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Welcome to Gifted by Jel! The terms "we", "us" and "our" refer to Gifted by Jel. Gifted by Jel operates this store and website, including all related information, content, features, tools, products and services to provide you, the customer, with a customised shopping experience (the "Services"). Gifted by Jel is powered by Shopify, which enables us to deliver the Services to you. The terms and conditions below, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when using the Services. Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability. By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us permission to allow any minor dependents of yours to use the Services on devices you own, purchase or manage. To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, delivery address and payment details. You represent and warrant that all information you provide in our stores is accurate, current and complete and that you have all rights necessary to provide such information. You are solely responsible for the security of your account login credentials and for all activity on your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to display our products and services accurately in our online stores. However, please note that colours or the appearance of products may differ from how they appear on your screen, depending on the type of device you use to access the store and your device's settings and configuration. We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be the same as depicted or provided in our online stores. All product descriptions may be changed at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products we offer to any person, geographic region or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Gifted by Jel reserves the right to accept or decline your order for any reason at its sole discretion. Your order is not accepted until Gifted by Jel has confirmed acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Gifted by Jel may not be able to process cancellation requests once an order has been accepted. In the event we do not accept, modify or cancel an order, we will endeavour to notify you by contacting the email address, billing address and/or phone number provided when placing the order. Your purchases may only be returned or exchanged in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICING AND BILLING

Prices, discounts and promotions may change without prior notice. The price charged for a product or service is the price in effect at the time the order is placed and will be stated in your order confirmation email. Unless expressly stated otherwise, listed prices exclude taxes, shipping and handling charges, and customs or import duties. Prices in our online stores may differ from prices in physical stores or in online stores operated by third parties. We may from time to time offer promotions on the Services that may affect pricing and that are subject to terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will apply. You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you if necessary. You also represent and warrant that (i) the credit card information you provide is truthful, accurate and complete, (ii) you are duly authorised to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the listed prices, including shipping and handling charges and all applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing or events beyond our control. Once we transfer the products to the carrier, title and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, marks, text, displays, images, graphics, product controls, video and audio, and the design, selection and arrangement thereof, are owned by Gifted by Jel, its affiliates or licensors and are protected by patent, copyright and other intellectual property laws. These Terms permit you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written permission. Unless expressly stated otherwise herein, nothing in these Terms grants you a licence or other rights under any patent, trademark, copyright or other intellectual property of Gifted by Jel, Shopify or any third party. Unauthorised use of the Services may constitute a violation of intellectual property laws. All rights not expressly granted herein are reserved to Gifted by Jel. The names, logos, product and service names, designs and slogans of Gifted by Jel are trademarks of Gifted by Jel or its subsidiaries or licensors. You may not use such trademarks without prior written permission from Gifted by Jel.

SECTION 7 - OPTIONAL TOOLS

You may have access to customer tools offered by third parties as part of the Services, over which we have no control or input. You acknowledge and agree that we provide access to such tools "as is" and "as available", without warranties, representations or conditions of any kind and without any endorsement. We have no liability arising from or related to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms under which tools are provided by the relevant third-party providers. We may also offer new features through the Services in the future. Such new features shall also be deemed part of the Services and subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of materials or third-party websites you choose to access. If you decide to leave the Services to access these third-party materials or sites, you do so at your own risk. We are not liable for any damages in connection with your access to third-party websites, or your purchase or use of products, services, resources or content on third-party websites. Please carefully review the policies and practices of any third party and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Gifted by Jel is powered by Shopify, which enables us to deliver the Services to you. However, all sales and purchases you make in our Store are made directly with Gifted by Jel. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of a sale between you and Gifted by Jel, including any injury, damage or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising out of or related to your purchases and transactions with Gifted by Jel.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read this privacy policy. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise send ideas, suggestions, feedback, reviews, proposals, subscriptions or other content (collectively "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use. You also represent and warrant that (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your Feedback; and (iii) your Feedback complies with these Terms. We are not obligated to (1) treat your Feedback as confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback. You agree that your Feedback does not infringe any third-party rights and contains no defamatory or otherwise unlawful, offensive or obscene content. You are solely responsible for all Feedback you provide and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information is incorrect, at any time without prior notice.

SECTION 13 - PROHIBITED USE

You may only visit and use the Services for lawful purposes. You are not permitted to access or use the Services directly or indirectly (a) for unlawful or malicious purposes; (b) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (c) to infringe upon or violate our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, intimidate or cause harm to our employees or other persons; (e) to submit false or misleading information; (f) to upload or transmit material that does not comply with these Terms; (g) to send advertising or promotional material, including "junk mail", "chain letters" or "spam"; (h) to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use of the Services. You also agree not to: (a) upload or transmit viruses or other malicious code; (b) reproduce, duplicate, copy, sell or resell any part of the Services; (c) collect or track the personal information of others; (d) spam or phish the Services; (e) use robots, spiders, scraping tools or automated means to access the Services; or (f) circumvent or bypass any security or authorisation features. We reserve the right to suspend or terminate your account at any time without prior notice if you have violated any part of these Terms.

SECTION 14 - AGENTS

14.1 This section ("Agent Terms") applies if you use, permit, enable or allow an Agent to access, use or interact with the Services. "Agent" means any software or service that acts autonomously or semi-autonomously on behalf of or at the direction of a person or entity.

14.2 An Agent may not access, use or interact with the Services unless it identifies itself at all times and acts in strict compliance with the requirements in section 14.4. Furthermore, an Agent may not access, use or interact with the Services if we have requested that the Agent refrain from accessing them.

14.3 We may restrict, including by technical measures, whether and how an Agent accesses, uses and interacts with the Services.

14.4 Agents must: (i) indicate in all HTTP/HTTPS requests that the request originates from an Agent; (ii) not conceal or obscure that access, use or interactions originate from an Agent; (iii) truthfully respond to questions or prompts intended to determine whether interactions originate from a human or a computer; (iv) not circumvent or otherwise avoid any measures intended to block, restrict, modify or monitor whether and how Agents access, use or interact with the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services at any time at our sole discretion and without prior notice, and you remain liable for all amounts due up to and including the date of termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. UNLESS EXPRESSLY STATED BY GIFTED BY JEL, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

SECTION 17 - LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GIFTED BY JEL, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, MISSED SAVINGS, LOSS OF DATA OR REPLACEMENT COSTS.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Gifted by Jel, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against all losses, damages, liabilities or claims, including reasonable legal fees, arising out of or resulting from (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is found to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, without affecting the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and all policies posted by us on this site constitute the entire agreement between you and us and govern your use of the Services.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign this Agreement or your rights or obligations under these Terms without our prior written consent. We may transfer, assign or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 - GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the applicable laws of the jurisdiction in which Gifted by Jel is established.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service at our sole discretion. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at contact@giftedbyjel.com