2.1 This USER AGREEMENT is an electronic record in terms of The Information Technology Act, 2000 & 2008. The rules cited herewith are applicable and the amended provisions of electronic records in various statutes as amended by The Information Technology Act, 2000 & 2008
2.2 Electronic Record of this USER AGREEMENT has been generated by a computer system and does not require any Signature(s).
2.2 This USER AGREEMENT has been published following the Provisions of Rule 3(1) of The Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the ‘Sales Partner Agreement’ web page for access or usage of the www.GiftedToAll.com online store.
2. PENALTIES IN LAW
2.1 TAMPERING WITH COMPUTER SOURCE DOCUMENT(S): Prison up to 3 (Three) years or fine up to Rs. 2,00,000/- (Rupees Two lakhs Only) or with both.
2.2 HACKING WITH COMPUTER SYSTEM(S): Prison up to 3 (Three) years or fine up to Rs. 1,00,000/- (Rupees One lakh Only) or with both.
2.3 RECEIVING STOLEN COMPUTER DATA OR DEVICE(S): Prison up to 3 (Three) years or fine up to Rs. 1,00,000/- (Rupees One lakh Only) or with both.
2.4 PUBLISHING OBSCENE INFORMATION(s): Prison up to 2 (Two) years or fine up to Rs. 2,000/- (Rupees Two Thousand Only) or with both. In case of subsequent conviction, it may extend up to 5 (Five) years Imprisonment plus Rs. 2,000/- (Rupees Two Thousand Only) fine(Sec. 292 of IPC).
2.5 SENDING OFFENSIVE OR PUBLISHING FALSE INFORMATION(S):Prison up to 3 (Three) years or fine as specified by the Respective Court.
3. DEFINITION OF TERMS
3.1 When we use ‘WE’,‘OUR’,‘US’or ‘COMPANY’ words / terms, it refers to GiftedToAll India Ltd.
3.2 When we use ‘YOU’or‘YOUR’ words / terms, it refers to website visitors/shoppers/customers.
3.3 When we refer to our ‘E-PORTAL’, ‘ONLINE STORE’, ‘STOREFRONT’, ‘WEBSITE’, ‘E-COMMERCE’, ‘E-STORE’, ‘SITE’ or any other similar terms, it encompasses GiftedToAll India Ltd.
3.4 VISITOR: The one who visits our e-portal, with or without the intention of shopping, but not buying anything from the site.
3.5 SHOPPER: A Visitor who is on the way to buy something from the e-portal, but who has yet not accomplished the buying/payment process.
3.6 CUSTOMER: A Shopper who has accomplished the buying/payment process. A Customer might be a repeat Visitor/Shopper/Customer.
4. ACCEPTANCE OF USER AGREEMENT
4.1 ThisUSER AGREEMENTis entered into by and between you and us. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively called as the ‘USER AGREEMENT’), governs your access, whether as a guest or a registered user, to and use of the e-Portal, www.gifdtedtoall.com, including any content, functionality and services offered on or through the e-Portal.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 The e-Portal contains multimedia content like images, videos and audios. It has a variety of features and functionality, including but not limited to all information, software, text, displays, design, selection and arrangement. These very things thereof belong to the Company, its licensors or other service providers of such materials. Cumulatively, these all are protected by India and International Copyright, Trademark, Patent, Trade Secrets and other Intellectual Property or Proprietary Rights Law(s).
5.2 ThisUSER AGREEMENT grants you permission to use the e-Portal for different intentions and purposes, such as personal use, shopping, gifting & non-commercial use only. Therefore, we prohibit you not to modify, reproducing, distributing, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing or transmitting any of the material on the e-portal, except as follows:
5.2.1 RAM in your computer may temporarily store copies of such materials while accessing and viewing those materials.
5.2.2 The cache mechanism in your browsers can automatically cache various info and content to enhance user experience.
5.2.3 You are allowed to print or download a copy of several pages of the e-Portal for your own personal, non-commercial purposes and not for any other intention like reproduction, publication or distribution.
5.2.4 To serve you better, we provide desktop, mobile or other applications for online & offline usage. So, you can download a single copy to your computer or mobile device solely for your own personal and non-commercial use. Thereby, you abide to be bound by our End User License Agreement for such applications.
5.2.5 We used to link social media with our web pages for selected content. You may use such features as per social media usage norms.
5.3 YOU MUST NOT:
5.3.1 Tweak copies of any materials from the e-Portal like texts, images/photos, animations, audio and/or videos.
5.3.2 Delete or modify any icon/watermark/notices representing any copyright, trademark or other proprietary rights from copies of materials from the e-Portal.
5.3.3 You must not access or use any service or content available on the e-Portal or any part of the e-Portal for any commercial purposes.
5.4 If you print, copy, modify, download or otherwise use or provide any access to other persons, any part of the e-Portal in breach of the USER AGREEMENT, your right to use the e-Portal will be terminated immediately. Thus, at our option, you have to return or destroy those copies of the materials you took.
5.5 No right, title or interest in or to the e-Portal or any content on the e-Portal is transferable to you and the we reserve all rights not explicitly granted.
5.6 Any use of the Website not permitted by this USER AGREEMENT is a breach of the USER AGREEMENT, and you may be liable to violate copyright, trademark and other laws.
5A.1 With this, we declare that the name of the Company, the Company logo and design are Trademarks of the Company i.e. GiftedToAll India Ltd.
5A.2 The products and services displayed on the e-Portal have all related names, logos, designs and slogans are trademarks of the companies of product or service owners or their licensors.
5A.3 You are prohibited from using such marks without any advance written permission of the Company. Third-party Trademarks are the right of their respective owners.
5B Prohibited Uses
You have permission to use the e-Portal by abiding by our Terms of Service. Therefore, you agree not to use the e-Portal for the following incidents.
5B.1 Anything you do on the e-Portal that violates any applicable central, state, local or international law or regulation, including and without limitation, any laws regarding the export of data or software to and from India or other countries.
5B.2 You use the e-Portal to exploit, harm or attempt minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
5B.3 You are going to transmit or procure the sending of any advertising or promotional material using online tricks and tools including any ‘junk mail’,‘chain letter’,‘spam’ or any other similar solicitation without our advance written accord.
5B.4 Your activities on the e-Portal to impersonate or attempt to impersonate the Company, its employee, another user or any other person or entity, including and without limitation, by using email addresses associated with any of the foregoing.
5B.5 We may find you engaged in any other conduct that restricts or inhibits anyone’s use or enjoyment of the e-Portal and it may harm the Company or users of the e-Portal or expose them to liability.
5B.6 Your usage pattern that could crash, overburden, damage or chock/hang the e-Portal or interfere with any other party’s use of the e-Portal, including their ability to engage in real-time activities through the e-Portal.
5B.7 You are going to infuse any robot, spider or other automatic devices, process or means to access the e-Portal for any purpose.
5B.8 You apply any manual process to monitor any activity or copy any of the material on the e-Portal with malicious intentions without our prior written consent.
5B.9 Attachment or use of any third-party Device, software or routine that can interfere in the normal functioning of the e-Portal.
5B.10 You try to induce any Virus(es), Trojan horse(s), worm(s), logic bomb(s) or other material(s) that is or can be malicious or technologically harmful.
5B.11 You attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the e-Portal, the server on which the e-Portal is stored or any server, computer or database connected to the e-Portal.
5B.12 Attack the e-Portal via a denial-of-service attack or a distributed denial-of-service attack.
5B.13 Otherwise attempt to interfere with the proper working of the e-Portal.
6. DISCLAIMERS OF WARRANTY
6.1 You understand that we do not provide any guarantee or warrant that file available on the internet or the e-Portal will be free of viruses or other destructive code because it can be inserted even during a data transaction. Thereby, you have to implement sufficient procedures and checkpoints to satisfy your particular requirements using online protective software, including anti-viruses. Moreover, you should take precautions to secure the accuracy of data input and output and for maintaining a means external to the e-Portal for any reconstruction of any lost data.
6.2 To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the e-Portal or any services or items obtained through the e-Portal or to your downloading of any material posted on it, or any other website linked to it.
6.3 Our use of the e-Portal, its content and any services or items obtained through the e-Portal is at your own risk.
6.4 The e-Portal, its content and any services or items obtained through the e-Portal are provided on an ‘as is’ and ‘as available’ basis, without any warranties of any kind, either express or implied.
6.5 Neither the Company nor any person associated with the Company makes any warranty or representation concerning the completeness, security, reliability, quality, accuracy or availability of the e-Portal.
6.6 Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the e-Portal, its content or any services or items obtained through the e-Portal will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the e-Portal or the server that makes it available are free of viruses or other harmful components or that the e-Portal or any services or items obtained through the e-Portal will otherwise meet your needs or expectations.
6.7 To the fullest extent provided by law, the Company with this disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for a particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
7. LIMITATION OF LIABILITY
To the fullest extent provided by law, in no event will the company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use or inability to use, the e-Portal, any websites linked to it, any content on the e-Portal or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data and whether caused by tort, including negligence, breach of contract or otherwise, even if foreseeable, the foregoing does not affect any liability that cannot be excluded or limited under applicable law.
8. GOVERNING LAWS OF THE LAND
8.1 We are an Indian Company, so our sales are mainly limited to the territories of India only.
8.2 The TOS and other policies as well as agreements we provide you, related to our service, are governed and constructed in accordance with the Indian Penal Code, Government Laws and Laws of Lands (States, Districts & Local Authorities).
Hereby, you agree to:
8.3 Obey the orders of our judiciary, in case of any claim or dispute, that arises, at Rajkot, Gujarat-INDIA. It means you cannot sue us or summon us for any legal procedure out of our Prescribed Jurisdiction area herewith.
9. E-PORTAL USAGE
9A Front-end User Authentication System
We allow the e-Portal visitors to surf as guest users without compelling them to pass through registration and user authentication processes. However, we welcome user registration to explore our services fully.
In due course of user registration, we demand:
1. Display name
2. Password [To make account secure]
3. Your essential contact details [Email address or phone number for the sake of reliability and accomplish the authentication process through a confirmation email or OTP code]
Hereby, you agree to:
9A.1 It would be best if you intimate us immediately when you detect unauthorized access to someone other than you.
9A.2 Ensure the safety of your account by exiting through the ‘LogOut’ function, changing the password frequently and generating a bit more complex password to prohibit easy guesswork.
9B Services Offered
9B.1 When we refer to Services, it means more than mere buying from the e-Portal. It includes information we provide, guidance, after-sales services and the opportunity to create UGC (User-generated Content) like comments and reviews.
Hereby, you agree to:
9B.3 Follow our Terms of Service Agreement.
9B.4 Follow our Partner Agreement.
9B.5 Follow our Order, Shipment, and Returns Policy.
9B.6 Follow our Cancellation & Refund Policy.
9B.7 This USER AGREEMENT remains the subject of laws of the jurisdiction of the location/address cited as headquarters of GiftedToAll India Ltd. At present, it belongs to Rajkot, Gujarat (360005),INDIA.