Agreement (for www.GiftedToAll.com), and legally aligned with the Information Technology Act, 2000 & 2008, Sections 43A and 72, and the Indian Contract Act, 1872:
1. ACKNOWLEDGMENT
1.1 This User Agreement (“Agreement”) is an electronic record prepared in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Amendment) Act, 2008. All relevant rules and statutory amendments governing electronic records under the said Acts are duly incorporated herein.
1.2 This electronic record has been generated automatically by a computer system and therefore does not require any physical or digital signatures for its validity or enforceability under applicable Indian law.
1.3 This Agreement has been published in compliance with Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which mandates that all intermediaries and service providers make publicly available the terms and conditions governing access or usage of their online platforms.
1.4 Accordingly, this Agreement governs the access and usage of the www.GiftedToAll.com online platform, owned and operated by Gifted To All India Private Limited, including but not limited to all associated digital services, applications, and communication interfaces.
1.5 By accessing, registering on, or transacting through the Website, the User acknowledges and agrees that this Agreement constitutes a valid, binding, and enforceable contract under the Indian Contract Act, 1872, entered into voluntarily and with full understanding of its terms.
2. PENALTIES IN LAW
2.1 Tampering with Computer Source Documents:
As per Section 65 of the Information Technology Act, 2000, any person who knowingly or intentionally conceals, destroys, or alters any computer source code required to be maintained by law for any computer, computer program, or system shall be punishable with imprisonment up to three (3) years, or with a fine up to ₹2,00,000 (Rupees Two Lakhs Only), or with both.
2.2 Hacking with Computer Systems:
Under Section 66 of the Information Technology Act, 2000, any person who, with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person, destroys, deletes, alters information, or diminishes its value by unauthorized access, shall be punishable with imprisonment up to three (3) years, or with a fine up to ₹1,00,000 (Rupees One Lakh Only), or with both.
2.3 Receiving Stolen Computer Data or Devices:
As per Section 66B of the Information Technology Act, 2000, any person dishonestly receiving or retaining any stolen computer resource or communication device knowing or having reason to believe it to be stolen shall be punishable with imprisonment up to three (3) years, or with a fine up to ₹1,00,000 (Rupees One Lakh Only), or with both.
2.4 Publishing or Transmitting Obscene Information:
Under Section 67 of the Information Technology Act, 2000, any person publishing or transmitting obscene or lascivious material in electronic form shall be punishable with imprisonment up to two (2) years, and a fine up to ₹2,000 (Rupees Two Thousand Only), or with both.
In the event of a subsequent conviction, the punishment may extend to imprisonment up to five (5) years, along with a fine up to ₹2,000 (Rupees Two Thousand Only), in accordance with Section 292 of the Indian Penal Code (IPC).
2.5 Sending Offensive Messages or Publishing False Information:
As per Section 66A of the Information Technology Act, 2000, any person who sends by means of a computer resource or communication device any information that is grossly offensive, menacing, or false with the intent to cause annoyance, inconvenience, danger, or insult, shall be punishable with imprisonment up to three (3) years, and with fine as determined by the competent court of law.
3. DEFINITION OF TERMS
3.1 “We”, “Our”, “Us”, or “Company” — refer to GiftedToAll India Ltd., a company duly incorporated under the Companies Act of India, operating the digital gifting and promotional platform www.GiftedToAll.com, including all associated mobile applications, sub-domains, and digital extensions thereof.
3.2 “You” or “Your” — refer to any individual, visitor, user, shopper, customer, or authorized representative accessing, browsing, or transacting on the Website, thereby consenting to this User Agreement and all related policies.
3.3 “E-Portal”, “Online Store”, “Storefront”, “Website”, “E-Commerce Platform”, “E-Store”, “Site”, or similar expressions — collectively denote the official digital platform operated and managed by GiftedToAll India Ltd., which enables users to browse, purchase, redeem, or interact with products, vouchers, or promotional services provided therein.
3.4 “Visitor” — means any individual who accesses or visits the Website or E-Portal, with or without the intent to purchase any product or service, and who does not complete any transaction on the Website.
3.5 “Shopper” — refers to a Visitor who has initiated a product selection or is in the process of purchase on the Website but has not yet completed the payment or checkout process.
3.6 “Customer” — means a Shopper who has successfully completed the purchase and payment process on the Website. A Customer may be a repeat user who has previously visited, shopped, or transacted on the platform.
3.7 “Agreement” or “User Agreement” — refers to this legally binding electronic record, executed under the Information Technology Act, 2000 & 2008 and governed by the Indian Contract Act, 1872, which outlines the rights, obligations, and responsibilities of both the User and the Company.
4. ACCEPTANCE OF USER AGREEMENT
4.1 This User Agreement (“Agreement”) is a legally binding contract entered into between you (“User”) and us, GiftedToAll India Ltd., governing your access to and use of the www.GiftedToAll.com online portal, including its content, functionality, digital voucher systems, promotional tools, and all services offered through it, whether as a guest visitor or a registered user.
4.2 By accessing, browsing, or using the Website, or by clicking to accept or agree to this User Agreement when such option is presented to you, you expressly acknowledge that you have read, understood, and agreed to be bound by the terms and conditions of this Agreement, along with our Privacy Policy and other related policies, which are incorporated herein by reference.
4.3 If you do not agree with any of the terms of this User Agreement or the accompanying Privacy Policy, you must not access or use the Website or any of its associated services. Continued use of the platform constitutes your explicit consent and binding acceptance of all applicable terms, rights, limitations, and responsibilities as prescribed under the Information Technology Act, 2000, its amendments, and the Indian Contract Act, 1872.
4.4 By using this Website, you acknowledge that this Agreement and all related policies form a valid and enforceable electronic contract as recognized under Section 10A of the Information Technology Act, 2000, and constitute the complete legal understanding between you and GiftedToAll India Ltd. concerning your use of the platform.
4.5 As a user, you accept our terms of service, and agree that this Agreement, together with our Privacy Policy, User Agreement, and any applicable sales or service policies, collectively represent a lawful digital contract between both parties, enforceable under Indian law.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 The www.GiftedToAll.com e-portal and all its associated content—including but not limited to images, videos, audio clips, graphics, text, software, source code, visual design, user interface, and overall look-and-feel—are the exclusive property of GiftedToAll India Ltd., its licensors, and authorized service providers.
All such materials, features, and functionalities are protected under applicable Indian and international laws, including Copyright Act, 1957, Trademarks Act, 1999, Patents Act, 1970, and laws relating to trade secrets and proprietary rights.
5.2 This User Agreement grants you a limited, revocable, non-transferable right to access and use the Website solely for personal, shopping, gifting, and other non-commercial purposes.
Except as expressly permitted herein, you shall not modify, reproduce, distribute, create derivative works from, publicly display, perform, republish, download, store, or transmit any material from the e-portal, in whole or in part.
You may, however, perform the following limited actions:
5.2.1 Your device’s RAM may temporarily store copies of website materials during normal browsing or viewing sessions.
5.2.2 Your web browser may automatically cache certain content to enhance browsing performance and user experience.
5.2.3 You may print or download a reasonable number of pages from the Website solely for your own personal and non-commercial use, provided that such copies are not reproduced, republished, or distributed for commercial gain.
5.2.4 If the Company provides desktop, mobile, or other digital applications for online or offline access, you may download and use a single copy of such applications on your personal device, exclusively for non-commercial purposes, subject to compliance with the applicable End User License Agreement (EULA).
5.2.5 Certain web pages may incorporate social-media integrations or embedded features (such as sharing or posting tools). You may use such features strictly in accordance with this Agreement and the respective social-media platform’s terms of use.
5.3 Any unauthorized use, copying, distribution, or modification of Website content shall constitute an infringement of intellectual property rights and may result in civil and criminal liability under applicable Indian law, including provisions of the Information Technology Act 2000 and Indian Penal Code.
5.3 YOU MUST NOT:
5.3.1 Alter, edit, or manipulate any copies of materials from the e-Portal, including but not limited to text, images, photographs, graphics, animations, audio clips, or video files.
5.3.2 Remove, delete, conceal, or modify any watermark, icon, logo, copyright notice, trademark, or other proprietary right symbol appearing on any material obtained from the Website.
5.3.3 Access, use, reproduce, or exploit any service, feature, or content available on the e-Portal—or any portion thereof—for commercial, business, or resale purposes, unless expressly authorized in writing by GiftedToAll India Ltd.
5.4 Breach and Termination of Access
If you print, copy, modify, download, distribute, or share any part of the e-Portal or its content in violation of this User Agreement, your authorization to use the Website shall terminate immediately without notice.
Upon such termination, you shall, at the Company’s discretion, return or permanently destroy any copies of materials obtained or derived from the e-Portal.
5.5 Reservation of Rights
No right, title, or ownership interest in or to the e-Portal or its content is transferred to you through use, download, or access.
All rights not expressly granted under this User Agreement remain exclusively reserved by GiftedToAll India Ltd., its licensors, and its authorized affiliates.
5.6 Unauthorized Use and Legal Liability
Any use of the Website, its content, or services not expressly permitted under this Agreement shall constitute a material breach and may result in civil or criminal liability, including penalties under:
- The Information Technology Act, 2000 (Sections 43A and 72) for unauthorized access, data misuse, or breach of confidentiality;
- The Indian Contract Act, 1872 for violation of lawful contractual obligations; and
- Applicable provisions of the Copyright Act, 1957 and Trademarks Act, 1999.
The Company reserves the right to initiate appropriate legal, disciplinary, or remedial actions against any unauthorized or unlawful use.
5A. TRADEMARKS
5A.1 The name “GiftedToAll India Ltd.”, including its logo, brand emblem, design elements, tagline, and all associated visual identities, are the exclusive trademarks and intellectual property of GiftedToAll India Ltd. Any unauthorized use, imitation, reproduction, or representation of these marks in any form constitutes a violation of applicable Intellectual Property and Trademark laws in India and internationally.
5A.2 All products, brands, and services featured or promoted on the e-Portal, along with their respective names, logos, designs, taglines, and slogans, are trademarks, trade names, or service marks of their respective companies, product owners, licensors, or affiliates. Such marks are used on the Website for identification and reference purposes only.
5A.3 You are strictly prohibited from using, copying, reproducing, displaying, distributing, or exploiting any Company or third-party trademarks appearing on the Website without prior written consent from the respective trademark owner or authorized licensee.
5A.4 Any misuse or unauthorized use of the Company’s or third-party trademarks shall be considered a material infringement and may result in civil, criminal, and contractual liabilities under applicable Indian laws, including the Trademarks Act 1999, Information Technology Act 2000, and the Indian Contract Act 1872.
5B. PROHIBITED USES
You are granted limited permission to access and use the www.GiftedToAll.com e-Portal in accordance with this User Agreement and our Terms of Service.
By using the Website, you agree not to engage in any activity or conduct that violates applicable laws, breaches this Agreement, or harms the Company or its users in any manner.
The following actions are strictly prohibited:
5B.1 Engaging in any activity that violates any applicable central, state, local, or international law or regulation, including, without limitation, any export control laws governing the transfer of data, software, or technology from India or other jurisdictions.
5B.2 Using the e-Portal to exploit, harm, or attempt to harm minors in any way, including by exposing them to inappropriate or explicit content, soliciting personally identifiable information, or engaging in any form of digital misconduct.
5B.3 Transmitting, facilitating, or procuring the sending of any unauthorized advertising, promotional material, spam, chain letters, junk mail, or any other unsolicited communication, without the Company’s prior written consent.
5B.4 Engaging in any activity that impersonates or attempts to impersonate the Company, its employees, other users, or any individual or entity, including but not limited to the use of deceptive email addresses or credentials.
5B.5 Participating in any conduct that restricts, disrupts, or interferes with any other user’s access, experience, or enjoyment of the Website, or that may cause harm, reputational damage, or legal exposure to the Company or its users.
5B.6 Performing any act that could damage, disable, overburden, or impair the Website’s infrastructure, or interfere with the normal operation or performance of the e-Portal, including other users’ ability to engage in real-time online activities.
5B.7 Deploying or attempting to use any robot, spider, crawler, scraper, or other automated device, process, or algorithm to access, monitor, or copy data or content from the Website for any unauthorized or commercial purpose.
5B.8 Using any manual process or unauthorized technique to monitor, duplicate, or collect Website content, user data, or system activities for malicious, competitive, or unlawful purposes without prior written authorization.
5B.9 Installing, attaching, or employing any third-party device, plugin, software, or routine intended to interfere with, modify, or disrupt the normal functionality, security, or operation of the e-Portal.
5B.10 Introducing or attempting to introduce any virus, Trojan horse, worm, logic bomb, spyware, malware, or other malicious code or technology that may compromise data integrity, system security, or user privacy.
5B.11 Attempting to gain unauthorized access to any portion of the e-Portal, its databases, servers, networks, or connected systems, or to alter or damage any data stored therein.
5B.12 Launching or participating in any denial-of-service (DoS) or distributed denial-of-service (DDoS) attack targeting the Website, its infrastructure, or related servers.
5B.13 Engaging in any other act or attempt that interferes with or undermines the lawful and proper functioning of the e-Portal, its content, security systems, or service operations.
6. DISCLAIMERS OF WARRANTY
6.1 You acknowledge and agree that the Company does not warrant or guarantee that any files, data, or content available on the internet or through the e-Portal will be free from viruses, malicious code, or other destructive elements, as such risks may arise during data transmission or system interaction. You are solely responsible for implementing adequate security measures, including up-to-date antivirus protection, firewall systems, and data-backup procedures, to safeguard your systems, ensure data integrity, and maintain independent recovery mechanisms for any potential data loss.
6.2 To the maximum extent permitted by applicable law, the Company shall not be liable for any loss, damage, or disruption resulting from distributed denial-of-service (DDoS) attacks, viruses, malware, or other technologically harmful materials that may infect your computer equipment, software, data, or other proprietary material arising from your use of the e-Portal, any services or items obtained through it, or the downloading of any material from the e-Portal or linked websites.
6.3 Your use of the e-Portal, its content, and any services or items obtained through it is entirely at your own risk. You are solely responsible for any damage or loss resulting from reliance on materials, products, or services accessed via the platform.
6.4 The e-Portal, its content, and all services or items made available through it are provided on an “as is” and “as available” basis, without any form of warranty or representation, express or implied.
6.5 Neither the Company nor any person or affiliate associated with the Company makes any representation or warranty regarding the completeness, accuracy, reliability, quality, security, or availability of the e-Portal or its content.
6.6 Without prejudice to the generality of the foregoing, neither the Company nor its affiliates, licensors, employees, or agents warrants that:
- the e-Portal, its services, or content will be accurate, reliable, error-free, or uninterrupted;
- any defects or faults will be corrected;
- the servers that host the e-Portal are free of viruses, malware, or other harmful components; or
- the e-Portal, its content, or services will meet your specific expectations, purposes, or performance standards.
6.7 To the fullest extent permitted by law, the Company hereby disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, non-infringement, title, data accuracy, and fitness for a particular purpose.
Nothing in this clause shall affect any statutory rights or warranties that cannot be excluded or limited under applicable law.
7. LIMITATION OF LIABILITY
7.1 To the maximum extent permitted by applicable law, under no circumstances shall GiftedToAll India Ltd., its affiliates, licensors, service providers, officers, directors, employees, agents, or representatives be liable for any kind of damages, losses, or claims, arising out of or in connection with your access to, use of, or inability to use the e-Portal, any linked websites, or any content, materials, or services made available through them.
7.2 This limitation expressly includes, but is not limited to, any direct, indirect, incidental, consequential, special, or punitive damages, such as
- personal injury, pain, or suffering;
- emotional distress;
- loss of revenue, profits, business opportunities, or anticipated savings;
- loss of goodwill, reputation, or data;
- business interruption;
- or any other tangible or intangible losses,
whether arising under tort (including negligence), contract, strict liability, or any other legal theory, and even if such damages were foreseeable or the Company had been advised of their possibility.
7.3 The Company’s aggregate liability, if any, arising out of any claim relating to the Website, its content, or services—whether in contract, tort, or otherwise—shall be limited to the total amount, if any, paid by the User to the Company for availing services directly associated with such claim.
7.4 The foregoing exclusions and limitations shall apply even if any remedy fails of its essential purpose and regardless of the form of action.
7.5 Nothing in this clause shall exclude or limit liability where such exclusion or limitation would be contrary to applicable law, including liabilities that cannot be excluded under the Information Technology Act 2000, the Indian Contract Act 1872, or any other prevailing statutory provision.
8. GOVERNING LAWS OF THE LAND
8.1 GiftedToAll India Ltd. is an Indian-registered company, and its operations, sales, and services are primarily limited to the territories of the Republic of India, unless expressly specified otherwise.
8.2 This User Agreement, along with the Terms of Service, Privacy Policy, and all other related policies and contractual documents, shall be governed by and construed in accordance with the applicable laws of India, including but not limited to the Information Technology Act, 2000, the Indian Contract Act, 1872, the Indian Penal Code, 1860, and other relevant Central, State, District, and Local Authority laws and regulations as may apply from time to time.
8.3 You expressly agree that any claim, dispute, or legal proceeding arising out of or relating to this Agreement, your use of the e-Portal, or any services provided by the Company, shall be subject to the exclusive jurisdiction of the competent courts at Rajkot, Gujarat, India.
Accordingly, you agree not to initiate or pursue any legal action, arbitration, or proceeding against the Company or its affiliates in any jurisdiction other than Rajkot, Gujarat (India).
8.4 The parties hereby submit to the exclusive territorial and subject-matter jurisdiction of the courts located in Rajkot, Gujarat, and such courts shall have authority to adjudicate all disputes arising under this Agreement or related to the use of the Website and its services.
9. E-PORTAL USAGE
9A. Front-End User Authentication System
9A.1 The Company allows visitors to access and browse the www.GiftedToAll.com e-Portal as guest users, without requiring mandatory registration or authentication. However, full use of the Platform’s features, personalized services, order management, and promotional benefits may require user registration through our secure authentication process.
9A.2 During registration, users will be asked to provide the following essential information:
- Display Name – for identity display within the portal;
- Password – to ensure secure account access;
- Contact Details – such as an active email address or mobile number, which may be verified through a confirmation email or OTP (one-time password) to complete the authentication process.
By registering or using the e-Portal, you agree to:
9A.3 Immediately notify the Company upon becoming aware of any unauthorized access, misuse, or breach of your account by any third party.
9A.4 Maintain strict account security by:
- Logging out after each session;
- Changing your password periodically; and
- Using strong, complex passwords to prevent unauthorized access or password guessing.
9A.5 You are solely responsible for all activities carried out under your account and agree that the Company shall not be held liable for any loss or damage resulting from your failure to comply with these security obligations, as recognized under Section 43A of the IT Act, 2000.
9B. Services Offered
9B.1 The term “Services” encompasses more than product purchases. It includes:
- access to product and service information;
- promotional content and guidance;
- after-sales support; and
- opportunities for User-Generated Content (UGC) such as feedback, comments, and reviews, all subject to moderation and applicable laws.
9B.2 The Company provides intuitive navigation tools, landing pages, and secure transaction interfaces to help users explore, select, and purchase products in a safe digital environment. All data handling and transactional processes are conducted per our Privacy Policy, which forms an integral part of this User Agreement.
By accessing our Services, you agree to:
9B.3 Comply fully with our Terms of Service (TOS) and this User Agreement.
9B.4 Adhere to our Partner Agreement, where applicable.
9B.5 Abide by our Order, Shipment, and Returns Policy.
9B.6 Comply with our Cancellation & Refund Policy.
9B.7 Acknowledge that t his User Agreement and all related documents are subject to and governed by the laws and jurisdiction of Rajkot, Gujarat (360005), India, which constitutes the registered headquarters of GiftedToAll India Ltd.
