End User Terms and Conditions ("Agreement")
Last updated on 07 April 2022.
Please read these terms and conditions carefully before using our service.
ANY PERSON ("User" or “You”) USING OR OTHERWISE ACCESSING THE SITE AT www.gifttagg.com (OR ANY OF THE INFORMATION CONTAINED WITHIN THE SITE, TOGETHER THE “Site”), OR THE SERVICE (AS DEFINED BELOW) AGREES TO BE BOUND BY THE FOLLOWING TERMS (“Agreement”)
PERSONAL DATA: You agree to provide only true, accurate and complete information to us via the Service. Any personal information provided by Users will be treated with appropriate care and security in accordance with our Privacy Policy.
1. Contracting Parties. The Service and the Site, together with all content, data and other materials contained therein (“Content”) is owned or controlled by Giftag Limited, a company incorporated in England under Company Number 13135098 with its registered office at 55 Chearsley Road, Long Crendon, Aylesbury, HP18 9AW, UK. Giftag Limited is referred to in these terms and conditions as"we", "us", "our", “Gift Tagg”or “Company”. When you use or otherwise access the Service and/or the Site, you are contracting with GiftTagg. You must be at least 13 years old to use the Site and/or the Service (and, if you are under 18, you must first obtain the permission of your parent/guardian). You acknowledge and agree that you are and shall be solely responsiblefor all content posted and activity that occurs under your GiftTagg account. The Service is offered subject to the terms posted on the Site and/or accompanying the offer on the Retail Partner’s website or app as posted from time to time and such terms are incorporated herein by reference.
2. The Gift Tagg Service. GiftTagg is an online video / audio / photo messaging service which provides you with the ability to create and record a greetings video (“Video”) to accompany a physical and/or digital gift product (purchased from a third party seller, a “Retail Partner”) which can be accessed online via a QR code (or other code or email) when the gift is received (“Service”). The Service allows you to upload and securely store your Video. Please note that there are size and duration limitations for storage of your Video (as posted on the Site from time to time) and we shall not be liable for any loss of content or data so you should retain a copy of your Video and all data uploaded to the Service. For the avoidance of doubt, you may record an audio-visual video in the normal way via your desktop or mobile device, or you may record an audio-only message (for which a template static visual image may be displayed). Your message will be made available to the recipient of your purchased gift by way of a link and will remain live for the recipient to access online for a minimum of one (1)month from the date of purchase.
3. Content. The Content is intended only for the purposes specified for the Service, and your use of the Service, Site and/or Content is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. GiftTagg, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site, Service and the Content. Other than where a Recipient shares a Video, you may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or the Content in any form (including storing it in any medium) other than as expressly allowed herein or as set out in the Site and the Content (or under UK or local law). The Site and the Content are for your personal, non-commercial use only, and are not for transfer, assignment or sublicense.
4. User Content. By submitting Videos and other information and data (“User Content”) to the Service, you retain ownership but you grant GiftTagg a royalty-free and non-exclusive right and license to reproduce, transmit, adapt, edit and otherwise use your User Content (in whole or in part) worldwide in any media. You expressly acknowledge and agree that such license includes the right for GiftTagg to make your User Content available to other users of the Service, who may also use your User Content subject to these Terms. You further agree to waive your moral rights for the purposes of this licence. You hereby warrant and represent that: (i) you have, and will continue to have during all material times, all licences, rights, consents, and permissions in all element of your Video(s) which may be required for GiftTagg to provide the Service and otherwise use your User Content in accordance with this Agreement and the Privacy Policy; (ii) you personally created all materials that you upload to the Service; (iii) you own or control all rights in your User Content; (iv) you have the right and grant the rights and licence as provided herein; and (v) the posting of your User Content does and shall not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any third party. GiftTagg reserves the right in its sole discretion to determine whether or not any User Content is appropriate and/or compliant with this Agreement.
5. Code of Conduct for User Content. You agree to obey all applicable laws in using the Service, and agree that you are responsible for the User Content and/or other communications you upload to or initiate via the Site or the Service. You agree that you are responsible for everything that you post or transmit and you agree (in relation to the Site and Service):
· not to post content or participate in any form of activity which is unlawful, intended to disgust, mean-spirited, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually-oriented, racially-offensive, related to or any form of lottery or gambling, comprised of misinformation or otherwise includes objectionable or upsetting material;
· not to post content which you do not have the right to use;
· not to abuse other GiftTagg users or anyone else;
· not to use the Site or Service to engage in any activities other than as approved by GiftTagg;
· not to register more than one account for yourself or anyone else;
· not to post content that contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of any third party;
· not to post content that contains anything which could be used to determine or alter the architecture of the Site or Service, or could be used to decompile, disassemble, or reverse engineer the Site or Service;
· not to post anything that constitutes or contains any “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letter,” “pyramid scheme,” or unsolicited commercial advertisement or that constitutes or contains any form of advertising or solicitation or that includes links to commercial services or websites or that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law or that Site or Service, or that otherwise negatively affects other users’ ability to use the Service or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service;
· not to contact anyone who has asked not to be contacted;
· not to “stalk” or otherwise harass any other GiftTagg user;
· not to collect personal data about other users for commercial or unlawful purposes;
· not to use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service;
· not to post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
· not to attempt to gain unauthorised access to GiftTagg’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site or Service; and
· not to use anyform of automated device or computer program that enables the submission of postings on GiftTagg without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
You acknowledge and understand that by using the Service, you may be exposed to comments or critical submissions from other users that are unfair, inaccurate, offensive, indecent, or otherwise objectionable, and you hereby waive any rights or remedies you may have against us with respect to any such comments or submissions. GiftTagg shall not be liable in any circumstancesfor use of any User Content (and/or for errors or omissions or loss or damage of any kind incurred as a result of your use of any User Content) via the Site or the Service.
6. No Endorsement of Third Party or User Content. We do not pre-screen or monitor User Content and therefore we do not endorse (and we expressly disclaim any and all liability in connection with) any User Content or any other materials uploaded or exhibited by any user or other third party. We reserve the right to remove any User Content of any kind that, in our judgement, does not comply with this Agreement. We are not responsible for any failure or delay in removing such User Content. You hereby consent to such removal and waive any claim against us arising out of such removal of User Content.
7. Objectionable Material. If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Site or the Service, please immediately report such material (and the specific page on which it is found), or if you believe that you are the owner of the copyright or other rights in any material appearing on the Site or the Service, or if you have any other complaint about the Site or any Content or other posted materials, please contact us via info@gifttagg.com (making sure to include both the Uniform Resource Locator ("URL") for the non-complying content and the reasons you believe it does not comply). Please note that there may be adverse legal consequences if you make a false or bad faith allegation through this process.
8. Placing Orders for Products. By placing an order for a video or other product via the Service, you warrant that you are legally capable of entering into binding contracts and that all information you provide to us is true, correct and complete. We reserve the right to refuse or cancel any order at any time for any reason (including without limitation product availability, errors in descriptions or prices or process, or if fraud or any unauthorised or illegal transaction is suspected). Due to the bespoke and digital nature of the products provided by the Service, returns and refunds are not provided (save in extraordinary circumstances in the sole discretion of GiftTagg).
9. Retail Partners and Links to Third Party Websites. You acknowledge and agree that the Service may be available and/or provided via websites and/or apps of Retail Partners and other third parties providing products and services which are not owned or controlled by GiftTagg, and that GiftTagg has no control over, and shall have no responsibility for, such products or services and/or the content, privacy policies, or practices of any such third party. You further acknowledge and agree that GiftTagg shall not be responsible or liable for any damage or loss you suffer in connection with or reliance on any content, products or services offered by or via any third party. You should read the terms and conditions (and privacy policies) of any such third party before agreeing to any purchase.
10. Liability. You agree that the liability of GiftTagg to you in relation to this Agreement and your use of the Site, Content and/or Service, shall be limited to the amount you have actually paid to us for provision of the Service (or, if greater, GBP£100). Except as set out herein, we shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the Site, the Service or the Content (or User Content). Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence.
11. Warranties. To the extent permitted under applicable law in your territory, ALL GIFTTAGG PRODUCTS ANDSERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, GiftTagg, makes no warranty that (a) the Service will meet your requirements, (b) the Service will be uninterrupted, timely, secure, or error-free, (c) the results obtained from the use of the Service will be effective, accurate or reliable, or (d) the quality of any materials or services obtained by you from the Site, from us, or from any third parties' websites to which the Site is linked, will meet your expectations or be free from mistakes, errors or defects. The use of the Service, the uploading of User Content, or the downloading or other acquisition of any materials or content through the Service or through third parties' or provider’s websites, is done at your own risk and with your agreement that you will be solely responsible for any damage to your computer device or system or loss of data that results from such activities.
12. Indemnity. You agree to indemnify us for any loss or damage that may be incurred by GiftTagg, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the Site, Service or the Content. You further undertake to indemnify us for all loss or damage incurred by GiftTagg in relation to any third party claim against us for infringement of intellectual property rights arising in relation to your provision of materials to the Site, Service and/or the Content.
13. Trade Marks. The brands, products and service names used in the Site and the Content (including without limitation, "GiftTagg”) are trademarks or trade names of GiftTagg or its trading partners unless otherwise stated.
14. Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere")with the Site, Service and/or the Content in any manner. If you in any way Interfere with of these, you agree to pay all damages we incur as a result. We will cooperate with the authorities in prosecuting any User who Interferes with the Site, Service, Content or otherwise attempts to defraud GiftTagg or any other parties through your use of the Site, Service, Content or any services provided hereunder. We reserve the right to deny any or all access or service to any user for any reason, at any time, at our sole discretion. You agree that we may block your access, and at our sole discretion to disallow your continued use of the Site and/or the Content. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
15. General. Your use of the Site, Service and/or the Content creates no partnership, client, fiduciary or other professional relationship. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement. This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all users from the date and time such revised terms have been posted on the Site. Your continued use of the Site and/or the Service constitutes agreement with and acceptance of any such amendment or other changes. We constantly experiment and innovate with the Site in order to provide a better experience for Users and you hereby acknowledge and agree that the form and nature of the Service may change from time to time without prior notice to you.
16. Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of England. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of London, England.
DMCA NOTICE: Notice of Copyright or Intellectual Property Infringement. Please notify us if you believe any of your intellectual property rights have been infringed by us or any user of the Site or Service. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (the "DMCA"), GiftTagg designates the following as its agent for receipt of notifications of claimed infringement: by email to info@gifttagg.com. To be effective the notification should include: (a) a physical or electronic signature of the person authorised to acton behalf of the owner of the right being infringed; (b) identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, are presentative list of such works at the site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and Information sufficient to permit us to locate the material; (d)information sufficient to allow us to contact the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright or intellectual property owner, agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of the right being infringed. If you fail to comply with all of these requirements, your DMCA notification may not be valid. You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act. If you believe that your Video has been removed in error, you may submit a counter-notification in compliance with the DMCA. To be effective, the counter-notification must include: (a) your physical or electronic signature, (b) identification of your material that has been disabled, and the location of the material before it was removed, (c) a statement under penalty of perjury that you have a good faith belief that your material was disabled as a result of mistake or misidentification of the material, and (d) your name, address, and telephone number, and a statement that says you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (if in the United States), or if your address is outside of the United States, for any judicial district in which the GiftTagg may befound, and that you agree to accept service of process from the complaining party, or an agent of such person. GiftTagg shall be solely responsible for the investigation, defence, settlement, and discharge of any intellectual property infringement claim relating to the Service or any GiftTagg Video.”
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