1. Acceptance of Terms
By clicking “Login” or “Join Now,” you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By clicking “Login” or “Join Now,” you also consent to use electronic signatures and acknowledge your click of the “Login” or “Join Now” button as one.
This Contract applies to GiiftBuzz, GiiftBuzz branded apps, GiiftBuzz.COM, and other GiiftBuzz-related sites, apps, communications, and other services that state they are offered under this Contract.
3. Your Obligations
3.1 Applicable laws and this Agreement
You must comply with all applicable laws and this Agreement, as may be amended from time to time with or without advance notice, and the policies explained in this Agreement.
3.2 License and warranty for your submissions to GIIFT
You own the information you provide GiiftBuzz under this Agreement. You may request its deletion at any time unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant GiiftBuzz a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, fully paid up, and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to GiiftBuzz, including, but not limited to, any user-generated content, ideas, concepts, techniques and/or data to the services, you submit to GiiftBuzz, without any further consent, notice and/or compensation to you or any third parties. Any information you submit to us is at your own risk of loss. By providing information to us, you represent and warrant that you are entitled to submit the information and that the data is accurate, not confidential, and not in violation of any contractual restrictions or other third-party rights. It is your responsibility to keep your GiiftBuzz profile information accurate and updated.
3.3 Service Eligibility
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (i) are the “Minimum Age” (i.e., 18 years old) or older; (ii) are not currently restricted from the Service, or not otherwise prohibited from having a GiiftBuzz account; (ii) are not a competitor of GiiftBuzz or are not using the Services for reasons that compete with GiiftBuzz; (iv) will only maintain one GiiftBuzz account at any given time; (v) will use your real name and only provide accurate information to GiiftBuzz; (vi) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (vii) will not violate any rights of GiiftBuzz or third party, including intellectual property rights such as copyright or trademark rights; (viii) will agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services.
The profile you create on GiiftBuzz will become part of GiiftBuzz, except that GiiftBuzz owns the information you license to us. However, between you and others, your account belongs to you. You agree to: (i) keep your password secure and confidential; (ii) not permit others to use your account; (iii) not use others’ accounts; (iv) not sell, trade, or transfer your GiiftBuzz account to another party. Further, you are responsible for anything that happens through your account until you close your account or prove that your account security was compromised due to no fault of your own.
You agree to indemnify us and hold us harmless for all damages, losses, and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third-party claims, charges, and investigations caused by your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws. You will honor your payment obligations and agree with us storing your payment information. Also, fees and taxes can be added to our prices.
If you purchase any product or services that require a payment fee, you agree to GiiftBuzz storing your payment information. Depending on where you transact with us, the type of payment method used, and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or price differences, including because of exchange rates. GiiftBuzz does not support all payment methods, currencies, or locations for payment.
3.7 Notifications and Service Messages
For purposes of service messages and notices about the Services, GiiftBuzz may place a banner notice across its pages to alert you to specific changes such as modifications to this Agreement. Alternatively, the notice may consist of an email from GiiftBuzz to an email address associated with your account, even if we have other contact information. You also agree that GiiftBuzz may communicate with you through your GiiftBuzz account or other means, including email, mobile number, telephone, or delivery services, including the postal service about your GiiftBuzz account or services associated with GiiftBuzz. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
4. Your Rights
On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, non-exclusive, no assignable, non-sub-licensable license and right to access the Services through a generally available web browser, mobile device, or GiiftBuzz authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of GiiftBuzz or its Members), view information and use the Services that we provide on GiiftBuzz webpages and in accordance with this Agreement. Any other use of GiiftBuzz contrary to our mission and purpose is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in GiiftBuzz and all related items, including any and all copies made of the GiiftBuzz website.
5. Our Rights & Obligations
5.1 Services Availability
For as long as GiiftBuzz continues to offer the Services, GiiftBuzz shall provide and seek to update, improve, and expand the Services. As a result, we allow you to access GiiftBuzz as it may exist and be available on any given day. We have no other obligations except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend, or discontinue GiiftBuzz, partially or entirely, or change and modify prices for all or part of the Services for you or all our members at our sole discretion. Unless otherwise noted, all of these changes shall be effective upon their posting on GiiftBuzz or by direct communication to you. GiiftBuzz further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice, if deemed by GiiftBuzz to be contrary to this Agreement. To avoid doubt, GiiftBuzz is not obligated to store, maintain or provide you a copy of any content you or other Members provide when using the Services.
5.2 Third Party Sites
5.3 Disclosure of User Information
5.4 Connections and Interactions with other Members
You are solely responsible for your interactions with other Members. GiiftBuzz may limit the number of connections you may have to other Members and may, in certain circumstances, prohibit you from contacting other Users through the use of the Services or otherwise limit your use of the Services. GiiftBuzz reserves the right but has no obligation to monitor disputes between you and other members and to restrict, suspend, or close your account if GiiftBuzz determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
5.5 Intellectual Property Notices
The Service includes the copyrights and Intellectual property rights of GiiftBuzz, and except for the limited license granted to you in Section 3, GiiftBuzz reserves all of its intellectual property rights in the Service. GiiftBuzz, the GiiftBuzz and logos, and other GiiftBuzz trademarks, service marks, graphics, and logos used in connection with GiiftBuzz are trademarks or registered trademarks of GiiftBuzz. Other trademarks and logos used in connection with GiiftBuzz may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.
5.6 Branding & Logos
You agrees to allow GIIFT to display your logos, offers and any content provided by the You through your Customers, Partners and Affiliates, to promote the Discounts & Offers during the term of this Agreement and to be displayed on the Website. During the term of this Agreement, you grant GIIFT a non-transferable, exclusive, paid-up right and license strictly for the purpose of promoting, marketing, communication of, and/or referring to the Offer and/or this Agreement. You shall compensate and hold GIIFT harmless in respect of any and all costs, losses, expenses (including reasonable legal costs), claims and other liabilities incurred by GIIFT as a result of a claim by a third party that the receipt and use by GIIFT of your IP in accordance with this Agreement, infringes any rights of any third party (including rights of privacy, and intellectual property rights).
5.7 Mandate Delegation
You acknowledge, consent, and agree that you have hereby given GiiftBuzz (including its subsidiaries and contractors) proxy to access third-party websites on your behalf and by using your program or card confidential information, to capture important information in relation to your program or card such as but not exclusively, remaining value or expiration date, in order to display such information into your account. In doing so, GiiftBuzz only acts as your proxy. Unless specifically mentioned, GiiftBuzz has no relationship to, or connection with, any airline, hotel, retailer, or other program sponsor or card issuer. Therefore, GiiftBuzz is not responsible for the content of linked third-party websites and does not make any representations regarding their content or accuracy: GiiftBuzz assumes no responsibility for and disclaims any liability for acts, omissions, or determinations by any program sponsor or third-party website.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, AND AS A RESULT, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON GiiftBuzz OR ITS SUPPLIERS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR GiiftBuzz AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. GiiftBuzz DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GiiftBuzz AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY GiiftBuzz OR ANYTHING RELATED TO GiiftBuzz, YOU MAY CLOSE YOUR GiiftBuzz ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION TERMINATION, AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. GiiftBuzz IS NOT RESPONSIBLE AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS IN EMAILS, POSTING OF ANSWERS, OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH GiiftBuzz TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE ON THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. GiiftBuzz DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, GiiftBuzz DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. GiiftBuzz DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE SERVICES ‘ OPERATION MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. GiiftBuzz DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, GiiftBuzz DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE GiiftBuzz SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
6.1 Mutual rights of termination
You may terminate this Agreement for any or no reason, at any time, with and advance notice of 7(seven) days to GiiftBuzz. This notice will be effective upon GiiftBuzz processing your notice. GiiftBuzz may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. Terminating your GiiftBuzz account includes disabling your access to GiiftBuzz and may also bar you from any future use of GiiftBuzz.
6.2 Misuse of the Services
GiiftBuzz may restrict, suspend, or terminate the account of any Member who abuses or misuses the Services. Misuse of the Services includes abusing the GiiftBuzz messaging services; creating multiple or false profiles; infringing any intellectual property rights, or any other behavior that GiiftBuzz, in its sole discretion, deems contrary to its purpose.
6.3 Effect of Termination
Upon termination of your GiiftBuzz account, you lose access to the Services.
7. Dispute Resolution
7.1 Law and Forum for Legal Disputes
This Agreement or any claim, cause of action, or dispute (“Claim”) arising out of or related to this Agreement shall be governed by the laws of the Republic of Singapore regardless of your country of origin or where you access GiiftBuzz, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and GiiftBuzz agree that all claims arising out of or related to this Agreement must be resolved exclusively by a court located in Singapore, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below.
7.2 Arbitration Option
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online, and/or be solely based on written submissions; the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
8. General Terms
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality, and enforceability of the remaining provisions of this Agreement will not be affected in any way.
8.3 Entire Agreement
You agree that this Agreement constitutes the entire, complete, and exclusive Agreement between you and GiiftBuzz regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
8.4 No Injunctive Relief
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection in addition to that, or exploitation of the Services or any content or other material used or displayed through the Services.
8.5 Assignment and Delegation
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially, without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, GiiftBuzz Corporation, for any third party that assumes our rights and obligations under this Agreement.
8.6 Potential Other Rights and Obligations
You may have rights or obligations under local law other than those enumerated here if you are located outside the Republic of Singapore