Customer Agreement



Giftopolitan Terms of Service or Terms and Conditions or Terms of Use("Agreement")


Welcome to the Giftopolitan Site. By using Giftopolitan.com ("Giftopolitan" , "Giftopolitan.com", "the Site", "us", "we", or "our"), you are agreeing to these Terms of Use (defined below). Please read them carefully. If you have any questions, contact us here.
These Terms of Use were last updated on May 1, 2016.


ACCEPTANCE OF TERMS OF USE

Please read these Terms of Service ("Agreement", "Terms of Service", "Terms and Conditions", "Terms of Use") carefully before using www.Giftopolitan.com ("the Site") operated by Giftopolitan ("the Site", "us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.Giftopolitan.com. By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Giftopolitan without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. NO WARRANTIES OF ANY KIND (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE GIVEN WITH RESPECT TO THE PROPRIETARY INFORMATION DISCLOSED OR USED UNDER THIS AGREEMENT, AND NEITHER PARTY SHALL BE LIABLE TO THE OTHER DAMAGES ARISING OUT OF OR CAUSED BY DEFECTS OR DEFICIENCIES IN THE PROPRIETARY INFORMATION OF EITHER PARTY, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Giftopolitan OR RELATED TO THE SITE IS TO DISCONTINUE YOUR USE OF THE SITE. IN NO EVENT SHALL Giftopolitan's LIABILITY, OR THE LIABILITY OF Giftopolitan's AFFILIATES, OFFICERS, DIRECTORS, AGENTS, SellerS, OR ADVERTISERS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID Giftopolitan DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. UNDER NO CIRCUMSTANCES SHALL Giftopolitan, ITS ADVERTISERS, SellerS, PRODUCT OR SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, THE SERVICES, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, THE PRODUCTS OR SERVICES LISTED ON THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Giftopolitan OR ITS OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, ADVERTISERS, SellerS, OR PRODUCT OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION
IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE SITE AND DO NOT USE ANY Giftopolitan SERVICE, PARTICIPATE IN ANY PROGRAM OR PURCHASE ANY item/product, VOUCHER, PRODUCT OR OTHER GOOD OR SERVICE OFFERED THROUGH THE SITE.

These Terms of Use are organized as follows:

 

 

Posting on Giftopolitan


Giftopolitan is a leading high-touch marketing site for small business. Business can post their products on Giftopolitan to get more exposure to their products and business.


 

Third Party Links


This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

 

 

 

Posting item/product on Giftopolitan


Anyone can post multiple items/products . Seller can define their own items/products and sale prices as per their term. Seller is provided with options where they can define the product/item/product they are selling on Giftopolitan, along with images and shipping price for the product.

By submitting a item/product on Giftopolitan, Seller is agreeing to all the Seller terms. Submission of a item/product does not obligate Giftopolitan to accept or approve a item/product request or any of its contents nor to promote. The submitted item/product goes through approval process. if Giftopolitan doesnt feel the item/product is upto the terms of Giftopolitan it has the right to block the product from Giftopolitan.

If Seller decided to terminate the item/product after submission, Seller needs to provide minimum of 3 weeks of notice before Giftopolitan is able to pull the Seller's item/product or product from Giftopolitan. Seller is responsible and liable for all the items/products or products submitted and sold by them on Giftopolitan.Seller is resposible for all the content and terms and for any purchaser's use or reliance on any of the foregoing. Seller may not 1) offer to sell any goods or services on terms or in a manner that is prohibited by law; 2) include any content that violates or infringes in any way upon the rights of any third-party; or 3) include any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or which encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any law.Giftopolitan reserves the right to block or cancel a item/product at any time with out prior notice to the Seller.

 

Access to Giftopolitan

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any ter


 

Indemnification


Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

 

 

Participation in Promotions


From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

 

E-mail, Messaging, Blogging, and Chat Services


We may make email, messaging, blogging, or chat services (collectively, “Communications”) available to users of our site, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.

We will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by court or governmental order. Further information is available in our Privacy Policy.

We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.

Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked message.

 

 

International Use


This site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited

 

 

 

Arbitration


For any disputes or discrepancies you may have with Giftopolitan, you agree to first contact us and attempt to resolve the dispute with us informally. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitrator shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copy no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement. Giftopolitan shall be excused from performance under these Terms and conditions, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Giftopolitan.

 

Copyright and trademark notices


All contents of the www.Giftopolitan.com website are Copyright © 2016 Giftopolitan and/or its suppliers, affiliates and partners. All rights reserved. Disclaimer: The images, products, services and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied and shall remain under Giftopolitan possession unless agreed upon by Giftopolitan and user/client. Giftopolitan SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Giftopolitan takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our images, products or services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

 

 

Miscellaneous


These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms of Use.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision

 

 

Intellectual Property Rights


Seller agrees and acknowledges that Giftopolitan owns all right, title, and interest in the Giftopolitan Website, Giftopolitan trademarks, and any software, technology or tools used by Giftopolitan to promote, market, sell, generate, or distribute the items/products or Products (collectively the "Giftopolitan IP"). Seller shall not rent, lease, sublicense, distribute, transfer, copy, reproduce, download, display, modify or timeshare the Giftopolitan IP or any portion thereof, or use such Giftopolitan IP as a component of or a base for goods or services prepared for commercial sale, sublicense, lease, access or distribution. Seller shall not prepare any derivative work based on the Giftopolitan IP. Seller shall not translate, reverse engineer, decompile or disassemble the Giftopolitan IP.
Seller grants to Giftopolitan a non-exclusive worldwide license and right to use, reproduce, display, distribute and transmit the Seller's name, logo and any trademarks and any photographs, graphics, artwork, text and other content provided or specified by Seller ("Seller IP") in connection with the marketing, promotion, sale or distribution of items/products or Products, in any and all media, formats or platforms in which such items/products or Products are marketed, promoted, transmitted, sold, or distributed, including but not limited to on the Giftopolitan Website.

 

Purchase Price
Buyer agrees to pay the Purchase Price of the Goods as posted on this website attached hereto.

 

Delivery
Unless otherwise agreed in writing, delivery shall be made in accordance with Seller’s shipping policy in effect on the date of shipment. Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by Seller, Goods shall be packaged according to Seller’s standards and practices.

 

Limited Warranty
Unless otherwise agreed in writing, delivery shall be made in accordance with Seller’s shipping policy in effect on the date of shipment. Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by Seller, Goods shall be packaged according to Seller’s standards and practices.

 

About Using Our Site


You agree:

  • You are at least 18 years of age
  • You are not barred from receiving products or services under applicable law;
  • You will not attempt to use the Site with crawlers, robots, data mining or extraction tools or any other functionality
  • You will only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers
  • You will only make purchases on the Site for your own use and enjoyment or, as a gift for another person
  • You have the right to provide any and all information you submit to the Site, the information and all such information is accurate, true, current and complete
  • You will update and correct information you have submitted to the Site and ensure that it is accurate at all times (out-of-date information will invalidate your account)
  • You are able to create a binding legal obligation
  • You will only purchase a Merchant Offering, Product or participate in other available programs through the Site by creating an account on the Site, and any purchase will be subject to the applicable Terms and conditions.

 

Intellectual Property Rights


Vendor agrees and acknowledges that Giftopolitan owns all right, title, and interest in the Giftopolitan Website, Giftopolitan trademarks, and any software, technology or tools used by Giftopolitan to promote, market, sell, generate, or distribute the Deals or Products (collectively the "Giftopolitan IP"). Vendor shall not rent, lease, sublicense, distribute, transfer, copy, reproduce, download, display, modify or timeshare the Giftopolitan IP or any portion thereof, or use such Giftopolitan IP as a component of or a base for goods or services prepared for commercial sale, sublicense, lease, access or distribution. Vendor shall not prepare any derivative work based on the Giftopolitan IP. Vendor shall not translate, reverse engineer, decompile or disassemble the Giftopolitan IP.
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Disclaimers and Limitation of Liability


Giftopolitan makes no representations or warranties of any kind, expressed or implied, as to the operation of the Site or to the content, information, products, or services featured on the Site. Giftopolitan provides this Site on an "as is" and "as available" basis. User agrees to use this Site at User's own risk. User expressly understands and agrees that Giftopolitan, its employees, officers, shareholders, contractors, agents, affiliated parties, or any person or entity involved in creating, producing, posting or distributing Giftopolitan Content will under no circumstances be liable for damages, including, without limitation, direct, indirect, incidental, punitive, or consequential damages arising out of the use or inability to use the Site, however caused and under any theory of liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Giftopolitan AND ITS OFFICERS, DIRECTORS, AGENTS, VENDORS, AFFILIATES, AND ADVERTISERS DISCLAIM IMPLIED WARRANTIES THAT THE SITE AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. Giftopolitan DOES NOT GUARANTEE THAT THE SITE WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. Giftopolitan DOES NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, INCLUDING ANY SERVICES OR DEALS, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. Giftopolitan MAKES NO WARRANTIES AS TO PRIVACY AND SECURITY OTHER THAN AS EXPRESSLY STATED IN THE PRIVACY POLICY. Giftopolitan DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A Giftopolitan REPRESENTATIVE SHALL CREATE A WARRANTY. Giftopolitan ALSO, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIMS ANY LIABILITY ARISING FORM AND RELATED TO THE GOODS OR SERVICES COVERED BY ANY DEAL THAT YOU MAY PURCHASE. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE ADVERTISER IS SOLELY RESPONSIBLE FOR ADDRESSING ANY DEFICIENCIES ASSOCIATED WITH OR LIABILITIES ARISING FROM ITS GOODS OR SERVICES.

 

Changes To This Agreement


We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions. Please review this Terms and Conditions periodically for changes. If you do not agree to any of these Terms and Conditions or any changes to these Terms and Conditions, do not use, access or continue to access the Site or discontinue any use of the Site immediately. If you have any questions about this Agreement, please contact us at [email protected]