1. Acceptance of Terms
By using the services provided by pendinggift.com (“the Company,” “Pending Gift Studio,” “we,” “us,” or “our”), you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Our store is hosted on Woocommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
2. Description of Services
We offers an online platform for purchasing and sending gifts. Our services include browsing, selecting, purchasing, and delivering gifts to recipients. By using our website, you acknowledge and agree that the gifts are provided by third-party sellers, and we act as a platform to facilitate these transactions.
3. User Accounts
You are responsible for maintaining the confidentiality of your account information, including your password, and are responsible for any activity that occurs under your account.
You agree to provide accurate and up-to-date information during the registration process and to keep your account information current.
4. Purchases and Payments
All purchases made through our website are subject to our Payment Policy, which you can review [link to Payment Policy].
Prices for products and services are subject to change without notice.
5. Intellectual Property
All content on our website, including text, graphics, logos, images, and software, is the property of Pending Gift Studio and is protected by copyright and other intellectual property laws.
6. User Conduct
6.1 You agree not to:
- Use our website for any unlawful purpose.
- Upload, post, or transmit any content that is offensive, illegal, or violates the rights of others.
- Interfere with the security of our website or other users’ accounts.
- Use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- Transmit any worms or viruses or any code of a destructive nature.
- Reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
7. Privacy
Our Privacy Policy explains how we collect, use, and protect your personal information. By using our website, you consent to the practices described in the Privacy Policy.
8. Disclaimers and Limitations of Liability
Pending Gift Studio does not warrant that our website will be error-free, uninterrupted, or secure. You use our website at your own risk.
We are not responsible for the quality, safety, or legality of the gifts offered by third-party sellers.
In no event shall Pending Gift Studio be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of our website or the purchase of gifts through our platform.
9. Termination
We reserve the right to terminate or suspend your account and access to our website at our sole discretion, without notice, for any reason, including if you violate these Terms of Service.
10. Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
- For any unlawful purpose;
- To solicit others to perform or participate in any unlawful acts;
- To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- To submit false or misleading information;
- To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- To collect or track the personal information of others;
- To spam, phish, pharm, pretext, spider, crawl, or scrape;
- For any obscene or immoral purpose; or
- To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
11. Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Pending Gift Studio, our directors, partners, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
12. Indemnification
You agree to indemnify, defend and hold harmless Pending Gift Studio and our parent, partners, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
13. Severability
If any part, term or provision of this Agreement is held to be illegal, in conflict with any law or otherwise invalid, the remaining portion or portions shall be considered severable and not be affected by such determination, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provisions held to be illegal or invalid.
14. Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
15. Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Malaysia.
16. Changes to Terms of Service
We may update these Terms of Service from time to time. Any changes will be posted on this page. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
17. Contact Information
If you have any questions about these Terms of Service, please contact us at pendinggift23@gmail.com