Terms and Conditions for Buyers
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1. Introduction
1.1 These Terms and Conditions ("Terms") govern the use of the https://www.giftsunbound.com/ operated by Giftsunbound (OPC) Pvt. Ltd. ("Company", "We", "Our", "Us"). The Platform allows users ("Buyers", "You", "Your") to purchase unused e-vouchers ("Vouchers") listed by registered sellers.
1.2 By accessing and using the Platform, you ("Buyer") agree to comply with these Terms. If you do not agree with any part of these Terms, you are prohibited from using the Platform to purchase Vouchers.
1.3 These Terms form a legally binding contract between you and the Company. The Platform is subject to the applicable laws of India, including the Information Technology Act, 2000, Consumer Protection Act, 2019, and other applicable statutes.
2. Eligibility
2.1 Age Requirement
You must be at least 18 years of age or have the legal capacity to enter into binding contracts under Indian law to purchase Vouchers from the Platform.
2.2 Account Registration
To purchase Vouchers, you must create an account on the Platform. You must provide accurate, complete, and up-to-date information during registration. Any false or misleading information may lead to account suspension or termination.
2.3 Authorized Use
You agree to use the Platform only for lawful purposes and in compliance with these Terms and applicable laws.
3. Buying Process
3.1 Voucher Listings
Vouchers listed by sellers on the Platform are available for purchase, subject to the terms provided by the seller. You are responsible for verifying the details of the Voucher before purchasing.
3.2 Voucher Description
The details of each Voucher, such as its value, expiration date, redemption terms, and any restrictions, are provided by the seller. The Company does not guarantee the accuracy of the information provided by the seller but will make reasonable efforts to ensure its correctness.
3.3 Price and Payment
You agree to pay the listed price of the Voucher, including any taxes, transaction fees, and applicable charges as specified during the checkout process. The price may include GST (Goods and Services Tax) or other charges as applicable under Indian tax law.
3.4 Transaction Completion
Once you complete the payment for the Voucher, the transaction will be processed, and the Voucher will be made available for you to redeem. The Company may provide digital confirmation of the purchase.
3.5 Transaction Fees
The Platform may charge transaction fees for each purchase made by you. These fees will be disclosed at the time of the purchase and are subject to change at the Company’s discretion.
4. Payment Methods
4.1 Accepted Payment Methods
The Platform accepts various payment methods, including debit/credit cards, net banking, UPI, and other payment gateways as specified by the Company. You agree to provide accurate payment details and authorize the Platform to process the payment.
4.2 Security of Payment
The Company uses secure payment systems in compliance with industry standards to protect your payment information. However, you are responsible for ensuring the security of your payment details.
4.3 Payment Confirmation
After successful payment, you will receive a confirmation of your purchase. If there is any issue with processing the payment, you will be notified immediately, and you will not be charged.
5. Refunds, Cancellations, and Disputes
5.1 Refund Policy
Once a Voucher is purchased, it is generally non-refundable unless:
- The Voucher is invalid, expired, or not as described by the seller.
- The Voucher cannot be redeemed due to technical issues or other reasons.
If the Voucher is deemed invalid or not as described, you must contact the Company within 7 days of purchase to initiate a refund request. Refunds will be processed according to the Company’s refund policy.
5.2 Cancellations
Once a transaction is completed, it cannot be cancelled unless the Voucher is found to be invalid or fraudulent. In such cases, the Company will initiate a refund as per the applicable policy.
5.3 Dispute Resolution
In case of disputes regarding the Voucher (e.g., invalidity or issues with redemption), the Buyer must contact the Company within a reasonable time. The Company will facilitate a resolution, but the ultimate responsibility for resolving any dispute lies between the Buyer and the Seller.
5.4 Consumer Protection
As a Buyer, you are protected under the Consumer Protection Act, 2019. If any product (Voucher) does not meet the promised standards or is defective, you have the right to seek a refund, replacement, or compensation.
6. Responsibilities of Buyers
6.1 Accurate Information
You agree to provide accurate, complete, and up-to-date information when purchasing a Voucher, including your name, address, contact details, and payment information.
6.2 Use of Vouchers
You are responsible for ensuring that the Voucher purchased is redeemed within its validity period. The Company does not guarantee the redemption of the Voucher, and it is your responsibility to verify the terms and conditions of the Voucher before use.
6.3 Unauthorized Use
You agree not to misuse the Vouchers purchased, including reselling, distributing, or using them in an unauthorized manner. Misuse of Vouchers could lead to cancellation of the transaction and legal consequences.
7. Privacy and Data Protection
7.1 Collection of Personal Data
By using the Platform, you consent to the collection and use of your personal data in accordance with the Company’s Privacy Policy. The Company collects data necessary for processing purchases and facilitating communication with you.
7.2 Confidentiality
You agree to keep your account details confidential and secure. You must immediately notify the Company if you suspect any unauthorized access or use of your account.
8. Limitation of Liability
Limitation of Liability
8.1 Liability
The Company will not be held liable for any indirect, incidental, special, or consequential damages arising from the use or inability to use the Platform, the purchase of Vouchers, or any issues related to the redemption of Vouchers.
8.2 Platform Downtime
The Company is not liable for any temporary service interruptions or downtime that may affect your ability to purchase Vouchers or access your purchased Vouchers.
9. Governing Law and Jurisdiction
9.1 Governing Law
These Terms are governed by and construed in accordance with the laws of India. Any disputes arising under or related to these Terms will be subject to Indian law.
9.2 Jurisdiction
Any disputes, claims, or legal proceedings related to these Terms shall be subject to the exclusive jurisdiction of the courts located in [Your Location], India.
10. Amendments to These Terms
Amendments to These Terms
10.1 Modification of Terms
The Company reserves the right to modify or amend these Terms at any time. Any changes will be updated on the Platform, and you will be notified of such changes. Your continued use of the Platform after changes are made constitutes your acceptance of the revised Terms.
11. Contact Information
If you have any questions, concerns, or require assistance with a purchase, please contact us at:
- Email: support@giftsunbound.com
- Address: OFF No.15, 1st floor, G.No 1204 to 1208, BA HUB-Ve Haveli, Wagholi (CT), Pune-412207
Important Notes for Buyers:
- Consumer Rights: As per the Consumer Protection Act, 2019, if the Vouchers you purchase do not conform to the description or are defective, you are entitled to a refund, replacement, or compensation.
- GST and Taxes: Ensure you are aware of any Goods and Services Tax (GST) that may apply to the purchase of Vouchers.
- Data Security: Make sure you use strong, secure passwords for your account to avoid unauthorized access and protect your personal information.
Terms and Conditions for Sellers
1. Introduction
1.1 These Terms and Conditions ("Terms") govern the use of the Platform operated by GIFTSUNBOUND PVT LTD which allows users to sell unused e-vouchers ("Vouchers") to buyers.
1.2 By accessing and using the Platform to list and sell Vouchers, you ("Seller", "You", "Your") agree to comply with these Terms, as well as all applicable laws and regulations of India, including the Information Technology Act, 2000, Consumer Protection Act, 2019, and any other legal requirements.
1.3 These Terms form a legally binding agreement between you and the Company. If you do not agree with any part of these Terms, you are prohibited from using the Platform to sell Vouchers.
2. Eligibility to Sell
2.1 Age Requirement
You must be at least 18 years of age or have the legal capacity to enter into binding contracts under Indian law to sell Vouchers on the Platform.
2.2 Account Registration
To sell Vouchers, you must create a Seller account on the Platform. You are required to provide accurate, complete, and up-to-date information during registration. Any false information may lead to the suspension or termination of your account.
2.3 Authorized Seller
You represent and warrant that you are the rightful owner of the Vouchers listed for sale and that you have the legal authority to sell the Vouchers. You must only list Vouchers that you are legally permitted to sell.
3. Selling Process
3.1 Listing Vouchers
To list a Voucher for sale, you must accurately provide the Voucher details, including its value, redemption terms, expiration date, and any other relevant information. The listed Voucher must be unused and valid at the time of listing.
3.2 Prohibited Vouchers
You must not list Vouchers that are:
- Stolen or fraudulently obtained.
- Involved in any illegal activity.
- In violation of any applicable laws or third-party terms and conditions.
- Expired or invalid at the time of listing.
3.3 Price and Transaction Fees
You are free to set the sale price of your Vouchers. However, the Company may charge a transaction fee for each successful sale. Such fees will be disclosed prior to the finalization of the sale and may change at the Company's discretion.
3.4 Voucher Availability
By listing a Voucher, you confirm that the Voucher is available for sale and will be delivered to the Buyer upon purchase. If the Voucher becomes unavailable for any reason before the sale, you must remove the listing or notify the Buyer immediately.
3.5 Compliance with Law
You agree to comply with all applicable laws, including the Consumer Protection Act, 2019, The Information Technology Act, 2000, and other relevant Indian regulations while selling Vouchers. You will not engage in any activity that may lead to a violation of any law.
4. Seller's Obligations and Responsibilities
4.1 Accurate Information
You agree to provide accurate and truthful information regarding the Voucher listed for sale, including its value, redemption terms, and expiration date. Misleading or incorrect information may result in penalties, suspension, or termination of your account.
4.2 Ownership and Authenticity of Vouchers
You confirm that you own the Voucher or have the legal right to sell it, and that it is free of any encumbrances, disputes, or legal restrictions.
4.3 No Unauthorized Resale
You must not sell Vouchers that you do not have legal rights to resell. You are prohibited from selling counterfeit, unauthorized, or duplicate Vouchers.
4.4 Fulfilment of Sale
You are responsible for ensuring that the Voucher is valid, functional, and delivered to the Buyer in a timely manner once the sale is confirmed. Failure to fulfill a sale could lead to the cancellation of the transaction and account suspension.
4.5 Prohibited Conduct
You agree not to engage in any prohibited conduct, including but not limited to:
- Fraudulent or deceptive activity related to the sale of Vouchers.
- Attempting to bypass or interfere with the Platform's transaction process.
- Offering or selling Vouchers that violate intellectual property rights or third-party terms.
5. Transaction Terms
5.1 Payment Processing
Once a transaction is successfully completed, you will receive payment for the sale of the Voucher, less any applicable fees, through the payment method specified on the Platform.
5.2 Refunds and Cancellations
Refunds or cancellations will only be allowed under the following circumstances:
- The Voucher is invalid, fraudulent, or misrepresented by the Seller.
- The Buyer successfully disputes the transaction and the Company deems the dispute valid.
In the event of a valid refund or cancellation, the Seller agrees to cooperate with the Company to resolve the issue and may be required to refund the Buyer.
5.3 Dispute Resolution
In case of a dispute between you and the Buyer (e.g., a Buyer claims the Voucher is invalid), the Company will facilitate resolution but will not be liable for the outcome. If necessary, the matter may be resolved through legal channels, with jurisdiction in the courts of [Your Location], India.
6. Indemnification
6.1 Indemnity by Seller
You agree to indemnify and hold harmless the Company, its directors, employees, and affiliates from any losses, liabilities, damages, claims, or expenses (including legal fees) arising out of:
- Any violation of these Terms.
- The sale of fraudulent, unauthorized, or invalid Vouchers.
- Any dispute with a Buyer or third party.
- Any breach of applicable laws or regulations.
7. Account Suspension or Termination
7.1 Suspension/Termination of Account
The Company reserves the right to suspend or terminate your account at any time without prior notice if:
- You violate these Terms.
- You engage in fraudulent activity.
- You fail to comply with Indian laws or regulations.
- You misrepresent the Vouchers listed on the Platform.
Upon termination, you must immediately cease all activities on the Platform and forfeit any pending payments or transactions.
8. Privacy and Data Protection
8.1 Collection of Personal Data
By using the Platform, you consent to the collection and use of your personal data in accordance with the Company’s Privacy Policy.
8.2 Confidentiality
You agree to maintain the confidentiality of any Buyer or Company-related information you receive in the course of using the Platform. You must not disclose or misuse this information.
9. Limitation of Liability
9.1 Liability
The Company will not be liable for any indirect, incidental, special, or consequential damages arising out of the use or inability to use the Platform, including the sale of Vouchers.
9.2 Platform Downtime
The Company is not liable for any temporary unavailability or interruptions in service, including system failures or server outages, that may prevent you from listing or selling Vouchers.
10. Amendments to These Terms
10.1 Modification of Terms
The Company reserves the right to amend or modify these Terms at any time. You will be notified of such changes through the Platform. Continued use of the Platform after any changes indicates your acceptance of the modified Terms.
11. Governing Law and Jurisdiction
11.1 Governing Law
These Terms are governed by the laws of India, including the Consumer Protection Act, 2019, The Information Technology Act, 2000, and other applicable laws.
11.2 Dispute Resolution
Any disputes arising under these Terms shall be subject to the jurisdiction of the courts located in [Your Location], India.
12. Contact Information
For any queries or concerns, you can contact us at:
- Email: support@giftsunbound.com
- Address: OFF No.15, 1st floor, G.No 1204 to 1208, BA HUB-Ve Haveli, Wagholi (CT), Pune-412207