TERMS OF SERVICE

These Terms of Service were last updated on September 1, 2023

These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and MYSANTA PTE. LTD. Company Registration No: 202335845W (as defined below) governing your access to and use of www.mysanta.co, the Mysanta website, including any subdomains thereof, and any other websites through which Mysanta makes the Services available (collectively, "Website"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Services"). The Website, Application and Services together are hereinafter collectively referred to as the “Site”.

Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Site, you agree to comply with and be bound by these Terms.

Please note: Section 11 of these Terms of Service contains an arbitration clause and class action waiver that applies to all Users. If you reside in the United Kingdom, this provision applies to all disputes with Mysanta. If you reside outside of the United Kingdom, this provision applies to any action you bring against Mysanta in the United Kingdom. It affects how disputes with Mysanta are resolved. By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

When these Terms mention “Mysanta,” “we,” “us,” or “our,” it refers to MYSANTA PTE. LTD. Company Registration No: 202335845W.


1. Scope of Services

1.1 The Site is an online platform that enables users (“Users”) to connect with friends and family to simplify gift giving, and to perform related activities and receive related services (the “Purpose”).

1.2 If you choose to use the Site as a User, your relationship with Mysanta is limited to being an independent user, and not an employee, agent, joint venturer or partner of Mysanta for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Mysanta.

1.3 The Site may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Mysanta is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Mysanta of such Third-Party Services.

1.4 Due to the nature of the Internet, Mysanta cannot guarantee the continuous and uninterrupted availability and accessibility of the Site. Mysanta may restrict the availability of the Site or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Site. Mysanta may improve, enhance and modify the Site and introduce new Services from time to time.

2. Registration, Eligibility, Using the Site, User Verification

2.1 You may be required to register with Mysanta in order to access and use certain features of the Site or the Services. If you choose to register, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Site’s registration form. Registration data and certain other information about you are governed by our Privacy Policy.

2.2 You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Mysanta of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Site. Mysanta will not be liable for any loss or damage arising from your failure to comply with this Section 2.2.

2.3 Use of the Site is not available to persons under the age of 13. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your country of residence), you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.

2.4 You must be at least 18 years old and able to enter into legally binding contracts to register a Mysanta account and use certain Services associated with such registered account. By registering a Mysanta account, you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.

2.5 Mysanta may make the access to and use of the Site, or certain areas or features of the Site, subject to certain conditions or requirements, such as completing a verification process or meeting specific quality or eligibility criteria.

3. Social Networking Services

You may enable or log in to the Site via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Site, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Mysanta’s use, storage and disclosure of information related to you and your use of such services within Mysanta, please see our Privacy Policy at www.mysanta.co/privacy. Please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third party Social Networking Services, and Mysanta shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Site. In addition, Mysanta is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. Mysanta enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

4. Modification of These Terms

Mysanta reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Site. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Site will constitute acceptance of the revised Terms.

5. Content

5.1 Mysanta may, at its sole discretion, enable Users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Site ("User Content"); and (ii) access and view User Content and any content that Mysanta itself makes available on or through the Site, including proprietary Content and any content licensed or authorized for use by or through Mysanta from a third party ("Content" and together with User Content, "Collective Content").

5.2 The Site, Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United Kingdom and other countries. You acknowledge and agree that the Site and Content, including all associated intellectual property rights, are the exclusive property of Mysanta and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Content or User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Mysanta used on or in connection with the Site and Content are trademarks or registered trademarks of Mysanta in the United Kingdom and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site or Collective Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms or in any other agreement entered into between you and Mysanta. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Mysanta or its licensors, except for the licenses and rights expressly granted in these Terms.

5.4 Subject to your compliance with these Terms, Mysanta grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Site and accessible to you, solely for your personal and non-commercial use.