Terms and Conditions of Use Agreement
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
SITE. We maintain this web site as a service to our customers, and by using
our site you are agreeing to comply with and be bound by the following terms of
use. Please review the following terms and conditions carefully, and check them
periodically for changes. If you do not agree to the terms and conditions, you
should not review information or obtain goods, services or products from this
site.
PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER AND A
1. Acceptance of Agreement. You agree to the terms and conditions
outlined in this Terms and Conditions of use Agreement ("Agreement")
with respect to our site (the "Site"). This Agreement constitutes the
entire and only agreement between us and you, and supersedes all prior or
contemporaneous agreements, representations, warranties and understandings with
respect to the Site, the content, products or services provided by or through
the Site, and the subject matter of this Agreement. This Agreement may be
amended by us at any time and from time to time without specific notice to you.
The latest Agreement will be posted on the Site, and you should review this
Agreement prior to using the Site.
2. Copyright. The content, organization, graphics, design, compilation,
magnetic translation, digital conversion and other matters related to the Site
are protected under applicable copyrights, trademarks, registered trademarks
and other proprietary (including but not limited to intellectual property)
rights. The copying, redistribution, use or publication by you of any such
matters or any part of the Site, except as allowed by Section 4, is strictly
prohibited. You do not acquire ownership rights to any content, document or
other materials viewed through the Site. The posting of information or
materials on the Site does not constitute a waiver of any right in such
information and materials.
3. Fraud: By becoming a member, you confirm that the information
provided in this form is true and that you agree to abide by the Terms and
Conditions of use of this site. Please note that your membership can be
cancelled without notice if it is determined that false or misleading
information has been provided, the Terms and Conditions of use have been
violated, or other abuses have occurred as determined by Click4Gifts
in its sole discretion. If membership has been revoked, Click4Gifts reserves
the right to refuse application or readmission to the membership program.
4. Limited Right to Use. The viewing, printing or downloading of any
content, graphic, form or document from the Site grants you only a limited, nonexclusive
license for use solely by you for your own personal use and not for
republication, distribution, assignment, sublicense, sale, preparation of
derivative works or other use. No part of any content, form or document may be
reproduced in any form or incorporated into any information retrieval system,
electronic or mechanical, other than for your personal use (but not for resale
or redistribution).
5. Editing, Deleting and Modification. We reserve the right in our sole
discretion to edit or delete any documents, information or other content
appearing on the Site, including this Agreement, without further notice to
users of the Site.
6. Indemnification. You agree to indemnify, defend and hold us and our
partners, attorneys, staff and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and expense, including
reasonable attorney's fees, related to your violation of this Agreement or use
of the Site.
7. Nontransferable. Your right to use the Site is not transferable. Any
password or right given to you to obtain information or documents is not
transferable and may only be used by you.
8. Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED
"AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR
IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR
YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION,
WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS,
LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF
DAMAGES SET
9. Limits. All responsibility or liability for any damages caused by
viruses contained within the electronic file containing the form or document is
disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO
USE OUR SITE. Our maximum liability to you under all circumstances will be
equal to the purchase price you pay for any goods, services or information.
10. Use of Information. We reserve the right, and you authorize us, to
the use and assignment of all information regarding Site uses by you and all
information provided by you in any manner consistent with our Privacy Policy.
11. Third-Party Services. We allow access to or advertise third-party
merchant sites ("Merchants") from which you may purchase or otherwise
obtain certain goods or services. You understand that we do not operate or
control the products or services offered by Merchants. Merchants are
responsible for all aspects of order processing, fulfillment, billing and
customer service. We are not a party to the transactions entered into between
you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK
AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE
INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR
NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING
FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION
APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
12. Third-Party Merchant Policies. All rules, policies (including
privacy policies) and operating procedures of Merchants will apply to you while
on such sites. We are not responsible for information provided by you to
Merchants. We and the Merchants are independent contractors and neither party
has authority to make any representations or commitments on behalf of the
other.
13.
Privacy Policy. Our Privacy Policy,
as it may change from time to time, is a part of this Agreement.
14.
Payments. We accept payments only in British Pound. You represent
and warrant that if you are purchasing something from us or from our Merchants
that (i) any credit card information you supply is true, correct and complete,
(i) charges incurred by you will be honored by your credit card company, and
(iii) you will pay the charges incurred by you at the posted prices, including
any shipping fees and applicable taxes.
15.
Securities Laws. This Site may include statements concerning our
operations, prospects, strategies, financial condition, future economic performance
and demand for our products or services, as well as our intentions, plans and
objectives that are forward-looking statements. These statements are based upon
a number of assumptions and estimates which are subject to significant
uncertainties, many of which are beyond our control. When used on our Site,
words like "anticipates," "expects," "believes,"
"estimates," "seeks," "plans,"
"intends" and similar expressions are intended to identify
forward-looking statements designed to fall within securities law safe harbors
for forward-looking statements. The Site and the information contained herein
do not constitute an offer or a solicitation of an offer for sale of any
securities. None of the information contained herein is intended to be, and
shall not be deemed to be, incorporated into any of our securities-related
filings or documents.
16.
Links to Other Web Sites. The Site contains links to other Web sites. We
are not responsible for the content, accuracy or opinions express in such Web
sites, and such Web sites are not investigated, monitored or checked for
accuracy or completeness by us. Inclusion of any linked Web site on our Site
does not imply approval or endorsement of the linked Web site by us. If you
decide to leave our Site and access these third-party sites, you do so at your
own risk.
17.
Submissions. All suggestions, ideas, notes, concepts and other
information you may from time to time send to us (collectively,
"Submissions") shall be deemed and shall remain our sole property and
shall not be subject to any obligation of confidence on our part. Without
limiting the foregoing, we shall be deemed to own all known and hereafter
existing rights of every kind and nature regarding the Submissions and shall be
entitled to unrestricted use of the Submissions for any purpose, without
compensation to the provider of the Submissions.
18.
Return Policy. Please read our
for further details.
19.
Venue; Applicable Law. This contract is and shall be deemed to have been
made in
20.
Lapsed Accounts: In order to keep Click4Gifts membership roster current,
if a Member does not access his or her account for a period of 365 days
or more, Click4Gifts may, in its sole discretion, terminate such Member's
account. Click4Gifts will endeavor to notify a Member of Click4Gifts intent to
terminate such Member's account by notice to such Member's provided email
address at least 21 days prior to deactivation. If the Member fails to respond
to such email notice within 21 days after the day it is sent by Click4Gifts,
such Member's account will be terminated as noted above. Therefore, Click4Gifts
strongly recommends that all Members keep their accounts and contact data
current and in use. While Click4Gifts desires to prevent active accounts from
being terminated prematurely, Click4Gifts has no obligation to maintain
accounts that appear to Click4Gifts to have been abandoned. Each Member agrees
that failure to access his or her account for 365 days or more conclusively
indicates that such Member's account has been abandoned and that the account
may therefore be terminated.
21. Verify Members' Address: Click4Gifts reserves the right to contact a
Member via email to verify the accuracy of account information (including the
Member's correct name and address) that is needed to provide the Member with
the information he or she requested from Click4Gifts.
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