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Terms Of Service

 

 

These Terms of Service govern your rights and obligations, as users of the Portals administered and managed by E-Giftly. Unless otherwise provided by E-Giftly, all Portals introduced and managed by E-Giftly shall be governed by these Terms of Service. 

 

By registering an account with E-Giftly and continued use of the Portals, it shall be deemed as acceptance of these Terms of Service by you., You hereby acknowledge and accept that your continued usage of the Portals shall be governed by these Terms of Service and any other guidelines and procedures, specific rules, procedures, terms and conditions for the products, services or facilities offered as determined or as may be amended by E-Giftly at any time or from time to time at its absolute discretion. Such other guidelines and procedures, specific rules, procedures, terms and conditions for the products, services or facilities offered shall be deemed to be incorporated by reference and form part of these Terms of Service. 

 

The Services are provided by TechFuture FZE. (“E-Giftly”), located at 022-Block C VL - 08 - Sharjah, United Arab of Emirates ( UAE )

 

1. Definitions 

In these Terms of Service, the following words and expression shall have the following meanings unless the context otherwise requires: 

Account: means your account duly registered with E-Giftly to facilitate your use of the Services available on the Portals (or any of them); 

Digital Goods: means digitized content, such as E-codes, E-pin, Gift Card, Time Card, Expansion, Game Points, Pre-paid Card, Trial/Beta/Item Code, Game Key, Softpin and related features and functionality; 

Gift Card: means an electronic gift card purchased on any of the Portals which contains a stored value available for redemption on the Portals; 

E-Giftly Points: means the points rewarded to you by E-Giftly for purchase of goods and services on the Portals, and includes such other description used for these points at any time; Parties: means collectively, E-Giftly and you and “Party” shall mean any one of them; 

Portals: means collectively, the web portals presently known as E-Giftly.com and such other web portals of E-Giftly introduced, administered and managed by E-Giftly from time to time; 

Pre-paid Card: means any card, the value of which you have paid for and loaded onto such card; Services: means the services provided by E-Giftly on the Portals, including, without limitation, publishing, reselling and retailing online games and related merchandise,; 

Softpin: means activation codes that are generated by game publishers for use on a particular game; 

Wallet Balance: means the electronic credit value available in the Account at any time; 

Terms of Service: means these Terms of Service governing the use of the Services by you as may be amended at any time and from time to time as and when E-Giftly shall in its absolute discretion deems necessary and shall include: (i) any guidelines, privacy policy, rules, procedures, Terms of Service for products, services or facilities, as determined by E-Giftly from time to time; and (ii) any documents, directives, correspondence and agreements referred to in these Terms of Service and forming a part hereof, together with any amendments made at any time or from time to time to any of the foregoing; 

 

2. License to Use 

In consideration for you agreeing to these Terms of Service and your continued observance and compliance of these Terms of Service, E-Giftly hereby grants you a revocable, non-commercial, nonexclusive, non-transferable license to access the Portals and use the Services in accordance with and and subject to the terms and conditions stated herein. 

The Portals and Services provided by E-Giftly and any portion thereof may not be reproduced, duplicated, copied, downloaded, sold, resold, visited or otherwise exploited for commercial purposes without the express consent from E-Giftly. Any unauthorized use shall terminate the license granted by E-Giftly. 

 

3. Representations and Warranties 

Each time when you access the Portals (or any of them), you irrevocably and unconditionally represent and warrant that: 

 

4. Use of Services 

You shall not use any intellectual property belonging to E-Giftly or any publishers listed on the Portals, including, without limitation, trademarks or trade names, whether registered or not, without the prior written consent of E-Giftly. 

E-Giftly shall not be liable for any errors, losses or damages caused by your use of the Services.

 

5. Digital Goods 

 

REFUND AND EXCHANGE POLICY & DISCLAIMER 

Unless otherwise specified, any form of Digital Goods purchased into the customer's Account is nonrefundable, non-transferable, and non-exchangable. 

E-Giftly retains sole discretion to consider refund or exchange requests under exceptional cases, such as if the goods bought-in in any form of Digital Goods is deemed faulty or damaged or expired before the date of the transaction. 

The customer is required to submit a request to E-Giftly.com within 2 months from the date of purchase on any faulty or damaged goods. Failure to do so will automatically forfeit the customer's right to make any refund or exchange. 

For further details regarding the refund and exchange of Goods, please refer to [https://egiftly.com/site/refunds-and-cancellation-policy/ 

 

6. Payment 

 

7. Availability of Services 

 

  1.  immediately terminate, discontinue, withdraw or suspend your use of the Services; or 
  2.  impose conditions or restrictions on your use of the Service. 

  In addition to above, if you do not utilize the Services for a continuous period of three (3) months, EGiftly may, at its absolute discretion, charge a fee for the maintenance of your Account. 

 

  

8. wallet balance 

Wallet balance can be topped-up in the Account through the payment methods listed on the Portals. 

Wallet balance can be used to purchase any of the Services or Digital Goods. 

  1. Reject or suspend the transaction; or 
  2. Require you to pay the shortfall through any of the other methods of payment available on the Portals. 

For further details regarding the refund and exchange of Goods, please refer to [https://egiftly.com/site/refunds-and-cancellation-policy/ 

 

 

9. Gift Card 

For further details regarding the refund and exchange of Goods, please refer to [https://egiftly.com/site/refunds-and-cancellation-policy/ 

 

 

 

 

 

REFUND AND EXCHANGE POLICY & DISCLAIMER 

E-Giftly shall not be held responsible for the loss or damage of the Gift Card and any of the losses or damages suffered by the holder of the Gift Card that arise from or in connection with the loss or damage of the Gift Card. 

Any form of Gift Card, e-pin , e-code , Game Points, Pre-paid Card, Trial/Beta/Item Code, Game Key, purchased into the customer's account is neither refundable nor exchangeable. 

However, refund or exchange request in exceptional cases will be considered if the goods bought-in in any form of Gift Card, e-pin , e-code , Game Points, Pre-paid Card, Trial/Beta/Item Code, Game Key, is deemed faulty or damaged. 

The customer is required to submit a request to E-Giftly.com within 2 months from the date of purchase on any faulty or damaged goods. Failure to do so will automatically forfeit the customer's right to make any refund or exchange. 

E-Giftly reserves the right to amend any of the terms and conditions above without prior notice. For further details regarding the refund and exchange of Goods, please refer to [https://egiftly.com/site/refunds-and-cancellation-policy/ 

 

10. Limitation on Liability You agree and confirm that: 

  1. E-Giftly shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Portals and Services, even if E-Giftly has been advised of the possibility of such damages. E-Giftly shall not be liable for any damages, liability or losses arising out of your use of or reliance on the E-Giftly Portals and Services or your inability to access or use the same. 
  2. E-Giftly does not assume any responsibility or liability for the products, or content produced by any third parties. You should carefully review their privacy statements and other conditions of use. (c) In any event, the liability of E-Giftly shall be limited to value of the Services provided by E-Giftly to you for the 3 months prior to the date such damage is allegedly first suffered. 

(d) The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law. 

 

 

11. Intellectual Property Rights 

 

All copyrights, trade marks, service marks belong to the corresponding owners/publishers and EGiftly is not related or associated to any of the said owners/publishers in any respect. All Services offered on the Portals are offered by E-Giftly, not the owners/publishers. 

Except as expressly authorized by these Terms, you have no right, title, or interest in or to the intellectual property rights. You may not, without any express written permission (or that of our supplier or licensors, where applicable), in any form or by any means adapt, reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, circulate, or create derivative works from any of our Intellectual Property. 

Such copyrights, trade marks, service marks, and other intellectual property rights owned by and used by E-Giftly in its provision of Services solely belongs to E-Giftly or its licensors, and shall remain E-Giftly’ or its licensors’ property. Neither these Terms of Services nor the use of the Services convey or grants you any rights: (i) in relation to the Services except for the limited licence granted above; or (ii) to use or reference in any manner the E-Giftly’ company name/brand, logo, product and service name(s), trademarkes or services marks, or those of E-Giftly’licensors. 

 

 

12. Reliability of Portals 

 

You are aware that all transactions conducted on the Portals are through telecommunication and data network, and may be subject to disruption due to technical malfunctions, defects, or problems by reason or in connection with the network provider. 

 

13. Your e-giftly Account 

 

 

14. Disclosure of Information 

 

  1. such persons as E-Giftly may be required to disclose under the applicable law; 
  2. such other persons or entity pursuant to any governmental directive or order of the court; or 
  3. any other party to whom disclosure is deemed to be reasonably necessary by E-Giftly in relation to the provision of Services to you. 

 Save as otherwise permitted above, E-Giftly will not disclose your personal information to any other party without prior notification to you. 

 

15. Applicable Laws and Regulations 

 

 

16. Suspension, Termination, Cancellation of Services 

 

another user. E-Giftly shall notify you via e-mail or any other form of communication of such suspension, termination or cancellation. 

  1. all rights granted to you hereunder shall immediately will be frozen pending investigations; 
  2. all Digital Goods held under your Account or otherwise purchased by you shall be frozen pending investigations; 
  3. E-Giftly may at its absolute discretion, decide not to act on any request received by you after the effective date of suspension; 
  4. E-Giftly may at its absolute discretion, decide not to act on any confirmation or request received by you between the date of notice of suspension is given to you and the effective date of suspension (if there is a lapse of time between the two dates); and 
  5. E-Giftly shall notify you of the outcome of investigations. 

    Upon cancellation or termination of the Services (or any part thereof): 

  1. all rights granted to you hereunder shall immediately terminate and shall revert to E-Giftly; 
  2. you shall immediately pay to E-Giftly all outstanding fees and charges due and owing to E-Giftly; 
  3. E-Giftly may at its absolute discretion, decide not to act on any request received by you after the effective date of termination; 
  4. E-Giftly may at its absolute discretion, decide not to act on any confirmation or request received by you between the date of notice of cancellation/termination is given to you and the effective date of termination (if there is a lapse of time between the two dates); and 
  5. you hereby irrevocably and unconditionally authorise E-Giftly to set off all moneys due and owing by you to E-Giftly (if any) from the moneys that are payable by E-Giftly to you in respect of the delivered purchased Digital Goods. 

 

17. Notices 

 

Giftly’ address listed on the Portals. Any notice or document sent by you to E-Giftly shall be deemed duly notified when such notice or document is received by E-Giftly. 

  1. electronic mail to your last known electronic mail address according to E-Giftly’ records; 
  2. posting the notice or communication on the Portals; 
  3. notices placed with or in any of E-Giftly’ written communications to you; 
  4. notices placed through any media. 

 Any notice or document or communication through electronic mail or any other form of communication given by E-Giftly to you shall be deemed to be served and received by you on the day following the date of transmission of such notice or document. 

 

18. Waiver and Severance 

 


 

19. Variation 

 

 

20. Assignment 

 

You may not assign rights under these Terms of Service without the prior written consent of E-Giftly. 

 

 

21. Binding Effect 

 

These Terms of Service shall be binding on your heirs, personal and legal representatives, estate, successors-in-title and permitted assigns (where applicable) you.