Terms of Service

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Welcome to Gifts4Her ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the Gifts4Her mobile application and related services (collectively, the "Service"). Please read these Terms carefully before using our Service.

By accessing or using Gifts4Her, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use the Service.

1. Acceptance of Terms

By creating an account, downloading, installing, or using Gifts4Her, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not use the Service.

These Terms constitute a legally binding agreement between you and Baya Ventures Pty Ltd. ("Company," "we," "us," or "our").

2. Description of Service

Gifts4Her is a mobile application that helps users:

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. Eligibility and Age Requirements

You must be at least 18 years old to use Gifts4Her. By using the Service, you represent and warrant that:

Important: If you are under 18, you are not permitted to use Gifts4Her. If we discover that you are under 18, we will terminate your account immediately.

4. User Accounts

4.1 Account Creation

To use certain features of the Service, you must create an account by providing:

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4.2 Account Security

You agree to:

We are not liable for any loss or damage arising from your failure to protect your account information.

4.3 Account Termination

You may delete your account at any time through the app settings. We reserve the right to suspend or terminate your account if you violate these Terms or engage in any fraudulent, abusive, or illegal activity.

5. Acceptable Use Policy

You agree not to:

Violation of these restrictions may result in immediate termination of your account and legal action.

6. User Content

6.1 Your Content

You retain ownership of any content you create, upload, or submit through the Service ("User Content"), including:

6.2 License to Us

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content solely for the purpose of providing and improving the Service.

6.3 Content Responsibility

You are solely responsible for your User Content. You represent and warrant that:

6.4 Content Removal

We reserve the right to remove any User Content that violates these Terms or that we determine, in our sole discretion, is harmful, offensive, or inappropriate.

7. Affiliate Links and Third-Party Services

7.1 Affiliate Relationships

Gifts4Her contains affiliate links to third-party retailers, including but not limited to Amazon, Nike, Sephora, and other partner websites. When you click on these links and make a purchase, we may receive a commission at no additional cost to you.

7.2 Third-Party Transactions

All purchases are made directly with third-party retailers, not through Gifts4Her. We are not a party to any transaction between you and these retailers. We do not:

7.3 Third-Party Terms

Your use of third-party websites and services is subject to their respective terms of service and privacy policies. We are not responsible for the content, policies, or practices of third-party websites.

7.4 Product Recommendations

Gift recommendations are provided for informational purposes only. We do not guarantee:

You are responsible for verifying product details and making informed purchasing decisions.

8. AI-Powered Recommendations

Gifts4Her uses artificial intelligence technology to provide personalized gift recommendations. You understand and agree that:

9. Notifications and Reminders

Gifts4Her may send you push notifications and reminders about upcoming events. You can manage your notification preferences through your device settings or the app settings. By using the Service, you consent to receive these notifications.

We are not responsible for any consequences resulting from missed notifications, reminders, or events, including forgotten birthdays or anniversaries.

10. Intellectual Property Rights

10.1 Our Intellectual Property

The Service, including its design, features, functionality, text, graphics, logos, and software, is owned by Baya Ventures Pty Ltd. and is protected by copyright, trademark, and other intellectual property laws. You may not:

10.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use, subject to these Terms.

11. Disclaimers and Limitations of Liability

11.1 Service Availability

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee that:

11.2 Limitation of Liability

To the maximum extent permitted by law, Baya Ventures Pty Ltd., its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

Our total liability to you for any claims arising from or related to the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim, or $100, whichever is greater.

11.3 No Warranty

We disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

Note: Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Baya Ventures Pty Ltd., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

13. Termination

13.1 Termination by You

You may terminate your account at any time by deleting it through the app settings or by contacting us.

13.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice, if:

13.3 Effect of Termination

Upon termination:

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

Your continued use of the Service after any changes constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and delete your account.

15. Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

15.2 Dispute Resolution Process

If you have any dispute with us, you agree to first contact us at contact.gifts4her@gmail.com to attempt to resolve the dispute informally.

If we cannot resolve the dispute informally, you agree that any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA), except where prohibited by law.

15.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet failures.

17. Contact Information

If you have any questions about these Terms of Service, please contact us:

Email: contact.gifts4her@gmail.com

Company: Baya Ventures Pty Ltd.

Address: Emigrant PDE, Sydney, Australia

We will respond to your inquiries within a reasonable timeframe.