Terms Of Service

Privacy Policy

Eligibility, Accounts, and Registration

• By using the services provided by Giftnix, you represent and warrant that you are 13 years of age or older.
• In order to use these Services, you will be required to register for an online account.
• You may only register for one account and you agree to:
• (i) provide accurate, current and complete information;
• (ii) maintain and promptly update your account information to keep it accurate, current and complete;
• (iii) maintain the security of your password and accept all risks of unauthorized access to your account; and
• (iv) promptly notify Giftnix if you discover or otherwise suspect any security breaches related to the Services.

Trademarks

Third Party Sites and Services: Third Party Materials

Disclaimers

• YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU.
• TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
• GIFTNIX DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICES AND THE CONTENT CONTAINED THEREIN, INCLUDING ANY AND ALL:
• (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT GIFTNIX KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE);
• AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE.
• GIFTNIX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE,
• OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY GIFTNIX OR OUR AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.
• SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

Applicable Law

• Giftnix is based in the United States and our Services are subject to U.S. law.
• We make no representations or warranties that the Services are appropriate or available for use in other locations.
• If you choose to access or use the Services from locations outside the United States, you do so at your own risk and are responsible for compliance with all applicable laws, rules and regulations.
• The laws of the State of California, excluding its conflicts of law rules, govern your use of the Services.
• Your use of the Services may also be subject to other local, state, national, or international laws.
• You agree that any action at law or in equity arising out of or relating to the Services or the terms will be filed only in the state and federal courts located in Travis County, Texas,
• and you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of the Services (including, but not limited to, your use of the Services).

Intellectual Property Rights

• You acknowledge and agree that, in the event of any third-party claim that Giftnix’s mobile applications, or your possession and use thereof, infringe that third-party’s intellectual property rights, Giftnix, and not Apple,
• will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.

Termination or Modification of Services

Severability