Terms & Conditions
TERMS OF SERVICE
These Terms of Service govern your rights and obligations, as users of the portals administered and managed by eGiftoo.Unless otherwise provided by eGiftoo, all new portals introduced and managed by eGiftoo shall be governed by these Terms of Service.
By registering an account with eGiftoo and accessing any of the Portals, you acknowledge and accept that your usage of the Portals (or any of them) shall be governed by these Terms of Service and any other specific rules, procedures, terms and conditions for the products, services or facilities offered as determined or as may be amended by eGiftoo at any time or from time to time at its absolute discretion.
In these Terms of Service, the following words and expression shall have the following meanings unless the context otherwise requires:
Account: means your account duly registered with eGiftoo to facilitate you using the Services available on the Portals (or any of them);
Buyer: means a person who purchases items on the Portals;
Gift Card: means an electronic gift card purchased on any of the Portals which contains a stored value available for redemption on the Portals;
Items: means the goods and services listed by you for sale on the Portals and “Item” shall mean any one of them;
Parties: means collectively, eGiftoo and you and “Party” shall mean any one of them;
Portals: means collectively, the web portals presently known as eGiftoo.com and such other web portals of eGiftoo administered and managed by eGiftoo;
Services: means the services provided by eGiftoo on the Portals, including, without limitation, reselling and retailing online games and related merchandises, games publishing, online marketplace for sale of Items, subject to the conditions in these Terms of Service;
Purchased Item: means your item listed on the Portals purchased by the Buyer;
Store Credit: means the electronic credit value available in the Account at any time;
Terms of Service : means these Terms of Service governing the use of the Services by you as may be amended at any time and from time to time as and when eGiftoo shall in its absolute discretion deems necessary and shall include: (i) any rules, procedures, Terms of Service for products, services or facilities, as determined by eGiftoo from time to time; and (ii) any documents, directives, correspondence and agreements referred to in these Terms of Service and forming a part hereof, together with any amendments made at any time or from time to time to any of the foregoing; and
2. Licence to Use
In consideration of you agreeing to these Terms of Service and your continuing observance and compliance of these Terms of Service, eGiftoo hereby grants you a non-exclusive, non-transferable licence to access the Portals and use the Services upon the terms and subject to the conditions stated herein.
3. Representations and Warranties
Each time when you access the Portals (or any of them), you irrevocably and unconditionally represents and warrants that:
You are above 18 years old. Should you be less than 18 years old, your parents are aware and have consented to you accessing the Portals and using the Services;
Your personal information and the documentation submitted in this respect, including, without limitation, your full name, telephone number, correspondence address and email address, are true and accurate. You shall forthwith notify us in writing of any changes in your personal information;
You shall keep the password to the Account secure and confidential. You shall not at any time and under any circumstances reveal or disclose the your password to the Account to any unauthorized party and shall take all steps to prevent the disclosure of the password to the Account to any unauthorized party;
Save as otherwise permitted by eGiftoo, you shall not, directly or indirectly, use the Services for any commercial purposes;
You shall not to use the Portals or the Services (or any of them) to conduct any fraudulent, immoral or illegal activities or such activities that may infringe the intellectual property rights of third parties;
You shall not use any intellectual property belonging to eGiftoo or any publishers listed on the Portals, including, without limitation, trademarks or trade names, whether registered or not, without the prior written consent of eGiftoo; and
You shall not be disruptive, be offensive or be a nuisance in any manner whatsoever to other users of the Portals or the employees of eGiftoo.
You shall not directly or indirectly recruit and/or poach any customers obtained from the usage of the portals.
4. Use of Services
You shall procure, at your own costs and expenses, the requisite equipment and software to connect and access the Portals and the ensuing use of the Services. You shall bear all charges and fees imposed by third parties in relation to and in connection with you connecting your equipment to the Portals (or any of them)
It is your primary responsibility to ensure that you are acquainted with the guidelines and procedures for the use of the Services that eGiftoo may issue from time to time. eGiftoo shall not be liable for any errors, losses or damages caused by your use of the Services.
It is your responsibility to secure the information of your Account. Any notification or confirmation received by eGiftoo from your Account shall be deemed to have been issued by you notwithstanding that such notification or confirmation may have been issued by a third party, whether authorized or otherwise, and you shall be bound by such notification or confirmation.
eGiftoo shall not be liable for acting on the notification or confirmation sent through your Account. eGiftoo shall not be obliged to investigate the authenticity or authority of persons effecting the notification or confirmation or verify the completeness of such notification or confirmation. Such notification or confirmation shall be deemed irrevocable and binding on you upon receipt by eGiftoo notwithstanding any error, fraud, forgery and lack of clarity or misunderstanding in respect of the terms of such notification or confirmation. You shall immediately notify eGiftoo upon receipt of incomplete, garbled or inaccurate data or information from eGiftoo. You shall also immediately notify eGiftoo upon receipt of any data or information which is not intended for you and you shall delete such data or information from your Account.
You acknowledge and agree that eGiftoo may at its absolute discretion refuse or permit you to use the Services without giving any reason or notice thereof.
Unless otherwise permitted by eGiftoo in writing, you shall not upload, post, email transmit or otherwise make available any unauthorized or illegal activities on the Portals or directly to other users of the Portals.
You shall not upload, post, email, transmit or in any other manner whatsoever make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment, including, without limitation, the Portals.
You irrevocably and unconditionally allow and permit eGiftoo to send to your Account updates on services and events offered or provided by eGiftoo.
You may pay for the Services in such currency that is available on the Portals in accordance with the prevailing exchange rate determined by eGiftoo at its absolute discretion.
You shall be solely liable to make payments and applicable taxes, if any, in relation to and in connection with the usage of the Services (or any of them) through the Account.
eGiftoo shall have the absolute discretion to cancel any payment request made by you without assigning any reasons whatsoever.
eGiftoo shall be entitled to vary or modify or remove the modes of payment available on the Portals (or any of them) at any time without prior notice to you.
You are responsible for any fees, taxes or other costs associated with the purchase and delivery of your items resulting from charges imposed by your relationship with payment services providers or the duties and taxes imposed by your local customs officials or other regulatory body.
For customer service inquiries or disputes, You may contact us by email at Support@eGiftoo.com.
Where possible, we will work with you and/or any user selling on our website, to resolve any disputes arising from your purchase.
6. Availability of Services
The Services are usually available on a daily basis unless otherwise specified herein.
There may be certain times that the Services may not be available due to maintenance or malfunction of the Portals or such other reasons beyond the control of eGiftoo. eGiftoo makes no warranty that the Services will be available at the times stated herein.
Unless otherwise provided in these Terms of Service, eGiftoo shall be entitled at its absolute discretion, without notice to you, to change the procedures, the mode of operation of the Services at any time and from time to time for any reason whatsoever.
Notwithstanding any provisions to the contrary in these Terms of Service, eGiftoo shall be entitled to:
immediately terminate, discontinue, withdraw or suspend your use of the Services without notice; or
impose conditions or restrictions on your use of the Service without notice.
7. Store Credit
You can maintain Store Credit in the Account before you use the Services.
Store Credit can be topped-up in the Account through the payment methods listed on the Portals.
eGiftoo shall, as and when it deems fit, amend, modify, remove or add any Store Credit or Store Credit account without prior notice to you.
8. Limitation on Liability
You agree and confirm that you shall not hold eGiftoo, its employees, agents or licensees, liable for any special, incidental or consequential damages arising out of and in relation to the Services or these Terms of Service.
9. Intellectual Property Rights
All copyrights, trade marks, service marks belong to the corresponding owners/publishers and eGiftoo is not related or associated to any of the said owners/publishers in any respect. All services offered on the Portals are offered by eGiftoo, not the owners/publishers.
10. Reliability of Portals
You are aware that all transactions conducted on the Portals are through telecommunication and data network.
You are fully aware that your receipt of the notification from eGiftoo and vice versa may be delayed or prevented by factors affecting the relevant service providers and other relevant parties. You accept that eGiftoo cannot guarantee the prompt delivery of such notification or confirmation.
You acknowledge and confirm that you shall take all steps and measures to check and verify the transaction history of your Account.
You shall immediately notify eGiftoo if you are aware or believe your Account has been hacked or compromised.
You shall be liable for all transactions conducted through your Account at any time prior to the receipt by eGiftoo of your notification.
12. Disclosure of Information
eGiftoo shall be entitled and you irrevocably and unconditionally consents and authorizes eGiftoo to the extent permitted by law, to disclose or release any information pertaining to you or your transactions through the Portals to such extent that eGiftoo may at its absolute discretion deem fit to:
such persons as eGiftoo may be required to disclose under the applicable law;
such other persons or entity pursuant to any governmental directive or order of the court; or
any other party whomsoever as eGiftoo deems fit.
eGiftoo will not disclose your personal information to any other party without prior notification to you.
13. Applicable Laws and Regulation
Your use of the Services shall be governed by the jurisdiction where the contracting entity of eGiftoo is domiciled.
Where required, you shall obtain the approval or consent or permission of the relevant regulatory authorities prior to using the Services.
For cross-border transactions, you shall not violate the laws existing in the countries involved in the transaction.
14. Suspension, Termination, Cancellation of Services
The Services (or any part thereof) may be cancelled by eGiftoo at any time without prior notice to you. After cancellation, the Services (or any part thereof) may be reinstated in such manner and on such Terms of Service as eGiftoo may at its absolute discretion determine.
eGiftoo reserves the right at all times to suspend or block access to and use of the Services (or any part thereof) for any reason whatsoever and for any length of time and upon any conditions that eGiftoo may at its absolute discretion determine.
Upon cancellation or termination of the Services (or any part thereof):
all rights granted to you hereunder shall immediately terminate and shall revert to eGiftoo;
you shall immediately pay to eGiftoo all outstanding fees and charges due and owing to eGiftoo;
eGiftoo may at its absolute discretion, decide not to act on any request received by eGiftoo after the effective date of termination;
eGiftoo may at its absolute discretion, decide not to act on any confirmation or request received by eGiftoo between the date of notice is given to you and the effective date of termination (if there is a lapse of time between the two dates); and
you hereby irrevocably and unconditionally authorises eGiftoo to deduct all money due and owing by you to eGiftoo (if any) from the moneys that are payable by eGiftoo to you in respect of the delivered Purchased Items.
All notices and documents required to be given by you under these Terms of Service to eGiftoo shall be sent to eGiftoo by registered post to the eGiftoo’ address listed on the Portals. Any notice or document sent by you to eGiftoo shall be deemed served when such notice or document is received by eGiftoo.
All notices and documents required to be given by eGiftoo under these Terms of Service to you shall be sent to you by any one of the following methods:
electronic mail to your last known electronic mail address according to eGiftoo’ records;
posting the notice or communication on the Portals;
notices placed with or in any of eGiftoo’ written communications to you;
notices placed through any media; or
any manner of notification as eGiftoo may at its absolute discretion determine.
Any notice or document or communication given by eGiftoo to you shall be deemed to be served and received by you on the day following the sending of such notice or document.
16. Waiver And Severance
Any failure by eGiftoo to enforce at any time or for any period any one or more of these Terms of Service shall not be a waiver of them or of the right at any time subsequently to enforce these Terms of Service.
In the event that any provisions of these Terms of Service is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable eGiftoo shall amend that provision in such reasonable manner as would achieve the intention of eGiftoo or at the discretion of eGiftoo it may be severed from these Terms of Service and the remaining provisions remain in full force and effect.
These Terms of Service may be modified, added to, deleted or varied by eGiftoo by way of posting on the Portals or in any such other manner as eGiftoo may in its absolute discretion determine.
You agree that continued use of the Services shall constitute your acceptance of these Terms of Service (as modified and varied from time to time).
You may not assign its rights under these Terms of Service without the prior written consent of eGiftoo.
19. Binding Effect
These Terms of Service shall be binding on your heirs, personal and legal representatives, estate, successors-in-title and permitted assigns (where applicable) you.