Terms of Use

Purpose

This page (together with the documents referred to on it) sets out the terms and conditions ("Terms and Conditions") on which you may make use of the Website (as defined below), whether as a guest or a registered user. This Website is owned and operated by Virob Ecommerce India Pvt. Ltd. ("PayGyft" ,"Company", "us", "we" or "our").

Please read the following terms and conditions very carefully as your use of services and products on our website www.paygyft.com ("our Website") is subject to your acceptance of and compliance with the following terms and conditions.

By visiting our Website you agree that you have read acknowledged and confirmed the terms and conditions and agree at all times to be bound by them. Your use of any part of the Website constitutes your acceptance of these Terms and Conditions which takes effect on the date on which you first use the Website. If you do not agree with these Terms and Conditions, you should cease using the Website immediately.

The term "PayGyft" is used through this entire "Terms of Use" document to refer to the Website, which owns and operates the Website, its officers, directors, employees, affiliates, group companies, subsidiaries, agents, representatives and subcontractors.

We reserve the right to amend these Terms and Conditions at any time without notice to you by posting changes online. You are responsible to regularly review information posted in the Website to obtain timely notice of such changes. If you do not wish to be bound by these amended Terms and Conditions, you have the right to delete all of your accounts on our Website and/or to remove our mobile applications. However, your continue use of our Website after changes are posted will be deemed to constitute acceptance of the amended Terms and Conditions.

Definitions

The following terms shall have the following respective meanings:

  • "Merchant" means a third party who shall supply or provide the goods and/or services for which a Voucher can be redeemed or offering cashback.
  • "Purchase" means the purchase of a Voucher through the Website.
  • "Sign Up" means creating an account on the Website/Mobile App.
  • "Service" or "Services" means all and any of the services provided by the Company via the Website/Mobile App, including but not limited to the information services, content and transaction capabilities on the Website and the availability to make a Purchase.
  • "Website" refers to paygyft.com and its related landing pages or microsites and their mobile app / mobile web equivalents.

Use of the Website

  • Applicability of the Terms and Conditions: Your usage of the Website, any of the Services, any Purchase made and/or any other transactions that may be performed or conducted through the Website are each subject to these Terms and Conditions.
  • Scope: The availability of the Website, Services and/or any Purchase are strictly for your noncommercial, personal use only. Commercial use for any business purposes or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance.. For the avoidance of doubt, scraping of the Website (and hacking of the Website) is not allowed.
  • Eligibility: To use the Website, the Services and/or to make any Purchase, you must be eighteen (18) years of age or over.
  • Place: The Website and/or the availability of the Services and/or any Purchase are directed solely to those who access the Website from the cities that are listed on the Website. We make no representation that the Services are available or otherwise suitable for use by persons outside the listed cities. If you choose to access the Website (including the use of the Services and/or to make a Purchase) from locations outside of the listed cities, you hereby agree that you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
  • Equipment: Your agreement to use the Services, the Website and/or the making of any Purchase does not include the provision of a computer or any other necessary equipment by us to you in achieving any of the said purposes. To use the Website, the Services and/or to make a Purchase, you will require internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur in connection with the same.
  • Prohibitions and Prevention of usage: You shall not misuse the Website. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other materials on the Website which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene, corrupt data, cause annoyance other users, infringe upon the rights of any other person’s proprietary rights or send any unsolicited advertising or promotional material. We reserve the right, at our own discretion, to prevent you from using the Website, the Services (or any part of them) and/or from making any Purchase.

INTRODUCTION

PayGyft is a eCommerce Marketplace App that lists deals from other shopping websites on the internet and affiliated merchant outlets. It is a user driven online shopping community that is created to provide a platform for users to collaborate, and share information ideas, views and experiences in order to make the best shopping experience. We make available products and services of different brands, merchants and dealers on a single platform to augment convenience of our users. Nothing contained herein shall be deemed to construe as shopping advice or inducement to shop a particular brand or use a particular shopping platform. Your purchase or order booking is at your sole discretion and decision shall be subject to terms and conditions of such brands, merchants and dealers.

PayGyft would not be responsible, in any manner whatsoever, for any products /services ordered from our affiliated or non affiliated merchants. We suggest that you exercise utmost care and caution and carefully read the fine print associated with each such offer. All deals, coupons and promotions on our Website are subject to change without notice. PayGyft does not guarantee or endorse the accuracy of links, coupon codes, or any deals on this Website or any products and services or their usability, merchantability and suitability for your need and requirements. You agree to comply with all the rules and regulations that are applicable to your use of the Website, including, without limitation, those governing the transmission or use of any data, information or software.

SERVICES OFFERED

PayGyft provides a collection of online resources, including communication forums, shopping services, search functionality and a business directory ("the Service"). The Services provided by PayGyft shall be subject to the Terms of Use which may be updated by PayGyft from time to time. Please re-visit the link "Terms of Use" on our Website to stay abreast of any changes that we may introduce. You must be at least 18 years of age to use the Services offered by us. If you are below 18 years of age, you are strictly prohibited from registering on our Website or doing any act which leads us to believe that you are 18 years of age or above. If you are the parent or guardian of a child under 18 years of age you, provide your consent to your child’s registration with our Website and you agree to be bound by the terms and conditions of this "Terms of Use" in respect of their use of our Website. By using the Services in any manner, you are agreeing to comply with the Terms of Use contained herein.

Certain sections or pages of this Website may contain separate terms and conditions, which are in addition to these Terms of Use. We recommend that you read those additional terms and conditions carefully. By accessing such sections or pages, you agree to be bound by those additional terms and conditions. In the event of a conflict, those additional terms and conditions will govern your use of those specific sections or pages.

The information and materials on our Website may contain typographical errors or inaccuracies. PayGyft reserves the right, in its sole discretion, without any obligation and without any notice requirement and for any reason, to change, improve or correct the information and materials on this Website and to suspend and/or deny access to this Website or portions thereof for scheduled or unscheduled maintenance, upgrades, improvements, corrections or otherwise.

User obligations

  • Merchant terms: You hereby acknowledge that the Merchants will have their own applicable terms and conditions in relation to the CashBack offer or Redemption of CashBack, in which you agree to and shall abide by those terms and conditions.
  • Accurate information: You warrant and undertake that all information provided for Register and/or in relation to the creation of your account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your account.
  • Contents on the Website and Services: It is your responsibility to ensure that any products, services or information available through the Website or the Service meet your specific requirements.
  • Restrictions: Without limitation, you undertake not to use or permit anyone else to use the Services and/or Website:
  • To send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
    • To send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
    • To send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
    • To cause annoyance, inconvenience or needless anxiety;
    • To intercept or attempt to intercept any communications transmitted by way of a telecommunications system;For any fraudulent purpose;
    • In any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.

Forbidden uses: The following use of the Services, the Website and/or the Voucher are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:

Resale of any Voucher;

  • Furnishing false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
  • Attempting to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorised to access, or probing the security of other networks (such as running a port scan);
  • Accessing the Services and/or Website in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;
  • Executing any form of network monitoring which will intercept data not intended for you;
  • Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;
  • Creating or forwarding "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings;
  • Sending malicious email, including flooding a user or site with very large or numerous emails;
  • Entering into fraudulent interactions or transactions with us or a Merchant (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
  • Using the Services or Website (or any relevant functionality of either of them) in breach of this Terms and Conditions;
  • Unauthorised use, or forging, of mail header information;
  • Engage in any unlawful activity in connection with the use of the Website and/or the Services or any Voucher; or
  • Engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Website and Service.

ACCESS TO PAYGYFT

Access to PayGyft through your computer/laptop as well as PayGyft applications and the software designed to support your tablet or other similar devices has been provided to give you ready and convenient access to PayGyft products and services by way of updates, notifications, news, etc. and to keep you abreast of the latest deals, discounts, discussions and trends, as it may not be possible for you to have continued access to PayGyft through your computer device. All rights, privileges, property and Intellectual Property contained in the software designed for such downloadable applications shall at all times remain the sole and exclusive property of PayGyft. You will not be authorized to copy, reproduce or license the rights contained therein or create similar software by unauthorized use of the source code/object code contained in the software or run a similar program to support other applications on your/third party’s mobile/cell phone/tablet or other communication device.

For your information we may mention that in order to enhance the overall experience of our customers, PayGyft has developed a mobile application for android and IOS users. The mobile application is a completely free application and user driven online shopping community for the common man. The Application is created to provide a platform for users to collaborate, make friends and share information in order to make the best shopping decisions. The terms of use of this website would also be applicable to the users of the mobile application.

The login procedure for access to PayGyft on PayGyft app is a standard one. You will be required to download the application and enter your PayGyft login details (Login id and password) to begin with. On entering your login details, your PayGyft account will be available for access in the same manner as accessed by you on your computer/laptop/tablet or any other similar device. We advise you to logout from your PayGyft app after using it to avoid unauthorised usage of your account or misuse of your login details or misuse of any other information or content associated with PayGyft. In event of loss or theft of your mobile phone, your PayGyft account may be accessed by unauthorised person which may lead to loss of confidential data contained in your PayGyft account or illegal operation of your PayGyft account. PayGyft shall not be responsible for any loss, claim, damage or liability arising out of unauthorised access gained by any person or loss of your mobile phone or unauthorised access gained by such person. PayGyft shall not be responsible or liable in any way for any dispute arising in this regard and any dispute may be defended by PayGyft entirely at the User’s risk as to cost and consequences. Also, the User will indemnify PayGyft for any loss, harm, damage or liability arising out of unauthorised usage of PayGyft app.In this regard, we request you to be cautious of bogus or fake mobile applications urging free or pre-paid download in the name of PayGyft or name similar to PayGyft.

PayGyft in this regard disclaims any liability, damage, loss or harm which you may suffer, directly or indirectly, by virtue of:

Harm caused to your mobile or other communication device by download of any contaminated/destructive viral elements or any content accompanied by such download; or Purchase of products/services from the mobile application downloaded;

Claims made on PayGyft for refund of charges paid in relation to such paid mobile applications.

SYSTEM ERRORS

As a result of high internet traffic, transmission problems, system capacity limitations, and other problems, you may, at times, experience difficulty accessing the PayGyft Website or communicating with PayGyft through the internet or other electronic or wireless device. Any computer system or other electronic/mobile device used to access the PayGyft Website can experience unanticipated outages or slowdowns, or have capacity limitations. Your uninterrupted and satisfactory use of our Website shall to a great extent depend on your internet service provider, uninterrupted internet connection on the computer /Laptop or data network/ Wi-Fi Connection on your mobile/cellphone/tablet. PayGyft does not guarantee continuous, uninterrupted or secure access to its Website or Mobile App.

PayGyft does not guarantee that any content deals, postings, messages, text, files, photos, videos, comments, images, or any such material ("Content") posted on our Website will be free from viruses that may have contaminating or destructive elements. Any Content may be downloaded/ used by you solely at your own risk and discretion. PayGyft shall not be liable for any harm whatsoever, caused to your computer system or loss of any data resulting from the download of such data/content. It shall be your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) on your computer, laptop, mobile, tablet or any other device connecting you to our Website to satisfy your requirements as to the safety and reliability of the Content.

As you are aware that PayGyft does not directly source or sell the products and services offered on the Website, the modus operandi for purchasing a particular deal, voucher or merchandise would be that PayGyft will direct you to the web domain of that particular brand/merchant chosen by you and you will be required to follow the instructions for making the payment on such webpage through your credit/debit/master card. Your purchase activity may at times be interrupted due to faulty internet connection, or other electronic or wireless device, slowdowns or capacity limitations in the electronic/mobile device, or the web domain of the website to which you are redirected to enable the payment gateway. It is expressly clarified that PayGyft is not and shall not be responsible for any loss, damage or liability incurred by you including but not limited to incorrect or higher amount charged to your account/debited, password invalidated, non-acceptance of card, amount charged or debited more than once, etc. Your payment concerning merchandise purchased shall at all times be governed by the terms and conditions of the brand/merchant from whom such purchase is made and we encourage you to refer to, read and fully understand the same before making a purchase.

Additionally, security of your credit/debit card, net banking password or other unique payment password, bank account number, or other bank account details("Bank account details") vis-a-viz. your purchase order shall also be governed by the terms and conditions of the brand/merchant from whom you purchase a particular product or service. PayGyft shall not be liable for (i) any harm whatsoever that may be caused to your computer system due to faulty internet connection or any reason whatsoever that refrains you from successfully rendering the payment (ii) loss or misuse of the Bank account details shared by you on such website due to any reason whatsoever (iii) incorrect amount charged to your account or (iv) failure by the respective brand/merchant to refund any extra amount charged to your account. It shall be your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) on your computer, laptop, mobile, tablet or any other device connecting you to our Website to satisfy your requirements as to the safety of your Bank account details. We suggest that you exercise care and caution before sharing your Bank Account details on any web domain.

USER WARRANTY AND REPRESENTATION

PayGyft is a user driven Website which offers its users with a platform to use, benefit and share its shopping experience by participating in activities, discussions and sharing the best deals & shopping experiences with its fellow users, thereby augmenting and enriching the overall shopping experience.

By using this Website, you understand and accept that all the Content and the authenticity of such Content posted on our Website by its users or transmitted through, or linked with the Service, is the sole responsibility of the person /user from whom such Content has originated. Similarly, you would be solely responsible for all the Content that you may post. PayGyft cannot control and would not be responsible for any Content posted on the Website by its users and visitors. You hereby undertake and agree that you shall adhere to your ethical responsibility of not posting any offensive, indecent, inaccurate, bogus, misleading or otherwise objectionable Content. The users further warrant that to the best of their knowledge, no action, suit, proceeding, claim or investigation has been instituted, initiated or threatened to be instituted or initiated against any Content posted thereby.

PayGyft hereby disclaims any loss, claim, damage or liability(ies) of any kind incurred by you as a result of use of the Content posted, emailed or otherwise made available via the Service. PayGyft does not prescreen or approve any Content posted in its discussion forums but reserves the right to delete or move any Content violating the Terms of Use or for any other reason deemed appropriate by us. You agree and confirm your awareness that we shall not be responsible for any loss, claim, damages or liability incurred by you which may arise by using such Content

LINKS TO THIRD PARTY CONTENT

The PayGyft Website and Content available through the Services may contain features and functionalities that may link you or provide you access to third party content and web domains, which is completely independent of PayGyft, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

We have included links to these websites to provide you with access to information and services that you may find useful or interesting. We have not, reviewed, evaluated or approved these sites and we are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. Use of this website is purely your discretion and decision and nothing contained on the Website or herein shall be deemed to construe as shopping advice or inducement to shop a particular brand or use a particular shopping platform. The inclusion of any linked site does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by PayGyft of any information contained in such websites and the content therein is merely an offer and not a recommendation to buy or sell any products or services.

Your interactions with organizations and/or individuals found on or through the Services, including the payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. We suggest you to exercise care and caution before using any content of such websites or before posting your personal or other information on such websites. For the said purpose you may read the ‘privacy policy’ section and ‘terms of use’ section of such websites for details concerning such websites.

PayGyft shall not be responsible or liable for any loss, claim, damage or liability of any nature incurred by you as result of your dealings with third party web domains and/or using any payment gateways associated with them. PayGyft shall not be a party to any dispute which may arise between participants on this site, or between users and any third party. In the event of such a dispute arising, you hereby release PayGyft, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any manner related to such disputes and/or our Services.

You hereby indemnify and keep indemnified, saved, defended and harmless on full indemnity basis PayGyft and all persons claiming under PayGyft ("Indemnified Persons"), from and against all losses and/or damages arising as a result of any notices, proceedings, litigations, claims, penalties, demands causes of action, judgments, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may allegedly arise out of, in whole or in part from:

Use of such websites;

  • Misuse of any data or personal information fed by you or any content posted on such website by any person;
  • Loss/Damage caused to you as a result of faulty/defective product delivered to you or change in specification of the product delivered;
  • Bogus or unauthentic deal chosen by you or withdrawn by the Merchant/Brand after opting for such deal;
  • Infringement by you of intellectual property rights of such third party web domains;
  • Loss/Damage caused to you as a result of misrepresentations made by a particular brand or merchant;
  • Claims against you alleging misuse or unauthorised usage of information/data available on third party Brands/Merchants linked to our website;
  • Disputes arising between (a) Participant''s on this website or App and/or (b) Users of our website/app and any third party;
  • Decision with respect to such dispute made by any authorities.

THIRD PARTY DEALINGS

Deals offered or proposed to be offered to you on our Website may be posted by our users. Your continued usage of our product/service shall be deemed to be an acknowledgement of our offer made to you in this regard. Any loss, harm or damage caused or any expenditure caused or incurred in this regard shall not be attributable to PayGyft.

You may conduct whatever investigation you deem necessary and/or appropriate before proceeding with any online or offline transaction with any of these third parties.

Please note that PayGyft only provides the links to products on third party websites/apps; therefore it cannot and would not be held responsible if the product chosen by you is out of stock on the third party site.

CONTENT AND ITS INTENDED USE

We may change the format and content of the PayGyft Website from time to time. You agree that your use of the PayGyft Website and its products and services is on an "as is" and "as available" basis and at your sole discretion and risk.

We do not accept any liability for any loss or claims arising from:

  • Any purchase made: or Any loss, damage or harm caused due to action taken upon any advice provided/posted on the website. PRIVACY POLICY
  • Your personal information such as name, contact number, postal address and other details may be provided by you to PayGyft during the course of your dealings with PayGyft. Protecting such information, your registration data and certain other information about you shall be subject to our Privacy Policy. For more information, please read and understand our Privacy Policy carefully.

ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing your registration process on our Website. You would be responsible for maintaining the confidentiality of the password assigned to you and your account details and for all activities that are undertaken through your account. You agree to (a) immediately notify PayGyft of any unauthorized use of your password or account or any other breach of security, and (b) logout from your account at the end of each session.

PayGyft shall not be liable for any loss or damage arising from your failure to maintain your account and/or password.

You shall not have more than one active Account on our Website. Additionally, you are prohibited from selling, trading, or transferring your Account to another party or otherwise dealing in your account in an inappropriate, indecent or illegal manner.

Sign Up for the account

  • Why to sign up: Services and related features that may be made available on the Website may require registration or subscription, such as in order to make a Purchase.
  • Passwords: You must keep the password confidential and immediately notify us if any authorised third party becomes aware of that password or if there is any unauthorised use of your email address or your account or any breach of security known to you. You agree that any person to whom your username or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) your account. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
  • Valid email addresses: Your account must be registered with a valid personal email address that you access regularly, so that, among other things, administration emails can be sent to you. Any accounts which have been registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require you to validate your account if we believe you have been using an invalid email address.
  • Closing accounts: Subject to any other provisions hereinafter contained, we reserve the right to close your account if you are seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts.
  • Multiple logins: If you use multiple logins or accounts for the purpose of disrupting a community or annoying other users, we reserve the right to take any action which we deem fit against your account, your use of the Website and/or any of the Services.

Advertisements

  • We may place advertisements in different locations on the Website and at different points during your use of the Website and/or Services. These locations and points may change from time to time - but we will always clearly mark which goods and services are advertisements (i.e. from persons other than us), so that it is clear to you which goods and services are provided on an objective basis and which are not (i.e. the advertisements).
  • You are free to select or click on advertised goods and services or not as you see fit.
  • Any advertisements may be delivered on our behalf by a third party advertising company.
  • No personal data (for example your name, address, email address or telephone number) will be used during the course of serving our advertising, but, on our behalf, our third-party advertiser or affiliate may place or recognise a unique "cookie" on your browser (see our Privacy Policy here about this). This cookie will not collect personal data about you nor is it linked to any personal data about you. If you would like more information about this practice and to know your choices about not having this information used by any company, see our Privacy Policy here about this which you can click on for more information.

Links to and from other websites

  • Where the Website contains links to third party sites and to resources provided by third parties ("Third Party Sites"), those Third Party Sites are merely linked to provide information only and are solely for your convenience. We have no control over and we assume no responsibility for the content of Other Sites (including, without limitation, relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the Third Party Sites linked to the website, you hereby agree to do so entirely at your own risk.
  • This Website may make available access to Microsites and if it does, it may do so within or otherwise through external hyperlinks.

USER CONDUCT

  • You hereby agree to not post, email, or otherwise make available Content:
  • That is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
  • That harasses, degrades, intimidates or is hateful towards an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  • That impersonates any person or entity, including, but not limited to, a PayGyft employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (This provision does not apply to content that constitutes lawful non-deceptive parody of public figures);
  • That includes personal or identifying information about another person without that person''s explicit consent;
  • That is false, deceptive, misleading, deceitful, mis-informative.
  • That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • That constitutes or contains "Affiliate Marketing," "Link Referral Code," "Junk Mail," "Spam," "Chain Letters," "Pyramid Schemes," Or Unsolicited Commercial Advertisement;
  • That advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable Law in your residing country or any of its constituent states;
  • That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • That disrupts the normal flow of dialogue with an excessive amount of content (flooding attack) to the service, or that otherwise negatively affects other users ability to use the service; or
  • That employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the service.

In addition, you also agree not to:

  • Make unsolicited contact with anyone for any commercial purpose;
  • "Stalk" or otherwise harass anyone;
  • Collect personal data about other users for commercial or unlawful purposes;
  • Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the service, unless expressly permitted by PayGyft;
  • Post non-local or otherwise irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;Post the same item or service in more than one forum;
  • Attempt to gain unauthorized access to PayGyft's Computer Systems, Servers or engage in any activity that disrupts, diminishes the quality of, or interferes with the performance of, or impairs the functionality of, the service or the website; (or) Use any form of automated device or computer program that enables the submission of postings on PayGyft without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, The use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
  • Use any form of automated device or computer program ("Voting Tool") that enables the use of PayGyft "Topic Voting System" without each vote being manually entered by the person;
  • Remove or change any content of the PayGyft domain or attempt to circumvent security or interfere with the proper working of the PayGyft Domain or any servers on which it is hosted;
  • Misuse passwords or misuse of other information or content on the PayGyft website;
  • Damage, disable, overburden, or impair the PayGyft website or service or interfere with any other party's use and enjoyment of any PayGyft website or service.
  • Gain unauthorized access to any PayGyft website or service, computer systems or networks connected to any PayGyft website or service, through hacking, password mining or any other means.
  • Create links to our website from any other website, without our prior written consent;
  • Frame or replicate the home page of PayGyft website containing such content that is unlawful, threatening, abusive, libelous, pornographic, obscene, vulgar, indecent, offensive or which infringes the intellectual property rights of PayGyft or rights of any third party;
  • Misuse, replicate or copy the source code and the object code contained in the computer program of the PayGyft website;
  • Otherwise do anything that it is not expressly permitted by the terms of this "Terms Of Use" Document.

INTELLECTUAL PROPERTY

You are not permitted to modify, copy, distribute, transmit, resell, redistribute, broadcast, display, perform, reproduce, publish, license, frame, transfer, or otherwise use in whole or in part any Content, software, or Intellectual Property contained in the products or services or contained on the PayGyft Website or obtained from social media sites including without limitation Facebook, Twitter, LinkedIn, YouTube, Google+, Pinterest, Tumblr, Wordpress, or use such information, Content, or Intellectual Property in a searchable, machine readable database, except without PayGyft''s prior written approval. If you download any information or software from our Website or social media sites including without limitation Facebook, Twitter, LinkedIn, YouTube, Google+, Pinterest, Tumblr, Wordpress, you agree that you will not remove or obscure any copyright or other notices or legends contained therein. Intellectual Property shall mean any and all intellectual property or proprietary rights of PayGyft including any and all rights over all its data, information, techniques, methodologies and materials, and shall include all rights as applicable relating to any copyright (including rights in audiovisual works), trademarks (including logos, slogans, domain names, trade names and service marks), patents (including patent applications and disclosures), designs, proprietary computer programs and software, source code, object code, rights of priority and trade secret rights, recognized in any country or jurisdiction in the world.

The trademarks, logos and service marks displayed on the Website ("Marks") are the property of PayGyft or respective third parties. You are not permitted to use the Marks without the prior consent of PayGyft or the third party that may own the Marks.

The brands/merchants whose products, services or deals are made available on our Website may be protected by intellectual property laws. Your attempt to modify, copy, distribute, transmit, resell, redistribute, broadcast, display, perform, reproduce, publish, license, frame, transfer, or otherwise use in whole or in part, any intellectual property contained in the products or services of such brands/merchants, may subject you to infringement consequences in accordance with the policies of such brands/merchants which may be enforced by them.

PayGyft is not bound by any agreement with any of the brands/merchants for ensuring security of their intellectual property appearing on our Website. You hereby agree and undertake to be solely responsible in this regard, in the event of claims or disputes which may arise by such brands/merchants alleging infringement of intellectual property by PayGyft. You hereby indemnify and keep indemnified, saved, defended and harmless PayGyft and all persons claiming under PayGyft (''Indemnified Persons''), from and against all losses and/or damages arising as a result of any notices, proceedings, litigations, claims, penalties, demands and costs that may be made and/or raised on the Indemnified Persons by any of the brands/merchants or any concerned authority (ies) and/or alleging infringement of their intellectual property contained in their brands/deals.

PRODUCT PRICING

Our Website offers services, products and deals at prices which are quoted by the respective brands/merchants/traders. PayGyft does not directly service products or sell the same on our Website. Thus discounts/sale/coupons may only apply to those brands/deals who offer their products/brands/deals on sale or discounted prices.

You are advised to undertake your own research as regards the best price for the products or deals available. Although PayGyft updates its Website or App on a regular basis, we may be unaware of a particular deal which may have been withdrawn by the merchant. It may happen that the same product, of a brand may be differently priced on our Website. It is hereby clarified that PayGyft has in place a robust mechanism to stay abreast of the latest deals, prices, discounts and trends. However, we shall not in any manner be liable for any claims, damages, losses or liabilities which may arise as a result of your purchasing a product for a higher price than that available elsewhere or booking a deal which may have been withdrawn by the merchant. Your payments and refund policies shall be subject to the terms and conditions of the website they are purchased from. You are advised to undertake reasonable efforts in acquainting yourself with such terms and conditions before purchasing any product deal.

USAGE OF DISCOUNT COUPONS/VOUCHERS

PayGyft offers discount coupons or CashBack of various brands and one-stop-shop websites which can be redeemed at the time of making a purchase on that particular website or an outlet. Such brands/one-stop-shops are authorised "Coupon Partners" of PayGyft.

Any brand/merchant on their respective website may falsely claim to be the Coupon Partner of PayGyft. Coupons bought from our website will not be redeemable on such bogus websites. You are requested to immediately write to us in the event to come across any such bogus website. Since some of the coupons are posted by its users, you are advised to undertake reasonable efforts to ascertain the authenticity of such coupons before using them. PayGyft disclaims any claim, loss, damage or liability which may arise or be caused by using such coupons.

SCAN & PAY TERMS AND CONDITIONS

Introduction

Scan & Pay is a payment service that allows users to conduct cashless transactions at partners’ outlets via the Website’s mobile application.

These Scan & Pay’s terms and conditions ("Payment Terms") must be read and understood before accessing and/or using the Website and its Service. The Payment Terms listed here govern the rights of both the user as well as the Company throughout the transaction process. It also represents a legally binding agreement between the Company (including all its subsidiaries, brands, related and/or associated companies/brands) and you as the user. From time to time, the Payment Terms may be revised. Notification of the update will be posted on all relevant Websites. Any usage of the Website and/or performance of any transactions after the said updates or revisions, will be deemed that you has read and agree with the updated Payment Terms.

If you are not in acceptance of the revised or amended Payment Terms, you shall immediately discontinue the usage of the Website and all other Services provided by the Company (including all its subsidiaries, brands, related and/or associated companies/brands).

Legal Relationship

Scan & Pay acts as a facilitator to assist users in making cashless payment at selected Merchants. An independent relationship is established between us and the user. All action which is performed through the Website is directed by the user and is in no way, controlled by the Company (including all its subsidiaries, brands, related and/or associated companies/brands). All of the customer’s funds will be held separately from Company funds at all times. All transactions or therefore, lack of transactions, will be decided by the user.

The Website and Service only function by hosting, maintaining and facilitating transactions between users and Merchants via the Internet.

We do not pose any authority and therefore will not be held responsible for any liability from using our service. We act as a facilitator and do not guarantee that users or Merchants which are being dealt with will complete the transaction.

Purchases and Payment

The Service allows transactions to be made according to the price listed on the Website or on the Merchant’s price list. When a transaction takes place, payment is processed whereby (a) credit card / debit card / online banking information is held and (b) price of the transaction is charged to the selected payment method immediately.

A current, valid and accepted payment method (as may be updated periodically, "Payment Method") must be provided to us for use of the Service.

Should payment method fail, we retain the right to request and/or seek payment from you through other avenues. Payment method may be edited by referring to the "Payment" page (mobile application). In the situation whereby payment is unsuccessful due to any reason (expiration, insufficient funds or otherwise), you are responsible to edit your payment method. Failure to do will result in allowing us the authority to continue billing the pre-selected payment method. All responsibility to resolve any/all disputed with your financial institution, credit/debit card issuer or provider of your selected Payment Method, are to be borne by you.

The Company (including all its subsidiaries, brands, related and/or associated companies/brands), in the event of any loss or damages, will not be held liable regardless of the circumstance whether it be contract, tort, negligence, strict liability or other basis arising from the use and/or the access of our Service and/or Website. This includes any third party link to or from the Company’s Website. The services listed and provided on the Website constitute a ‘willing seller and willing buyer’ basis. Thus, the Company is absolved of any form of liability which may occur as a result of any transaction. The exclusion clause is to be taken into full extent as permitted by law.

Taxes: Any/all purchases made through the Website will be inclusive of (if any) taxes which are constituted by the specific regional law. You will be in agreement to any form of prevailing tax, duties, fees, charges and/or cost, however denominated, which may be charged by extent of the regional law at any time.

Refunds: All transactions which are conducted are non-refundable in the case of partially used credits or unclaimed purchases. In cases whereby you have been wrongfully billed, a "case-to-case" basis approach will be taken in the presence of credible evidence of such. The Company holds full authority and discretion towards the outcome of such circumstances. All refunds will be processed in PayGyft Credits. Cash refund requests will be considered on a case-by-case basis and will be subjected to a surcharge of ten per centum (10%) on the transacted amount. The Company reserves the right to conduct thorough investigations over a period of time deemed that is deemed necessary by customer service agents of the Company.

Privacy

"Information" is defined as the information which is willingly shared with us throughout the registration, payment, store or any other feature of the service. We act as a mediator for the distribution of your information online. The user possesses full responsibility over the content of the information which is shared with the service.

The Company does not sell or rent personal information to third parties for marketing purposes without your consent. Personal information shared with us will only be used in accordance with the Privacy Policy unless governed by authority. Protection of your information is of the highest importance to us.

Termination

The Company (including all its subsidiaries, brands, related and/or associated companies/brands) reserves the right to terminate and/or suspend your account at any time for whatsoever reason, and is not obligated to disclose the reason behind the termination and/or suspension.

In the situation whereby the Payment Terms are violated by the user, the Company reserves the right for immediate termination and/or suspension of your account.

Holding of Funds

In order to ensure the authenticity and integrity of all transactions, the Company (including all its subsidiaries, brands, related and/or associated companies/brands) reserves the right to hold funds or proceeds from transactions under a "pending" state beyond the normal distribution period. This is done in order to avoid any risk which may be related to suspicious transactions.

Trademark and copyright

All trademarks, service marks, copyrights which are displayed throughout the Website are the sole and exclusive of the Company’s property.

Unless prior written consent or permission is granted by the Company, any/all of the trademarks, service marks, copyright and logos which are displayed throughout the Website and mobile application, no licence or right is granted to any party accessing the platform to use, download, reproduce, copy or modify such trademarks, services marks or logos. Similarly, unless the prior written consent from the Company or the relevant proprietor has been obtained, no such trademark, service mark or logo may be used as a link or to mark any link to the Website or any other site.

Indemnity

By using the Website and its Services, you hereby agree to indemnify and keep indemnified the Company and in addition, do not hold the Company responsible for any and all liabilities, financial losses, expenses which may incur from the misuse of the service, breach of terms and conditions or infringement of intellectual property made towards the company as a result of your use services provided.

DEFAMATION

PayGyft is a user driven online/outlet shopping platform. Users are encouraged to participate in discussions to share their views, ideas, updates, trends and shopping experiences and benefit from the variety of discounts, deals and coupons offered. Your usage of this Website shall be governed by the "Terms of Use" contained herein and policies/conditions (if any) of the page that you may visit. Your personal information shall be protected by us in terms of the Privacy Policy of PayGyft. If you have any complaints regarding our Website or App or any content or products/services/deals offered or any other matter, you may write to us at admin@paygyft.com. You hereby undertake to refrain from falsely defaming, insulting or offending PayGyft or a particular brand/merchant with the intention of falsely causing harm to the reputation of PayGyft or such brand/merchant on discussion forums or during your interaction with users or visitors. You may note that defamation is a criminal offence under the provisions of the criminal act and you may be liable for proceedings under the same, if in the opinion of PayGyft or the brand/merchant, as the case may be, your post, suggestion, feedback, comment or advice on the Website amounts to an intention to falsely defame such party.

You hereby indemnify PayGyft and keep indemnified, saved, defended and harmless on full indemnity basis PayGyft and all persons claiming under PayGyft ("Indemnified Persons"), from and against all losses and/or damages arising to PayGyft as a result of any notices, proceedings, litigations, claims, penalties, demands, made by or served upon PayGyft by the respective merchants/brands and/or judgments, liabilities, costs and expenses (including, without limitation, reasonable attorneys'' fees) allegedly arising in that regard, in whole or in part from any user attempting to defame, insult or offend any merchants/brands or by posting any content which is abusive defamatory or libellous for such merchants/brands.

LIMITATION OF LIABILITY

You are entirely liable for activities conducted by you or anyone else in connection with your browsing and use of the PayGyft Website. If you are dissatisfied with the PayGyft website or with any of the terms of this "Terms of Use" document your sole and exclusive remedy is to stop using the PayGyft Website. Neither PayGyft nor any third party provider will be liable for any damages in connection with your browsing or use of the PayGyft website.

Although the information provided to you on this Website is obtained or compiled from sources which we believe to be reliable, neither PayGyft, nor directors, officers, employees, or any third-party vendor guarantee you the accuracy, completeness, comprehensiveness, timeliness or availability of any of the products, deals, services or other content provided through this Website.

Neither PayGyft, nor directors, officers, employees, or any third-party vendor shall be liable for the purchase by you of products, services or deals based on suggestions or advice shared on our discussion forums or by users and visitors of our Website or have any responsibility of any kind, for any loss or damage, direct, indirect, consequential or incidental incurred by you, in the event of any failure or interruption of the PayGyft website, or from any other cause relating to your access to, inability to access, or use of the PayGyft Website, whether or not the circumstances giving rise to such cause may have been within the control of PayGyft or of any vendors providing software or support services to PayGyft.

FORCE MAJEAURE

PayGyft shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. PayGyft shall have no responsibility to provide you access to our Website whilst such unforeseen delays or interruptions continue.

TERMINATION

All rights granted to you under the terms of this "Terms of Use" document will terminate immediately in the event that you breach any of such terms and conditions.In order to do anything/undertake any activity that is not expressly permitted by the terms of this "Terms of Use" document, you will need a separate license from us. We request you to contact us at admin@paygyft.com for the said purpose.