TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS THAT APPLY TO THE USE OF OUR WEBSITE
Please pay specific attention to the BOLD paragraphs. These paragraphs limit the risk or liability of GiftThem.net, constitutes an assumption of risk or liability by you, impose an obligation by you to indemnify GiftThem.net or is an acknowledgement of any fact by you.
TERMS OF WEBSITE USE
- By accessing our website, you agree, and we assume, that you have read, understood and agree to be bound to the terms and conditions contained herein;
INFORMATION ABOUT US
- Website: Our website is owned and operated by PAYTHEM PROPRIETARY LIMITED (“PayThem” “GiftThem.net”, "we ", “us”, “our”)
- For more information about us, click here .
CHANGES TO THESE TERMS AND WEBSITE
- We may update our website from time to time, and may change the Content at any time.
- We may stop publishing our website at any time without notice and will not be responsible for any consequences.
- Please note: The Content on our website is provided for general information purposes only and that the Content may be out of date at any given time or not an accurate presentation of the exact product or service that you may acquire. Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the Content on our site is accurate, complete, free from errors or omissions or up-to-date.
- We will do our best to fix any fault in the website as soon as reasonably practical after we find out about it. This is the limit of our responsibility and liability for any fault in the website.
- Your use of any Information on this website is entirely at your own risk.
- It shall be your own responsibility to ensure that any products, services or materials available through this website meet your specific requirements.
ACCESSING OUR WEBSITE
- Access to our website is made available free of charge.
- Access to certain functionalities of the GiftThem.net Platform and execution of certain transactions may require you to register as a user and create a profile on our website or mobile app. Access to the functionalities and to be able to transact will be subject to our Terms of Supply.
- Nobody under the age of 16 is allowed to create an account to transact on our website.
- You can only create and maintain one account;
- We may require email address verification and/or mobile number verification before allowing you to transact on our website.
- When you register and create an account with us, you must provide a unique username / email address and password and provide us with information and personal details that is accurate, complete, and current at all times.
- You are responsible to protect and treat your username and password as confidential.
- You are responsible for the activity that happens on or through your account. Where your username and password was entered correctly to access your account without authorisation or by fraudulent means, you will be liable for payment of such order, save where you have cancelled the order in accordance with our Terms of Supply;
- If you learn of any unauthorised use of your account, change the password immediately and notify us in writing as soon as possible.
- We do not guarantee that our website, or any Information/ Content on it, will always be available or be uninterrupted. Access to our website is permitted on a temporary basis.
- We may suspend, terminate, withdraw, discontinue or change all or any part of our website (including, but not limited to the services/products/materials available) without notice to you. We will not be liable to you if, for any reason, our website is unavailable at any time or for any period.
- You are responsible for making all arrangements necessary for you to have access to our website, including, but not limited to, mobile data and the costs associated with it. We do not guarantee that our website, or any portion thereof, will function on any particular hardware or devices. In addition, use of our website may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
RIGHTS GRANTED TO YOU
- We may terminate this licence at any time for any reason without notice.
- Any rights not expressly granted herein are reserved by us.
- You agree to use this website only for the purpose for which it is intended.
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- in any way that encourages any illegal activity;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (for example: Spam);
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware into our website or the Content used by us or any other Users of our website;
- to access or attempt to access, without authority, interfere with, damage, alter, corrupt or disrupt any data or part of our website or the equipment or network on which the website is stored; and/ or
- in any way to facilitate or assist any third party to do any of the above.
- remove any copyright, trademark or other proprietary notices from any portion of our website;
- reproduce, copy (direct or in-direct), modify, adapt, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our website (or any part thereof) or any Content therein;
- decompile, reverse engineer or disassemble our website, Content or the Services;
- cause or launch any programs or scripts for the purpose of scraping, mirroring, indexing, surveying, or otherwise data mining any portion of our website or unduly burdening or hindering the operation and/ or functionality of any aspect of our website;
- frame our website or any part thereof;
- access or use our website or the Content through automated means, including through the use of robots, spiders, or offline readers (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of our website or the Content and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorised content);
- transmit content that the user does not own or does not have the right to publish or distribute; and/ or
- attempt to gain unauthorised access to or impair any aspect of our website or its related systems or networks.
- E-mail addresses, names, telephone numbers, physical addresses and/ or fax numbers published on our website may not be incorporated into any database used for commercial purposes or electronic marketing or similar purposes. The presentation of such details is no “opt-in” / permission from us to utilise same.
You may not use our website or Content:
You may further not:
LINKING TO OUR WEBSITE
- You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, or provide a link to our website in any website that is not owned by you.
- We reserve the right to withdraw linking permission without notice to you.
- The website (“the website”) in which you are linking must comply in all respects with these terms and conditions and must confirm to all users of the website that we are not associated with the website.
CONTENT AND LINKS IN OUR WEBSITE
- We do not purport to own the content on the other websites which may be shown on our website. Should the owner of any content showcased on our website(s) want the content to be removed, please write to us by using the contact facility on our Contact page (click here) to request the removal of such content.
- Your access and use of the other websites remain solely at your own risk and on the terms set by the relevant third party.
- Social networks: You agree that when accessing, using and/or posting or uploading any content or materials of any kind to our social network pages (including but not limited to Facebook, LinkedIn, YouTube or any other facility made available by us from time to time), you will-
- not use the social network page communication facility in any improper or unlawful manner or in breach of any legislation or licence that applies to you;
- not harass others or disclose personal information about others that could amount to harassment;
- not submit, publish, post, upload, store, distribute or disseminate any defamatory, infringing, offensive, obscene, indecent, harmful, confidential, hateful, threatening or otherwise illegal or objectionable material or information;
- not submit, post or upload files that contain software or other material the intellectual property rights in which are owned by any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents;
- not upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the social network page or any other computer;
- not impersonate any person or entity, or falsely state or otherwise misrepresent yourself in any way;
- not promote any activity that is illegal;
- not use software to harvest information from the social media network page;
- not submit any material which is prohibited by any applicable data protection or privacy legislation;
- only upload or submit material to the social network page which either you own or which you have the permission of the owner of that material to submit;
- Social media is not a medium for conflict resolution or lodging complaints. Complaints should be sent by using our Contact page.
INTELLECTUAL PROPERTY RIGHTS
- Any use, distribution or reproduction of our Content or this website is prohibited unless expressly authorised in writing by us.
- You may copy, and may download extracts, of any page(s) from our website for your personal use and to determine whether you wish to acquire the Products or Services advertised on our website. You may draw the attention of others to Content posted on our website or by sharing same via social networks or other means available.
- You must not modify the copies of any materials you have printed off or downloaded from our website in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or claim that it is yours. Our status as the authors and/or owners of Content on our website must always be acknowledged.
- You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on our website or the underlying software code, whether in whole or in part, without our written consent first being granted, which consent may be refused at the discretion of GiftThem.net.
- Nothing contained in our website should be construed as granting any licence or right to use any intellectual property without the prior written permission from GiftThem.net.
- We reserve the right to make improvements or changes to the intellectual property, information, artwork, graphics and other materials on our website, including that of a user in their profile.
LIMITATION OF OUR LIABILITY
- WE PROVIDE OUR WEBSITE TO YOU ON AN “AS-IS” AND ON AN “AS-AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO OUR WEBSITE OR ANY CONTENT ON IT, WHETHER EXPRESS OR IMPLIED. WE MAKE NO REPRESENTATION, GUARANTEE OR WARRANTY REGARDING THE TIMELINES, QUALITY, RELIABILITY, SUITABILITY, ACCURACY, CORRECTNESS OR AVAILABILITY OF OUR WEBSITE OR ANY OF OUR PRODUCTS OR SERVICES OR OTHER INFORMATION, OR THAT PROVIDED BY ANOTHER USER, THROUGH THE USE OF OUR WEBSITE, OR THAT THE USE OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.
- YOU AGREE THAT IT IS WITHIN YOUR SOLE DISCRETION TO USE OUR WEBSITE, SELECTING PRODUCTS AND/OR SERVICES AND THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF OUR WEBSITE REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER ANY APPLICABLE LAW
- WE, OUR OWNERS, SHAREHOLDERS, AFFILIATES, PARTNERS, DIRECTORS, EMPLOYEES AND/ OR AGENTS (WHERE APPLICABLE) AND SUPPLIER (“INDEMNIFIED) SHALL NOT BE LIABLE IN DELICT, CONTRACT AND/OR LAW FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR CLAIMS OF ANY KIND WHATSOEVER OR HOWSOEVER CAUSED AND YOU ACCORDINGLY AGREE TO INDEMNIFY THE INDEMNIFIED.
- FOREIGN LAW MAY BE APPLICABLE TO YOUR USE OF THE SERVICES, PRODUCT AND/ OR OUR WEBSITE AND AS SUCH, YOU WARRANT THAT YOU ARE AT ALL TIMES ACTING IN ACCORDANCE WITH THE SAME FOREIGN LAW, AND INDEMNIFY US FROM ANY LIABILITY IT MAY ACQUIRE BY VIRTUE OF ITS SUPPLY OF THE WEBSITE, PRODUCTS AND/ OR SERVICES.
- WE WILL NOT BE LIABLE TO YOU FOR ANY DEFAULT OR DELAY IN THE PERFORMANCE OF OUR SERVICES OR DELIVERY OF THE PRODUCT TO YOU IF AND TO THE EXTENT THAT SUCH DEFAULT OR DELAY IS CAUSED BY ANY ACT OF GOD, ACT OF GOVERNMENT, (INCLUDING LEGISLATION OR PANDEMIC), WAR OR CIVIL DISTURBANCE, LABOUR UNREST, COURT ORDER, OR ANY OTHER CIRCUMSTANCE BEYOND ITS REASONABLE CONTROL INCLUDING FLUCTUATIONS IN COMMUNICATIONS OR UTILITY SERVICES ( "FORCE MAJEURE ") AND PROVIDED WE ARE OBVIOUSLY WITHOUT FAULT IN CAUSING SUCH DEFAULT OR DELAY, AND SUCH DEFAULT OR DELAY COULD NOT HAVE BEEN PREVENTED BY US THROUGH THE USE OF ALTERNATIVE SOURCES, WORKAROUND PLANS OR OTHER MEANS.
- DIFFERENT LIMITATIONS AND EXCLUSIONS OF LIABILITY MAY APPLY TO LIABILITY ARISING AS A RESULT OF THE SUPPLY OF PRODUCTS AND/ OR SERVICES BY US TO YOU, WHICH WILL BE SET OUT IN OUR SERVICE SPECIFIC TERMS AND CONDITIONS.
- WHERE THRE MAY BE ANY LIABILITY OUR LIABILITY TO YOU WILL NOT EXCEED THE TOTAL PRICE YOU PAID FOR THE PRODUCTS AND/OR SERVICES WHERE DAMAGES MAY HAVE INCURRED;
- THIS CLAUSE WILL SURVIVE TERMINATION OF THIS AGREEMENT.
- Although we are not obliged to provide security on our website, we feel it is important that your information, or any communication between us, is dealt with in the most secure manner reasonably possible. GiftThem.net takes reasonable security measures to ensure the safety and integrity of our website and to exclude viruses, unlawful monitoring and/ or access to our website. However, because of the nature of the Internet, we cannot guarantee that your communications with us via our website are completely secure at all times.
- It is our policy to virus check documents and files before they are uploaded to our website. However, we cannot guarantee that documents or files downloaded from our website will be free from viruses and we do not accept any responsibility for any damage or loss caused by any such virus. Accordingly, for your own protection, you must use virus-checking software when using this website. Further, you agree not to upload or provide, via our website, any document or file that may contain a virus. You are required to virus check any document or file which you intend to upload or provide to our website.
BREACH, SUSPENSION AND TERMINATION
- All costs, charges and expenses of whatsoever nature which may be incurred by us in enforcing our rights in terms hereof including, without limitation, legal costs on the scale as between an attorney and own client and collection commission, irrespective of whether any action has been instituted, shall be recoverable from you if the above rights are successfully enforced.
- The obligations and liabilities of users incurred prior to the termination shall survive the termination of these Terms for all purposes.
- No relaxation or indulgence, by either one of us to the other, shall constitute a waiver of the rights of that person and shall not preclude that person from exercising any rights which may have arisen in the past or which may arise in future.
APPLICABLE LAW AND JURISDICTION
CHANGE OF OWNERSHIP
ELECTRONIC COMMUNICATION AND CONTACT
- Any Data Messages sent by us to you shall be deemed to have been sent from the Premises.
- A Data Message is deemed to be
- By us, at the time shown on such message, or if not so shown, at the time shown on our information system; and
- By you, at the time when we confirm receipt thereof.
- A Data Message is deemed to be received:
- By us, only when an authorised representative responds thereto (excluding an automated response). Such acknowledgement does not give legal effect to that message, unless specifically indicated by us that it does; and
- By you, once it enters your information system.
- Attribution of Data Messages - You agree and warrant that any data message sent, from any computer or device that is owned by you or programmed by you, to us was sent by you.
- Website functionality or any other recommendations: Use the communication facility on our website (click here).
- Questions or queries about Products and related services: Contact us by way of our Contact page.
- Complaints: We kindly request that you contact us first should you have any complaints or any other issues. It is important to us that you are satisfied with your enquiry. You may use the contact information as per our Contact page. We will of course reply to your complaint as soon as practically possible, but wish to note that we stand under no legal obligation to resolve such complaint.
- Legal Documentation or Notices (hopefully this will never be required):
- Physical address in Australia: Clause 2 above;
- Legal enquiry: please use our Contact page (subject: “ LEGAL”). If you have a legal enquiry, we will use the email address supplied by you on our communication facility to respond to your legal question;
- If we are required to send you any legal documents or notices you agree that we can send it via electronic mail to your email address, or by written communication by way of registered post to your address or if delivery to the aforesaid addresses is not successful, then such contact details we may find about you on the Internet.
- Notwithstanding anything to the contrary herein, a written notice actually received by you or us, including a notice sent by telefax, shall be an adequate notice to it notwithstanding that it was not sent or delivered to the chosen address.
- Content means any information, content, images, video, audio, data, works of authorship, works of craftmanship, look and feel, materials, software or technology which may be displayed on, incorporated into, underlying or used to operate our website;
- Data Message means electronic data interchange, electronic mail, or any similar electronic message;
- GDPR means The General Data Protection Regulation 2016/679;
- Information means information about services, products and/ or materials as reflected on our website and/ or promoted via other sites of ours;
- Intellectual Property means but is not limited to, concepts, know-how, data processing techniques, copyrights, patents, designs (including our website ’s look and feel and layout), inventions, trademarks, tables and compilations of data which are created, invented and/or developed, registered or unregistered in our site and Content;
- Personal Information shall have the same meaning attributed to it in terms of the GDPR;
- Premises: means our premises inQueensland (Australia);
- Products means the products as reflected on our website and promoted via other sites of ours;
- Services means the services as reflected on our website and promoted via other sites of ours; and
- Users mean users of our website (including you!).
Any enquiries regarding any of the above relating to intellectual property must be directed to us via our Contact page (click here).
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