Conditions of Use
Applicability and structure
1. These conditions of use (“Conditions of Use”) apply to all visits to and all use of the webshop (the “webshop”) of Giftmania, Bay Square Building 12 office 806, Business Bay, Dubai (hereinafter: “Giftmania”) as well as to all information, data and materials (including but not limited to software) provided to you (the “Connected Party”) on or through the Webshop (the "Information").
2. These Conditions of Use apply to and form an integral part of the distribution agreement between the Connected Party and Giftmania (the "Agreement").
3. The Terms & Conditions of Giftmania International B.V. (“Terms & Conditions”) are applicable to all offers made on the Giftmania Webshop, to all orders placed by the Connected Party with Giftmania via the Giftmania Webshop, to all other agreements between the Connected Party and Giftmania (including but not limited to the Agreement) and to the delivery of goods from Giftmania to the Connected Party. The Terms & Conditions are available on the Webshop.
4. In the event of contrariety between the provisions in these Conditions of Use, the Terms & Conditions and the Agreement, the following order of priority applies, unless explicitly provided otherwise in these Conditions of Use: the Agreement, the Terms & Conditions, these Conditions of Use.
Access and security
5. After accepting these Conditions of Use, the Connected Party will receive an access code and identification data. The Connected Party is responsible for guaranteeing full secrecy of the access code and the identification data. The Connected Party is fully responsible and liable for all use of the access code or the identification data, even if the Connected Party is not aware of such use.
6. The Connected Party is obliged to log off at the end of each session.
7. The Connected Party shall take the necessary technical and organizational measures to limit the access to and use of the Webshop to the use explicitly allowed in these Conditions of Use and shall protect (the access to) the Webshop from unauthorized access, transmission or use.
8. Giftmania shall take reasonable measures to prevent unauthorized access by third parties. However, Giftmania cannot guarantee that unauthorized access is prevented.
9. The Connected Party shall inform Giftmania immediately of illegal or unauthorized use of the access code or the identification data of the Connected Party or every other (attempt at) security infringement of the Giftmania Webshop.
10. If Giftmania suspects that the Connected Party violates any provision of article 5 through 9, then Giftmania can take appropriate measures, such as immediately blocking access to the Webshop. This article 9 does not affect other rights of Giftmania under the law, the Agreement, the Terms & Conditions or any these Conditions of Use.
Intellectual property rights
11. All intellectual property rights to the Webshop and the Information are owned by Giftmania and its licensors. Giftmania grants the Connected Party for the duration of the Agreement, a non-transferable, non-exclusive, non-sublicensable license to use the Giftmania Webshop and Information within the organization of the Connceted Party to the extent expressly permitted in the Agreement or the General Conditions. Any other use of the Webshop or the Information is permitted only with prior written consent of Giftmania.
12. The Connected Party is not allowed to use the trade names or brand names of Giftmania, its group companies or its licensors without prior written consent of Giftmania.
Webshop, Information, liability
- 13. Giftmania provides the Webshop and the Information to the Connected Party in the current state ("as is") without any warranty. The Connected Party must comply with the technical preconditions applicable to the Giftmania Webshop.
At its discretion, Giftmania may make changes to the Webshop. Giftmania is permitted to terminate the exploitation of the Giftmania Webshop at any time without charge, without notice and without giving reasons.
15. The Connected Party will comply with any usage guidelines, use limitations and instructions issued by Giftmania in addition to these Conditions of Use. The Connected Party will not use the Webshop or the Information to generate, develop, implement, store, send, or publish information or materials in (i) violation of law or regulation, the Agreement, the Terms & Conditions or these Conditions of Use, or the (other) rights of Giftmania or third parties, or (ii) in a manner that is otherwise unlawful or harmful to Giftmania or third parties.
16. The Connected Party will keep all Information which is confidential by its nature or the circumstances, both during and after termination of the Agreement, strictly confidential, will not disclose such Information to third parties and make it only available to those employees and subcontractors that require such Information for the performance of the Agreement. This obligation does not apply (i) to the extent disclosure is required by law, or (ii) if the Information is in the public domain, without breach of this clause.
17. The greatest possible care has been taken in creating this website. Despite the constant care and attention taken, Giftmania cannot guarantee that the Webshop and the Information are always complete, correct or up to date. The Information is for general information purposes only and does not constitute advice. Giftmania can not guarantee that the Information will not infringe the intellectual property rights of third parties or is otherwise unlawful towards a third party.
18. Giftmania shall not be liable for any damages resulting from the use (or inability to make use) of the Webshop or the Information. Information originating from third parties only constitutes an expression of the personal opinions of those third parties. Giftmania is not responsible and shall not be liable for such Information. (Hyper)links on this website may direct visitors to external websites which are maintained by third parties. Giftmania is not responsible and shall not be liable for the contents and the functioning of these external websites. Giftmania is also not responsible and shall not be liable for the quality of products or services that may be offered on such external websites. This article applies in deviation of any liability provision in the Agreement or the Terms & Conditions. The exclusions do not apply to the extent any damage is the result of any wilful misconduct or gross negligence on the part of Giftmania.
19. Dutch law shall exclusively govern these Conditions of Use.
20. If any provision of these Conditions of Use is null and void or becomes nullified, the other provisions of these Conditions of Use shall remain in full force, and Giftmania and the Connected Party shall enter into consultation in order to agree new provisions to replace the void or nullified provisions, as the case may be, with the tenor of the void or nullified provision being taken into consideration as much as possible.
21. Unless agreed otherwise, the Connected Party will immediately cease the use of the Webshop and the Information after cancellation or termination of the Agreement.