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Terms and Conditions

Last Updated: February 2, 2026

Welcome to Giftlyy! These Terms and Conditions ("Terms") govern your use of the Giftlyy mobile application and services (collectively, the "Service"), operated by Fasa Smartech (Pty) Ltd ("we," "us," or "our").

1. Definitions

• "Service" refers to the Giftlyy mobile application and all related services
• "User," "you," or "your" refers to the individual accessing or using the Service
• "Gift" refers to digital gift vouchers purchased and sent through the Service
• "Vendor" refers to merchants offering products/services redeemable through Giftlyy
• "Sender" refers to a user who purchases and sends a gift
• "Recipient" refers to a user who receives a gift
• "Content" refers to text, images, videos, audio, or other materials

2. Acceptance of Terms

By creating an account or using Giftlyy, you:

• Confirm you are at least 13 years old (or 16 in certain jurisdictions)
• Agree to comply with these Terms and all applicable laws
• Agree to our Privacy Policy
• Represent that all information you provide is accurate and current
• Accept responsibility for all activities under your account

3. Account Registration and Security

3.1 Account Creation

To use most features of Giftlyy, you must create an account. You agree to:

• Provide accurate, complete, and current information
• Maintain and update your information to keep it accurate
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access
• Be responsible for all activities under your account

3.2 Account Eligibility

• You must be at least 13 years old to create an account (16 in EEA)
• Users under 18 may need parental consent in some jurisdictions
• You must not be prohibited from using our services under applicable law
• You may only maintain one account

3.3 Account Termination

You may delete your account at any time through the app. We may suspend or terminate your account if you:

• Violate these Terms
• Engage in fraudulent or illegal activity
• Abuse or harass other users or vendors
• Provide false information
• Create multiple accounts to abuse the Service

4. Use of the Service

4.1 Permitted Uses

Giftlyy is designed to help you send and receive digital gifts. You may:

• Purchase and send digital gift vouchers to friends and family
• Receive and redeem gifts sent to you
• Connect with friends and manage your social gifting network
• Save special dates and receive reminders
• Browse vendor catalogs and products

4.2 Prohibited Uses

You agree NOT to:

• Use the Service for any illegal or unauthorized purpose
• Violate any laws in your jurisdiction
• Infringe on intellectual property rights of others
• Upload viruses, malware, or malicious code
• Spam, harass, or abuse other users
• Impersonate any person or entity
• Collect user information without permission
• Attempt to hack, reverse engineer, or compromise the Service
• Create fake accounts or use bots/automated tools
• Resell, redistribute, or commercialize gifts without authorization
• Attempt to manipulate prices, promotions, or the gifting system
• Use the Service to launder money or engage in fraud

5. Purchasing Gifts

5.1 Payment Processing

• All payments are processed securely through iVeri Payment Gateway
• We accept Visa, Mastercard, and Zimswitch (local cards)
• Prices are displayed in USD, ZWG, or ZAR depending on your location
• Prices include platform fees and payment processing fees
• All transactions are final once payment is confirmed

5.2 Pricing and Fees

• Product prices are set by individual vendors
• Platform fee: 5% added to all purchases
• Payment processing fee: approximately 1-2.5% (varies by card type)
• Total fees: approximately 7.69% combined
• Prices are subject to change without notice
• No hidden fees; all costs shown before checkout

5.3 Order Confirmation

• You will receive confirmation once payment is successful
• The recipient will be notified when the gift is delivered
• You can track gift status in the app (pending, delivered, revealed, redeemed)

6. Receiving and Redeeming Gifts

6.1 Gift Delivery

• Gifts are delivered digitally within minutes of payment confirmation
• Recipients receive a push notification (if registered) or SMS (if not)
• Gifts appear in the recipient's "My Gifts" section

6.2 Gift Redemption

• Gifts must be redeemed at the specified vendor location
• Redemption codes are single-use and cannot be reused
• Show the QR code or redemption code to the vendor
• Gifts cannot be redeemed for cash unless required by law
• Some gifts may have expiration dates set by vendors
• Redeemed gifts cannot be returned or refunded

6.3 Unredeemed Gifts

• Gifts remain valid until redeemed or expired
• Expired gifts may be forfeited (check vendor-specific terms)
• We are not responsible for unredeemed gifts due to recipient inaction

7. Refunds and Cancellations

7.1 General Policy

7.2 Exceptions

Refunds may be considered in the following circumstances:

• Payment Issues: If charged multiple times for the same gift
• Technical Errors: If a gift fails to deliver due to our system error
• Vendor Issues: If a vendor refuses to honor a valid redemption code
• Fraud: If unauthorized charges are reported and verified

7.3 Cancellation

• You may cancel a pending gift before payment is confirmed
• Once payment is processed and the gift is delivered, cancellation is not possible
• Scheduled gifts can be canceled before the scheduled delivery time

7.4 Refund Process

• Contact support at info@fasasmartech.com with your transaction ID
• We will review refund requests within 5 business days
• Approved refunds are processed within 7-14 business days
• Refunds are issued to the original payment method

8. Vendor Responsibilities

8.1 Vendor Portal

Vendors who register on Giftlyy agree to:

• Provide accurate business information and comply with verification requirements
• Honor all valid redemption codes presented by gift recipients
• Maintain product availability and pricing accuracy
• Provide quality products/services as described
• Comply with all applicable laws and regulations
• Not discriminate against gift recipients

8.2 Vendor Payouts

• Vendors receive payment after gifts are redeemed
• Payouts are processed weekly/monthly (as agreed)
• Vendors are responsible for their own taxes and reporting

8.3 Vendor Disputes

• If a vendor refuses to honor a valid code, we will investigate
• Vendors found to be fraudulent will be removed from the platform
• We reserve the right to refund customers and withhold vendor payments in cases of fraud

9. User Content and Conduct

9.1 User-Generated Content

Users may upload photos, videos, audio messages, and text messages as part of gifts. By uploading content, you:

• Represent that you own or have rights to the content
• Grant us a license to store, display, and transmit your content as necessary to provide the Service
• Agree not to upload illegal, offensive, or infringing content
• Acknowledge that content may be viewed by gift recipients

9.2 Content Guidelines

User content must NOT contain:

• Hate speech, harassment, or threats
• Sexually explicit or adult content
• Violence or graphic content
• Spam or commercial solicitation
• False or misleading information
• Copyrighted material you don't have rights to use
• Personal information of others (without consent)

9.3 Content Moderation

• We reserve the right to remove content that violates these Terms
• We do not pre-screen all content but may review reported content
• Users can report inappropriate content through the app
• Repeat violators may have their accounts suspended or terminated

9.4 Reporting Inappropriate Content

• You can report gifts, messages, photos, videos, or audio that violate these Terms
• Reports should be made in good faith and include accurate information
• We may request additional details to investigate
• False or abusive reports may result in action against the reporter

9.5 Enforcement Actions

• Remove or restrict access to content
• Issue warnings or temporary suspensions
• Terminate accounts for severe or repeated violations
• Report illegal activity to relevant authorities when required

10. Intellectual Property

10.1 Our Rights

All aspects of the Service, including but not limited to:

• Giftlyy logo, branding, and trademarks
• App design, code, and functionality
• Text, graphics, and visual elements
• Database structure and organization

are owned by Fasa Smartech or our licensors and protected by copyright, trademark, and other intellectual property laws.

10.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Giftlyy app for personal, non-commercial purposes
• Download the app from official app stores

You may NOT:

• Copy, modify, or create derivative works
• Reverse engineer or decompile the app
• Remove copyright or proprietary notices
• Use our trademarks without permission

10.3 Feedback

If you provide suggestions, ideas, or feedback ("Feedback"), you grant us a perpetual, worldwide, royalty-free license to use, implement, and commercialize such Feedback without compensation to you.

11. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key points:

• We collect information necessary to provide the Service
• We do not sell your personal information
• We use industry-standard security measures
• You can request access, correction, or deletion of your data
• We comply with GDPR, CCPA, and other applicable privacy laws

12. Third-Party Services

Giftlyy integrates with third-party services:

• Firebase (Google): Authentication, database, storage, messaging
• iVeri: Payment processing
• Twilio: SMS notifications

These services have their own terms and privacy policies. We are not responsible for the practices of third-party services. Your interactions with third-party services are governed by their respective terms.

13. Disclaimers and Limitations of Liability

13.1 Service "As Is"

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Defects will be corrected
• The Service is free of viruses or harmful components
• Results from using the Service will be accurate or reliable

13.2 Vendor Responsibility

• We are not responsible for the quality, safety, or legality of vendor products/services
• Vendors are independent third parties; we do not control their actions
• Disputes with vendors should be resolved directly with the vendor
• We will assist in resolving disputes but make no guarantees

13.3 Limitation of Liability

• Your use or inability to use the Service
• Unauthorized access to your account or data
• Errors, mistakes, or inaccuracies in content
• Personal injury or property damage related to your use
• Any bugs, viruses, or harmful code
• Interruption or cessation of the Service
• Vendor refusal to honor gifts or vendor misconduct

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS, OR $100 USD, WHICHEVER IS GREATER.

13.4 Jurisdictional Limitations

Some jurisdictions do not allow limitations on implied warranties or exclusion of certain damages, so the above limitations may not apply to you. You may have additional rights that vary by jurisdiction.

14. Indemnification

You agree to indemnify, defend, and hold harmless Fasa Smartech, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including legal fees) arising out of or related to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any law or rights of a third party
• Content you upload or transmit through the Service
• Your interaction with other users or vendors

15. Dispute Resolution

15.1 Informal Resolution

Before filing a claim, you agree to contact us at info@fasasmartech.com to attempt to resolve the dispute informally. We will work in good faith to resolve your concerns.

15.2 Governing Law

These Terms are governed by the laws of Zimbabwe, without regard to conflict of law principles.

15.3 Arbitration (if applicable)

Any disputes that cannot be resolved informally may be subject to binding arbitration in Harare, Zimbabwe, in accordance with the Arbitration Act of Zimbabwe.

15.4 Class Action Waiver

You agree to bring claims only in your individual capacity and not as part of a class action, unless prohibited by law.

15.5 Jurisdiction and Venue

For any disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the courts in Harare, Zimbabwe.

16. Changes to These Terms

We may modify these Terms at any time. When we do:

• We will update the "Last Updated" date at the top
• We will notify you via email or push notification
• For material changes, we may require you to accept the new Terms
• Your continued use after changes take effect constitutes acceptance

If you do not agree to the modified Terms, you must stop using the Service and may delete your account.

17. Termination

17.1 By You

You may terminate your account at any time through the app (Profile → Settings → Delete Account).

17.2 By Us

We may suspend or terminate your account immediately, without prior notice, if you:

• Violate these Terms
• Engage in fraudulent activity
• Abuse the Service or other users
• Create a security risk
• Fail to pay outstanding fees

17.3 Effect of Termination

• Your right to use the Service will cease immediately
• You will no longer have access to your account or data
• Unredeemed gifts in your account may be forfeited
• Transaction records may be retained as required by law
• Provisions that should survive termination (liability, indemnification, etc.) will remain in effect

18. Miscellaneous

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Fasa Smartech regarding the Service.

18.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

18.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

18.4 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms without restriction.

18.5 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control (natural disasters, war, strikes, government actions, pandemics, etc.).

18.6 Notice

We may provide notices to you via email, push notification, or posting on the app. You agree that electronic communications satisfy any legal communication requirements.

18.7 Export Controls

You agree to comply with all applicable export and import control laws and regulations in your use of the Service.

19. Apple App Store Requirements

19.1 Acknowledgment

If you access Giftlyy via an Apple device:

• These Terms are between you and Fasa Smartech, not Apple
• Apple has no obligation to provide support for the app
• Apple is not responsible for addressing claims related to the app
• In the event of any failure to conform to applicable warranties, you may notify Apple for a refund; Apple has no other warranty obligations
• Apple is not responsible for product liability, legal compliance, or intellectual property claims

19.2 Third-Party Beneficiary

Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance, Apple has the right to enforce these Terms against you.

19.3 Apple Payment Terms

If you make in-app purchases via Apple's payment system, Apple's terms apply to those transactions.

© 2024-2026 Fasa Smartech (Pty) Ltd. All rights reserved.
By using Giftlyy, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.