General Terms

These Terms & Conditions (“Terms“) are applicable to use of our website (“Website“), our Applications (“Application“) or any products or services in connection with the Application/Website/products (“Services“) or any modes of registrations or usage of products, including through SD cards, tablets or other storage/transmitting device and any email or other type of communication between you and The Giftlad (“Company/We/Us/Our“) and its users (“User/You/Your“).

These Terms constitute an electronic record in accordance with the provisions of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 thereunder, as amended from time to time.

Please read the Terms and the Privacy Policy of the Company (“Privacy Policy“) with respect to registration with us, the use of the Application, Website, Services and products carefully before using the Application, Website, Services or products. In the event of any discrepancy between the Terms and any other policies with respect to the Application or Website or Services or products, the provisions of these Terms shall prevail.

By using/accessing/browsing and/or subscribing any Application or Website or the Services or products or registration (with or without payment/with or without subscription) with pertaining to The Giftlad, you confirm that you are in agreement acceptance with and willingly bound yourself by the terms of service contained in the Terms & Conditions outlined below. You also represent and confirm that you have attained are at least the age of majority or of such age, which makes you competent to enter into a legally valid and binding agreement, in accordance with the prevalent laws applicable to you. If you do not agree with these Terms or the Privacy Policy, please do not use the Application or Website or avail the Services or products. These terms apply to the entire application, website and any email or other type of communication between you and The Giftlad.

Shipping Policy – The Gift Lad

At The Gift Lad, we are committed to providing you with a seamless and delightful shopping experience. To ensure clarity and transparency, we have outlined our shipping policies below:

1. Order Processing Time:

  • Orders are processed within 1-2 business days of receiving payment confirmation.
  • Orders placed on weekends or holidays will be processed on the next business day.

2. Shipping Methods:

  • We offer standard and expedited shipping options for domestic and international orders.
  • Shipping costs and estimated delivery times are calculated at checkout based on the destination and chosen shipping method.

3. Domestic Shipping (India):

  • Standard Shipping: Estimated delivery within 3-5 business days.
  • Expedited Shipping: Estimated delivery within 1-3 business days.
  • Shipping times may vary based on the destination and external factors.

4. International Shipping:

  • Standard International Shipping: Estimated delivery within 7-14 business days.
  • Expedited International Shipping: Delivery times vary based on the destination.
  • Customers are responsible for any customs duties, taxes, or fees imposed by the destination country.

5. Tracking Information:

  • Once your order is shipped, you will receive a shipping confirmation email with tracking details.
  • Please allow up to 48 hours for the tracking information to be updated.

6. Address Accuracy:

  • Customers are responsible for providing accurate shipping information.
  • Please double-check your shipping address during checkout to avoid delivery delays.

7. Order Tracking:

  • You can track your order by clicking on the tracking link provided in your shipping confirmation email.
  • For any concerns or assistance, please contact our customer support at support@thegiftlad.com.

8. Delays and Exceptions:

  • While we strive to meet delivery timelines, external factors such as weather conditions or carrier delays may impact shipping times.
  • We appreciate your understanding and patience in such situations.

9. Order Status:

  • You can check the status of your order by logging into your account on our website.

10. Contact Us:

  • For any inquiries or assistance regarding your order, please contact our customer support team at support@thegiftlad.com.

By shopping with The Gift Lad, you agree to adhere to the terms outlined in this Shipping Policy. We appreciate your trust in us and are dedicated to delivering your gifts promptly and securely. Thank you for choosing The Gift Lad for your gifting needs!

The Giftlad will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to change prices and revise the resources usage policy at any moment.

License

The Giftlad grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the application strictly in accordance with the these terms of this Agreement.

You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the The Giftlad Service. In these Terms & Conditions, “you” refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.

Definitions and key terms

To help explain things as clearly as possible in this Terms & Conditions, every time any of these terms are referenced, are strictly defined as:

  • Cookie: A small amount of data generated by a website and saved by your web browser. It is used by The Giftlad to remember information about you such as login session information.
  • Company: When this policy mentions “Company,” “we,” “us,” or “our,” it refers to The Giftlad, M-52 Delta III Greater Noida 201308 that is responsible for your information under this Terms & Conditions.
  • Country: The country where The Giftlad or the owners/founders of The Giftlad are based, in this case is India (IN)
  • Device: Any internet-connected device such as a phone, tablet, computer or any other device that can be used to visit The Giftlad and use the services.
  • Services: Refers to the services provided by The Giftlad as described in the relative terms (if available) and on this platform.
  • Third-party service: Refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
  • Website: The Giftlad’s application, which can be accessed through https://thegiftlad.com/ and all its subdomains.
  • You: A person or entity that is registered with The Giftlad to use the Services.

Restrictions

Your use of our products, Website, Application and Services is solely for Your personal and non-commercial use. Any use of the Application, Website, Services or products or their contents other than for personal purposes is prohibited. Your personal and non-commercial use of this Application, Website, products and / or our Services shall be subjected to the various terms of this Terms and Conditions and also to the following restrictions:

You agree not to, and you will not permit others to:

  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the application and/ or Website and/or Services/ products or make the platform available to any third party.
  • Modify, decompile, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the application and/ or Website and/or Services/ products.
  • Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of The Giftlad or its affiliates, partners, suppliers or the licensors of the app.

Links to Other Websites

These Terms & Conditions applies only to the Services. The Services may contain links to other websites not operated or controlled by The Giftlad. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.

Cookies

The Giftlad uses “Cookies” to identify session information and store your identity. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. Without these cookies, you would be required to enter your login details every time you visit the app as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our application at all.

Changes To Our Terms and Conditions

You acknowledge and agree that The Giftlad may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at The Giftlad’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform The Giftlad when you stop using the Service. You acknowledge and agree that if The Giftlad disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which are contained in your account.

If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below.

Modifications to Our application

The Giftlad reserves the right to modify, suspend or discontinue, temporarily or permanently, the application or any service to which it connects, with or without notice and without liability to you.

Updates to Our application

The Giftlad may from time to time provide enhancements or improvements to the features/ functionality of the application, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).

Updates may modify or delete certain features and/or functionalities of the application. You agree that The Giftlad has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the application to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the application, and (ii) subject to the terms and conditions of this Agreement.

Third-Party Services

We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third- Party Services”).

You acknowledge and agree that The Giftlad shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Giftlad does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

Term and Termination

This Agreement shall remain in effect until terminated by you or The Giftlad.

The Giftlad may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from The Giftlad, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the app and all copies thereof from your computer.

Upon termination of this Agreement, you shall cease all use of the app and delete all copies of the app from your computer.

Termination of this Agreement will not limit any of The Giftlad’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

Copyright Infringement Notice

If you are a copyright owner or such owner’s agent and believe any material on our app constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorised to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorised by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorised to act on behalf of the owner.

Indemnification

You agree to indemnify and hold The Giftlad and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the app; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party. Under no circumstances shall The Giftlad team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if The Giftlad team or an authorised representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.

No Warranties

The application is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, The Giftlad, on its own behalf and on behalf of its affiliates  and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, The Giftlad provides no warranty or undertaking, and makes no representation of any kind that the app will meet your requirements, achieve any intended results, be compatible or work with any other software, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither The Giftlad nor any The Giftlad’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the app, or the information, content, and materials or products included thereon; (ii) that the app will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the app; or (iv) that the app, its servers, the content, or e-mails sent from or on behalf of The Giftlad are free of viruses, scripts, trojan horses, worms, malware, time-bombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of The Giftlad and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the application.

To the maximum extent permitted by applicable law, in no event shall The Giftlad or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the application, third-party software and/or third-party hardware used with the application, or otherwise in connection with any provision of this Agreement), even if The Giftlad or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices published by The Giftlad on the Services, shall constitute the entire agreement between you and The Giftlad concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and The Giftlad’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND The Giftlad AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

Failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable subscription or other terms, the terms of this Agreement shall govern.

Amendments to this Agreement

The Giftlad reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least thirty (30) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use The Giftlad.

Entire Agreement

The Agreement constitutes the entire agreement between you and The Giftlad regarding your use of the application and supersedes all prior and contemporaneous written or oral agreements between you and The Giftlad.

You may be subject to additional terms and conditions that apply when you use or subscribe to other The Giftlad’s services, which The Giftlad will provide to you at the time of such use or purchase.

Updates to Our Terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.

Intellectual Property

The application and its entire contents, features and functionality (including but not limited to all information, content, material, software, text, graphics, displays, images, video, script and audio, and the design, selection and arrangement thereof), in the Application, Website, Services and products  are property of owned by The Giftlad (“Proprietary Information”). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from the The Giftlad and nothing on the Application or Website or Services or products shall be deemed to confer a license of or any other right, interest or title to, or in, any of the intellectual property rights belonging to the The Giftlad, to the User. You may own the medium on which such Proprietary information is being reflected. However, The Giftlad shall, at all times, retain full and complete title to such proprietary information, There might be certain contents on the Application, Website, Services and products which belongs to the third party. Thus, its licensors or other providers of such material and are protected by Indian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of The Giftlad or the content’s licensors, unless and except as is expressly provided in these Terms & Conditions. Any unauthorised use of the material is prohibited.

Agreement to Arbitrate

Dispute Resolution and Governing Law

In case of any issue, dispute, controversy or claim between you and The Giftlad arising out of these terms or any other document or agreement executed in connection with these Terms, shall be resolved by Arbitration conducted by a Single Arbitrator selected by the parties in accordance with the rules of the Arbitration and Conciliation Act, 1996. The language of the Arbitration shall be English. The venue of Arbitration shall be Delhi. The cost of Arbitration shall be borne by both the parties equally or as may be directed by the Arbitrator.

The term “dispute” means any dispute, action, or other controversy between you and The Giftlad concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

You acknowledge that immediate remedies at law may be sometimes inadequate; the parties shall therefore be entitled to seek additional injunctive relief in the event of any material breach of this Agreement.

This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A dispute relating to claims for injunctive or equitable relief regarding the enforcement or validity of your or The Giftlad’s intellectual property rights. The term “dispute” means any dispute, action, or other controversy between you and The Giftlad concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

Applicable Laws and Jurisdiction

These terms and conditions alongwith all other rights and obligations shall be interpreted and applied in accordance with applicable laws prevalent in state of Delhi — India. All the disputes shall be subject to the exclusive jurisdiction of the court of competence situated within the territories of state of Delhi — India.

Notice of Dispute

In the event of a dispute, you or The Giftlad must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to info@thegiftlad.com. The Giftlad will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and The Giftlad will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or The Giftlad may commence arbitration.

Binding Arbitration

If you and The Giftlad don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Indian Council of Arbitration. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

Submissions and Privacy

In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of The Giftlad without any compensation or credit to you whatsoever. The Giftlad and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

Promotions

The Giftlad may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules.

Additional terms and conditions may apply to subscriptions to services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.

Typographical Errors

In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.

Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorised representative of The Giftlad. The Giftlad will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. The Giftlad operates and controls the The Giftlad Service from its offices in India. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the The Giftlad Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate the The Giftlad Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and The Giftlad concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.

Terms and Conditions

The Giftlad is not responsible for any content, code or any other imprecision.

The Giftlad does not provide warranties or guarantees.

In no event shall The Giftlad be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

The The Giftlad Service and its contents are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied. The Giftlad is a distributor and not a publisher of the content supplied by third parties; as such, The Giftlad exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the The Giftlad Service. Without limiting the foregoing, The Giftlad specifically disclaims all warranties and representations in any content transmitted on or in connection with the The Giftlad Service or on sites that may appear as links on the The Giftlad Service, or in the products provided as a part of, or otherwise in connection with, the The Giftlad Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by The Giftlad or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, The Giftlad does not warrant that the The Giftlad Service will be uninterrupted, uncorrupted, timely, or error-free.