2. changes to these terms
We may, without prior notice or liability to you, discontinue the Services or modify the Services by adding or removing features or functionalities. We may also revise these Terms from time to time in our sole discretion, subject to applicable law. When we revise these Terms, we will post a revised version on the Website. You are free to decide whether or not to accept a revised version of these Terms, but accepting these Terms, as revised, is required for your continued access to and use of the Services. If you do not agree to these Terms or any revised version of these Terms, your sole recourse is to terminate your access to and use of the Services. Except as otherwise expressly stated by us, your access to and use of the Services are subject to the version of these Terms in effect at the time of your access or use.
In connection with your access to or use of the Services, you may be subject to additional terms, rules, policies, and conditions imposed by us (“Additional Terms”), which are hereby incorporated by reference into these Terms. To the extent of any inconsistency between these Terms and any Additional Terms, the Additional Terms will control, unless otherwise expressly provided by us.
There are currently no fees for the Services, but we reserve the right to charge fees for the Services in the future. We will notify you before charging any fees for the Services by notifying you electronically, by posting such fees on the Website, as applicable, or by any other method permitted by applicable law. If you continue using the Services after such notice, you must pay all applicable fees for the Services.
You are solely responsible for ensuring the confidentiality of your Account login information and maintaining the security of such information. You agree not to authorize any other person to use your Account for any purpose. Except as otherwise provided by applicable law, you are solely responsible for all transactions and other activities authorized or performed using your Account, whether authorized by you or not. You must notify us immediately at [email protected] if you believe any of your Account credentials, such as your password, have been obtained or used by any unauthorized person or you become aware of any other breach or attempted breach of the security of the Services or your Account.
Subject to these Terms and our approval, you (“Buyer”) may purchase certain Gift Cards through the Services with a credit card, debit card, or such other payment method approved by us. When Buyer purchases an electronic Gift Card through the Services, we will email the electronic Gift Card to the email account designated by Buyer. When Buyer purchases a physical Gift Card, we will mail it to the address designated by Buyer. We may charge a shipping and handling fee to mail physical Gift Cards and, if so, will disclose such fee prior to any applicable Gift Card sale. We are not responsible for any Gift Cards used without your permission or for any lost or stolen Gift Cards. Risk of loss and title to Gift Cards purchased by Buyer through the Services pass to Buyer or the Buyer’s designated recipient, as applicable, upon electronic transmission of the Gift Card to the email address provided to us or delivery of the Gift Card to the shipping carrier, as applicable. We are not liable for any delivery failures for Gift Cards.
Buyer acknowledges and agrees that: (i) Gift Cards are issued by third parties (each, a “Merchant”) and are not issued by Doctors Gaming Alpha (ii) the use and redemption of a Gift Card are subject to certain terms and conditions (which may include expiration dates, limitations, and fees) established by the applicable Merchant; and (iii) we are not responsible, and have no liability, for: (1) the terms and conditions of Gift Cards; (2) any products and services that are acquired with Gift Cards; (3) any unused Gift Card balances in the event the applicable Merchant goes out of business, files for bankruptcy, or otherwise fails to honor Gift Cards; or (4) any other claims or disputes with any Merchants. If you have any questions about a Gift Card, you must contact the applicable Merchant. Terms and conditions for certain Gift Cards may be available on the applicable Merchant’s website. We may make certain terms and conditions for Gift Cards available through the Services solely for your convenience.
Subject to these Terms and our approval, you (“Seller”) may sell certain Gift Cards to us through the Services. Once Seller agrees to sell a Gift Card to us through the Services, Seller must not take any action that reduces the value or available balance of the Gift Card. If requested by us, Seller must mail any physical Gift Cards to us pursuant to our instructions. Seller remains responsible for a Gift Card until we receive it. We are not liable for any delivery failures for Gift Cards. Upon our confirmation of a Gift Card’s balance and receipt of the physical Gift Card, if applicable, we will pay the purchase price to Seller via check, electronic fund transfer to an account designated by Seller, or such other payment method agreed upon by us and Seller. In consideration of our payment of a Gift Card’s purchase price, Seller agrees to irrevocably sell, assign, transfer, convey, and deliver to us, our successors, and assigns forever, as absolute owners, without any restrictions, and in accordance with the procedures detailed herein, all of Seller’s right, title, and interest in and to the Gift Card.
For each Gift Card sold by Seller to us through the Services, Seller represents and warrants that: (i) all Gift Card information, including, but not limited to, balance information, provided through the Services is true, accurate, current, and complete; (ii) Seller has good, valid, marketable, and lawful title, free of any liens or other encumbrances, to the Gift Card; (iii) Seller has the unrestricted authority to sell, assign, transfer, convey, and deliver the Gift Card to us; (iv) Seller has sole control of the Gift Card and has not transferred or otherwise made the Gift Card available to anyone; and (v) Seller has not retained a way to redeem the Gift Card after the completion of the sale of the Gift Card to us.
Seller is solely liable for any damages resulting from any untrue, inaccurate, or incomplete information provided by Seller about a Gift Card, including, but not limited to, inaccurate balance information, and from any use of a Gift Card after Seller agrees to sell a Gift Card to us through the Services. In the event that a Merchant refuses to honor a Gift Card because ownership of the Gift Card was transferred, Seller is liable for the entire amount of the purchase price that was paid to Seller for the Gift Card.
(d) Additional Representations and Requirements
In addition to the other representations and warranties in these Terms, you represent and warrant that: (i) your purchases and sales of Gift Cards through the Services comply with applicable law; and (ii) you will not use the Services to engage in any illegal, fraudulent, or other illicit activity. We may limit the number and amount of Gift Cards that you may purchase and sell through the Services from time to time without notice or liability to you. In connection with a purchase or sale of a Gift Card through the Services, you must provide such other information and documents as requested by us to verify your identity and compliance with these Terms, including, but not limited to, your representations and warranties herein. For our compliance purposes and in order to provide the Services to you, you hereby authorize us to, directly or through a third party, obtain, verify, and record information and documentation for purposes of verifying your identity and your payment method information. Upon our request and without further consideration, you must promptly execute, acknowledge, and deliver all such other instruments and documents and take all such other actions required to consummate any purchase or sale of Gift Cards through the Services.
5. Ownership and Proprietary Rights in the Services
All right, title, and interest in and to the Services, including any updates, upgrades, and modifications thereto, and any associated patents, trademarks, copyrights, mask work rights, trade secrets, and other intellectual property rights, belong solely and exclusively to Doctors Gaming Alpha and its licensors, and, except as expressly set forth in these Terms, we do not grant you any licenses or other rights, express or implied, to the Services.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROTECTED BY APPLICABLE COPYRIGHT, TRADEMARK, AND OTHER INTELLECTUAL PROPERTY LAWS. ALL WORDS AND LOGOS DISPLAYED IN CONNECTION WITH THE SERVICES THAT ARE MARKED BY THE ™ OR ® SYMBOLS ARE TRADEMARKS AND SERVICE MARKS OF www.giftcards.com.bd AND/OR THEIR RESPECTIVE OWNERS. THE DISPLAY OF A THIRD-PARTY TRADEMARK IN CONNECTION WITH THE SERVICES DOES NOT MEAN THAT WE HAVE ANY RELATIONSHIP WITH THAT THIRD PARTY OR THAT SUCH THIRD PARTY ENDORSES THE SERVICES.
Subject to these Terms, we hereby grant you a limited, revocable, personal, non-exclusive, and non-transferable right and license to access and use the Services solely for your personal, non-commercial, entertainment purposes. Except as expressly provided by these Terms or as otherwise expressly permitted by us, you may not use, modify, disassemble, decompile, reverse engineer, reproduce, distribute, rent, sell, license, publish, display, download, transmit, or otherwise exploit the Services in any form by any means. Without limiting the foregoing, you agree not to (and not to allow any third party to): (a) use any robot, spider, scraper, or other automatic or manual device, process, or means to access or copy the Services; (b) take any action that imposes or may impose (in our sole determination) an unreasonable or a disproportionately large load on the Services or our infrastructure; (c) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (d) rent, lease, copy, provide access to or sublicense any portion of the Services to a third party; (e) use any portion of the Services to provide, or incorporate any portion of the Services into, any product or service provided to a third party; (f) remove or obscure any proprietary or other notices contained in the Services; or (g) use the Services for any illegal or unauthorized purpose. We may, but are not obligated to, monitor your use of the Services.
By submitting or providing materials, suggestions, ideas, data, and other content to us (“Feedback”), you hereby grant us a royalty-free, worldwide, perpetual, non-exclusive, unrestricted, irrevocable, transferable, and sub-licensable right and license to modify, copy, reproduce, distribute, sell, publicly display, transmit, delete, make derivative works from, store, and otherwise exploit Feedback and to allow others to do the same for any purpose, including, but not limited to, commercial purposes. You acknowledge and agree that you will not receive any compensation whatsoever for granting us this license to your Feedback, and you hereby completely and irrevocably waive any moral or similar rights you may have in your Feedback, even if such Feedback is altered or changed in a manner not agreeable to you. This includes, but is not limited to, any claims based on invasion of privacy, idea misappropriation, other civil rights violations, or defamation. The license granted under this Section, including the related waiver of any applicable moral rights, will survive any termination of these Terms.
Without limiting any of the other terms of these Terms and except as otherwise expressly permitted by us, you may not: (a) access or use any part of the Services for any commercial purpose; (b) access or use the Services for any illegal purpose; (c) attempt to gain unauthorized access to any other user’s Account; (d) modify or attempt to modify or in any way tamper with the Services; (e) access or use the Services in a way that may infringe upon the intellectual property or other rights of any third party, including, without limitation, trademark, copyright, privacy, or publicity rights; or (f) interfere with or disrupt networks connected to the Services or violate the regulations, policies, or procedures of such networks.
By providing payment method information to us, you represent, warrant, and covenant that: (a) you are legally authorized to provide such information to us; (b) you are legally authorized to perform payments with the payment method; and (c) such action does not violate the terms and conditions applicable to your use of such payment method or applicable law. When you authorize a payment in connection with the Services, you represent, warrant, and covenant that there are sufficient funds or credit available to complete a payment using the designated payment method.