Terms & Conditions
Last Updated: November 1, 2024
Agreement to Terms
These Terms and Conditions ("Terms") govern your access to and use of the GiftMahya website located at giftmahyaa.org (the "Website"). The Website is owned and operated by GiftMahya, a business located at 1101 Twin C Ln, Newark, DE 19713, United States ("we," "us," or "our").
By accessing or using our Website, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Website. We reserve the right to modify these Terms at any time, and we will notify you of material changes by posting the updated Terms on this page with a new "Last Updated" date. Your continued use of the Website after such changes constitutes your acceptance of the new Terms.
Description of Service
GiftMahya provides educational and informational content about digital gift cards. Our Website offers:
- Information about how digital gift cards work
- Guidance on gift card security and best practices
- Educational content about different types of gift cards
- Tips for choosing and using gift cards safely
- Answers to frequently asked questions about digital gifting
Important: GiftMahya does not sell, issue, redeem, or provide customer service for gift cards. We are an informational resource only. Any transactions involving gift cards must be conducted directly with retailers or authorized gift card platforms.
Eligibility
By using our Website, you represent and warrant that:
- You are at least 18 years of age or have reached the age of majority in your jurisdiction
- You have the legal capacity to enter into these Terms
- You will use the Website in compliance with these Terms and all applicable laws and regulations
- All information you provide to us is accurate, current, and complete
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by GiftMahya, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
- You may store files that are automatically cached by your web browser for display enhancement purposes
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use
You must not modify copies of any materials from this Website, use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
- To impersonate or attempt to impersonate GiftMahya, a GiftMahya employee, another user, or any other person or entity
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which may harm GiftMahya or users of the Website
- To use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website
- To use any robot, spider, or other automatic device, process, or means to access the Website for any purpose
- To introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
- To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website
- To attack the Website via a denial-of-service attack or a distributed denial-of-service attack
User Contributions and Communications
When you contact us or provide feedback, suggestions, or other communications ("User Contributions"), you grant us the right to use, reproduce, modify, and distribute such User Contributions for any purpose without compensation to you. You represent and warrant that:
- You own or control all rights in and to the User Contributions
- Your User Contributions do not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person
- Your User Contributions are not false, inaccurate, or misleading
- Your User Contributions do not contain defamatory, obscene, or otherwise objectionable material
Third-Party Links and Content
The Website may contain links to third-party websites or services that are not owned or controlled by GiftMahya. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. The inclusion of any link does not imply endorsement by GiftMahya of the linked site or any association with its operators.
Disclaimer of Warranties
You understand and agree that your use of the Website is at your sole risk. The Website is provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied. Neither GiftMahya nor any person associated with GiftMahya makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website.
Without limiting the foregoing, neither GiftMahya nor anyone associated with GiftMahya represents or warrants that:
- The Website or its content will be accurate, reliable, error-free, or uninterrupted
- Defects will be corrected
- The Website or the server that makes it available are free of viruses or other harmful components
- The Website will meet your requirements or expectations
GiftMahya hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will GiftMahya, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.
Indemnification
You agree to defend, indemnify, and hold harmless GiftMahya, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
Informational Content Only
The content provided on our Website is for general informational and educational purposes only. It is not intended to constitute professional, financial, legal, or any other type of advice. You should not rely solely on the information provided on our Website when making decisions related to gift cards or any financial matters.
While we strive to provide accurate and up-to-date information, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the information, products, services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is strictly at your own risk.
Gift card policies, regulations, and best practices can change over time. Information on our Website may become outdated, and we are under no obligation to update it. For specific situations or concerns, we recommend consulting with appropriate professionals or contacting retailers directly.
No Professional Relationship
Your use of our Website and any communications with us do not create any professional relationship between you and GiftMahya. We are not your financial advisor, legal counsel, or professional consultant in any capacity. Any information we provide is general in nature and should not be considered personalized advice for your specific situation.
Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or related to these Terms or their subject matter shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of or related to these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At our sole discretion, we may require you to submit any disputes arising from these Terms or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.
Waiver and Severability
No waiver by GiftMahya of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of GiftMahya to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement
These Terms, our Privacy Policy, and our Disclaimer constitute the sole and entire agreement between you and GiftMahya regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Termination
We may terminate or suspend your access to our Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Website will immediately cease.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Changes to the Website
We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.
Contact Information
If you have any questions about these Terms, please contact us:
GiftMahya
1101 Twin C Ln
Newark, DE 19713
United States
Email: [email protected]
Phone: (302) 892-9355
Business License: DE-2024-GC-8877
Acknowledgment
By using the Website, you acknowledge that you have read these Terms and Conditions and agree to be bound by them.