1GIFT WORLD
ACTING TERMS AND CONDITIONS
ATTENTION --- WE ARE BECOMING A CONSCIOUS BRAND AND OUR FOCUS WILL BE IN RE-PURPOSING AND RECYCLING OF MATERIALS. BEAR WITH US AS THIS IS A NEW JOURNEY AND WE ARE LEARNING NEW THINGS IN THIS BEAUTIFUL JOURNEY
GENERAL INFORMATION
This contract regulates the relationship of ‘1Giftworld’ with all parties associated when conducting business and/or entering into legal contracts
We hereby ask all parties involved to read these Terms and Conditions (T &C); to understand them and how all parties are affected by them before using or accessing the business and its representing website. In any case, if anyone does not agree with the terms and conditions; it is advised to revisit them and consider these T&C as a binding contract for all parties, and which regulate the mutual relationships. This contract has been accumulated, produced, presented and guided by “OUR” mission statement, principles, ethics; “OUR” executive and operational activities, Legislation and all applicable Laws: Local, State and Federal. T&C shall not be subject of non-exclusive jurisdiction of courts of Victoria, Australia.
These websites (1GIFTWORLD.COM.AU/1GIFTWORLD.COM/1GIFTWORLD.COM.NZ) are operated and administered by ‘1GIFTWORLD’ with the purposes of providing access to an online store. By accessing and using the website and doing business with ‘1GIFTWORLD’ you are deemed to have read; to have professionally consulted if need arises; understood and agreed the following terms and conditions. Upon acceptance of T & C all parties are able to conduct business and use the websites for business purposes and legal contractual purposes. This T&C cannot be varied or altered by public or any of the stakeholders. Management will be held responsible for developing, reviewing, amending or changing the terms and conditions continuously without prior notice. Changes to terms and conditions may be subject to public notification. It is the duty of ‘users’ to continuously review all terms and conditions prior to enter in any binding contract. If any of stake holders has any suggestion, concern or any issue in correlation to T&C; one needs to contact management and forward the concern
A-TERMS AND CONDITIONS
1-Parties Involved
- ‘Us’, ‘We’, ‘Our’, ‘Ours’ – refers always to ‘1GiftWorld’ and to its representatives – employees and management
- ‘You’ – refers to all users of ‘1GiftWorld’ who must be registered users; who are able to enter into a legal contract and conduct business; and who can either have the role of buyer, vendor or visitor ‘1GiftWorld’ refers to the business and the entity
- ‘1GiftWorld.com.au and its associating addresses’ refers to the E-Store
- Founder/founders/owner/owners - refers to person/persons that established ‘1GiftWorld'
- Employees – refers to all persons who are employed on salary bases in non – executive
- Staff-refers to the employees of the organisation
- Management - refers to all persons who are employed on salary bases in executive way and that will be capable of undertaking executive business decisions
- Members – refers to all parties who assign for membership and registration and whose relationship is defined within this legal binding document upon having a membership and registration
- Visitors – refers to all persons with limited browsing access
- Stakeholders – refers to all persons, groups, organisations, that have a direct or indirect stake in the organisation
- Users- refers to all users of ‘1GiftWorld’
- Buyers- refers to all users who will conduct a purchase
- Vendors-persons or companies that offer something for sale and whose products will be sold by ‘US’
- Affiliates-an affiliated [attached] person or organisation
2-Membership
- Persons, who are eligible to become members and chose to do so; must complete the membership application form, are assumed to be 18 years and over and legally eligible to enter into a legal binding contract and to be bound by its terms and conditions
- Persons who become members and will exercise membership rights are eligible to invite friends, family and acquaintances to apply for membership. All memberships are free. ‘1GiftWorld’ reserves the right to reject any application for membership and/or to terminate any membership at any time without providing reasons
- When exercising the membership rights all members are deemed to be 18 years and over and; they agree to have understand and upheld these binding terms and conditions in all business
- All members are expected at all times to preserve their membership rights; and they must not disclose their membership details and personal sensitive information to anyone
- All members should not allow anyone else to use their accounts in their behalf at any times
- All members are not allowed to transfer their membership eligibility and rights to another person
- ‘1GiftWorld’ is not held liable to safeguard membership accounts and sensitive details in your behalf. If sensitive information is lost; members are obliged to notify ‘1GiftWorld’ immediately
- ‘1GiftWorld’ will not be held liable if persons that are underage and/or lack eligibility will access the website in behalf of a third party with false identity and will complete a successive transaction
3- Definitions:
- Activities- refers to all activities such as, dealings, products, services and all offerings by ‘1GiftWorld’
- Services/ products- refers to all goods and offerings introduced to public by ‘1GiftWorld’
- Property/Properties – refers to any belongings, possessions, claims, equity, estate, goods, services, holdings, ownership, resources, riches, proprietorship, titles, mastheads – all tangible and non-tangible including intellectual property
- Offeror – All vendors who will offer their products or services via gift cards or vouchers
4- Defining the Binding Contract:
- This is a legal document that construes the relationship of ‘1GiftWorld’ with members, visitors, users, business partners, stakeholders and all parties involved in business dealing and not mentioned here. It is a document that empowers ‘us’ to enforce and/or enact all terms and conditions that are listed here, in this contract, which are binding and agreed upon all parties as basis of relationship amongst all parties involved
- During the use of ‘1GiftWorld’- all parties that agree the usage any of its properties; and that agree to the binding contract of relationship and its T&C; are expected to use ‘1GiftWorld’ and its E-Store ‘1giftworld.com’ and its associating web addresses) as per binding contract and all the T&C of this contract are enforced at all times
- ‘1GiftWorld’ will review this contract of relationships on regular basis and it is expected to change it after thorough investigation and analysis if:
a- The guiding legislation changes
b- ‘1GiftWorld’ enhances further terms and conditions
c- ‘1GiftWorld’ enhances mission statement, principles and ethics
d- ‘1GiftWorld’ changes curse of action
e- ‘1GiftWorld’ innovates business
f- ‘1GiftWorld’ diversifies itself and its activities
g- ‘1GiftWorld’ goes under metamorphosis or remodelling
h- ‘1GiftWorld’ enhances relationship with all parties
i- ‘1GiftWorld’ refines its relationship with all parties
j- ‘1GiftWorld’ makes any changes to its products and services or any other offerings to the public
k- ‘1GiftWorld’ makes any other changes that are not mentioned above
We reserve the rights to refuse registration or cancel an account at any time if a prospect account holder does not agree with this T & C or an account holder is in breach of these T & C or any regulation mentioned here.
5- General Activities
- ‘1GiftWorld’ is a retail store AND unique gifts boutique
Our Products and Services are:
--Design and produce fashion accessories
--Up-style and Re-Design of Vintage
--Lease of dresses
--Use and Re-Purpose of material and fabric that might otherwise end up in landfills - ‘1GiftWorld.com’ and its associated web addresses- is the E-store and represent at all times ‘1GiftWorld’
- All visitors that visit the page have limited browsing rights to review all offers; and they are able to become members if they choose so
- All parties including third parties are not permeated and should not engage in any of the followings at all times:
a. Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, delinquency, pornographic or profane information of any type or any other information that is not mentioned above that is deemed offensive, unethical, or unlawful and that would give rise to civil liability or criminal offence or violate any local, state, national or international Laws and Legislations including all export, import and control Laws, Legislations or other regulations not mentioned here
b. Post or transmit any information or software for which sender is aware or knows or finds out that findings and contents are any harmful components or malware content (viruses, worms, Trojan horses, spyware, or any others threats not mentioned in here and considered malevolent)
c. Post, publish, upload, transmit, reproduce, distribute, copy, download, share information, software, features , ideas, methods, tangible or intangible including intellectual property which are protected by copyright or other proprietary rights
d. Share account and password with any other parties including but not limited to- allowing other parties to have access into ‘Your’ accounts or to un-rightfully obtain access to accounts of other parties which are not registered in ‘Your’ name
e. ‘We’ will not held accountable for any damages, losses or the like caused by unauthorised account access resulting from ‘Your’ actions naming- share ‘Your’ account and/or password with third parties, another party or for not carefully log out when accessing ‘Your’ account
- All parties which will undertake any activities, relationships or dealings with ‘1GiftWorld’ are obliged to obey the T &C, Privacy Policies enacted in this documents; local and international Laws and Regulations (civil or federal), Human Rights Laws
- ‘1GiftWorld’ deserves the right to reject, remove or report to authorities any person, party, act, review, activity at any time if any of the above mentioned persons are in violation of: ‘T & C’, ‘Privacy Policies’, regulations or any Laws of any kind
- Upon uploading the web-page ‘You’ are enable to have limited browsing access – to inform ‘You’ about ‘1GiftWorld’ and its online store and ‘You’ can register should ‘You’ choose to conduct business with the '1GiftWorld'
- Upon registering with the website ‘You’ can exercise your rights according to your registration status and ‘You’ are capable to conduct business and enter into legal contracts
- We do not guarantee that the Website will be free from viruses or that access to the Website/E-store will be uninterrupted
- ‘1Giftworld’website/E-store may contain links to vendors’ websites, stores or services, to third party websites and services where ‘We’ do not possess any control what-so-ever. ‘You’ understand the full extend and agree that we do not endorse, verify, or make any representations regarding these third party websites and services
- ‘1Giftworld’ is automatically excluded from any responsibility for the availability of, and any liability arising from, any such third party websites and services. To the fullest extent permitted by law, ‘1Giftworld’ is not liable to you or any other party for any loss or damage which may be incurred by ‘You’ as a result of dealing with these third party websites and services.
6- Copyright and Trademark
- All information contents on the website/websites are reviewed regularly and may be subject of change, adjustment, correction, development, modification, metamorphosis, remodelling, refinement without prior notice
- ‘1GiftWorld’ is not held liable for any technical, descriptive, topographical or any lapsus contained in description of products and/or services
- All trademark associated intangible assets are trademarks registered by ‘1GiftWorld’ that may be generated internally; acquired by licence; by Government Grant or acquired in business combinations including but not limited to all trademark of logos and/or slogans or any other item not mentioned here that falls under classification of a private trademark
- All items mentioned in these section are proprietary of ‘1GiftWorld’ and any other respective co-producers and/or co-owners
- The entire contents of website/websites (text, design, graphics, interfaces or codes, features, ideas, methods, softwares, application and system software, operating systems, co-websites, media offerings and any other items not mentioned here) that is produced and/or developed by ‘1GiftWorld’ or in co-production with another party; any other tangible or intangible including but not limited to intellectual property - is copyright of ‘1GiftWorld’ and respective co-producers and must not copied, used, published, publicised, advertised in any case
7- E-Communication
- E-communication will be one of the main communication mediums. E-Communication is defined as communication electronically between ‘1GiftWorld’ and its users (registered members, prospective members, vendors and all defined stakeholders). The e-communication will be rich of notices, emails, notifications, FAQ about sales, products, postage information, vendors, fashion, users’ interests and pursues, disclosures, change of terms, promotions, and all information that ‘We’ deem important to be communicated to all users
- In order to be eligible for e-communication one should give ‘US’ consent when registering, becoming members, or agreeing to enter in a legal contract with ‘US’
- Users have the option to opt out of e-communication
- ‘1GiftWorld’ is not held liable if any user has chosen to opt out of E-communication ensuing on limited or no information; and limited knowledge about all latest events and offers resulting on limiting any possible benefits, offers or promotions offered by ‘US’ time to time during operational activities
- ‘WE’ may provide the users the possibility to using ‘OUR’ facilities and ‘OUR’ E-Communication mediums in order to communicate with each-other
- Registered users and/or members are under obligation to refrain from using ‘OUR’ website and/or ‘OUR’ Electronic Medium of Communication for any illegal activities that may endanger our business and our operation activities; and/or activities of our stakeholders including but not limited to infringement rights
- All registered users may engage in product review in a lawful approach
- All registered users must not sent/post messages, post comments, or sent/post/comment reviews of nature such as: political, unlawful, derogatory, abusive
- All registered users must safeguard their personal sensitive information and must not disclose ‘US’ information beyond information needed to conduct business as per Privacy Laws
- All registered users must safeguard their personal sensitive information and must not disclose it to other parties
- All resisted users must not invite unknown parties, which may decline their invitation to use ‘OUR’ services
- ‘Users’ should not use the website and E-Communication to: send unsolicited commercial e-mails, invade the privacy, or violate any personal or proprietary rights including intellectual property rights of anyone be that a person or entity
- ‘Users’ should not misstate, misuse or misrepresent the identity of a user
- ‘Users’ should not use a false e-mail addresses; impersonate and act in behalf of any other person including but not limited to registered users of this site, employees, management, stakeholders
- All registered users and causal users must not use ‘OUR’ information or ‘OUR’ stakeholders’ information by copping, downloading or uploading it as copyrights and infringement Laws and Regulations apply to regulate business activities regarding to owner’s property
- All causal users and registered users must not engage in any kind of advertising, promotions, public relations and/or marketing and promotion tools
- ‘1GiftWorld’ will monitor postings, information, reviews, and messages from time-to-time and may act upon any wrong doings, or wrongful activities
- ‘1GiftWorld’ will not be held liable to investigate the content of information, messages, posts, comments posted/sent into the website addressed to any of the parties
- ‘1GiftWorld’ may refuse to post contents of comments, information, reviews, messages and/or may refuse to delete any of the above
- ‘1GiftWorld’ will not engage in any unlawful conduct and will cooperate with Authorities if any posted content is in breach of any Laws or Regulations
8-Current Products and Reservations
If any of the gift cards/vouchers have any issues when used for goods exchange please contact as soon as possible so we can follow the matter
- ‘1GiftWorld’ will sale hard copies of gift cards, gift vouchers, via the e-store that will be posted to your noted addresses. Where possible gift cards and/or gift vouchers can be bought as soft copies and printed out at the convenience of your location
- A Gift cards and/or gift voucher is a deposit of money and as such must be treated like one
- Gift cards and/or gift vouchers purchased and/or obtained from ‘Us’ and our website are subject to providers' own terms and conditions imposed on to the gift card and/or gift voucher
- ‘1Giftworld’ will not accept any liability if the purchaser and/or recipient of gift cards and/or gift vouchers is unable to redeem a gift card and/or gift voucher within the validity period guaranteed by the provider
- ‘1Giftworld’ will not accept any liability if the goods or services provided in exchange of gift cards and/or gift vouchers are not to the purchaser’s and/or recipient's satisfaction
- The purchaser and/or the recipient of the gift card and/or gift voucher is responsible at all times for the safe keeping of the gift card and/or gift voucher
- ‘1Giftworld’ will not be responsible and liable for any lost or stolen gift cards and/or gift vouchers, or for damaged goods, or for unsatisfactory service received when redeeming a gift card and/or gift voucher
- The products-gift cards/vouchers sold are deemed as end-users products and are only to be used for personal use and/or for gift giving
- The products-gift cards/vouchers sold are not for commercial re-sale
- ‘1GiftWorld’ enters into contractual obligations with the vendors to enforce indemnification of ‘1GiftWorld’ and/or a vendor, and/or a third party directly related of any losses caused by such breach of resale of products commercially
- ‘1GiftWorld’ reserves the right to take action and seek indemnities if there will be any breach of commercial resale
- Persons who will breach the commercial resale clause will held liable to indemnify for any damage, loss or the like.
- ‘1GiftWorld’ deserves the rights to adjust any information that may contain errors or is misrepresented during business operations
- ‘1GiftWorld’ deserves the rights to adjust any information that may contain errors or is misrepresented which has been brought to ‘1GiftWorld’ attention
- ‘1GiftWorld’ may post updates posted regularly; it is ‘Your’ responsibility to check T & C regularly and before entering into a legal contract
9-Order Processing
- Once an order is being placed, ‘BUYERS’ will receive an automatically-generated email which will include a confirmation order and a receipt and/or an order number.
- The Service will provided on an 'as is' and 'as available' basis.
a. ‘WE’ deserve the right to accept or reject ‘YOUR’ order at any time for any reason including, but not limited to: the unavailability of any product, an error in the price or product description, an error in your order, an error that has occurred in behalf of the vendors
b. Any order that is placed will be followed rigorously to be fulfilled but is not an obligation on ‘OUR’ behalf
c. Following the event of order cancellation due to the content of Sect. 9, Subs. A; - the buyer is entitled of a full refund of any outgoing payment
d. ‘1Giftworld’ and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion
e. Only store credit is offered if a buyer has changed the mind about the product, made an incorrect choice, or failed to verify and accurately provide information when placing an Order/purchasing a product
f. Some of the sales may be subject of restriction based on quantity due to some products may lack limitless purchase quantities; to enable a levelled and equal possibility for all buyers to choose a particular product
g. If your order cannot processed or accepted after payment is received, ‘the buyer’ we will contacted you by email or telephone
h. The refund is appropriated to the outgoing amount paid by customers in case when an order has failed to proceed
i. ‘1GiftWorld’ will relentlessly work to prevent the fraudulent use of personal sensitive information in collaboration with all parties involved to establish mutual trust
10-Payment and Prices
- All goods will remain property of ‘1GiftWorld’ until paid in full
- Payment is part of the ordering process; no order is approved until payment is completed
- PayPal and alternative options may be used for the payment when ordering products. An invoice is generated with your email, a hard copy may be sent with your order
- When a product is subject of GST (Goods and Services tax) Act 1999 (Cth); the GST tax will be stated and it will be included in the price of the product
- Buyers are liable to pay any GST imposed by Law at the prevailing rate at the time a contractual obligation takes place
11- Payment Security
- PayPal is the third party that ensures safety of personal and sensitive bank information
- Due to not handling directly ‘YOUR’ bank information we cannot grant warranty of successful safeguard of your information
- ‘1GiftWorld’ will not held liable if your information has been compromised when this information is handled by a third party
- ‘1GiftWorld’ will not be held liable in case of any damages, direct or indirect consequential losses suffered by any of members in case of a credit card used in an unauthorised or fraudulent way
12- Purchases Supply and Delivery
- Business operations will be conducted in Australia: the products are shipped from an Australian business to Australian citizens. Orders are dispatched from 9:00 – 17:00 AU EAS standard time. Orders will be delivered during local business operating hours Australia wide. Orders will be provided by register mail. Receiver needs to discharge a signature proof on all orders received. It is advised that someone be at the delivery address and provide proof receiving order via signature. Contrary, a delivery pick up card will be provided for the receiver by ‘Our’ mailing agent, and the receiver can self-obtain their deliveries from a designated local mailing venue. Receiver must have ID on collection of the mail
- Delivery charges are not included in the price of products, will be charged separately and will be showing in the total amount on payment
- If the delivery is not picked up within the required time the parcel will be sent back to ‘US’. In case of back delivery there will be an order cancellation and the customer will be refunded with the amount of product price excluding the back delivery charges (buyer’s outgoing amount minus two way delivery charges)
- Customers and/or buyers must ensure to put the correct address during a purchase to eliminate any delivery mistakes or any other errors
- Both a mail and a PO box can be listed on the delivery address; must be aware that bulky and heavy items cannot be delivered in a PO box address
- ‘1Giftworld’ will not accept any liability for late service deliveries due to a third party commitment
- If a product has been damaged during the transfer or it was accidentally packed wrongly please inform immediately ‘1GiftWorld’
13- Post Sale Customer Management
- Customers can contact and discuss any issues, suggestions, or any other interests linked to any product or vendor and/or any other suggestion
- The products that are sold generally are covered by a standard guarantee against hidden defects; this guaranty is provided by ‘OUR’ suppliers. Customers must contact ‘US’ before returning a product to verify the benefits from this guarantee
- In case a product is approved for exchange, ‘WE’ will handle the exchange rigorously; however, a product exchange is not warranted due to product availability. In this case the customer is provided with store credit
- The store credit is given limited time to be spent in the store, it is the responsibility of the purchaser/ customers to treat the length of time of store credit diligently and seriously
- The store voucher or store credit cannot be exchanged in monies
14-Manufacturers/producers Warranty
- ‘1GiftWorld’ will not issue any warranty about products offered by third parties
- Producer/manufacturer may provide warranties for some of the products; customers will be provided with relevant information for assistance during the purchase of the products; when and if available, during a product sale customers will be provided with the original producer/manufacturer warranty certificate
- Customer can and must contact the producer/manufacturer to clarify all the entitlements prior to purchase of any products
- ‘1GiftWorld’ is not held liable for any warranties that are not met by producer/manufacturer
15-Limitation of Liability
- In no event ‘1GiftWorld’ or any of its stakeholders, subsidiaries, affiliates, contractors, vendors or any other parties not mentioned here will be held liable for any indirect of special, incidental, or consequential damages; loss of income; loss of profit; loss of contract; loss of data; loss of use; or any kind of losses not mentioned here caused by wrongful acts including negligence; breach of contract, or any wrongful acts not mentioned here – to the extent permitted by Law
- The maximum liability of ‘1GiftWorld’ will not (at all times including but not limited to any circumstances) surpass the contract value of any product at the time of entering into the contract
16-Store Credit
- Customers who may accumulated store credit will be entitled to spent this store credit in any of the products that they may choose
- The store credit is given limited time to be spent in the store, it is the responsibility of the purchaser/ customers to treat the length of time of store credit diligently and seriously
- A store voucher or store credit cannot be exchanged in monies
17-Returns Refunds Policy See Returns and Refunds
18-Exchange Policy
- The exchange of products is not feasible due: 1- to the time lapse from the exchange of product notification, to management approval, to the second selection of another product. During this time, it is expected a considerable amount of stock movement as a result a customer may not be able to find the second selection of desire; 2- The vendors may not be able to provide a second wanted selection due to stock availability
19-No Refund Policy
- Gift cards and/or gift vouchers are deposits of monies and are not subject of return, exchange, or refund due to product nature and specifications
- The customer is liable to carefully choose the gift cards and gift vouchers due to no return, no exchange, no refund policy
- If a buyer has changed the mind about the product, made an incorrect choice, or failed to verify and accurately provide information when placing an Order/purchasing a product; a return (not applicable to gift cards and gift vouchers) may be approved; the buyer is entitled to store credit only
20-Products Return Policy Exclusion
- Gift cards and/or gift vouchers are deposits of monies and are not subject of return, exchange, or refund due to product nature and specifications
- Some product are not subject of return, refund and/or exchange due to their specification, usage, hygiene and Occupational Health and Safety (OHS) reasons. These items are all kind of hosiery, intimates, and clothes with function of close proximity to body. Other products that are subject of no-return are classified as products with contents that are subject of burglary such as CD, DVD, movies, and any digital products that is not specified in this sub-section; all products that may be subject of damage if handled many times such as perfumes ,fragrances, beauty and health products; and liquors and food products
21- Cancellation Policy
- Gift cards and/or gift vouchers are deposits of monies and are not subject of return , exchange or cancellation due to product nature and specifications
22- Dead on Arrival and no Return Basis Products
- All gift cards and vouchers are not subject of return, exchange, cancellation or Dead on Arrival due to due to product nature and specifications
---All other products
- A product is considered to be Dead on Arrival if the product develops a fault excluding a wilful damage and/or customer misuse within 30 days of receive; or shows signs of failure of function and/or usage; or it is found to be broken or damaged when first removed from the original package; could be considered of un-merchantable quality, condition, characteristics, features or parameters; fail to perform manufacturer’s defined function
- A product is considered to be Dead on Arrival if the product fails carry out its usage and/or to perform as advertised
- ‘1GiftWorld’ reserve the right to investigate returned product that are specified in this section; upon finding a misrepresented condition and/or statement in behalf of the customer-‘1GiftWorld’ deserve the rights to impose a penalty
- Products that classify under no-return basis will be specified on the sale and the customer is obliged to investigate all products before a transaction takes place
- Subject of no-return products are; all products that their content may be subject of burglary such as CD, DVD, movies, any digital products that is not specified in this sub-section; all products that may be subject of damage if handled many times such as perfumes, fragrances, beauty and cosmetics; liquors and food products
- ‘1GiftWorld’ reserves the right not approve for return all the products specified in this section; if any products is subject to any warranties imposed by the Statute; it will render this subsection irrelevant
23- Severability/Salvatorious
‘1GiftWorld’ deserves the rights to separate this contract if any regulation, Law, and/or Authorities void any of the terms of this contract and/or render it to be invalid in the light of Law. The remainder of contract is unaffected; it is enforceable; and it is the basis of the relationship of ‘1GiftWorld’ and all parties affected and described here in this contract
24- Order Changes
All gift cards and vouchers are not subject of return, exchange, cancellation, Dead on Arrival, or order changes due to due to product nature and specifications and the process of orders simultaneously
25-Force Majeure
- ‘1GiftWorld’ is not held liable for delays in performing its obligations under this legal contract that regulates ‘Its’ relationships with all parties involved - where the delays are caused by circumstances beyond the reasonable control powers of ‘1GiftWorld’ including but not limited to catastrophes and fires internally or externally, internal or external strike, wars, terrorists acts, internal or external breakdowns or failure, and, in general, any similar event not mentioned here that prevent orders to be processed properly
- ‘1GiftWorld’ reserves the right to the time extension to meet such obligations
- Neither party shall be liable to the other for any failure to perform any obligations under any Agreement and/or under this Contract which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside mutual control, which causes parties to fail to adhere to legal agreement and/or contract entered into. Any party affected by such an event shall forthwith inform the other party of the same and shall use all reasonable endeavours to comply with the terms and conditions of this contract and any agreement contained herein
26-Waiver
Failure of either Party to insist upon strict performance of any provision of this contract and any agreement; or failure of either Party to exercise any right or remedy to which it, he, she or they are entitled here-under- shall not constitute a waiver thereof and shall not cause a diminution of the obligation under this contract and any agreement. No waiver of any of the provisions of this contract or any agreement shall be effective unless is it expressly stated to be as such and signed by all parties involved