or privacy rights of third parties. Listings may only
include text descriptions, graphics and pictures that describe your item for
sale. All listed items must be listed in an appropriate category on the
Platform. All listed items must be kept in stock for successful fulfilment of
sales.
The
listing description of the item must not be misleading and must describe actual
condition of the product. If the item description does not match the actual
condition of the item, you agree to refund any amounts that you may have
received from the Buyer. You agree not to list a single product in multiple
quantities across various categories on the Platform. Gift Cards 4Us reserves
the right to delete such multiple listings of the same product listed by you in
various categories.
Services
Payment
While
availing any of the payment method/s available on the Platform, we will not be
responsible or assume any liability, whatsoever in respect of any loss or
damage arising directly or indirectly to You due to:
1.
Lack of authorization for any transaction/s, or
2.
Exceeding the preset limit mutually agreed by You and between
"Bank/s", or
3.
Any payment issues arising out of the transaction, or
4.
Decline of transaction for any other reason/s
All
payments made against the purchases/services on Platform by you shall be
compulsorily in Indian Rupees acceptable in the Republic of India. Platform
will not facilitate transaction with respect to any other form of currency with
respect to the purchases made on Platform.
Before
shipping / delivering your order to you, Seller may request you to provide
supporting documents (including but not limited to Govt. issued ID and address
proof) to establish the ownership of the payment instrument used by you for
your purchase. This is done in the interest of providing a safe online
shopsping environment to Our Users.
Further:
1.
Transactions, Transaction Price and all commercial terms such as Delivery,
Dispatch of products and/or services are as per principal to principal
bipartite contractual obligations between Buyer and Seller and payment facility
is merely used by the Buyer and Seller to facilitate the completion of the
Transaction. Use of the payment facility shall not render Gift Cards 4Us liable
or responsible for the non-delivery, non-receipt, non-payment, damage, breach
of representations and warranties, non-provision of after sales or warranty
services or fraud as regards the products and /or services listed on Gift Cards
4Us Platform.
2.
You have specifically authorized Gift Cards 4Us or its service providers to
collect, process, facilitate and remit payments and / or the Transaction Price
electronically or through Cash on Delivery to and from other Users in respect
of transactions through Payment Facility. Your relationship with Gift Cards 4Us
is on a principal to principal basis and by accepting these Terms of Use you
agree that Gift Cards 4Us is an independent contractor for all purposes, and
does not have control of or liability for the products or services that are
listed on Gift Cards 4Us Platform that are paid for by using the Payment
Facility. Gift Cards 4Us does not guarantee the identity of any User nor does
it ensure that a Buyer or a Seller will complete a transaction.
3.
You understand, accept and agree that the payment facility provided by Gift
Cards 4Us is neither a banking nor financial service but is merely a
facilitator providing an electronic, automated online electronic payment,
receiving payment through Cash On Delivery, collection and remittance facility
for the Transactions on the Gift Cards 4Us Platform using the existing
authorized banking infrastructure and Credit Card payment gateway networks.
Further, by providing Payment Facility, Gift Cards 4Us is neither acting as
trustees nor acting in a fiduciary capacity with respect to the Transaction or
the Transaction Price.
Payment
Facility for Buyers:
1.
You, as a Buyer, understand that upon initiating a Transaction You are entering
into a legally binding and enforceable contract with the Seller to purchase the
products and /or services from the Seller using the Payment Facility, and You
shall pay the Transaction Price through Your Issuing Bank to the Seller using
Payment Facility.
2.
You, as a Buyer, may agree with the Seller through electronic communication and
electronic records and using the automated features as may be provided by
Payment Facility on any extension / increase in the Dispatch and/or Delivery
time and the Transaction shall stand amended to such extent. Any such extension
/ increase of Dispatch / Delivery time or subsequent novation / variation of
the Transaction should be in compliance with Payment Facility Rules and Policies.
3.
You, as a Buyer, shall electronically notify Payment Facility using the
appropriate Gift Cards 4Us Platform features immediately upon Delivery or non
Delivery within the time period as provided in Policies. Non notification by
You of Delivery or non Delivery within the time period specified in the
Policies shall be construed as a deemed Delivery in respect of that
Transaction. In case of Cash On Delivery transactions, Buyer is not required to
confirm the receipt of products or services.
4.
You, as a Buyer, shall be entitled to claim a refund of the Transaction Price
(as Your sole and exclusive remedy) in case You do not receive the Delivery
within the time period agreed in the Transaction or within the time period as
provided in the Policies, whichever is earlier. In case you do not raise a
refund claim using Platform features within the stipulated time than this would
make You ineligible for a refund.
5.
You, as a Buyer, understand that the Payment Facility may not be available in
full or in part for certain category of products and/or services and/or
Transactions as mentioned in the Policies and hence You may not be entitled to
a refund in respect of the Transactions for those products and /or services
6.
Except for Cash On Delivery transaction, refund, if any, shall be made at the
same Issuing Bank from where Transaction Price was received, or through any
other method available on the Platform, as chosen by You.
7.
For Cash On Delivery transactions, refunds, if any, will be made via electronic
payment transfers.
8.
Refund shall be made in Indian Rupees only and shall be equivalent to the
Transaction Price received in Indian Rupees.
9.
For electronics payments, refund shall be made through payment facility using
NEFT / RTGS or any other online banking / electronic funds transfer system
approved by Reserve Bank India (RBI).
10.
Refunds may be supported for select banks. Where a bank is not supported for
processing refunds, You will be required to share alternate bank account
details with us for processing the refund.
11.
Refund shall be conditional and shall be with recourse available to Gift Cards
4Us in case of any misuse by Buyer.
12.
We may also request you for additional documents for verification.
13.
Refund shall be subject to Buyer complying with Policies.
14.
Gift Cards 4Us reserves the right to impose limits on the number of
Transactions or Transaction Price which Gift Cards 4Us may receive from on an
individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other
infrastructure or any other financial instrument directly or indirectly through
payment aggregator or through any such facility authorized by Reserve Bank of
India to provide enabling support facility for collection and remittance of
payment or by an individual Buyer during any time period, and reserves the
right to refuse to process Transactions exceeding such limit.
15.
Gift Cards 4Us reserves the right to refuse to process Transactions by Buyers
with a prior history of questionable charges including without limitation
breach of any agreements by Buyer with Gift Cards 4Us or breach/violation of
any law or any charges imposed by Issuing Bank or breach of any policy.
16.
Gift Cards 4Us may do such checks as it deems fit before approving the receipt
of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction
Price from the Buyer for security or other reasons at the discretion of Gift
Cards 4Us. As a result of such check if Gift Cards 4Us is not satisfied with
the creditability of the Buyer or genuineness of the Transaction or other
reasons at its sole discretion, Gift Cards 4Us shall have the right to reject
the receipt of / Buyers commitment to pay Transaction Price. For avoidance of
doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment,
may be disabled for certain account users, at the sole discretion of Gift Cards
4Us.
17.
Gift Cards 4Us may delay notifying the payment confirmation i.e. informing
Seller to Dispatch, if Gift Cards 4Usdeems suspicious or for Buyers conducting
high transaction volumes to ensure safety of the Transaction and Transaction
Price. In addition, Gift Cards 4Us may hold Transaction Price and Gift Cards 4Us
may not inform Seller to Dispatch or remit Transaction Price to law enforcement
officials (instead of refunding the same to Buyer) at the request of law
enforcement officials or in the event the Buyer is engaged in any form of
illegal activity.
18.
The Buyer and Seller acknowledge that Gift Cards 4Us will not be liable for any
damages, interests or claims etc. resulting from not processing a
Transaction/Transaction Price or any delay in processing a
Transaction/Transaction Price which is beyond control of Gift Cards 4Us.
Compliance
with Laws:
1.
As required by applicable law, if the Customer makes a purchase of an amount
equal to or above INR 2 00 000.00, the Customer will be required to upload a
scanned copy of his/her PAN card on the Platform, within 4 days of making the
purchase, failing which, the purchase made by the Customer will be cancelled.
The requirement to submit the PAN card arises only once and if it has been
submitted once by the Customer, it need not be submitted again. The order of
the Customer shall stand cancelled if there is a discrepancy between the name
of the Customer and the name on the PAN Card.
2.
Buyer and Seller shall comply with all the applicable laws (including without
limitation Foreign Exchange Management Act, 1999 and the rules made and
notifications issued there under and the Exchange Control Manual as may be
issued by Reserve Bank of India from time to time, Customs Act, Information and
Technology Act, 2000 as amended by the Information Technology (Amendment) Act
2008, Prevention of Money Laundering Act, 2002 and the rules made there under,
Foreign Contribution Regulation Act, 1976 and the rules made there under,
Income Tax Act, 1961 and the rules made there under, Export Import Policy of
government of India) applicable to them respectively for using Payment Facility
and Gift Cards 4Us Platform.
Buyer's
arrangement with Issuing Bank:
1.
All Valid Credit / Debit/ Cash Card/ and other payment instruments are
processed using a Credit Card payment gateway or appropriate payment system
infrastructure and the same will also be governed by the terms and conditions
agreed to between the Buyer and the respective Issuing Bank and payment
instrument issuing company.
2.
All Online Bank Transfers from Valid Bank Accounts are processed using the
gateway provided by the respective Issuing Bank which support Payment Facility
to provide these services to the Users. All such Online Bank Transfers on
Payment Facility are also governed by the terms and conditions agreed to
between Buyer and the respective Issuing Bank.
Gift
Cards 4Us Replacement Guarantee*
Gift
Cards 4Us Replacement Guarantee seeks to assist Buyers who have been defrauded
by qualified sellers on the Platform. The return policy period (Gift Cards 4Us
Replacement Guarantee) depends on the product category and the seller. Kindly
click here to know the return policy period applicable for different
categories. If at the time of delivery and/or within the applicable return
policy period, if any defect is found, then the buyer of the product/s can ask
for replacement of the product/s from the seller subject to the following terms
and conditions
1.
Notify seller of any defects in the product/s at the time of delivery of the
product/s and/or within the applicable return policy period and the same
product/s will be replaced in return of the defective product/s.
2.
Replacement can be for the entire product/s or part/s of the product subject to
availability of the same with the seller.
Following
products shall not be eligible for return or replacement:
a.
Damages due to misuse of product;
b.
Incidental damage due to malfunctioning of product;
c.
Any consumable item which has been used/installed;
d.
Products with tampered or missing serial/UPC numbers;
e.
Digital products/services (Flyte music downloads)
f.
Any damage/defect which are not covered under the manufacturer's warranty
g.
Any product that is returned without all original packaging and accessories,
including the box, manufacturer's packaging if any, and all other items
originally included with the product/s delivered;
h.
Jewellery which is 'made to order' on customer's request
On
Clothing and Footwear, qualified sellers accept 30 day exchange subject to the
following conditions:
Clothes
and footwear are not used (other than for trial), altered, washed, soiled or
damaged in any way.
Original
tags and packaging should be intact. For items that come in branded packaging,
the box should be undamaged.
Returns
are not applicable for 'Made to order' jewellery, Innerwear, lingerie, socks,
clothing freebies, etc.
Damaged
or defective or 'Not as described' products in Lifestyle category (includes clothing,
footwear, etc.) are meanwhile covered by the 30 Day Replacement Guarantee.
Kindly click here to know the return policy period (Replacement Guarantee)
applicable for different categories.
If
Gift Cards 4Us has any suspicion or knowledge that any of its buyers and
sellers are involved in any activity that is intended to provide claims or
information that is false or not genuine, Gift Cards 4Us may also, while
reserving its rights to initiate civil and/or criminal proceedings against such
member buyers and sellers, at its sole discretion, suspend, block, restrict,
cancel the Display Name of such buyers and sellers and/or disqualify that user
and any related users from availing protection through this program. Customers
who have been blocked for any suspicious or fraudulent activity on Gift Cards
4Us will not be allowed to return their products.
Gift
Cards 4Us reserves its right to initiate civil and/or criminal proceedings
against a user who, files a invalid and/or false claims or provides false,
incomplete, or misleading information. In addition to the legal proceedings as
aforesaid, Gift Cards 4Us may at its sole discretion suspend, block, restrict,
cancel the Display Name [and its related Display Names] of such user and/or
disqualify that user and any related users from availing protection through
this program. Any person who, knowingly and with intent to injure, defraud or
deceive, files a Fraudulent Complaint containing false, incomplete, or
misleading information may be guilty of a criminal offence and will be
prosecuted to the fullest extent of the law.
Exchange
Offers:
By
participating in the exchange I confirm that I am the sole and absolute owner
and/or user of the product mentioned above (device).
I
confirm that device which I am exchanging under the buyback program is genuine
and is not counterfeit, free from any and all encumbrances, liens, attachments,
disputes, legal flaws, exchange or any Agreement of Sale etc. and I have got
the clear ownership of the said device.
You
agree to indemnity and keep indemnifying Gift Cards 4Us.in and any future buyer
of the device against all or any third party claims, demand, cost, expenses
including attorney fees which may be suffered, incurred, undergone and / or
sustained by Gift Cards 4Us.in, its affiliates or any future buyer due to usage
of the device by you till date and you undertake to make good the same.
I
confirm that all the data in the said device will be erased before handing it
over under buy back program. I also confirm that in spite of erasing the data
manually/electronically, if any data still accessible due any technical reason,
Gift Cards 4Us.in, Seller or the Manufacturer shall not be responsible for the
same and I will not approach Gift Cards 4Us.in for any retrieval of the data.
I
hereby give my consent that my personal information that I have provided in
connection with this buyback program might be processed, transferred and
retained by the retailer and other entities involved in managing the program
for the purposes of validating the information that I provided herein and for
the administration of the program.
I
agree to indemnity and keep indemnifying the Gift Cards 4Us.in and any future
buyer of the old device against all or any third party claims, demand, cost,
expenses including attorney fees which may be suffered, incurred, undergone and
/ or sustained by Gift Cards 4Us.in, its affiliates or any future buyer due to
usage of the device by me till date and I undertake to make good the same.
I
understand once a device is sent by me to Gift Cards 4Us, in no scenario can
this device be returned back to me.
I
understand that the new device delivery and the old device pickup will happen
simultaneously (hand in hand) and I shall keep the old device ready to be given
for exchange.
Products
distributed as gifts from state sponsored or NGO funded distribution programs
are not accepted for exchange under exchange offers.
Digital
Content: Music
Music
(MP3 format): Only certain short listed Seller (at the sole discretion of Gift
Cards 4Us) shall be entitled to sell Music (MP3 format) on the Platform. You
may be able to purchase DRM-free digital music in MP3 file format on the
Platform from the respective Sellers. Such MP3 music files shall be provided to
You as per selection provided by Seller, subject to certain limitations as
described by the Seller. You shall be granted specified download rights of
DRM-free MP3 music files from the catalogue of MP3 music displayed on the
Platform. The MP3 music may include full-length MP3 audio tracks at best available
bit rate and certain other premium features, as may be provided on the Platform
by respective Sellers from time to time.
Territory:
Currently You can purchase downloadable digital MP3 music only through the
Platform and Flyte Music Application as may be made available from time to time
on the Platform, only within the territory of India.
Rights
Granted: Music download right is a non-exclusive, non-transferable right to use
for your personal, non-commercial, entertainment use, subject to and in
accordance with the Terms of Use. You may copy, store, transfer and burn the
MP3 music file only for your personal, non-commercial, entertainment use,
subject to and in accordance with the Terms of Use. You represent, warrant and
agree that You will use the MP3 music file only for your personal,
non-commercial, entertainment use and not for any redistribution of the same or
other use restricted in this Section. You agree not to infringe the rights of
the copyright owners and to comply with all applicable laws in your use of the
MP3 music file. You agree that You will not redistribute, transmit, assign,
sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise
transfer or use MP3 music file. You are not granted any synchronization, public
performance, promotional use, commercial sale, resale, reproduction or
distribution rights for MP3 music file. You acknowledge that the MP3 music file
embodies the intellectual property of a third party and is protected by law.
Explicit
Consent: You agree that we shall have no liability to You for MP3 music file
downloaded by You on the Platform if You find the same to be offensive,
indecent or objectionable and expressions through the audio files are not
subscribed by us.
Cash
on Delivery as a mode of payment is not available for purchasing MP3 music on
the Platform currently.
All
Sales Final; Downloading and Risk of Loss; Availability of MP3 music files: All
sales of MP3 music files are final. Returns of MP3 music files are not
permissible on Platform. Once You have purchased MP3 music files, Gift Cards 4Usencourages
You to download it promptly. If You are unable to complete a download, please
contact customer service within 6 hours of the payment.
Further
Gift Cards 4Usassumes no liability if your media player does not support the
file format made available by the Seller on the Platform or your browser does
not support the music download application / software available by the Seller
on the Platform, by whatever name called.
You
bear all risk of loss after purchase and for any loss of MP3 music files You
have downloaded, including any loss due to a computer or hard drive crash.
Seller
may, from time to time, at its sole discretion, remove MP3 music files from the
Service without notice.
Intellectual
Property Rights: It is hereby specifically recorded that the copyright and
other Intellectual Property in the music available on the Platform is the sole
and exclusive property of third parties. Seller represents and warrants that
Sellers are authorized by such third parties to upload the music on the
Platform for license of use to the end customers. Intellectual Property Rights
for the purpose of this Terms of Use shall always mean and include copyrights
whether registered or not, patents including rights of filing patents,
trademarks, trade names, trade dresses, house marks, collective marks,
associate marks and the right to register them, designs both industrial and
layout, geographical indicators, moral rights, broadcasting rights, displaying
rights, distribution rights, selling rights, abridged rights, translating
rights, reproducing rights, performing rights, communicating rights, adapting
rights, circulating rights, protected rights, joint rights, reciprocating
rights, infringement rights. All those Intellectual Property rights arising as
a result of domain names, internet or any other right available under
applicable law shall vest in the domain of Gift Cards 4Usas the owner of such
domain name. The Parties hereto agree and confirm that no part of any
Intellectual Property rights mentioned hereinabove is transferred in the name
of User and any intellectual property rights arising as a result of these
presents shall also be in the absolute ownership, possession and Our control or
control of its licensors, as the case may be.
Your
request to download a MP3 music file is personal to You, and the track may not
be used, sold, rented, transferred, licensed or otherwise provided to any other
User. The license to downloaded tracks includes only those rights explicitly
stated herein (typically, the right to play back for your own personal use from
your personal computer, CD player, digital player, or other personal consumer
electronic device), and, for the avoidance of doubt, does not include the right
to create a derivative work, to make copies other than for your own personal
use, or to use the track in any commercial manner. You shall promptly notify Us
in writing upon your discovery of any unauthorized use or infringement.
Software:
Seller may make available to You, from time to time, software for Your use in
connection with the download of MP3 music files (any and all such software,
individually and collectively, the "Software").
You
may use the Software only in connection with the download of MP3 music files on
the Platform. You may not separate any individual component of the Software for
use other than in connection to the download, may not incorporate any portion
of it into Your own programs or compile any portion of it in combination with
your own programs, may not transfer it for use with another service, or use it,
or any portion of it, over a network and may not sell, rent, lease, lend, loan,
distribute or sub-license the Software or otherwise assign any rights to the
Software in whole or in part. Seller may discontinue some or all of any
Software Seller provide, and Seller may terminate your right to use any
Software at any time and in such event may modify it to make it inoperable.
Without
limiting the Disclaimer of Warranties and Limitation of Liability in this terms
of use, (i) in no event shall Our or software licensors' total liability to You
for all damages arising out of or related to your use or inability to use the
Software and / or download manager or any other application exceed the amount
of ₹20; and (ii) in no event shall Our or Our Digital Content providers'
total liability to You for all damages arising from your use of the Service,
the Digital Content, or information, materials or products included on or
otherwise made available to You through the Service (excluding the Software),
exceed the amount You paid to purchase, on the Service, the Digital Content
related to Your claim for damages.
Digital
Content: eBooks
ebook
(ePub format): You will be able to purchase DRM-encrypted eBooks in ePub file
format on the Gift Cards 4UsPlatform and the Flyte eBooks application. Such
ePub files shall be provided to you as per your selection, subject to certain
limitations as described herein. You shall be granted specified download rights
of DRM-encrypted ePub files from the catalog of eBooks displayed on the
Platform.
Download
rights: You will need to be registered with Gift Cards 4Usto make an ebook
purchase. The eBooks which you purchase from the Gift Cards 4UsPlatform or
Flyte eBooks application shall be added in your Gift Cards 4UseBooks library
from where you can download the eBooks onto your device(/s). Each downloaded
ebook is locked to the User account and the downloader device. These downloaded
eBooks cannot be transferred onto other devices. Each device used by you will
have to be synced with your online eBooks library. You can sync a maximum of
six(6) devices against your user account. You can download the eBooks to your
mobile or tablet devices for offline reading and can read the eBooks using the
Flyte eBooks Application only.
Flyte
eBooks application: Flyte eBooks application will enable you to read the
digital books purchased from the Flyte eBooks store, on your mobile or tablet
devices. The app also has an in-app Flyte eBooks store where the user can
quickly purchase eBooks. The Flyte eBooks app will be available in the Android
platform. The Android app will be compatible with both mobiles and tablet
devices. You can download the Flyte eBooks android app for free from the Gift
Cards 4UsPlatform and also Google Play.
Territory:
Currently you can purchase downloadable eBooks only through the Platform and
Flyte eBooks Application as may be made available from time to time on the
Platform, only within the territory of India. You have to be within the Indian
Territory to even download the already purchased files from your Gift Cards 4UseBooks
library.
DRM
Specifications: The DRM (Digital Rights Management) enables us to restrict
certain permissions. The Flyte DRM specifications restrict the following
permissions:
|
DEFAULT RESTRICTIONS |
GIFT CARDS 4USSETTINGS |
|
Printing |
Not Allowed |
|
Copying |
Not Allowed |
|
Side-Loading (from
one device to other) |
Not Allowed |
|
e-mailing |
Not Allowed |
|
Saving Images |
Not Allowed |
|
Read out aloud |
Not Allowed |
|
Number of distinct
devices for file downloading |
Allowed (Six) |
|
Social media sharing |
140 word |
Rights
Granted: Upon your payment of our fees for ebook, we grant you a non-exclusive,
non-transferable right to use the downloaded ebook for your personal,
non-commercial, entertainment use, subject to and in accordance with the Terms
of Use. You may store the ebook only for your personal, non-commercial,
entertainment use, subject to and in accordance with the Terms of Use.
You
represent, warrant and agree that you will use the ebook only for your
personal, non-commercial, entertainment use and not for any redistribution of
the same or other use restricted in this Section. You agree not to infringe the
rights of the copyright owners and to comply with all applicable laws in your
use of the ebook. You agree that you will not redistribute, transmit, assign, sell,
broadcast, rent, share, lend, modify, adapt, edit, license or otherwise
transfer or use ebook.
You
are not granted any synchronization, public performance, promotional use,
commercial sale, resale, reproduction or distribution rights for ebook. You acknowledge
that the ebook embodies the intellectual property of a third party and is
protected by law.
Explicit
Consent: You agree that we shall have no liability to you for ebook downloaded
by You on the Platform or Flyte Apps if you find the same to be offensive,
indecent or objectionable.
Payment:
The Price List for each downloadable ebook displayed on the Platform represents
the full retail price (inclusive of all taxes unless specified otherwise) for
said downloadable ebook. You shall pay for such downloadable ebook using one of
the payment options available on the Platform.
The
Price List mentions the prices of each downloadable ebook and the User shall
pay in Indian Currency (i.e. Indian Rupee). We reserve our right to change the
prices of the ebook and services and the availability of the same at our sole
discretion.
Gift
Cards 4Uswill allow the user to buy ebook using the following forms of
payments.
-->
Credit Cards
-->
Internet Banking
-->
Debit Cards
-->Gift
Cards 4UsWallet
-->any
other mode of payment, as may be decided and made available on the Platform.
Please
note that payment can be made only in India Rupees and all the above payment
instruments must have been issued by entities operating in India and subject to
Indian regulations.
Cash
on Delivery as a mode of payment is not available for purchasing ebook on the
Platform currently.
Payment
made by credit card or any other mode as mentioned above should be received by
us on time. If for any reason we do not receive payment from the credit card
issuer or any agent involved in any of the above payment modes, You agree that
you shall pay all amounts due upon demand by us.
All
Sales Final; Downloading and Risk of Loss; Availability of eBooks. All sales of
eBooks are final. We do not accept returns of eBooks. Once you have purchased
eBooks, we encourage you to download it promptly. If you are unable to complete
a download, please contact customer service within 30 days of the payment. The
ebook will be removed from your library and the amount that was charged during
the payment will be refunded in the form of store credit. The eBooks will also
be replaced in cases of genuine technical errors as mentioned in the
replacement policy.
You
bear all risk of loss after purchase and for any loss of eBooks you have
downloaded, including any loss due to a computer or hard drive crash. We may,
from time to time, at our sole discretion remove eBooks from the Service
without notice.
Intellectual
Property Rights: It is hereby specifically recorded that the copyright and
other Intellectual Property in the ebook available on the Platform is the sole
and exclusive property of third parties. We are authorised by such third
parties to upload the ebook on the Platform for license of use to the end
customers. Intellectual Property Rights for the purpose of this Agreement shall
always mean and include copyrights whether registered or not, patents including
rights of filing patents, trademarks, trade names, trade dresses, house marks,
collective marks, associate marks and the right to register them, designs both
industrial and layout, geographical indicators, moral rights, broadcasting
rights, displaying rights, distribution rights, selling rights, abridged
rights, translating rights, reproducing rights, performing rights,
communicating rights, adapting rights, circulating rights, protected rights,
joint rights, reciprocating rights, infringement rights. All those Intellectual
Property rights arising as a result of domain names, internet or any other
right available under applicable law shall vest in the domain of Gift Cards 4UsInternet
Private Limited as the owner of such domain name. The Parties hereto agree and
confirm that no part of any Intellectual Property rights mentioned hereinabove
is transferred in the name of User and any intellectual property rights arising
as a result of these presents shall also be in the absolute ownership,
possession and our control or control of its licensors, as the case may be.
Your
request to download an ebook is personal to you, and the ebook may not be used,
sold, rented, transferred, licensed or otherwise provided to any other user.
The license to downloaded eBooks includes only those rights explicitly stated
herein (typically, the right to read the ebook in Flyte eBooks Application),
and, for the avoidance of doubt, does not include the right to create a
derivative work, to make copies, or to use the ebook in any commercial manner.
You shall promptly notify us in writing upon your discovery of any unauthorized
use or infringement.
Software:
We may make available to you, from time to time, software or updates for your
use in connection with the download of eBooks (any and all such software,
individually and collectively, the "Software").
You
may use the Software only in connection with the download of eBooks on the
Platform. You may not separate any individual component of the Software for use
other than in connection to the download, may not incorporate any portion of it
into Your own programs or compile any portion of it in combination with your
own programs, may not transfer it for use with another service, or use it, or
any portion of it, over a network and may not sell, rent, lease, lend, loan,
distribute or sub-license the Software or otherwise assign any rights to the
Software in whole or in part. We may discontinue some or all of any Software we
provide, and we may terminate your right to use any Software at any time and in
such event may modify it to make it inoperable.
Without
limiting the Disclaimer of Warranties and Limitation of Liability in this terms
of use, in no event shall our or our and/or our Digital Content providers'
total liability to You for all damages arising from your use of the Service,
the Digital Content, or information, materials or products included on or otherwise
made available to You through the Service (excluding the Software), exceed the
amount You paid to purchase, on the Service, the Digital Content related to
Your claim for damages.
Digital
Content: Gift Cards 4UsIdeas
1.
These Terms of Service (“Terms”) govern your access to and use of Gift Cards 4UsIdeas
(hereinafter referred to as “Content”). By viewing the Contents you agree to be
bound by these Terms. Content posted on the Platform is public and can be
viewed by everyone who can see the Page.
2.
Gift Cards 4Usis hosting the Content generated by third party users (“Content
Owner”), within the FK Platform for convenience of Platform Users, and as such,
Gift Cards 4Ushas no ownership or control whatsoever in the Contents displayed.
The Contents posted by the Content Owners are of personal views wherein Gift
Cards 4Usplays no role in creating/developing the Content. You are responsible
for your use of the Platform for viewing the Content.
3.
By hosting the Content on the Platform, Gift Cards 4Usis neither guaranteeing
nor giving any warranty nor making any representation with respect to the
Contents. Gift Cards 4Usis neither endorsing the views, products or the
Services, nor is it responsible for quality or features of the content
displayed on the Platform.
4.
Any information on the Platform, whether the content or any other information,
have not been verified by Gift Cards 4Us, therefore, Gift Cards 4Usshall not be
responsible for any such content or information. Gift Cards 4Uswill not bear
any obligation or liability if You rely on the Contents.
5.
If You choose to view or rely, Gift Cards 4Uswill neither be a party to nor in
any manner concerned with the same nor be liable or responsible for any act or
omission of the Content Owner.
6.
You hereby acknowledge that the Contents are created and owned by Content
Owners who own all the rights including the copyrights in the contents. The
Contents are available on the Platform for personal use only and you shall not
use it for any commercial, promotional, resale or further distribution
purposes.
7.
Any use or reliance on any Content or materials obtained by you through the
Content is at your own risk. We do not endorse, support, represent or guarantee
the completeness, truthfulness, accuracy, or reliability of any Content or
communications posted on the Platform or endorse any opinions expressed via the
contents. You understand that by using the Platform, you may be exposed to
Content that might be offensive, harmful, inaccurate or otherwise
inappropriate, or in some cases, postings that have been mislabeled or are
otherwise deceptive. All Content is the sole responsibility of the person who
originated such Content. Gift Cards 4Usmay not monitor or control the Content
posted on the Platform and, we do not take responsibility for such Content.
8.
We reserve the right to remove Content that violates the Terms of Use,
including for example, copyright or trademark violations, impersonation,
unlawful conduct, or harassment.
9.
If you see an offensive, abusive, or any unlawful content on the Platform, you
can report it to ideas-support@Gift Cards 4Us.in
10.
You may find content that offends you or that you simply don’t like, but that
doesn’t violate the content guidelines. If that happens, you can unfollow the
user who posted it or hide the post
11.
Your access to and use of the Services or any Content are at your own risk. You
understand and agree that the Services are provided to you on an “AS IS” and
“AS AVAILABLE” basis. Gift Cards 4Usmakes no warranty or representation and
disclaim all responsibility and liability for: (i) the completeness, accuracy,
availability, timeliness, security or reliability of any Content; (ii) any harm
to your computer system, loss of data, or other harm that results from your
access to or use of any Content; (iii) the deletion of, or the failure to store
or to transmit, any Content and other communications maintained by the
Services; and (iv) whether the Services will meet your requirements or be
available on an uninterrupted, secure, or error-free basis. No advice or
information, whether oral or written, obtained through the Content, will create
any warranty or representation not expressly made herein.
12.
By using the Services you agree that Gift Cards 4Us, its parents, affiliates,
related companies, officers, directors, employees, agents representatives,
partners and licensors, liability is limited to the maximum extent permissible
by Law.
13.
We may revise these Terms from time to time.
Digital
Content: Gift Cards 4UsVideo
1.
These Terms of Service ("Terms") govern your access to and use of Gift
Cards 4UsVideo which is an online over-the-top platform providing users with
live and/or on-demand audio and video content of various genres which may be
offered by either Gift Cards 4Usor by third party content providers (all such
content, collectively, the "Content").
2.
The Content is being hosted on Gift Cards 4Usmobile App only
("Platform"), that is owned and operated by Gift Cards 4UsInternet
Private Limited ("Gift Cards 4Us", "We" or
"Our").
3.
This document sets out the terms and conditions in connection with your use of
the Platform and, subsequently, your access to and/or consumption of the
Content and/or other related services provided on the Platform (all such
content and services, collectively, "Services" and such terms and
conditions, the "Terms" ).
4.
Use of Gift Cards 4UsServices is available only to persons who can form a
legally binding contract under the Indian Contract Act, 1872.You must be 18
years of age, to avail the Services. Minors may only use the service under the
supervision of an adult. Some content offered on the Platform may not be
appropriate for viewership by minors. Accordingly, parents and/or the guardians
of such children or minors are advised to exercise discretion before allowing
their children or minors to access such content on the Platform.
5.
All the Content being offered to the users on the Platform shall be, for the
convenience of the users, free of cost, or at such other terms as may be
offered by Gift Cards 4Usor the Content Providers with respect to any Content
from time to time, and such other terms shall be communicated to the user at
the time of viewing such Content and/or at the time of registering with the
Platform. Subject to you accepting these Terms and any other terms as may be
communicated to you from time to time, you are given a limited, non-exclusive,
non-transferable, non-sub-licensable, revocable permission to view the Platform
and avail the Services during the subsistence of your account with Gift Cards
4Usand no right, title or interest in any Content will be deemed transferred to
you.
6.
The Platform is an interactive online platform for the users to view the
Content of various genres, which may either be offered by Gift Cards 4Usor
third party content providers. As regards third party audio-video content
generated by third parties (such content, the " Third Party Content"
and such content providers, the " Content Owners"), the Platform
offers you such Third Party Content by providing hosting services to Content
Owners displaying their content and/or by allowing their content to be viewed
by you on the Platform by integrating services and application of other
audio-video hosting, caching and/or streaming service or infrastructure
providers (" Platform Partners") who may have content procurement
arrangements with the Content Owners The Platform may also provide content
which is commissioned by Gift Cards 4Usand/or is procured by Gift Cards 4Useither
under a license or copyright agreement (such content, " Gift Cards 4UsOriginals").
7.
Content will therefore consist of Gift Cards 4UsOriginals or Third Party
Content. Content Owners and/or Platform Partners will provide Third Party
Content. Specifically, for more information in relation to Third Party Content
(including the terms of use relating specifically to Third Partner Content),
you may refer to their respective terms and conditions. As such, Gift Cards 4Ushas
no ownership or control whatsoever on Third Party Content, whether it is
uploaded or streamed by Content Owners or by the Platform Partners. Gift Cards
4Usplays no role in creating/developing Third Party Content.
8.
As regards all the news content which are also Third Party Content through the
Platform Partners, Gift Cards 4Usrole is strictly limited to providing a
uniform resource locator (URL) or a web-address to access and/or share such
content on the Internet with the users and all news content is provided,
uploaded, streamed and/or hosted by Content Owners, the Platform Partners
and/or their respective agents or service providers. For avoidance of doubt, it
is clarified that Gift Cards 4Uswill not be hosting, uploading or streaming any
news content on its servers or IT systems. Gift Cards 4Uswill not be exercising
any control – physical, editorial or digital - over the news Content being
viewed by or provided to the user on the Platform. Gift Cards 4Uswill only be
providing the user with an option and/or a medium to access news content
through the Platform which, in turn, will provide the Content Providers and/or
the Platform Partners an opportunity to disseminate their content on the
Platform. The news Content on the Platform is directly uploaded or streamed
onto the Platform by Platform Partners who avail of Gift Cards 4Uscommunication
platform, without any intervention from Gift Cards 4Usin the content
procurement/uploading/streaming/transmission process. Gift Cards 4Usrole is
that of an 'intermediary' as defined under the Information Technology Act, 2000
and the rules thereunder, with regard to the news Content. Being an
intermediary, Gift Cards 4Ushas no responsibility and/or liability in respect
of any news Content on the Platform, including for intellectual property rights
infringement, defamation, obscenity or any other violation under applicable
law.
9.
Irrespective of whether the Content is a Third Party Content or a Gift Cards 4UsOriginal,
you, at all times, are responsible for your use of the Platform and for viewing
any Content and Gift Cards 4Usshall have no liability with respect to any loss
or damage caused by viewing or relying on the Content. By hosting Gift Cards 4UsOriginals
on the Platform and by permitting the hosting, uploading or streaming of Third
Party Content on the Platform, Gift Cards 4Uswill neither guaranteeing nor
giving any warranty nor making any representation with respect to the Contents.
The Content provided on the Platform is for entertainment or information
purposes only and Gift Cards 4Uswill neither be endorsing the views, products
or the services being depicted or offered as part of the Content, nor will Gift
Cards 4Usbe responsible for quality or features of the Content displayed on the
Platform. Unless expressly stated otherwise, all characters, themes and events
depicted in Gift Cards 4UsOriginals are entirely fictitious and any similarity
to actual events or persons, living or dead, is purely coincidental,
unintentional or accidental.
10.
Third Party Content will be made available to you through different modes,
including via video-on-demand or on a live streaming basis, depending on the
nature of the content and at the discretion of the Content Owners and/or
Platform Partners. Gift Cards 4UsOriginals will be provided to you through
different modes as well as the discretion of Gift Cards 4Us. You may choose to
view any Content at your discretion at a time chosen by you and by accepting
these Terms and any other terms relating to such Content.
11.
Please note that the availability of, and your ability to access, the Content
or some part of the Services, (a) is subject to applicable law and the
contractual arrangements between Gift Cards 4Usand the Content Owners and/or
Platform Partners; and (b) may be dependent upon your geographical location,
your Internet/data connectivity or your system capabilities or compatibility
with the Platform. Not all Content or Services will be available to all users.
On account of the nature of the Internet/data connectivity and system
compatibility, the Platform and the Services may also be accessed in various
geographical locations. You, therefore, hereby agree and acknowledge that you
are accessing the Platform and availing of the Services, at your own risk,
choice and initiative, and you agree and undertake to ensure that your use of
the Platform and the Services complies with all applicable laws including the
local laws in your jurisdiction. Further, you agree and acknowledge that the
Services and Content may vary from place to place, time to time and device to
device and the quality and the quantity of your access to the Content or the
use of the Platform or availing of the Services would be subject to various
parameters such as specifications, device, Internet availability and speed,
bandwidth, etc.
12.
Any information on the Platform, whether the Content or any other information
(other than Gift Cards 4UsOriginal), have not been verified by Gift Cards 4Us,
and therefore, Gift Cards 4Usshall not be responsible for any such Third Party
Content or information. Gift Cards 4Uswill not bear any obligation or liability
if You rely on the Contents or information and any loss or liability has been
incurred by you arising from such Third Party Content or information.
13.
If you choose to view or rely on any Third Party Content or information on the
Platform, you will be impliedly accepting the terms of viewing or relying on
such Third Party Content or information, as offered by the Content Providers
and/or the Platform Partners, and Gift Cards 4Uswill neither be a party to such
an arrangement nor will it in any manner be concerned with such an arrangement
nor will Gift Cards 4Usbe liable or responsible for any act or omission of the
Content Owner and/or the Platform Partners.
14.
You hereby acknowledge that the Third Party Content is created and owned by the
Content Owners who own all the rights including the copyrights with respect to
such content. The Content is available on the Platform for personal and
non-commercial use only and you shall not use it for any commercial,
promotional, resale, further distribution or any other unauthorized purposes.
You agree not to use the service for public performances.
15.
You further acknowledge that all the intellectual property rights contained in
(a) the Gift Cards 4UsOriginals are solely owned by Gift Cards 4Usand (b) in
the Third Party Content are solely owned by the Content Owners or licensed to
the Platform Partners. During the term of your Gift Cards 4Usmembership we
grant you a limited, non-exclusive, non-transferable, revocable right to access
the Platform and view the Content. Except for the foregoing, no right, title or
interest shall be transferred to you in any Content or the Platform.
16.
We can terminate your account or place your account on hold in order to protect
our or the interests of the Content Owners or of the Platform Partners, from an
actual, probable or suspected theft, loss, damage or other fraudulent activity.
Gift Cards 4Usreserves the right to immediately terminate, suspend, limit, or
restrict your access or use of the Platform and/or the Services, at any time,
without any notice or liability, if Gift Cards 4Usso determines, in its sole
discretion, for any reason whatsoever, including that you have: (a) breached
these Terms or the Privacy Policy; or (b) violated any applicable law, rule, or
regulation; or (c) you have engaged in any inappropriate or unlawful conduct;
or (d) provided any false or inaccurate information; or (e) for any other
reason that Gift Cards 4Usdeems fit in its sole discretion.
17.
Any use or reliance on any Content or materials obtained by you through the
Platform is at your own risk. We do not endorse, support, represent or guarantee
the completeness, truthfulness, accuracy, or reliability of any Content or
communications posted on the Platform or endorse any opinions expressed via the
Contents. You understand that by using the Platform, you may be exposed to
Content that might be offensive, harmful, inaccurate or otherwise
inappropriate, or in some cases, postings that have been mislabeled or are
otherwise deceptive. All Third Party Content is the sole responsibility of the
Content Owners who originated such content or it is the responsibility of the
Platform Partners who host, upload and/or stream such Third Party Content. Gift
Cards 4Usmay not monitor or control the Content posted, uploaded and/or
streamed on the Platform by the Content Owners, the Platform Partners and/or
their respective agents or affiliates, and, we do not take responsibility or
liability for any such content.
18.
We reserve the right to remove any Content or the user data that violates these
Terms or the applicable law, including for example, copyright or trademark
violations, impersonation, unlawful conduct, or harassment. With respect to
Third Party Content, Gift Cards 4Usrole is limited to providing a communication
platform to Content Owners and/or Platform Partners, to enable the transmission
of the Third Party Content directly from such third parties to you.
19.
Personal Information; We may use information such as device ID, location or an
account email address used with an existing Gift Cards 4Usaccount to determine
eligibility and any offers therof. We may share personal information with our
other corporate entities and Platform Partners only for the purposes of giving
enhanced customer services.
20.
Service Interruptions: You hereby consent to sharing your information with
third parties unless you specifically opt out. In addition, your access to the
Services and the Platform may also be occasionally suspended or restricted to
allow for repairs, maintenance, or the introduction of new facilities or
services at any time without prior notice. We will attempt to limit the
frequency and duration of any such suspension or restrictions.
21.
If you see an offensive, abusive, or any unlawful content on the Platform, you
can report it to customer care of Gift Cards 4Us.
22.
Disclaimer of representations and warranties: Your access to and use of the
Services or any Content are at your own risk. You understand and agree that the
Services are provided to you on an "AS IS" or "AS
AVAILABLE" basis. Gift Cards 4Usmakes no warranty or representation and
disclaim all responsibility and liability for: (i) the completeness, accuracy,
availability, timeliness, security, security and non-compatibility or
reliability of any Content; (ii) any harm to your computer system, loss of
data, or other harm that results from your access to or use of any Content;
(iii) the deletion of, or the failure to store or to transmit, any Content and
other communications maintained by the Services; and (iv) whether the Services
will meet your requirements or be available on an uninterrupted, secure, or
error-free basis. No advice or information, whether oral or written, obtained
through the Content, will create any warranty or representation not expressly
made herein or therein.
23.
Limitation of liability: By using the Services, you agree that the liability of
Gift Cards 4Us, its parents, affiliates, related companies, officers,
directors, employees, agents, representatives, partners and licensors, shall be
limited to the maximum extent permissible by applicable law. In no case shall Gift
Cards 4Us, its directors, officers, employees, affiliates, agents, contractors,
principals, or licensors be liable for any direct, indirect, incidental,
punitive, special, or consequential damages arising from your use of the
Services or any Content or for any other claim related in any way to your
access to the Platform and/or use of the Services, including, but not limited
to, any errors or omissions in any Content or information on the Platform, or
any loss or damage of any kind incurred as a result of the use of the Services
and/or reliance on any Content or information on the Platform.
24.
Indemnification: You shall defend, indemnify and hold harmless Gift Cards 4Usits
owners, affiliates, subsidiaries, group companies, partners (as applicable),
and their respective officers, directors, agents, and employees ("
Indemnified Parties"), from and against any claim, demand, damages,
obligations, penalty, losses or actions (including reasonable attorneys' fees)
made by any third party against the Indemnified Parties or imposed against the
Indemnified Parties, due to or arising out of your or your affiliate's or
relative's: (a) breach of these Terms, the Privacy Policy and/or any other
policies; or (b) violation of any applicable law, rules, regulations; or (c)
violation of the rights (including infringement of intellectual property
rights) of a third party or Gift Cards 4Us; or (d) unauthorized, improper,
illegal or wrongful use of your Gift Cards 4Usaccount (including by you or by
any person, including a third party, whether or not authorized or permitted by
you). This indemnification obligation will survive the expiry or termination of
these Terms and/or your use of the Service.
25.
Force Majeure: You agree that Gift Cards 4Usshall be under no liability
whatsoever to you in the event of non-availability of the Platform and/or any
of the Services or any portion thereof, occasioned by an Act of God, war,
disease, revolution, riot, civil commotion, strike, lockout, flood, fire,
satellite failure, failure of any public utility, man-made disaster, satellite
failure or any other cause whatsoever beyond the control of Gift Cards 4Us(including
any event which is caused by the failure or non-performance on the part of the
Content Owners or the Platform Partners).
26.
Governing laws: These Terms shall be governed, interpreted, and construed in
accordance with the laws of India, without regard to the conflict of law
provisions and for resolution of any dispute arising out of your use of the
Services or in relation to these Terms. Notwithstanding the foregoing, you
agree that (i) Gift Cards 4Ushas the right to bring any proceedings before any
court/forum of competent jurisdiction and you irrevocably submit to the
jurisdiction of such courts or forum; and (ii) any proceeding brought by you shall
be exclusively before the courts in Bengaluru, India.
27.
Severability: If any provision of these Terms is held invalid, void, or
unenforceable, then that provision shall be considered severable from the
remaining provisions, and the remaining provisions shall be given full force
and effect.
28.
Amendments: We may revise these Terms from time to time, without prior notice
to you, to update, revise, supplement, and otherwise modify these Terms and to
impose new or additional rules, policies, terms, or conditions on your use of
the Service. Any updates, revisions, supplements, modifications, and additional
rules, policies, terms, and conditions will be posted on the Platform and will
be effective immediately after such posting and we recommend that you periodically
check these Terms on the Platform for such revised terms. Your continued use of
the Services and/or the Platform will be deemed to constitute your acceptance
of any and all such revised terms.
29.
Entire agreement: These Terms, the Privacy Policy and any other terms or
policies as may be prescribed by Gift Cards 4Usfrom time to time, constitute
the entire agreement between you and Gift Cards 4Us, which will govern your use
of or access to the Services and/or the Platform, superseding any prior agreements
between you and Gift Cards 4Usregarding such use or access.
30.
Survival: You acknowledge that your representations, undertakings, and
warranties and the clauses relating to indemnities, limitation of liability,
grant of license, governing law shall survive the efflux of time and the
termination of these Terms (including but not limited to Clauses 22 to 30 of
these Terms).
Indemnity
You
shall indemnify and hold harmless Gift Cards 4Us, its owner, licensee,
affiliates, subsidiaries, group companies (as applicable) and their respective
officers, directors, agents, and employees, from any claim or demand, or
actions including reasonable attorneys' fees, made by any third party or
penalty imposed due to or arising out of Your breach of this Terms of Use,
privacy Policy and other Policies, or Your violation of any law, rules or
regulations or the rights (including infringement of intellectual property
rights) of a third party.
Applicable
Law
Terms
of Use shall be governed by and interpreted and construed in accordance with
the laws of India. The place of jurisdiction shall be exclusively in Bangalore.
Jurisdictional
Issues/Sale in India Only
Unless
otherwise specified, the material on the Platform is presented solely for the
purpose of sale in India. Gift Cards 4Usmake no representation that materials
in the Platform are appropriate or available for use in other
locations/Countries other than India. Those who choose to access this site from
other locations/Countries other than India do so on their own initiative and Gift
Cards 4Usis not responsible for supply of products/refund for the products
ordered from other locations/Countries other than India, compliance with local
laws, if and to the extent local laws are applicable.
Trademark,
Copyright and Restriction
This
site is controlled and operated by Gift Cards 4Usand products are sold by
respective Sellers. All material on this site, including images, illustrations,
audio clips, and video clips, are protected by copyrights, trademarks, and
other intellectual property rights. Material on Platform is solely for Your
personal, non-commercial use. You must not copy, reproduce, republish, upload,
post, transmit or distribute such material in any way, including by email or
other electronic means and whether directly or indirectly and You must not
assist any other person to do so. Without the prior written consent of the
owner, modification of the materials, use of the materials on any other
Platform or networked computer environment or use of the materials for any
purpose other than personal, non-commercial use is a violation of the
copyrights, trademarks and other proprietary rights, and is prohibited. Any use
for which You receive any remuneration, whether in money or otherwise, is a
commercial use for the purposes of this clause.
Trademark
complaint
Gift
Cards 4Usrespects the intellectual property of others. In case You feel that
Your Trademark has been infringed, You can write to Gift Cards 4Usat info@Gift
Cards 4U.in
Product
Description
Gift
Cards 4Uswe do not warrant that Product description or other content of this
Platform is accurate, complete, reliable, current, or error-free and assumes no
liability in this regard.
Limitation
of Liability
IN
NO EVENT SHALL Gift Cards 4UsBE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN
IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Contact
Us
Please
[contact us][] for any questions or comments (including all inquiries unrelated
to copyright infringement) regarding this Platform.
Grievance
officer
In
accordance with Information Technology Act 2000 and rules made there under and
the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details
of the Grievance Officer are provided below:
Mr.
Shremanth M
Gift
Cards 4UsInternet Pvt Ltd Block B (Begonia),
8th
Floor Embassy Tech Village,
Outer
Ring Road, Devarabeesanahalli Village,
VarthurHobli,
Bengaluru East Taluk,
Bengaluru
District, Karnataka : 560103, India
contact
us
Phone:
1800 208 9898
Time:
Mon - Sat (9:00 - 18:00)
POLICIES
Profanity
Policy
Gift
Cards 4Usprohibits the use of language that is racist, hateful, sexual or
obscene in nature in a public area.
This
policy extends to text within listings, on Seller pages and all other areas of
the site that another User may view. If the profane words are part of a title
for the item being sold, we allow Sellers to 'blur' out the bulk of the
offending word with asterisks (i.e., s*** or f***).
Please
report any violations of this policy to the correct area for review:
·
Report offensive Display Names
·
Report offensive language in a listing or otherwise
If
a feedback comment; or any communication made between Users on the Platform; or
email communication between Users in relation to transactions conducted on
Platform contain profanity, please review Our feedback removal policy and
submit a request for action/removal.
Disciplinary
action may result in the indefinite suspension of a User's account, temporary
suspension, or a formal warning.
Gift
Cards 4Uswill consider the circumstances of an alleged policy violation and the
user's trading records before taking action.
Violations
of this policy may result in a range of actions, including:
1.
Limits placed on account privileges;
2.
Loss of special status;
3.
Account suspension.
Gift
Cards 4Usshall have the right to delete a product review posted by the customer
at its sole discretion, if it is of the opinion that the review contains
offensive language as stated above. Further, if Gift Cards 4Usis of the opinion
that the review unfairly either: (i) causes disadvantage to a product; or (ii)
increases the popularity of the product, Gift Cards 4Usshall have the right to
delete the customer review. Gift Cards 4Usshall also, at its sole discretion
have the right to blacklist the customer from posting any further customer
reviews.
Replacement
Guarantee*
The
Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified
sellers on the Platform. If at the time of delivery and/or within specified
days from the date of delivery of the product/s, if any defect is found, then
the buyer of the product/s can ask for replacement of the product/s from the
seller.
If
Gift Cards 4Ushas suspicion or knowledge, that any of its buyers and sellers
are involved in any activity that is intended to provide claims or information
that is false, misleading or not genuine, then Gift Cards 4Usmay while
reserving its rights to initiate civil and/or criminal proceedings against User
may also at its sole discretion suspend, block, restrict, cancel the Display
Name of such buyer and seller and /or disqualify that User and any related
Users from availing protection through this program.
Gift
Cards 4Usreserves its right to initiate civil and/or criminal proceedings
against a User who, files a invalid and/or false claims or provides false,
incomplete, or misleading information. In addition to the legal proceedings as
aforesaid, Gift Cards 4Usmay at its sole discretion suspend, block, restrict,
cancel the Display Name [and its related Display Names] of such User and/or
disqualify that User and any related Users from availing protection through
this program. Any person who, knowingly and with intent to injure, defraud or
deceive, files a Fraudulent Complaint containing false, incomplete, or
misleading information may be guilty of a criminal offence and will be
prosecuted to the fullest extent of the law.
For
more details related to Replacement Policy, refer to
s/help/cancellation-returns
Returns
Policy
Definition:
'Return' is defined as the action of giving back the item purchased by the
Buyer to the Seller on the Gift Cards 4UsPlatform. Following situations may
arise:
1.
Item was defective
2.
Item was damaged during the Shipping
3.
Products was / were missing
4.
Wrong item was sent by the Seller.
Return
could also result in refund of money in most of the cases.
Points
to be noted:
1.
Seller can always accept the return irrespective of the policy.
2.
If Seller disagrees a return request, Buyer can file a dispute under the Buyer
Protection Program*.
We
encourage the Buyer to review the listing before making the purchase decision.
In case Buyer orders a wrong item, Buyer shall not be entitled to any return/refund.
Buyer
needs to raise the return request within the return period applicable to the
respective product.Once Buyer has raised a return request by contacting Us on
Our Toll Free Number, Seller while closing the return ticket can select one of
the following:
1.
Replace after shipment collection - Seller has agreed to wait for the logistics
team to collect the shipment from the buyer before replacing it)
2.
Refund after shipment collection - Seller has agreed to wait for the logistics
team to collect the shipment from the buyer before refunding)
3.
Refund without shipment collection - Seller has agreed to refund the buyer
without expecting the original shipment back)
4.
Replace without shipment collection - Seller has agreed to replace the order
without expecting the original shipment back)
5.
On certain select days as specified by Gift Cards 4Us(such as 'The Big Billion
Day') separate policies may be applicable.
In
the event the Seller accepts the return request raised by the Buyer, Buyer will
have to return the product and then the refund shall be credited to the Buyers
account.
In
case the Seller doesn't close the ticket in 3 days from the date of intimation
to the Seller about the refund request, the refund request shall be settled in
favor of the Buyer.
Further
for returns being made by Buyer to the Seller of the product, the following
parameters needs to be ensured by the Buyer:
|
CATEGORY |
CONDITION |
|
Electronics |
Should be included |
|
Clothing and
Footwear |
Should be "New
& Unworn" (other than for trial) |
|
Beauty, Health &
Personal Care |
Should be "New
& Unopened" |
|
Sports &
Equipment |
Should be
"New" and returned with original packaging |
|
Office Products |
Should be
"New" and returned with original packaging |
|
Jewellery |
Should be
"New" and returned with original packaging |
If
the product being returned is not in accordance with the above parameters, then
Buyer shall not be entitled to any refund of money from the Seller.
Shipping
cost for returning the product shall be borne and incurred by the Seller.
Replacement
Definition:
Replacement is the action or process of replacing something in place of
another. A Buyer can request for replacement whenever he is not happy with the
item, reason being Damaged in shipping, Defective item, Item(s) missing, wrong
item shipped and the like.
Points
to be noted:
1.
Seller can always accept the return irrespective of the policy.
2.
If Seller disagrees for a return request, Buyer can file a dispute under Buyer
Protection Program*.
Buyer
needs to raise the replacement request within the return period applicable to
the respective product. Once Buyer has raised a replacement request by
contacting Us on the Toll Free Number provided on the Platform. Once the
replacement request has been raised, the following steps shall be followed:
1.
Buyer is asked for "Reason for Return". Among others, the following
are the leading reasons:
2.
Shipping was damaged
3.
Item was defective
4.
Item Dead on Arrival
5.
Item(s) were missing
6.
Wrong item sent
7.
An intimation shall be provided to Seller seeking either "approval"
or "rejection" of the replacement request.
8.
In case the Seller accepts the replacement request, Buyer shall be required to
return the product to the Seller and only after return of the product, Seller
shall be obliged to provide the replacement product to the Buyer.
9.
Incase Seller rejects the replacement request, Buyer can choose to raise a
dispute by writing to Gift Cards 4U.in
In
case the Seller doesn't have the product at all, Seller can provide the refund
to the Buyer and Buyer shall be obligated to accept the refund in lieu of
replacement. All the product parameters shall be required to be complied with
in cases of replacement.
If
the Seller doesn't respond to the Buyer's replacement request, within three (3)
days from the date of replacement request placed by the Buyer, refund shall be
processed in favour of Buyer and Seller shall be liable to refund amount paid
to the Seller.
All
shipping and other replacement charges shall be borne and incurred by the
Seller.
Disputes
(Resolutions) Policy
Overview
Generally,
transactions are conducted smoothly on Gift Cards 4Us. However there may be
some cases where both the Buyers and Sellers may face issues. At Gift Cards 4Us,
we have a Dispute Resolution process in order to resolve disputes between
Buyers and Sellers.
What
is a 'dispute'?
A
'Dispute' can be defined as a disagreement between a Buyer and a Seller in
connection with a transaction on the Platform.
How
does a 'dispute' occur in the Marketplace?
Disputes
are filed as a result of a disagreement between the Buyer and the Seller.
Disputes arise out of an issue that is raised by either party not being
completely satisfied with the resolution of their complaint/issue.
It
is important that before a Buyer/Seller raises a dispute, they should attempt
to solve the issue. Please note that whenever a Buyer raises a dispute, the
Seller's payment for that order is put on hold immediately until the issue is
resolved.
What
are the various types of 'disputes'?
Following
are the indicative examples of potential disputes:
1.
Wrong item received
2.
Item Not as described
3.
Damaged or Seal broken on Product
4.
Part/Accessory missing
5.
Item not Compatible
6.
Seller Description/Specification Wrong
7.
Defective (Functional issues)
8.
Product not working and Manufacturer claims invalid Invoice
In
case the Seller rejects the return request of the Buyer, and Buyer raises a
dispute, then Gift Cards 4Uswill try to mediate and resolve the dispute between
both the parties. If the dispute is resolved in favour of the Buyer, a refund
is provided once the product is returned to the Seller. If the dispute is
settled in favour of the Seller, Buyer is entitled to any refund.
Buyer
Protection Program
In
case of a dispute where the Seller is unable to provide a refund or a
replacement, Gift Cards 4Uswill actively work towards reaching a resolution.
The
Buyer Protection Program covers Buyers who are unable to successfully resolve
their dispute with the Seller or are not satisfied the resolution provided by
the Seller.
The
Buyer can write to Gift Cards 4Us.inif the issue with the Seller is not
resolved. Gift Cards 4UsCustomer Support team will look into the case to check
for possible fraud and if the Buyer has been blacklisted/blocked from making
purchases on the Platform. Only after verifying these facts, a dispute can be
registered.
CS
team will not facilitate a conference call, CS team acts as the bridge between
customer and seller.
When
a dispute has been raised, Gift Cards 4Usmay provide both the parties access to
each others Display Names, contact details including email addresses and other
details pertaining to the dispute. Buyers and Sellers are subject to final
consent from Gift Cards 4Usfor settling the dispute.
Buyer
Eligibility and Restrictions
Only
the Buyers who have purchased the product on Gift Cards 4Usare eligible for the
Buyer Protection Program.
Buyers
can file a dispute within 45 days from the date of delivery of the product
Any
damage or loss to the product after delivery will not be covered under this
program and will completely be the Buyer's responsibility. Buyers should refuse
to accept delivery if the item is damaged.
To
be able to take advantage of the Buyer Protection Program, Buyers should first
contact the Seller and attempt to resolve the issue. If the Buyer doesn't hear
from the Seller or is unable to resolve the issue with the Seller even after
contact, a dispute can be raised with Gift Cards 4Usby writing an email to
info@Gift Cards 4Us.in
Fraudulent
charges and claims are not covered under Buyer Protection Program
If
the Buyer has already initiated chargeback through the credit card issuing
bank, it will not be covered under Buyer Protection Program, though in such
cases a Seller can file a claim through the Seller Protection Program.
Blacklisted
and Blocked Buyers are not covered by the Buyer Protection Program.
Buyers
who have reached their maximum lifetime limit for claims are also not eligible.
Buyers can make a maximum of 5 claims per year on Gift Cards 4Us. If the claim
was withdrawn, it is not counted. The coverage amount will be limited to
₹50,000
Through
the Buyer Protection program, Gift Cards 4Usdoes not provide any
guarantee/warranty to Buyers for products sold on Gift Cards 4Usagainst
technical/manufacturing defects.
Raising
disputes against Sellers does not automatically entitle the Buyer to a refund
or replacement for the product purchased. Gift Cards 4Usshall verify the
disputes so raised and may process only such claims that are valid and genuine.
Gift
Cards 4Usshall at no point be responsible for any direct or indirect losses,
expenses, costs of any nature whatsoever that may be incurred by any
Buyer/Seller.
Claims
of the nature of 'Buyer remorse' (i.e. instances where products are bought by
the Buyer by mistake or where the Buyer chooses to change his/her mind with
regard to the product purchased by him) will not be entertained through this
program.
Gift
Cards 4Usreserves its right to initiate civil and/or criminal proceedings
against a User who, files an invalid and/or false claims or provides false,
incomplete, or misleading information. In addition to the legal proceedings as
aforesaid, Gift Cards 4Usmay at its sole discretion suspend, block, restrict,
cancel the Display Name [and its related Display Names] of such User and/or
disqualify that user and any related users from availing protection through
this program.
Decisions
made by Gift Cards 4Usunder the Buyer Protection Program shall be final and
binding on its Users.
Gift
Cards 4Usreserves the right to modify / discontinue Buyer Protection Program
without any prior notice period to its Users.
Through
this program, Gift Cards 4Usshall not entertain claims of Buyers who have
incurred loss due to delayed shipment or delivery of the item by the Seller.
Gift
Cards 4UsCustomer Support Team may seek additional information / clarification
from Buyer to facilitate resolution of the dispute. In the event Buyer does not
respond with information / clarification sought within 10 days of such request,
the dispute shall be auto-closed in favour of the Seller.
Disputes
via Chargeback
Whenever
a chargeback (CB) comes from a payment gateway/bank, following situations may
arise:
1.
Item not received CB - Buyer hasn't received the item. Refund will be created
in accordance with the dispute policies
2.
Unauthorized CB - Buyer hasn't made this particular transaction. Refund will be
created in accordance with the dispute policies.
Seller
expressly agrees that issuing the correct and complete invoice is the sole and
primary responsibility of the Seller. Furthermore, Seller shall ensure that
invoices state "Powered by Gift Cards 4Us" and failing to do so
Seller will be liable for chargebacks (as applicable).
1.
Item not as described - meaning item is not what Buyer expected. Dispute will
be decided in accordance with the dispute policies.
Email
Abuse & Threat Policy
Private
communication, including email correspondence, is not regulated by Gift Cards
4Us. Gift Cards 4Usencourages its Users to be professional, courteous and
respectful when communicating by email.
However,
Gift Cards 4Uswill investigate and can take action on certain types of unwanted
emails that violate Gift Cards 4Uspolicies.
Such
instances:
Threats
of Bodily Harm - Gift Cards 4Usdoes not permit Users to send explicit threats
of bodily harm.
Misuse
of Gift Cards 4UsSystem - Gift Cards 4Usallows Users to facilitate transactions
through the Gift Cards 4Ussystem, but will investigate any misuse of this
service.
Spoof
(Fake) email - Gift Cards 4Uswill never ask you to provide sensitive
information through email. In case you receive any spoof (fake) email, you are
requested to report the same to Us through 'Contact Us' tab.
Spam
(Unsolicited Commercial email) - Gift Cards 4Usspam policy applies only to
unsolicited commercial messages sent by Gift Cards 4UsUsers. Gift Cards 4UsUsers
are not allowed to send spam messages to other Users.
Offers
to Buy or Sell Outside of Gift Cards 4Us- Gift Cards 4Us prohibits email offers
to buy or sell listed products outside of the Gift Cards 4UsPlatform. Offers of
this nature are a potential fraud risk for both Buyers and Sellers.
Gift
Cards 4Uspolicy prohibits user-to-user threats of physical harm via any method
including, phone, email and on Our public message boards.
Violations
of this policy may result in a range of actions, including:
·
Limits on account privileges
- Account suspension
·
Cancellation of listings
- Loss of special status
Other
Businesses
Gift
Cards 4Usdoes not take responsibility or liability for the actions, products,
content and services on the Platform, which are linked to Affiliates and / or
third party Platforms using Platform's APIs or otherwise. In addition, the
Platform may provide links to the third party Platforms of Our affiliated
companies and certain other businesses for which, Gift Cards 4Usassumes no
responsibility for examining or evaluating the products and services offered by
them. Gift Cards 4Usdo not warrant the offerings of, any of these businesses or
individuals or the content of such third party Platform(s). Gift Cards 4Usdoes
not endorse, in any way, any third party Platform(s) or content thereof.
Gift
Cards 4UsInfringement Verification (FIV) - Reporting Listing Violations
Gift
Cards 4Ushas put in place Gift Cards 4UsInfringement Verification process so
that intellectual property owners could easily report listings that infringe
their rights. It is in Gift Cards 4Usinterest to ensure that infringing
products are removed from the site, as they erode Buyer and good Seller trust.
·
If you are a Verified Rights Owner and want to report a listing issue, see Gift
Cards 4UsFIV. Note: Only the intellectual property rights owner can report
potentially infringing products or listings through FIV. If you are not the
intellectual property rights owner, you can still help by getting in touch with
the rights owner and encouraging them to [contact us][].
·
If your listing was removed through FIV, and you believe that your listing was
removed in error, please [contact us][].
Gift
Cards 4Usdoes not and cannot verify that Sellers have the right or ability to
sell or distribute their listed products. However, Gift Cards 4Usis committed
to removing infringing or unlicensed products once an authorized representative
of the rights owner properly reports them to Gift Cards 4Us.
FIV
works to ensure that item listings do not infringe upon the copyright,
trademark or other intellectual property rights of third parties. FIV
participants have the ability to identify and request removal of allegedly
infringing products and materials.
Any
person or company who holds intellectual property rights (such as a copyright,
trademark or patent) which may be infringed upon by products listed on v is
encouraged to become a FIV member.
Program
membership entitles you (Verified Rights Owner) to the following benefits:
·
Rapid response by Gift Cards 4Us in ending listings reported by you (as the
Verified Rights Owner) as allegedly infringing
·
Dedicated priority email queues for reporting alleged infringements
·
The ability to obtain identifying information about Gift Cards 4Ususers'
How
to Become a FIV Member
To
join the FIV, we require only that you fully complete and email Us a Notice of
Infringement form specifying the allegedly infringing listings and the
infringed work, complete with an original authorized signature. The information
requested by the Notice of Infringement is designed to ensure that parties
reporting products are authorized by the rights owners, and to enable Gift
Cards 4Usto easily identify the material or listing to be ended.
In
the interest of keeping the process easy and simple, after we receive your
first Notice of Infringement in hard copy, future notices can be sent to Us by
email at info@Gift Cards 4Ua.in.
Note:
In your notice of infringement, you shall be required to identify the
individual listing which is infringing your intellectual property. General
notices shall not be accepted.
We
are happy to receive such information, but must advise that we may be limited
in Our ability to respond to your request absent formal notice from an
authorized rights owner.
Notice
of Infringement
Gift
Cards 4UsInternet Private Limited
_______________________
_______________________
I,
[name] ____________________________ of [address] _________________________ do
solemnly and sincerely declare as follows:
1.
I am the owner of certain intellectual property rights, said owner being named
__________________ ("IP Owner").
2.
I have a good faith belief that the item listings or materials identified in
the annexure attached hereto are not authorised by the above IP Owner, its
agent, or the law and therefore infringe the IP Owner's rights. Please
expeditiously remove or disable access to the material or products claimed to
be infringing.
3.
I may be contacted at:
Name
___________________________________________________________
Title
& Company ________________________________________________________
Address
_________________________________________________________
Email
(correspondence) ___________________________________________________
Telephone/Fax
_____________________________________________________________
Date
_________________________________________________________________
and
I make this declaration conscientiously believing it to be true and correct.
Declared
by ______________________________
on
[date] ___________________________________ in [place]________
Truthfully,
Signature
Addendum
to Notice of Infringement:
List
of Allegedly Infringing Listings, Products, or Materials
A
Note on Reason Codes: When identifying item numbers please use the reasons
below. When removing products from the site, Gift Cards 4Uswill inform Sellers
of the specific reason for the removal of their products.
Select
the most appropriate reason. Please associate each item you report with only
one reason code.
Trademark-infringement
1.
Trademark owner doesn't make this type of product or has discontinued the
production of the product
2.
Item(s) is an unlawful replica of a product made by the trademark owner or is
counterfeit
Trademark-listing
description infringement
1.
Listing(s) has unlawful comparison to trademark owner's brand or product
2.
Listing(s) contains unlawful use of trademark owner's logo
Copyright-item
infringement
1.
Software is being offered without any license or in violation of a license
2.
Item(s) is a bootleg recording;
3.
Item(s) is an unlawful copy (software, games, movies, etc.);
4.
Item(s) is unlawful duplication of printed material
5.
Item(s) is an unlawful copy of other copyrighted work (paintings, sculptures,
etc.)
Copyright-listing
content infringement
1.
Listing(s) comprises unauthorized copy of copyrighted text
2.
Listing(s) comprises unauthorized copy of copyrighted image
3.
Listing(s) comprises unauthorized copy of copyrighted image and text
Reason
Code: _____________________________________________________________
Work(s)
infringed:
_________________________________________________________
Item
Number(s): ___________________________________________________________
Note:
1.
Please provide the ownership of Trademark (Trademark Registration Certificate
should be in the name of applicant)
2.
Please provide the evidence as to the ownership of copyright.
All
such Notices of Infringement shall be sent to info@Gift Cards 4Us.in
Contacting
the Seller
At
Gift Cards 4Uswe are committed towards ensuring that disputes between sellers
and buyers are settled amicably by way of the above dispute resolution
mechanisms and procedures. However, in the event that a buyer wishes to contact
the seller, he/ she may proceed to do so by accessing the seller related
information made available by the sellers on their product listing pages.
Alternatively, the buyers may also reach out to customer support at 1800 208
9898 or access help center at
For
Buyers from Maharashtra
Gift
Cards 4UsTerms of Use
This
document is an electronic record in terms of Information Technology Act, 2000
and rules there under as applicable and the amended provisions pertaining to
electronic records in various statutes as amended by the Information Technology
Act, 2000. This electronic record is generated by a computer system and does
not require any physical or digital signatures.
This
document is published in accordance with the provisions of Rule 3 (1) of the
Information Technology (Intermediaries guidelines) Rules, 2011 that require
publishing the rules and regulations, privacy policy and Terms of Use for
access or usage of domain name [www.Gift Cards 4Us.in] (“Website”), including
the related mobile site and mobile application (hereinafter referred to as
“Platform”)
The
Platform is owned by Gift Cards 4UsInternet Private Limited a company
incorporated under the Companies Act, 1956 with its registered office at
Buildings Alyssa, Begonia & Clover, Embassy Tech Village, Outer Ring Road,
Devarabeesanahalli Village, Bengaluru – 560103, Karnataka, India and its branch
offices at 2nd Floor, Block F (Flora), Embassy Tech Village, Outer Ring Road,
Devarabeesanahalli Village, Bengaluru-560103, Karnataka, India and; 447/C, 12th
Main, 4th Block, Koramangala, Bengaluru-560034, Karnataka, India (hereinafter
referred to as "Gift Cards 4Us").
Your
use of the Platform and services and tools are governed by the following terms
and conditions ("Terms of Use") as applicable to the Platform
including the applicable policies which are incorporated herein by way of
reference. If You transact on the Platform, You shall be subject to the
policies that are applicable to the Platform for such transaction. By mere use
of the Platform, You shall be contracting with Gift Cards 4UsInternet Private
Limited and these terms and conditions including the policies constitute Your
binding obligations, with Gift Cards 4Us.
For
the purpose of these Terms of Use, wherever the context so requires
"You" or "User" shall mean any natural or legal person who
has agreed to become a buyer on the Platform by providing Registration Data
while registering on the Platform as Registered User using the computer
systems. Gift Cards 4Usallows the User to surf the Platform or making purchases
without registering on the Platform. The term "We", "Us",
"Our" shall mean Gift Cards 4UsInternet Private Limited.
When
You use any of the services provided by Us through the Platform, including but
not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to
the rules, guidelines, policies, terms, and conditions applicable to such
service, and they shall be deemed to be incorporated into this Terms of Use and
shall be considered as part and parcel of this Terms of Use. We reserve the
right, at Our sole discretion, to change, modify, add or remove portions of
these Terms of Use, at any time without any prior written notice to You. It is
Your responsibility to review these Terms of Use periodically for updates /
changes. Your continued use of the Platform following the posting of changes
will mean that You accept and agree to the revisions. As long as You comply
with these Terms of Use, We grant You a personal, non-exclusive,
non-transferable, limited privilege to enter and use the Platform.
ACCESSING,
BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS
AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE
CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of
Use, You also accept and agree to be bound by Gift Cards 4UsPolicies
((including but not limited to Privacy Policy available at Privacy) as amended
from time to time.
Membership
Eligibility
Transaction
on the Platform is available only to persons who can form legally binding
contracts under Indian Contract Act, 1872. Persons who are "incompetent to
contract" within the meaning of the Indian Contract Act, 1872 including
un-discharged insolvents etc. are not eligible to use the Platform. If you are
a minor i.e. under the age of 18 years, you may use the Platform or access
content on the Platform only under the supervision and prior consent/
permission of a parent ormlegal guardian.
As
a minor if you wish to transact on the Platform, such transaction on the
Platform may be made by your legal guardian or parents. Gift Cards 4Usreserves
the right to terminate your membership and / or refuse to provide you with
access to the Platform if it is brought to Gift Cards 4Usnotice or if it is
discovered that You are under the age of 18 years and transacting on the
Platform.
Your
Account and Registration Obligations
If
You use the Platform, You shall be responsible for maintaining the
confidentiality of your Display Name and Password and You shall be responsible
for all activities that occur under your Display Name and Password. You agree
that if You provide any information that is untrue, inaccurate, not current or
incomplete or We have reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, or not in accordance with the
this Terms of Use, We shall have the right to indefinitely suspend or terminate
or block access of your membership on the Platform and refuse to provide You
with access to the Platform.
Your
mobile phone number and/or e-mail address is treated as Your primary identifier
on the Platform. It is your responsibility to ensure that Your mobile phone
number and your email address is up to date on the Platform at all times. You
agree to notify Us promptly if your mobile phone number or e-mail address
changes by updating the same on the Platform through a onetime password
verification.
You
agree that Gift Cards 4Usshall not be liable or responsible for the activities
or consequences of use or misuse of any information that occurs under your
Account in cases, including, where You have failed to update Your revised
mobile phone number and/or e-mail address on the Website Platform.
If
You share or allow others to have access to Your account on the Platform
(“Account”), by creating separate profiles under Your Account, or otherwise,
they will be able to view and access Your Account information. You shall be
solely liable and responsible for all the activities undertaken under Your
Account, and any consequences therefrom.
Communications
When
You use the Platform or send emails or other data, information or communication
to us, You agree and understand that You are communicating with Us through
electronic records and You consent to receive communications via electronic
records from Us periodically and as and when required. We may communicate with
you by email or by such other mode of communication, electronic or otherwise.
Platform
for Transaction and Communication
The
Platform is a platform that Users utilize to meet and interact with one another
for their transactions. Gift Cards 4Usis not and cannot be a party to or
control in any manner any transaction between the Platform's Users.
Henceforward:
1.
All commercial/contractual terms are offered by and agreed to between Buyers
and Sellers alone. The commercial/contractual terms include without limitation
price, shipping costs, payment methods, payment terms, date, period and mode of
delivery, warranties related to products and services and after sales services
related to products and services. Gift Cards 4Usdoes not have any control or
does not determine or advise or in any way involve itself in the offering or
acceptance of such commercial/contractual terms between the Buyers and Sellers.
All discounts, offers (including exchange offers) are by the Seller/Brand and
not by Gift Cards 4Us.
2.
Placement of order by a Buyer with Seller on the Platform is an offer to buy
the product(s) in the order by the Buyer to the Seller and it shall not be
construed as Seller's acceptance of Buyer's offer to buy the product(s)
ordered. The Seller retains the right to cancel any such order placed by the
Buyer, at its sole discretion and the Buyer shall be intimated of the same by
way of an email/SMS. Any transaction price paid by Buyer in case of such
cancellation by Seller, shall be refunded to the Buyer. Further, the Seller may
cancel an order wherein the quantities exceed the typical individual
consumption. This applies both to the number of products ordered within a
single order and the placing of several orders for the same product where the
individual orders comprise a quantity that exceeds the typical individual
consumption. What comprises a typical individual's consumption quantity limit
shall be based on various factors and at the sole discretion of the Seller and
may vary from individual to individual.
3.
Gift Cards 4Usdoes not make any representation or Warranty as to specifics
(such as quality, value, salability, etc) of the products or services proposed
to be sold or offered to be sold or purchased on the Platform. Gift Cards 4Usdoes
not implicitly or explicitly support or endorse the sale or purchase of any
products or services on the Platform. Gift Cards 4Usaccepts no liability for
any errors or omissions, whether on behalf of itself or third parties.
4.
Gift Cards 4Usis not responsible for any non-performance or breach of any
contract entered into between Buyers and Sellers. Gift Cards 4Uscannot and does
not guarantee that the concerned Buyers and/or Sellers will perform any
transaction concluded on the Platform. Gift Cards 4Usshall not and is not required
to mediate or resolve any dispute or disagreement between Buyers and Sellers.
5.
Gift Cards 4Usdoes not make any representation or warranty as to the
item-specifics (such as legal title, creditworthiness, identity, etc) of any of
its Users. You are advised to independently verify the bona fides of any
particular User that You choose to deal with on the Platform and use Your best
judgment in that behalf.
6.
Gift Cards 4Usdoes not at any point of time during any transaction between
Buyer and Seller on the Platform come into or take possession of any of the
products or services offered by Seller nor does it at any point gain title to
or have any rights or claims over the products or services offered by Seller to
Buyer.
7.
At no time shall Gift Cards 4Ushold any right, title or interest over the
products nor shall Gift Cards 4Ushave any obligations or liabilities in respect
of such contract entered into between Buyers and Sellers. Gift Cards 4Usis not
responsible for unsatisfactory or delayed performance of services or damages or
delays as a result of products which are out of stock, unavailable or back
ordered.
8.
The Platform is only a platform that can be utilized by Users to reach a larger
base to buy and sell products or services. Gift Cards 4Usis only providing a
platform for communication and it is agreed that the contract for sale of any
of the products or services shall be a strictly bipartite contract between the
Seller and the Buyer.
At
no time shall Gift Cards 4Ushold any right, title or interest over the products
nor shall Gift Cards 4Ushave any obligations or liabilities in respect of such
contract.
Gift
Cards 4Usis not responsible for unsatisfactory or delayed performance of
services or damages or delays as a result of products which are out of stock,
unavailable or back ordered.
Select
products offered by sellers may be eligible for business purchases on the
Platform.
1.
Upon Your purchase of product(s) eligible for business purchases, You may be
able to avail the benefits of GST input tax credit. Accordingly, at your
request, an invoice containing the GSTIN as provided by You ("Tax
Invoice") shall be issued to You by the Seller(s) selling such products.
o
GST invoice will have, inter alia, the following details printed on it: -GSTIN
associated with your registered business, as provided by you
o
Entity name of your registered business, as provided by you
o
Not all products are eligible for business purchases on the Platform and the
same is solely at the discretion of the Sellers. You will be able to view the
eligibility of Tax Invoice on the product page on the Platform.
o
Purchases on the Platform must only be for end consumption. Users must not use
products purchased on the Platform for any commercial, promotional, resale or
further distribution purposes.
o
For seamless availment of input tax credit, kindly mention the delivery address
as the address which is mentioned as the registered place of business as per
the records of GST authority. Please note that availment of input tax credit is
subject to provisions of GST Act and rules.
o
The delivery and billing addresses will be required to be the same, please note
that input tax credit will be denied by GST authority if the delivery address
and GSTIN in the GST invoice are of different states.
o
If GSTIN and/or business entity details are not provided by You, it will be
presumed that it is a personal purchase and not a business purchase.
o
Gift Cards 4Usis not responsible to verify the correctness of the GSTIN and/or
entity name provided by You and You shall be entirely responsible to provide
the accurate details.
o
Gift Cards 4Usand Seller shall not entertain any request for any revision in
the GST Invoice. Gift Cards 4Usand Seller shall not be liable for Your default
including for reasons associated with details provided by You.
o
Gift Cards 4Uswill not be liable in case You are not able to avail input tax
credit or if input tax credit is denied to You for any reason whatsoever.
o
You shall be solely liable for all compliances required under applicable laws.
o
You agree to indemnify and hold Gift Cards 4Usand Seller harmless from all
losses, claims, costs, expenses, suits, proceedings, or any other liability
including any third-party claims (including any penalties imposed by
governmental authorities) arising out of or in connection with (1) the GSTIN
and/or entity name provided by you or the input tax credit claimed by you or
your use or misuse of the GST Invoice and (2) your non-compliance with the
applicable laws or (3) your use or misuse of any third-party’s details
including GSTIN.
o
Gift Cards 4Ushas the right to not allow business purchases on the Platform to
You if a fraudulent activity is identified.
o
Seller reserves the right to not issue Tax Invoice or issue a credit note
against an already issued Tax Invoice to cancel the transaction, if any
fraudulent activity is identified.
2.
You shall independently agree upon the manner and terms and conditions of
delivery, payment, insurance etc. with the seller(s) that You transact with.
Disclaimer:
Pricing on any product(s) as is reflected on the Platform may due to some
technical issue, typographical error or product information published by seller
may be incorrectly reflected and in such an event seller may cancel such your
order(s).
1.
You release and indemnify Gift Cards 4Usand/or any of its officers and
representatives from any cost, damage, liability or other consequence of any of
the actions of the Users of the Platform and specifically waive any claims that
you may have in this behalf under any applicable law. Notwithstanding its
reasonable efforts in that behalf, Gift Cards 4Uscannot take responsibility or
control the information provided by other Users which is made available on the
Platform. You may find other User's information to be offensive, harmful,
inconsistent, inaccurate, or deceptive. Please use caution and practice safe
trading when using the Platform.
Please
note that there could be risks in dealing with underage persons or people
acting under false pretence.
Charges
Membership
on the Platform is free for buyers. Gift Cards 4Usdoes not charge any fee for
browsing and buying on the Platform. Gift Cards 4Usreserves the right to change
its Fee Policy from time to time. In particular, Gift Cards 4Usmay at its sole
discretion introduce new services and modify some or all of the existing
services offered on the Platform. In such an event Gift Cards 4Usreserves the
right to introduce fees for the new services offered or amend/introduce fees
for existing services, as the case may be. Changes to the Fee Policy shall be
posted on the Platform and such changes shall automatically become effective
immediately after they are posted on the Platform. Unless otherwise stated, all
fees shall be quoted in Indian Rupees. You shall be solely responsible for
compliance of all applicable laws including those in India for making payments
to Gift Cards 4Us Internet Private Limited.
Use
of the Platform
You
agree, undertake and confirm that Your use of Platform shall be strictly
governed by the following binding principles:
1.
You shall not host, display, upload, modify, publish, transmit, update or share
any information which:
(a)
belongs to another person and to which You does not have any right to;
(b)
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic,
paedophilic, libellous, invasive of another's privacy, hateful, or racially,
ethnically objectionable, disparaging, relating or encouraging money laundering
or gambling, or otherwise unlawful in any manner whatever; or unlawfully
threatening or unlawfully harassing including but not limited to "indecent
representation of women" within the meaning of the Indecent Representation
of Women (Prohibition) Act, 1986;
(c)
is misleading in any way;
(d)
is patently offensive to the online community, such as sexually explicit
content, or content that promotes obscenity, paedophilia, racism, bigotry,
hatred or physical harm of any kind against any group or individual;
(e)
harasses or advocates harassment of another person;
(f)
involves the transmission of "junk mail", "chain letters",
or unsolicited mass mailing or "spamming";
(g)
promotes illegal activities or conduct that is abusive, threatening, obscene,
defamatory or libellous;
(h)
infringes upon or violates any third party's rights [including, but not limited
to, intellectual property rights, rights of privacy (including without
limitation unauthorized disclosure of a person's name, email address, physical
address or phone number) or rights of publicity];
(i)
promotes an illegal or unauthorized copy of another person's copyrighted work
(see "Copyright complaint" below for instructions on how to lodge a
complaint about uploaded copyrighted material), such as providing pirated
computer programs or links to them, providing information to circumvent
manufacture-installed copy-protect devices, or providing pirated music or links
to pirated music files;
(j)
contains restricted or password-only access pages, or hidden pages or images
(those not linked to or from another accessible page);
(k)
provides material that exploits people in a sexual, violent or otherwise
inappropriate manner or solicits personal information from anyone;
(l)
provides instructional information about illegal activities such as making or
buying illegal weapons, violating someone's privacy, or providing or creating
computer viruses;
(m)
contains video, photographs, or images of another person (with a minor or an
adult).
(n)
tries to gain unauthorized access or exceeds the scope of authorized access to
the Platform or to profiles, blogs, communities, account information,
bulletins, friend request, or other areas of the Platform or solicits passwords
or personal identifying information for commercial or unlawful purposes from
other users;
(o)
engages in commercial activities and/or sales without Our prior written consent
such as contests, sweepstakes, barter, advertising and pyramid schemes, or the
buying or selling of "virtual" products related to the Platform.
Throughout this Terms of Use, Gift Cards 4Usprior written consent means a
communication coming from Gift Cards 4UsLegal Department, specifically in
response to Your request, and specifically addressing the activity or conduct
for which You seek authorization;
(p)
solicits gambling or engages in any gambling activity which We, in Our sole
discretion, believes is or could be construed as being illegal;
(q)
interferes with another USER's use and enjoyment of the Platform or any other
individual's User and enjoyment of similar services;
(r)
refers to any Platform or URL that, in Our sole discretion, contains material
that is inappropriate for the Platform or any other Platform, contains content
that would be prohibited or violates the letter or spirit of these Terms of
Use.
(s)
harm minors in any way;
(t)
infringes any patent, trademark, copyright or other proprietary rights or third
party's trade secrets or rights of publicity or privacy or shall not be
fraudulent or involve the sale of counterfeit or stolen products;
(u)
violates any law for the time being in force;
(v)
deceives or misleads the addressee/ users about the origin of such messages or
communicates any information which is grossly offensive or menacing in nature;
(w)
impersonate another person;
(x)
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
resource; or contains any trojan horses, worms, time bombs, cancelbots, easter
eggs or other computer programming routines that may damage, detrimentally
interfere with, diminish value of, surreptitiously intercept or expropriate any
system, data or personal information;
(y)
threatens the unity, integrity, defence, security or sovereignty of India,
friendly relations with foreign states, or public order or causes incitement to
the commission of any cognizable offence or prevents investigation of any
offence or is insulting any other nation.
(z)
shall not be false, inaccurate or misleading;
(aa)
shall not, directly or indirectly, offer, attempt to offer, trade or attempt to
trade in any item, the dealing of which is prohibited or restricted in any
manner under the provisions of any applicable law, rule, regulation or
guideline for the time being in force.
(ab)
shall not create liability for Us or cause Us to lose (in whole or in part) the
services of Our internet service provider ("ISPs") or other
suppliers;
1.
You shall not use any "deep-link", "page-scrape",
"robot", "spider" or other automatic device, program, algorithm
or methodology, or any similar or equivalent manual process, to access,
acquire, copy or monitor any portion of the Platform or any Content, or in any
way reproduce or circumvent the navigational structure or presentation of the
Platform or any Content, to obtain or attempt to obtain any materials,
documents or information through any means not purposely made available through
the Platform. We reserve Our right to bar any such activity.
2.
You shall not attempt to gain unauthorized access to any portion or feature of
the Platform, or any other systems or networks connected to the Platform or to
any server, computer, network, or to any of the services offered on or through
the Platform, by hacking, password "mining" or any other illegitimate
means.
3.
You shall not probe, scan or test the vulnerability of the Platform or any
network connected to the Platform nor breach the security or authentication
measures on the Platform or any network connected to the Platform. You may not
reverse look-up, trace or seek to trace any information on any other User of or
visitor to Platform, or any other customer, including any account on the
Platform not owned by You, to its source, or exploit the Platform or any
service or information made available or offered by or through the Platform, in
any way where the purpose is to reveal any information, including but not
limited to personal identification or information, other than Your own
information, as provided for by the Platform.
4.
You shall not make any negative, denigrating or defamatory statement(s) or
comment(s) about Us or the brand name or domain name used by Us including the
terms Gift Cards 4Us, Flyte, Digiflip, Gift Cards 4Us, Gift Cards 4Us.com, or
otherwise engage in any conduct or action that might tarnish the image or
reputation, of Gift Cards 4Usor sellers on platform or otherwise tarnish or
dilute any Gift Cards 4Ustrade or service marks, trade name and/or goodwill
associated with such trade or service marks, trade name as may be owned or used
by us. You agree that You will not take any action that imposes an unreasonable
or disproportionately large load on the infrastructure of the Platform or Gift
Cards 4Ussystems or networks, or any systems or networks connected to Gift
Cards 4Us.
5.
You agree not to use any device, software or routine to interfere or attempt to
interfere with the proper working of the Platform or any transaction being
conducted on the Platform, or with any other person's use of the Platform.
6.
You may not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any message or transmittal You send to Us on or through
the Platform or any service offered on or through the Platform. You may not
pretend that You are, or that You represent, someone else, or impersonate any
other individual or entity.
7.
You may not use the Platform or any content for any purpose that is unlawful or
prohibited by these Terms of Use, or to solicit the performance of any illegal
activity or other activity which infringes the rights of Gift Cards 4Usand / or
others.
8.
You shall at all times ensure full compliance with the applicable provisions of
the Information Technology Act, 2000 and rules thereunder as applicable and as
amended from time to time and also all applicable Domestic laws, rules and
regulations (including the provisions of any applicable Exchange Control Laws
or Regulations in Force) and International Laws, Foreign Exchange Laws,
Statutes, Ordinances and Regulations (including, but not limited to Sales
Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local
Levies) regarding Your use of Our service and Your listing, purchase,
solicitation of offers to purchase, and sale of products or services. You shall
not engage in any transaction in an item or service, which is prohibited by the
provisions of any applicable law including exchange control laws or regulations
for the time being in force.
9.
Solely to enable Us to use the information You supply Us with, so that we are
not violating any rights You might have in Your Information, You agree to grant
Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sub-licensable (through multiple tiers) right to exercise the copyright,
publicity, database rights or any other rights You have in Your Information, in
any media now known or not currently known, with respect to Your Information.
We will only use Your information in accordance with the Terms of Use and
Privacy Policy applicable to use of the Platform.
10.
From time to time, You shall be responsible for providing information relating
to the products or services proposed to be sold by You. In this connection, You
undertake that all such information shall be accurate in all respects. You
shall not exaggerate or over emphasize the attributes of such products or
services so as to mislead other Users in any manner.
11.
You shall not engage in advertising to, or solicitation of, other Users of the
Platform to buy or sell any products or services, including, but not limited
to, products or services related to that being displayed on the Platform or
related to us. You may not transmit any chain letters or unsolicited commercial
or junk email to other Users via the Platform. It shall be a violation of these
Terms of Use to use any information obtained from the Platform in order to
harass, abuse, or harm another person, or in order to contact, advertise to,
solicit, or sell to another person other than Us without Our prior explicit
consent. In order to protect Our Users from such advertising or solicitation,
We reserve the right to restrict the number of messages or emails which a user
may send to other Users in any 24-hour period which We deems appropriate in its
sole discretion. You understand that We have the right at all times to disclose
any information (including the identity of the persons providing information or
materials on the Platform) as necessary to satisfy any law, regulation or valid
governmental request. This may include, without limitation, disclosure of the
information in connection with investigation of alleged illegal activity or
solicitation of illegal activity or in response to a lawful court order or
subpoena. In addition, We can (and You hereby expressly authorize Us to)
disclose any information about You to law enforcement or other government
officials, as we, in Our sole discretion, believe necessary or appropriate in
connection with the investigation and/or resolution of possible crimes,
especially those that may involve personal injury.
We
reserve the right, but has no obligation, to monitor the materials posted on
the Platform. Gift Cards 4Usshall have the right to remove or edit any content
that in its sole discretion violates, or is alleged to violate, any applicable
law or either the spirit or letter of these Terms of Use. Notwithstanding this
right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST
ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such
Content posted does not necessarily reflect Gift Cards 4Usviews. In no event
shall Gift Cards 4Usassume or have any responsibility or liability for any
Content posted or for any claims, damages or losses resulting from use of
Content and/or appearance of Content on the Platform. You hereby represent and
warrant that You have all necessary rights in and to all Content which You
provide and all information it contains and that such Content shall not
infringe any proprietary or other rights of third parties or contain any
libellous, tortious, or otherwise unlawful information.
1.
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Platform, including payment and
delivery of related products or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
You and such advertiser. We shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings or as the result
of the presence of such advertisers on the Platform.
2.
It is possible that other users (including unauthorized users or
"hackers") may post or transmit offensive or obscene materials on the
Platform and that You may be involuntarily exposed to such offensive and
obscene materials. It also is possible for others to obtain personal
information about You due to your use of the Platform, and that the recipient
may use such information to harass or injure You. We does not approve of such
unauthorized uses, but by using the Platform You acknowledge and agree that We
are not responsible for the use of any personal information that You publicly
disclose or share with others on the Platform. Please carefully select the type
of information that You publicly disclose or share with others on the Platform.
3.
Gift Cards 4Usshall have all the rights to take necessary action and claim
damages that may occur due to your involvement/participation in any way on your
own or through group/s of people, intentionally or unintentionally in DoS/DDoS
(Distributed Denial of Services).
4.
If you choose to browse or transact on the Platform using the voice
command-based shopsping
feature, you acknowledge that Gift Cards 4Usand/or its affiliates will collect,
store and use your voice inputs on this feature to customize your experience
and provide additional functionality as well as to improve Gift Cards 4Usand/or
its affiliates’ products and services. Gift Cards 4Usand/or its affiliates’ use
of your voice data will be in accordance with the Gift Cards 4UsPrivacy Policy.
You accept that your use of this feature is restricted to the territory of the
Republic of India. This feature may not be accessible on certain devices and
requires an internet connection. Gift Cards 4Usreserves the right to change,
enhance, suspend, or discontinue this feature, or any part of it, at any time
without notice to you. Your continued use of this feature constitutes your
acceptance of the terms related to this feature.
5.
You acknowledge and agree that the Hindi, Telugu, Tamil, Kannada and Marathi
translation features are made available on the Platform on a reasonable effort
basis for convenience only, without any representation or warranties by Gift
Cards 4Us, express or implied, including the translations being error free,
their accuracy, completeness or reliability. Under the translation feature, You
will have the option to adding delivery addresses in the language selected by
You out of the featured languages. Such delivery addresses shall be
transliterated in English language for processing, handling and fulfilling Your
orders on the Platform. Gift Cards 4Usexpressly disclaims any liability of any
nature whatsoever arising from or related to the said
translation/transliteration features on the Platform. Some features and
sections on the Platform may not be translated in the language selected by You
[Hindi, Telugu, Tamil, Kannada or Marathi language, as applicable], and the
English version of the same will be the definitive version. In the event of any
conflict or inconsistency between the translated terms and the English version
available on the Platform, the English version on the Platform shall prevail.
This feature may not be accessible on certain devices. Gift Cards 4Usreserves
the right to change, enhance, suspend, or discontinue this feature, or any part
of it, at any time without notice to You.
Contents
Posted on Platform
All
text, graphics, user interfaces, visual interfaces, photographs, trademarks,
logos, sounds, music and artwork (collectively, "Content"), is a
third party user generated content and Gift Cards 4Ushas no control over such
third party user generated content as Gift Cards 4Usis merely an intermediary
for the purposes of this Terms of Use.
Except
as expressly provided in these Terms of Use, no part of the Platform and no
Content may be copied, reproduced, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted or distributed in any way
(including "mirroring") to any other computer, server, Platform or
other medium for publication or distribution or for any commercial enterprise,
without Gift Cards 4Usexpress prior written consent.
You
may use information on the products and services purposely made available on
the Platform for downloading, provided that You (1) do not remove any
proprietary notice language in all copies of such documents, (2) use such
information only for your personal, non-commercial informational purpose and do
not copy or post such information on any networked computer or broadcast it in
any media, (3) make no modifications to any such information, and (4) do not
make any additional representations or warranties relating to such documents.
You
shall be responsible for any notes, messages, emails, reviews, ratings,
billboard postings, photos, drawings, profiles, opinions, ideas, images,
videos, audio files or other materials or information posted or transmitted to
the Platform (collectively, "Content"). Such Content will become Our
property and You grant Us the worldwide, perpetual and transferable rights in
such Content. We shall be entitled to, consistent with Our Privacy Policy as
adopted in accordance with applicable law, use the Content or any of its
elements for any type of use forever, including but not limited to promotional
and advertising purposes and in any media whether now known or hereafter
devised, including the creation of derivative works that may include the
Content You provide. You agree that any Content You post may be used by us,
consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned
herein, and You are not entitled to any payment or other compensation for such
use.
SOME
CONTENT OFFERED ON THE PLATFORM MAY NOT BE SUITABLE FOR SOME VIEWERS AND
THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE
PLATFORM MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR
LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR
CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE PLATFORM.
Privacy
We
view protection of Your privacy as a very important principle. We understand
clearly that You and Your Personal Information is one of Our most important
assets. We store and process Your Information including any sensitive financial
information collected (as defined under the Information Technology Act, 2000),
if any, on computers that may be protected by physical as well as reasonable
technological security measures and procedures in accordance with Information
Technology Act 2000 and Rules there under.Our current Privacy Policy is
available at Privacy. Our current Privacy Policy is available at Privacy. f You
object to Your Information being transferred or used in this way please do not
use Platform. If You object to Your Information being transferred or used in
this way please do not use Platform.
We
may share personal information with our other corporate entities and
affiliates. These entities and affiliatesmay market to you as a result of such
sharing unless you explicitly opt-out.
We
may disclose personal information to third parties. This disclosure may be
required for us to provide youaccess to our Services, to comply with our legal
obligations, to enforce our User Agreement, to facilitate our marketing and
advertising activities, or to prevent, detect, mitigate, and investigate
fraudulent or illegal activities related to our Services. We do not disclose
your personal information to third parties for their marketing and advertising
purposes without your explicit consent.
We
may disclose personal information if required to do so by law or in the good
faith belief that such disclosure is reasonably necessary to respond to
subpoenas, court orders, or other legal process. We may disclose personal
information to law enforcement offices, third party rights owners, or others in
the good faith belief that such disclosure is reasonably necessary to: enforce
our Terms or Privacy Policy; respond to claims that an advertisement, posting
or other content violates the rights of a third party; or protect the rights,
property or personal safety of our users or the general public.
We
and our affiliates will share / sell some or all of your personal information
with another business entity should we (or our assets) plan to merge with, or
be acquired by that business entity, or re-organization, amalgamation,
restructuring of business. Should such a transaction occur that other business
entity (or the new combined entity) will be required to follow this privacy
policy with respect to your personal information.
Disclaimer
of Warranties and Liability
This
Platform, all the materials and products (including but not limited to
software) and services, included on or otherwise made available to You through
this site are provided on "as is" and "as available" basis
without any representation or warranties, express or implied except otherwise
specified in writing. Without prejudice to the forgoing paragraph, Gift Cards
4Usdoes not warrant that:
This
Platform will be constantly available, or available at all; or
The
information on this Platform is complete, true, accurate or non-misleading.
v
will not be liable to You in any way or in relation to the Contents of, or use
of, or otherwise in connection with, the Platform. Gift Cards 4Usdoes not
warrant that this site; information, Content, materials, product (including
software) or services included on or otherwise made available to You through
the Platform; their servers; or electronic communication sent from Us are free
of viruses or other harmful components.
Nothing
on Platform constitutes, or is meant to constitute, advice of any kind. All the
Products sold on Platform are governed by different state laws and if Seller is
unable to deliver such Products due to implications of different state laws,
Seller will return or will give credit for the amount (if any) received in
advance by Seller from the sale of such Product that could not be delivered to
You.
You
will be required to enter a valid phone number while placing an order on the
Platform. By registering Your phone number with us, You consent to be contacted
by Us via phone calls, SMS notifications, mobile applications and/or any other
electronic mode of communication in case of any order or shipment or delivery related
updates. We will not use your personal information to initiate any promotional
phone calls or SMS.
Selling
As
a registered seller, you are allowed to list item(s) for sale on the Platform
in accordance with the Policies which are incorporated by way of reference in
this Terms of Use. You must be legally able to sell the item(s) you list for
sale on our Platform. You must ensure that the listed items do not infringe
upon the intellectual property, trade secret or other proprietary rights or
rights of publicity or privacy rights of third parties. Listings may only
include text descriptions, graphics and pictures that describe your item for
sale. All listed items must be listed in an appropriate category on the
Platform. All listed items must be kept in stock for successful fulfilment of
sales.
The
listing description of the item must not be misleading and must describe actual
condition of the product. If the item description does not match the actual
condition of the item, you agree to refund any amounts that you may have
received from the Buyer. You agree not to list a single product in multiple
quantities across various categories on the Platform. Gift Cards 4Usreserves
the right to delete such multiple listings of the same product listed by you in
various categories.
Services
Payment
While
availing any of the payment method/s available on the Platform, we will not be
responsible or assume any liability, whatsoever in respect of any loss or
damage arising directly or indirectly to You due to:
1.
Lack of authorization for any transaction/s, or
2.
Exceeding the preset limit mutually agreed by You and between
"Bank/s", or
3.
Any payment issues arising out of the transaction, or
4.
Decline of transaction for any other reason/s
All
payments made against the purchases/services on Platform by you shall be
compulsorily in Indian Rupees acceptable in the Republic of India. Platform
will not facilitate transaction with respect to any other form of currency with
respect to the purchases made on Platform.
Before
shipping / delivering your order to you, Seller may request you to provide
supporting documents (including but not limited to Govt. issued ID and address
proof) to establish the ownership of the payment instrument used by you for
your purchase. This is done in the interest of providing a safe online
shopsping environment to Our Users.
Further:
1.
Transactions, Transaction Price and all commercial terms such as Delivery,
Dispatch of products and/or services are as per principal to principal
bipartite contractual obligations between Buyer and Seller and payment facility
is merely used by the Buyer and Seller to facilitate the completion of the
Transaction. Use of the payment facility shall not render Gift Cards 4Usliable
or responsible for the non-delivery, non-receipt, non-payment, damage, breach
of representations and warranties, non-provision of after sales or warranty
services or fraud as regards the products and /or services listed on Gift Cards
4Us Platform.
2.
You have specifically authorized Gift Cards 4Usor its service providers to
collect, process, facilitate and remit payments and / or the Transaction Price
electronically or through Cash on Delivery to and from other Users in respect
of transactions through Payment Facility. Your relationship with Gift Cards 4Usis
on a principal to principal basis and by accepting these Terms of Use you agree
that Gift Cards 4Usis an independent contractor for all purposes, and does not
have control of or liability for the products or services that are listed on Gift
Cards 4UsPlatform that are paid for by using the Payment Facility. Gift Cards
4Usdoes not guarantee the identity of any User nor does it ensure that a Buyer
or a Seller will complete a transaction.
3.
You understand, accept and agree that the payment facility provided by Gift
Cards 4Us is neither a banking nor financial service but is merely a facilitator
providing an electronic, automated online electronic payment, receiving payment
through Cash On Delivery, collection and remittance facility for the
Transactions on the Gift Cards 4UsPlatform using the existing authorized
banking infrastructure and Credit Card payment gateway networks. Further, by
providing Payment Facility, Gift Cards 4Usis neither acting as trustees nor
acting in a fiduciary capacity with respect to the Transaction or the
Transaction Price.
Payment
Facility for Buyers:
1.
You, as a Buyer, understand that upon initiating a Transaction You are entering
into a legally binding and enforceable contract with the Seller to purchase the
products and /or services from the Seller using the Payment Facility, and You
shall pay the Transaction Price through Your Issuing Bank to the Seller using
Payment Facility.
2.
You, as a Buyer, may agree with the Seller through electronic communication and
electronic records and using the automated features as may be provided by
Payment Facility on any extension / increase in the Dispatch and/or Delivery
time and the Transaction shall stand amended to such extent. Any such extension
/ increase of Dispatch / Delivery time or subsequent novation / variation of
the Transaction should be in compliance with Payment Facility Rules and
Policies.
3.
You, as a Buyer, shall electronically notify Payment Facility using the
appropriate Gift Cards 4UsPlatform features immediately upon Delivery or non
Delivery within the time period as provided in Policies. Non notification by
You of Delivery or non Delivery within the time period specified in the
Policies shall be construed as a deemed Delivery in respect of that
Transaction. In case of Cash On Delivery transactions, Buyer is not required to
confirm the receipt of products or services.
4.
You, as a Buyer, shall be entitled to claim a refund of the Transaction Price
(as Your sole and exclusive remedy) in case You do not receive the Delivery
within the time period agreed in the Transaction or within the time period as
provided in the Policies, whichever is earlier. In case you do not raise a
refund claim using Platform features within the stipulated time than this would
make You ineligible for a refund.
5.
You, as a Buyer, understand that the Payment Facility may not be available in
full or in part for certain category of products and/or services and/or
Transactions as mentioned in the Policies and hence You may not be entitled to
a refund in respect of the Transactions for those products and /or services
6.
Except for Cash On Delivery transaction, refund, if any, shall be made at the
same Issuing Bank from where Transaction Price was received, or through any
other method available on the Platform, as chosen by You.
7.
For Cash On Delivery transactions, refunds, if any, will be made via electronic
payment transfers.
8.
Refund shall be made in Indian Rupees only and shall be equivalent to the
Transaction Price received in Indian Rupees.
9.
For electronics payments, refund shall be made through payment facility using
NEFT / RTGS or any other online banking / electronic funds transfer system
approved by Reserve Bank India (RBI).
10.
Refunds may be supported for select banks. Where a bank is not supported for
processing refunds, You will be required to share alternate bank account details
with us for processing the refund.
11.
Refund shall be conditional and shall be with recourse available to Gift Cards
4Usin case of any misuse by Buyer.
12.
We may also request you for additional documents for verification.
13.
Refund shall be subject to Buyer complying with Policies.
14.
Gift Cards 4Usreserves the right to impose limits on the number of Transactions
or Transaction Price which Gift Cards 4Usmay receive from on an individual
Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other
infrastructure or any other financial instrument directly or indirectly through
payment aggregator or through any such facility authorized by Reserve Bank of
India to provide enabling support facility for collection and remittance of
payment or by an individual Buyer during any time period, and reserves the
right to refuse to process Transactions exceeding such limit.
15.
Gift Cards 4Usreserves the right to refuse to process Transactions by Buyers
with a prior history of questionable charges including without limitation
breach of any agreements by Buyer with Gift Cards 4Usor breach/violation of any
law or any charges imposed by Issuing Bank or breach of any policy.
16.
Gift Cards 4Usmay do such checks as it deems fit before approving the receipt
of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction
Price from the Buyer for security or other reasons at the discretion of Gift
Cards 4Us. As a result of such check if Gift Cards 4Usis not satisfied with the
creditability of the Buyer or genuineness of the Transaction or other reasons
at its sole discretion, Gift Cards 4Usshall have the right to reject the
receipt of / Buyers commitment to pay Transaction Price. For avoidance of
doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment,
may be disabled for certain account users, at the sole discretion of Gift Cards
4Us.
17.
Gift Cards 4Usmay delay notifying the payment confirmation i.e. informing
Seller to Dispatch, if Gift Cards 4Usdeems suspicious or for Buyers conducting
high transaction volumes to ensure safety of the Transaction and Transaction
Price. In addition, Gift Cards 4Usmay hold Transaction Price and Gift Cards 4Usmay
not inform Seller to Dispatch or remit Transaction Price to law enforcement
officials (instead of refunding the same to Buyer) at the request of law
enforcement officials or in the event the Buyer is engaged in any form of
illegal activity.
18.
The Buyer and Seller acknowledge that Gift Cards 4Uswill not be liable for any
damages, interests or claims etc. resulting from not processing a
Transaction/Transaction Price or any delay in processing a
Transaction/Transaction Price which is beyond control of Gift Cards 4Us.
Compliance
with Laws:
1.
As required by applicable law, if the Customer makes a purchase of an amount
equal to or above INR 2 00 000.00, the Customer will be required to upload a
scanned copy of his/her PAN card on the Platform, within 4 days of making the
purchase, failing which, the purchase made by the Customer will be cancelled. The
requirement to submit the PAN card arises only once and if it has been
submitted once by the Customer, it need not be submitted again. The order of
the Customer shall stand cancelled if there is a discrepancy between the name
of the Customer and the name on the PAN Card.
2.
Buyer and Seller shall comply with all the applicable laws (including without
limitation Foreign Exchange Management Act, 1999 and the rules made and
notifications issued there under and the Exchange Control Manual as may be
issued by Reserve Bank of India from time to time, Customs Act, Information and
Technology Act, 2000 as amended by the Information Technology (Amendment) Act
2008, Prevention of Money Laundering Act, 2002 and the rules made there under,
Foreign Contribution Regulation Act, 1976 and the rules made there under,
Income Tax Act, 1961 and the rules made there under, Export Import Policy of
government of India) applicable to them respectively for using Payment Facility
and Gift Cards 4UsPlatform.
Buyer's
arrangement with Issuing Bank:
1.
All Valid Credit / Debit/ Cash Card/ and other payment instruments are
processed using a Credit Card payment gateway or appropriate payment system
infrastructure and the same will also be governed by the terms and conditions
agreed to between the Buyer and the respective Issuing Bank and payment
instrument issuing company.
2.
All Online Bank Transfers from Valid Bank Accounts are processed using the
gateway provided by the respective Issuing Bank which support Payment Facility
to provide these services to the Users. All such Online Bank Transfers on
Payment Facility are also governed by the terms and conditions agreed to
between Buyer and the respective Issuing Bank.
Gift
Cards 4UsReplacement Guarantee*
Gift
Cards 4UsReplacement Guarantee seeks to assist Buyers who have been defrauded
by qualified sellers on the Platform. The return policy period (Gift Cards 4Us
Replacement Guarantee) depends on the product category and the seller. Kindly
click here to know the return policy period applicable for different
categories. If at the time of delivery and/or within the applicable return
policy period, if any defect is found, then the buyer of the product/s can ask
for replacement of the product/s from the seller subject to the following terms
and conditions
1.
Notify seller of any defects in the product/s at the time of delivery of the
product/s and/or within the applicable return policy period and the same
product/s will be replaced in return of the defective product/s.
2.
Replacement can be for the entire product/s or part/s of the product subject to
availability of the same with the seller.
Following
products shall not be eligible for return or replacement:
a.
Damages due to misuse of product;
b.
Incidental damage due to malfunctioning of product;
c.
Any consumable item which has been used/installed;
d.
Products with tampered or missing serial/UPC numbers;
e.
Digital products/services (Flyte music downloads)
f.
Any damage/defect which are not covered under the manufacturer's warranty
g.
Any product that is returned without all original packaging and accessories,
including the box, manufacturer's packaging if any, and all other items
originally included with the product/s delivered;
h.
Jewellery which is 'made to order' on customer's request
On
Clothing and Footwear, qualified sellers accept 30 day exchange subject to the
following conditions:
Clothes
and footwear are not used (other than for trial), altered, washed, soiled or
damaged in any way.
Original
tags and packaging should be intact. For items that come in branded packaging,
the box should be undamaged.
Returns
are not applicable for 'Made to order' jewellery, Innerwear, lingerie, socks,
clothing freebies, etc.
Damaged
or defective or 'Not as described' products in Lifestyle category (includes
clothing, footwear, etc.) are meanwhile covered by the 30 Day Replacement
Guarantee. Kindly click here to know the return policy period (Replacement
Guarantee) applicable for different categories.
If
Gift Cards 4Ushas any suspicion or knowledge that any of its buyers and sellers
are involved in any activity that is intended to provide claims or information
that is false or not genuine, Gift Cards 4Usmay also, while reserving its
rights to initiate civil and/or criminal proceedings against such member buyers
and sellers, at its sole discretion, suspend, block, restrict, cancel the
Display Name of such buyers and sellers and/or disqualify that user and any
related users from availing protection through this program. Customers who have
been blocked for any suspicious or fraudulent activity on Gift Cards 4Uswill
not be allowed to return their products.
Gift
Cards 4Usreserves its right to initiate civil and/or criminal proceedings
against a user who, files a invalid and/or false claims or provides false,
incomplete, or misleading information. In addition to the legal proceedings as
aforesaid, Gift Cards 4Usmay at its sole discretion suspend, block, restrict,
cancel the Display Name [and its related Display Names] of such user and/or
disqualify that user and any related users from availing protection through
this program. Any person who, knowingly and with intent to injure, defraud or
deceive, files a Fraudulent Complaint containing false, incomplete, or
misleading information may be guilty of a criminal offence and will be
prosecuted to the fullest extent of the law.
Exchange
Offers:
By
participating in the exchange I confirm that I am the sole and absolute owner
and/or user of the product mentioned above (device).
I
confirm that device which I am exchanging under the buyback program is genuine
and is not counterfeit, free from any and all encumbrances, liens, attachments,
disputes, legal flaws, exchange or any Agreement of Sale etc. and I have got
the clear ownership of the said device.
You
agree to indemnity and keep indemnifying Gift Cards 4Us.in and any future buyer
of the device against all or any third party claims, demand, cost, expenses
including attorney fees which may be suffered, incurred, undergone and / or
sustained by Gift Cards 4Us.in, its affiliates or any future buyer due to usage
of the device by you till date and you undertake to make good the same.
I
confirm that all the data in the said device will be erased before handing it
over under buy back program. I also confirm that in spite of erasing the data
manually/electronically, if any data still accessible due any technical reason,
Gift Cards 4Us.in, Seller or the Manufacturer shall not be responsible for the
same and I will not approach Gift Cards 4Us.in for any retrieval of the data.
I
hereby give my consent that my personal information that I have provided in
connection with this buyback program might be processed, transferred and
retained by the retailer and other entities involved in managing the program
for the purposes of validating the information that I provided herein and for
the administration of the program.
I
agree to indemnity and keep indemnifying the Gift Cards 4Us.in and any future
buyer of the old device against all or any third party claims, demand, cost,
expenses including attorney fees which may be suffered, incurred, undergone and
/ or sustained by Gift Cards 4Us.in, its affiliates or any future buyer due to
usage of the device by me till date and I undertake to make good the same.
I
understand once a device is sent by me to Gift Cards 4Us, in no scenario can
this device be returned back to me.
I
understand that the new device delivery and the old device pickup will happen
simultaneously (hand in hand) and I shall keep the old device ready to be given
for exchange.
Products
distributed as gifts from state sponsored or NGO funded distribution programs
are not accepted for exchange under exchange offers.
Digital
Content: Music
Music
(MP3 format): Only certain short listed Seller (at the sole discretion of Gift
Cards 4Us) shall be entitled to sell Music (MP3 format) on the Platform. You
may be able to purchase DRM-free digital music in MP3 file format on the
Platform from the respective Sellers. Such MP3 music files shall be provided to
You as per selection provided by Seller, subject to certain limitations as
described by the Seller. You shall be granted specified download rights of
DRM-free MP3 music files from the catalogue of MP3 music displayed on the
Platform. The MP3 music may include full-length MP3 audio tracks at best
available bit rate and certain other premium features, as may be provided on
the Platform by respective Sellers from time to time.
Territory:
Currently You can purchase downloadable digital MP3 music only through the
Platform and Flyte Music Application as may be made available from time to time
on the Platform, only within the territory of India.
Rights
Granted: Music download right is a non-exclusive, non-transferable right to use
for your personal, non-commercial, entertainment use, subject to and in
accordance with the Terms of Use. You may copy, store, transfer and burn the MP3
music file only for your personal, non-commercial, entertainment use, subject
to and in accordance with the Terms of Use. You represent, warrant and agree
that You will use the MP3 music file only for your personal, non-commercial,
entertainment use and not for any redistribution of the same or other use
restricted in this Section. You agree not to infringe the rights of the
copyright owners and to comply with all applicable laws in your use of the MP3
music file. You agree that You will not redistribute, transmit, assign, sell,
broadcast, rent, share, lend, modify, adapt, edit, license or otherwise
transfer or use MP3 music file. You are not granted any synchronization, public
performance, promotional use, commercial sale, resale, reproduction or distribution
rights for MP3 music file. You acknowledge that the MP3 music file embodies the
intellectual property of a third party and is protected by law.
Explicit
Consent: You agree that we shall have no liability to You for MP3 music file
downloaded by You on the Platform if You find the same to be offensive,
indecent or objectionable and expressions through the audio files are not
subscribed by us.
Cash
on Delivery as a mode of payment is not available for purchasing MP3 music on
the Platform currently.
All
Sales Final; Downloading and Risk of Loss; Availability of MP3 music files: All
sales of MP3 music files are final. Returns of MP3 music files are not
permissible on Platform. Once You have purchased MP3 music files, Gift Cards 4Usencourages
You to download it promptly. If You are unable to complete a download, please
contact customer service within 6 hours of the payment.
Further
Gift Cards 4Usassumes no liability if your media player does not support the
file format made available by the Seller on the Platform or your browser does
not support the music download application / software available by the Seller
on the Platform, by whatever name called.
You
bear all risk of loss after purchase and for any loss of MP3 music files You
have downloaded, including any loss due to a computer or hard drive crash.
Seller
may, from time to time, at its sole discretion, remove MP3 music files from the
Service without notice.
Intellectual
Property Rights: It is hereby specifically recorded that the copyright and
other Intellectual Property in the music available on the Platform is the sole
and exclusive property of third parties. Seller represents and warrants that
Sellers are authorized by such third parties to upload the music on the
Platform for license of use to the end customers. Intellectual Property Rights
for the purpose of this Terms of Use shall always mean and include copyrights
whether registered or not, patents including rights of filing patents,
trademarks, trade names, trade dresses, house marks, collective marks,
associate marks and the right to register them, designs both industrial and
layout, geographical indicators, moral rights, broadcasting rights, displaying
rights, distribution rights, selling rights, abridged rights, translating
rights, reproducing rights, performing rights, communicating rights, adapting
rights, circulating rights, protected rights, joint rights, reciprocating
rights, infringement rights. All those Intellectual Property rights arising as
a result of domain names, internet or any other right available under
applicable law shall vest in the domain of Gift Cards 4Usas the owner of such
domain name. The Parties hereto agree and confirm that no part of any
Intellectual Property rights mentioned hereinabove is transferred in the name
of User and any intellectual property rights arising as a result of these
presents shall also be in the absolute ownership, possession and Our control or
control of its licensors, as the case may be.
Your
request to download a MP3 music file is personal to You, and the track may not
be used, sold, rented, transferred, licensed or otherwise provided to any other
User. The license to downloaded tracks includes only those rights explicitly
stated herein (typically, the right to play back for your own personal use from
your personal computer, CD player, digital player, or other personal consumer
electronic device), and, for the avoidance of doubt, does not include the right
to create a derivative work, to make copies other than for your own personal
use, or to use the track in any commercial manner. You shall promptly notify Us
in writing upon your discovery of any unauthorized use or infringement.
Software:
Seller may make available to You, from time to time, software for Your use in
connection with the download of MP3 music files (any and all such software,
individually and collectively, the "Software").
You
may use the Software only in connection with the download of MP3 music files on
the Platform. You may not separate any individual component of the Software for
use other than in connection to the download, may not incorporate any portion
of it into Your own programs or compile any portion of it in combination with
your own programs, may not transfer it for use with another service, or use it,
or any portion of it, over a network and may not sell, rent, lease, lend, loan,
distribute or sub-license the Software or otherwise assign any rights to the
Software in whole or in part. Seller may discontinue some or all of any
Software Seller provide, and Seller may terminate your right to use any
Software at any time and in such event may modify it to make it inoperable.
Without
limiting the Disclaimer of Warranties and Limitation of Liability in this terms
of use, (i) in no event shall Our or software licensors' total liability to You
for all damages arising out of or related to your use or inability to use the
Software and / or download manager or any other application exceed the amount
of ₹20; and (ii) in no event shall Our or Our Digital Content providers'
total liability to You for all damages arising from your use of the Service,
the Digital Content, or information, materials or products included on or
otherwise made available to You through the Service (excluding the Software),
exceed the amount You paid to purchase, on the Service, the Digital Content
related to Your claim for damages.
Digital
Content: eBooks
ebook
(ePub format): You will be able to purchase DRM-encrypted eBooks in ePub file
format on the Gift Cards 4UsPlatform and the Flyte eBooks application. Such
ePub files shall be provided to you as per your selection, subject to certain
limitations as described herein. You shall be granted specified download rights
of DRM-encrypted ePub files from the catalog of eBooks displayed on the
Platform.
Download
rights: You will need to be registered with Gift Cards 4Usto make an ebook
purchase. The eBooks which you purchase from the Gift Cards 4UsPlatform or
Flyte eBooks application shall be added in your Gift Cards 4Us eBooks library
from where you can download the eBooks onto your device(/s). Each downloaded
ebook is locked to the User account and the downloader device. These downloaded
eBooks cannot be transferred onto other devices. Each device used by you will
have to be synced with your online eBooks library. You can sync a maximum of
six(6) devices against your user account. You can download the eBooks to your
mobile or tablet devices for offline reading and can read the eBooks using the
Flyte eBooks Application only.
Flyte
eBooks application: Flyte eBooks application will enable you to read the
digital books purchased from the Flyte eBooks store, on your mobile or tablet
devices. The app also has an in-app Flyte eBooks store where the user can
quickly purchase eBooks. The Flyte eBooks app will be available in the Android
platform. The Android app will be compatible with both mobiles and tablet
devices. You can download the Flyte eBooks android app for free from the Gift
Cards 4UsPlatform and also Google Play.
Territory:
Currently you can purchase downloadable eBooks only through the Platform and
Flyte eBooks Application as may be made available from time to time on the
Platform, only within the territory of India. You have to be within the Indian
Territory to even download the already purchased files from your Gift Cards 4UseBooks
library.
DRM
Specifications: The DRM (Digital Rights Management) enables us to restrict
certain permissions. The Flyte DRM specifications restrict the following
permissions:
|
DEFAULT RESTRICTIONS |
GIFT CARDS 4USSETTINGS |
|
Printing |
Not Allowed |
|
Copying |
Not Allowed |
|
Side-Loading (from
one device to other) |
Not Allowed |
|
e-mailing |
Not Allowed |
|
Saving Images |
Not Allowed |
|
Read out aloud |
Not Allowed |
|
Number of distinct
devices for file downloading |
Allowed (Six) |
|
Social media sharing |
140 word |
Rights
Granted: Upon your payment of our fees for ebook, we grant you a non-exclusive,
non-transferable right to use the downloaded ebook for your personal,
non-commercial, entertainment use, subject to and in accordance with the Terms
of Use. You may store the ebook only for your personal, non-commercial,
entertainment use, subject to and in accordance with the Terms of Use.
You
represent, warrant and agree that you will use the ebook only for your
personal, non-commercial, entertainment use and not for any redistribution of
the same or other use restricted in this Section. You agree not to infringe the
rights of the copyright owners and to comply with all applicable laws in your
use of the ebook. You agree that you will not redistribute, transmit, assign, sell,
broadcast, rent, share, lend, modify, adapt, edit, license or otherwise
transfer or use ebook.
You
are not granted any synchronization, public performance, promotional use,
commercial sale, resale, reproduction or distribution rights for ebook. You acknowledge
that the ebook embodies the intellectual property of a third party and is
protected by law.
Explicit
Consent: You agree that we shall have no liability to you for ebook downloaded
by You on the Platform or Flyte Apps if you find the same to be offensive,
indecent or objectionable.
Payment:
The Price List for each downloadable ebook displayed on the Platform represents
the full retail price (inclusive of all taxes unless specified otherwise) for
said downloadable ebook. You shall pay for such downloadable ebook using one of
the payment options available on the Platform.
The
Price List mentions the prices of each downloadable ebook and the User shall
pay in Indian Currency (i.e. Indian Rupee). We reserve our right to change the
prices of the ebook and services and the availability of the same at our sole
discretion.
Gift
Cards 4Uswill allow the user to buy ebook using the following forms of
payments.
-->
Credit Cards
-->
Internet Banking
-->
Debit Cards
-->Gift
Cards 4UsWallet
-->any
other mode of payment, as may be decided and made available on the Platform.
Please
note that payment can be made only in India Rupees and all the above payment
instruments must have been issued by entities operating in India and subject to
Indian regulations.
Cash
on Delivery as a mode of payment is not available for purchasing ebook on the
Platform currently.
Payment
made by credit card or any other mode as mentioned above should be received by
us on time. If for any reason we do not receive payment from the credit card
issuer or any agent involved in any of the above payment modes, You agree that
you shall pay all amounts due upon demand by us.
All
Sales Final; Downloading and Risk of Loss; Availability of eBooks. All sales of
eBooks are final. We do not accept returns of eBooks. Once you have purchased
eBooks, we encourage you to download it promptly. If you are unable to complete
a download, please contact customer service within 30 days of the payment. The
ebook will be removed from your library and the amount that was charged during
the payment will be refunded in the form of store credit. The eBooks will also
be replaced in cases of genuine technical errors as mentioned in the
replacement policy.
You
bear all risk of loss after purchase and for any loss of eBooks you have
downloaded, including any loss due to a computer or hard drive crash. We may,
from time to time, at our sole discretion remove eBooks from the Service
without notice.
Intellectual
Property Rights: It is hereby specifically recorded that the copyright and
other Intellectual Property in the ebook available on the Platform is the sole
and exclusive property of third parties. We are authorised by such third
parties to upload the ebook on the Platform for license of use to the end
customers. Intellectual Property Rights for the purpose of this Agreement shall
always mean and include copyrights whether registered or not, patents including
rights of filing patents, trademarks, trade names, trade dresses, house marks,
collective marks, associate marks and the right to register them, designs both
industrial and layout, geographical indicators, moral rights, broadcasting
rights, displaying rights, distribution rights, selling rights, abridged
rights, translating rights, reproducing rights, performing rights,
communicating rights, adapting rights, circulating rights, protected rights,
joint rights, reciprocating rights, infringement rights. All those Intellectual
Property rights arising as a result of domain names, internet or any other
right available under applicable law shall vest in the domain of Gift Cards 4UsInternet
Private Limited as the owner of such domain name. The Parties hereto agree and
confirm that no part of any Intellectual Property rights mentioned hereinabove
is transferred in the name of User and any intellectual property rights arising
as a result of these presents shall also be in the absolute ownership,
possession and our control or control of its licensors, as the case may be.
Your
request to download an ebook is personal to you, and the ebook may not be used,
sold, rented, transferred, licensed or otherwise provided to any other user.
The license to downloaded eBooks includes only those rights explicitly stated
herein (typically, the right to read the ebook in Flyte eBooks Application),
and, for the avoidance of doubt, does not include the right to create a
derivative work, to make copies, or to use the ebook in any commercial manner.
You shall promptly notify us in writing upon your discovery of any unauthorized
use or infringement.
Software:
We may make available to you, from time to time, software or updates for your
use in connection with the download of eBooks (any and all such software,
individually and collectively, the "Software").
You
may use the Software only in connection with the download of eBooks on the
Platform. You may not separate any individual component of the Software for use
other than in connection to the download, may not incorporate any portion of it
into Your own programs or compile any portion of it in combination with your
own programs, may not transfer it for use with another service, or use it, or
any portion of it, over a network and may not sell, rent, lease, lend, loan,
distribute or sub-license the Software or otherwise assign any rights to the
Software in whole or in part. We may discontinue some or all of any Software we
provide, and we may terminate your right to use any Software at any time and in
such event may modify it to make it inoperable.
Without
limiting the Disclaimer of Warranties and Limitation of Liability in this terms
of use, in no event shall our or our and/or our Digital Content providers'
total liability to You for all damages arising from your use of the Service,
the Digital Content, or information, materials or products included on or otherwise
made available to You through the Service (excluding the Software), exceed the
amount You paid to purchase, on the Service, the Digital Content related to
Your claim for damages.
Digital
Content: Gift Cards 4UsIdeas
1.
These Terms of Service (“Terms”) govern your access to and use of Gift Cards 4UsIdeas
(hereinafter referred to as “Content”). By viewing the Contents you agree to be
bound by these Terms. Content posted on the Platform is public and can be
viewed by everyone who can see the Page.
2.
Gift Cards 4Usis hosting the Content generated by third party users (“Content
Owner”), within the FK Platform for convenience of Platform Users, and as such,
Gift Cards 4Ushas no ownership or control whatsoever in the Contents displayed.
The Contents posted by the Content Owners are of personal views wherein Gift
Cards 4Usplays no role in creating/developing the Content. You are responsible
for your use of the Platform for viewing the Content.
3.
By hosting the Content on the Platform, Gift Cards 4Usis neither guaranteeing
nor giving any warranty nor making any representation with respect to the
Contents. Gift Cards 4Usis neither endorsing the views, products or the
Services, nor is it responsible for quality or features of the content
displayed on the Platform.
4.
Any information on the Platform, whether the content or any other information,
have not been verified by Gift Cards 4Us, therefore, Gift Cards 4Usshall not be
responsible for any such content or information. Gift Cards 4Uswill not bear
any obligation or liability if You rely on the Contents.
5.
If You choose to view or rely, Gift Cards 4Uswill neither be a party to nor in
any manner concerned with the same nor be liable or responsible for any act or
omission of the Content Owner.
6.
You hereby acknowledge that the Contents are created and owned by Content
Owners who own all the rights including the copyrights in the contents. The
Contents are available on the Platform for personal use only and you shall not
use it for any commercial, promotional, resale or further distribution
purposes.
7.
Any use or reliance on any Content or materials obtained by you through the
Content is at your own risk. We do not endorse, support, represent or guarantee
the completeness, truthfulness, accuracy, or reliability of any Content or
communications posted on the Platform or endorse any opinions expressed via the
contents. You understand that by using the Platform, you may be exposed to
Content that might be offensive, harmful, inaccurate or otherwise
inappropriate, or in some cases, postings that have been mislabeled or are
otherwise deceptive. All Content is the sole responsibility of the person who
originated such Content. Gift Cards 4Usmay not monitor or control the Content
posted on the Platform and, we do not take responsibility for such Content.
8.
We reserve the right to remove Content that violates the Terms of Use,
including for example, copyright or trademark violations, impersonation,
unlawful conduct, or harassment.
9.
If you see an offensive, abusive, or any unlawful content on the Platform, you
can report it to ideas-support@Gift Cards 4Us.in
10.
You may find content that offends you or that you simply don’t like, but that
doesn’t violate the content guidelines. If that happens, you can unfollow the
user who posted it or hide the post
11.
Your access to and use of the Services or any Content are at your own risk. You
understand and agree that the Services are provided to you on an “AS IS” and
“AS AVAILABLE” basis. Gift Cards 4Usmakes no warranty or representation and
disclaim all responsibility and liability for: (i) the completeness, accuracy,
availability, timeliness, security or reliability of any Content; (ii) any harm
to your computer system, loss of data, or other harm that results from your
access to or use of any Content; (iii) the deletion of, or the failure to store
or to transmit, any Content and other communications maintained by the
Services; and (iv) whether the Services will meet your requirements or be
available on an uninterrupted, secure, or error-free basis. No advice or
information, whether oral or written, obtained through the Content, will create
any warranty or representation not expressly made herein.
12.
By using the Services you agree that Gift Cards 4Us, its parents, affiliates,
related companies, officers, directors, employees, agents representatives,
partners and licensors, liability is limited to the maximum extent permissible
by Law.
13.
We may revise these Terms from time to time.
Digital
Content: Gift Cards 4UsVideo
1.
These Terms of Service (“Terms”) govern your access to and use of Gift Cards 4UsVideo
(hereinafter referred to as “Content”). By viewing the Contents you agree to be
bound by these Terms. Content posted on the Platform is public and can be
viewed by everyone who can see the Page.
2.
The Content is being hosted on Gift Cards 4Usmobile App only (“Platform”), that
is owned and operated by Gift Cards 4UsInternet Private Limited (“Gift Cards 4Us”,
“We” or “Our”).
3.
Use of Gift Cards 4UsServices is available only to persons who can form a
legally binding contract under the Indian Contract Act, 1872.You must be 18
years of age, to avail the Services. Minors may only use the service under the
supervision of an adult.
4.
Gift Cards 4Usis hosting the Content generated by third parties (“Platform
Partners/Content Owners”) as well as Gift Cards 4Us(“Gift Cards 4UsOriginal”)
(collectively referred as “Content”) , within the FK Platform for convenience
of Platform Users free of cost that will allow you to access the digital
Content.. As such, Gift Cards 4Ushas no ownership or control whatsoever in the
Contents displayed which are third party generated. The Contents posted (other
than Gift Cards 4UsOriginals) are third party generated contents wherein Gift
Cards 4Usplays no role in creating/developing the Content. You are responsible
for your use of the Platform for viewing the Content.
5.
By hosting the Content on the Platform, Gift Cards 4Usis neither guaranteeing
nor giving any warranty nor making any representation with respect to the
Contents. Gift Cards 4Usis neither endorsing the views, products or the
Services, nor is it responsible for quality or features of the content
displayed on the Platform.
6.
Any information on the Platform, whether the content or any other information
(other than Gift Cards 4UsOriginal), have not been verified by Gift Cards 4Us,
therefore, Gift Cards 4Usshall not be responsible for any such content or
information. Gift Cards 4Uswill not bear any obligation or liability if You
rely on the Contents.
7.
If You choose to view or rely, Gift Cards 4Uswill neither be a party to nor in
any manner concerned with the same nor be liable or responsible for any act or
omission of the Content Owner.
8.
You hereby acknowledge that the Contents are created and owned by Content
Owners who own all the rights including the copyrights in the contents. The
Contents are available on the Platform for personal and non-commercial use only
and you shall not use it for any commercial, promotional, resale, further
distribution or any other unauthorized purposes. You agree not to use the
service for public performances.
9.
You further acknowledge that all the intellectual property rights contained in Gift
Cards 4UsOriginal contents are solely owned by Gift Cards 4Us. During your Gift
Cards 4Usmembership we grant you a limited, non-exclusive, non-transferable,
revocable right to access the Gift Cards 4UsVideo service and view the Content.
Except for the foregoing, no right, title or interest shall be transferred to
you.
10.
We can terminate your account or place your account on hold in order to protect
our/Partners interest from an actual, probable or suspected theft or other
fraudulent activity.
11.
Any use or reliance on any Content or materials obtained by you through the
Content is at your own risk. We do not endorse, support, represent or guarantee
the completeness, truthfulness, accuracy, or reliability of any Content or
communications posted on the Platform or endorse any opinions expressed via the
contents. You understand that by using the Platform, you may be exposed to
Content that might be offensive, harmful, inaccurate or otherwise
inappropriate, or in some cases, postings that have been mislabeled or are
otherwise deceptive. All Content is the sole responsibility of the Content
Owners who originated such Content. Gift Cards 4Usmay not monitor or control
the Content posted on the Platform and, we do not take responsibility for such
Content.
12.
We reserve the right to remove Content that violates the Terms of Use,
including for example, copyright or trademark violations, impersonation,
unlawful conduct, or harassment.
13.
We may use information such as device ID, location or an account email address
used with an existing Gift Cards 4Usaccount to determine eligibility and any
offers therof.
14.
We may share personal information with our other corporate entities and
Platform Partners only for the purposes of giving enhanced customer services.
You hereby consent to sharing your information with Third parties unless you
specifically opt out. Also, your access to the Services may also be
occasionally suspended or restricted to allow for repairs, maintenance, or the
introduction of new facilities or services at any time without prior notice. We
will attempt to limit the frequency and duration of any such suspension or
restriction.
15.
If you see an offensive, abusive, or any unlawful content on the Platform, you
can report it to customer care of Gift Cards 4Us.
16.
Your access to and use of the Services or any Content are at your own risk. You
understand and agree that the Services are provided to you on an “AS IS” and
“AS AVAILABLE” basis. Gift Cards 4Usmakes no warranty or representation and
disclaim all responsibility and liability for: (i) the completeness, accuracy,
availability, timeliness, security or reliability of any Content; (ii) any harm
to your computer system, loss of data, or other harm that results from your
access to or use of any Content; (iii) the deletion of, or the failure to store
or to transmit, any Content and other communications maintained by the
Services; and (iv) whether the Services will meet your requirements or be
available on an uninterrupted, secure, or error-free basis. No advice or
information, whether oral or written, obtained through the Content, will create
any warranty or representation not expressly made herein.
17.
By using the Services you agree that Gift Cards 4Us, its parents, affiliates,
related companies, officers, directors, employees, agents representatives,
partners and licensors, liability is limited to the maximum extent permissible
by Law.
18.
You shall indemnify and hold harmless Gift Cards 4Usits owner, licensee,
affiliates, subsidiaries, group companies, partners (as applicable) and their
respective officers, directors, agents, and employees from any claim, demand,
or actions including reasonable attorneys' fees made by any third party or penalty
imposed due to or arising out of your breach of the ToU, privacy policy and
other policies or your violation of any law, rules, regulations or the rights
(including infringement of intellectual property rights) of a third party.
19.
Governing laws: The ToU shall be governed, interpreted, and construed in
accordance with the laws of India. The place of jurisdiction shall exclusively
be Bangalore.
20.
We may revise these Terms from time to time.
Indemnity
You
shall indemnify and hold harmless Gift Cards 4Us, its owner, licensee,
affiliates, subsidiaries, group companies (as applicable) and their respective
officers, directors, agents, and employees, from any claim or demand, or
actions including reasonable attorneys' fees, made by any third party or penalty
imposed due to or arising out of Your breach of this Terms of Use, privacy
Policy and other Policies, or Your violation of any law, rules or regulations
or the rights (including infringement of intellectual property rights) of a
third party.
Applicable
Law
Terms
of Use shall be governed by and interpreted and construed in accordance with
the laws of India. The place of jurisdiction shall be exclusively in Bangalore.
Jurisdictional
Issues/Sale in India Only
Unless
otherwise specified, the material on the Platform is presented solely for the
purpose of sale in India. Gift Cards 4Usmake no representation that materials
in the Platform are appropriate or available for use in other
locations/Countries other than India. Those who choose to access this site from
other locations/Countries other than India do so on their own initiative and Gift
Cards 4Usis not responsible for supply of products/refund for the products
ordered from other locations/Countries other than India, compliance with local
laws, if and to the extent local laws are applicable.
Trademark,
Copyright and Restriction
This
site is controlled and operated by Gift Cards 4Usand products are sold by
respective Sellers. All material on this site, including images, illustrations,
audio clips, and video clips, are protected by copyrights, trademarks, and
other intellectual property rights. Material on Platform is solely for Your
personal, non-commercial use. You must not copy, reproduce, republish, upload,
post, transmit or distribute such material in any way, including by email or
other electronic means and whether directly or indirectly and You must not
assist any other person to do so. Without the prior written consent of the
owner, modification of the materials, use of the materials on any other Platform
or networked computer environment or use of the materials for any purpose other
than personal, non-commercial use is a violation of the copyrights, trademarks
and other proprietary rights, and is prohibited. Any use for which You receive
any remuneration, whether in money or otherwise, is a commercial use for the
purposes of this clause.
Trademark
complaint
Gift
Cards 4Usrespects the intellectual property of others. In case You feel that
Your Trademark has been infringed, You can write to Gift Cards 4Us at info@Gift
Cards 4Us.on.
Product
Description
Gift
Cards 4Uswe do not warrant that Product description or other content of this
Platform is accurate, complete, reliable, current, or error-free and assumes no
liability in this regard.
Limitation
of Liability
IN
NO EVENT SHALL Gift Cards 4UsBE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN
IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Contact
Us
Please
[contact us][] for any questions or comments (including all inquiries unrelated
to copyright infringement) regarding this Platform.
Grievance
officer
In
accordance with Information Technology Act 2000 and rules made there under and
the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details
of the Grievance Officer are provided below:
Mr.
Shremanth M
Gift
Cards 4UsInternet Pvt Ltd Block B (Begonia),
8th
Floor Embassy Tech Village,
Outer
Ring Road, Devarabeesanahalli Village,
VarthurHobli,
Bengaluru East Taluk,
Bengaluru
District, Karnataka : 560103, India
contact
us
Time:
Mon - Sat (9:00 - 18:00)
POLICIES
Profanity
Policy
Gift
Cards 4Usprohibits the use of language that is racist, hateful, sexual or
obscene in nature in a public area.
This
policy extends to text within listings, on Seller pages and all other areas of
the site that another User may view. If the profane words are part of a title
for the item being sold, we allow Sellers to 'blur' out the bulk of the
offending word with asterisks (i.e., s*** or f***).
Please
report any violations of this policy to the correct area for review:
·
Report offensive Display Names
·
Report offensive language in a listing or otherwise
If
a feedback comment; or any communication made between Users on the Platform; or
email communication between Users in relation to transactions conducted on
Platform contain profanity, please review Our feedback removal policy and
submit a request for action/removal.
Disciplinary
action may result in the indefinite suspension of a User's account, temporary
suspension, or a formal warning.
Gift
Cards 4Uswill consider the circumstances of an alleged policy violation and the
user's trading records before taking action.
Violations
of this policy may result in a range of actions, including:
1.
Limits placed on account privileges;
2.
Loss of special status;
3.
Account suspension.
Gift
Cards 4Usshall have the right to delete a product review posted by the customer
at its sole discretion, if it is of the opinion that the review contains
offensive language as stated above. Further, if Gift Cards 4Usis of the opinion
that the review unfairly either: (i) causes disadvantage to a product; or (ii)
increases the popularity of the product, Gift Cards 4Usshall have the right to
delete the customer review. Gift Cards 4Usshall also, at its sole discretion
have the right to blacklist the customer from posting any further customer
reviews.
Replacement
Guarantee*
The
Replacement Guarantee seeks to assist Buyers who have been defrauded by
qualified sellers on the Platform. If at the time of delivery and/or within
specified days from the date of delivery of the product/s, if any defect is
found, then the buyer of the product/s can ask for replacement of the product/s
from the seller.
If
Gift Cards 4Ushas suspicion or knowledge, that any of its buyers and sellers
are involved in any activity that is intended to provide claims or information
that is false, misleading or not genuine, then Gift Cards 4Usmay while
reserving its rights to initiate civil and/or criminal proceedings against User
may also at its sole discretion suspend, block, restrict, cancel the Display
Name of such buyer and seller and /or disqualify that User and any related
Users from availing protection through this program.
Gift
Cards 4Usreserves its right to initiate civil and/or criminal proceedings
against a User who, files a invalid and/or false claims or provides false,
incomplete, or misleading information. In addition to the legal proceedings as
aforesaid, Gift Cards 4Usmay at its sole discretion suspend, block, restrict,
cancel the Display Name [and its related Display Names] of such User and/or
disqualify that User and any related Users from availing protection through
this program. Any person who, knowingly and with intent to injure, defraud or
deceive, files a Fraudulent Complaint containing false, incomplete, or
misleading information may be guilty of a criminal offence and will be
prosecuted to the fullest extent of the law.
For
more details related to Replacement Policy, refer to
s/help/cancellation-returns
Returns
Policy
Definition:
'Return' is defined as the action of giving back the item purchased by the
Buyer to the Seller on the Gift Cards 4UsPlatform. Following situations may
arise:
1.
Item was defective
2.
Item was damaged during the Shipping
3.
Products was / were missing
4.
Wrong item was sent by the Seller.
Return
could also result in refund of money in most of the cases.
Points
to be noted:
1.
Seller can always accept the return irrespective of the policy.
2.
If Seller disagrees a return request, Buyer can file a dispute under the Buyer
Protection Program*.
We
encourage the Buyer to review the listing before making the purchase decision.
In case Buyer orders a wrong item, Buyer shall not be entitled to any
return/refund.
Buyer
needs to raise the return request within the return period applicable to the
respective product.Once Buyer has raised a return request by contacting Us on
Our Toll Free Number, Seller while closing the return ticket can select one of
the following:
1.
Replace after shipment collection - Seller has agreed to wait for the logistics
team to collect the shipment from the buyer before replacing it)
2.
Refund after shipment collection - Seller has agreed to wait for the logistics
team to collect the shipment from the buyer before refunding)
3.
Refund without shipment collection - Seller has agreed to refund the buyer
without expecting the original shipment back)
4.
Replace without shipment collection - Seller has agreed to replace the order
without expecting the original shipment back)
5.
On certain select days as specified by Gift Cards 4Us(such as 'The Big Billion
Day') separate policies may be applicable.
In
the event the Seller accepts the return request raised by the Buyer, Buyer will
have to return the product and then the refund shall be credited to the Buyers
account.
In
case the Seller doesn't close the ticket in 3 days from the date of intimation
to the Seller about the refund request, the refund request shall be settled in
favor of the Buyer.
Further
for returns being made by Buyer to the Seller of the product, the following
parameters needs to be ensured by the Buyer:
|
CATEGORY |
CONDITION |
|
Electronics |
Should be included |
|
Clothing and
Footwear |
Should be "New
& Unworn" (other than for trial) |
|
Beauty, Health &
Personal Care |
Should be "New
& Unopened" |
|
Sports &
Equipment |
Should be
"New" and returned with original packaging |
|
Office Products |
Should be
"New" and returned with original packaging |
|
Jewellery |
Should be
"New" and returned with original packaging |
If
the product being returned is not in accordance with the above parameters, then
Buyer shall not be entitled to any refund of money from the Seller.
Shipping
cost for returning the product shall be borne and incurred by the Seller.
Replacement
Definition:
Replacement is the action or process of replacing something in place of
another. A Buyer can request for replacement whenever he is not happy with the
item, reason being Damaged in shipping, Defective item, Item(s) missing, wrong
item shipped and the like.
Points
to be noted:
1.
Seller can always accept the return irrespective of the policy.
2.
If Seller disagrees for a return request, Buyer can file a dispute under Buyer
Protection Program*.
Buyer
needs to raise the replacement request within the return period applicable to
the respective product. Once Buyer has raised a replacement request by
contacting Us on the Toll Free Number provided on the Platform. Once the
replacement request has been raised, the following steps shall be followed:
1.
Buyer is asked for "Reason for Return". Among others, the following
are the leading reasons:
2.
Shipping was damaged
3.
Item was defective
4.
Item Dead on Arrival
5.
Item(s) were missing
6.
Wrong item sent
7.
An intimation shall be provided to Seller seeking either "approval"
or "rejection" of the replacement request.
8.
In case the Seller accepts the replacement request, Buyer shall be required to
return the product to the Seller and only after return of the product, Seller
shall be obliged to provide the replacement product to the Buyer.
9.
Incase Seller rejects the replacement request, Buyer can choose to raise a
dispute by writing to info@Gift Cards 4Us.in.
In
case the Seller doesn't have the product at all, Seller can provide the refund
to the Buyer and Buyer shall be obligated to accept the refund in lieu of
replacement. All the product parameters shall be required to be complied with
in cases of replacement.
If
the Seller doesn't respond to the Buyer's replacement request, within three (3)
days from the date of replacement request placed by the Buyer, refund shall be
processed in favour of Buyer and Seller shall be liable to refund amount paid
to the Seller.
All
shipping and other replacement charges shall be borne and incurred by the
Seller.
Disputes
(Resolutions) Policy
Overview
Generally,
transactions are conducted smoothly on Gift Cards 4Us. However there may be
some cases where both the Buyers and Sellers may face issues. At Gift Cards 4Us,
we have a Dispute Resolution process in order to resolve disputes between
Buyers and Sellers.
What
is a 'dispute'?
A
'Dispute' can be defined as a disagreement between a Buyer and a Seller in
connection with a transaction on the Platform.
How
does a 'dispute' occur in the Marketplace?
Disputes
are filed as a result of a disagreement between the Buyer and the Seller.
Disputes arise out of an issue that is raised by either party not being
completely satisfied with the resolution of their complaint/issue.
It
is important that before a Buyer/Seller raises a dispute, they should attempt
to solve the issue. Please note that whenever a Buyer raises a dispute, the
Seller's payment for that order is put on hold immediately until the issue is
resolved.
What
are the various types of 'disputes'?
Following
are the indicative examples of potential disputes:
1.
Wrong item received
2.
Item Not as described
3.
Damaged or Seal broken on Product
4.
Part/Accessory missing
5.
Item not Compatible
6.
Seller Description/Specification Wrong
7.
Defective (Functional issues)
8.
Product not working and Manufacturer claims invalid Invoice
In
case the Seller rejects the return request of the Buyer, and Buyer raises a
dispute, then Gift Cards 4Uswill try to mediate and resolve the dispute between
both the parties. If the dispute is resolved in favour of the Buyer, a refund
is provided once the product is returned to the Seller. If the dispute is
settled in favour of the Seller, Buyer is entitled to any refund.
Buyer
Protection Program
In
case of a dispute where the Seller is unable to provide a refund or a
replacement, Gift Cards 4Uswill actively work towards reaching a resolution.
The
Buyer Protection Program covers Buyers who are unable to successfully resolve
their dispute with the Seller or are not satisfied the resolution provided by
the Seller.
The
Buyer can write to info@Gift Cards 4Us.in if the issue with the Seller is not
resolved. Gift Cards 4UsCustomer Support team will look into the case to check
for possible fraud and if the Buyer has been blacklisted/blocked from making
purchases on the Platform. Only after verifying these facts, a dispute can be
registered.
CS
team will not facilitate a conference call, CS team acts as the bridge between
customer and seller.
When
a dispute has been raised, Gift Cards 4Usmay provide both the parties access to
each others Display Names, contact details including email addresses and other
details pertaining to the dispute. Buyers and Sellers are subject to final
consent from Gift Cards 4Usfor settling the dispute.
Buyer
Eligibility and Restrictions
Only
the Buyers who have purchased the product on Gift Cards 4Usare eligible for the
Buyer Protection Program.
Buyers
can file a dispute within 45 days from the date of delivery of the product
Any
damage or loss to the product after delivery will not be covered under this
program and will completely be the Buyer's responsibility. Buyers should refuse
to accept delivery if the item is damaged.
To
be able to take advantage of the Buyer Protection Program, Buyers should first
contact the Seller and attempt to resolve the issue. If the Buyer doesn't hear
from the Seller or is unable to resolve the issue with the Seller even after
contact, a dispute can be raised with Gift Cards 4Usby writing an email to
info@Gift Cards 4Us.in
Fraudulent
charges and claims are not covered under Buyer Protection Program
If
the Buyer has already initiated chargeback through the credit card issuing
bank, it will not be covered under Buyer Protection Program, though in such
cases a Seller can file a claim through the Seller Protection Program.
Blacklisted
and Blocked Buyers are not covered by the Buyer Protection Program.
Buyers
who have reached their maximum lifetime limit for claims are also not eligible.
Buyers can make a maximum of 5 claims per year on Gift Cards 4Us. If the claim
was withdrawn, it is not counted. The coverage amount will be limited to
₹50,000
Through
the Buyer Protection program, Gift Cards 4Usdoes not provide any
guarantee/warranty to Buyers for products sold on Gift Cards 4Usagainst
technical/manufacturing defects.
Raising
disputes against Sellers does not automatically entitle the Buyer to a refund
or replacement for the product purchased. Gift Cards 4Usshall verify the
disputes so raised and may process only such claims that are valid and genuine.
Gift
Cards 4Usshall at no point be responsible for any direct or indirect losses,
expenses, costs of any nature whatsoever that may be incurred by any
Buyer/Seller.
Claims
of the nature of 'Buyer remorse' (i.e. instances where products are bought by
the Buyer by mistake or where the Buyer chooses to change his/her mind with
regard to the product purchased by him) will not be entertained through this
program.
Gift
Cards 4Usreserves its right to initiate civil and/or criminal proceedings
against a User who, files an invalid and/or false claims or provides false,
incomplete, or misleading information. In addition to the legal proceedings as
aforesaid, Gift Cards 4Usmay at its sole discretion suspend, block, restrict,
cancel the Display Name [and its related Display Names] of such User and/or
disqualify that user and any related users from availing protection through
this program.
Decisions
made by Gift Cards 4Usunder the Buyer Protection Program shall be final and
binding on its Users.
Gift
Cards 4Usreserves the right to modify / discontinue Buyer Protection Program
without any prior notice period to its Users.
Through
this program, Gift Cards 4Usshall not entertain claims of Buyers who have
incurred loss due to delayed shipment or delivery of the item by the Seller.
Gift
Cards 4UsCustomer Support Team may seek additional information / clarification
from Buyer to facilitate resolution of the dispute. In the event Buyer does not
respond with information / clarification sought within 10 days of such request,
the dispute shall be auto-closed in favour of the Seller.
Disputes
via Chargeback
Whenever
a chargeback (CB) comes from a payment gateway/bank, following situations may
arise:
1.
Item not received CB - Buyer hasn't received the item. Refund will be created
in accordance with the dispute policies
2.
Unauthorized CB - Buyer hasn't made this particular transaction. Refund will be
created in accordance with the dispute policies.
Seller
expressly agrees that issuing the correct and complete invoice is the sole and
primary responsibility of the Seller. Furthermore, Seller shall ensure that
invoices state "Powered by Gift Cards 4Us" and failing to do so
Seller will be liable for chargebacks (as applicable).
1.
Item not as described - meaning item is not what Buyer expected. Dispute will
be decided in accordance with the dispute policies.
Email
Abuse & Threat Policy
Private
communication, including email correspondence, is not regulated by Gift Cards
4Us. Gift Cards 4Usencourages its Users to be professional, courteous and
respectful when communicating by email.
However,
Gift Cards 4Uswill investigate and can take action on certain types of unwanted
emails that violate Gift Cards 4Uspolicies.
Such
instances:
Threats
of Bodily Harm - Gift Cards 4Usdoes not permit Users to send explicit threats
of bodily harm.
Misuse
of Gift Cards 4UsSystem - Gift Cards 4Usallows Users to facilitate transactions
through the Gift Cards 4Ussystem, but will investigate any misuse of this
service.
Spoof
(Fake) email - Gift Cards 4Uswill never ask you to provide sensitive
information through email. In case you receive any spoof (fake) email, you are
requested to report the same to Us through 'Contact Us' tab.
Spam
(Unsolicited Commercial email) - Gift Cards 4Us spam policy applies only to
unsolicited commercial messages sent by Gift Cards 4UsUsers. Gift Cards 4UsUsers
are not allowed to send spam messages to other Users.
Offers
to Buy or Sell Outside of Gift Cards 4Us- Gift Cards 4Usprohibits email offers
to buy or sell listed products outside of the Gift Cards 4UsPlatform. Offers of
this nature are a potential fraud risk for both Buyers and Sellers.
Gift
Cards 4Uspolicy prohibits user-to-user threats of physical harm via any method
including, phone, email and on Our public message boards.
Violations
of this policy may result in a range of actions, including:
·
Limits on account privileges
·
Cancellation of listings
- Loss of special status
Other
Businesses
Gift
Cards 4Usdoes not take responsibility or liability for the actions, products,
content and services on the Platform, which are linked to Affiliates and / or
third party Platforms using Platform's APIs or otherwise. In addition, the
Platform may provide links to the third party Platforms of Our affiliated
companies and certain other businesses for which, Gift Cards 4Usassumes no
responsibility for examining or evaluating the products and services offered by
them. Gift Cards 4Usdo not warrant the offerings of, any of these businesses or
individuals or the content of such third party Platform(s). Gift Cards 4Usdoes
not endorse, in any way, any third party Platform(s) or content thereof.
Gift
Cards 4UsInfringement Verification (FIV) - Reporting Listing Violations
Gift
Cards 4Ushas put in place Gift Cards 4Us Infringement Verification process so
that intellectual property owners could easily report listings that infringe
their rights. It is in Gift Cards 4Usinterest to ensure that infringing
products are removed from the site, as they erode Buyer and good Seller trust.
·
If you are a Verified Rights Owner and want to report a listing issue, see Gift
Cards 4UsFIV. Note: Only the intellectual property rights owner can report
potentially infringing products or listings through FIV. If you are not the
intellectual property rights owner, you can still help by getting in touch with
the rights owner and encouraging them to [contact us][].
·
If your listing was removed through FIV, and you believe that your listing was
removed in error, please [contact us][].
Gift
Cards 4Usdoes not and cannot verify that Sellers have the right or ability to
sell or distribute their listed products. However, Gift Cards 4Usis committed
to removing infringing or unlicensed products once an authorized representative
of the rights owner properly reports them to Gift Cards 4Us.
FIV
works to ensure that item listings do not infringe upon the copyright,
trademark or other intellectual property rights of third parties. FIV
participants have the ability to identify and request removal of allegedly
infringing products and materials.
Any
person or company who holds intellectual property rights (such as a copyright,
trademark or patent) which may be infringed upon by products listed on Gift
Cards 4Usis encouraged to become a FIV member.
Program
membership entitles you (Verified Rights Owner) to the following benefits:
·
Rapid response by Gift Cards 4Usin ending listings reported by you (as the
Verified Rights Owner) as allegedly infringing
·
Dedicated priority email queues for reporting alleged infringements
·
The ability to obtain identifying information about Gift Cards 4Ususers'
How
to Become a FIV Member
To
join the FIV, we require only that you fully complete and email Us a Notice of
Infringement form specifying the allegedly infringing listings and the
infringed work, complete with an original authorized signature. The information
requested by the Notice of Infringement is designed to ensure that parties
reporting products are authorized by the rights owners, and to enable Gift
Cards 4Usto easily identify the material or listing to be ended.
In
the interest of keeping the process easy and simple, after we receive your
first Notice of Infringement in hard copy, future notices can be sent to Us by
email at info@Gift Cards 4Us.in.
Note:
In your notice of infringement, you shall be required to identify the
individual listing which is infringing your intellectual property. General
notices shall not be accepted.
We
are happy to receive such information, but must advise that we may be limited
in Our ability to respond to your request absent formal notice from an
authorized rights owner.
Notice
of Infringement
Gift
Cards 4UsInternet Private Limited
_______________________
_______________________
I,
[name] ____________________________ of [address] _________________________ do
solemnly and sincerely declare as follows:
1.
I am the owner of certain intellectual property rights, said owner being named
__________________ ("IP Owner").
2.
I have a good faith belief that the item listings or materials identified in
the annexure attached hereto are not authorised by the above IP Owner, its
agent, or the law and therefore infringe the IP Owner's rights. Please
expeditiously remove or disable access to the material or products claimed to
be infringing.
3.
I may be contacted at:
Name
___________________________________________________________
Title
& Company ________________________________________________________
Address
_________________________________________________________
Email
(correspondence) ___________________________________________________
Telephone/Fax
_____________________________________________________________
Date
_________________________________________________________________
and
I make this declaration conscientiously believing it to be true and correct.
Declared
by ______________________________
on
[date] ___________________________________ in [place]________
Truthfully,
Signature
Addendum
to Notice of Infringement:
List
of Allegedly Infringing Listings, Products, or Materials
A
Note on Reason Codes: When identifying item numbers please use the reasons
below. When removing products from the site, Gift Cards 4Uswill inform Sellers
of the specific reason for the removal of their products.
Select
the most appropriate reason. Please associate each item you report with only
one reason code.
Trademark-infringement
1.
Trademark owner doesn't make this type of product or has discontinued the
production of the product
2.
Item(s) is an unlawful replica of a product made by the trademark owner or is
counterfeit
Trademark-listing
description infringement
1.
Listing(s) has unlawful comparison to trademark owner's brand or product
2.
Listing(s) contains unlawful use of trademark owner's logo
Copyright-item
infringement
1.
Software is being offered without any license or in violation of a license
2.
Item(s) is a bootleg recording;
3.
Item(s) is an unlawful copy (software, games, movies, etc.);
4.
Item(s) is unlawful duplication of printed material
5.
Item(s) is an unlawful copy of other copyrighted work (paintings, sculptures,
etc.)
Copyright-listing
content infringement
1.
Listing(s) comprises unauthorized copy of copyrighted text
2.
Listing(s) comprises unauthorized copy of copyrighted image
3.
Listing(s) comprises unauthorized copy of copyrighted image and text
Reason
Code: _____________________________________________________________
Work(s)
infringed:
_________________________________________________________
Item
Number(s): ___________________________________________________________
Note:
1.
Please provide the ownership of Trademark (Trademark Registration Certificate
should be in the name of applicant)
2.
Please provide the evidence as to the ownership of copyright.
All
such Notices of Infringement shall be sent to info@Gift Cards 4Us.in
Contacting
the Seller
At
Gift Cards 4Uswe are committed towards ensuring that disputes between sellers
and buyers are settled amicably by way of the above dispute resolution
mechanisms and procedures. However, in the event that a buyer wishes to contact
the seller, he/ she may proceed to do so by accessing the seller related
information made available by the sellers on their product listing pages.