Gifts Directory Terms of Use

 

Terms and Conditions

Effective Date: - 1st January 2007

If you wish to avail services via Gifts Directory, you must agree to the terms below as the exclusive basis which governs such transactions and must accept these terms. If you do not agree to any of the terms, do not use this site.

Gifts Directory provides an on-line directory. The items or services offered within the directory are supplied by third parties not by Gifts Directory.

THIS AGREEMENT is made between Gifts Directory and you ("the User").



1. DEFINITIONS

In this Agreement, the following terms shall have the following meanings:-

"Buyer" - an entity which buys a directory listing from Gifts Directory.

"Effective Date" - the date on which this set of terms and conditions entered effect.

"Intellectual Property Rights" - all copyrights, patents, registered and unregistered design rights, database rights, trademarks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidence and other intellectual and industrial property rights in all parts of the world.

"Material" - the item or service which the Seller is offering to sell or information relating thereto. Where the Material is a service the provisions of this Agreement which relate only to products/services shall be read as inapplicable but this shall be without prejudice to the application of such provision to information on the Gifts Directory relating to such service.

"Registration/Submission Details" - the details which are provided by the buyer of the directory listing.

"Sale" - a sale effected as a result of purchasing a listing on Gifts Directory.

"Seller" - an entity which makes a Sale. "Service" - the provision of the Website as a forum for Sales.

"Unacceptable" - Material which under the laws of any jurisdiction from which the Website may be accessed may be considered either:-

a. illegal, illicit, indecent, obscene, racist, offensive, pornographic, insulting, false, unreliable, misleading, alleged to be or actually defamatory or in infringement of third party rights (of whatever nature and including, without limitation, any Intellectual Property Rights);

b. in breach of any applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory);

c. to contravene legislation, including without limitation, that relating to weapons, animals or alcohol; d. might harm Gifts Directory reputation.

"User" - either a Buyer, Visitor or a Seller.



2. TERMS WHICH APPLY TO USERS

2.1 In registering/submission for this Website, the User or Buyer must provide accurate and up to date details

2.2 The User hereby warrants to Gifts Directory that it is at least eighteen years of age and legally able to enter into contracts for the Material.

2.3 Gifts Directory reserves the discretion to withdraw any Material from the Website without prior notice and to refuse any orders for Material made by potential Buyers.

2.4 The User's Registration/submission Details and data relating to its use of the Website will be recorded by Gifts Directory but this information shall not be disclosed to third parties (otherwise than on an aggregated, anonymous basis) nor used for any purpose unrelated to the Website.

2.5 The User hereby authorises Gifts Directory to use any information which it submits to this Website to process any Sale, inform the User of special offers and for other marketing and related purposes. Gifts Directory will not use User data for any other purposes than as set out in this Agreement except that Gifts Directory may disclose this data if compelled to do so by law, or at the request of a law enforcement agency or governmental authority.

2.7 If the User does not wish Gifts Directory to use its information as set out above, it should leave the Website before submitting its personal details.

2.8 If the User does not want Gifts Directory to use its email address to send information concerning the Website and related matters, the User should send an e-mail message to Gifts Directory and insert "unsubscribe"? as the subject heading.

2.9 Gifts Directory has appropriate security procedures in place to protect the User's personal information.

2.10 Gifts Directory reserves the right to suspend or terminate a User's or Buyer's listing where, in its absolute discretion, it deems such suspension appropriate. In the event of such suspension or termination, Gifts Directory will notify the User by email and the User must not seek to re-register either directly or indirectly through a related entity.

2.11 Gifts Directory shall not be liable for any interruption to the Service, whether intentional or otherwise.

2.12 For the avoidance of doubt, Gifts Directory is providing a service not goods.

2.13 Gifts Directory owns all Intellectual Property Rights in the Website and the Service, including without limitation, the design, text, graphics, the selection and arrangement thereof.

2.14 Gifts Directory takes reported and actual infringement of Intellectual Property Rights and fraud extremely seriously and whilst Users cannot hold Gifts Directory liable in relation to such issues, Gifts Directory requests all Users to report such matters immediately and Gifts Directory shall inform the appropriate authorities.



3. LIMITATION OF LIABILITY

3.1 Gifts Directory is not liable for any indirect loss, consequential loss, loss of profits, revenue, data or goodwill howsoever arising suffered by any User arising in any way in connection with this Agreement, Sales or for any liability of a User to any third party.

3.2 Whilst Gifts Directory will make all reasonable attempts to exclude viruses from the Website, it cannot ensure such exclusion and no liability is accepted for viruses. Thus, the User is recommended to take all appropriate safeguards before downloading information or any Material from the Website.

3.3 Gifts Directory shall not be liable for ensuring that the Material on the Website or supplied by virtue of a Sale is not Unacceptable Material and the Buyer in making any purchase from the Website accepts that it does so exclusively at its own risk.

3.4 Gifts Directory is not liable for any failure in respect of its obligations hereunder which result directly or indirectly from failure or interruption in software or services provided by third parties.

3.5 Gifts Directory is not responsible for the direct or indirect consequences of a User linking to any other website from the Website.

3.6 None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Gifts Directory or its appointed agents.

3.7 Gifts Directory is not responsible for the direct or indirect consequences of the User linking to any other website from this Website.



4. WARRANTIES AND INDEMNITY

4.1 Gifts Directory does not represent or warrant that the information accessible via the Website is accurate, complete or current. Gifts Directory has no liability whatsoever in respect of any use which the User makes of such information.

4.2 Material has not been written to meet the individual requirements of the Buyer and it the Buyer's sole responsibility to satisfy itself prior to entering into a Sale that the Material is suitable for its purposes.

4.3 All warranties, express or implied, statutory or otherwise are hereby excluded.

4.4 The User hereby agrees to indemnify Gifts Directory against all liabilities, claims and expenses that may arise from any breach of this Agreement by the User.



5. GENERAL

5.1 Subject to above clauses, this written Agreement and any other expressly incorporated document constitute the entire agreement between the parties hereto relating to the subject matter hereof and neither party has relied on any representation made by the other party unless such representation is expressly included herein. Nothing in this Clause shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable.

5.2 Gifts Directory reserves the right to alter its terms of business from time to time. The Effective Date at the time the User is reading these terms is set out at the top of this Agreement. Prior to entering into a transaction, Users should check that the effective date has not altered. If it has, the User should examine the new set of terms and only enter into a transaction if it accepts the new terms.

5.3 If any provision of this Agreement or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.

5.4 Gifts Directory reserves the right to assign or subcontract any or all of its rights and obligations under this Agreement.

5.5 The User may not assign or otherwise transfer its rights or obligations under this Agreement without Gifts Directory's prior written consent.

5.6 Any notice given pursuant hereto may be served personally or by email to the last known email address of the addressee. It is the responsibility of Users promptly to update Gifts Directory of any change of address, listing information or email address. Such notice shall be deemed to have been duly served upon and received by the addressee, when served personally, at the time of such service, when sent by email 24 hours after the same shall has been sent, or if sent by post 72 hours after put into the post correctly addressed and pre-paid.

5.7 Gifts Directory shall not be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder (other than in relation to payment) resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority.

5.8 Any delay or forbearance by Gifts Directory in enforcing any provisions of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.

5.9 This Agreement shall be governed by the laws of UAE and the parties submit to the non-exclusive jurisdiction of the Courts of UAE.