Gifts to the Future Terms and Conditions

Effective Date: May 25, 2018
Welcome to GiftstotheFuture.com’s Terms and Conditions!

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN CRUCIAL INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, LIMITATIONS AND EXCLUSIONS.

This User Agreement (this “Agreement”) is a contract between you (“you”, “User”, “Sender”, “Customer”,) and Gift Depo SRL (“Gifts To The Future,” “we,” or “us”). Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

You must read, agree to, and accept all of the terms and conditions contained in this Agreement to be a User of our website located at www.giftstothefuture.com or any part of the rest of the site or the site services (defined on the Site Terms and Conditions)

This Agreement includes and hereby incorporates by reference the following important agreements, as they may be in effect and modified periodically: Site Terms and Conditions; Cookie Policy; Privacy Policy; These agreements are collective, with this Agreement, called the “Terms and Conditions”.

Subject to the conditions set forth herein, Gifts To The Future may, in its sole discretion, amend this Agreement and the other Terms and Conditions at any time by posting a revised version on the Website. Gifts to the Future will provide reasonable advance notice of any amendment by posting the updated Terms and Conditions on the Site, providing notice on the Site, and/or sending you to notice by email. Any revisions to the Terms and Conditions will take effect on the noted effective date (each, as applicable, the “Effective Date”).

BY USING THE SITE OR SITE SERVICES AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS. YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES AFTER THE EFFECTIVE DATE EXCEPT AS PERMITTED BY THE SITE TERMS AND CONDITIONS IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS IN ITS ENTIRETY.

TABLE OF CONTENTS

1. GIFTS TO THE FUTURE ACCOUNTS

Section 1 defines what you must agree to before using the Site or Site Services, as detailed below.

1.1 REGISTRATION AND ACCEPTANCE

By clicking to accept the Terms of Service when prompted on the Site, by registering for an account to use the Site or Site Services you agree to abide by this Agreement and the other Terms and Conditions.

You must register for an Account to access and use certain portions of the Site and the Site Services. Subject to the Site Terms and Conditions, certain portions of the Site are available to Site Visitors, including those portions before your Account registration is accepted. We reserve the right to decline a registration to join Gifts To The Future for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.

You can only create an Account as a natural person, representing yourself as an individual. Our Site Services are not addressed to a company, entity or organization.

1.2 ACCOUNT ELIGIBILITY

Gifts To The Future offers the Site and Site Services for personal purposes only and not for business use. To register for an Account or use the Site and Site Services, you must, and hereby represent that you

(a) are a natural person and you represent yourself only;

(b) will use the Site and Site Services for personal purposes only;

(c) will comply with any and all regulations provided hereby

(d) are an individual 18 years or older or have otherwise reached the age of majority in the jurisdiction where you reside

To register for an Account to join our Site, you must complete a User profile (“Profile”), You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location, the Recipient/Next Of Kin and any required details for the service and to correct any such information that is or becomes false or misleading.

The clarity and quantity of information provided are essential for the completion of your Project and for a successful delivery.

When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of the Sender. You authorize Gifts To The Future, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address, subject to applicable law.

When you register for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password and agree not to share your username or password with any person who is not authorized to use your Account. You authorize Gifts To The Future to assume that any person using the Site with your username and password, either is you or is authorized to act on your behalf. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or login with the username and password of another User of the Site if

(a) you are not authorized to use either or

(b) the use would violate the Terms of Service.

Gifts To The Future staff will never ask for your Account Password.

The Security Protocol Password will be accessible by Gifts To The Future Staff and will be used for identification and confirmation purposes.

The purpose of the Security Protocol Password is to offer you (or your representative) the possibility to alter, modify or cancel the delivery of a Gift or Letter, to a Recipient/Next of Kin, for specific reasons.

When registering for an account you will be asked to choose a Security Protocol Password. You are entirely responsible for safeguarding and maintaining the confidentiality of the Security Protocol Password. This password is used mainly to cancel the delivery of a Gift or Letter and will be asked by our staff when (a) we contact you or  (b) we are contacted by you or any person acting on your behalf.

By disclosing the Security Protocol Password to any third person you irreversibly transfer, to that specific person, the right to determine the cancellation or alteration of delivery.

Subject to our sole discretion we may perform extra verification inquiries of a third person that holds a Security Protocol Password for an ongoing Project.

When you use our Services, you will be asked to provide us with a Recipient and his contact details including but not limited to name, date of birth, address, telephone number, e-mail address, social media accounts URL.

The Recipient represents the final receiver of your Gift or Letter.

We understand that locating the Recipient at a future date may be challenging thus we encourage you to promptly update any changes of the contact details. The final delivery is depending on the clarity and quality of information provided. Gifts To The Future will take reasonable actions in locating the Recipient on your behalf, by using the information provided by you for the purpose of locating the Recipient before the final delivery due date.

Upon Final Delivery, represented legally by the “confirmation of delivery” document issued by the Postal Carrier, the Right of Property and the legal responsibilities for that specific Gift or Letter is transferred to the Recipient.

You acknowledge, agree, and understand that by providing us with the contact details of your Recipient, you consent for Gifts To The Future to (a) use all the information provided by you and (b)contact thru all available channels the Recipient, for the purpose of identifying, locating and sending your Gift or Letter to the Recipient.

We encourage you to read the Privacy Policy for more details about the protection of data.

Gifts To The Future takes considerable effort in keeping your Gift or Letter a surprise until final delivery, by prioritizing on the essential information provided and minimizing the communication with the Recipient/Next Of Kin, however, some situations may require additional inquiries and may vary due to unforeseen circumstances.

When you use our Services, you will be asked to provide us with a Next Of Kin and his contact details including but not limited to name, date of birth, address, telephone number, e-mail address, social media accounts.

The Next Of Kin represents a relative or a close friend of the Recipient.

We understand that locating the Recipient at a future date may be challenging thus sometimes we may need some extra help. The Next Of Kin may be contacted for inquiries about the Recipient location or status. The final delivery is depending on the clarity and quality of information provided by you and the Next Of Kin (when required). Gifts To The Future will take reasonable actions in locating the Recipient on your behalf, by using the information provided by you and The Next of Kin, for the purpose of locating the Recipient before the final delivery due date.

Upon final delivery, represented legally by the “confirmation of delivery” document issued by the Postal Carrier, the right of property for that specific Gift or Letter is transferred to the Recipient.

You acknowledge, agree, and understand that the Next Of Kin may be the beneficiary of a Gift or Letter if(a) the intended Recipient is unreachable, (b) the intended recipient refuses the delivery of that specific Gift or Letter, (c) the intended Recipient is unable to represent himself due to mental or physical impairment, (d) the intended Recipient’s status, condition or location makes the delivery impossible, including and not limited to medical condition, imprisonment, change of identity, witness programs, death, natural disasters, armed conflicts, Postal Carrier disruptions.

In such cases, upon final delivery, represented legally by the “confirmation of delivery” document issued by the Postal Carrier, the Right of Property and the legal responsibilities for that specific Gift or Letter is transferred to the Next Of Kin.

 

You acknowledge, agree, and understand that by providing us with the contact details of a Next Of Kin, you consent for Gifts To The Future to (a) use all the information provided by you and (b)contact thru all available channels the Recipient/Next of Kin, for the purpose of identifying, locating and sending your Gift or Letter to    the Recipient or the Next Of Kin.

We encourage you to read the Privacy Policy for more details about the protection of data.

Gifts To The Future takes considerable effort in keeping your Gift or Letter a surprise until final delivery, by prioritizing on the essential information provided and minimizing the communication with the Recipient/Next Of Kin, however, some situations may require additional inquiries and may vary due to unforeseen circumstances.

1.9 SENDER

By purchasing a Service on our site you become the beneficiary of that specific Project of sending a Gift or Letter to the future. Your Project can be identified by the unique AWB number that you receive once the payment is processed and confirmed.

The Sender represents the transmitter of a Gift or Letter.

You acknowledge, agree, and understand that (a) it is the sole responsibility of the Sender to transmit the Gift or Letter to us for safekeeping by means of Postal Carriers; (b) the selection of a Postal Carrier used to transmit the Gift or Letter to us, is at your sole discretion; (c) Gifts To The Future does not make recommendations for the Posta Carrier that you choose nor takes responsibility for any loss, damage or unwanted condition of the Item during transportation; (d) any and all costs with regards to sending the item to us are supported by you entirely; (e) Gifts To The Future will not be held liable for any transportation costs or claims, nor it will mediate any claims between you and the Postal Carrier; (f) until the delivery of the Item to us, all claims or requests regarding the Item including and not limited to refunds, status updates, insurance claims, complaints or legal proceedings, have to be addressed to the Postal Carrier.

You acknowledge, agree, and understand you hold all legal responsibilities for the content of your Gift or Letter including but not limited to legal compliance, restrictions, Prohibited or Restricted goods.

The Right of Property and the legal responsibilities for the Gift or Letter that you send to us remains with you until the final delivery.

You acknowledge, agree, and understand that by sending your Gift or Letter to us, you yield the Custodial Rights for that specific item to Gifts To The Future, for the period selected by you.

 

 

For the “Type A Letter” service, once the process of writing the letter is complete, and the payment is done, sending the item thru post is not necessary as the Letter will be stored electronically until physical delivery due date.

When sending the Item to our address you must provide us with the project AWB number in order to identify the Item and allocating it to your Project.

We encourage you to check the status of your Gift or Letter on your profile page as further details may be needed from you or further actions may be necessary.

2. PURPOSE OF GIFTS TO THE FUTURE

Section 2 discusses what Gifts To The Future does and does not do when providing the Site and Site Services and some of your responsibilities when using the Site and the Site Services

The Site is a platform used to send Gifts and Letters to a specific Recipient/Next of Kin at a preselected future date.

The Site Service requires that the Gift or Letter intended for safekeeping is initially sent to us, at your own expense.

Subject to the Terms of Service, Gifts To The Future provides the Site Services to Users, including hosting and maintaining the Site, providing you with the means of sending a Letter, Typing a Letter or sending a Gift to a future date.

GIFTS TO THE FUTURE DOES NOT REPLACE NOR DOES INTEND TO REPLACE THE SAFETY DEPOSIT BOX OPTION, FOR STORAGE OF MATERIAL VALUABLES.

Please note that the service is addressed mainly to satisfy the need for continuity of one individual focusing on the emotional value of the Item sent.

For storage of material valuables, we encourage you to use other means available in the market.

Gifts To The Future will store the Gift(s) and/or Letter(s) on your behalf and deliver it, at the preselected date, to the Recipient or Next Of Kin.

2.1 RELATIONSHIP WITH GIFTS TO THE FUTURE

Gifts To The Future provides the service of sending your Gift or Letter to a pre-selected Recipient or Next Of Kin, at a pre-selected date.

You acknowledge, agree, and understand that Gifts To The Future is not liable for the effects produced by you using our Service. Without limitation, Users are solely responsible for (a) the effects resulted from using the Service including but not limited to financial, medical, emotional, social, political or legal to the Recipient/Next Of Kin or to any other third party, (b)the integrity, quality condition, legality, of a Gift or Letter sent for storage, (c) the selection of the Postal Carrier that you choose when sending your Gift or Letter to Gifts To The Future, (d) the packing of the Gift or Letter for the purpose of being transported by the Postal Carrier in proper conditions (undamaged), (e) copyright compliancy of the Gift or Letter sent to us for safekeeping. You further acknowledge, agree, and understand that you are solely responsible for assessing whether the Gift or a Letter is suitable and likely to produce the desired effects. Gifts To The Future does not make any representations about or guarantee the truth or accuracy of the information that you send by using our Service. You acknowledge, agree, and understand that Gifts To The Future will perform security checks for the items including but not limited to x-ray scanning, postal information and tracking and any other inquiry needed for the safety and security standards required by law and by our internal protocol.

Gifts To the Future reserves the right to decline the storage of an Item if (a)the item does not fit the requirements in length, width, weight or size, (b) does not meet the safety and security standards required, (c) the contents of the item may be illegal or be subject to legal action, (d) due to its content, may affect the storage of other items, (e) for any other reasonable motif.

You also acknowledge, agree, and understand that Users are solely responsible for selecting the Item, date of delivery, the content of Gifts and Letters, and have the sole right to determine the cancellation or alteration of a delivery to a Recipient/ Next of Kin.

By disclosing the Security Protocol Password to any third person you irreversibly pass the right to determine the cancellation or alteration of delivery, to that person.   

2.2 TAXES AND BENEFITS

You acknowledge, agree, and understand that you are solely responsible (a) for all tax liability associated with the import or export of a Gift, (b) to write the description of “GIFT” on the parcel for tax exemption (subject to border authority assessment and decision); (c) ensure that the market value of the Item sent coincides with the declared value to the Postal Carrier; (d) for all VAT liability associated with the import or export of the Gift;

3. SERVICES

Section 3 discusses the services available and the mandatory steps required to deliver an Item to the future.

By following the steps provided an item can be stored in our storage facility for delivery to a recipient at a future preselected date. An Item can only be accepted for storage if the required payment has been performed and all the conditions and requirements stated hereby have been met.

Please note that your location, Postal Carrier’s logistical limitations, and other unforeseen circumstances may affect the Final Delivery Date to a Recipient. Gifts To The Future makes all efforts in collaboration with the Postal Carrier to ensure delivery on the selected Delivery Date, however, this may not be always possible.

In the unlikely event of Sender, Recipient and Next Of Kin not being reachable, the item will be sent at the original Sender’s address.

3.1 SENDING GIFT(S) TO THE FUTURE

The user acquires the Item intended for delivery and:

 

  1. Verifies the item is in conformity with the international List of Exclusions;
  2. Selects a Postal Carrier;
  3. Verifies that the Item is in conformity with the Selected Postal Carrier list of Prohibited and Forbidden items;
  4. Logs into giftstothefuture.com;
  5. By means of the Site Mandatory Fields available, User provides Gifts To The Future with the required information to make a future delivery possible. All mandatory fields have to be completed clearly and correctly. Description of the item must be explanatory and exhaustive.
  6. Options: User can select a variety of options including delivery date, Recipient/Next Of Kin, a small free text card; Recipient must be other than the Next Of Kin.
  7. Performs the Payment and receives an e-mail confirmation of the Payment and an AWB number;
  8. Prints the address on the confirmation of payment, including the AWB number, selects a Postal Carrier.
  9. Sends the Gift to us with the printed or written address and AWB securely attached to the parcel;

 

Subject to the item fitting all requirements Gifts To The Future will provide the further provide the following steps of the service:

  • Verification:

Due to safety, security or legal reasons, some, all extra verification steps may be required.

  • Check that the item is in conformity with the List of Exclusions by means of x-ray scanning and other appropriate means;
  • Verify the Item is corresponding with the selected options of weight, size;
  • Rebills to you any discrepancies found;
  • Provided that the Item corresponds to all requirements, the Gift will be accepted for storage;
  • Storage:
    • Item will be stored in owned or subcontracted facilities;
    • Due to the long periods of storage, Gifts To The Future will make all necessary efforts to maintain the items in good conditions, however, irrespective of our efforts, a certain aging of the items may appear;
    • Gifts To The Future Staff will regularly monitor and maintain the temperature and humidity of the storage facilities;
  • Delivery:

Close to the delivery date, Gifts To The Future will

  • Contact you to remind you about the upcoming delivery and update the delivery address of the Recipient;
  • May contact Recipient (using some or all available channels) to inquire about status and delivery address;
  • May contact the Next of Kin (using some or all available channels) to inquire about status and delivery address of the Recipient;
  • Send the Gift to the confirmed address by means of our selection of a Postal Carrier;
  • Register the confirmation of final delivery in our database and close Project;

3.2 SENDING LETTER(S) TO THE FUTURE

The user acquires the Item intended for delivery and:

 

  1. Verifies the item is in conformity with the international List of Exclusions;
  2. Selects a Postal Carrier;
  3. Verifies that the Item is in conformity with the Selected Postal Carrier list of Prohibited and Forbidden items;
  4. Ensures that the Item does not exceed one kg;
  5. Logs into giftstothefuture.com and selects the I HAVE MY LETTER PREPARED button;
  6. By means of the Site Mandatory Fields available, User provides Gifts To The Future with the required information to make a future delivery possible. All mandatory fields have to be completed clearly and correctly.
  7. Options: User can select a variety of options including delivery date, Recipient/Next Of Kin. Recipient must be other than the Next Of Kin.
  8. Performs the Payment and receives an e-mail confirmation of the Payment and an AWB number;
  9. Prints the address on the confirmation of payment, including the AWB number, selects a Postal Carrier.
  10. Sends the Letter to us with the printed or written address and AWB securely attached to the Letter;

 

Subject to the item fitting all requirements Gifts To The Future will provide the further provide the following steps of the service:

  • Verification:

Due to safety, security or legal reasons, some, all extra verification steps may be required.

  • Check that the Item is in conformity with the List of Exclusions by means of x-ray scanning and other appropriate means;
  • Verify the Item is corresponding with the selected options of weight, size;
  • Provided that the Item corresponds to all requirements, the Letter will be accepted for storage;
  • Storage:
    • Item will be stored in owned or subcontracted facilities;
    • Due to the long periods of storage, Gifts To The Future will make all necessary efforts to maintain the items in good conditions, however, irrespective of our efforts, a certain aging of the items may appear;
    • Gifts To The Future Staff will regularly monitor and maintain the temperature and humidity of the storage facilities;
  • Delivery:

Close to the delivery date, Gifts To The Future will

  • Contact you to remind you about the upcoming delivery and update the delivery address of the Recipient;
  • May contact Recipient (using some or all available channels) to inquire about status and delivery address;
  • May contact the Next of Kin (using some or all available channels) to inquire about status and delivery address of the Recipient;
  • Send the Letter to the confirmed address by means of our selection of a Postal Carrier;
  • Register the confirmation of final delivery in our database and close Project;

3.3 SENDING E-LETTER(S) TO THE FUTURE (TYPE A LETTER)

The user may type a Letter on our Site without being required to send a printed version to us. By using these service Users may:

 

  1. Select a work desk (available only for visual enhancement and for creating a mood and comfort, and to encourage you to write);
  2. Select a wax seal color;
  3. Select a color for the paper that we will use for printing;
  4. Select a Font to be used;
  5. By means of the Site Mandatory Fields available, User provides Gifts To The Future with the required information to make a future delivery possible. All mandatory fields have to be completed clearly and correctly. The user can select a variety of options including delivery date, Recipient/Next Of Kin. Recipient must be other than the Next Of Kin.
  6. Type the letter;
  7. Performs the Payment and receives an e-mail confirmation of the Payment and an AWB number;

 

Gifts To The Future will provide some or all the following steps of the service:

  • Storage:
    • Item will be stored electronically in our database;
  • Delivery:

Close to the delivery date, Gifts To The Future will:

  • Print the Letter using the selected paper, wax seal, and font;
  • Due to its private nature, Gifts To The Future will limit the access to your material and seal the envelope with wax as soon as possible;
  • Contact you to remind you about the upcoming delivery and update the delivery address of the Recipient;
  • May contact Recipient (using some or all available channels) to inquire about status and delivery address;
  • May contact the Next of Kin (using some or all available channels) to inquire about status and delivery address of the Recipient;
  • Send the Letter to the confirmed address by means of our selection of a Postal Carrier;
  • Register the confirmation of delivery in our database and close Project;

4. PAYMENT TERMS

Section 4 discusses your agreement to pay for the service and describes how the payment is done, what happens if a Sender doesn’t pay, and related topics, as detailed below.

Users pay Gifts To The Future for the service of (a) receiving, processing, storing and delivering a Gift, (b) receiving, processing, storing and delivering a Letter;

4.1 PAYMENT OPTIONS

Gifts To The Future provides Credit/Debit Cards payment options and PayPal services to Users for the payment of our selected Services.

Gifts To The Future does not store any Credit/Debit Card Data and the staff of Gifts To The Future will never ask you for the details of your card.

The use of Payments Methods provided above may be limited by applicable law or by written agreement with your financial institution, Gifts To The Future is not liable to any Sender if Gifts to the future does not complete a transaction as a result of any such limit, or if a financial institution fails to honor any credit or debit to or from an account associated with such Payment Method. Gifts To The Future will make commercially reasonable efforts to work with any such affected Senders to resolve such transactions in a manner consistent with this Agreement and any applicable European Law or Regulation.

4.2 REBILLING

Gifts To The Future will assess any Item received and will verify conformity against the preselected options of your project. If discrepancies are found, the difference of fees will be rebilled accordingly.

Acceptance for storage of an Item is conditioned by the payment of the difference bill.

In some situations, subject to availability, the Sender may have the option to increase the storage period by cancelling a delivery and postponing the delivery date.

4.3 NON-PAYMENT

Gifts To The Future will assess any Item received and will verify conformity against the preselected options of your project. If discrepancies are found, the difference of fees will be rebilled accordingly.

Acceptance for storage of an Item is conditioned by the payment of the difference bill.

In some situations, subject to availability, the Sender may have the option to increase the storage period by canceling a delivery and postponing the delivery date.

4.4 CANCELING A DELIVERY

The delivery of a Gift or Letter can be canceled only by providing the Security Protocol Password to the Gifts To The Future staff, in writing or by other means of communication. Following the cancellation, the Gift or Letter will be returned to Sender and Gifts To The Future will hold the processing fees, taxes, bank fees, and Postal Carrier costs. The remaining amount will be returned to Sender at a specified account. The amount hold may depend on the period of storage already passed.

4.5 VAT AND OTHER TAXES

Gifts To The Future may be required by applicable law to collect taxes. In such instances, any amounts Gifts To The Future is required to collect for the payment of any such Taxes shall be collected in addition to the fees owed to Gifts To The Future under the Terms and Conditions.

4.6 EURO AND FOREIGN CURRENCY CONVERSION

The Site and the Site Services operate in Euro. If the Sender’s Payment Method is denominated in a currency other than EURO and requires currency conversion to make payments in EURO, the Payment Method may convert your currency into Euro and conversion rates may apply. These foreign currency conversion rates adjust regularly based on market conditions Client, at its sole discretion and risk, may authorize the charge or debit of its Payment Method in a supported foreign currency and the conversion of the payment to Euro at the foreign currency conversion rate communicated by the Payment Method provider.

5. WARRANTY DISCLAIMER

Section 5 discusses your agreement and understanding that the Site and Site Services may not always be available or work perfectly, as detailed below.

YOU AGREE NOT TO RELY ON THE SITE, THE SITE SERVICES, ANY INFORMATION ON THE SITE OR THE CONTINUATION OF THE SITE. THE SITE AND THE SITE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. GIFTS TO THE FUTURE MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, THE SITE SERVICES, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT OR THE TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GIFTS TO THE FUTURE DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

6. LIMITATION OF LIABILITY

Section 6 discusses your agreement that Gifts To The Future usually will not have to pay you damages relating to your use of the Site and Site Services and, if it is, at most, it will be required to pay you € 300, as detailed below.

Gifts To The Future is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms and Conditions, including, but not limited to:

  • your use of or your inability to use our Site or Site Services;
  • delays or disruptions in our Site or Site Services;
  • viruses or other malicious software obtained by accessing, or linking to, our Site or Site Services;
  • glitches, bugs, errors, or inaccuracies of any kind on our Site or Site Services;
  • damage to your hardware device from the use of the Site or Site Services;
  • a suspension or other action is taken with respect to your Account;
  • any effect produced by you when using the Site or the Site Services;

ADDITIONALLY, IN NO EVENT WILL GIFTS TO THE FUTURE, OUR AFFILIATES, OUR LICENSORS, OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS, SO TO THAT EXTENT, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

7. TERMINATION

Section 7 discusses when and how either you or Gifts To The Future can end this Agreement, and what happens if either of us ends the Agreement, as detailed below.

Unless both you and Gifts To The Future expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms and Conditions as well, except as otherwise provided herein. You may provide written notice to legal@giftstothefuture.com. In the event, you properly terminate this Agreement, your right to use the Site and Site Services is automatically revoked, and your Account will be closed. User understands and acknowledges that termination of this Agreement (or attempt to terminate this Agreement) does not terminate or otherwise impact any ongoing  Project. If you attempt to terminate this Agreement while having one or more ongoing Projects, you agree (a) you hereby instruct Gifts To The Future to close any open contracts by providing the Security Protocol Password; (b) you will continue to be bound by this Agreement and the other Terms of Service until all such Projects have closed on the Site; (c) Gifts To The Future will continue to perform those Site Services necessary to complete any open Project until Cancelation or Final Delivery to the Recipient;

Without limiting Gifts To The Future’s other rights or remedies, we may, but are not obligated to, temporarily or indefinitely revoke access to the Site or Site Services, deny your registration, or permanently revoke your access to the Site and refuse to provide any or all Site Services to you if: (i) you breach the letter or spirit of any terms and conditions of this Agreement or any other provisions of the Terms and Conditions; (ii) we suspect or become aware that you have provided false or misleading information to us; or (iii) we believe, in our sole discretion, that your actions may cause legal liability for you or Gifts To The Future; may be contrary to the interests of the Site or the User community; or may involve illicit or illegal activity. If your Account is temporarily or permanently closed, you may not use the Site under the same Account or a different Account or reregister under a new Account without Gifts To The Future’s prior written consent.

7.1 ACCOUNT DATA ON CLOSURE

Except as otherwise required by law, if your Account is closed for any reason, you will no longer have access to data, communications, files, or other material you keep on the Site and that that any closure of your Account may involve deletion of any content stored in your Account for which Gifts To The Future will have no liability whatsoever. Gifts To The Future, in its sole discretion and as permitted or required by law, may retain some or all of your Account information.

8. DISPUTES

Section 8 discusses your agreement with Gifts To The Future and our agreement with you about how we will resolve any disputes.

If a dispute arises between you and Gifts To The Future, our goal is to resolve the dispute quickly and cost-effectively. You agree to first try to resolve any dispute informally or use arbitration instead of a trial.

8.1 INFORMAL DISPUTE RESOLUTION

Before serving a demand for arbitration of a Claim, you and Gifts To The Future agree to first notify each other of the Claim or by email to legal@giftstothefuture.com, and Gifts To The Future agrees to provide to you a notice at your email address on file (in each case, a “Notice”). You and Gifts To The Future then will seek informal voluntary resolution of the Claim. Any Notice must include pertinent account information, a brief description of the Claim, and contact information, so that you or Gifts To The Future, as applicable, may evaluate the Claim and attempt to informally resolve the Claim. Both you and Gifts To The Future will have 60 days from the date of the receipt of the Notice to informally resolve the other party’s Claim, which, if successful, will avoid the need for further action.

8.2 GOVERNING LAW

These Site Terms of Use, the other Terms and Conditions, and any Claim will be governed by and construed in accordance with the laws of Romania.

9.GENERAL 

Section 9 discusses additional terms of the agreement between you and Gifts To The Future, including that the Terms of Service contain our full agreement, how the agreement will be interpreted and applied, and your agreement not to access the Site from certain locations, as detailed below.

9.1 MODIFICATIONS WAIVER

No modification or amendment to the Terms of Service will be binding upon Gifts To The Future unless in a written instrument signed by a duly authorized representative of Gifts To The Future or posted on the Site by Gifts To The Future. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

9.2 FORCE MAJEURE

The parties to this Agreement will not be responsible for the failure to perform or any delay in Service performance of any obligation hereunder for a reasonable period due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party.

9.3 ELECTRONIC RECORDS CONSENT

In connection with the Site Terms of Use, you may be entitled to receive certain records from Gifts To The Future such as contracts, notices, and communications, in writing. To facilitate your use of the Site and the Site Services, you give us permission to provide these records to you electronically instead of in paper form.

10. DEFINITIONS

Section 10 gives you some definitions of capitalized terms that appear in the Terms of Service but other capitalized terms are defined above, which you can tell because the term is put in quotation marks and bold font.

Capitalized terms not defined below or above have the meanings described in the Site Terms of Use or elsewhere in the Terms and Conditions.

Service” any and all actions were undertaken by Gifts To The Future for storing and delivering objects to a Recipient/ Next Of Kin, at a preselected date.

Item” any object or content in a form of a Gift or a Letter that you send or intend to send to us for safekeeping.

Gift” represents the Item that is in your attention or intention to be used in conjuncture with the Service.

Letter” represents the paper written object that is in your attention or intention to be used in conjuncture with the Service and comes in a Postal Letter form.

Type a Letter” represents a written text Service that is accessible thru the Site and is stored electronically for safekeeping and delivery at a preselected date, to a recipient;

Profile” means the personal section of the webpage, the place where you can access, complete, amend or update the data required for a Project.

Payment Method” means a valid credit card issued by a bank acceptable by the Payment Processor, a PayPal account, a debit card, or such other method of payment as Payment Processor may accept from time to time in its sole discretion.

Project” means any initiated Service with a payment performed and an issued AWB.

AWB” means the unique identification number issued with the payment for a Project.

“Final Delivery” represents the delivery of the Item to the Recipient.

“Custodial Rights” means the rights to (a) administer the item, (b) to deposit the Item, (c) to tend to the Item, (d)to transfer and transport the Item within the company owned or contracted locations, (e) to send it to a Recipient/Next of Kin by means of Post, (f) to return it to initial Sender.

Substantial Change” means a change to the terms of the Terms of Service that reduces your rights or increases your responsibilities.