Terms of Use

GIFTVERSE AI LTD.

Welcome to our website at www.giftverse.ai and/or www.giftinlink.com or any other address as may be available from time to time (the “Website”), which is owned, operated and managed by Giftverse AI Ltd. In these Terms of Use as “we”, “us”, “our”, and “Giftverse”.

Giftverse is a company incorporated under the laws of the State of Israel.

These Terms of Use (as may be amended and/or updated from time to time) together with our Privacy Policy (available for review by clicking here are collectively referred to as the “Terms”) and govern your access to and use of the Website and other applications and platforms which may be owned, controlled by or operated by Giftverse and made available to you (the “Services”), and any other linked pages or blogs, features, content (including any information, text, graphics, photos, lists of items compiled by you, comments, reviews, links, or other materials uploaded, downloaded or appearing on, or linked to the Services), or applications offered from time to time by Giftverse in connection therewith. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms. If you do not wish to be bound by these Terms, we urge you not to register for or use our Services.

1. Creating Your Account;

Upon registering to our Services, as an employer (“Employer”), you are required to provide the follows: (i) admin full name, admin email address and password, as well as your employees details which includes: full Names, email addresses, date of birth and site. Upon the Employer sole discretion and preference, Employer might share with us, as long as Employer has the right to do so, Employees' home address, phone number and the start date of the employee with the Employer.

Upon registering to our Services, as an employee (“Employee”), you are required to provide the following: (i) your full name, (ii) email address, (iii) date of birth, (iv) site/Employer name, and (v) phone number, as well as your email address and the password you received which accompanied the gift's voucher from your Employer. Nevertheless, the Employee on his sole discretion might share Employee's home address, hobbies, flavors and allergies, personalities, dislikes, age and job title.

All personal details disclosed by you (both the Employer and Employee), on the Services will be collected and processed in accordance with our Privacy Policy. You represent that all the information you provide to us is accurate and complete and that you are entitled to provide us with such information (whether with respect to you or the intended gift recipient (if Employer)).

You agree to register with our Services and access and use your account solely for your personal use. You may not authorize others to use your account. You are solely responsible for keeping your registration and other personal details (including your email address and password) for your account confidential.

If you suspect any unauthorized access or use of your account or our Services by a third party, you agree to promptly notify us. You agree to co-operate with, and assist, us in any action or proceedings by us to prevent or otherwise deal with any unauthorized access or use of your account by any third party.

2. Accessing Our Services

Access to the Services is permitted on a temporary basis subject to your compliance with these Terms of Use, and we reserve the right to withdraw or amend the Services within seven (7) days prior written notice or any shorter period as agreed specifically between us and the Employer. We will not be liable if, for any reason, the Services are unavailable at any time or for any period, provided that upon termination of the Services with the Employer with respect to all Employees of such Employer, or to certain Employee in the event of termination of an Employee engagement with an Employer, Employee will have a period of thirty (30) days to use any remaining budget for exercise under the Services, following such period, such budget will not be available to use, and we shall not have any obligation or commitment retrieve or repay any amounts to the Employer. We reserve the right to modify, restrict access or terminate access to the Services at any time. From time to time, we may restrict access to some or all parts of our Services for any reason by giving a reasonable prior written notice to Employer. In addition, in case you use the Service for purchase using different currency than the currency provided to us by your Employer you will bear exchange rate used by us at the time of transaction, and you acknowledge and hereby waive any and all claims in relation to the currencies' exchange, including the impact of the available amount for purchase in the new currency

You are responsible for making all arrangements necessary for you to have access to Services. You are also responsible for ensuring that all persons who access Services through your account are aware of these Terms, and that they comply with them

3. Purchasing Items – Third Party Vendors

Giftverse provides personal assistance as an online intermediary and a shopper. By using the Service, you hereby acknowledge that Giftverse is an intermediate and does not make any representations, commitments, confirmation process and/or give any guarantee related to any vendor's services or products', including their quality, liability or their authenticity.

The entire processes of the gift choice will be completed inside the GiftVerse platform. As such, upon receiving our recommendations, whether on our website, via email or through our Services, you’ll be provided with detailed information on recommended items, including the third-party vendors from whom the items will be procured. Through GiftVerse platform, you can select the product you wish to receive from your Employer. The delivery of the gift depends on its kind: In case you chose a digital gift card- the item may be sent from the vendor to your email address; In case you chose a physical item- it may be sent from the vendor to the address that you inserted in our Website or any other delivery form you will choose out of the vendors' options.

The personal details you enter on Giftverse website may be directed to vendor's website to complete your request. These personal details will be collected, stored and processed in accordance in vendors’ websites, in accordance with the terms and conditions and privacy policy of their websites. You must read and accept the terms and conditions and privacy policies of the applicable Vendor’s website before selecting your gift. Vendors’ terms of use and privacy policies are separate from Giftverse and Giftverse is not responsible for Vendors’ terms of use, privacy policies and/or any other practices that these vendors may have.

ONLY THE VENDORS ARE RESPONSIBLE FOR ANY AND ALL ISSUES RELATED TO PRODUCTS AND SERVICES OFFERED BY THEM INCLUDING ON THEIR WEBSITES, INCLUDING WITH RESPECT TO ISSUES ARISING FROM THE FINAL PROCESSING OF GIFTING , THEIR WEBSITES AND SUPPLY OF ANY PRODUCTS OR SERVICES ORDERED (SUCH ISSUES MAY INCLUDE NON-DELIVERY, DELAYS, DAMAGED GOODS, PAYMENT AUTHORIZATION CHECKS, AND THE LIKE). GIFTVERSE HAS NO RESPONSIBILITY FOR THE COMPLETE TRANSFER AND USAGE ARISING OF ANY ORDER. IF YOU HAVE ANY QUESTIONS OR EXPERIENCE ANY ISSUES WHEN OR AFTER CHOOSING ANY PRODUCT, YOU SHOULD AND WILL BE REQUIRED TO CONTACT THE RELEVANT VENDOR DIRECTLY. THE VENDORS ARE SOLELY RESPONSIBLE FOR ANY ISSUES RELATING FOR DELIVERIES, REFUNDS, EXCHANGES OR RETURNS OF ITEMS YOU MAY CHOOSE.

Giftverse is solely responsible to complete the Employee's request for the initial gift that was made on our platform. We take reasonable care to make our site and Services secure but we are not responsible, and have no liability, for any ordered products as those are carried out on the Vendors’ websites. In the event of any claims arising, in connection product or services ordered and/or purchased using the Services, including the delivery process, any discrepancies of the product or service, any defect or malfunction of the product or service, any claim for repair, replacement or refund, should be addressed directly to the applicable vendor and not to Giftverse. By using the Service, you waive any right and expressly relieve Giftverse from any and all liability and responsibility arising from any claim relate to vendors’ products and/or services.

In addition, Giftverse will not and cannot censor or edit the content of any vendor’s website. By using the Service, you expressly relieve Giftverse from any and all liability arising from your use of the vendors’ websites.

4. Taxes and Duties

Orders on vendors’ websites may be subject to additional taxes, duties and charges. When a product is proposed on Giftverse’s website, you have the sole responsibility to verify on the vendors' website prior to being provided with the item and/or service that you do not have to pay for such Product and be aware that such Product may not be subject to any duplicated discounts, and that you may be subject to taxes, duties, fees, levies or shipping fees and other charges which may apply to the state or country you selected for the delivery of your order. We do not provide information on those possible taxes, fees and charges and those should be verified on the applicable Vendor's website prior to the selection of any Product.

5. Basic Terms

You are solely responsible for your use of the Services, for any information you provide to or through the Services (whether with respect to you or any gift recipient), and for any consequences thereof. You should only provide information you are comfortable and authorized sharing under these Terms.

You may use the Services only if you are at least 18 years of age. You may use our Services only in compliance with these Terms of Use and all applicable local, state, national, and international laws, rules and regulations. If you open an account on behalf of a company, organization, or other entity, then: “you” includes you and that entity; and you represent and warrant that you are authorized on behalf of that entity to bind the entity to these Terms; and you agree to these Terms on the entity’s behalf.

We strive to always evolve our Services and the form and nature of the Services we provide may change from time to time without the need to provide you with any prior notice. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. Giftverse retains the right to create limits on use and storage at its sole discretion at any time without prior notice or any liability to you.

6. Your Content

Through the use of the Services, you may be able to provide certain information on your account or profile such as preferences, information and the like (“Content”). We agree that you shall retain your rights, including copyright and other intellectual property rights, to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services from time to time, you grant Giftverse a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, store, such Content for any purpose and for unlimited period.

You agree that this license includes the right for Giftverse to make such Content available to other third party entities or individuals who partner with Giftverse.

You agree that you are not entitled to any compensation for any of the foregoing uses and licenses with Giftverse with respect to the Content that you submit, post, display or otherwise make available through the Services. You waive all moral rights (or similar or equivalent rights in other jurisdictions) you have in such Content to the fullest extent permitted by law.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third party partners. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted under these Terms of Use to any Content of the end user that you submit.

7. License to Services

Giftverse grants you a personal, worldwide, revocable, limited, non-sub-licensable, non-assignable and non-exclusive license to use our Services, subject to these Terms of Use. The license granted under these Terms is for the sole purpose of enabling you to use and enjoy the Services as provided from time to time, in the manner permitted by these Terms of Use (including any updates, which may be subject to additional terms to be notified to you).

The rights in the Service are only licensed and not sold to you. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, adapt, alter, edit, re-position, rebrand, change, distribute, lend, hire, sub-license, rent, make a derivative work from the software in the Services.

All right (including copyright, trademarks and other intellectual property rights), title, and interest in and to the Services and content provided in the Services (excluding Content provided by users) including but not limited to all information, data, text, maps, graphics, the “look and feel”, logos, icons, trademarks, trade names, images, video clips, sound clips, editorial content, notices, data compilations, page layout, selection or arrangement of the contents of the Services, and the underlying code and software in the Services are and will remain our exclusive property and that of our licensors. The Services are protected by copyright, trademark, and other laws and treaties around the world. All such rights and related material are reserved.

Our name and logo are owned by Giftverse and cannot be used without our prior written consent. Nothing in the Terms gives you a right to use the Giftverse name or any of the Giftverse trademarks, logos, domain names, other brand features, or similar rights, in each case on a worldwide basis, including trademarks and know-how.

While we welcome any feedback or comments from you, please note that any unsolicited ideas, feedback or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names, new features or new functionality, will automatically upon submission become the property of Giftverse, without any kind of compensation to you. We shall not be under any obligation to review such submissions or feedback or to keep such submissions or feedback confidential. Giftverse may use or redistribute for any purpose any such submission or feedback and its contents for any purpose and in any way it deems fit.

8. Restrictions

Your Content and use of the Service will not, at all times: (i) in any way violate any local, national, state or other laws or regulations or any order of a court in any relevant jurisdiction; (ii) be for any purpose that is not permitted by these Terms; (iii) include bypass measures used to prevent or restrict access to the Services, including any territory use restrictions; (iv) in any way infringe the rights of any person or entity, including copyright, trademarks or other intellectual property rights, or other privacy or contractual rights; (v) intentionally or unintentionally deceive or defraud any other user; (vi) in any way intentionally or unintentionally harass, annoy, threaten or intimidate any other user; (vii) in any way promote or incite, whether intentionally or unintentionally, racism, bigotry, hatred or physical harm of any kind; (viii) in any way be abusive, defamatory, inaccurate, obscene, offensive, objectionable or sexually explicit; (ix) promote illegal or unlawful activities or in any way which may lead to the encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm, distress or inconvenience to any person; (x) contain software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Service; (xi) allow access or attempt to access any data of other users of the Services or to penetrate any of the security measures relating to the Services, or to probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (xii) be used to scrape, crawl or spider or otherwise use the Services or any Content for phishing, spamming, trolling or any unauthorized (commercial) purpose; (xiii) copy, modify, or distribute any other user’s Content without consent; (xiv) solicit or provide unlawful services; (xv) be used to harvest or otherwise collect information about others without their consent; or (xvi) be used to gain unauthorized access to the Services, the server on which the Services are stored or any server, computer or database connected to the Services.

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, or disclose any information as we reasonably believe necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms, including investigation of potential violations; (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or; (v) protect the rights, property or safety of Giftverse, its users and the public.

While we will do what we can to protect the security of your Content and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

9. No warranties and Disclaimers

Access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided on an “AS IS” and “AS AVAILABLE” basis.

WITHOUT LIMITING THE FOREGOING, GIFTVERSE AND ITS PARTNERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED. For the avoidance of doubt, it is hereby clarified that we shall not have any kind of liability with respect to the vendors' products and/or services ordered or purchased using the Services.

Giftverse makes no warranty and disclaims all responsibility and liability for the completeness, accuracy, availability, functionality, compatibility, freedom from defects, timeliness, security, performance, availability, or reliability of the Services or any content thereon. Giftverse will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any content. You also agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or other communications maintained by the Services. Giftverse makes no warranty that the Services will meet your requirements or expectations or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, provided by Giftverse or through the Services, will create any warranty not expressly made herein.

Your use of the Services is at your own discretion and risk and you will be solely responsible for any damage to your computer, mobile device or network that results from your use of the Services. We will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material.

We are not liable to you for any inability to access the Services at any time, for any reason (including but not limited to any planned or unplanned downtime, or any outages on networks or when you are not in an area supported by network coverage).

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GIFTVERSE AND/OR ANYONE ACTING ON ITS BEHALF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DAMAGE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOSS OF PROFITS, REVENUE OR SALES, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA OR LOSS OF BUSINESS OPPORTUNITY, WHETHER BASED ON WARRANTY, CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF GIFTVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE SOLE AND EXCLUSIVE RELIEF AVAILABLE TO YOU IN ANY SUCH EVENT(S) IS TO LEAVE THE WEBSITE.

11. Indemnification

You shall indemnify Giftverse and hold it harmless on a full indemnity basis, on demand from and against all liabilities, costs, expenses, damages and losses, legal costs (calculated on a full indemnity basis) and all other reasonable professional costs (including costs of defense of claims, suits or proceedings brought by third parties) and expenses suffered or incurred by Giftverse arising out of or in connection with your use of the Services, the content therein, your breach of these Terms and/or as a result of your violation of any applicable laws or regulations.

12. Termination

We reserve the unconditional right to suspend, withdraw, terminate, amend or restrict access to some parts of the Services, or to the Services entirely, to you at any time immediately without notice for any reason, including (without limitation) in circumstances where, we reasonably have a reason to believe you failed to comply with these Terms of Use, you have gained access to the Services unlawfully or fraudulently, your use of the Services is unauthorized or fraudulent, you are otherwise restricted from using the Services.

To the maximum extent permitted by the law, we disclaim any and all warranties or representations of any kind (either express or implied and whether statutory or otherwise) with respect to any liability claimed by you in connection with the suspension or withdrawal of, or changes to the Services.

If your account is terminated as a result of termination of these Terms or the Services, you may lose any information associated with your account, including your Content.

13. Governing Law; Jurisdiction

These Terms shall be governed by the laws of the State of Israel. Any dispute arising out of, or in connection with these Terms or the Services, shall be submitted exclusively to the courts of Tel Aviv, Israel which shall have exclusive jurisdiction over the matters set forth herein.

14. Miscellaneous Provisions

These Terms including the policies listed and incorporated herein, are the sole and exclusive agreement between you and Giftverse regarding the Services and supersedes any prior agreement, covenant, undertaking, memorandum or other understanding between you and Giftverse with respect to the Services. These Terms to not apply to any services which you may receive from any Vendor. Other than members of the Giftverse’s group, no other person or company will be third party beneficiaries to the Terms. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law. No failure by us in exercising any right or remedy under these Terms constitutes a waiver of that right or remedy. We may assign, transfer, delegate or convey any of our rights or obligations under these Terms to any third party provided such assignee agrees to continue to honor your rights under these Terms.

15. Contact Us

If you have any questions about these Terms, please email us at adele.r@giftverse.ai.

16. Amendments

We may amend these Terms from time to time. The most current version will always be available here. If the amendment, in our sole discretion, is material we will notify you by email to the email associated with your account. By continuing to access or use the Services after any amendment becoming effective, you will be deemed to agree to be bound by the amended Terms.

Effective Date: August, 01, 2024.