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Last Updated: November 2023

These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Wishibl. By using the Wishibl service and platform, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Wishibl service.

1. Use of the Service

1.1. Eligibility: You must be at least 13 years old to use the Wishibl service. By using our service, you represent and warrant that you meet this age requirement. Children under 13 years of age should not open their own accounts on this service. Wish lists for children under 13 years of age may be maintained by a parent or other adult in their own account, or an account they open and maintain on behalf of the child under 13 years old.

1.2. Registration: To access certain features of the service, you will be required to register for an account. When registering, you agree to provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your account information and for any activity that occurs under your account. You must keep your Account information secure, including without limitation your user number/login and password. Wishibl is not responsible for any liabilities, losses, or damages arising from the unauthorized use of your number/login, password, or account.

1.3. Payment Processing: Wishibl does not handle credit card transactions. All transactions are processed through Stripe, a third-party payment processing service. By using Wishibl, you agree to Stripe's Terms of Service.

1.4. Returns and Exchanges: Wishibl is not responsible for returns, exchanges, or damaged goods. These matters should be addressed directly with the retailer responsible for fulfilling the delivery. We are not a party to such transactions and do not hold any financial details on file. Where possible, all refunds should be in the form of a product exchange or a credit note. In the event of a financial refund, Wishibl will make all endeavors to refund the Credit or Debit card that effected the purchase the full amount of the cost of the product, but not including any delivery charges. In this event, all parties involved will be informed of all transactions for the avoidance of any doubt.

1.5. Use Restriction: Without limiting anything in these Terms of Use, your permission to access and use Wishibl is conditioned on your agreement that you will not:

- use the Site to abuse, harass, threaten, intimidate, or invade the privacy of any other person or entity;

- use the Site to impersonate or misrepresent your affiliation with any person or entity;

- use the Site for any unlawful purpose or for the promotion of illegal activities;

- post to, or link from the Site anything that:

- infringes the copyright or intellectual property right of others, or rights of publicity or privacy;

- is defamatory, obscene, or pornographic;

- is fraudulent, false, misleading, or deceptive;

- promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;

- violates, or encourages any conduct that would violate, any applicable law or regulation, would give rise to civil liability, or otherwise violate these Terms of Use;

- use the Site to post advertising, promotional materials, or other forms of solicitation.

Further, under no circumstances may you:

- use, display, mirror, frame, or utilize framing techniques to enclose the Site, or any content or individual element within the Site;

- access, tamper with, or use non-public areas of the Site, Wishibl's computer systems, or the technical delivery systems of Wishibl's providers; attempt to probe, scan, or test the vulnerability of any Wishibl system or network or breach any security or authentication measures;

- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Wishibl or any of Wishibl's providers or any other third party (including another user) to protect the Site or Wishibl's Content;

- attempt to download Wishibl Content from the Site through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than those generally available third-party web browsers for general consumer use (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera);

- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site, or its content;

- interfere or attempt to interfere with the proper functioning of the Service;

- not to use this site to collect or harvest personal information about other participants at this site;

- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;

- create accounts for the purpose of creating public lists with backlinks for link farm purposes;

- bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or

- encourage or enable any other individual to do any of the foregoing.

You acknowledge that any violations of the provisions of this Section are subject to injunctive relief, and you agree to personal liability on behalf of all participants to the violations regardless of entity affiliation, for all related attorney fees, and legal costs.

 

2. Third Parties:

2.1. Third-Party Links: As part of the Site, Wishibl may provide you with a convenient way to add and follow links to third-party website(s) as well as post content or items belonging to or originating from third parties (Collectively known as "Third-Party Sites"). We do not monitor or control the linked sites and make no representations regarding, and are not liable for, the accuracy, completeness, timeliness, reliability, or availability of any of the content uploaded, displayed, or distributed, or products or services available at those sites. If you choose to access a third-party website, you do so at your own risk. The presence of a link to a third-party website does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of any content, products, or services contained on or available through the third-party website.

2.2. Responsibility: Wishibl is not responsible for any Third-Party Sites and has no control over Third-Party Sites or the promotions, materials, information, goods, or services available on such sites. Third-Party Sites are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Wishibl, and their inclusion on the Site does not imply approval or endorsement by Wishibl. Links to Third-Party Sites are provided "as is" and are subject to change or removal at any time.

2.3. Third-Party Sites: If you decide to leave the Site and access Third-Party Sites, you should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site. Wishibl takes no responsibility and assumes no liability for any User Content or Third-

Party Sites that you or any other user or third party posts to or accessed from the Site. Under no circumstances will Wishibl be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted to or linked from the Site.

2.4. Monetisation of Web Links: Some links from Wishibl to third-party e-commerce sites are monetised by third-party services. Wishibl gets “credit” for its part in helping match the buyer with the right item from the right seller for the gift recipient. This monetisation is automatic and transparent and does not affect the item price.

2.5. Wishibl reserves the right to redirect orders to any alternative Third Party website for the purpose of fulfilment, at its sole discretion.

2.6. Accuracy of Vendor Information: Product specifications and other information (such as our Be Inspired page) have either been provided by the Vendors or collected from publicly available sources. While Wishibl makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. Wishibl makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

 

3. Associate Disclosure

3.1. Affiliates: Wishibl is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to various Amazon sites. As an Amazon Associate, Wishibl earns from qualifying purchases. Wishibl is also a participant in the SOVRN affiliate program, which generates commission on many, but not all, purchases through Wishibl.

 

4. Intellectual Property

4.1. Ownership: All content and materials available on the Wishibl platform, including but not limited to text, graphics, logos, button icons, images, audio clips, and software, are the property of Wishibl or our content suppliers and are protected by United Kingdom and international copyright laws.

4.2. License: Wishibl grants you a limited, revocable, non-exclusive license to access and make personal use of the service. This license does not include the right to modify or download any portion of the service, except with the express written consent of Wishibl.

5. User Conduct

5.1. Non-Commercial Use: The Services are for your personal use only and may not be used in connection with commercial endeavours except as expressly approved or authorised by Wishibl.

5.2. Prohibited Actions: You agree not to use the Wishibl service to:

- Violate any applicable local, national, or international law.
- Infringe upon any intellectual property rights or proprietary rights of others.
- Transmit any material that is defamatory, offensive, or otherwise objectionable.
- Interfere with or disrupt the service or servers or networks connected to the service.
- Attempt to gain unauthorised access to any part of the service.

5.3. Termination: Wishibl reserves the right to terminate or suspend your account and access to the service for any violation of these Terms or for any other reason, at our sole discretion.

6. Privacy

6.1. Data Protection: Your use of the Wishibl service is also governed by our Privacy Policy, which is incorporated by reference into these Terms.

7. Disclaimer of Warranties

7.1. As-Is Basis: The Wishibl service is provided "as is" and "as available" without any warranties of any kind, either express or implied.

8. Limitation of Liability

8.1. Exclusion of Liability: To the fullest extent permitted by law, Wishibl shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.

 

9. Governing Law

9.1. Jurisdiction: These Terms are governed by and construed in accordance with the laws of the United Kingdom. You agree to submit to the exclusive jurisdiction of the courts located within the United Kingdom.

 

10. Contact Information

For any questions or concerns about these Terms, please contact us at:

Wishibl Customer Support

support@wishibl.com

TERMS & CONDITIONS: Wishibl Ltd.

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