Terms of Use

ACCEPTANCE OF TERMS OF USE

Thank you for visiting the www.thegiftkeeper.com (“Site” or “The Gift Keeper”). Please read these Terms of Use carefully. These Terms of Use govern your access and use of this Site, by accessing or using this Site you confirm that you are competent to contract under the relevant local laws and that you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use. The Gift Keeper reserves the right to update the Terms of Use on the Site at its discretion at any time without prior notice. Any change or modification to the Terms of Use will be effective from the date of such update on the website. Your continued use of the Site following the modifications to the Terms of Use constitutes your acceptance of the modified Terms of Use.

The Gift Keeper reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site. 

You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.

 

ELIGIBILITY TO USE

Use of the Website is available only to such persons who can legally contract under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. shall not be eligible to use the Website.

Any minor desirous to use or transact on Website, is required to conduct such transaction through their legal guardian or parents. 

By accepting the Terms or using or transacting on the Website, the User irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between the Website and such User to the extent permissible under applicable laws.

 

COPYRIGHTED MATERIALS FOR LIMITED USE

This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property by The Gift Keeper or the copyrighted property of parties from whom The Gift Keeper has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. The Gift Keeper reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. 

The logo design tools provided on this Site employ a limited number of elements, including icons, fonts, color schemes, and design effects. The Gift Keeper reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual logo design elements through your creation of a logo design and/or your incorporation of a logo design into one or more products. Other The Gift Keeper customers may use the design tools to create logos that have similar or identical combinations of these elements and The Gift Keeper does not guarantee that your logo will not have similarities to logos designed and used by other parties. The Gift Keeper provides no warranty of any kind that logo designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the logo design is legally available for your use and does not infringe the rights of another party.

 

USE OF SITE 

You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through The Gift Keeper (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from The Gift Keeper does not entitle you to use any portion of Content apart from the finished Products as they are supplied by The Gift Keeper. 

You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize The Gift Keeper to produce the Products on your behalf. You may not use this Site to send or use e-cards in any manner that would constitute the transmission of Spam or unsolicited e-mails. You may not use scripting or other programs to automate the creation and/or transmission of e-cards. The Gift Keeper reserves the right, in its sole discretion, at any time, and without prior notice, to limit the number of recipients to which you may send an e-card and/or limit the number of e-cards that you may send.

You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations.

You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. The Gift Keeper reserves the right, in The Gift Keeper’s sole discretion, to refuse to accept any content provided by you to The Gift Keeper or to process any order at any time and for any reason. The Gift Keeper also may terminate its service to and/or the accounts of customers found to be using The Gift Keeper to engage in undesirable activities or otherwise violating these Terms of Use.

You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products.

You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners.

You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products.

 

TAXES

Member agrees to pay GST or other similar taxes, whether international, national, state or local, however designated, which are levied or imposed or may be levied or imposed, with respect to this Agreement. Member is responsible and liable for any fees, including attorney and collection fees, that The Gift Keeper may incur in its efforts to collect any remaining balances due from Member. This Section shall in no way limit any other remedies available to The Gift Keeper at law or in equity. 

Member agrees to mention GST registration number and Entity Name, if applicable. The Member will ensure that the GST registration number and the Entity Name, if applicable corresponds to the billing address provided, as no change in the said details will be allowed once the order is placed.

Member further acknowledges that The Gift Keeper will not be responsible for verification of GST registration number and the Entity name, if applicable. Any tax liability arising consequent to non-compliance of law or due to furnishing of incorrect GST registration number and the Entity name, if applicable shall be borne by the Member. In the event, if Member fails to furnish GST registration number at the time of placing the order, the Member will be treated as ‘unregistered’ and will not be able to avail any input tax credit.

In any case, the liability of The Gift Keeper under GST regime would be limited to the amount of tax charged by The Gift Keeper.

 

SHIPPING AND DELIVERY 

All Products purchased from the Website shall be delivered to the Member by the Logistics Partner engaged by The Gift Keeper’s partners. 

Our partners will endeavor to exercise its best efforts to provide expeditious delivery of the products on the estimated arrival date while placing the order. However, The Gift Keeper cannot accept liability or be held financially responsible under any circumstances for any delay in delivery regardless of the cause of such delay. Estimated Arrival Date is purely indicative and is subject to change due to change in conditions post placement of order. The Gift Keeper disclaims any claims or liabilities arising from any delays or and damages for goods in transit. The Gift Keeper shall not be held responsible and will bear no liability for delays or and damages caused by but not limited to bad weather, flight delays, political disruptions, other unforeseen circumstances. Any reasonable delay beyond The Gift Keeper’s or it’s partners control will not constitute as a deficiency of service on the part of The Gift Keeper.

The member undertakes to provide accurate postal address to facilitate delivery by The Gift Keeper. Incomplete address details are likely to result in loss or delay of shipment. The Gift Keeper will not be held liable for delays or loss of shipments or any other loss caused due to inaccurate and incomplete address. Member will be liable to pay for the product or service which is undelivered for want of completeness/accuracy of address provided at the time of placing the order. The Gift Keeper will not be held liable for misplaced, lost shipments, delays, incorrect deliveries or any other loss caused to the member.

In an event where the Member requests for a change to the product, address, or any other details pertaining to the product or service post placement of order, this will result change to the original Estimated Arrival Date subject to availability of the product at the time and post such change request. The Gift Keeper will endeavor to accommodate such changes requested post placement of order, however will not be held liable under any circumstances for non-execution of such change requests.

The Gift Keeper shall be entitled to dispose the Products ordered by the Member in the event that the Member is not available for delivery or refuses delivery within 3 days of first delivery attempt. In the event of disposal, The Gift Keeper will not be liable for any misuse post such disposal.

 

REFUNDS 

Refund, if any, shall be made at the same issuing bank through which the Product/Service was purchased. For payments made through electronic means like debit card, credit card, net banking, wallet etc. refund shall be made using the same payment mode within 7 working days.

On request from the Member, The Gift Keeper is liable to provide ARN (Acquirer Reference Number) or UTR (Unique Transaction Reference Number) to the Member for refunds made to the Member. However, in an event of non-receipt of such a refund in the designated Bank Account it will be the responsibility of the Member to provide The Gift Keeper with the set of documents required to support the claim of non-receipt. The Gift Keeper through its payment’s service provider shall, initiate the refund procedure post satisfactory verification of the documents provided by the member.

 

TRANSFER OF TITLE

The customer agrees that the risk of loss and title for any printed Product pass to you upon our delivery to our carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.

 

INDEMNIFICATION 

You agree that you shall indemnify The Gift Keeper and all parties from whom The Gift Keeper has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material that was not part of the standard Site Content and that you uploaded or otherwise provided to The Gift Keeper or incorporated into Products. As to clause (ii), you agree that we have the right to control the defense of any such suit, claim or demand.

 

DISCLAIMER OF WARRANTY 

THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. WHILE WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF PRODUCTS, WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS AND DIGITAL MOCK UPS WITH YOUR LOGO ARE ACCURATE, RELIABLE AND ERROR-FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. Some jurisdictions may provide you with certain warranties or guarantees that cannot be excluded by contract ("consumer guarantees"), or only limited in certain circumstances, and nothing in these terms of use alter those consumer guarantees if it is illegal for The Gift Keeper to do so. If those consumer guarantees apply to you, and The Gift Keeper cannot legally exclude those consumer guarantees, then to the maximum extent permitted by law, The Gift Keeper: (1) excludes or limits those consumer guarantees; and (2) limits its liability at the option of The Gift Keeper to the following: (a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; (b) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired. If you request a refund, the time it takes for your refund to arrive may depend on your bank. In most cases, you should receive your refund within 30 days. Certain circumstances are beyond The Gift Keeper’s control and may not be covered by the Satisfaction Guarantee. Please note that we cannot be responsible for: Spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer in the document creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products arising after delivery to the customer. Please preview your designs carefully and correct any mistakes prior to placing your order. The Gift Keeper does not proof documents created by its customers prior to processing.

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE GIFT KEEPER OR ITS LICENSORS, SUPPLIERS, OR VENDORS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY OF THEM, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT THE GIFT KEEPER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM THE GIFT KEEPER OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL THE GIFT KEEPER BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORISED USE OF THIS SITE OR ITS CONTENT OR OUR SUPPLIED PRODUCTS OR SERVICES. IF YOU LIVE IN A COUNTRY OR STATE THAT DOES NOT ALLOW ANY OF THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY OR ANY OF THE DISCLAIMERS OF WARRANTIES IN THE ABOVE SECTION, SUCH EXCLUSIONS OR LIMITATIONS WILL NOT APPLY TO YOU BUT ONLY TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE NOT ALLOWED. IN SUCH CASE, SUCH EXCLUSIONS OR LIMITATIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

 

SITE FEEDBACK 

Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to The Gift Keeper in connection with the operation or content of this Site shall be provided by the submitter and received by The Gift Keeper on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of The Gift Keeper. By submitting any such information to The Gift Keeper, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that The Gift Keeper shall be free to use such information on an unrestricted basis.

  

DISPUTE RESOLUTION 

At The Gift Keeper, we are committed towards ensuring that disputes between Sellers and Buyers are settled amicably by way of the dispute resolution mechanisms and procedures.

The Member may reach out to our customer support via email, chat or phone between Monday to Friday from 10:00am-06:00pm (Indian Standard Time.

In the event any dispute arises out of or in connection with the Terms herein, including the validity hereof, the parties hereto shall endeavor to settle such dispute amicably in the first instance. The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties hereto, after reasonable attempts, which shall continue for not less than 30 (Thirty) calendar days, gives a notice to this effect, to the other party in writing.

 

 GOVERNING LAW

Please read these Terms of Use carefully. These Terms of Use govern your access and use of this Site which is managed by The Gift Keeper. All issues related to the protection, access, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of India.. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Delhi, India. The courts in Delhi shall have exclusive jurisdiction in respect of any matters arising here from. You agree to submit to the jurisdiction of courts of Delhi, India and agree that venue in these courts is proper in any such legal action or proceeding.