Please read the following Term and Conditions before venturing into a business deal with our website and our company. By accessing this site (http://www.gdv.com.au), or taking any service or product from GDV, you agree to these terms and conditions, and it becomes an agreement between you and GDV.
The website and GDV products and services are offered to you on the condition that you accept the terms, conditions, and notices contained herein without modification. We also reserve the right to change the service offerings, price, content, design or the domain of any or all pages of http://www.gdv.com.au, with or without any prior information. We may, but not necessarily choose to inform you about the changes via the communication modes available to us.
Registration and use of the GDV website and / or services shall automatically bind a User to these terms and conditions. Activation of the services shall be regarded as consent by the User to all of these terms and conditions. Should a User not agree to all the terms and conditions of this service agreement, or cannot comply with these terms and conditions, the User should immediately terminate the registration process.
The communication standards for the Services include, but are not limited to: SMS, MMS, mobile application, mobile solutions, VoIP service, WiFi systems and web-based browser technology. Your use of GDV implies your compliance for the company to send emails, SMS messages, and/or MMS messages on your behalf to recipients specified by you which are related to the advertising and gift voucher transaction completed on the site as a advertiser, retailer or business owner. Your use of GDVs services and website implies your compliance for the company to send emails, SMS messages, and/or MMS messages to you for the services your subscribed as a user.
Copyrights and Trademarks
The entire content in the website- http://www.gdv.com.au, including but not limited to text, design, images, videos, graphics, interfaces, service offerings or HTML code is copyrighted under the Copyright Act, which makes it unavailable to use for any outside party. You are hence not allowed to use any of the website content for your personal benefit, doing which would be a punishable offence under the breach of Intellectual Property Right.
The images used and the text written on all GDV pages are specific to the company and thus cannot be used as a whole or a part for/in/by your website/magazine or any other portal. All content of this website is a property of GDV unless otherwise specified. GDV reserves the right to change the content or policies without any prior notice.
The following terms and conditions apply to the use of http://www.gdv.com.au. By ordering services from GDV, you are agreeing to the following terms and conditions.
All content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, databases, mobile application and mobile solution designs are the property of or licensed to GDV, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the User herein, all other rights to all intellectual property on this site and GDV applications, solutions and business model is expressly reserved.
GDV shall grant a User an individual, personal, non-sub licensable, non-exclusive and non-transferable license ("the License") to use its proprietary software and/or application service, in object code form only, and only in accordance with the applicable end User documentation, if any, and only in conjunction with the GDV services. The User may not, directly or indirectly, reverse engineer, de-compile, disassemble or otherwise attempt to establish the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software/ application; or copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software/application; use the software/application for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels with regard to GDV products and/or services. The User acknowledges that GDV, and its licensors retain ownership of all propriety applications, software, intellectual property "IP" (Intellectual Property) and any portions or copies thereof, and all rights therein. Upon termination of these services for any reason, this License will terminate and the User shall cease to use all software and applications. The software is provided and applications are offered, "as is" and subject to the warranty disclaimers and limitations of liability found elsewhere in these terms and conditions. It is the responsibility of the User to test the software and services should they wish prior to entering into this agreement.
Content from the GDV website may not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of GDV.
Product handed over to the client does not include rights to re-use it for another website/application/solution or re-sell the programming codes or design for any commercial or non-commercial purposes. In the case of business restructuring or ownership change, ownership of the website/application/solution may be transferred from one owner to another. New owners are not allowed to re-sell or re-use for any commercial or non-commercial purpose.
In an event of a website re-development and webmaster change, site owners are not allowed to display the credits to the new website, unless such time that the website functionality and appearance is changed by over 50% of our original work.
“GDV” is a trade mark of GDV Pty Ltd of Australia, along with the symbol which consists of a ‘globe’ surrounded by the words ‘Global Digital Vision Pty Ltd’. Clients, Users, Partners, Suppliers, Resellers, Sub-contractors and any other 3rd party organisation or individual is not allowed to use GDV trademarks including the name, logo and symbol in any way shape or form without a written permission from us.
The intellectual property rights contained in the technology we develop and use to implement our or your website/application/solution are at all times retained by us and you may not sell, lease or lend the technology to any third party without our permission, except insofar as this technology is sold as part of this website/application/solution with these conditions intact.
User/Contractor/Advertiser/Reseller agrees that GDV and affiliate companies own all proprietary rights, including but not limited to copyrights, patents and trade secrets, trademarks, and service marks, in and to the API and that this Agreement does not transfer ownership of any of these rights. GDV expressly reserves its rights in and to all such content and materials. GDV shall own all proprietary rights in any modifications to the API, whether created by GDV , Reseller, users, or a third party. Reseller hereby assigns to GDV all proprietary rights, including copyright, patent and trade secret rights, to any modifications created by Reseller. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license, except the limited license provided below in this section, is granted to Reseller or conferred upon Reseller by this Agreement or otherwise. Reseller will not use any of GDV 's trademarks or other intellectual property unless specifically authorized by GDV , nor will Reseller register any trademark that is substantially similar to one owned by GDV . Reseller shall not use any of GDV 's intellectual property in its advertising except as specifically authorized by GDV and will not register or maintain any internet domain names containing trademarked terms owned by GDV or its parent and affiliate companies (or domain names confusingly similar thereto).
Reseller agrees not to use GDV 's trademarks, including its web site URLs, as keyword terms in any online advertising agreements. User/Reseller/Contractor/partner will not decompile, disassemble or otherwise reverse engineer the API or cause others to do so. Reseller will not modify or cause others to modify the API, without the prior written consent of GDV . Reseller agrees to prevent any unauthorized copying of the API. Content owned by GDV advertisers, suppliers or licensors may be subject to additional restrictions. Reseller agrees to use the API and these terms only within the scope of their intended business purposes.
Confidentiality in relation to Resellers/Contractors
GDV Reseller/Contractor agrees that resellers/contractors will exercise a reasonable level of care and discretion to prevent and restrain the use, disclosure, or reproduction of GDV’s Confidential Information. "Confidential Information" means non-public information that GDV designates as being confidential or which, under the circumstances surrounding disclosure, ought to be treated as confidential by GDV. Confidential Information includes, but is not limited to, information in tangible or intangible form relating to and/or including released or unreleased products, the marketing or promotion of any of GDV's products, GDV's business policies or practices, and information received from others that GDV is obligated to treat as confidential. Confidential Information does not include any information, however designated, that: is or subsequently becomes publicly available without reseller/contractor breach of any obligation under this Agreement, became known to reseller/contractor prior to disclosure under this Agreement; became known to reseller/contractor from a source other than GDV other than by breach of an obligation of confidentiality owed to GDV ; or is independently developed by reseller/contractor. This obligation shall last three (3) years after the termination of Reseller Account.
Website, mobile application and mobile solution development project terms
We reserve the right to refuse to make a web site, application, or solution which we may judge as unfit due to content, theme or otherwise. This includes, but is not limited to sites containing adult material such as pornography, sites which promote humanitarian hatred towards persons of other ethnic or religious group and sites which may infringe the copyright act.
We do share a timeline within which we try to complete the project; however, the dates may be rescheduled in wake of any unforseen circumstance.
GDV ensures that the web pages display properly in all the most popular current browsers, but does not hold responsibility for pages which do not display properly in new versions of browsers which are released anytime after the design was made/ delivered.
GDV ensures that the mobile applications and solutions work properly only for in advance agreed operative systems, providers, handset vendors and handset software, but does not hold responsibility for other operative systems, providers, handset vendors, and handset software that are not listed in the product/service quotation or software application description.
The acceptance of a commission shall be considered as a contractual agreement between the client/customer and GDV.
GDV may but not necessarily always start the work immediately on a commission. However we arrange a project initiation date with mutual consideration with the client.
We reserve the right to change the prices at any time with or without notice. However, this will not affect the price of projects that were started or decided to be started prior to the change.
GDV will not be responsible for the emails and any electronic correspondence sent from our system/application/website/mobile device by you.
GDV reserves the right to use client websites, web designs, graphic design, mobile applications, mobile solutions, games, layouts, wire frames and collateral in advertising and / or marketing initiatives. This may include portfolio examples on our website/application/solution, case studies and other promotional initiatives.
GDV reserves the right to use its copyright mark for all products, application, solutions and websites developed, except otherwise agree in a written form.
During the project briefing, it is client’s responsibility to provide us with clear guidelines along with the flow or specific details you may require. When such details are not provided, we will proceed with our understanding of your requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your website/mobile application/mobile solution development and ensure that you have been quoted on the right requirements.
Once proposal has been finalised, any additions, changes or enhancements in the functionality or design of the project will affect the proposal and may incur additional cost and a revised delivery date. All additional programming work is charged separately. Under no circumstances will GDV be liable for any delays caused by change in the project brief or Software Requirement Specification (SRS).
Website content and all related materials and inputs need to be provided to us within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond reasonable timeframe.
The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third party software or application. We will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the client agrees not to penalize us for any genuine delay, when every effort to keep the project on the proposed schedule has been taken.
GDV takes no responsibility of any of the third party products, software or components used on the website development or mobile solution development such as payment gateway, SSL certificates, Mobile Phone OS, Mobile Software, and etc. We suggest you to take regular back-ups to avoid any disruptions.
You own and are responsible for all content, including databases collected online through the website. It is your responsibility to ensure that all data, content and actions taken by your website systems or mobile internet systems comply with relevant laws.
Domain registration charges are not included as a part of the proposal unless mentioned otherwise.
Hosting charges are not included in the quotations unless mentioned otherwise. GDV can organise an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client.
Printing charges are not included as a part of the proposal unless mentioned otherwise.
Where clients decide to organise their own hosting, we should be consulted before finalising the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we’ll require full access with hosting support for testing and deploying the application. GDV will not be liable for any delays or errors caused by direct or indirect actions of the hosting company, operators or mobile internet providers.
Technology support of additional 5 working hours is given to all medium and large size projects, for any basic modification or changes, which may be utilised for up to a period of one month after the delivery. Please note that these support hours are not applicable if the design or coding or any other aspect of the website has been altered by anyone other than the GDV team.
Advertising, VoIP and Content delivery services - project terms
The SMS service, VoIP service, and Location Based Advertising (LBA) that sends messages to mobile phones is maintained by www.gdv.com.au trading as GDV Global Digital Vision Pty Ltd. The utilization of the SMS service and LBA services is subject to the following Terms of Service.
Any illegal use of the SMS or LBA service is strictly prohibited, in the form of messages containing any sexual, racist or discriminatory content and any such usage may be considered as harassment to an individual or an organisation.
You are responsible for the privacy and storage of your username and password.
You agree that all activities, which can be traced to your username and password, are deemed as having been performed by yourself and are legally binding to you. You accept responsibility for your message content, in accordance with generally applicable laws. GDV does not assume any liability for content of messages sent. You exempt GDV from any claim that may arise from third parties as a result of message content. You are to be held solely responsible. GDV reserves the right to exclude you from using these services refunding the remaining amount in your account. In any other circumstance all purchases must be considered as final, in compliance with our no refund policy.
You acknowledge that GDV delivers SMS messages, VoIP, and LBA multi-media messages via major telecommunications companies and mobile network providers and can therefore only influence the delivery transmission of SMS messages and LBA messages within the technical constraints imposed by the above mentioned providers. SMS and LBA messages submitted via the Internet will be transferred to the addressed mobile recipients in due course, provided that the recipient’s phone is switched on and located in an area covered by his subscribed mobile network provider. You acknowledge that, depending on the recipient’s mobile provider service, it may not be possible to transmit the SMS or LBA message to the recipient successfully.
GDV neither claims nor guarantees either availability or performance of these services. While GDV makes every effort to deliver the message promptly, GDV accepts no liability for transmission delays or message or call failures.
GDV debits transmitted SMS and LBA messages according to its transmission logs. These logs are deemed correct and valid even if the customer has objected against the correctness of the accounting records, except if GDV’s investigations have produced evidence of technical problem or error. The SMS and LBA pricing scheme is published on the GDV web site. Because GDV cannot guarantee delivery of the SMS and LBA messages to the recipients due to possible errors on the part of the mobile network providers, GDV does not refund undeliverable SMS/LBA messages to you.
The SMS, VoIP or LBA account balance is non-refundable, and does not bear interest.
In accordance with the legal requirements, usage data is recorded for the necessary purposes of maintaining the messaging service.
You use the service entirely at your own risk.
You process (e.g. collect, store, alter, use or make available) the personal data relating to any mobile end user, only on the basis of explicit consent from the mobile end user.
You guarantee every mobile end user the right to object to your processing of personal data relating to the mobile end user and processed for the purposes of direct marketing.
In general you shall under no circumstances send SMS or LBA traffic to mobile end users for the purposes of direct marketing to randomly generated mobile numbers (spamming). In particular you shall not address the mobile end users with SMS inviting the mobile end user to call back a premium rate number or send a SMS charged at a premium rate.
You guarantee that the content of any SMS or LBA message is always respecting and not in any way in conflict with the fundamental human rights recognized in any national legislation applicable to our business (e.g. right to privacy, prohibition of discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin).
Users shall observe all relevant legislation and regulations applicable in their jurisdiction and in the jurisdiction of all persons to whom they cause messages/calls/data to be delivered. It shall be the sole responsibility of Users to ensure awareness of all applicable laws, regulations and Codes of Conduct to which they may be subject and to ensure compliance therewith.
Users shall not permit, do, nor omit to do, anything which might have the effect of prejudicing or impeding the bona fide activities of GDV or the interests or goodwill of GDV, nor any network operator.
Users may not use GDV’s services to send messages without reasonable cause nor for the purpose of causing annoyance, inconvenience or distress to any person.
You guarantee that you will delete from your database the records of the mobile number relating to a certain mobile end user upon a request from such mobile end user. The mobile end user has the right to submit such request to you at any time.
Upon request you will provide GDV written proof of your compliance with our undertakings according to this statement.
Not withstanding the provisions in the contract between you and GDV, should you breach of your undertakings according to this Statement you acknowledge the right for GDV to suspend or limit your access to GDV services. In case any claim is brought against GDV from any third party due to your breach of the undertakings laid down in this Statement, you shall indemnify and reimburse GDV all liabilities, costs, losses and damages relating to such claim provided.
Registration and Security
To register to make use of the services, a User must complete the registration process and must provide GDV with up to date, complete and accurate information as requested by GDV. Failure to provide accurate and complete information on registration may result in termination of the services. A User may also be required to choose a Username and password. Users are responsible for maintaining the confidentiality of their Usernames and passwords and Users undertake not to divulge their Username and passwords to any other person. A User is entirely responsible for any and all activities that occur under its account and Users shall be strictly liable to make payment of all charges incurred under its account whether or not these charges are incurred by the User or any other person, authorised or unauthorised, intentionally or unintentionally, or as a result of any virus, hack or security breach.
User agrees to notify GDV immediately of any unauthorized use of its account or any other breach of security.
It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this web site, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this web site. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this web site or attempts to gain unauthorised access to any page on this web site shall be held criminally liable, and in the event that GDV should suffer any damage or loss, civil damages will be claimed.
In the event that a company wishes to replace a person/employee using a specific GDV account, and wishes to prevent this person from accessing the account, the company shall inform GDV in writing of this change, and change all details on the account accordingly.
In the event that a disgruntled employee has sole access to a GDV account, and the company wishes to bar this access, it shall provide GDV with a written "take down notice".
Any person who lodges a notification of unlawful activity with a service provider knowing that it materially misrepresents the facts is liable for -damages for wrongful take-down.
A service provider is not liable for wrongful take-down in response to a notification. In the event that a GDV account is transferred from one company to another, the former company shall inform GDV in writing of this change, and change all details on the account accordingly. If the Username is the former company name, a new account shall be opened.
In the event that a User forgets his password, and/or his contact details used for password recovery has changed (e-mail address, mobile number), and he requests a password change, mobile number change or e-mail address change, GDV will do the following: Call or e-mail the existing addresses on the account. If there is a positive response from these, the changes requested will be effected. If there is no response or a negative response, the User may be required to re-register.
You also agree to:
1. Provide true, accurate, current and complete information about yourself as prompted by GDV's registration form (such information being the "Registration Data")
2. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if GDV has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with this terms and conditions, GDV has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
Apart from bona-fide search engine operators and use of the search facility provided on the GDV website by Users, no person may use or attempt to use any technology or applications (including web crawlers, robots or web spiders) to search, collect or copy content from the GDV website for any purpose whatsoever, without the prior written consent of GDV.
The use of non-malicious search technology, such as 'web-crawlers' or 'web-spiders', to search and gain information from this web site is not permitted if such technology will result in slowing down this web site's server or copyright infringement of any data and information available from this web site. Data and information may only be used as provided for in these terms and conditions. E-mail addresses, names, telephone numbers and fax numbers published on the GDV website may not be incorporated into any database, used for electronic marketing or similar purposes. No permission is given or should be implied that information on the GDV website may be used to communicate unsolicited communications to GDV and all rights are reserved.
Interception of Communications
Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to GDV's right to intercept, block, filter read, delete, disclose and use all communications (including all “data messages" as defined in the ECT Act ) send or posted by the User to the GDV website, its staff and employees.
The User agrees and acknowledges that the consent provided by the User above satisfies the "writing" requirement as detailed in the ECT Act and the RIC Act.
Anti Spam Policy
Any registered User can send SMS text messages or MMS multi media message to his/her friends, family, colleagues, clients, contacts etc using the GDV Interface. These interface conditions of use strictly forbid spamming to cell phone Users. We have several software filters to block spam messages. However, we cannot guarantee that spamming will not ever occur. Please let us know (email to email@example.com) the details of the message like content of message, time of delivery, sender name or number etc so that we can immediately check and block the user responsible for the same. Our solution provides opt-in and opt-out system to control the spam.
All prices are quoted in Australian dollars are exclusive of GST unless specified.
All invoices are to be processed as per the schedule via your preferred method of payment and acceptable for GDV.
The first payment will be taken as advance while signing the contract. Intermediate milestone payments must be made within 5 working days of each milestone/schedule, unless mutually agreed otherwise. Final payment must be made within 3 days of the site finalisation.
GDV reserves the right to negotiate and refund appropriate portion of the amount paid by customer towards the requested service. If you cancel your order after making the payment, but the work has not commenced, we will refund 80% of the payment that you have already made. If the order is cancelled after the commencement of work, the maximum refund or charge will be 50% of the invoice. There will be no refund or adjustments if cancellation is called when more than 50% of the work has been completed. All cancellations must be received in writing and can be sent via regular mail, email or fax. Telephone requests on cancellations will not be accepted.
Any payment relating to the domain name registration renewal, printing, or hosting or any 3rd party products or service purchased on behalf of the client will have to be in full and is non-refundable. In case of web-hosting renewals all cancellations must be notified to us 30 days before the renewal date.
If client chooses a 3rd party hosting provider, GDV will build and test the website on one of our own servers or hosted domains. The Website will be transferred-off to a 3rd party server upon a minimum payment of 80% of the total cost from the client.
SMS, VoIP and LBA services must be paid before they are used.
Credit Card Details
You agree, understand and confirm that the credit card details provided by you for availing of services on GDV websites will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to GDV. Further the said information will not be utilised and shared by GDV with any of the third parties unless required for fraud verifications or by law, regulation or court order. GDV will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
Fraudulent /Declined Transactions
GDV reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site and GDV associated payment gateways fraudulently. GDV reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
You Agree and Confirm
1. That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or mobile number or any other wrong information) any extra cost incurred by GDV for redelivery shall be claimed from you.
2. That you will use the services provided by GDV, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site or through GDV associated payment gateways .
3. You will provide authentic and true information in all instances where such information is requested of you. GDV reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), GDV has the right in its sole discretion to reject the registration and debar you from using the Services of GDV.com.au and / or other affiliated websites without prior intimation whatsoever.
4. That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site
5. That the mobile number and address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
6. That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
7. To carefully read the description of gifts vouchers and the owning retail brand’s location before placing the order.
8. On some festive occasions, owing to the number of SMS orders, the SMS's might be delivered before or after the selected date and time by you. We do not take any responsibility for such late or early deliveries.
9. We are a service which acts as a facilitator for users, who want to send gift vouchers, and retail brands who own them. We do not take any responsibility for any losses, expenses, quality of products or services, damages and / or taxes / incurred by Users / Vendors in the use of our facility. The price you pay includes the vendor cost inclusive of all taxes and our service charge.
10. The price displayed on the website includes Service Cost, Bank Processing Charges and other commissions.
11. For orders in which problem arises owing to the mistake of the user e.g. wrong mobile number or incomplete information or recipient not reachable, no refund will be given. Redelivery charges, if any, will be borne by the user.
12. We will not be responsible for any delay / non-delivery of the order by the SMS and LBA Gateway vendor because of flood, fire, wars, act of God or for any reason that are beyond our control. For such orders a complete refund will be provided.
13. Delivery of certain SMS's/MMS's may not be possible under certain uncontrollable circumstances like no telecom service
14. The gift vouchers are redeemable only in the locations mentioned on the website. If you have purchased a gift voucher without verifying the presence of the retailer/vendor at the intended location, GDV is not responsible for it. No refund will be given in such a scenario.
15. The validity period of the gift voucher will depend on the owning retail brand/vendor. GDV has no say in such matters.
16. The retail brand/vendor that owns the gift vouchers or coupon may discontinue the use of the gift vouchers without informing GDV. GDV has no responsibility in such cases. No refund shall be given in such a case.
17. The retail brand/vendor that owns the gift vouchers or coupon may impose additional Terms and Conditions on the usage of these gift vouchers. GDV has no responsibility in such cases. No refund shall be given in such a case.
You may not use the Site for any of the following purposes:
o Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
o Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
o Gaining unauthorised access to other computer systems.
o Interfering with any other person's use or enjoyment of the Site.
o Breaching any applicable laws;
o Interfering or disrupting networks or web sites connected to the Site.
o Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Third Party Product Information and Advertisements
Along with the other terms and conditions these additional terms are applicable in case of third party vendors/retail brands who advertise their products using our services.
You understand and agree that there may be certain products or websites, which will be advertised on the Site or our advertising platform by third party vendors ('Vendors'). GDV may not be able to control the transactions or the acts and omissions of the Vendors in such transactions. When you buy gift vouchers for such Vendors on the GDV Site the following additional terms and conditions will become applicable:
* GDV is not responsible for any non-performance or breach of any contract entered into between you and the Vendor. GDV cannot and does not guarantee that the Vendors will perform any transaction concluded on the Site.
GDV does not make any representation or warranty as to the attributes (such as quality, worth, marketability etc.) of the items or services proposed to be sold the Vendor. In particular, GDV does not implicitly or explicitly support or endorse the sale of any items or services on the Site. GDV accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
o You release and indemnify GDV and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Vendors on the Site and specifically waive any claims that you may have in this behalf under any applicable law. Not withstanding its reasonable efforts in that behalf, GDV cannot control the information provided by other Vendors, which is made available on the Site. You may find other Vendor's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.
o All other terms and conditions of this User Agreement are applicable to such transactions.
Limitation on your use of the services
You may not attempt, or authorize, encourage, or support others' attempts, to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Service. You agree to advise GDV promptly of any such unauthorized use(s) or attempt(s). You acknowledge and agree that the Services are for your personal use only. You acknowledge and agree that you may not copy, distribute, sell, resell, or exploit for any commercial purposes any portion of the Services, or any products accessible through the Services. GDV is not liable for any claims, actions, damages, or other liability incurred as a result of any unauthorized use of your account or the Services, and you agree to be fully liable for any such unauthorized access.
* The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service.
* The User further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from GDV. Limited reproduction and copying of the content of the Website is permitted provided that the GDV’s name is stated as the source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
Availability of Services
You acknowledge and agree that the availability of SMS, MMS, Mobile Barcodes, the internet, and your ability to use the Services is on an "AS IS" and "AS AVAILABLE" basis. You acknowledge that delivery of SMS, MMS, Mobile Barcode messages and availability of web-based browsing is not guaranteed. You acknowledge that the Services may differ depending on the Carrier with whom you maintain an account and that Carrier's ability to support the Services. You acknowledge that the Services may differ depending on the mobile handset make and model. GDV is not responsible for the act or omission of any Carrier or mobile handset, any limitations imposed by such Carrier or mobile handset , or such Carrier's and mobile handset’s ability or inability to support the Services. In addition, GDV is not responsible for any limitations of the internet. In the event your Carrier fails to deliver any communication to GDV or a provider of any Product in timely fashion, due to, but not limited to, mobile network failure or non-compatibility of your phone model with the Services, you acknowledge and agree that GDV shall not liable for any loss or damage. In addition and without limiting the foregoing, in no event will GDV be liable for any error by you in using the Services, including submission of an order or other message to an incorrect allocated number or short code.
Modification of Services
GDV reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including by removing, adding, or modifying Products and/or third-party vendors from the Product Catalogue. GDV shall have no liability to you for any modification or discontinuation of the Services. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with the Services as so modified.
Payment & Billing
You acknowledge and agree that for each order you place through the Service, the full cost of Products you order (for which prices are subject to change without notice) assessed against your credit card or charge card. You acknowledge and agree that a SMS or web browser command originating from your account constitutes an authorization for GDV to charge this amount to your credit card or charge card, and you assume all liability for and shall promptly pay any and all charges. Without limiting the foregoing, you acknowledge and agree that you will pay assessed charges for any and all orders placed from your account, regardless of whether you actually receive the Products. In addition, you agree to pay all fees charged by your Carrier in connection with your use of the Services. You acknowledge and agree that these rates depend on the applicable Carrier and your personal subscription package with that Carrier. GDV will provide you with reasonable notice of any material modification in the fees charged for the Services, which notice may be provided by posting the new fee schedule on the Sites.
The SOFTWARE IS PROVIDED "AS IS" and GDV hereby disclaims all EXPRESSed OR IMPLIED warranties AND CONDITIONS WITH RESPECT TO THE SOFTWARE, THE Site, ANY COUPONS AVAILABLE THROUGH USE OF THE SOFTWARE, AND OTHERWISE WITH RESPECT TO THIS AGREEMENT, including, without limitation, THE warranties of merchantability, SATISFACTORY QUALITY, AND fitness for a particular purpose, WHETHER SUCH WARRANTIES OR CONDITIONS MAY BE IMPLIED BY statute, custom, course of dealing between the parties, trade usage or common law. GDV MAKES NO WARRANTY THAT THE SOFTWARE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. GDV MAKES NO WARRANTIES WITH RESPECT TO ANY COUPONS OR AD PROVIDED THROUGH USE OF THE SOFTWARE, OR WITH RESPECT TO ANY GOODS OR SERVICES YOU PURCHASE THROUGH USE OF SUCH COUPONS OR ADs. GDV will not be responsible IN THE EVENT ANY VENDORS DO NOT HONOR THE COUPONS PROVIDED THROUGH USE OF THE SOFTWARE. This disclaimer of WORRANTIESES AND CONDITIONS constitutes an essential part of this Agreement. SOME STATES OR JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY OR CONDITIONS LIMITATIONS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
GDV DOES NOT EXCLUDE OR LIMIT ITS LIABILITY (I) IN NEGLIGENCE FOR DEATH OR PERSONAL INJURY, (II) FOR FRAUD, OR (III) OTHERWISE TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY LAW. EXCEPT FOR THE FOREGOING IN THIS SECTION, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL GDV OR ITS SUPPLIERS, GDV OR VENDOR PARTNERS BE LIABLE UNDER THE SUBJECT MATTER OF THIS AGREEMENT TO YOU OR ANY OTHER PERSON FOR ANY: (I) INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR (II) ANY AMOUNTS IN THE AGGREGATE IN EXCESS OF $100.00. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF GDV SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
User agrees that users are prohibited by law from exporting to certain countries and shall comply with all export regulations if shipping to another country, including licensing requirements.
Disputes, Liability and Indemnity
In an event of a dispute, GDV reserves the right to charge the client in full for the work/service done as well as for the resources spent in managing the dispute. In such an event, GDV reserves the right to charge the client without honouring any discounts that were previously honoured in good faith. Under no circumstances will GDV be liable for any damages arising from misrepresentation or misinformation.
You agree that GDV shall have no liability whatsoever for any use You make of the Software. You shall indemnify and hold harmless Licensor from any claims, damages, liabilities, costs and fees (including, reasonable attorney fees) arising from Your use of the Software as well as from Your failure to comply with any term or condition of this Agreement.
GDV reserves the right to refuse service to any client, if these are not aligned with our business operating principles and policies.
GDV provides its services as is, without any guarantees on security or other issues leading to loss of data, sale or reputation. We ensure to the best of our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.
GDV will not be held liable for any action or inaction relating to our service and products. We offer a quality service at highly competitive rates. We believe that our system is highly secure from the actions of hackers, viruses and other problems on the internet but can make no guarantees. It is up to you to back-up and ensure the integrity of your data offline. If your website is offline then please contact us and we will try to fix the problem as soon as possible. We will not be liable for loss of sales, leads or reputation from using our service or products.
Relationship of GDV with its suppliers, partners and sub-contractors is of an independent nature. None of the parties have any power, right or authority to interfere or bind the other or assume or create any obligation or responsibility, whether expressed or implied, on behalf of the other or in the other’s name.
Client will indemnify and hold GDV, its licensors, content providers, service providers, employees, agents, officers, directors, contractors and sub-contractors (the "Indemnified Parties") harmless from your breach of any of these Terms And Conditions or any other terms, conditions, policies or procedures herein, including, without limitation, any use of content other than as expressly authorized in these Terms and Conditions.
Client/User agrees that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information obtained from GDV.
GDV will not be liable for any breach of the agreement which is caused by a matter beyond its reasonable control including but not limited to Act of God, fire, lightning, explosion, war, disorder, flood, earth quake, industrial disputes (whether or not involving their employees), extremely severe weather, or acts of local or central government or other competent authorities.
You agree to defend, indemnify and hold harmless GDV, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to GDV or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
Any changes made in GDV’s terms and conditions would be displayed in this section. Hence we encourage you to read this page regularly. Please contact GDV if you require further details or clarifications.