Terms of Service

Overview

Giftyzy is the operator of this website. The terms “we,” “us,” and “our” refer to Giftyzy throughout the site.

This website, along with all the information, tools, and services available on it, is offered to you, the user, by Giftyzy. However, your access to and use of these offerings are subject to your acceptance of all terms, conditions, policies, and notices mentioned on this website.

When you visit our site or purchase something from us, you are participating in our “Service” and agreeing to abide by the following terms and conditions (“Terms of Service,” “Terms”). These Terms of Service apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and contributors of content. Additionally, these terms include any other terms and conditions and policies that are referred to herein or available via hyperlink.

Please carefully read and understand these Terms of Service before accessing or using our website. By accessing or using any part of the site, you agree to be legally bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you are not permitted to access the website or use any of its services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools that are added to the website will also be subject to the Terms of Service. The latest version of the Terms of Service is always available on this page for your review. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for any changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Section 1 – Online store terms

When you agree to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have obtained the necessary consent to allow any of your minor dependents to use this site.

It is strictly prohibited to use our products for any illegal or unauthorized purpose, and when using the Service, you must comply with all applicable laws in your jurisdiction, including but not limited to copyright laws.

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 – General conditions

We reserve the right to decline service to anyone at any time for any reason.

Please note that your content (excluding credit card information) may be transmitted unencrypted and may involve (a) transmissions over various networks and (b) modifications to conform and adapt to the technical requirements of connecting networks or devices. However, credit card information is always encrypted during transfer over networks.

By using the Service, you acknowledge and agree that you will not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the service is provided, without our express written permission.

Please note that the headings used in this agreement are provided for convenience only and do not limit or otherwise affect these Terms in any way.

Section 3 – Accuracy, completeness and timeliness of information

We cannot be held responsible if the information presented on this site is inaccurate, incomplete, or not up-to-date. The material provided on this site is intended for general information purposes only, and you should not solely rely on it to make decisions without consulting more accurate, complete, or timely sources of information. Any reliance on the material on this site is entirely at your own risk.

This site may include historical information, which is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we are not obligated to update any information on our site. You acknowledge and agree that it is your responsibility to monitor any changes made to our site.

Section 4 – Modifications to the service and prices

Please note that prices for our products are subject to change without prior notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without prior notice.

You acknowledge and agree that we will not be held liable to you or any third-party for any modification, price change, suspension, or discontinuation of the Service.

Section 5 – Products or services (if applicable)

Please note that some products or services may only be available for purchase exclusively online via our website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Returns & Exchanges Policy.

We have taken every measure to display the colors and images of our products as accurately as possible on the website. However, please be aware that we cannot guarantee that the colors displayed on your computer monitor will be completely accurate.

We have the option, but not the obligation, to restrict the sales of our products or services to certain individuals, regions, or jurisdictions. We may use this option on a case-by-case basis. We also have the right to limit the quantities of any products or services we offer. Descriptions of our products and their prices may change without prior notice at our discretion. We reserve the right to stop selling any product at any time. Any offer for a product or service made on our website is not valid where prohibited.

We cannot guarantee that any products, services, information, or other materials you purchase or obtain from us will meet your expectations. We also cannot guarantee that any errors in our service will be fixed.

Section 6 – Accuracy of billing and account information

We have the right to decline any order you make with us. We may choose to limit or cancel the amount of products purchased per person, per household, or per order at our own discretion. These restrictions may include orders placed using the same customer account, credit card, and/or billing and/or shipping address. If we decide to cancel or modify an order, we may try to inform you by using the email and/or billing address/phone number you provided when placing the order. We have the option to limit or forbid orders that, in our opinion, appear to be made by dealers, resellers, or distributors.

By using our store, you acknowledge that you are responsible for providing accurate and complete information when making purchases and managing your account. You agree to keep your account and other information up to date, including your email address, credit card numbers, and expiration dates, to ensure that we can process your transactions and communicate with you as necessary.

For more detail, please review our Returns Policy.

Section 7 – Optional tools

We may give you access to third-party tools that we do not monitor, control, or have any say over.

You recognize and accept that we offer access to these tools “as is” and “as available,” without any kind of guarantees, representations, or conditions, and without endorsing them. We have no responsibility for any liability arising from or related to your use of optional third-party tools.

Your use of any optional tools provided on the website is completely at your own discretion and risk, and you should ensure that you understand and agree to the terms under which these tools are provided by their relevant third-party provider(s).

We may also decide to offer new services and/or features through the website, such as releasing new tools and resources. Such new features and/or services will also be subject to these Terms of Service.

Section 8 – Third-party links

Some of the content, products, and services available through our Service may contain materials from third parties.

Links to third-party websites on this site may redirect you to websites that are not related to us. We do not examine or evaluate the accuracy or content of these websites, and we make no guarantees and disclaim all liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We cannot be held responsible for any harm or damages that may arise from purchasing or using goods, services, resources, content, or any other transactions that involve third-party websites. Before engaging in any transaction, it is essential that you carefully review the policies and practices of the third-party involved and ensure that you comprehend them. If you have any complaints, claims, concerns, or questions related to third-party products, you must contact the third-party directly.

Section 9 – User comments, feedback and other submissions

If we request that you submit particular materials, such as contest entries, or if you choose to send us creative ideas, suggestions, proposals, plans, or other materials (collectively, “comments”), whether through online means, email, postal mail, or any other method, you agree that we may use, edit, copy, publish, distribute, translate, and otherwise utilize such comments in any medium, without any limitations or restrictions. We are not obligated (1) to keep any comments confidential; (2) to compensate you for any comments; or (3) to respond to any comments.

We reserve the right to monitor, edit or remove any content that we, at our discretion, deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or objectionable, or that infringes upon any party’s intellectual property or violates our Terms of Service. However, we are not obligated to do so.

By commenting on our website, you agree that your comments will not infringe upon any third-party rights, including copyright, trademark, privacy, personality, or any other personal or proprietary right. You also agree that your comments will not contain any libelous, unlawful, abusive, or obscene material, or any computer virus or malware that could harm the Service or related websites. You must not use a fake email address or impersonate someone else, and you must not deceive us or any third parties regarding the origin of your comments.

You are solely responsible for the accuracy and content of your comments. We are not responsible for any comments posted by you or any third-party and assume no liability for them.

Section 10 – Personal information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

Section 11 – Errors, inaccuracies and omissions

From time to time, our website or Service may contain information that includes typographical errors, inaccuracies, or omissions. These may pertain to product descriptions, prices, promotions, offers, shipping charges, transit times, or availability.

We maintain the right to correct any such errors, inaccuracies, or omissions, and to modify, update, or cancel any information or orders if we identify any inaccuracies in the Service or on any related website, at any time, without prior notification (even after you have already submitted your order).

We are not obligated to update, modify, or clarify any information presented in the Service or on any related website, including pricing information, unless it is required by law. Any specified update or refresh date mentioned in the Service or on any related website should not be considered an indication that all information in the Service or on any related website has been updated or modified.

Section 12 – Prohibited uses

In addition to any other prohibitions outlined in the Terms of Service, the use of the site or its content is strictly prohibited for the following purposes:

(a) For any unlawful purpose; (b) To encourage or persuade others to engage in unlawful activities; (c) To violate any federal, provincial, state, or international regulations, rules, laws, or local ordinances; (d) To infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) To provide false or misleading information; (g) To upload or transmit viruses, malware, or any other harmful code that may affect the operation or functionality of the Service, related websites, or the Internet; (h) To collect or track personal information of others; (i) To engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping activities; (j) For any immoral or obscene purpose; or (k) To interfere with or bypass the security measures of the Service, related websites, or the Internet. Violation of any of these prohibited uses may result in the termination of your use of the Service or any related website.

Section 13 – Disclaimer of warranties; limitation of liability

We cannot guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We cannot warrant that the results obtained from the use of the service will be accurate or reliable.

We reserve the right to remove the service for indefinite periods or cancel the service at any time without prior notice.

You agree that your use of, or inability to use, the service is entirely at your own risk. The service, and all products and services provided to you through the service, are provided “as is” and “as available” for your use, without any representation, warranty, or condition of any kind, either express or implied, including but not limited to any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, except as expressly stated by us.

Under no circumstances shall Giftyzy, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any damages of any kind, including, without limitation, direct, indirect, incidental, punitive, special, or consequential damages, arising from your use of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of the possibility of such damages. This limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, our liability shall be limited to the maximum extent permitted by law.

Section 14 – Indemnification

You agree to defend, indemnify, and hold harmless Giftyzy and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorney fees, made by any third party arising out of or relating to your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Section 15 – Severability

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, the remaining provisions shall remain in full force and effect. The unenforceable provision shall be deemed severed from these Terms of Service, and the remainder of the provisions shall be enforced to the fullest extent permitted by applicable law.

Section 16 – Termination

The parties shall remain obligated and liable for any commitments or obligations incurred before the termination date, which shall survive the termination of this agreement for all purposes.

These Terms of Service shall remain in effect unless terminated by either party. You can terminate these Terms of Service at any time by notifying us of your intention to discontinue using our Services or by ceasing to use our site.

We reserve the right to terminate this agreement at any time without prior notice if we suspect or determine, in our sole judgment, that you have failed to comply with any provision of these Terms of Service. In such a case, you will remain liable for all amounts owed up to and including the date of termination, and we may deny you access to our Services or any part thereof.

Section 17 – Entire agreement

If we fail to enforce any of the rights or provisions outlined in these Terms of Service, it does not mean that we waive these rights or provisions.

These Terms of Service, along with any policies or rules we post on this site or with respect to the Service, constitute the complete agreement and understanding between you and us regarding your use of the Service. These terms replace any prior or contemporaneous agreements, communications, or proposals, whether written or oral, between you and us (including, but not limited to, any previous versions of these Terms of Service).

Any uncertainties or ambiguities in interpreting these Terms of Service will not be interpreted against the party that wrote them.

Section 18 – Governing law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by.

Section 19 – Changes to terms of service

You may access the latest version of the Terms of Service at any time by visiting this page.

We may update, modify, or replace any part of these Terms of Service at any time at our sole discretion by posting the updated terms on our website. You are responsible for checking our website periodically for changes. By continuing to access or use our website or the Service after any modifications or revisions are posted, you agree to be bound by the updated Terms of Service.

Section 20 – Contact information

Questions about the Terms of Service should be sent to us here.