Terms and Conditions

Introduction

Welcome to Giftelle ("we," "our," or "us"). These Terms and Conditions ("Terms") govern your use of our website, mobile application, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

Giftelle is a platform that connects customers with local vendors who offer gifts, baked goods, floral arrangements, and other products. We facilitate transactions between customers and vendors through our platform.

Acceptance of Terms

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using our Services on behalf of a company or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on our platform and updating the "Last Updated" date. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.

User Accounts

Account Creation

To use certain features of our Services, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violation of these Terms.

Services and Availability

Service Description

Giftelle provides a platform that enables customers to discover, order, and receive products from local vendors. We facilitate the ordering process, payment processing, and delivery coordination.

Availability

Our Services are available in select geographic areas. We do not guarantee that all products or services will be available at all times. Product availability, pricing, and delivery times are subject to change without notice.

Vendor Relationships

Vendors on our platform are independent contractors and not employees or agents of Giftelle. We are not responsible for the quality, safety, or legality of products offered by vendors, or for the accuracy of vendor listings.

Orders and Payments

Placing Orders

When you place an order through our platform, you are making an offer to purchase the products listed in your order. We will send you an order confirmation email, but this does not constitute acceptance of your order. We reserve the right to accept or decline your order for any reason.

Pricing

All prices listed on our platform are in the currency displayed and are subject to change without notice. Prices do not include applicable taxes, delivery fees, or service fees, which will be added to your total order amount.

Payment

We accept various payment methods as displayed on our platform. By providing payment information, you represent that you are authorized to use the payment method and that the payment information is accurate. All payments are processed securely through third-party payment processors.

Refunds and Cancellations

Refund and cancellation policies vary by vendor and product type. Please refer to the specific vendor's policy or contact our customer support for assistance. We reserve the right to issue refunds in our sole discretion.

Delivery

Delivery Times

Estimated delivery times are provided for your reference and are not guaranteed. Actual delivery times may vary due to factors beyond our control, including weather, traffic, and vendor availability.

Delivery Address

You are responsible for providing accurate delivery information. We are not responsible for deliveries made to incorrect addresses provided by you.

Delivery Issues

If you experience any issues with your delivery, please contact our customer support team immediately. We will work to resolve the issue in accordance with our policies.

User Content

User-Generated Content

You may submit content to our platform, including reviews, ratings, photos, and other materials ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, display, and distribute such content in connection with our Services.

Content Standards

You agree that your User Content will not:

• Violate any applicable laws or regulations
• Infringe upon the intellectual property rights of others
• Contain defamatory, obscene, or offensive material
• Contain false or misleading information
• Contain viruses or other malicious code
• Impersonate any person or entity

Content Moderation

We reserve the right to remove or modify any User Content that violates these Terms or our policies, at our sole discretion and without prior notice.

Intellectual Property

Giftelle Intellectual Property

The Services and all content, features, and functionality thereof, including but not limited to text, graphics, logos, images, and software, are owned by Giftelle or its licensors and are protected by copyright, trademark, and other intellectual property laws.

Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial purposes. You may not reproduce, modify, distribute, or create derivative works of any content from our Services without our prior written consent.

User Conduct

You agree not to use the Services for any unlawful purpose or in any manner that could damage, disable, overburden, or impair the Services. Specifically, you agree not to:

• Use the Services to harass, abuse, or harm others
• Attempt to gain unauthorized access to our systems or networks
• Use automated tools to access the Services
• Interfere with or disrupt the Services or servers
• Use the Services to transmit spam or unsolicited communications
• Violate any applicable laws or regulations
• Encourage or induce others to violate these Terms

Disclaimers and Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Merchantability and fitness for a particular purpose
• Non-infringement of third-party rights
• Accuracy, reliability, or availability of the Services
• Freedom from viruses or other harmful components

We do not guarantee that the Services will be uninterrupted, timely, secure, or error-free.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GIFTELLE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM.

Indemnification

You agree to indemnify, defend, and hold harmless Giftelle, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Services, your violation of these Terms, or your violation of any rights of another.

Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law principles.

Arbitration

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The arbitration shall be conducted by [Arbitration Organization] in accordance with its rules.

Class Action Waiver

YOU AND GIFTELLE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

Termination

We may terminate or suspend your access to the Services at any time, with or without cause, with or without notice. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.

General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and Giftelle regarding the Services.
• Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms at our discretion.
• Force Majeure: We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control.

Contact Us

If you have any questions about these Terms, please contact us. We are here to help and will respond to your inquiries as soon as possible.