Terms and Conditions

Updated on the 26th of November 2024

This agreement is between you (the person using the Website/App, referred to as "You" or "User") and Festwaygift Infotech Private Limited, a company registered under the Companies Act.Please read these terms carefully before using our services. These terms outline the rules for using the Company’s website/app and its services, features, content, and tools. For simplicity, the Website and Mobile App are together called the "Platform."

1. Introduction

Thank you for visiting https://Festwaygift.com/ or using the Festwaygift mobile application (collectively referred to as "Festwaygift") – India’s largest gift card site. The Service is operated by Festwaygift Infotech Private Limited (“We”, “Us”, “Festwaygift”, or “Our”), which includes its legal heirs, representatives, administrators, permitted successors, and assigns. By using the various services available on the Festwaygift Platform (“Services”), you agree to the terms, guidelines, and supplemental terms for the Services that you use (collectively referred to as “Terms”), as well as Festwaygift’s commitment to enhancing every User's experience. Please read these Terms and Conditions (“Terms and Conditions” or “Agreement”) carefully, as they contain the legal terms you accept when using the services provided by us through our Website and App (collectively, the “Platform” or “Website”). We will notify registered members of significant changes to these Terms and Conditions by sending a notice to the email address provided during sign-up or by displaying a pop-up on our website/mobile application(s). Please visit this page periodically to review the most current version of the Agreement.

2. Privacy Statement

We are committed to keeping your information safe. Only authorized employees who need to know will have access to your information. We regularly check our systems and data to provide the best service possible to our customers.

3. Our Service

At Festwaygift Infotech Private Limited, we offer high-quality services designed to meet your needs and enhance your experience. We also provide Gift Cards, which are perfect for shopping, saving, or gifting. Our gift cards are easy to use and can be redeemed for a wide range of products or services. With our services, you gain access to exclusive offers and great savings. We’re committed to making your experience seamless and enjoyable. Choose us for reliable solutions and flexible options. Thank you for trusting Festwaygift Infotech Pvt. Ltd!

4. Terms of Sale

1. The platform is free to use for certain services. However, the company reserves the right to amend this policy at any time. 2. If a user chooses to avail themselves of a paid service, payment options may include one-time payments or monthly subscriptions. 3. All payments for services must be made in Indian Rupees (INR), and the platform does not support transactions in any other currency. 4. The company makes efforts to ensure that pricing and availability are accurate, but there may occasionally be errors. The company is not liable for typographical errors and reserves the right to cancel transactions or sales in such cases. 5. The company can correct pricing or product/service description inaccuracies even after an order is placed and can update or change information without prior notice. 6. Payments can be made via UPI, Card and Net Banking. These payments are processed through the company's payment service partners.

5. Content Responsibility and Usage

1. All content on the Platform, whether publicly posted or privately transmitted, is the sole responsibility of the individual who originated such content. The Company does not guarantee the authenticity of any content or data provided by users about themselves. You acknowledge that accessing any content via the Service is done at your own risk, and you are solely responsible for any damage or loss incurred by you or any other party as a result. The Company shall not be held liable for any damages or losses arising from such content.2. You acknowledge that any content or aggregated data provided by you may be accessed, transferred, or used by the Platform for the purpose of providing Services.3. For the purposes of these Terms of Use, "Content" refers to, but is not limited to, any location information, logos, images, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features that are generated, provided, or otherwise made accessible by the Company through the Service. Content added, created, uploaded, submitted, distributed, or posted by Users is collectively referred to as "User Submissions."4. User Submissions or advertisements promoting online gambling, lotteries, or games of skill that offer cash prizes (such as online casinos, sports betting, bingo, or poker games involving real money) are strictly prohibited unless prior written permission is obtained from the relevant authorities. Such permissions must be obtained before conducting any such activities.5. You agree that any Content or User Submission must not infringe on any third-party rights, including intellectual property rights, privacy rights, performer’s rights, etc. You are responsible for ensuring that all Content you submit complies with applicable laws and regulations.6. You shall comply with all applicable laws, ordinances, regulations, and codes relevant to the performance of your obligations under these Terms of Use.

6. Intellectual Property Violations

Content or User Submissions should not include any image, photograph, design, artwork, or other copyrightable works, trade names, or trademarks that may violate the intellectual property rights of any third party. You must obtain proper permission, authorization, or licenses for any third-party trademarks or copyrightable works before uploading them as Content.

7. Confidentiality

Client information and records may be shared with third parties, but they are kept confidential. We will only share records with our manufacturers/suppliers or if required by law. Clients can ask to see and get copies of their records with reasonable notice. We suggest clients keep copies of any documents related to the services we provide. When needed, we will give clients written information, handouts, or records as part of an agreed contract.

7. Copyright and Trademarks

1. All content available on the Platform, including text, images, videos, graphics, logos, software, and other materials (collectively, the "Content"), is owned by Festwaygift Infotech Private Limited or its licensors and is protected by copyright laws. The Content is made available to you solely for your personal, non-commercial use. You may not copy, reproduce, distribute, transmit, display, modify, or create derivative works of any part of the Content without prior written consent from the Company.
2. The trademarks, service marks, logos, and trade names (the "Trademarks") featured on the Platform, including but not limited to "Festwaygift," are owned by Festwaygift Infotech Private Limited. You may not use, copy, display, or distribute any of these Trademarks without obtaining prior written consent from the Company.1. You must not copy, share, display, perform, distribute (for profit or otherwise), modify, store, or otherwise use the Platform or any of its components without permission.2. You must not delete or alter any content, including legal notices, disclaimers, copyright, or trademark symbols, unless you own them or have explicit permission to do so.3. You must not make false or harmful statements against the Platform, its Services, or the Company.

Unlawful and Harmful Use:

1. You must not use the Platform or Services for any illegal purpose or in a way that violates these Terms of Use.2. You must not engage in hacking, inserting malicious code, viruses, or harmful data into the Platform, any Services, or any operating system.

Disruptive Behavior:

1. You must not participate in any antisocial or harmful activities such as "flaming," "spamming," "flooding," "trolling," "phishing," or "grieving," as commonly understood on the internet.2. You must not use the Platform in a way that could harm, disable, overburden, or compromise the Platform’s systems, security, or interfere with other users.

Reverse Engineering:

1. You must not attempt to reverse-engineer any hardware or software underlying the Platform or any part of it.

Compliance with Laws:

1. You must comply with all applicable laws and regulations related to downloading, using, or exporting the technology supported by the Platform.2. You must not use the Platform in any country where such use is prohibited by law.

8. Copyright Policy

Our company respects the intellectual property rights of others and expects users of our site to do the same. To comply with copyright law, we have implemented a policy that removes infringing content and terminates the accounts of users who repeatedly violate intellectual property rights, including copyrights. If you believe that a user is infringing on your copyrighted work through our site and wish to have the infringing material removed, please provide the following information in a written notice to our designated Copyright Agent.

9. Third Party Sites and Service

The Company acts as an intermediary between retailers, customers, and distributors. The Service may offer links to third-party websites, services, or resources, and third parties may also link back to the Platform. When you click on these links, you do so at your own risk. The Company does not control these external sites, and you agree that it is not responsible for their content, features, accuracy, legality, or any other aspects. Including such links does not mean the Company endorses or relates to these third parties. You also acknowledge that the Company is not liable for any damage or loss resulting from your use of, or reliance on, any content, products, or services accessed through these third-party websites or resources.

10. Prohibited Products and Services

1. Goods or services that are illegal, restricted, or banned by law, including drugs, controlled substances, counterfeit products, or stolen items.2. Firearms, ammunition, explosives, fireworks, or any other hazardous items requiring special permits.3. Pornographic material, explicit content, or services related to adult entertainment.4. Scams, pyramid schemes, or any deceptive services designed to defraud or mislead users.5. Unauthorized loans, money transfers, unregistered cryptocurrency services, or any financial products without the necessary licenses.6. Content or products that promote violence, hate, or discrimination based on race, religion, gender, or other protected traits.7. Unlicensed gambling services, lotteries, sports betting, or similar activities that violate applicable laws.8. Items that infringe on copyrights, trademarks, or intellectual property, including fake goods, pirated software, or unauthorized media.9. Alcohol, tobacco, vaping products, or other regulated substances are not compliant with legal restrictions.10. Services requiring special licenses or permits, such as medical advice, legal services, or financial consultancy without proper authorization.11. Products or services related to the exploitation of animals, including illegal wildlife trade, or any goods derived from endangered species.12. Materials or services that promote terrorism, violence, or unlawful conduct, including items related to hate groups or extremist organizations.13. Software, applications, or tools that enable unauthorized access to networks, systems, or data, including hacking tools and malware.14. Goods or services related to impersonating others, identity theft, or phishing schemes aimed at stealing personal information.15. Products or services that claim to offer unverified or unauthorized medical treatments, cures, or remedies without proper regulatory approval.16. Sale or promotion of synthetic drugs, designer drugs, or any unregulated psychoactive substances.17. Products or services related to subscription models that are unlicensed, misrepresented, or unauthorized, including illegal streaming or content access.18. Services that involve the unlawful collection, sale, or distribution of personal data or violate data privacy laws.19. Products or services that exploit vulnerable people, including children, the elderly, or individuals with disabilities, for financial gain or other purposes.20. Products or services that make unsubstantiated health claims, including weight-loss supplements or fitness equipment without scientific evidence or approval from relevant authorities.

11. Disclaimer and Limitation of Liability

By using the services of Festwaygift, including our gift card offerings, you acknowledge and agree to the following terms:1. Service Availability: While we strive to provide seamless and uninterrupted access to our platform, Festwaygift does not guarantee that the services will always be error-free, timely, or available without interruptions. We are not liable for any temporary service disruptions, downtime, or system failures.2. Gift Card Use: Festwaygift provides gift cards as a convenience to users. However, we do not guarantee the availability of specific products or services for redemption, and gift cards cannot be refunded, replaced, or redeemed for cash, unless required by law.3. Limitation of Liability: To the fullest extent permitted by applicable law, Festwaygift and its affiliates will not be liable for any indirect, incidental, special, or consequential damages arising out of the use or inability to use our services or gift cards, including but not limited to loss of profits, data, or other intangible losses.4. No Warranty: Festwaygift does not provide any warranties, expressed or implied, regarding the accuracy, reliability, or completeness of the content or services provided on the platform, including the gift cards.5. User Responsibility: You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. Festwaygift will not be liable for any loss or damage arising from unauthorized access or use of your account.

12. Communication

All communications between you and the Company are conducted electronically, whether you use the Site, send us emails, or receive notices from us on the Site or via email. For contractual purposes, you (a) consent to receiving communications from the Company in electronic form; and (b) agree that all terms, agreements, notices, disclosures, and other communications provided electronically by the Company fulfill any legal requirements that would apply if they were in physical written form.

13. Indemnity

By using the services, including purchasing or redeeming gift cards, you agree to indemnify, defend, and hold harmless the company, its affiliates, partners, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from:1. Your Use of Services: Any misuse or unlawful use of the platform, services, or gift cards, including but not limited to unauthorized access or transactions.2. Violation of Terms: Any breach of the Terms and Conditions, including misuse of gift cards, violation of intellectual property rights, or other actions that result in harm to the company or its users.3. Third-Party Claims: Any claims brought against the company by third parties because of your actions on the platform, including fraud, misrepresentation, or violations of applicable laws or regulations.4. Disputes with Third Parties: Any disputes or issues arising from your interactions with third-party vendors, merchants, or other users related to the use of gift cards or any services provided.

14. Modifications to Terms

Festwaygift reserves the right to update or modify these Terms at any time. Changes will be posted on our website. Your continued use of the Card after changes are posted constitutes your acceptance of the new Terms.

15. Privacy and Data Protection

Your personal information is handled in accordance with our Privacy Policy, available on our website. We collect and use your data to provide services and comply with legal requirements.

16. Miscellaneous

1. Severability: If any part of these Terms is found to be invalid, the remaining provisions will continue to be in effect.2. Entire Agreement: These Terms constitute the entire agreement between you and Festwaygift regarding the use of the Card.

17. Governing Law

These Terms and Conditions shall be governed by, and construed in accordance with, the laws of India. Both parties agree that any legal action or proceeding arising out of or relating to these Terms and Conditions must be commenced within one (1) year after the cause of action arises; otherwise, such cause of action will be permanently barred.Any disputes between the parties regarding these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts in Noida, India.In the event of any dispute, the parties agree to attempt to resolve the issue through good faith negotiations. If the dispute cannot be resolved amicably, it shall be settled by binding arbitration, conducted in accordance with the rules of the Indian Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator appointed in accordance with the Arbitration Rules, and the language of the arbitration shall be English. The place of arbitration shall be Noida, India.Notwithstanding the above, the parties agree that the right to seek interim or provisional relief, including but not limited to injunctive relief or a restraining order, from a court of competent jurisdiction may be exercised, either prior to or during the arbitration process.

18. Contact Information

If you have any questions or need assistance, please contact us:1. Email: support@Festwaygift.com