These Terms apply to the public Website. Purchases, gift redemption, seller activities, app use, and other GiftLinke services may be governed by separate terms presented with those services.
Introduction
These Terms and Conditions (“Terms”) govern your access to and use of giftlinke.com and its public content and features (the “Website”), operated by GiftLinke, Inc. (“GiftLinke,” “we,” “us,” or “our”). By accessing or using the Website, you agree to these Terms. If you do not agree, do not use the Website. If separate service terms conflict with these Terms, the separate terms control for that service.
1. Eligibility
You may use the Website only if you can legally agree to these Terms. If you use it for an organization, you represent that you have authority to bind that organization. You are responsible for complying with laws that apply to you.
2. Website Purpose
The Website provides information about GiftLinke and may allow visitors to contact us, request early access, or follow links to other GiftLinke services. Descriptions are general and may change as our products develop. An early-access request does not guarantee availability, eligibility, timing, or admission to any product or program.
3. Acceptable Use
You may not:
- use the Website for an unlawful, fraudulent, abusive, or harmful purpose;
- interfere with the Website or bypass security or access controls;
- introduce malware or other harmful code;
- collect Website data through unauthorized scraping, crawling, or automated means;
- impersonate another person or misrepresent your affiliation;
- infringe intellectual-property, privacy, or other rights; or
- use Website content to build, train, or improve a competing service except with our written permission or as allowed by law.
We may restrict access if we reasonably believe these Terms have been violated or access creates risk for GiftLinke, the Website, or others.
4. Intellectual Property
The Website—including its text, graphics, design, branding, logos, software, and other content—is owned by GiftLinke or its licensors and protected by intellectual-property laws. GiftLinke grants you a limited, revocable, non-exclusive, non-transferable license to use the Website for personal or internal business informational purposes.
Except as allowed by law or with our written permission, you may not copy, modify, distribute, sell, license, publicly display, reverse engineer, or create derivative works from the Website. These Terms grant no right to use GiftLinke names, logos, or trademarks.
5. Feedback and Communications
If you send ideas, suggestions, or feedback, you permit us to use it without restriction or compensation. This does not give us ownership of personal information contained in your communication; our handling of personal information is described in the Privacy & Security Policy.
You are responsible for information you submit and represent that you have the right to provide it. Do not submit confidential business information or third-party personal information unless requested and authorized.
6. Third-Party Services and Links
The Website may link to third-party websites or services. GiftLinke does not control or endorse them and is not responsible for their content, availability, security, or practices. Your use of a third-party service is governed by that provider’s terms and policies.
7. Privacy
Our Privacy & Security Policy explains how we handle personal information collected through the Website and is incorporated into these Terms by reference.
8. Disclaimers
THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, GIFTLINKE DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not promise that the Website will always be available, secure, accurate, complete, or error-free. Website content is general information, not professional advice. Nothing on the Website guarantees that a product, seller, feature, price, location, delivery option, or service will be available. Some jurisdictions do not allow certain exclusions, so they may not apply to you.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GIFTLINKE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSS ARISING FROM THE WEBSITE OR THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THEIR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM THE WEBSITE OR THESE TERMS WILL NOT EXCEED US $100.
These limitations apply regardless of legal theory and even if a remedy fails of its essential purpose. They do not limit liability that cannot lawfully be limited or excluded.
10. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless GiftLinke and its affiliates, officers, directors, employees, contractors, and agents from claims, losses, liabilities, damages, judgments, costs, and expenses arising from your unlawful misuse of the Website, violation of these Terms, or infringement of another person’s rights.
11. Governing Law and Disputes
These Terms are governed by Delaware law, without regard to conflict-of-law rules, except where the law where you live requires otherwise.
Before filing a formal claim, you and GiftLinke agree to try to resolve it informally by sending a written description to legal@giftlinke.com and allowing 30 days for a response. If unresolved, and unless applicable law requires otherwise, state and federal courts in Delaware will have exclusive jurisdiction. You and GiftLinke consent to jurisdiction and venue there.
12. Changes to the Website or Terms
We may modify or discontinue all or part of the Website. We may update these Terms by posting a revised version and changing the effective date. Changes apply prospectively. Continued use after revised Terms take effect means you accept them; if you do not agree, stop using the Website.
13. General Terms
These Terms and the Privacy & Security Policy are the entire agreement concerning the Website. If a provision is unenforceable, it will be modified only as necessary and the remainder will stay effective. Failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; GiftLinke may assign them in connection with a reorganization, merger, acquisition, asset sale, or by operation of law. Headings are for convenience only.
14. Contact Us
Questions about these Terms may be sent to GiftLinke, Inc. at legal@giftlinke.com.