Effective Date: 30/4/2025
Welcome to Shreeja Fab! By using our website and purchasing our products, you agree to comply with and be bound by the following terms and conditions. Please read them carefully.
Standard Terms of Sale
Introduction
THESE STANDARD TERMS OF SALE ("TERMS OF SALE") IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF SALE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
THESE TERMS OF SALE IS A LEGALLY BINDING DOCUMENT BETWEEN BUYER AND SELLER WHERE THE SELLER HAS MADE THE OFFER TO SELL THE PRODUCTS BY LISTING THE SAME ON THE WEBSITE AND BUYER HAS ACCEPTED SUCH OFFER OF THE SELLER BY AGREEING TO BUY THE PRODUCT SO OFFERED ON THE WEBSITE. THESE TERMS OF SALE WILL BE EFFECTIVE AND BINDING ON THE SELLER UPON SELLER'S ADVERTISING, EXHIBITING AND CREATING A LISTING OF THE PRODUCT ON THE WEBSITE, AND SHALL BE EFFECTIVE AND BINDING ON THE BUYER UPON BUYER AGREEING TO PURCHASE THE PRODUCTS SO LISTED BY THE SELLER.
In these Terms of Sale, a User (whether guest user or registered user) who purchase various Products (as defined below) from the Seller on the website located at the URL www.giftkartist.com and mobile application under the name and style "Giftkartist" (the Website) is referred to as "Buyer" and the Seller is referred to as an individual or any legal entity who list, advertise, exhibit, offers to sell, make available, market, sale and deliver any Products through the Website to the Buyer (referred to as "Seller"). These Terms of Sale describe, inter alia, the terms of offer for sale/sale, acceptance of offer for sale by Buyer and the purchase of goods and services ("Products") through the Website from the Seller. These Terms of Sale also contains certain statements and disclaimers made by Giftkartist Limited ("Giftkartist") which shall be binding on Buyer and Seller, as the case may be. Sometimes both Buyer and Seller are collectively referred to as "You" with its grammatical variations and cognate expressions.
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE LISTING ANY PRODUCT OR BEFORE PURCHASING ANY PRODUCTS. THESE TERMS OF SALE ARE IN ADDITION TO VARIOUS AGREEMENTS, TERMS, PRIVACY POLICY, TERMS OF USE AND ALL OTHER POLICIES OF THE WEBSITE. SELLER MAY INCLUDE ADDITIONAL OR CONFLICTING TERMS AND CONDITIONS OF SALE IN THE PRODUCT LISTING OR PRODUCT DESCRIPTION AS MADE AVAILABLE ON THE WEBSITE ('ADDITIONAL TERMS OF SALE'). IF THERE IS ANY CONFLICT BETWEEN THESE TERMS OF SALE AND THE ADDITIONAL TERMS OF SALE, THE ADDITIONAL TERMS OF SALE SHALL TAKE PRECEDENCE TO THE EXTENT OF SUCH CONFLICT AND IN RELATION TO THAT SALE. IF A SELLER DOES NOT AGREE WITH THESE TERMS OF SALE, PLEASE DO NOT LIST OF MAKE ANY OFFER FOR SALE OF ANY PRODUCTS ON THE WEBSITE AND IF A BUYER DOES NOT AGREE TO THESE TERMS OF SALE AND ADDITIONAL TERMS OF SALE, PLEASE DO NOT BUY OR ATTEMPT TO BUY ANY PRODUCT LISTED ON THE WEBSITE.
These Terms of Sale are subject to revision at any time and hence both Buyers and Sellers are requested to carefully read these Terms of Sale from time to time before listing any Product or before making any purchase of the Products. The revised Terms of Sale shall be made available on the Website. If such a facility is provided, You may determine when these Terms of Sale were last modified by referring to the "Last Updated" legend provided above.
You are requested to regularly visit the Website to view the most current Terms of Sale. It shall be Your responsibility to check these Terms of Sale periodically for changes and Buyer should also check Additional Terms of
Sale of the Seller on the Product listing. You may be asked to provide Your specific consent to any updates in a specified manner before any further use of the Website and related services. If no separate consent is sought, your continued use of the Website following such changes and modifications to the Website or these Terms of Sale will constitute Your acceptance of such changes or modifications.
Offer and Acceptance of the Product
The Seller hereby makes an offer to sell the Products listed by Seller on the Website and the Buyer upon agreeing to purchase the Products so listed by the Seller hereby accepts such offer to sell by the Seller. Accordingly, the contract for sale of the Product is be a bipartite contract between Buyer and the Seller. Giftkartist is not a third-party beneficiary under such bipartite contract. The Buyer understands and agrees that the offer for sale of the Product by the Seller is not an absolute or an un-conditional offer. Such offer to sale by the Seller is subject to repudiation by the Seller at any time before the delivery of the Product to the Buyer and without any obligation to assign or provide any reason for such repudiation and without any consent from the Buyer and without any liability or any obligation towards the Buyer. The Seller and Buyer understand and agree that Giftkartist has the right to cancel any sale transaction, listing or acceptance (i) for any reason in accordance with the Seller Agreement, these Terms of Sale, Website Terms of Use, Privacy Policy or under any contract or policy between Giftkartist on one hand and the Seller or the Buyer on the other hand, or (ii) under an order or instruction from any statutory, quasi-judicial or judicial authority.
Product(s)
- Giftkartist also respects the intellectual property rights of all entities. If you believe that your intellectual property rights have been violated in any manner, please fill out and submit the Notice of Infringement of Intellectual Property Form ("IP Infringement Notice") provided in the annexure below. Please send the duly filed out IP Infringement Notice via email to contact@cue7ven.com. Any incomplete or improperly filled out document may not be considered
- The availability of the Product under the offer to sell is subject to change without notice prior to the purchase of the Product by the Buyer. However, there may be circumstances where the Product may not be available to be delivered to the Buyer after the purchase transaction. In such an event, Seller may cancel or instruct Giftkartist to cancel such purchase transaction without any recourse to Buyer and without any liability to the Seller or to Giftkartist. If Buyer's order is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to the Buyer Payment mode provided by the Buyer for such reversal, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. Giftkartist shall have the sole discretion to determine the mode of reversal from the above options.
- With respect to the sale of Product by Seller to the Buyer, the Seller hereby represents and warrants to the Buyer that:
- Seller has the right to sell the Products to the Buyer on or through the Website;
- Buyer shall have and enjoy quiet possession of the Products;
- Products shall be free from any charge or encumbrance in Favor of third party;
- Buyer shall be entitled to all the warranties and other collaterals applicable to the Product or as generally made available by the manufacturer or seller of the Product;
- Product shall meet the description and specifications as provided on the Website.
Pricing Information
The Selling Price of the Product is subject to change without notice prior to the purchase of the Product by the Buyer. The Selling Price is provided on the Website on 'as is' basis as provided by the Seller. Due to technical reasons there may be errors in Selling Price which may be corrected by the Seller at any time and any acceptance of offer of sale by the Buyer of the Products subject to such faulty Selling Price shall, subject to discretion of the Seller, not be a valid acceptance and such transaction can be avoided by the Seller.
All prices are inclusive of VAT unless stated otherwise.
Delivery of the Product
- There are various delivery models for delivery of purchased Product to the Buyer, as decided by the Seller. The risk of any damage, loss or deterioration of the Products during the course or delivery or during transit shall be on the Seller and not on the Buyer. Seller represents and warrant that the Products being delivered are not faulty and are exactly those Products which are listed and advertised by Seller on the Website and purchased by the Buyer and meet all descriptions and specifications as provided on the Website.
- Buyer's shipping address, pin code will be verified with the database of Website before a Buyer proceed to pay for Buyer's purchase. In the event Buyer's order is not serviceable by logistic service providers or by Seller or the delivery address is not located in an area that is covered under the order confirmation form, Buyer may provide an alternate shipping address on which the Product can be delivered by the logistics service provider or by the Seller.
- Please note that there is no guaranteed dispatch time and any information about the dispatch time is estimate only and should not be relied upon as such. Therefore, time is not the essence of the bi-partite contract between the Buyer and the Seller for purchase and sale of Product on or through the Website. However, the Product shall not be delivered to the Buyer unless the Buyer makes the payment of the purchase of Product.
- Buyer shall be bound to take delivery of the Products purchased by the Buyer that are said to be in a deliverable state. Where Buyer neglects or refuses to accept the delivery of the Products ordered by the Buyer, the Buyer may be liable to the Seller for such non-acceptance and shall further be liable to Giftkartist for any loss of any fee or charges that Giftkartist and its third parties shall have earned from the Seller if such delivery or transaction should have been completed. Buyer acknowledges that such damages or loss to Giftkartist and its third parties are not consequential or indirect.
- The title in the Products and other rights and interest in the Products shall directly pass on to the Buyer from Seller upon delivery of such Product and upon full payment of price of the Product. Upon delivery, the Buyer is deemed to have accepted the Products. The risk of loss shall pass on to the Buyer upon delivery of Product.
Return Policy for Products
- Buyer's Product related complainant for refund or replacement will the processed in accordance with the Policy for Giftkartist. Both Buyer and Seller agree to this Policy. However, in the event of false, frivolous or baseless complaints regarding the delivery or quality of the Products, the Buyer will not be eligible for refund or replacement.
- Before accepting delivery of any Product, the Buyer shall reasonably ensure that the Product's packaging is not damaged or tampered.
- The return process of a Product may be subject to additional terms depending on the nature and category of the Product. Any such additional terms may be specified on the Website or be intimated by the Seller at the time of purchase of the Product.
- In the event the return of a Product is duly accepted by Seller, the value of such Product, as originally paid by Buyer during acceptance of Product, will either be refunded to Payment mode provided by the Buyer for such refund, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. Giftkartist shall have the sole discretion to determine the mode of reversal from the above options.
- Buyer agrees that if the returned Product is not accepted by the Seller then Giftkartist shall have the right liquidate or sell those Products and give all the valid title, rights and interests including warranties and other collaterals and benefits associated with those Products (as the Buyer would have received from the Seller) to any third party to whom those Products are sold.
Cancellation of transaction / orders
- Cancellation by Seller: There may be certain orders that Seller is unable to accept and has the right to cancel either by the Seller directly or Seller can instruct Giftkartist to cancel such order. Seller reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Buyer's order being cancelled include, without limitation, non-availability of the Product or quantities ordered by Buyer or inaccuracies or errors in pricing information. Seller may also require additional verifications or information before processing any order. All such cancellation shall be without any recourse to Buyer and without any liability to the Seller or to Giftkartist. If Buyer's order is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to the Buyer either to the bank account provided by the Buyer for such reversal, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. Giftkartist shall have the sole discretion to determine the mode of reversal from the above options. In the event a promotional code given by Giftkartist is used for the purchase of the Product, the amount under such promotional code shall not be refunded in case of cancellation of order. The above is the sole remedy of the Buyer and the sole liability of the Seller and sole responsibility of Giftkartist for any cancellation of the purchase order by the Seller or otherwise other than by the Buyer.
- Cancellation by the Buyer: In case of requests for order cancellations, Seller reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Seller receives a cancellation notice and the order has not been processed, Seller may cancel the order and refund the entire amount to Buyer within a reasonable period of time. Seller will not be able to cancel orders that have already been processed by the Seller. Buyer agrees not to dispute the decision made by Seller and accept Seller's decision regarding the cancellation.
- Set-off of any benefits availed by the Buyer: In case the Buyer has availed any benefit under any marketing or promotions provided by Giftkartist in relation to the Product for which the order has been cancelled by the Buyer or by the Seller, Buyer agrees and authorizes Giftkartist to recover such benefits from the Buyer or set-off the same from any refunds to the Buyer.
Governing Law
These Terms of Sale shall be governed in accordance with the laws of India without reference to conflict of laws principles. You acknowledge that these Terms of Sale are solely for Your benefit. It is not for the benefit of any other person, except for Your successors and permitted assigns.
Disclaimer by Giftkartist
- GIFTKARTIST's ROLE IS THAT OF AN INTERMEDIARY IN THE FORM OF AN ONLINE MARKETPLACE AND IS LIMITED TO MANAGING THE WEBSITE TO ENABLE SELLER TO EXHIBIT, ADVERTISE, DISPLAY, MAKE AVAILABLE AND OFFER TO SELL THE PRODUCTS AND TO ENABLE BUYER TO PURCHASE THE PRODUCTS SO OFFERED, AND OTHER INCIDENTAL SERVICES TO FACILITATE THE TRANSACTIONS BETWEEN SELLERS AND THE BUYERS. ACCORDINGLY, THE CONTRACT FOR SALE OF ANY OF THE PRODUCTS SHALL BE A BIPARTITE CONTRACT BETWEEN SELLER AND THE BUYER. AT NO TIME SHALL GIFTKARTIST HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF SUCH CONTRACT NOR SHALL GIFTKARTIST HOLD ANY TITLE IN THE PRODUCTS. THE TITLE IN THE PRODUCTS AND OTHER RIGHTS AND INTEREST IN THE PRODUCTS SHALL DIRECTLY PASS TO THE BUYER FROM THE SELLER.
- THESE TERMS OF SALE SHALL NOT AMEND OR MODIFY ANY AGREEMENTS, CONTRACTS, TERMS OR POLICIES BETWEEN THE BUYER OR SELLER ON ONE HAND AND GIFTKARTIST ON THE OTHER HAND.
- GIFTKARTIST DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT (INCLUDING BUT NOT LIMITED TO PRODUCT CATALOGUES) OFFERED BY SELLERS ACCESSIBLE THROUGH THE WEBSITE OR ANY LINKED SITES. GIFTKARTIST MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, THE SELLER OR ANY SUCH THIRD PARTIES, THEIR PRODUCTS INCLUDING REPRESENTATIONS RELATING TO MERCHANTABILIGY, FITNESS OF A PRODUCT OR SERVICE FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. ANY TRANSACTIONS THAT BUYER MAY HAVE WITH SUCH THIRD PARTIES ARE AT BUYER'S OWN RISK. THE PRODUCTS SHALL BE SUBJECT TO SELLER'S TERMS AND CONDITIONS FOR WARRANTY, SERVICE AND MAINTENANCE, AND GIFTKARTIST DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. GIFTKARTIST ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY THE BUYER.
- GIFTKARTIST SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ILLEGAL, INFRINGING, FAKE, DUPLICATE, SPURIOUS, DEFECTIVE OR COUNTERFEIT, REFURBISHED, EXPIRED PRODUCTS PURCHASED BY BUYER FROM THE SELLER AND GIFTKARTIST SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT PURCHASED OR AVAILED BY BUYER FROM THE SELLER IS NOT EXACTLY AS PER SPECIFICATIONS DETAILED IN THE PURCHASE CONFIRMATION ORDER.
- Giftkartist is in no way responsible or liable for the offer for sale or sale of the Product by the Seller to the Buyer, its delivery, the warranty terms (if any) related to the Product and the return, refund or cancellation of purchase of any Products.
- Giftkartist does not warrant that the sale price provided by the Seller of the Product is accurate, proper and valid. Any error in the sale price shall be solely attributed to the Seller and not to Giftkartist. Prices, Product description and availability of the Product are Seller's responsibility.
- Buyer expressly acknowledges that the Seller selling the defective Product will be responsible to Buyer for any claims that Buyer may have in relation to such defective Product and Giftkartist shall not in any manner be held liable for the same.
- Giftkartist shall not assume any liability for the non-availability of the Product, delivery of the Product directly by the Seller and the installation of the Product where required.
RULES FOR ACCEPTING SHIPMENTS
Before accepting shipment of any product, kindly ensure that the product’s packaging is not damaged or tampered. If the package is damaged or tampered, we request you to refuse delivery. We assure refund upon such refused delivery or non-delivery. If in case you choose to accept the product, you shall do it at your own risk.
RULES FOR RETURN & REPLACEMENT
No returns are allowed. However, if the product received is damaged/defective/Wrong, then please report the issue to our customer support team within 48 hrs of delivery along with an image of the item delivered. Our team will contact you for additional details of the product delivered if required.
You may choose one of the following:
1. Get the product re-delivered or
2. Opt for a refund in the form of a gift certificate (refunded within 48 hours) or
3. Refund in the original mode of payment (amount shall reflect in your account within 7-10 working days as per standard banking timelines)
4. In case of Size, Colour, Quality, Desing & Any operation from Giftkartist side can be subject to replace/refund as per the availability. Customer should apply for Return/Replaced as per the timeline.
We do not offer refund in the following cases:
If Flowers, Plants, Cakes, Sweets, Inner Fabric or any other perishable items are delivered to an incorrect/correct address provided by the sender.
If the Recipient is not present at the delivery address provided by the sender or refuses to accept the delivery. In that case Recipient should prior inform the Courier partner about that during contact. However More than two-time repeating issue, Giftkartist deserve the rights to Suspend the account and amount is processed back. No action can be taken by customer in that case.
If product quality or damaged/hamper concerns are caused by improper handling of the product by the Customer including misplacing of value slip & packaging wrappers.
Note:
-Complaints need to be made within 48 hours from the time of delivery, after which we will not be able to register any damage/issued complaints.
-Complaints against non-delivery need to be made within 7 days from the date of delivery, after which we will not be able to register any complaints.
-For quality purpose, we might have to get a reverse pick up done for that product, before we can get a redelivery done.
-We do accept request for product exchanges but based on availability, only subject to matter with Giftkartist and Seller.
-In the event that we are unable to supply all or part of your order (the product or any substitute product to you at all), we shall notify you as soon as possible and reimburse your payment for the part undelivered.
Online refund will be processed by Giftkartist on confirmation through email or phone call to the customer. Once the refund is processed by Giftkartist, it takes 10 to 15 business days to reflect in your account as per standard banking timelines.
MODE OF PAYMENT FOR REFUND
We will initiate refund to the following modes:
Payment mode |
Refund mode options |
Credit card/ Debit card/ Prepaid Payment Instrument eg. Wallets |
Credit card/ Debit card/ Prepaid Payment Instrument eg. Wallets |
IMPS/Bank Account through net banking |
IMPS/Bank account through net banking |
UPI |
UPI |
Cash on Delivery* |
NEFT to Bank account |
Gift card/ Gift voucher |
Gift card/ Gift voucher |
- We may request for information/documents to verify your credentials before initiating the refund.
- If the payment mode has expired or is no longer valid, we will refund you through one of the modes mentioned above as agreed by you.
- All refunds shall be made in Indian Rupees only.
- In all case refund/replacement must be made to only and only the buyer account.
DEFECTIVE PRODUCTS
Some products are bound by the brand's specific policies regarding repair, replacement and returns. These policies are binding on you.
You expressly acknowledge that the Seller selling the defective product will be solely responsible to you for any claims that you may have in relation to such defective product and Giftkartist shall not in any manner be held liable for the same.
REPEATED RETURN REQUESTS
- We reserve a right to impose such charges as is necessary to reimburse the expense of delivery and pick-up if we observe that you have a transactional history of repeated returns.
- We also reserve a right to make the products ineligible for return or refund or replacement, if we observe a transactional history of repeated returns.
- We may also notify that the facility of pickup for returns from you has been withdrawn, in which case, you will have to bear your own expense and logistics to return the product back to the Seller.
- The liability and risk of such returns shall be on you to establish your claim for return. Refund for returned products or replacement shall only be initiated if they pass through conditions mentioned above. If the product received fails to pass through the verification and checks, the product shall be shipped back to you, for which you shall have to bear the expense.
Fraudulent Transactions
You shall not be entitled to receive the product or refund or replacement of the same if we find that any transaction(s) by you have misused the Website/App to perform any action that is considered to be illegal, fraudulent, unlawful whether under any current legislation or not. Giftkartist reserves the right to hold on to and forfeit such amounts received from you or to be received from you at a later date, or claim such amount from you against any taxes, duties, penalties, interest, losses, damages, liabilities, costs, expenses, claims, orders, judgments and consequences arising from investigation or enquiry by government or internal to Giftkartist.
Terms of use -
A). www.giftkartist.com is a gifting website (hereinafter referred to as “Website”), owned and operated by Cue7ven DigiMark Private Limited, a company incorporated under the Companies Act, (18 of 2013 )and having its registered office at EN 9, SALT LAKE SECTOR 5, 5TH FLOOR KOLKATA,Bidhan Nagar CK Market, North 24 Parganas, Saltlake, WestBengal, India, 700091 (hereinafter referred to as “Giftkartist” / “We” / “us” ) that allows its users to browse, select and order a gifting item for their loved ones or relatives or friends or family members or to the recipient as per the request of user.
The customers hereinafter have been referred to as “You” / “User” / “Your”. These Terms and Use read with Terms and Conditions, Disclaimer and Privacy Policy (collectively referred to as “Terms of Use”) constitute a legally binding agreement between the User and Goiftkartist, being the owner of the Website. These Terms of Use apply to all users of the Website. By accessing, viewing, or using this Website, you indicate that you understand Terms and Conditions, Disclaimers and Polices available on this Website and accept them as the legal equivalent of a signed, written contract, binding to you.
YOU ARE REQUESTED TO READ THESE TERMS OF USE WITH TERMS AND CONDITIONS, DISCLAIMERS AND POLICES CAREFULLY, BEFORE YOUR USAGE OR TRANSACTION ON THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE WEBSITE.
B). Giftkartist hereby provides its conditional permission for you to access the Website in accordance with these Terms of Use provided that you use the Website in continued and absolute compliance with these Terms of Use. You shall not rent, transfer, assign, commercially exploit, resell or sublicense access to the service/products available on the Website to any third-party. You may only use this Website solely for your personal and non-commercial use and you may download a single copy of the materials from the Website provided it is for your personal and non-commercial home use.
You agree not to use or launch, or cause to be used or launched, any automated/computerized/analog/hybrid system or program in connection with the Website or online ordering, including without limitation, publishing or distributing vouchers or codes, robots, spiders, offline readers, place pop-up windows over its pages, or otherwise affect the display of its pages and anything of similar nature. Giftkartist reserves the right to revoke these exceptions either generally or in specific cases at any time.
You agree not to collect or harvest any personally identifiable information from the Website or use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit for any reason whatsoever any users of the Website with respect to their information submitted on the Website.
Except as expressly provided herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, deep link, or otherwise use any information or material obtained from or through this Website without the prior written permission of Giftkartist.
We always try to provide you uninterrupted access to the Website and ensure that the transmissions are error-free. However, due to the nature of the internet your access to the Website may occasionally be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services on the Website at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
C). If you are a minor i.e., under the age of 18 years, you may use the Website only with the involvement of your parent or guardian. As per Indian Contract Act, 1872
D). The Website contains many valuable intellectual properties including but not limited to trademarks and copyright materials used and owned by Giftkartist and its affiliates and related entities. The aforesaid intellectual properties are used to distinguish Giftkartist quality products and services. These intellectual and proprietary property are protected from reproduction and simulation under national and international laws and shall not be copied without the prior express written permission of Giftkartist.
The text, graphics and Website’s html code (including flash files, java script etc.) contained in the Website are the exclusive property of Giftkartist, its affiliates or related entities. Except where otherwise provided, the text, graphics and html code contained here shall not be copied, distributed, displayed, reproduced, adopted or transmitted in any form or by any means without the prior express written permission of Giftkartist.
The intellectual property on the Website, except all User Submissions (as defined hereinafter), including but not limited to the text, software, scripts, graphics, photos, logos, images, concepts, sounds, music, videos, interactive features and anything else capable of being copyrightable under the applicable laws (“Content”) and the trademarks, service marks and logos contained therein (“Trademarks”), are owned by/licensed to Giftkartist, subject to copyright and other intellectual property rights under the Applicable Laws and international conventions.
Content on the Website is provided to you for your information and personal use only and shall not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Giftkartist or the respective owners, as the case may be. Giftkartist reserves all rights not expressly granted in and to the Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
Regarding the use of trademarked names in metatags and/or hidden text, we have a no-tolerance policy. The use of trademarked names in metatag keywords is trademark infringement, and the use of trademarked terms in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines shall be considered as unfair competition.
Linking to any Giftkartist web page is prohibited and is subject to a prior permission from Giftkartist. Framing the Giftkartist website with links, advertisements and/or other information not originating from the Giftkartist website is expressly prohibited.
Copyright
otherwise indicated, all content on the Website, including text, graphics, images, and logos is the property of Giftkartist or its content suppliers and is protected by international copyright laws and regulations. In addition, Giftkartist owns a copyright on the Website as a collective work or compilation, and in the selection, coordination, enhancement, and arrangement of the site's content. Except as explicitly provided herein, Giftkartist does not grant any explicit or implicit rights to you. Giftkartist actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
Trademarks
Giftkartist, and other names, graphics, logos, and icons identifying Giftkartist or its products or services are the proprietary marks of Giftkartist. These trademarks may not be used in connection with any product or service that is not Giftkartist, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Giftkartist. All other trademarks, not owned by Giftkartist that appear on the Website, are the property of their respective owners.
E). When you use our Website and register with us by providing your personal details, you consent to receive communication from us periodically. If you use the Website and register here, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your equipment i.e., computer, laptop, tablet, mobile phone etc., and you agree to accept responsibility for all activities that occur under your account or password.
You are responsible to keep your data updated all the time. Giftkartist reserves the right to refuse services, terminate accounts, remove content, or cancel orders in its sole discretion. Giftkartist keeps a track of your activities on the Website to provide you with best offers and services. We may ask you to make registration or provide your details before making any transaction on the Website. This information includes your name, age, phone number, e-mail ID, billing and shipping address. We may disclose this information to our Internal and third parties for the purpose of execution of your order. However, we ensure that such information will be kept secure and confidential Internally and third parties. We may release your data if it is ordered by court or any government agencies under any law of land. We may use your email ID or phone number to provide you our best offers and information about our products and services.
However, you are free to notify us, at any time, if you are not interested or do not need such information from us and we will remove your data from such recipient list. Additionally, you can ask us to remove your data and details from our systems.
F). While Giftkartist endeavours to provide the most accurate, up-to-date material available, the information, materials, products, and services available on the Website may include inaccuracies, typographical errors, or outdated information. Moreover, Giftkartist may make modifications or changes to the Website or the information, materials, products, and services described in the Website at any time. Giftkartist is not responsible for any typographical or pricing errors on the Website. Giftkartist reserves the right to refuse or cancel orders at any time, including but not limited to orders that contain incorrect prices or product descriptions, orders in which Giftkartist believes the customer has violated applicable law, and orders that Giftkartist believes are harmful to Giftkartist or its affiliates. Giftkartist reserves the right to limit the number of items purchased or orders placed through the Website.
You assume the sole risk of making use or relying on the information, materials, products, and services available on the Website. Giftkartist makes no representations about the suitability, completeness, timeliness, reliability, legality in your jurisdiction, or accuracy of the information, materials, products, and services described or contained on the Website for any purpose.
To the fullest extent permissible by applicable law, Giftkartist disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non- infringement, system integration, data accuracy, and quiet enjoyment. Giftkartist does not warrant that the Website, its servers, or e-mail sent from the Website are free of viruses or other harmful components. Giftkartist and its affiliates will not be liable for damages of any kind arising from the use of the Website, including, but not limited to direct, indirect, incidental, punitive or consequential damages or special damages in connection with these Terms of Use, the service, the Website, or the products, or linked websites whether or not such damages were foreseeable and even if Giftkartist was advised that such damages were likely or possible. This shall be the sole and exclusive remedy available to you subject to proof of actual damages. You agree and acknowledge that this limitation of liability is an essential term between you and Giftkartist relating to the provision of the Website, the service and the products, and Giftkartist would not provide the Website or service or products to you without this limitation.
Giftkartist and its affiliates will not be liable for any damages of any kind arising in relation to the use or consumption of products procured / manufactured by third parties or the products delivered to you by any third party. Giftkartist assumes no responsibility for examining or evaluating the products and services offered by them. Giftkartist does not warrant the offerings of any of these businesses or individuals. FNP does not endorse, in any way, any third-party products or services or Website’s content thereof. Any claim in respect of the same shall be made directly with the third party.
If Giftkartist is unable to deliver your order, then complete refund will be issued to you. We shall not be liable for any other charges, loss of profits, emotional stress or any other liability etc. caused due to non- delivery.
G). You acknowledge, represent and warrant to Giftkartist as follows:
You will be solely responsible for your use of this Website including content, material and information posted and published on the Website and you will use this Website legally and only for the purposes that it is intended to be used for.
You will fully comply with these Terms of Use.
You will be fully responsible for your use of this Website, including all financial charges and legal liability that you may incur.
You acknowledge that the internet or Giftkartist systems, services and equipment may from time to time be inoperative in full or in part as a consequence of but not limited to, mechanical breakdown, maintenance, hardware or software upgrades, any communication, connectivity problems or other facts beyond the control of Giftkartist. You acknowledge that Giftkartist will not be held liable for any failure or inability to provide continuous, error free, uninterrupted services under these or any other circumstances.
The Website may contain links to websites not maintained by or related to Giftkartist. Such hyper-text links are provided as a service to users and are not sponsored by or affiliated with this website or Giftkartist. Giftkartist has not reviewed the websites hyper-linked to or from this Website and is not responsible for the content of any other website. These links are to be accessed at the user's own risk. Giftkartist makes no representations or warranties about the content, completeness, or accuracy of these links or the websites hyper-linked to the Website. Furthermore, Giftkartist does not implicitly endorse third-party websites hyper-linked to the Website.
For Any further question reach us on email support@giftkartist.com.