Terms and Conditions V 1.1
Please read the following terms and conditions (‘Terms’) carefully as your use of this website and its features and services is subject to your acceptance of and compliance with the following terms.
By subscribing to or using this website or any of its features or services, you give your consent that you have read and understood all the terms very carefully and are bound by it. If you do not want to be bound by the Terms,you must not use or subscribe to our services.
In this Terms, reference to Customgiftings.com website, we, us, our shall mean Customgiftings.com, “service providers” mean independent third party service providers and you, your, user shall mean the end user accessing this website, its contents and services offered through us.
Use of this website and its services and features is offered to you conditioned on acceptance without modification of all terms, conditions and notices contained in this website, as may be posted on this website from time to time.
Customgiftings.com at its sole discretion reserves the right to change and modify these terms without any notice and without assigning any reason thereof. You are therefore advised to read these Terms from time to time. We at our sole discretion reserve the right to reject, suspend or terminate any user from registering on the website without assigning any reason thereof.
Use of this site:
(A)Limitation of use
User agrees to and undertakes not to copy, reproduce, modify, distribute, transmit, publish, license or sell anything in any form that is given in this website. Limited use is permitted with the prior written consent from us.
(B) User conduct and rules
User agrees and undertakes not to post or upload anything that is illegal and socially inappropriate. These include but not limited to:
Violate the legal rights of others.
Violate any applicable laws or regulations.
Violate any of the terms and conditions of this website or any other terms and conditions for the use of the Website contained elsewhere herein.
Violate any code of conduct or other guidelines, which may be associated or applicable for or to any product of this website.
Remove any copyright or other proprietary notations from the materials.
Attempt to reverse engineer any material of this website.
Defame, abuse, stalk, threaten, harass others.
Publish, post, upload or spread any inappropriate, defamatory, profane or indecent information relating to anyone.
User Warranty and Representation
The user guarantees, warrants, and certifies that they are the owner of the content which they submit or otherwise authorised to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by Customgiftings.com/Customgiftings.com. You acknowledge that you shall be held responsible in case of violation by you of any copyright, intellectual property right or other rights.
We at our sole discretion reserve the right to suspend or terminate the registration of any user who is found to be not complying with the Terms of this website.
We provide many services; one such service is enabling the user to purchase original products such as clothing and other gift items. Upon placing an order we shall ship the product to you and be entitled to its payment for the service provided.
You agree that you will indemnify and hold harmless Customgiftings.com/ Customgiftings.com and its directors, officers, shareholders, and agents from any and all claims, demands, actions, suits, losses, costs, charges, expenses, damages and liabilities whatsoever arising in connection with your use of the Customgiftings.com/Customgiftings.com websites, including but not without limiting the generality of the foregoing, all costs and expenses (including legal expenses) incurred in connection with any such loss or damage.
Limitation of Liability and disclaimer of warranty
We try our level best to deliver you accurate and timely content. However products on Customgiftings.com are provided ‘as is’. We make no warranties of any kind express, statutory or implied. Customgiftings.com does not warrant or make any representations regarding the quality, accuracy or completeness of any data, images, information, product or service. Images are only for representation purpose only, actual product may vary. In no event shall we be liable for any direct, indirect, punitive, incidental, consequential damage or any other damages or injuries resulting from but not limited to (a) the use or inability to use this website. (b) the delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the website. (c) the failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. (d) the use of any product from the website. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. (e) loss of revenue, loss of profits, loss of business or loss of data.
We shall not be liable to any damages even if customgiftings.com or its authorized representative has been notified orally or in writing of the possibility of such damage, as some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
We shall not be liable for the delay or non-delivery of goods due to flood, fire, war or any natural calamity or any cause that is beyond our control.
The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
Users are solely liable for maintaining the confidentiality of their password and we cannot be held responsible for any password theft or any consequences arising from the same. However we take adequate security measures to keep all data secure and may not use it in any manner other then contacting you in case if required or subscribed to newsletters.
In spite of our best efforts and intentions we may misprice some items. However, we verify prices as part of our departure process. But due to certain fluctuations in currencies and other aspects it cannot be controlled, There are two scenarios arising out of mispricing:
If the stated price is more than the actual price, we charge the lower amount and send you the item.
If the stated price is less than the actual price, we will cancel the order and notify the same to you.
Links to third party websites
Our website may contain links to other websites. We do not have any control over these websites. We cannot be held responsible for any consequences resulting from the use of these websites. Inclusion of third party links does not warrant any endorsement from us. You are advised to exercise caution and verify the accuracy of all the information provided on these websites on your own.
The logos, trademarks, service marks displayed on customgiftings.com and customgiftings.com are registered and unregistered trademarks of customgiftings.com/Customgiftings.com, our partners and other third parties. You are prohibited from using any logo, trademark or service mark for any purpose without the written consent of the respective owner.
If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, the Terms Of Service or the right to use the Website by the Users contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
Any dispute arising in relation to this agreement would be exclusively subjected under the jurisdiction of Chandigarh court.
CustomGiftings.com reserves the right to change / update in Full or any part of terms and conditions without prior notice.
Copyright © CustomGiftings.com 2015. All rights reserved.