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Terms

1. General

Services are provided by iWish App ("iWish App", "we", "us" and "our") for the purpose of enabling people to create WishList, and to celebrate each other by sending and receiving great Gifts to facebook friends. The terms "you" and/or "user" refers to the person accessing our application and platform (the "iWish App Platform") and using our services ("iWish App Services") or the company or organization on whose behalf a person accesses the iWish App Platform and uses IWish App Services.

In this Agreement (as defined below), "iWish App" means iWish Social Gifting Pvt. Ltd., an Indian Company with corporate identification number U74120MH201PTC226004 and with its registered address at A2/2/1 New Palm Beach Society , Sector 4, Nerul , Navi Mumbai, India - 400706 and iWish Inc., a company registered under the laws of the state of Delaware.

2. The Agreement

  • By registering an account with iWish App (your "IWish App Account") and/or accessing the iWish App Platform from your mobile handset, your computer or other hardware (your "Device"), and/or by accepting to connect the iWish App Platform to your Facebook or other social media/network ("Social Network") account, and/or by at any time clicking "I AGREE" or such other button, link or click-through that signifies your assent to these Terms of Service, you signify your irrevocable acceptance of the agreement to these Terms of Service and to our Privacy Policy (available at http://iWish App.com/privacy), which collectively form a legally binding agreement between you and iWish App (the "Agreement"). Your right to use the iWish App Platform and/or iWish App Services pursuant to the provisions of this Agreement will continue until you remove our software from your Device or terminate your iWish App Account, unless your usage is otherwise terminated by iWish App in accordance with this Agreement. We urge you to read all provisions of this Agreement carefully before accessing the iWish App Platform. If you do not agree to the terms of this Agreement, you may not download the software, access the iWish App Platform or otherwise use iWish App Services.
  • By registering a iWish App Account and accepting the terms of this Agreement, you confirm that you are:
    • At least 18 years of age or
    • Between13 and 17 years of age and using the iWish App Platform and iWish App Services with the permission and consent of your parents or legal guardian.
  • We reserve the right to refuse to register a iWish App Account or to terminate a iWish App Account if these criteria are not met.
  • Your use of the iWish App Platform or iWish App Services on or through a Device owned or controlled by a company, organization or other person indicates your authority to access the same for and on behalf of such company or organization or other person, and you hereby represent and warrant that you have such authority, and agree to be bound by the Agreement. Any such use will evidence the irrevocable acceptance of agreement to this Agreement by you, as well as such company, organization or other person. Additionally, any use of the iWish App Platform or iWish App Services by a company, organization or other person that is undertaken on your behalf, either at your direct or indirect request, direction or authorization, will evidence the irrevocable acceptance of agreement to this Agreement by you.

3. The iWish App Platform and iWish App Services

The iWish App Platform enables friends and family to celebrate each other by giving and receiving real, significant & relevant Gifts. The iWish App Platform enables users to create WishList and share with friends and family and to search for friends WishList to give them the gifs they like. The iWish App Platform and iWish App Services are made available on our website located at http://www.iWishApp.com, in the near future our iPhone & Android mobile, and on Social Networks with which we have partnered and via third-party application stores.

  • Registering Your Account
    • To be able to use iWish App Services, you are required to register a iWish App Account and allow us to connect your Social Network account to the iWish App Platform. When registering for a iWish App Account, you agree to provide only accurate and complete information and to keep this information up-to-date.
    • iWish App relies on the relevant Social Network to authorize you as a user of iWish App Services. You are solely responsible for any and all access to your iWish App Account and the iWish App Platform by persons using your Social Network account. If someone other than yourself accesses your iWish App Account or the iWish App Platform by using your Social Network account or Social Network password, we will rely on that Social Network account and Social Network password and you agree that such access to the iWish App Platform will constitute access made by you personally. If you become aware that your Social Network account or Social Network password is being used without authorization, please notify us immediately by sending an email to support@iWishApp.com.
    • Individuals and entities whose privilege to use iWish App Services has previously been terminated by iWish App may not register for another iWish App Account, nor may you allow any of those individuals or entities to use your iWish App Account on your behalf. Notwithstanding the foregoing, you agree that your use of your Social Network's website is governed by the Social Network's terms of use and its privacy policy, including, without limitation, password and account security policies.
    • By utilizing your Social Network credentials to log into the IWish App Platform or to use the iWish App Services, you expressly authorize iWish App to receive certain of your information that is available on or through your Social Network account, including, without limitation, your profile information, friends or follower names, your photos, privacy settings and certain other information that will be disclosed to you during the log-in process; and you also authorize iWish App to generate and publish on your Social Network news feed and timeline (as applicable) actions you take on the iWish App Platform or while using theiIWish App Services, and to allow you to interact with your Social Network friends on the iWish App Platform or while using the iWish App Services. You agree to allow each such Social Network to receive information concerning the actions you take on the iWish App Platform or your use of iWish App Services. In the event you no longer want the iWish App Platform or iWish App Services to publish your iWish App activity, or want to otherwise limit the ways in which the iWish App Platform or iWish App Services interact with your Social Network account, you can always disable aspects of this feature by changing your Social Network application settings.
  • Sending and Receiving Gifts
    • iWish App enables you to give and receive real gifts to your friends on family on your social network. It is mandatory to registered member of iWish App to give and recieve gifts. However you can initiate a gift for a social network frined who is not a registered app user. The friend however has to register on iWish App to receive the Gift. iWish enables you to give Significant Gifts to your friends by pooling funds with group of friends. The initiator selects and makes a partial contribution to a gift item and invites common friends to Chip-in. The Gift remains open for contribution for 7 days from the day of initiation. On completion of gifting, the gift is shipped. In case the gift remains unfunded at the end of contribution period ( 7 days from the day of initiation) , a Gift Card of value equal to the collected amount minus the applicable service charges is sent via email.
  • WishList
    • iWish App enables users to create and share WishList with their social network friends. There are multiple ways in which a user can create WishList.
      • Importing Amazon WishList
      • Search and Add product via product search bar
      • iWish Product Recommendations
      • Adding product URL from any e-Commerce portal

      While adding products using “Add URL” feature, it is the sole responsibility of the user to ensure that the accurate product price, shipping cost and other product specific details are provided.
  • Social Calendar
    • iWish App social calendar feature ensures that you remember Gifting occasions of close friends and family members. Users can add their close friends to their “Gifting Circle” to receive advance reminder on friend’s birthday and events. Users can also indicate their “Best Buddies” from their various social circles eg. School, Work, Family You receive reminders on their birthdays and events of “Gifting Circle Friends”, “Best Buddies” & Family Members. You will also receive a weekly “Upcoming Birthdays this week" email.
  • Service Charge
    • iWish App charges a 10% service charge on the cost of the product. The service charges covers the transaction cost. The product price displayed is all inclusive.
  • Refunds
    • You can request a refund within 24 hrs of contribution provided the gift has not already been shipped.
  • Incomplete Gifts
    • In the scenarios mentioned below and any other scenarios where we are unable to deliver the gift, a gift card of value equivalent to the fund collected minus the service charges will be sent via email. Scenarios of incomplete gift:
      • Gift remains unfunded at the end of contribution period.
      • Product is out of stock
      • The friend does not confirm the shipping address
      • The product price rises significantly
  • Promotion
    • From time to time we may offer promotional schemes to incentivise users to give gifts The applicable terms will be mentioned in the terms of promotion.

4. Equipment

You are solely responsible for the maintenance of your Device or any other equipment used to access the iWish App Platform and iWish App Services. You are also required to have the most recent version of the software for the iWish App Platform in order to use iWish App Services.

5. Limited License and Conditional Use of iWish App Services

  • iWish App grants you a limited, revocable, non-exclusive, non-sub licensable and non-assignable license to access and use the iWish App Platform and iWish App Services for your personal, non-commercial use, subject to all of the terms and conditions of this Agreement.
  • The limited license above grants you rights for personal, non-commercial use. This section further limits your rights. You should read it carefully.
    • You acknowledge and agree that your personal, non-commercial use means, for the avoidance of doubt, using the iWish App Platform and/or iWish App Services solely for their intended purpose - which is to obtain (and provide to others) gift cards for use with Merchants as more fully described in Section 3 above. You are not permitted to use the iWish App Platform and/or iWish App Services for any other purpose, including, without limitation, to (i) analyze, review or obtain information regarding the functionality, features, content, materials or individual elements of the IWish App Platform or IWish App Services, whether for commercial purposes or otherwise, (ii) develop any service, software or business that competes with, or is similar to, or that imitates, the iWish App Platform or iWish App Services, or any of the functionality, features, content, materials or individual elements thereof, (iii) copy or imitate the business model, look and feel, or other features, functionality, content, materials or individual elements of the iWish App Platform or iWish App Services, (iv) offer or explore the possibility of offering any service, software or business that solicits any of the vendors, Merchants, advertising partners, and customers of iWish App for commercial purposes, including, without limitation, for the purpose of soliciting such parties to engage in commercial activities with your service, software or business, or (v) obtain information regarding end users, advertisers or Merchants.
    • If you violate any portion of Section 5.B.1 above, you acknowledge, agree and confirm that any software, service or business (and any and all revenue therefrom) created, designed or developed by you that is based on or is a derivative work of the IWish App Platform or IWish App Services, or any of the functionality, features, content, materials or individual elements thereof (collectively, a "Commercial Work"), shall be held by you in constructive trust for the benefit of and on behalf of iWish App until such time that such Commercial Work can be duly assigned to iWish App. You expressly acknowledge and consent to such constructive trust, and expressly agree to, upon written notice from iWish App, execute and deliver any and all documents deemed reasonably necessary or appropriate by iWish App to evidence the due assignment to iWish App of any such Commercial Work.
  • Additionally, you may not (i) remove any trademarks, copyright notices or any other notice contained in any content, materials or individual elements provided on or through the IWish App Platform or iWish App Services, (ii) except as expressly permitted in this Agreement, reproduce, download, modify, publish, distribute, transmit, disseminate, broadcast, transfer, license, sell, rent, lease, adapt, create derivative works of, publicly display or perform, or in any other way exploit the iWish App Platform or iWish App Services, or any features, functionality, content, materials or individual elements thereof, (iii) make any commercial use or any derivative use of any of the iWish App Platform or iWish App Services or any of the functionality, features, content, materials or individual elements thereof, or (iv) disassemble, decompile or reverse engineer the iWish App Platform or iWish App Services or any other materials made available on or through the iWish App Platform or iWish App Services or used to provide any of the iWish App Platform or IWish App Services.
  • Your permission to access the iWish App Platform and use iWish App Services and to use the copyrights and trademarks of iWish App under the limited license described above is further conditioned upon your agreement that you:
    • Will comply with all of the terms and conditions of this Agreement;
    • Are solely responsible for your activities on the iWish App Platform and that you will respect other users of iWish App Services in your interactions with them and that you will not submit any content or other materials on the iWish App Platform (including but not limited to chat postings, your Social Network profile information, links and pictures) that:
      • may be considered libellous, fraudulent, misleading, inaccurate, defamatory, pornographic, obscene, vulgar, indecent, abusive, harmful, hateful, threatening, harassing, bullying, tortuous, invasive of another's privacy, or racially, ethnically or otherwise objectionable or unlawful, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law, regulation or standard of conduct;
      • discloses private or personal matters concerning any person;
      • infringe or misappropriate any patent, trademark, trade secret, copyright, privacy, publicity or other rights of any other person or entity;
      • comprise any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
    • Will not use the iWish App Platform or iWish App Services to:
      • harm minors in any way;
      • impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
      • to collect any personally identifiable information, including account names, email addresses, or other such information, for any purpose;
      • intentionally or unintentionally violate any applicable local, state, national or international law, or any rule or regulation having the force of law;
      • provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any business, entity, or other organization competing or intending to compete or exploring the manner in which to compete with the iWish App Platform or iWish App Services or any of the functionality, features, content, materials or individual elements thereof;
      • provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization; or
      • stalk, bully or otherwise harass another;
    • Will not misuse the iWish App Platform or iWish App Services by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful or designed to damage, interfere with, intercept, misappropriate, gain control over or limit the functionality of any computer, computer network, communications device, communications system, data or personal information;
    • Will not attempt to gain unauthorized access to, interfere with or disrupt the iWish App Platform, the servers on which it is stored, hosted or operated, or any server, computer or database connected to the iWish App Platform;
    • Will not attack the iWish App Platform via a denial-of-service attack or a distributed denial-of-service attack;
    • Will not attempt to harvest or collect any information about or regarding other users, including, but not limited to any personal data or information;
    • Will not engage in web scraping, database scraping or any other activity for the purpose of obtaining content, data or other information from the iWish App Platform or iWish App Services;
    • Will not perform any meta-search or automated queries of the iWish App Platform or iWish App Services or of any of the content or other materials thereon;
    • Will grant to iWish App and other users of iWish App Services the right and license to use, reproduce, distribute, prepare derivative works of and display the content and materials submitted by you on the iWish App Platform or iWish App Services;
    • Will not attempt to use multiple identities, iWish App Accounts or Social Network accounts, on the iWish App Platform;
    • Will not in any other way try, or allow others, to circumvent the restrictions set forth in this Section or elsewhere in this Agreement.
    • iWish App reserves the right, in its absolute discretion, to determine if your iWish App Account registration and your submission of content or other materials are made from a legitimate and valid Social Network account and if your conduct on the iWish App Platform complies with the provisions of this Agreement. iWish App may cancel and remove any Gifting Effort that iWish App suspects have been in violation of this Agreement, iWish App's security policies or applicable laws, such as Gifting effort for what iWish App determines to be a "passive" Social Network account. iWish App reserves the right to suspend, block or terminate any IWish App Account that iWish App, in its sole discretion, considers to be used in violation of this Agreement, iWish App's security policies or applicable laws. Any such action will be without limiting any of iWish App's other rights and remedies.

6. Non-Confidentiality, Security and Privacy

  • You agree and acknowledge that the information that you submit to IWish App, such as chat postings, your Social Network profile information, links and pictures, is submitted for the purpose of disclosure in a variety of ways by IWish App. Such information may therefore be disclosed to our participating Merchants for commercial purposes, but we will not disclose any Credit Card Information or personal greeting messages that you submit when contributing to a gifting effort. Our Privacy Policy explains how we collect, use and disclose information that pertains to your privacy. By entering into this Agreement, you agree to the terms set out in our Privacy Policy, which forms an integral part of this Agreement. For full details, please refer to our Privacy Policy available athttp://www.iWish App.com/privacy.
  • In order to improve our service offering to you, we may use or disclose the communication between you and iWish App, such as emails and other correspondence. By entering into this Agreement you agree that such information is considered non-confidential and non-proprietary.
  • It is our ambition to make your use of the iWish App Platform and iWish App Services a great experience. To ensure that, our representatives and technology may monitor and/or record your activities when using iWish App Services (including, without limitation, chat postings). You hereby consent to such monitoring and recording. We have the right, but not the obligation, in our sole discretion, to edit, refuse to post or remove any inappropriate content submitted on the iWish App Platform.
  • Though we strive to enforce these rules with all of our users you may, when using the iWish App Platform and iWish App Services, be exposed to content that violates our policies and which may be considered offensive. We may, but are not obligated, to terminate iWish App Accounts and/or remove content from the iWish App Platform if we determine or suspect that such accounts violate the terms of this Agreement or applicable laws. We take no responsibility for your exposure to content on the iWish App Platform whether it violates our content policies or not.

7. Third-Party Websites

The iWish App Platform links to websites and/or applications which are operated and owned by third parties. Such links do not constitute an endorsement by iWish App of those third-party websites. The content on these websites and/or applications is provided by the relevant third party and is not subject to the terms of this Agreement or our Privacy Policy. Therefore, we do not assume any responsibility for the content, policies or practices of such websites or third parties. By entering into this Agreement you relieve us from any and all liability arising from your use of any third-party websites and/or applications.

8. Linking to the iWish App Platform

You may link to the iWish App Platform, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation. You may not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You may not establish a link from any website that is not owned by you. We reserve the right to withdraw linking permission without prior notice.

9. No Warranties and Limitation of Liability

This section limits our warranties, obligations and liability to you. You should read it carefully.

  • We provide access to the iWish App Platform and iWish App Services on an "as is" and "as available" basis. iWish App gives no express, implied or statutory warranty as to the content, quality, availability, function or fitness for a specific purpose of the iWish App Platform and iWish App Services or non-infringement of third-party rights with respect to the iWish App Platform and iWish App Services. Neither does iWish App warrant the content or quality of any third-party website and/or application to which the Wrap Platform links or the products or services provided by a third party through its website and/or application. Furthermore, we may not be held liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your Device, programs, data or other proprietary material due to your use of the Wrap Platform.
  • Commentary and other materials posted on the iWish App Platform are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any users of the iWish App Platform, or by anyone who may be informed of any of its contents.
  • Your sole and exclusive remedy for any dispute with us is to discontinue your use of the iWish App Platform and iWish App Services. To the fullest extent permitted by applicable law, neither iWish App nor any of its affiliates accept any liability for direct, indirect, special, punitive, incidental, exemplary, consequential or other damages or losses of any kind arising from or relating to your access to the iWish App Platform or your use or inability to use iWish App Services, regardless of the legal theory on which any such damages may be based and whether or not iWish App or its affiliates have been advised of the possibility of any such damages. iWish App's and its affiliates' aggregate liability under this Agreement shall be limited to USD$101.

10. Indemnity

This section obligates you to indemnify and protect us for activities caused by you. You should read it carefully.

You agree to indemnify and hold iWish App, and its affiliates, successors, assigns, officers, directors and employees, and their respective affiliates, successors, assigns, officers, directors and employees, harmless, to the extent permitted by mandatory law, from and against any and all claims, damages, obligations, losses, liabilities, judgments, settlements, costs and expenses (including reasonable attorneys' fees and costs) arising from or relating to (i) your access, use or misuse of any of the iWish App Platform or iWish App Services, (ii) your breach or alleged breach of this Agreement, or (iii) any violation by you of any applicable laws or of any rights of others, including, without limitation, your violation, misappropriation or infringement (or any allegation thereof) of any third party right, or any right of iWish App, including, without limitation, any copyright, trademark, patent, trade secret, property, privacy or other intellectual property or proprietary right.

11. Intellectual Property

  • You acknowledge and agree that iWish App and our licensors retain all right, title, ownership and interest in and to the iWish App Platform and iWish App Services, including, without limitation, all data, information (excluding data and information that you provide), content and materials provided on or through the iWish App Platform and iWish App Services (including, without limitation, text, software, images, photographs, videos, graphics, scripts, page headers, sounds, interactive features, the selection and arrangement of elements displayed on or through the iWish App Platform and iWish App Services, the compilation of all content and materials on the iWish App Platform and iWish App Services, and the business process, procedures, methods and techniques used in or in connection with the iWish App Platform and iWish App Services) and all associated patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world. All use of those rights, including those intellectual property rights, is forbidden, except for the limited right to use the iWish App Platform and iWish App Services in accordance with this Agreement.
  • iWish App and the iWish App logos are the trademarks of iWish Social Gifting Pvt.Ltd. (our parent company), and all other proprietary trademarks, service marks, trade names, slogans, logos, and other indiciation of origin that appear on or in connection with the iWish App Platform or iWish App Services are the property of iWish Social Gifting Pvt. Ltd. iWish App's intellectual property, including, without limitation, its trademarks and trade dress, may not be used in any manner that is likely to cause confusion among users, or in any manner that disparages iWish App. All rights are expressly reserved.
  • You are solely responsible for the content you submit on the iWish App Platform and you agree that you have the required intellectual property rights for such content. However, iWish App reserves the right to remove any content you submit that iWish App may suspect constitutes an infringement of any such intellectual property right.
  • When you submit content on the iWish App Platform or send email or other information to iWish App, you grant iWish App a non-exclusive, sub-licensable, transferable, assignable, irrevocable, perpetual, fully paid, worldwide license to use, copy, display, modify, make derivative works of or otherwise dispose of or exploit in any form or medium any such content and information for any purpose.
  • We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner's agent and find content or materials that infringe upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act. To do so, please provide our Copyright Agent with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • When you submit content on the iWish App Platform or send email or other information to iWish App, you grant iWish App a non-exclusive, sub-licensable, transferable, assignable, irrevocable, perpetual, fully paid, worldwide license to use, copy, display, modify, make derivative works of or otherwise dispose of or exploit in any form or medium any such content and information for any purpose.
  • We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner's agent and find content or materials that infringe upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act. To do so, please provide our Copyright Agent with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. iWish App's designated Copyright Agent to receive notifications of claimed infringement can be reached at:
  • Attn: Copyright Agent
  • iWish Social Gifting Pvt. Ltd.
  • A2/2/1 New Palm Beach Society
  • Sector 4, Nerul 987 University Avenue, Suite 6
  • Navi Mumbai, MAH - 400706, India
  • support@iwishapp.com
  • You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

12. Electronic Communications

The communications between you and iWish App are done by the use of electronic means, whether you visit the website, access the iWish App Platform or send us email, or whether IWish App posts notices on its website or communicates with you via email. For contractual purposes, you (i) consent to receive communications from iWish App in electronic form and (ii) agree that all terms and conditions, agreements, notices, disclosures and other communications that iWish App provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

13. Changes to the Agreement

iWish App may, from time to time and at its own discretion, change the terms of this Agreement. Any such change becomes effective when posted on iWish App's website. It is your sole responsibility to check for changes and your continued use of iWish App Services will constitute your acceptance of such changes. Should you not agree to a change of this Agreement, you must cease to access the iWish App Platform and cease to use iWish App Services.

14. Term and Termination

  • This Agreement will become effective between you and iWish App from the moment you agree to allow the iWish App Platform to connect to your Social Network account by creating a iWish App account. Should you be dissatisfied with iWish App Services or the content on the iWish App Platform, or should you for any other reason want to terminate your iWish App Account, you are entitled to do so without prior notice by removing the software from your Device or terminating your iWish App Account. The termination of your iWish App Account will have immediate effect, however, the provisions of Sections 1, 2, 5.B, 5.C, 5.D, 5.E, 6, 7, 9, 10, 11, 12, 14, 16, 17 and 18 will survive any such termination.
  • iWish App reserves the right to change or discontinue the iWish App Platform or any of the iWish App Services at any time without prior notice. iWish App also reserves the right to terminate your iWish App Account at its election and for any reason, without prior notice, and/or to terminate or suspend your iWish App Account at any time and with immediate effect, if your use of iWish App Services is in violation of the terms of this Agreement, iWish App's security policies or any applicable laws. Any Gift initiated for you prior to termination will be honoured in accordance with the terms applicable to that specific Gifting Effort and the terms in this Agreement, except in cases where iWish App is entitled to cancel or remove a Gifting Effort in cases involving fraud, money laundering or other criminal activities.

15. Customer Support

Support is provided and complaints are handled online by iWish App. To direct any questions, complaints or suggestions to iWish App please email support@iWishApp.com. You may also contact us by mail at:

iWish Social Gifting Pvt. Ltd. , A2/2/1 New Palm Beach Society, Sector 4, Nerul, Navi Mumbai 400706 India

16. Entire Agreement

This Agreement, along with our Privacy Policy (available at http://www.iWishApp.com/privacy), the terms and conditions for any specific Gifting Effort or Gift Card and any other legal notices and terms published by iWish App on the iWish App website, constitutes the entire Agreement between you and iWish App.

17. Severability

If any provision of this Agreement is determined to be too broad to be enforceable, that provision shall be narrowed to the extent necessary to make it enforceable and then enforced to the maximum extent permissible by law. If any provision of this Agreement is determined to be invalid or unenforceable and cannot be saved by narrowing construction, or otherwise revised to be valid and/or enforceable while still keeping the meaning and intent of the given provision and this Agreement as a whole, then such invalid or unenforceable provision shall be severed from this Agreement and shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement, all of which shall remain in full force and effect.

18. Governing Law and Disputes

  • Governing Law; Attorneys' Fees. This Agreement shall be governed by and construed in accordance with the laws of the United States of America and the laws of the State of Delaware, without giving effect to any of its conflict of law principles. Except as provided in Section 18.B below (and claims proceeding in any small claims court), all disputes arising out of or related to your use of the iWish App Platform or iWish App Services shall be subject to arbitration or, where not required by this Agreement to be arbitrated, to the exclusive jurisdiction of the state and federal courts located in Delaware and you agree to submit to the personal jurisdiction and venue of such courts. If you are a consumer and access the iWish App Platform or iWish App Services for entirely non-commercial purposes from, and are a resident of, the European Community you may have other or additional mandatory rights or remedies by law. In the event any litigation is brought by you or iWish App in connection with this Agreement, the prevailing party in such litigation will be entitled to recover from the other party all the reasonable costs, fees and other expenses incurred by such prevailing party in the litigation.
  • Dispute Resolution This Section 18.B includes a mandatory arbitration provision for certain claims. The claims to which this section applies are described below. This section limits your rights. Specifically, you understand that you and iWish App are waiving the right to sue in court and have a jury trial for certain claims.
    • Claims.
      • All disputes, controversies or claims related to this Agreement (i) that, with respect to any single plaintiff (whether you or iWish App), involve a claim for monetary damages actually incurred by that plaintiff alone of less than USD$10,000.00, or (ii) that involve any form of consumer complaint or dispute regarding the iWish App Platform or iWish App Services (each, a "Claim") are subject to the provisions of this Section 18.B concerning negotiations and binding arbitration.
      • For clarification, you and iWish App agree that the following disputes, controversies or claims are not deemed to be "Claims" under this Agreement and therefore are not subject to the provisions of this Section 18.B: (i) any disputes, controversies or claims seeking to enforce or protect, or concerning the validity of, or based on any violation or infringement of, any of your or iWish App's intellectual property rights; (ii) any disputes, controversies or claims related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; (iii) any disputes, controversies or claims related to this Agreement that, with respect to any single plaintiff (whether you or iWish App), involve a claim for monetary damages actually incurred by that plaintiff alone equal to or greater than USD$10,000.00; (iv) any disputes, controversies or claims related to your impermissible commercial use of the iWish App Platform or iWish App Services, and/or (v) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such courts' jurisdiction in lieu of arbitration. As some jurisdictions do not allow for some of the dispute resolution provisions set forth in this Agreement, some of these provisions may not apply to you.
    • Negotiations.
      • Before initiating any arbitration or court proceeding, you and iWish App agree to first attempt to negotiate any Claim (except those disputes, controversies or claims expressly provided in Section 18.B.1.b above) informally for at least thirty (30) days. Negotiations will begin upon written notice. iWish App will send its notice to your billing or other physical address (if on file with iWish App) and email you a copy to the email address you have provided. You will send your notice to iWish Social Gifting Pvt. Ltd. A2/2/1 New Palm Beach Society, Sector 4, Nerul, Navi Mumbai 400706, India.
    • Binding Arbitration.
      • If the parties fail to resolve a Claim through negotiations within the above thirty (30) day period, you and iWish App agree that, except as provided in Section 18.B.1.b, all Claims will be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party will be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the "JAMS Rules") and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Section 18.B.3 and the JAMS Rules, the terms in this Section 18.B.3 will control and prevail.
      • Except as otherwise set forth in Section 18.B.1.b, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator's decision regarding the Claim, the award given and the arbitrator's findings and conclusions on which the arbitrator's decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Agreement, (i) you and iWish App may litigate in court to (I) compel arbitration or other specific performance, (II) stay proceedings pending arbitration, (III) obtain, on an interim basis (and in aid of the arbitration either to be initiated or already in process between the parties), injunctive relief, (IV) receive other appropriate equitable recourse of a provisional, precautionary or conservatory nature, or (V) confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator's decision will be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
    • Arbitration Fees.
      • If you initiate arbitration for a Claim, you will only need to pay an arbitration initiation fee of $250 and we will pay all other costs charged by JAMS for initiating the arbitration. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules. Notwithstanding Section 18.A, you will not be required to pay our fees or other costs if you do not prevail in the arbitration.
    • Location.
      • The arbitration will take place in your hometown area if you so notify iWish App in your notice of arbitration or within ten (10) days following receipt of iWish App's arbitration notice. In the absence of a notice to conduct the arbitration in your hometown area, the arbitration will be conducted in Mumbai, India unless the parties agree to video, phone and/or Internet connection appearances.
    • Limitations.
      • You and iWish App agree that any arbitration will be limited to the Claim between iWish App and you individually. YOU AND IWISH APP AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION WILL BE JOINED WITH ANY OTHER.
    • Severability.
      • If Section 18.B.1.b above is found to be illegal or unenforceable then neither you nor iWish App will elect to arbitrate any dispute, controversy or claim falling within that portion of Section 18.B.1.b above found to be illegal or unenforceable and such dispute, controversy or claim will be exclusively decided by a court of competent jurisdiction within the State of Delaware, United States of America, and you and iWish App agree to submit to the personal jurisdiction of that court.
    • Injunctive Relief.
      • Notwithstanding the other provisions of this Section 18, in any dispute, controversy or claim, you and iWish App acknowledge that remedies at law may be inadequate to provide full compensation in the event of a material breach relating to one of your respective obligations (including, without limitation, involving the intellectual property of a party) and/or representations and warranties hereunder, and the non-breaching party shall therefore be entitled to obtain injunctive relief in the event of any such breach, without having to prove damages or post a bond.

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