Third Party Providers
Certain products, services and content available on Gifts2America are provided by third parties. These include but are not limited to Suppliers, Vendors and service providers who may fulfill orders on behalf of Gifts2America. In addition, content and data found on the site may also be copyrighted property of our suppliers and or their third-party providers and distributors.
A partnership, agency, joint venture or similar relationship is not created by your use of the website or services from Gifts2America. In our role as a service provider, we act as an independent contractor assisting you in finding suppliers and service providers that meet your individual needs.
Furthermore, you also understand that such suppliers and service providers are independent contractors and not employees or agents of Gifts2America. Gifts2America is not liable for acts, errors, omissions, representations, warranties or negligence of any such suppliers or for any personal injuries, death, property damage or loss, or other damages or expenses resulting there from. Gifts2America shall have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, acts of war, terrorism, disease or other force majors event or other cause beyond its direct control, and Gifts2America has no responsibility for any additional expense, omissions, delays, re-routing, acts or omissions of any governmental authority. The fact that we include or offer any product or service does not mean we are endorsing or recommending such product or service.
From time to time we may enter in to relationships with other vendors or service providers who may be granted access to our marketing channels, participate in our marketing programs and support any technology or other initiatives we may undertake. Gifts2America may also be compensated or receive commission from time to time out of such relationships. The terms and conditions of such initiatives are subject to change at any time, with or without notice.
Use of WebsiteYou may use our site to place legitimate orders or purchase goods and services for the purpose of sending gifts. Any speculative, false or fraudulent use of our site will be considered a violation of our policies. The use of automated computer programs or any similar methodology for monitor or copy, link or replicate content found on our site without the prior written consent of Gifts2America will also be considered a violation of our Terms & Conditions. You also agree to and acknowledge that you will not use or permit the use of the website for any activity being carried out by a person or agency prohibited under Indian law. You shall automatically become unauthorized to use our website in the event of your inability to fulfill this obligation.
You specifically agree to indemnity and hold harmless Gifts2America and our associates, subsidiaries and service providers for any breach of this section.
Your use of this site is subject to your being of legal age to create binding legal obligation for any liability or contact that may incur as a result of your use of this website. You represent that you are of sufficient legal age and that all information provided by you or members of your household in connection to using this website is true and accurate. You also understand that you are financially responsible the use of our website and by those your account and / or name.
WarrantiesNo warranty explicit or implicit is given by Gifts2America and its service providers regarding the use of site or any material provided within the site. Your use of the website is on an "as is" basis. Gifts2America does not warrant the accuracy, completeness, reliability or fit for purpose of any content or data found on the website. Any such warranty is hereby expressly disclaimed and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
Limited LiabilityWithout limiting the generality of any limitation of liability set forth in our website rules & regulations, Gifts2America and the service providers assume no responsibility, and shall not be liable for any damages for viruses or other such harmful components that may infect your computer equipment or other property on account of your access to, use of, or browsing (including downloading of any materials, data, text, images, video or audio) of this website.
In no event shall Gifts2America or any service provider be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, strict liability, or otherwise, which arises out of or is in any way connected with (1) any use of the Website or content found herein, (2) any failure or delay (including, but not limited to the use of or inability to use any component of the Website for gifts or purchases), or (3) the performance or non-performance by Gifts2America or any service provider, even if such party has been advised of the possibility of damages to such parties or any other party.
You agree that Gifts2America is a mere agent for the providers of services available through the site, including but not limited to services. Any and all claims regarding any failure or breach with respect to the services offered through the site are limited to claims against any and all service providers. Gifts2America hereby disclaims any liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any special, direct, punitive, incidental, consequential, or indirect damages, in connection with the goods or services provided by any carrier or other supplier through the site, including without limitation liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligent or otherwise, of such carrier or supplier and you hereby exonerate Gifts2America from any liability with respect to the same.
You agree that Gifts2America, its affiliates and any of their respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the site or a linked site, or with the delay or inability to use the site or a linked site, even if Gifts2America is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Gifts2America cannot and does not guarantee continuous, uninterrupted or secure access to the Website.
If, notwithstanding the foregoing, Gifts2America or any service provider should be found liable for any loss or damage that arises out of or is in any way connected with any of the above described functions or uses of the website or its content, the liability of each of Gifts2America and service providers shall in no event exceed, in the aggregate, the greater of (1) the order value of your transactions, or (2) Rs.1000. In its sole discretion, in addition to any other rights or remedies available to Gifts2America and without any liability whatsoever, Gifts2America at any time and without notice may terminate or restrict your access to any component of the website.
Other than as required under applicable consumer protection law, under no circumstance will Gifts2America be liable for any loss or damage caused by a user's reliance on information obtained through the site or a linked site, or user's reliance on any product or service obtained from a linked site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
Use of Personal InformationYou acknowledge and agree that by providing Gifts2America with any personal information through the website for the purpose of registering on the website, or reserving or purchasing products or services, you consent to Gifts2America sharing certain of that information with service providers solely as necessary to complete a transaction you have requested. Your personal information may be provided to law enforcement agencies upon request. For more information regarding how we treat your personal information, please view our privacy statement.
Applicable Laws & RegulationAccess to and use of the site is subject to all applicable international, national, state and local laws and regulations. Gifts2America reserves the right to cancel any order without assigning cause and reason. All disputes are subject to Ahmedabad Jurisdiction.
Copyright / TrademarkGifts2America respects national and international trademarks. The trademarks, logos and service marks ("marks") displayed on the site are the property of Gifts2America and other parties. Users are prohibited from using any marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Gifts2America or such third party which may own the marks. All information and content including any software programs available on or through the site ("content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through the site for commercial or public purposes. Upon being informed of any copyright violation on our website, that content will removed immediately.
Limitation of liability for use of the site and linked sites the information, software, products and descriptions of services published on the site or a linked site may include inaccuracies or typographical errors, and Gifts2America specifically disclaims any liability for such inaccuracies or errors. Gifts2America does not warrant or represent that the content on the site is complete or up-to-date.
Gifts2America is under no obligation to update any content on the site. Gifts2America may change the content on the site at any time without notice. Gifts2America may make improvements or changes to the site at any time.