Terms of Use

Terms Of Use for GiftGonk.com

(Without doubt, the most boring page on the whole site!!)

GiftGonkGroup Limited (“GiftGonk”), as owners of GiftGonk.com gives its users the opportunity to browse, discover and buy all kinds of unique, weird and wonderful products and gifts via our website and affiliates. This service is provided subject to the following terms and conditions.

1. GENERAL

The following are the Terms of Use (“Terms”) under which you may use www.GiftGonk.com (the “Site”). By using the Site, You, the user, whether individual or an entity, expressly agree to be bound by these Terms, including the GiftGonk.com Privacy Policy. GiftGonk may revise these Terms at any time by posting an updated version on the Site.

 

2. YOUR ELIGIBILITY

By visiting the Site and accepting these Terms, You confirm to GiftGonk that You have the right, authority and capacity to agree to and abide by these Terms. You also undertake that You will abide by all applicable laws and regulations when using or referencing the Site.

 

3. PRIVACY

We take the privacy of our users data extremely seriously. Please read our Privacy Policy if you want to know more.

 

4. INTELLECTUAL PROPERTY

The Site and all materials contained in the Site are protected by the applicable Copyright and Trade Mark Legislation.

 

5. LICENSE

GiftGonkGroup grants you a non-exclusive, non-transferable, limited license to access and make personal, non-commercial, transitory use of the Site. You must not download (other than page caching) or modify the Site, or any portion of it, except where you are given express written permission by GiftGonk.

This license allows users of the Site to browse for products and gifts and to purchase them for personal use. This is the grant of a license and not a transfer of title. Users are also prohibited from modifying or copying any of the Site content; making any use of the Site or its Content in any derived manner; downloading or copying any account information or listing information for the benefit of any third party; or using any ‘crawling’, data-gathering, mining or extraction tools.

All content on the Site is the property of GiftGonk. No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, or for any public display (commercial or non-commercial), without the express written consent of GiftGonk. You may not attempt to deconstruct, decompile or otherwise manipulate any software contained on the Site or remove any copyright or proprietary notations, logos, icons or characters. You must not transfer any site content to any other third party entity or person, nor mirror the Site or its contents on any other server.

Any unauthorized use of the Site or its content immediately terminates the permission or license granted by GiftGonk and may result in civil and criminal liability. On such termination you must ensure destruction of any and all downloaded materials you have made from the Site both in your possession and the possession of any entity to whom you have passed such content – both electronic and printed format.

 

6. SITE RESTRICTIONS

Users must not use the Site to transmit, distribute, post, store or destroy material, including, without limitation, all content in violation of any applicable law or regulation; or in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others; or in violation of the privacy, publicity or other personal rights of others, or in a manner that is defamatory, obscene, threatening, abusive or hateful.

Users are also prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following activities: accessing data not intended for such User or logging into a server or account which the User is not authorized to access; attempting to examine, scrutinise or test the vulnerability of a Site related system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing”, or “crashing” the Site; or attempting to affect or interfere with any TCP/IP packet header or any part of the header information in any email or posting on the Site.

Attempts to violate Site related systems or network security immediately terminate the permission or license granted by GiftGonk and may result in civil and/or criminal liability.

 

7. PROHIBITED USES

The Site may be used to list products only for lawful purposes by Users of the Site. You may not frame or utilize framing techniques to enclose any trademark, logo, copyrighted image, or any other proprietary information (including images, text, page layout, or form) of GiftGonk without express written consent. You may not use any meta tags or any other “hidden text” utilizing GiftGonk’s name or trademarks without the express written consent of GiftGonk.

You agree not to sell or modify any content found on the Site including, but not limited to, names of Users and Content. You also agree not to reproduce, display, publicly perform, distribute, or otherwise use the Content, in any way for any public purpose, in connection with products or services that are not those of GiftGonk or in any other manner that is likely to cause confusion among consumers, that defames, disparages or discredits GiftGonk or its licensors, that dilutes the strength of GiftGonk’s or its licensor’s property, or that otherwise infringes GiftGonk’s or its licensor’s intellectual property rights.

You further agree to in no other way misuse the Content that appears on the Site. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited. Any programming code that GiftGonk creates to generate or display any Content of the pages making up the Site is also protected by GiftGonk’s copyright, and you may not copy or adapt such code.

GiftGonk has no duty to monitor any materials posted, transmitted, or communicated to or with the Site. If you believe that something on the Site violates these Terms please contact us at [email protected]

If notified by a User of any materials which allegedly do not conform to these Terms, GiftGonk may, at its sole discretion, investigate the allegation and determine whether to take any other actions or remove, or request the removal, of the Content. GiftGonk has no liability or responsibility to Users for performance or non-performance of such activities.

 

8. ELECTRONIC COMMUNICATION

All communication between the User and the Site is by electronic means only. This includes, but is not limited to, visiting and using the site, sending or receiving emails and posting notices. You agree that all information that we provide to you electronically, including, without limitation, notices, disclosures, agreements and any other communications, fully satisfy any legal requirement that such communication is in writing.

 

9. COPYRIGHT

All content included on this Site, including text, graphics, logos, icons, images, data and software, is the property of GiftGonk or its content suppliers and is protected by United Kingdom, United States and other applicable international copyright laws. The assembly and composition of all content on this Site is the exclusive property of GiftGonk and is protected by applicable U.K, U.S. and international copyright laws. All software used on this Site is the property of GiftGonk or its software suppliers and is protected by applicable U.K, U.S. and international copyright laws.

 

10. TRADEMARKS

GiftGonk.com, GiftGonk, and other GiftGonk characters, graphics, logos, page headers, icons, images, and service names are trademarks, registered trademarks, or trade dress of GiftGonk in the U.S., U.K. and other countries. GiftGonk’s trademarks and trade dress may not be used in connection with any product or service that is not GiftGonk’s, in any manner that is likely to cause confusion among the public, or in any manner that disparages or discredits GiftGonk. All other trademarks not owned by GiftGonk that may appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GiftGonk.

 

11. YOUR ACCOUNT

At all times, you are responsible for maintaining the confidentiality of your account and password and for controlling access to your computer. You agree to accept responsibility for all activities that occur under your Site account and password. You also agree to not disclose any personally identifiable data, including, but not limited to, first and last names, credentials, or other information of a personal nature (“Personal Data”) obtained from the Site. Your disclosure of any Personal Data obtained from the Site may result in the immediate termination of your account.  GiftGonk further reserves the right to refuse service, terminate accounts, and remove or edit Content at its sole discretion.

GiftGonk does not represent or guarantee the truthfulness, accuracy, or reliability of Content on the site, including Personal Data. Each User is responsible for updating and revising any relevant account information when necessary to maintain the truthfulness, accuracy, or reliability of the information.

 

12. REVIEWS AND CONTENT – INTENTIONALLY REMOVED UNTIL REQUIRED

 

13. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The Site is a place where Users may view and/or purchase products or services. Neither GiftGonk nor the Site has control over the quality or fitness for a particular purpose of any product. GiftGonk also has no control over the accuracy, reliability, completeness, or timeliness of any User-submitted information and makes no representations or warranties about any information on the Site.

The site and all information, content, materials, products, software and services included on or otherwise made available to you through this site, or its links, are provided by GiftGonk on an “as is” and “as available” basis, unless otherwise specified in writing. GiftGonk makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products, software or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk.

To the full extent permissible by applicable law, GiftGonk disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. GiftGonk does not warrant that this site; information, content, materials, products, software or services included on or otherwise made available to you through the site; its servers; other site links or email sent from GiftGonk are free of viruses or other harmful components. GiftGonk will not be liable for any damages of any kind arising from the use of the site or from any information, content, materials, products, software or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. Under no circumstance shall GiftGonk’s liability arising out of or in connection with the site or your use of the site, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), exceed £100.

 

14. REVISIONS AND ERRORS

The Site could include technical, typographical, or photographic errors. GiftGonk does not warrant that any of the materials on the Site are accurate, complete, or current. GiftGonk may also make changes to the Site content and format at any time without notice, but does not make any commitment to update the materials.

 

15. SITE LINKS

GiftGonk does not undertake to review all or any of the sites linked to the Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement of the site by GiftGonk. Use of any such linked web site is at the user’s own risk.

 

16. INDEMNITY

You agree to hold harmless, defend and indemnify GiftGonk, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal, accounting, and other service provider fees, alleging or resulting from any Content of other material You provide to the Site, Your use of any Content, or Your breach of the terms of these Terms. GiftGonk shall endeavour to provide notice to You promptly of any such claim, suit, or proceeding.

 

17. APPLICABLE LAW

By using the Site, you agree that the laws of the United Kingdom, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and GiftGonk.

 

18. DISPUTES

Any dispute relating in any way to Your visit to the Site or to services obtained through the Site shall be adjudicated in a U.K court and You consent to exclusive jurisdiction and venue in such a court.

 

19. SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our Privacy Policy which is also posted on the Site. This policy also governs your use of the Site and is incorporated, by reference, as part of the Terms of Use for the Site. GiftGonk reserves the right to make changes to the Site, policies, and these Terms of Use at any time without notice. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

 

20. OUR ADDRESS

GiftGonkGroup Ltd.

20-22 Wenlock Road

London N1 7GU