Terms and Conditions

Hadiah.Gifts
Terms and Conditions
1. INTRODUCTION

1.1 Welcome to Hadiah.Gifts (the “Site”). Please read the following Terms of Service carefully before using this Site or opening a Hadiah.Gifts account so that you are aware of your legal rights and obligations with respect to Smart Entity Sdn. Bhd (Company Number : 573289-W) and its affiliates and subsidiaries (individually and collectively, “Hadiah.Gifts”, “we”, “us”, “our”, or “HdG”). The “Services” we provide or make available include (a) the Site, and (b) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services (“Content”). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by Hadiah.Gifts.

1.2 The Services include an online platform service that provides a place and opportunity for the sale of goods between the buyer (“Buyer”) and the seller (“Seller”) (collectively “you”, “Users” or “Parties”). The actual contract for sale is directly between Buyer and Seller and Hadiah.Gifts is not a party to that or any other contract between Buyer and Seller and accepts no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. Hadiah.Gifts is not involved in the transaction between Users. Hadiah.Gifts may or may not pre-screen Users or the Content or information provided by Users. Hadiah.Gifts reserves the right to remove any Content or information posted by you on the Site in accordance to Section 6.4 herein. Hadiah.Gifts cannot ensure that Users will actually complete a transaction.

1.3 Before becoming a User of the Site, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.

1.4 Hadiah.Gifts reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. Hadiah.Gifts may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. Hadiah.Gifts may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.

1.5 Hadiah.Gifts reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.

BY USING HADIAH.GIFTS SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR’S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.

2. PRIVACY

2.1 Privacy of your information is important to us at Hadiah.Gifts. The following explains in detail our privacy practices with regards to how information associated with your Account is collected and used.

2.2 The personal data that Hadiah.Gifts may collect includes but is not limited to :

Name
Email Address
Date of Birth
Billing Address
Bank Account and Payment Information
Telephone Number
Gender
Any other information about the User when the User signs up to use our services or website, and when the User uses our services or website, as well as information related to how the User uses our services or website.
2.3 Personal data of Users will be collected as follows :

When you register and/or use Our Service or website, or open an account with us.
When you submit any form, including, but not limited to, application forms, or other forms related to any of our products and services, whether online or by any way of physical form.
When you enter into any agreement or provide other documentation or information in respect of your interactions with us, or when you use our products or services.
When you interact with us, such as via telephone calls (which may be recorded), letters, fax, face-to-face meetings, email, and social media platforms.
When you carry out transactions through our services.
When you provide us with feedback or complaints.
When you submit your personal data to us for any reason.
2.4 Personal data collected from Users will then be used for the following purposes :

To consider and/or process your application/transaction with us, or your transactions with third parties via our services.
To manage, operate, provide, and/or administer your use of and/or access to our services and website as well as your relationship and user account with us.
To manage, operate, administer, and provide you with, as well as to facilitate the provision of our services, including, without limitation, remembering your preferences.
To tailor your experience through the services we provide by displaying content according to your interests and preferences, thereby providing you faster access to your account, and submit to us your information and to allow us to contact you, if necessary;
To respond to, process, deal with, or complete your transaction and/or to fulfill your requests for certain products and services and notify you of service issues or unusual account activity.
To enforce our Terms and Conditions or any applicable end user license agreements.
To protect personal safety, and the rights, property, or safety of others.
For identification and/or verification.
To deal with or facilitate customer service, carry out your instructions, deal with or respond to any inquiries given by (or purported to be given by) you or on your behalf.
To contact you or communicate with you via telephone calls, text message, email or postal mail, or otherwise for the purposes of administering and/or managing your relationship with us or your use of our services, such as but not limited to communicating administrative information to you related to our services. You acknowledge and agree that such communication by us could be by way of the mailing of correspondence, documents, or notices to you, which could involve disclosure of certain personal data about you to bring about delivery of the same as well as on the external cover of envelopes and packaging.
To respond to legal processes or to comply with or as required by any applicable law, governmental or regulatory requirements of any relevant jurisdiction, including, without limitation, meeting the requirements to make disclosure under the requirements of any law binding on Hadiah.Gifts or on its related corporations or affiliates.
To audit our services or HdG’s business.
To prevent or investigate any actual or suspected violations of our Terms and Conditions, fraud, unlawful activity, omission or misconduct, whether relating to your use of our services or any other matter arising from your relationship with us.
To store, host, back up (whether for disaster recovery or otherwise) of your personal data, whether within or outside of your jurisdiction.
To deal with and/or facilitate a business asset transaction or a potential business asset transaction, where such transactions involve Hadiah.Gifts as a participant or involve only a related corporation or affiliate of HdG as a participant, or involve HdG and/or any one or more of HdG’s related corporation or affiliate as participant(s), and there may be other third party organizations as participants in such transactions. A “business asset transaction” refers to the purchase, sale, lease, merger, amalgamation, or any other acquisition, disposal, or financing of an organization or a portion of an organization, or any of the businesses or assets of an organization.
For any other purposes which we notify you at the time of obtaining your consent.
2.4 By using the services or providing information on the website, you:

Consent to Hadiah.Gifts’s collection, use, disclosure, and/or processing of your content, personal data, and user information as described above.
Agree and acknowledge that the proprietary rights of your user information are jointly owned by you and Hadiah.Gifts, and
Shall not, whether directly or indirectly, disclose your user information to any third party, or otherwise allow any third party to access or use your user information, without HdG’s prior written consent.
2.5 Users in possession of another user’s personal data through the use of the services (the receiving party) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data, (ii) allow the user whose personal data the receiving party has collected (the disclosing party) to remove his or her data so collected from the receiving party’s database, and (iii) allow the disclosing party to review what information has been collected about them by the receiving party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.

3. LIMITED LICENSE

3.1 Hadiah.Gifts grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of Hadiah.Gifts and where applicable, third party proprietors identified in the Site. No right or license is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).

3.2 You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Hadiah.Gifts . You acknowledge that Hadiah.Gifts may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.

4. ACCOUNTS AND SECURITY

4.1 Some functions of our Services require registration for an Account by selecting a unique user identification (“User ID”) and password, and by providing certain personal information. If you select a User ID that Hadiah.Gifts , in its sole discretion, finds offensive or inappropriate, HdG has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. Hadiah.Gifts has not reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services.

4.2 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify Hadiah.Gifts of any unauthorized use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. Hadiah.Gifts will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this Section.

4.3 You agree that Hadiah.Gifts may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily withhold any sale proceeds or refunds, and/or take any other actions that Hadiah.Gifts deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behavior (d) having multiple user accounts, (e) buying products on the Site for the purpose of commercial re-sale, (f) abnormal or excessive purchase of products from the same Seller or related group of Sellers, (f) voucher abuse (including, but not limited to, selling of vouchers to third parties and abnormal or excessive use of vouchers on the Site), or (g) behavior that is harmful to other Users, third parties, or the business interests of Hadiah.Gifts. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, Hadiah.Gifts may terminate your Account immediately with or without notice.

4.4 Users may terminate their Account if they notify Hadiah.Gifts in writing (including via email at : vintagecomicsmy@outlook.com) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact Hadiah.Gifts after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. Hadiah.Gifts shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by HdG.

4.5 You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.

5. VIOLATION OF OUR TERMS OF SERVICE

5.1 Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:

– Listing deletion

– Limits placed on Account privileges

– Account suspension and subsequent termination

– Criminal charges

– Civil actions, including without limitation a claim for damages and/or interim or injunctive relief

5.2 If you believe a User on our Site is violating these Terms of Service, please contact vintagecomicsmy@outlook.com.

6. PURCHASE AND PAYMENT

6.1 Hadiah.Gifts supports one or more of the following payment methods that are available via Toyyib Pay, which is the payment gateway service that we have employed, which provides the following :

Credit Card
Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in.

(ii). Bank Transfer

Buyers may make payments via internet banking transfer to our designated HdG bank account via internet banking payment channels such as Maybank2U.

6.2 Buyers may only change their preferred mode of payment for their purchase prior to making payment.

6.3 Hadiah.Gifts takes no responsibility and assume no liability for any loss or damages to the buyer arising from shipping information and/or payment information entered by the buyer or wrong remittance by the buyer in connection with the payment for the items purchased. We reserve the right to check whether Buyer is duly authorized to use certain payment method, and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available.

7. DELIVERY

7.1 Hadiah.Gifts will inform the Seller when HdG has received payment from the Buyer. Unless otherwise agreed with HdG, Seller should then make necessary arrangements to have the purchased item delivered to the Buyer and provide details such as the name of the delivery company, the tracking number, etc. to the Buyer either via the website or email, or other methods of contact.

7.2 Sellers must use their best effort to ensure the Buyer receives the purchased items within the period of time specified by the seller.

7.3 The method of delivery of purchased items are to be negotiated between the Buyer and Seller as to decide the ideal shipping method. All costs with regards to delivery such as shipping charges are to be under the Seller’s full responsibility and HdG does not interfere with the method of delivery as agreed upon beforehand between the Buyer and Seller.

7.4 Users must understand that the Seller bears all risks attached to the delivery of said purchased items and warrants that he/she has or will obtain adequate insurance coverage for the delivery of the purchased items. In the event where the purchased items are damaged, lost, or have failed to be delivered during the course of delivery, Users acknowledge and agree that HdG will not be liable for any damage, expense, cost, or fees resulted therefrom and the Seller and/or Buyer will reach out to the designated logistics service provider to resolve such dispute.

7.5 For Cross-Border Transactions, Users must bear in mind and acknowledge that where a product listing states that the product will ship from overseas, such product is being sold from a Seller based outside of Malaysia, and the importation and exportation of such product is subject to local laws and regulations. Users should familiarize themselves with all import and export restrictions that apply to the designated country. Users acknowledge that Hadiah.Gifts cannot provide any legal advice in this regard and agrees that HdG shall not bear any risks or liabilities associated with the import and export of such products to Malaysia.

8. SELLER’S RESPONSIBILITIES

8.1 Sellers shall properly manage and ensure that relevant information such as the price and details of items, inventory amount, and terms and conditions for sales is updated on Seller’s listing and shall not post inaccurate or misleading information.

8.2 The price of items for sale will be determined by the Seller at his/her own discretion. The price of an item and shipping charges shall include the entire amount to be charged to the Buyer such as sales tax, value-added tax, tariffs, etc. and the Seller shall not charge the Buyer such amount additionally and separately.

8.3 Sellers agree that Hadiah.Gifts may at its discretion engage in promotional activities to induce transactions between Buyers and Sellers by reducing, discounting, or refunding fees, or in other ways. The final price that the Buyer will actually pay will be the price that such adjustment is applied to.

8.4 For the purpose of promoting the sale of items listed by the Seller, Hadiah.Gifts may post such items (at adjusted price) on other platforms with affiliation to HdG, notably, Hadiah.Gifts’s Facebook page.

8.5 Sellers shall issue receipts, credit card slips or tax invoices to Buyers upon request.

8.6 Sellers acknowledge and agree that they will be responsible for paying all taxes, customs, and duties for the items sold and Hadiah.Gifts cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Sellers are advised to seek professional advice if in doubt.

8.7 Sellers acknowledge and agree that should the Seller violate any of Hadiah.Gifts’s policies, it will thus result in actions being taken in accordance to those mentioned in Section 5.1.

8.8 Sellers’ products that are uploaded shall be subjected to Hadiah.Gifts quality control check and has, at any time and discretion, full right to remove any products that do not meet Hadiah.Gifts’ standards for “premier products”, or if it is against HdG’s ethical stance.

8.9 Sellers’ are also required to use packaging provided by Hadiah.Gifts that carry HdG’s branding, provided with a small fee. The use of said packaging is compulsory for all sellers’ products and photographic or videographic evidence must be submitted whereby the product posted to the customer has been packaged with Hadiah.Gifts packaging. Photos and videos are to be uploaded on Hadiah.Gifts social media sites and sellers are likewise advised to tag both Hadiah.Gifts and the customer related to the post or product purchase.

9. DISPUTES

9.1 In the event a problem arises in a transaction, the Buyer and Seller agree to communicate with each other first to attempt a resolution to such disputes through mutual discussions, which Hadiah.Gifts shall use reasonable commercial efforts to facilitate. If the matter cannot be resolved by mutual discussions, Users may approach the claims tribunal of their local jurisdiction to resolve any dispute arising from a transaction.

9.2 Each Buyer and Seller covenants and agrees that it will not bring suit or otherwise assert any claim against Hadiah.Gifts or its affiliates (except where Hadiah.Gifts or its affiliates are the sellers of the product that the claim relates to) in relation to any transaction made on the website or any dispute related to such transaction.

10. TRANSACTION FEES

10.1 Hadiah.Gifts charges a fee for all successful transactions completed on the website. This is charged by our payment gateway service provider, and is calculated at two percent (2%) for payments made via FPX, and two and a half percent (2.5%) for payments made via Credit Card or such other rates as may be determined by them from time to time.

10.2 Hadiah.Gifts charges a fee of twenty percent (20%) off of each transaction successfully completed on the website that also includes the above charges mentioned in 10.1.

10.3 Hadiah.Gifts, as for now, will not charge Sellers for any shipping services as delivery of purchase items are entirely under the responsibility and management of Sellers.

11. CANCELLATION AND REFUND POLICY

11.1 Cancellation of orders and refunds must be discussed between buyers and sellers, with the exception if the seller is Hadiah.Gifts, where HdG would be contacted directly to appeal for cancellation of order and refunding.

11.2 In the case where HdG is the seller, cancellation of order and refund must be made at most 48 hours prior to confirmation of payment. Any order cancellation appeal shall not be entertained after the set time period.

11.3 Cancellation and Refund policies may vary according to the seller, and the seller has full rights to reject the buyer’s refund or cancellation appeal.

12. FEEDBACK

12.1 Hadiah.Gifts welcomes information and feedback from our Users, which would enable HdG to improve the quality of service provided. Please refer to our feedback procedure below for further information :

Feedback may be submitted in writing through email sent to vintagecomicsmy@outlook.com.
Anonymous feedback will not be accepted.
Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.
Vague and defamatory feedback will not be entertained.
13. DISCLAIMERS

13.1 THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY HADIAH.GIFTS OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HADIAH.GIFTS DOES NOT WARRANT THAT THE SERVICES, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.

13.2 YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

13.3 HADIAH.GIFTS HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR (B) THE ABILITY OF SELLERS TO SELL ITEMS OR OF BUYERS TO PAY FOR ITEMS. IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE HADIAH.GIFTS AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.

14. EXCLUSIONS AND LIMITATIONS OF LIABILITY

14.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HADIAH.GIFTS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:

(i) (A) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OF DATA; (E) LOSS OF GOOD WILL; OR (F) FAILURE TO REALIZE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR

(ii) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF HADIAH.GIFTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.

14.3 NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY HdG’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF HADIAH.GIFTS THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.

28. YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

(a) you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with its terms; and

(b) you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations.

29. Fraudulent or suspicious activity

If Hadiah.Gifts, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect Hadiah.Gifts, other Buyers or Sellers, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

(a) We may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction.

(b) We may refuse to provide the Services to you now and in the future.

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