1. TERMS OF SERVICES
Giftwell (“We”, “Us”, or “Our”) provides the website located at www.giftwell.hk (“Website”), and related services (the Website, and such services are collectively, the “Services”). This Terms and Conditions Agreement (“Agreement”) sets forth the legally binding terms for your purchase, use and redemption of the Services and Products (described below). The terms “you” and “your” mean the person purchasing, using or redeeming the Services or Products. THIS AGREEMENT CONTAINS, AMONG OTHER
THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER. By clicking on any button that demonstrates your assent to the Agreement, accessing or using the Services, or giving, using, or redeeming a Product or Products (a) you
acknowledge that you have read, understand, and agree to be bound by this Agreement and (b) you are of legal age and not prohibited by law from accessing or using the Services, or giving, using, or redeeming a Product or Products. If you do not agree
to be bound by all of the terms in this Agreement, you do not have permission to use the Services or the Products.
2. DESCRIPTION OF SERVICES
Subject to your compliance with this Agreement, Giftwell will provide the following Services to you. We assist in your purchasing and receiving of gift cards, certificates, and other products (“Products”) for use at our third party vendors who have partnered with Giftwell (“Vendor Partners”). When you place an Order for a Product from a Vendor Partner, we notify the applicable Vendor Partner of your Order. We also notify the purchaser and recipient of the Order. You acknowledge and agree that the applicable vendor partner, not Giftwell, is the issuer of the Products and solely responsible for honoring the Products. All of our cards are
denominated in HK Dollars (HKD). Giftwell cards must be spent all at once in a single transaction. If the value of your intended purchase is lower than the value of your gift card, you will forgo the remaining amount on your card. Giftwell cards cannot be returned or redeemed for cash as all sales are final. Giftwell is also unable to replace or refund lost, stolen, altered, or damaged gifts. The expiration date on Giftwell cards is two months from the date the gift is delivered. The card must be used on or before the expiration date marked on every card.
3. AVAILABILITY OF SERVICES
You acknowledge and agree that the availability of the Services, including the delivery of SMS messages and the availability of web-based browsing is dependent on your mobile phone, internet service provider and Carrier. You acknowledge that the Services may differ depending on the Carrier with whom you maintain an account and that Carrier’s ability to support the Services. Giftwell is not responsible for the act or omission of any Carrier, any limitations imposed by such Carrier, or such Carrier’s ability or inability to support the Services. You agree to pay all fees charged by your Carrier in connection with your use of the Services. You acknow-
ledge and agree that these rates depend on the applicable Carrier and your personal subscription package with that Carrier. In addition, Giftwell is not responsible for any limitations of the internet or your mobile phone. In the event your Carrier or mobile phone fails to deliver any communication to Giftwell in timely fashion, due to, but not limited to, mobile network failure, non-compatibility
of your phone model with the Services, lack of reception, lack of battery power, you acknowledge and agree that Giftwell shall not be liable for any associated loss or damage. In addition, Giftwell is not liable for any user error in using the Services, including submission of an Order.
4. PERMITTED USE
The Services are for your personal and non-commercial use. You agree that you will not use the Services or duplicate, reproduce, copy, download, publish, modify, make derivative works of, distribute, display, use, or otherwise commercially exploit the Services or Agreement for any purpose, except to review the information or place and pay for Orders. You shall not access the Services in order to build a similar or competitive product or service. The Service is only to be used as it was intended and outlined in this Agreement and the Website. All other uses are prohibited. You may not attempt, authorize, encourage, or support others’ attempts,
to circumvent, reverse engineer, reverse compile, decrypt, break, or otherwise alter or interfere with the Services. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Services, or any content con-tained therein. You agree not to upload any computer viruses, worms, or any software intended to damage or alter a computer system or data to the Services. Any future release, update, or other addition to functionality of the Service made available to you by Giftwell shall be subject to the terms of this Agreement.
5. MODIFICATION OF SERVICES
Giftwell reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including removing, adding, or modifying the Website, related services, Products and/or Vendor Partners. Giftwell shall have no liability to you for any modification or discontinuation of the Services. If you object to any such changes, your sole recourse shall be to cease using the
Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.
6. PAYMENT & BILLING
You agree to pay for the full cost of the Products that you Order, as set forth during your Order process. You assume all liability for and shall promptly pay any and all such charges. You agree that all Orders made by you cannot be exchanged and are non-refundable.
7. VENDOR PARTNERS & VENDOR RESPONSIBILITY
By agreeing that the applicable Vendor Partner, not Giftwell, is the issuer of the Products and that the applicable Vendor Partner is solely responsible for honoring the Products, you are agreeing that the applicable Vendor Partner shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities, and costs suffered by you or any recipient of a Product you purchase or acquire, caused in whole or in part by the Vendor Partner or its products and services, as well as for any liability under laws. You further agree and acknowledge that Giftwell is not responsible for any Vendor Partner or their condition on honoring the
Products. Giftwell provides the Services only as a convenience and does not make any representations with respect to Vendor Partners or Products. You purchase all Products toward Vendor Partners at your own risk. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with the use of the Services or Agree-ment must be filed within one year after such cause of action arose or be forever barred.
Giftwell owns all rights, titles and interests in and to the Services, including the Website and all materials and content contained therein, including, without limitation, all content, site design, logos, button icons, images, digital downloads, data compilations, text, and graphics. All such items are protected by copyright, trademark and other intellectual property laws. Any unauthorized use of
such items is strictly prohibited. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Giftwell and its suppliers reserve all rights not granted in this Agreement.
Giftwell may suspend your ability to use the Services or may terminate this Agreement effective immediately, without notice or explanation. The Services may be suspended if we receive excessive charge backs on the credit card associated with your Orders or if you are believed to be in violation of any part of this Agreement. After any suspension or termination, you may or may not be
granted permission to re-use the Services again. You agree that Giftwell shall not be liable to you for any termination of this Agree-ment or for any effects of this termination. You are always free to discontinue your participation and use of the Services at any time.
10. DISCLAIMER OF WARRANTIES
THE SERVICES (INCLUDING THE WEBSITE) ARE PROVIDED “AS-IS” AND “AS AVAILABLE”. WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES: (A) WILL MEET
YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;
OR (C) WILL BE VIRUS FREE, FREE OF HARMFUL COMPONENTS, ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE, OR (D) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOU AGREE TO USE THESE SERVICES AT YOUR OWN RISK.
11. EXCLUSION OF DAMAGES
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CON-SEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SER-VICES (INCLUDING THE WEBSITE) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR LOSS OF DATA RESULTING THEREFROM. NOT-
WITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE PRICE YOU PAID FOR YOUR MOST RECENT ORDER OR $500 HONG KONG DOLLARS.
WITHOUT LIMITING THE FOREGOING, GIFTWELL WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR LOSSES DUE TO THEFT, AND OTHER FACTORS OUTSIDE OF GIFTWELL’S CONTROL.
You also agree to indemnify and hold harmless Giftwell and its representatives, agents, affiliates, directors, managers, officers, employees and shareholders (the “Indemnified Parties”) from and against any liability, damage, loss, cost or expense (including attorneys’ fees) incurred in connection with any third-party claim, demand, proceeding or action (“Claim”) brought against any of the Indemnified Parties arising out of your use of the Services or any alleged breach by you of any provision of this Agreement.
You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of Vendor Partners.
14. CHANGES TO AGREEMENT
This Agreement is subject to occasional revision, and if we make any substantial changes, we will notify you by sending you a SMS text or email and/or by prominently posting notice of the changes on our Website. Any material changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of a SMS text or email to you (if applicable) or thirty (30)
calendar days following our posting of notice of the changes on our Website. These changes will be effective immediately for new users of the Services. Continued access or use of the Services or giving, using, or redeeming a Product or Products following notic of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located on particular pages of the Website.