Terms of Service
The use of the services provided on the giftattack website by AppAdvisors GmbH, Oskar-von-Miller-Ring 36, 80333 Munich, Germany, and European Games Group AG, Wiener Platz 7, 81667, Munich, Germany, are exclusively subject to these Terms of Service.
1 Organizing collective gifts based on trust
giftattack is a service on the internet which enables users to give presents to their friends by initiating or participating in giftattacks (gift pools). giftattack is built on trust: every participant of a giftattack will have to pay for her share of the gift through a payment system (PayPal or credit cards). The initiator of a giftattack ("commander") will withdraw the total amount of money to her bank account after the giftattack has been finalized. It's the initiator's responsibility to buy the gift and present it to the giftee. giftattack co-operates with merchants and manufacturers ("partners") of goods and services and will provide he users with gift ideas. Users can add gift ideas from these recommendations (or any other gift idea) to their wishlists. Friends can use the gifts on these wishlists to start giftattacks and therefore make sure that the giftee will be presented with a gift she loves!
2 Trust and the Social Graph Since the participants in a giftattack will either know each other through their social graphs or at least know the commander or one participant, the system is built on the trust in social graphs. giftattack monitors payment histories and gift deliveries carefully and will thus prevent fraud efficiently.
3 Conclusion of the Agreement
To participate in a giftattack the user needs to register at the website or connect via another social network with giftattack. The registration is free.
Only private individuals are entitled to register with giftattack. In order to participate in a giftattack the user needs to be of legal age because this will require access to means of payment such as PayPal or credit cards. giftattack reserves the right to verify the personal data of a user.
To register with giftattack, users need to accept these terms.
Once giftattack accepts a registration the user will receive a confirmation email. giftattack reserves the right to refuse a registration without providing any reason. In this case all data that has been transmitted by the user will be deleted.
Once the registration process has been completed the user can initiate and participate in giftattacks, add gifts to her wishlist, and more.
4 giftattack Services
giftattavk does not generally verify the information, actuality, availability or the applicability for a certain or intended use of the goods and services provided by partners.
Due to maintenance work it may occur that certain functions are temporarily unavailable. giftattack will undertake to resolve any faults or downtimes as soon as possible or legally or economically possible or appropriate. giftattack will timely announce scheduled downtimes.
giftattack may enhance, alter or modify certain features or applications. This may include the partial or total discontinuation of individual functions as long as this does not result in any significant change of giftattack's contractual duties under these terms.
giftattack reserves the right to delegate a part or all of the rendering of the service to affiliated enterprises, third party service providers or agents if necessary.
The registration with giftattack and creating and maintaining user accounts is free of charge.
By starting and/or participating in a giftattack the user will follow the instructions that will guide her through the payment process. For each started giftattack and contribution to a giftattack the user has to specify an amount of money she intends to pay. She then has to pay the money via her PayPal account or credit card. Every payment contains the fees for PayPal (varies from country to country) and the giftattack services (fixed fee: 1 Euro per payment).
After a giftattack has been finished the commander withdraws the collected money from PayPal. She is the person in charge to purchase the gift and present it to the giftee.
6 Rights of Use
For the duration of the contract, giftattack will grant the user the revocable, non-exclusive, non-transferable and non-sub-licensable right to use the services provided by giftattack. No further rights will be assigned to the user. giftattack is enabled to alter the scope of the granted rights if necessary as long this does not constitute a substantial alteration of the services provided under these terms.
7 Data Protection and Personal information
giftattack will not share your personal information with others as defined below.
The basis of each user relationship at giftattack is built on trust. You have chosen to use giftattack, and we guard that relationship with great care, beginning with the personal information you have chosen to share with us.
What personal information we collect
If you register with giftattack directly (and not through your facebook account) we collect for example your username and email-address. If you initiate or participate in giftattacks we collect information as for example, about gifts and payment history.
We may collect additional personal information about you from the following sources:
- Information that you provide to us, such as on applications or other forms, or
- Information about your transactions with us, our affiliates or others.
Our security procedures
To maintain security of customer information, we restrict access to your personal and account information to persons who need to know that information to provide you products or services. We maintain electronic and procedural safeguards to guard information.
What information we disclose
giftattack does not disclose personal information about you to any companies that are not members of our corporate family ("third parties").The confidentiality of your information will continue to be maintained consistent with this privacy notice even if you decide to close your account(s), your account becomes inactive, or when you otherwise cease to do business with us.
We may disclose all of the information we collect, as described above, to third parties that perform marketing services on our behalf. These third parties must agree to strict confidentiality provisions to assure the protection of your information. Because we already limit the sharing of your personal information as outlined above, no action is necessary on your part to limit such sharing.
8 Liability of giftattack
giftattack is not responsible for the availability, pricing, condition, usability, serviceability, legality, applicability to a certain or intended purpose of the goods and services that have been purchased by using money collected through the use of giftatack. giftattack is not the contractor of the respective merchants and will therefore not warrant or take over any responsibility or guarantee for the mentioned goods and services. Any controversy or legal dispute concerning or in relation to the mentioned goods and services must be settled in the relation of the commander and the merchant. giftattack is not responsible for damages which arise because of or in connection with defective or incompatible software or hardware of third parties or for the insufficient availability or flawless operation of the internet.
The execution of some actions at giftattack, such as contributing to a giftattack, can require the utilization of services of third parties such as payment services. These services are not provided by giftattack and are subject to the terms of the respective third party. giftattack is not responsible and will not issue any warranties or is not liable for those third party services. giftattack is not responsible for the accuracy, solvency, credibility, lawfulness of these services of third parties or for timely, correct, or the conduction of payments at all under any contract of payment services between the user and these third parties.