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Terms and Conditions for Giftree Brighton Ltd

These Terms and Conditions ("Terms") constitute a legal agreement between you and Giftree Brighton Ltd ("Giftree Brighton Ltd," "we," "our," or "us") and govern your access to and use of our website, app, and other software solutions (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms.

1. Accepting the Terms

By accessing or using the Services, you agree to these Terms and our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms or the Privacy Policy, you must not use or access the Services.

2. Changes to the Terms

We may modify these Terms from time to time. If we make material changes to these Terms, we will notify you by posting the updated Terms on our website or through other reasonable means. Your continued use of the Services after the effective date of the updated Terms constitutes your agreement to the updated Terms.

3. Use of the Services

You may use the Services only for lawful purposes and in accordance with these Terms. You must not use the Services in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United Kingdom or other countries).

4. Account Registration

To access certain features of the Services, you may be required to create an account with Giftree Brighton Ltd. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. You agree to accept responsibility for all activities that occur under your account or password.

5. Intellectual Property

The Services and all content and materials included on or otherwise made available through the Services, including, without limitation, the Giftree Brighton Ltd logo, all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Giftree Brighton Ltd Content") are the property of Giftree Brighton Ltd or its licensors or users and are protected by United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6. User Content

You may submit or upload content, including but not limited to, text, images, videos, and other materials (collectively, "User Content") to the Services. By submitting or uploading User Content to the Services, you grant Giftree Brighton Ltd a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Giftree Brighton Ltd's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

7. Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate Giftree Brighton Ltd, a Giftree Brighton Ltd employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by Giftree Brighton Ltd, may harm Giftree Brighton Ltd or users of the Services or expose them to liability.

8. Termination

Giftree Brighton Ltd may terminate your access to and use of the Services at any time and for any reason without notice or liability to you. Upon any termination, discontinuation, or cancellation of the Services or your account, the following provisions of these Terms will survive: Sections 5 through 12.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Giftree Brighton Ltd DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Giftree Brighton Ltd DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES.

10. Limitation of Liability

IN NO EVENT SHALL Giftree Brighton Ltd, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES, EVEN IF Giftree Brighton Ltd HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Giftree Brighton Ltd'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Giftree Brighton Ltd FOR THE SERVICES DURING THE TERM OF YOUR USE OF THE SERVICES.

11. Indemnification

You agree to indemnify, defend, and hold harmless Giftree Brighton Ltd, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys fees) arising out of or relating to your violation of these Terms or your use of the Services.

12. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United Kingdom. The courts of the United Kingdom shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).

13. Entire Agreement and Severability

These Terms constitute the entire agreement between you and Giftree Brighton Ltd regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, whether written or oral. If any provision of these Terms is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the validity, legality, or enforceability of any other provision of these Terms, and these Terms will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provision had never been contained herein.

14. Waiver

No waiver of any provision of these Terms will be deemed a further or continuing waiver of such provision or any other provision, and any failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

15. Assignment

You may not assign or transfer these Terms or any rights granted hereunder, by operation of law or otherwise, without Giftree Brighton Ltd's prior written consent, and any attempt by you to do so without such consent will be null and of no effect. Giftree Brighton Ltd may assign or transfer these Terms or any rights granted hereunder without restriction or notification.

16. Third-Party Services

The Services may contain links to or integrate with third-party websites, applications, and services ("Third-Party Services") that are not owned or controlled by Giftree Brighton Ltd. Giftree Brighton Ltd does not endorse or assume any responsibility for any such Third-Party Services. If you access any Third-Party Services from the Services, you do so at your own risk and you agree that Giftree Brighton Ltd will have no liability arising from your use of or access to any Third-Party Services.

17. Export Control

You agree to comply with all applicable export and import control laws and regulations of the United Kingdom and other applicable jurisdictions, and not to transfer, export, or re-export directly or indirectly, any content, including software, provided through the Services to any country or destination prohibited by such laws and regulations.

18. Survival

The provisions of these Terms that by their nature should survive the termination of these Terms shall survive such termination, including but not limited to Sections 5 through 12.

19. Apps

  1. App Store Terms: You acknowledge that your use of the Services on the Apple App Store or Android App Store is subject to the terms and conditions of the respective app store. You agree to comply with all applicable terms and conditions of the app store and acknowledge that these terms and conditions are incorporated by reference into these Terms.
  2. App Store License: You acknowledge that the license granted to you under these Terms is limited to the right to use the Services as provided by Giftree Brighton Ltd and does not include any right to use the Services on the Apple App Store or Android App Store. You agree to comply with all applicable app store license terms and conditions.
  3. End User License Agreement: If Giftree Brighton Ltd provides an End User License Agreement (EULA) for the Services on the Apple App Store or Android App Store, you agree to comply with the terms and conditions of the EULA, which is incorporated by reference into these Terms.
  4. App Store Disclaimer: Giftree Brighton Ltd disclaims any and all warranties or liabilities related to the Services on the Apple App Store or Android App Store, and you acknowledge that Giftree Brighton Ltd has no responsibility for the availability, performance, or security of the Services on these platforms.
  5. App Store Review and Rating: If you choose to rate or review the Services on the Apple App Store or Android App Store, you agree to do so in compliance with the terms and conditions of the app store and in a manner that is accurate, truthful, and does not violate any applicable laws or regulations.

20. Cross-Sales and Promotions

  1. The User acknowledges and agrees that Giftree Brighton Ltd will provide cross-sales and promotional activities with third-party entities ("Partners"). These activities may offer the User and User customers the opportunity to engage with, purchase, or subscribe to products or services offered by Partners.
  2. In facilitating these cross-sales and promotional endeavors, the User expressly consents to the sharing of their business, their customer, and order information with Partners, solely for the purposes of order fulfillment, product delivery, and enhancing the User's experience with the Services and marketing related activities.

21. Data Utilization for Customer Sign-Up Simplification

  1. For the purpose of easing the process of User and User Customer sign-up on Partner platforms, Giftree Brighton Ltd may store Users' and User's customer data, including, but not limited to, personal information, contact details, address, and preferences, within the Giftree Brighton Ltd database infrastructure.
  2. By consenting to these Terms, the User grants Giftree Brighton Ltd the explicit authority to utilize such stored data to simplify the User's and User customer sign-up and authentication process on third-party platforms, leveraging Giftree Brighton Ltd's technology.
  3. The User and User Customers retains the right to opt-out of such data sharing and usage at any point. To exercise this right, the User shall contact Giftree Brighton Ltd via the designated support channels. Further information on data management practices is delineated in the Giftree Brighton Ltd Privacy Policy.

22. Responsibilities and Liabilities

  1. The User acknowledges that any transactions, interactions, or engagements with Partners through cross-sales or promotional activities are governed by the terms and conditions of the respective Partners. Giftree Brighton Ltd disclaims any liability for the products, services, or content provided by Partners.
  2. The User agrees to indemnify and hold harmless Giftree Brighton Ltd, its affiliates, officers, agents, and employees from any claim, demand, loss, damage, cost, or liability arising from the User's and User's Customer engagement in cross-sales or promotions or from the sharing or use of the User's and User's Customer data in accordance with these Terms.

23. Amendment of Terms

Giftree Brighton Ltd reserves the right to amend these Terms at any time to reflect changes to its cross-sales, cross-promotions, and data-sharing practices. Such amendments will be effective immediately upon posting the revised Terms on the Giftree Brighton Ltd website or notifying Users through other reasonable means. Continued use of the Services following such modifications constitutes the User's acceptance of the new Terms.

24. Contact Us

If you have any questions about these Terms or the Services, please contact us at support or Email

Thank you for using Giftree Brighton Ltd!