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Terms of Service

Terms of Use

(Effective as of November 30, 2021)

Welcome to GiftHey.com (“GiftHey Website“) provided by YILIAN LLC .GiftHey provides services to you when you visit or shop at GiftHey.com (“GiftHey Services“).

Please read the following terms and conditions of use (“Terms of Use”) carefully before using the GiftHey Services.

These Terms of Use govern your access to and use of all GiftHey Sites and GiftHey Services. By using the GiftHey Site and GiftHey Services, you acknowledge that you are of legal age to enter into these Terms of Use and are permitted to receive GiftHey Services in accordance with applicable law. If you violate or disagree with these Terms of Use, then your access to and use of the GiftHey Site is unauthorized.

Site Policies, Modifications and Severability

GiftHey reserves the right to make changes to the GiftHey Site, Site Policies and these Terms of Use at any time by notifying you through the GiftHey Information Center or by email, and by posting the revised Site Policies and Terms of Use on the GiftHey Site. Our right to modify the Terms of Use includes the right to modify, add or remove terms from the Terms of Use. The posting of revised policies and terms of use after your continued access or use of the GiftHey Site and GiftHey Services will constitute your acceptance of and agreement to such changes. We may also require you to confirm your acceptance of the Terms of Use by electronic click. If any part of these Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

Your Account and Content Posted by You

You will need your own account to use certain GiftHey Services, and you may be required to log into that account and have at least one valid payment method associated with it. If there is a problem charging the payment method you choose, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account. GiftHey reserves the right to refuse service, terminate accounts, terminate your right to use the GiftHey Services, remove or edit content, or cancel orders, in its sole discretion.

You may post reviews, comments, photos, and other content so long as such content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not include or contain software viruses, political propaganda, commercial solicitations, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Content, and GiftHey reserves the right (but has no obligation) to remove or edit such Content.

If you post Content or submit material, unless we indicate otherwise, you grant GiftHey a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display such Content in any media. You grant GiftHey and sublicensees the right to use the name you submit in connection with such content. You represent and warrant that you own or otherwise control all rights to the content you post; that such content is accurate; that use of the content you provide does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify GiftHey for all claims arising out of the content you provide.

Product Descriptions

GiftHey attempts to be as accurate as possible. However, GiftHey does not warrant that product descriptions or other content on the GiftHey website is accurate, complete, reliable, current or error-free. If a product offered by GiftHey itself is not as described, your sole remedy is to return it in unused condition.

Due to the improved design of the product, specifications may change without notice.

Prices

With respect to items sold by GiftHey, we cannot confirm the price of an item until you order it. Despite our best efforts, a few items in our catalog may be priced incorrectly. If the correct price of an item sold by GiftHey is higher than our stated price, we will, at our discretion, either contact you by email for instructions prior to shipping or cancel your order and notify you of such cancellation.

All billing information you provide to us must be true and accurate. Providing any information that is untrue or inaccurate is a violation of these Terms of Use and may result in the cancellation of your order. We may also ask you to provide additional information before accepting an order. Verification of the information may be required prior to confirming or completing any purchase. We reserve the right to refuse or cancel orders for any reason, including limitations on the number of purchasable items or problems identified by our credit and fraud avoidance department, and to notify you promptly. If your order is cancelled after your credit card (or other payment account) has been charged, we will refund you the amount charged. If all or any part of your order is cancelled, or if additional information is required to accept your order, we will attempt to contact you via email.

Shipping and Return Policy

Physical items will be shipped to the address you specify (if applicable), as long as that address is complete and meets the shipping restrictions in our Shipping Policy. All transactions are made pursuant to a contract of carriage, and therefore the risk of loss and ownership of the item will pass to you upon delivery of the product to you. 

GiftHey does not take ownership of returned items until they arrive at our designated location. At our discretion, refunds may be made without requesting a return. In such cases, GiftHey will not take ownership of the returned items. For more information on our returns and refunds, please see our Return Policy.

Intellectual Property Rights

The GiftHey Site and all Materials, and all copyrights, trademarks, trade dress and other intellectual property rights (collectively, “Intellectual Property Rights”) are owned or controlled by, or licensed to, GiftHey and are protected by applicable international trademark, copyright and other intellectual property laws. Subject to your compliance with these Terms of Use, you may access, view, download and print the Materials for your personal, non-commercial use only, as long as GiftHey permits you to use the GiftHey Site; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all Materials; (2) do not modify or alter the Materials in any way; and (3) not make the Materials available or accessible to any third party on a commercial basis. For purposes of these Terms of Use, “Materials” means product information, product descriptions, reviews, comments, information, communications, feedback, submissions, suggestions, questions, and other information, data, content and materials (including headers, images, text, illustrations, formatting, logos, labels, designs, icons, photographs, software programs, music clips or downloads, video clips, and GiftHey’s web pages on the written and other materials available on or through the GiftHey Site.

If you believe in good faith that your intellectual property rights have been infringed on the GiftHey Site, please contact [email protected]

Privacy

Please review our Privacy Policy, which also applies to your use of the GiftHey Services, to understand our practices.

Sanctions

You may not use any GiftHey Services if you are the subject of any trade restriction, sanction or other legal restriction enacted by any county, international organization or jurisdiction.

Disclaimer of Warranties

the GiftHey site and the GiftHey services are provided on an “as is” and “as available” basis, unless otherwise specified in writing. GiftHey makes no representations or warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. except as otherwise provided in writing, GiftHey does not warrant that the GiftHey website, information, content, materials, products or other items contained on or otherwise made available to you through the GiftHey website, unless otherwise specified in writing. GiftHey does not warrant that the GiftHey website, information, content, materials, products or other items contained on or otherwise made available to you through the GiftHey Website, electronic communications sent from GiftHey to you are free of viruses or other harmful components. You expressly agree that your use of the GiftHey Site and GiftHey Services is at your sole risk.

Limitation of Liability

To the fullest extent permitted by law, GiftHey will not be liable for any damages of any kind arising out of the use of any GiftHey Services or from any information, content, materials, products or other information contained or otherwise made available to you through any GiftHey Services. This includes, but is not limited to, direct, indirect, incidental, punitive and consequential damages, unless otherwise specified in writing. to the extent this disclaimer is unenforceable, GiftHey’s entire liability for loss or damage, if any, shall not exceed the amount you paid for the particular service or product on which liability is based, or $10, whichever is greater.

Indemnification

You agree to defend (at GiftHey’s option), indemnify, and hold GiftHey harmless from and against any and all liabilities, claims, damages, costs and expenses, including attorneys’ fees and expenses, arising from or relating to your misuse of the GiftHey Site or any violation of these Terms of Use with respect to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.

GiftHey reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in any event, you agree to cooperate with GiftHey if and when requested by GiftHey in the defense and settlement of such matter.

Termination

These Terms of Use are effective unless and until terminated by you or GiftHey. you may terminate these Terms of Use at any time so long as you cancel your account and cease any further use of the GiftHey website. The Company may also terminate these Terms of Use at any time, and may do so immediately without notice, and deny you access to the GiftHey Site if the Company, in its sole discretion, determines that you have failed to comply with any term or provision of these Terms of Use. Upon termination of these Terms of Use by either you or GiftHey, you must immediately destroy all materials downloaded or otherwise obtained from the GiftHey Site, and all copies of such materials, whether made under these Terms of Use or otherwise. The following sections will survive any termination of these Terms of Use: “Intellectual Property Rights” (excluding the rights granted to you in that section), “Privacy”, “Disclaimer”, “Limitation of Liability”, “Indemnification”, “Termination”, and “Disputes and Applicable Law”.

Legal Disputes

Your use of the GiftHey Site and GiftHey Services shall be governed by the laws of China, without regard to the conflict of laws rules therein. Any dispute arising out of or relating to these Terms of Use and your use of the GiftHey Site and GiftHey Services shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) South China Branch for arbitration, which shall be conducted in accordance with the CIETAC Arbitration Rules in effect at the time of the application for arbitration. The arbitral award shall be final and binding on both parties. The place of arbitration and the place of oral hearing shall be in Shenzhen. The number of arbitrators shall be three . The arbitration proceedings shall be conducted in Chinese.

Notice

GiftHey.com may give notice to you by email (using the email address you provide to us), by general notice on the Site, or by other reliable method to the address you provide to GiftHey.com.

Guidelines for Reporting Infringement

If you believe in good faith that your intellectual property rights have been infringed upon on the GiftHey Site, please send an infringement report to [email protected]

Please note that we may share a complete copy of your report, including your name, contact information, the name of the rights holder (in the event you are an authorized representative), and other content therein with the person who posted the content you reported.

Please note that filling out a report of intellectual property infringement is a very serious matter. Knowingly filing a false report, including knowingly misrepresenting infringing content or conduct, or otherwise abusing the process, may result in liability and/or other legal consequences under applicable law.

Please understand that this Infringement Reporting Guide and our related policies and procedures do not constitute legal advice. You may wish to consult with an attorney or professional advisor before submitting an infringement report to us.

Subject to our Terms of Use, we reserve the right to restrict, suspend, freeze or terminate the accounts of users who infringe or are accused of infringing the legal rights of others on the GiftHey website or through the use of our services.