GIFTALL.COM

GENERAL TERMS OF USE OF THE WEBSITE AND SALE OF DIGITAL PRODUCTS

Last Updated: February 14th, 2024

Giftall.com General Terms of Use of the Website and Sale of Digital Products (“General Terms of Use” or “T&C”) governs your access and use of www.giftall.com (“Website”) and Services as well as any other media form media channel, mobile website or mobile application related, linked or otherwise connected thereto. General Terms of Use constitutes an integral part of a legally binding agreement between you and Ananda Digital Technologies B.V. (hereinafter referred to as “Company”, “We”, or “Us”, “Our”) for each order of Digital Product.

By accessing the Platform and using the services offered, you confirm that you have read, understood, and agreed to be bound by these T&Cs. If you do not agree with these T&C, then you are expressly prohibited from using the Website and you must discontinue any use immediately.

Supplemental terms and conditions or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference.

Company reserves the right, in the sole discretion, to make changes or modifications to these T&Cs or publish another document related to the use of the Website at any time and for any reason. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised T&C and such other documents related to the use of the Website by your continued use of the Website, after the date such revised T&Cs or such documents are posted. If you do not agree to the changed Terms, you must discontinue your use of the Services and Website and will not purchase further Digital Product

You must, and hereby accept that you were made aware that you must check these T&Cs and any documentation referred to whenever you access the Website in order to ensure that you are aware of the terms that apply.

Please note that when purchasing Digital Products from giftall.com or using Giftall.com Services, specific policies may apply.

ABOUT US

Company Information. This Website and the Services are offered to you by, and any agreements concluded with respect to Digital Product will be concluded with, Ananda Digital Technologies B.V. registered (and visiting) at The Netherlands. Our VAT identification number is NL858548033B01(BTW).

Contact Us. You can contact us via e-mail at support@giftall.com. Our customer service is available via e-mail on business days between 9:00 and 17:00 (CET).

DEFINITIONS

For the purpose of these General Terms of Use, the following terms shall have a special meaning:

Giftall or Company	means Ananda Digital Technologies B.V. or the company registered with the trade registry in the Netherlands as 71017216; also referred to as “we”, “us” or “our”.
Digital Product	means data supplied in digital form by Giftall directly, or indirectly via the Digital Product Provider, over the Website. This term refers to license keys, vouchers, season passes, wallet top-ups, codes and gift cards which can be redeemed for credit at Redemption Platforms.
Digital Product Provider	means third parties from whom Giftall has procured the right to distribute its Digital Product.
General Terms of Use	means an abbreviation used to refer to these Giftall.com General Terms of Use For the Website and Sale of Digital Product (i.e., this document you are currently reviewing).
Order Confirmation	means an e-mail confirming receipt of your order.
Redemption Platform	means third-parties that publish or otherwise make available game and software titles and with whom the Digital Product can be redeemed for credit, related to that platform.
Services	the services offered by Giftall through the Website including, but not limited to the ones described in Section C.
User	means any natural person or legal entity browsing our Website and/or ordering Digital Product; also referred to in these Terms as “you” or “your”.
Website	the website offered to you by Giftall at the following URL: www.giftall.com.

OUR SERVICES OFFERED VIA THE WEBSITE

We offer a wide range of Digital Products that can be purchased through our Website. You may discover and purchase Digital Product while we provide you with issuance, delivery and redemption services of Digital Product (“Services”).

Our Digital Product comes from our Digital Product Providers and can be redeemed for credit at Redemption Platforms.

We want to make sure that you have a seamless experience while ordering from our Website. We provide comprehensive instructions on how to redeem your Digital Product, and we offer assistance in case you face any issues with the Digital Product.

Please note that we do not produce or issue Digital Product ourselves, but we work with Digital Product Providers to bring you Digital Product. At times, we may need to rely on support from Digital Product Providers for certain queries.

DIGITAL PRODUCT OFFERED VIA THE WEBSITE

When you are offered Digital Product, we will provide you with a clear description of all its features so that you can decide whether to place an order with us.

Any Digital Product you order through our Website will meet the following criteria:

(a) it will be of the quantity, quality, and description that you expect, and will have all the necessary features, compatibility, interoperability, and functionality;

(b) it will be suitable for the purpose for which Digital Product of the same type is typically used; and

The prices for Digital Product will be displayed on our website in Euros (EUR) or other appropriate local or international currencies, and will include any applicable value-added tax (VAT) at the legal rate. Although prices for Digital Product may change over time, the total and final price for each order will be indicated in your Order Confirmation, and any price changes will not affect orders for which we have already sent out an Order Confirmation.

OWNERSHIP OF WEBSITE MATERIAL

This Website and the content including but not limited to the layout, color schemes, URL’s, photos, drawings, images, font, design, graphs, pie charts, buttons, catalogs, advertisement, videos and sound front-end and back-end functions, codes, source codes, business models and all intellectual property rights included in or associated with the Website and Services, including, but not limited to patents, copyrights, trademarks, service marks, logos and trade secrets (collectively “Content”) are either owned by the Company or owned by others and licensed to the Company. For the avoidance of doubt, the meta-data of third parties, including but not limited to game screenshots, pack shots or brand names are not owned by the Company and are under the protection of intellectual property legislations applicable to such third party.

The Content and the marks are provided on the Website “AS IS” for your information and personal use only. All right, title, and interest in and to the Website, Services and such Content remains with the Company or the licensors, as applicable. Except as ordinarily occurs when a website is downloaded to your computer in the normal course of viewing such website, you may not make use of any such Content on or outside of the Website that you do not have a pre-existing legal right, title or interest in, including, without limitation, utilizing, copying, distributing, re–publishing, uploading, removing, posting, creating or attempting to create any derivative works, modifying, reverse–engineering, or transmitting any such Content, unless expressly authorized in these T&Cs. Additionally, you may not remove or alter any copyright, trademark, other intellectual property, proprietary rights notice or legend contained on the Website or in the Content. You agree not to access the Website and Services by any means other than through the interface the Company provides via the Website for use in accessing the Services. Your use of the Website or Services does not grant you any right, license, or permission of any kind to reproduce or use the Company’s intellectual property.

Subject to your use of the Website, thus accepting these T&Cs, and your payment of any applicable fees if any, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make non-commercial use of the Website, Content, and the Services. This license does not include any resale or commercial use of the Website, any Services, or Contents; any derivative use of the Website, any Service or Content; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these T&Cs are reserved and retained by the Company or its licensors, suppliers, publishers, rightsholders, or other related persons. No Service, nor any part of any Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company.

ELIGIBILITY

Users. We provide our Services of to certain Users who met the following criteria:

At least 18 years old, or older if that is required under applicable law to enter into a legally binding agreement with Giftall;
A consumer, meaning a natural person who is acting outside their trade, business, craft or profession (i.e., for personal use only); and
No intention of reselling or otherwise making available the purchased Digital Product to third parties other than the relevant Redemption Platforms.

Digital Product’s Availability and Acceptance of Digital Product Providers. All offers are subject to availability and acceptance of the order by the Digital Product Providers.

Company makes no representations and provide no warranties that:

the Website, Services and Content will be made available at any specific time or from any specific geographical location;
your access to the Website, Services or Content will be continuous or uninterrupted; or
the Website, Services, or Content will be accessible or optimized on all browsers, computers, tablets, phones, or viewing platforms.

Company reserves the right to suspend access to all or part of the Website, Services or Content for any reason, including for business or operational reasons, such as improving the appearance or functionality of the Website, content updates, periodic maintenance, or resolving any issues that Company becomes aware of. Wherever Company anticipates that the Company is required to suspend access to the Website, Services, or Content for a considerable period, Company will try to provide you with prior notice, when reasonably practicable.

You acknowledge and agree that the Company, regardless of the device or form factor chosen, is not responsible for your software or browser compatibility and functionality, hardware, and/or network connections with the Website, or for your resulting access to, availability of, use of, and timing, receipt, and accuracy of the information transmitted to or received from the Website and/or its features.

ORDERING, USAGE, CANCELLATIONS & REFUNDS PROCEDURES OF DIGITAL PRODUCTS

Order Procedure and Payment

Order. Register and/or log in to your account and add available Digital Product from any Digital Product Provider to your shopping cart. As long as at least one item of Digital Product is in your shopping cart, you can continue to the checkout page to confirm your order.

Order Confirmation. Once you place an order, we will send you an Order Confirmation to confirm that we have accepted your order and an agreement has been reached between you and Giftall, as governed by these General Terms of Use. In case we are unable to provide you with the Digital Product that you have ordered, we will inform you in writing (including via e-mail) as soon as possible.

Supply Period. Once you purchase a Digital Product on our Website, they will be delivered to you via e-mail address associated with your account or by displaying the code associated with your order directly on the Website. We will make the Digital Product available to you within 24 hours after having sent you an Order Confirmation unless indicated otherwise.

No Refund After Usage. After redeeming the Digital Product within the Redemption Platform, modifying, reversing, or refunding an order is no longer possible (Please see Section G, Paragraph 3: Cancellation and Refund Procedure for more details).

Payment. You can purchase your ordered Digital Product via our Website only by using credit cards supplied by American Express, China Union Pay, Diners Club/Discover, JCB, MasterCard, and Visa. We reserve the right to change, remove, or modify payment methods at our discretion without prior notice.

Once you complete your order, you'll be taken to the payment provider's system you selected. If the payment provider declines your payment, your order will be canceled. Keep in mind, only debit and credit cards in your name and with your details are allowed for transactions. Using someone else's card is strictly forbidden. Not adhering to this rule is a serious breach of T&C and can lead to immediate termination of your account without warning. Also, we hold the right to alter, delete, or modify available payment options at any time, without prior notice.

Payment Authorization by Third-Parties. Please note that payment methods offered via our Website may require further authorization by third-party issuers and scheme owners, which could cause a delay in processing your order. We reserve the right to ask for reasonable proof of ID or in case of suspected fraudulent transactions.

Our Refusal and/or Cancellation. Despite our best efforts, we may not be able to fulfill your order. Therefore, we reserve the right to refuse or cancel your order for each of the following reasons in addition to any other rights to refuse or cancel your order:

If the Digital Product you ordered is no longer available;
If the pricing was an obvious mistake and we cannot reasonably be asked to accept such a pricing error;
If your payment was not received or could otherwise not be properly processed (e.g., due to malfunction, operator error etc.);
If we suspect your order to not be in compliance with these General Terms of Use;
If the e-mail address provided to us by you is invalid or we could otherwise not deliver the Digital Product to you; or
If we cannot make the Digital Product available to you due to a situation of force majeure (overmacht).

If we accept a transaction cancellation request and refund a Digital Product, but discover prior to the actual cancellation of such Digital Product that it has been redeemed or used to access the Redemption Platforms of Digital Product Providers, we are entitled to immediately reverse any credit raised in connection with such transaction. You shall be expected to comply with each Digital Product Provider’s withdrawal, refund, credit, deactivation or return policies as notified to you in writing.

Use of Digital Product

It is important to note that if you purchase any Digital Product from Giftall, you must redeem it using the Redemption Platform advertised for the offer before the expiration date mentioned. Failure to do so will result in the loss of its value, and you will not be eligible for any refund. Deadline for use, if any, of each Digital Product is stated as you purchase the said Digital Product. Failure or inability to duly and lawfully redeem such Digital Product on time may directly result in invalidity of Digital Product. You hereby accept, agree and acknowledge that you are well informed about possible deadline for usage for some of the Digital Products offered on the Website. Therefore, you hereby irrevocably agree and accept that you will hold the Company harmless against any damages, losses, or claims of any kind arising out of or in connection with these matters.

Additionally, after the Digital Product has been made available to you, it becomes your responsibility to ensure that the license keys, vouchers, season passes, wallet top-ups, and gift cards or any other Digital Product are kept confidential and secure. You agree not to share the Digital Product with anyone other than the Redemption Platform for which it was intended.

Cancellation and Refund Procedure

All Digital Products are digital items that are non-refundable and non-returnable since it is not possible to ascertain whether a Digital Product has already been used, the Services can only be used once, and the right of withdrawal is not available. For this reason, refunds will not be issued due to your dissatisfaction with the Digital Product.

You are entitled to cancel your order for Digital Product, for whatever reason, within 14 (fourteen) days from the date of order, only If you haven’t already redeemed the Digital Product key from our Website.

Once you have successfully canceled your order as mentioned above, you will be entitled to a refund which will be reimbursed within 14 calendar days after we were informed of your decision to invoke your right to cancel your order. Refunds will be issued to the same payment method used for the original order.

If you wish to cancel your order, you can do so by contacting us via the means described under Section A: Contact Us and by unequivocally stating your decision to cancel your order. Please make sure you mention your first and last name and your order number and this information is identical to the data initially submitted on your order.

However, you will no longer be able to cancel your order or otherwise get a refund for your order, once you have successfully redeemed the Digital Product key from our Website.

FURTERMORE, PLEASE BE AWARE THAT ONCE THE DIGITAL PRODUCT IS DELIVERED TO YOU BY THE COMPANY IN ANY WAY OR FORMAT, YOU WILL NOT BE ABLE TO ASK FOR REFUND OR RETURN. UPON THE DELIVERY OF DIGITAL PRODUCT TO YOU BY THE COMPANY, YOU DIRECTLY AND NATURALLY LOSE ANY RIGHTS OF REFUND OR RETURN. DUE TO THE SPECIFIC AND UNIQUE NATURE OF THE SUBJECT MATTER OF THIS T&C, YOU HEREBY ACCEPT AND AGREE THAT IT IS NECESSARY FOR THE PERFORMANCE OF THE SUBJECT MATTER OF THIS T&C TO WAIVE ANY RIGHT OF YOURS REGARDING REFUND OR RETURN OF DIGITAL PRODUCTS.

Deleting Your Account

Deleting your account means terminating the provisions of our Services to you. It involves removing the User’s account from the Website, which will result in the loss of access to all features of the account. Account deletion involves ending the provision of Services from us to you. This entails the removal of your Account from the Website, resulting in the User losing access to it. We would like to remind you that the condition of use for the purchased Digital Products are separate and that you will remain responsible to the relevant Redemption Platform.

Suspending an account temporarily blocks the User's access to all features of the account, which means that during this period, the User cannot utilize any of the Services or place any orders.

The User has the authority to delete their account at any time. To initiate account deletion, the User should reach out to us through the available support systems or contact forms on the Website. The account will be removed within 7 days from the receipt of the request.

PROMOTIONS

From time to time and at its own discretion, Giftall, may offer promotions to some or all of its Users. These promotions are subject to the following rules, in conjunction with the specific terms of any promotion:

Giftall may stop or discontinue a promotion at any time and at its own discretion.
Prices for Digital Product may vary depending on the geographical regions, and a User may not qualify to purchase a Digital Product at the advertised price in the event that the User’s domicile is not the same with the region for which the price was advertised.
Giftall may decide that a specific User does not qualify for a promotion or a discount at its sole discretion.
The number of Digital Product that can be purchased by a User may be limited by Giftall.
Digital Product subject to promotion may run out of stock and Giftall does not guarantee the availability of the Digital Product.
Giftall reserves the right to unilaterally change the prices of the Digital Product without any notice.
Users are not allowed to combine any vouchers or discounts unless expressly stated in writing by Giftall.
It is not possible for Users to claim the monetary equivalent for any discounts or vouchers unless expressly stated in writing by Giftall.

THIRD PARTY SERVICES AND CONTENT

Please note that your use of Digital Product is usually subject to additional terms and conditions supplied by the producers of the Digital Product, such as end-user license agreements (EULAs). By using the Digital Content, you warrant that you will comply with all such referenced additional terms and conditions.

In order to provide you with a better user experience of the Website, we may require the use of third-party technology components, which may be subject to your agreement to terms and conditions supplied by these third parties. We strive to indicate the applicability of such additional terms and conditions where possible in a clear manner.

We may also display third-party content via our Website, such as through frames. That content is the sole responsibility and liability of the third-party making it available to you, and we do not make any warranties or representations concerning the accuracy, veracity or legal status of such third-party content. We disclaim any liability in this regard.

The Website may contain links to other websites or resources, which may be provided by third parties. As these sites and resources are beyond our control, you acknowledge and accept that we are not responsible for the availability of such external sites or resources and do not endorse or guarantee the accuracy or reliability of any information, content, products or other materials on or available from such sites or resources. You acknowledge and agree that we do not have any obligation to monitor, evaluate or review any of these external resources, and we do not warrant or endorse any information, content, offers, or claims of these third parties. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource.

USER’S RESPONSIBILITIES

When you are using our Website or Services, we expect you to adhere to certain guidelines:

Make sure to protect the confidentiality and security of your user account and login details for the Website or Services by using best efforts.
Do not harass or threaten other Users;
Do not use our Website, Digital Product, or Services for processing infringing or otherwise unlawful content;
Do not infringe upon Giftall’s or a third parties’ intellectual property rights, and refrain from committing any other wrongful acts towards Giftall, Digital Product Providers, Redemption Platforms or any other third-party;
Do not use our Website or Services for commercial purposes without our prior written consent;
Do not use automated means to access or otherwise engage with our Services or Website, beyond using interfaces explicitly provided by us for use by our Users;
Do not interfere with, limit or impede access to or use of the Website or Services for other Users;
Do not try to access to other Users’ accounts, Digital Product, or any other parts of our Website or Services of which you are aware or should reasonably be aware that they are not to be made available or accessible to you;
Do not adapt, modify or reverse engineer the Website, Digital Product or Services, except insofar as such actions cannot be excluded under applicable law, without our explicit prior written consent;
Do not intentionally test the security of our Website or Services, without our explicit prior written consent;
Do not resell or otherwise re-provide (access to) our Services or Digital Product, without our explicit prior written consent;
Do not transfer your user account to a third person.
Follow all of our reasonable instructions regarding the use of Digital Product, the Services and the Website, including these General Terms of Use; and
Comply with all applicable laws and regulations regarding online conduct, non-discrimination, intellectual property rights, and data protection.

SUSPENSION OR TERMINATION OF SERVICES OR ACCESS TO THE WEBSITE

Immediate Suspension or Termination. We reserve the right to suspend or terminate your access to our Website and/or Services, partially or entirely, with immediate and indefinite effect, and without prior notice, if you fail to comply with any of the guidelines mentioned in Section J or other parts of the General Terms of Use. This will be determined at our sole discretion, and you will not be entitled to any compensation or refund for the same.

Notifications. We will make reasonable efforts to notify you of any decision to suspend or terminate your access to or use of the Website or Services prior to such a decision coming into effect, except in cases of immediate suspension or termination as mentioned above.

If you cause damages by failing to comply with these General Terms of Use, our decision to suspend or terminate your access to or use of the Website or Services will not affect our right to also seek compensation for damages. We expressly reserve the right to seek compensation of damages and costs.

USER-GENERATED CONTENT

You may be able to store, upload, submit or otherwise cause content to be processed via our Website or Services. In doing so, you retain any rights you have with respect to this content, but grant us, the Digital Product Providers, Redemption Platforms, as well as any subcontractors engaged by us, a worldwide, perpetual, royalty-free, fully paid, non-exclusive license to use, store, host, reproduce, display, modify and distribute such content for the purposes of providing, promoting, monetizing and improving our Website and Services. You warrant and represent that you are entitled to grant this license to us, the Digital Product Providers, Redemption Platforms, and our subcontractors without infringing any third-party rights, including intellectual property rights and privacy rights.

You agree to indemnify and hold all parties mentioned above harmless from and against all third-party liabilities, claims, damages and expenses (including reasonable attorney fees) arising from or relating to content stored, uploaded, submitted or otherwise processed via the Services or Website by you.

We are entitled to remove any of your content stored, sent or otherwise processed via our Services or Website if necessary to protect our rights or the rights of third parties. We are entitled to do so with immediate effect and without prior notice, but we will try to inform you in advance to give you reasonable time to mitigate the infringement yourself. To the extent permitted by law, we will inform you of any reports we receive from a third-party alleging your infringement of their rights.

CHANGES TO THE WEBSITE AND SERVICES

We are entitled to change the Services and the Website, at any time and at our sole discretion. We aim to do so with a minimally adverse impact on your access to or use of the Services and Website and will try to inform you of any maintenance in advance. With respect to the changes described herein, we will use best efforts to notify you of such changes at least 24 hours in advance.

We are entitled to permanently stop providing the Services to you or stop providing the Website to you, at any time and for whatever reason. In addition, we are entitled to limit the functionality of the Services and Website. With respect to the changes described herein, we will use best efforts to notify you of such changes at least one month in advance.

You will be deemed to have accepted this article in case you continue to use your account, Website or, Services after any such change and you hereby waive any right you may have related thereto.

DATA PROTECTION AND PRIVACY

In order to provide our Website or Services to you, we may need to process your personal data. In addition, you yourself may also choose to store, upload, send, submit or otherwise cause content containing your personal data to be processed via our Website or Services.

It is important that you read and understand our privacy policy (available at www.giftall.com), which explains how we process and protect your personal data when you use our Services or Website. By using our Website and Services, you agree that we are entitled to process your personal data in accordance with that privacy policy.

SECURITY AND RESPONSIBLE DISCLOSURE

We understand the importance of safety and security of our systems and data. However, we acknowledge that vulnerabilities may still exist despite our efforts. If you happen to stumble upon a vulnerability in our Services or Website, we kindly request you to take the following steps:

Report the vulnerability to us without undue delay, so we can take mitigating measures as soon as possible;
Do not exploit or otherwise use the vulnerability more than strictly necessary to assess its extent and report it to us. For example, refrain from disrupting the Services or Website for other Users, copying data from our systems or using the vulnerability to launch attacks or mass-communications against third-party websites or services;

iii. Do not share the vulnerability with any third party without our prior written consent; and

Submit any vulnerability report to us via e-mail at support@giftall.com. We aim to respond to your report within 10 business days and to treat your report and identity as confidential information.
We agree not to bring a claim for damages against you for discovering a security vulnerability in our Website provided that you adhered to the steps described hereunder.

INTELLECTUAL PROPERTY RIGHTS

All our intellectual property rights, including but not limited to any copyrights, trademarks, design rights, database rights, and know-how, in connection with the Services, the Digital Product or the Website, including the selection and arrangement of the user-generated content referred to in Section L are and shall remain the sole property of Giftall and, to the extent applicable, its third-party licensors (e.g. Digital Product Providers).
These General Terms of Use do not grant you any license or other rights to use our trademarks, logo or designs, nor do we transfer any of our intellectual property to you.

DISCLAIMER AND LIMITATION OF LIABILITIES

Please note that we are not liable for any damages that you may suffer, directly or indirectly, as a result of using of our Website or Services, regardless of the nature of the claim (i.e., tort, contract or otherwise). If the liability exclusion stated herein is not enforceable against you, our liability shall be limited to the compensation of damages with a maximum of the value of the order(s) placed and accepted by us.

However, please be aware that none of the exclusions or limitations mentioned in these General Terms of Use shall apply to damages caused by personal injury or death, or damages resulting from our willful misconduct or gross negligence.

You agree to indemnify and hold us harmless from and against all third-party liabilities, claims, damages and expenses (including reasonable attorney fees) arising from your access to or use of the Services or Website.

THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS, OR IMPLIED, AS TO:

THE SERVICES,
THE WEBSITE AND CONTENT;

IN ADDITION, COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES AND THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES.

COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICES OR WEBSITE, ARE ACCURATE, COMPLETE OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THESE IS AT YOUR SOLE RISK. COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES OR WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE T&Cs.

BY ACCESSING OR USING THE PLATFORM YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR THE SERVICES.

COMPANY DOES NOT ENDORSE THE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY DIGITAL PRODUCT, SERVICE OR WEBSITE.

GOVERNING LAW AND DISPUTE RESOLUTION

These General Terms of Use are governed by the laws of the Netherlands, without application of its conflict of laws/rules. We will first attempt to settle any dispute that arises amicably. If we won’t be able to reach an amicable solution, you must first submit any disputes arising in connection to the Website, the Services or the General Terms of Use to the Online Dispute Resolution (ODR) platform provided by the European Commission (available at https://ec.europa.eu/consumers/odr). We will do the same if you reside in Belgium, Germany, Luxemburg or Poland. In all other cases, disputes will exclusively be submitted to the competent court in Amsterdam, the Netherlands.

If you are using our Services or Website for personal use only (i.e., you are a consumer) and reside in a European country which, by mandatory law, does not allow for the choice of law, jurisdiction or venue described above, the laws of your country of residence will apply and disputes may be submitted to your local jurisdiction and venue.

MISCELLANEOUS

These Terms are primarily available in English and all agreements governed by them shall be considered concluded in English. While translations to other languages may be provided for convenience, the English original shall always be leading with respect to the interpretation of these General Terms of Use and all agreements governed by them.
Additionally, we reserve the right to subcontract our rights and obligations related to our performance of the Services to any third party without your consent.
If any provision of the General Terms of Use be or become invalid or unenforceable in whole or in part, the remaining provisions shall continue to apply in full and Giftall and the User agree to negotiate in good faith with respect to a valid and enforceable provision approaching as closely as possible the intent of the invalid or unenforceable provision, in order to replace it.
Finally, please note that any failure by us to enforce any provision of the agreement at any time shall not be deemed to be a waiver of our right under these General Terms of Use, nor shall it prejudice any of our rights to take subsequent action.