1.1 This TOS 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.
1.2 HACKING WITH COMPUTER SYSTEM(S): Electronic Record of this TOS has been generated by a computer system and does not require any Signature(s).
1.3 This TOS 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 GiftedToAllIndia 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.
3.7 Whoever registers with our Sales Partner Agreement will be consideredas our Sales Partner.
4. GENERAL TERMS OF SERVICE
• GiftedToAll voucher code can be purchased only through GiftedToAll India Ltd. e-portal. Voucher(s) cannot be used for any other website.
• Voucher(s) are given complementary. Sales Partner and/or GiftedToAll have not taken money and/or any other consideration for its sell, from customers.
• Vouchers cannot be sold to third-party. Vouchers issued to customers can only purchase.
4.1 AGE LIMITS: Our e-Portal is an e-commerce storefront where monetary transactions are taking place. Thereby, we allow only people with maturity (majority) age set by the government of India and its states individually, if applicable. Minors, children and kids must not use our service without the supervision of their parents, guardians or adult relatives.
Hereby, you agree to:
Have the majority of age (legally mature agei.e. 18 years) comprehend the sensitive policies and threats on the web and obey the laws related to website usage.
4.2 ACCURACY OF INFORMATION: The following areas are of concern when you are looking for the accuracy of the information on the e-Portal:
4.2.1 Color of products: Digital devices are always differing in displaying actual color. So, we are not responsible when a user finds slight/minor differences in delivered apparel or gift products they have seen on their monitors, mobiles, tablet, tv or any other device.
4.2.2 Size &shape of products: In most cases, we try to give an image of the real products to get a clue regarding the size and shape of products. However, we also mention the size of apparel & clothing-like products in standard units.
4.2.3 Product pricing: We display the actual price of products on the e-Portal. Our shopping cart can display various calculations like gross amount, net amount after deductions, digital voucher values and service charges to get a perfect picture of product pricing.
4.2.4 Product shipping &delivery: In our Shipping and Return Policy, we have described the entire process. We are displaying shipping costs upfront in our invoice generated upon an order. However, the overall cost of shipping depends on location and charges are decided by our shipping partners.
4.2.5 Invoicing of the purchase: During the checkout process, shoppers can get a digital copy of invoice for their purchase, citing everything regarding products under purchase, pricing, various charges, including shipping, deductions on redeeming of digital vouchers, net amount, taxes and multiple levies by government bodies.
4.2.6 Payments: We mention the payment methods and payment gateway services we offer with links to payment gateway service providers’ documents online. We also clarify charges and taxes incurred by a payment gateway provider and concerned government bodies, if it is an international transaction.
4.2.7 Third-party links: We display third-party links to facilitate you to obtain further information regarding our third-party integrations of services. Technically, third-party sites are not in our direct control. Therefore, we are not liable regarding the content they published and the responsibilities they bear in the case of disputes.
4A Acceptance of Terms of Service
4A.1 This TOS is 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 ‘TOS’), 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.
4A.5 Based on previous clauses, we can conclusively say that we are a digital business operating via various digital devices in the control/palms of our esteemed users. Despite our die-hard efforts to provide you with accurate information regarding our products and services, we may not give you 100% accuracy and updates in real time.
4A.6 Based on previous clauses, we are not liable to change in policies of our third-party service providers, such as shipping partners, shipping insurance partners, payment partners, sales partners and third-party web services. You have to accept and follow their policies besides our mentioned T&C (Terms & Conditions) herewith.
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 This TOS 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 TOS, 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 TOS is a breach of the TOS, 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. MODIFICATION & UPDATES OF SERVICE
We are free to make changes in our TOS time-to-time and provide updates regarding various areas of our services. However, the following are areas where frequent alterations are expected and as users of the e-Portal, you are bound to accept all modifications and updates of service.
• Alteration in our services.
• Alteration in prices.
• Third-party services.
7. GOVERNING LAWS OF THE LAND
7.1 We are an Indian Company, so our sales are mainly limited to the territories of India only.
7.2 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:
7.3 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.
8. SITE MALFUNCTIONING
8.1 The e-Portal is hosted on third-party hosting providers and cloud services. Thereby, the continuity and quality of their services are out of our control. If you find any malfunctioning of, denying or delays in third-party services, you can just inform us but cannot take any legal action against the same.
8.2 Many users are not always honest in their intentions while landing on our site. They can cause harm to the functioning of the e-Portal through various malicious activities like spamming, injections, hacking and viruses.
Hereby, you agree to:
8.3 If we detect any malicious activity from your side, we can take the help of law & order authorities to take appropriate actions with or without prior notices.
9. 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.
Despite lots of responsibilities of different kinds, we bear in providing services online through our e-portal, we have several limitations to meet ideal scenarios. For instance:
9.1 Different types of interruptions may take place while accessing various services.
9.2 Occasional bugs and numerous malicious attacks can breach our safety and security services.
9.3 High traffic on seasonal sales or holiday sales can drive down the performance or crash our site.
9.4 Our Sales Partners provide various warranties on products and disputes can occur despite enough clarification on their websites.
9.5 Misunderstanding regarding our services, digital voucher applications and third-party services have rooms.
9.6 Natural and human-created disasters can discontinue or disrupt our on-site and off-site services.
Hereby, you agree to:
9.7 First sought clarification from our service team regarding your grievances. We may try to give you the best response from our side, as we believe in long-term relationships and good rapports on the web with our loyal customers.
9.8 If anything does not belong to our capacity to resolve your problem, we are not bound to give you a refund or any compensation for your damages or attorney/court fees.
10. DISCLAIMER OF WARRANTY
10.1 We are not manufacturers of any products displayed on the e-Portal. Thereby, we cannot give you warranties like manufacturing defects, usage defects, accidental damages and performance of the products. We simply have tied knots with the leading brands and manufacturers of gift products listed on the e-portal.
10.2 We can guide you or redirect you to the original manufacturers of product or our Sales Partners covered under the Sales Partner Agreement. So, you have to obey their policies and warranties of the product(s).
10.3 Our packing, shipment and payment-related services are encompassing relevant insurance service providers like shipping partners, payment gateways and banks.
10.4 Therefore, we limit our liabilities herewith and are bound to obey their rules and regulations on their services. You cannot claim on us directly or take legal actions regarding discontinuation or losses that occurred due to lapses on those services.
10.5 When we integrate any third-party service, we are accepting their T&C and obey their rules. So, our web users remain liable to follow the T&C listed on their individual & official sites.
11. INDEMNIFICATION (What happensif you sue us)
We never even dreamt of it, but many users have tendencies to jump on legal consequences without running a second thought.
11.1 Thereby, we compel you to agree to remain at our side if anything happens due to your mistakes, including
11.1a In the case of User-Generated Content uploaded on the e-Portal by website users.
11.1b In the case of the Sales Partners, we receive any sue on products provided by you.
11.1c In the case of any mistake, site users/customers committed during monetary transactions.
11.1d In the case of accidental loss occurs due to data provided by Sales Partners & site users.
11.2 Of course, we try our best to defend the sue from our end, but your morale and active involvement are compulsory to assist us at different levels.
11.3 Here, we cover all our e-Portal users, as well as third-party service providers and Sales Partners, in the case of indemnification to help us.
Hereby, you agree to:
Defend, indemnify and hold harmless the Company, its affiliates, licensors, service providers and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees, including reasonable attorneys’ fees arising out of or relating to your violation of these Terms of Service or your use of the e-Portal (USER AGREEMENT), including but not limited to, your User Contributions, any use of the e-Portal’s content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Website.
12. TERMINATION OF SERVICE
12.1 If, as a user of our service, as well as our web visitor, we give freedom to disagree on our terms.
12.2 Upon disagreement from your side, the entire TOS automatically terminates.
12.3 If you are going to use our services and we find breaches, misuse or breaking of the rules site by our service partners and us, we will warn you through legal notice first. We may go ahead to take serious legal actions if we don’t find satisfactory answers from your side.
13. CONTACT INFORMATION:
We welcome any query regarding our Terms of Service and request you to contact our service team at the contact details provided on our Contact Us page.