1. Platform Description

GiftyZel is a gift delivery platform that operates in two modes:

• Marketplace Model: Users browse and purchase products listed by approved vendors directly through GiftyZel's marketplace at giftyzel.com.
• Plugin Model: Third-party merchants integrate GiftyZel's gifting functionality into their own websites via the GiftyZel Plugin API, enabling their customers to send gifts without disclosing recipient addresses.

By accessing or using GiftyZel, you agree to be bound by these Terms of Service. If you do not agree, do not use the platform.

2. Eligibility

You must be at least 18 years old to create an account and use GiftyZel. By using the platform, you represent and warrant that you meet this requirement and that all information you provide is accurate and current.

3. User Responsibilities

• You are responsible for maintaining the confidentiality of your account credentials.
• You agree to provide accurate delivery addresses when accepting gifts.
• You agree not to use GiftyZel for any unlawful purpose or in any way that violates these Terms.
• You are responsible for all activity that occurs under your account.
• You agree to notify us immediately of any unauthorized use of your account at info@ozodac.com.

4. Merchant and Vendor Terms

If you register as a vendor or merchant on GiftyZel, you additionally agree to:

• Provide accurate product descriptions, pricing, and inventory information.
• Fulfill orders promptly and maintain the quality of goods and services advertised.
• Comply with all applicable laws governing the sale of your products or services.
• Connect a valid Stripe account to receive payouts via Stripe Connect.
• Not list prohibited items including but not limited to: illegal goods, counterfeit products, weapons, hazardous materials, or adult content.
• Maintain accurate store information and respond to buyer inquiries in a timely manner.

GiftyZel reserves the right to suspend or terminate vendor accounts that violate these terms or that receive a pattern of negative feedback.

5. Platform Fees

GiftyZel charges the following platform fees:

• Plugin Model: A fee of 3.5% of the transaction value is charged to merchants using the GiftyZel Plugin API integration.
• Marketplace Model: A fee of 7.5% of the transaction value is charged on sales made through the GiftyZel Marketplace.

Fees are deducted automatically before payouts are processed to vendor Stripe accounts. GiftyZel reserves the right to modify fee structures with 30 days' notice to affected merchants.

6. Gift Acceptance Window

When a sender purchases a gift through GiftyZel, the recipient receives a unique link to accept the gift and provide their delivery address. Recipients have 7 days from the date the gift is sent to accept it.

If the recipient does not accept within 7 days, the gift expires and the sender may be entitled to a refund in accordance with our refund policy. GiftyZel is not responsible for gifts that expire due to recipient inaction.

7. Payments and Refunds

All payments are processed securely by Stripe. By making a purchase, you authorize GiftyZel to charge your payment method for the stated amount. Refund eligibility is determined case-by-case and may be initiated by contacting info@ozodac.com. Refunds for expired gifts (not accepted within 7 days) are processed automatically where applicable.

8. Prohibited Uses

You agree not to use GiftyZel to:

• Harass, threaten, or harm other users
• Send unsolicited or fraudulent gifts
• Engage in money laundering or fraudulent transactions
• Reverse-engineer, scrape, or attempt to extract data from the platform
• Use automated bots or scripts to interact with the platform
• Impersonate another person or entity
• List, purchase, or send prohibited items as defined in Section 4
• Circumvent or manipulate our fee structure
• Violate any applicable local, state, national, or international law

9. Intellectual Property

All content, trademarks, logos, and technology on GiftyZel are owned by or licensed to GiftyZel. You may not reproduce, distribute, or create derivative works without our express written permission. You retain ownership of content you upload (such as product images) but grant GiftyZel a non-exclusive license to display it on the platform.

10. Disclaimers and Limitation of Liability

GiftyZel is provided "as is" without warranties of any kind. We are not liable for: vendor product quality, delivery delays caused by third-party carriers, or losses arising from unauthorized account access. To the maximum extent permitted by law, our total liability to you for any claim arising out of these Terms shall not exceed the amount you paid to GiftyZel in the 12 months preceding the claim.

11. Termination

We reserve the right to suspend or terminate your account at our sole discretion, with or without notice, for conduct that violates these Terms or is otherwise harmful to other users, GiftyZel, or third parties. You may close your account at any time by contacting us.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Texas, USA, without regard to its conflict-of-law principles. Any dispute arising from or relating to these Terms or your use of GiftyZel shall be resolved exclusively in the state or federal courts located in Harris County, Texas, and you consent to personal jurisdiction in those courts.

13. Changes to These Terms

We may update these Terms at any time. Material changes will be communicated by email or prominent notice on the platform. Continued use of GiftyZel after the effective date of any changes constitutes your acceptance of the revised Terms.

14. Contact

Questions about these Terms?
info@ozodac.com
GiftyZel · Houston, TX, USA