In this Agreement, we use various defined terms. This is what they mean:
"The Site" means the website located at www.giftwizard.co and other online areas owned or operated by MyTreat LTD. , such as our various plugins and applications.
"The Plugin" means the product provides sales, marketing and distribution of superior Gift Cards and eGifts operated by MyTreat LTD. , such as the product that can be download at by online stores at https://apps.shopify.com/giftwizard
"Service" means all or any of the services provided by GiftWizard via The Site and Plugin.
CONDITIONAL USE OF OUR SITE AND SERVICES
Your permission to use GiftWizard is conditioned upon your agreement that you:
Are 18 years of age or older, or that you are between 13 and 17 years of age and have a parent’s or guardian’s permission to use The Site
Will comply with these Terms of Service,
Will provide accurate information when creating an account or registering for our Services,
Will not use the communication systems provided by or contacts made on GiftWizard for any commercial solicitation purposes,
Will represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorize GiftWizard to use any and all Content submitted by you to GiftWizard in accordance with the licenses granted in this Agreement,
Will only access GiftWizard using your true and genuine account, and not create multiple accounts with the purpose of accessing individual GiftWizard campaigns,
EQUIPMENT GiftWizard shall not be liable for any damages to the End User’s equipment resulting from t.
YOUR ACCOUNT AND GIFTWIZARD PROFILE GiftWizard relies on e-commerce engines to know when users access the Site. If someone accesses our Site or Services using e-commerce engines, we will rely on them and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your e-commerce engines. Please notify us immediately if you become aware that your account is being used without authorization.
NON-CONFIDENTIALITY, SECURITY AND PRIVACY
You understand that much of the information that you submit to us is submitted precisely for the purpose of disclosure in a variety of ways by GiftWizard, and therefore such information is not subject to any confidentiality obligation. Other information, such as credit card information provided in connection with the purchase of a Deal, is maintained with appropriate privacy and security protections. You agree that information provided to us in connection with the purchase, other than your credit card information, may be disclosed by us to the GiftWizard participating retailers for their commercial purposes.
RULES REGARDING INFORMATION AND OTHER CONTENT
When you use the Site and the Plugin or download the Plugin, you can publish and obtain access to various kinds of information and materials. You agree not to post or use any content in any manner that:
Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of GiftWizard or MyTReat Ltd.,
Violates the privacy, publicity, or other rights of third parties,
Is unlawful, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, pornographic, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by GiftWizard in its sole discretion,
Is false or inaccurate,
Could damage our company, parent company, sister companies, affiliates, advertisers, or other parties.
You may be exposed through the Site or Services to content that violates our policies or is otherwise offensive. We take no responsibility for your exposure to content on the Site whether it violates our content policies or not.
GENERAL RULES OF USER CONDUCT
Prohibited Conduct You agree that you will not use the Application or Services for any revenue generating endeavor, commercial enterprise or other purpose for which it is not designed or intended, including any unauthorized non-commercial marketing and promotional campaigns, target or mass solicitation campaigns or political campaigning.
GiftWizard is not responsible for a member’s misuse or misappropriation of any content or information.
We don’t have control over websites that GiftWizard may be linked to. By using GiftWizard you expressly relieve us from any and all liability arising from your use of any third party Site.
DISCLAIMER AND WARRANTIES THE GIFTWIZARD SITE AND PLUGIN, INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION RELATED THERETO, ARE PROVIDED AS A MERE VENUE AND ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE SITE OR PLUGIN WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SITE AT ANY TIME OR TO DISCONTINUE DISPLAYING OR PROVIDING ANY AND ALL INFORMATION, CONTENT, CHALLENGES OR FEATURES WITHOUT A NOTICE TO YOU. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY, OR QUALITY OF THE SITE, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OR CHALLENGE RELATED ANY TO OR MADE IN ANY USER GENERATED CONTENT AND/OR INFORMATION RECEIVED THROUGH THE SITE. THE COMPANY DOES NOT ENDORSE ANY ENTITY, PRODUCT OR PLATFORM MENTIONED IN ANY USER GENERATED CONTENT AND/OR ANY UNSAFE, DAMAGING OR HARMFUL CHALLENGE.
Limitation of Liability YOU HEREBY ACKNOWLEDGE AND AGREE THAT THIS COMPANY OPERATES THE GIFTWIZARD SITE OR PLUGIN AS A MERE VENUE. THE USE OF THE GIFTWIZARD SITE OR PLUGIN IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF THE SITE, OR THE USE OR INABILITY TO USE THE SITE, REGARDLESS OF WHETHER THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT DEROGATING FROM THE FOREGOING, COMPANY IS NOT AND WILL NOT BE ANY PART TO ANY SUCCESSFUL COMPLETION APPROVAL AND/OR ANY DISPUTES RESULTING BETWEEN USERS OF THE SITE FOR ANY REASON, WHETHER WITH RESPECT TO ANY USE OF OR INTERACTION WITH THE SITE AND/OR FOR ANY OTHER REASON. >XCEPT WHERE LIABILITY IS MANDATORY, IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO TEN US DOLLARS ($10).
INDEMNIFICATION You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Site; (ii) your violation of any term of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
INTELLECTUAL PROPERTY The Plugin and the Intellectual Property rights pertaining thereto (other than User Generated Content), including, but not limited to, inventions, patents and patent applications, trademarks, trade names, copyrightable materials, graphics, text, designs (including the "look and feel" of the Plugin and the site), specifications, methods, procedures, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered (collectively, "Intellectual Property"), are owned and/or licensed to the Company and subject to copyright and other applicable intellectual property rights under Israeli laws, foreign laws and international conventions.
COPYRIGHT/TRADEMARK COMPLAINTS GiftWizard respects the intellectual property of others. If you believe that your work has been copied, or infringed, in a way that constitutes copyright infringement or trademark infringement, please contact the Company's Copyright agent at firstname.lastname@example.org
ENTIRE AGREEMENT, CHANGES TO THIS AGREEMENT AND WAIVERS We reserve the right to amend these terms and conditions at any time. All amendments to these terms and conditions will be posted online. Continued use of the Service or the Site or a Treat will be deemed to constitute acceptance of the new terms and conditions.
Contracting Party, Choice of Law, Location for Resolving Disputes, Contact Information This Agreement is between you and the company My Treat LTD in Israel. The laws of Israel govern the interpretation of this Agreement and any disputes arising in connection with it, regardless of conflict of laws principles. Any claim or dispute between you and GiftWuzard that arises out of or relates to this Agreement shall be decided exclusively by a court of competent jurisdiction located in Tel Aviv, Israel.
FORCE MAJEURE GiftWizard shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labor dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
CONTACT You may contact GiftWizard at the following address: MyTreat LTD, Montefiore 33, 65201, Tel Aviv, Israel.