Giift.com is the trademark of GIFT MANAGEMENT ASIA PTE LTD, a limited private company registered in the Republic of Singapore under number 201208371E which maintains its principal place of business at 6 Raffles Quay, 16-01, 048580 Singapore. GIFT MANAGEMENT ASIA PTE LTD shall be referred as Giift.com in this User Agreement.
Acceptance of Terms
By clicking “Login” or “Join Now”, you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By clicking “Login” or “Join Now,” you also consent to use electronic signatures and acknowledge your click of the “Login” or “Join Now” button as one.
2. Your Obligations
Applicable laws and this Agreement
You must comply with all applicable laws and this Agreement, as may be amended from time to time with or without advance notice, and the policies explained in this Agreement.
License and warranty for your submissions to Giift.com
You own the information you provide Giift.com under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant Giift.com a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Giift.com, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the services, you submit to Giift.com, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your Giift.com profile information accurate and updated.
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (i) are the “Minimum Age” (i.e. 18 years old) or older; (ii) are not currently restricted from the Service, or not otherwise prohibited from having a Giift.com account; (ii) are not a competitor of Giift.com or are not using the Services for reasons that are in competition with Giift.com; (iv) will only maintain one Giift.com account at any given time; (v) will use your real name and only provide accurate information to Giift.com; (vi) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (vii) will not violate any rights of Giift.com or third party, including intellectual property rights such as copyright or trademark rights; (viii) will agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services.
The profile you create on Giift.com will become part of Giift.com and except for the information that you license to us is owned by Giift.com. However, between you and others, your account belongs to you. You agree to: (i) keep your password secure and confidential; (ii) not permit others to use your account; (iii) not use other’s accounts; (iv) not sell, trade, or transfer your Giift.com account to another party. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own.
You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws. You will honor your payment obligations and you agree with us storing your payment information. Also there can be fees and taxes that are added to our prices.
If you purchase any product or services that require a payment fee, you agree to Giift.com storing your payment information. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Giift.com does not support all payment methods, currencies or locations for payment. Additionally, if you require a printed invoice for your transaction, you may access it through your Giift.com account settings under “Purchase History”, or request one by contacting our Customer Support.
Notifications and Service Messages
For purposes of service messages and notices about the Services, Giift.com may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Giift.com to an email address associated with your account, even if we have other contact information. You also agree that Giift.com may communicate with you through your Giift.com account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Giift.com account or services associated with Giift.com. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
Sharing of information
Giift.com offers various ways to share loyalty or gift card programs, or post your observations and comments on designated topics. Giift.com also enables sharing of information by allowing users to post updates. GIIFT.COM IS NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU SHARE OR YOU POST ON GIIFT.COM.
Gift Card Exchange Transaction
Gift Card Exchange Transaction is a service that enables you to exchange a gift card with and only with one of your friends. You agree to do it in good faith accordingly to the following terms and conditions:
a. When you exchange a gift card (“the Gift Card”) through Giift.com Gift Card Exchange Transaction with a friend beneficiary, you agree to transfer ownership of the Gift Card and any interest therein to the beneficiary in return for the ownership of one of the beneficiary’s gift card, as designated in the Gift Card Exchange Transaction. You agree not to, and agree not to permit or encourage anyone else to, redeem any portion of the Gift Card, or any interest therein, subsequent to the Gift Card Exchange Transaction.
b. Prior to the Gift Card Exchange Transaction, you agree to check the balance on the Gift Card to be exchanged and to disclose the amount during the Gift Card Exchange Transaction. You agree not to overstate the balance on the Gift Card.
c. Representations and warranties: in connection with the Gift Card Exchange Transaction, you hereby represent and warrant the following:
i. the Gift Card is valid;
ii. the Gift Card is redeemable for the amount of credit that you state in connection with the Exchange Transaction;
iii. you have not in any way retained a way to redeem the Gift Card after the Exchange Transaction;
iv. the Gift Card and any interest therein is fully transferable;
v. you are the sole owner of the Gift Card and all interests thereto;
vi. the Gift Card is not subject to any liens, obligations, or encumbrances of a third party.
d. Right of acceptance: in order to ensure the integrity of Giift.com, we reserve the right to reject any card(s) that we believe, in our sole discretion, may be fraudulent or stolen, or which may have come from an unauthorized source, or which otherwise may pose a financial risk to us, our members, or merchants.
e. Depleted Gift Card: if Giift.com receives a claim or otherwise discovers that the value of a gift card you provided in connection with Gift Card Exchange Transaction has been depleted, and Giift.com is able to verify such claim, Giift.com reserves the right to charge a replacement fee equal to the original value of the Gift Card plus an additional $20 replacement fee. You agree and authorize Giift.com to immediately charge you.
f. Limitation of liabilities on Gift Card Exchange Transaction: GIIFT.COM SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENRIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART OUT OF YOUR ACCESS TO USE OF GIIFT.COM GIFT CARD EXCHANGE TRANSACTION.
3. Your Rights
On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or Giift.com authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Giift.com or its Members), view information and use the Services that we provide on Giift.com webpages and in accordance with this Agreement. Any other use of Giift.com contrary to our mission and purpose is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Giift.com and all related items, including any and all copies made of the Giift.com website.
4. Our Rights & Obligations
For as long as Giift.com continues to offer the Services, Giift.com shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Giift.com as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Giift.com, partially or entirely, or change and modify prices for all or part of the Services for you or for all our Members in our sole discretion. All of these changes shall be effective upon their posting on Giift.com or by direct communication to you unless otherwise noted. Giift.com further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by Giift.com to be contrary to this Agreement. For avoidance of doubt, Giift.com has no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using the Services.
Third Party Sites
Disclosure of User Information
Connections and Interactions with other Members
You are solely responsible for your interactions with other Members. Giift.com may limit the number of connections you may have to other Members and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Giift.com reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Giift.com determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
Intellectual Property Notices
The Service includes the copyrights and Intellectual property rights of Giift.com and except for the limited license granted to you in Section 3, Giift.com reserves all of its intellectual property rights in the Service. Giift.com, the Giift.com and logos and other Giift.com trademarks, service marks, graphics, and logos used in connection with Giift.com are trademarks or registered trademarks of Giift.com. Other trademarks and logos used in connection with Giift.com may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.
You acknowledge, consent and agree that you have hereby given Giift.com (including its subsidiaries and contractors) proxy to access third party websites, on your behalf and by using your program or card confidential information, to capture important information in relation to your program or card, such as, but not exclusively, remaining value or expiration date, in order to display such information into your account. In doing so, Giift.com only acts as your proxy. Giift.com has no relationship to, or connection with, any airline, hotel, retailer or other program sponsor or card issuer unless specifically mentioned. Therefore Giift.com is not responsible for the content of linked third party websites, and does not make any representations regarding their content or accuracy: Giift.com assumes no responsibility for and disclaims any liability for acts, omissions or determinations by any program sponsor or third party website.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON GIIFT.COM OR ITS SUPPLIERS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR GIIFT.COM AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. GIIFT.COM DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GIIFT.COM AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY GIIFT.COM OR ANYTHING RELATED TO GIIFT.COM, YOU MAY CLOSE YOUR GIIFT.COM ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION TERMINATION AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. GIIFT.COM IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS IN EMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH GIIFT.COM TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. GIIFT.COM DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, GIIFT.COM DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. GIIFT.COM DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. GIIFT.COM DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, GIIFT.COM DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE GIIFT.COM SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
Mutual rights of termination
You may terminate this Agreement, for any or no reason, at any time, with notice to Giift.com. This notice will be effective upon Giift.com processing your notice. Giift.com may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. Termination of your Giift.com account includes disabling your access to Giift.com and may also bar you from any future use of Giift.com.
Misuse of the Services
Giift.com may restrict, suspend or terminate the account of any Member who abuses or misuses the Services. Misuse of the Services includes abusing the Giift.com messaging services; creating multiple or false profiles; infringing any intellectual property rights or any other behavior that Giift.com, in its sole discretion, deems contrary to its purpose.
Effect of Termination
Upon termination of your Giift.com account, you lose access to the Services.
7. Dispute Resolution
Law and Forum for Legal Disputes
This Agreement or any claim, cause of action or dispute (“Claim”) arising out of or related to this Agreement shall be governed by the laws of the republic of Singapore regardless of your country of origin or where you access Giift.com, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Giift.com agree that all claims arising out of or related to this Agreement must be resolved exclusively by a court located in Singapore, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
8. General Terms
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
Notices and Service of Process
We may notify you via postings on www.giift.com. You may contact us at Contact us or at Giift.com, Trademark of GIFT MANAGEMENT ASIA PTE LTD, Legal Department, 51BKreta Ayer Road, 089007 Singapore.
You agree that this Agreement constitutes the entire, complete and exclusive Agreement between you and Giift.com regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
Amendments to this Agreement
No Injunctive Relief
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
Assignment and Delegation
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Giift.com Corporation for any third party that assumes our rights and obligations under this Agreement.
Potential Other Rights and Obligations
You may have rights or obligations under local law other than those enumerated here if you are located outside the Republic of Singapore.