PARCELGENIE: TERMS OF SERVICE (User Agreement)

Welcome to ParcelGenie’s Terms of Service (TOS). This TOS covers The ParcelGenie application on Facebook, Twitter and the service on LinkedIn. ("ParcelGenie", "we", "us", "our", “Service”). The ParcelGenie application is owned and operated by ParcelPoke Ltd trading as “ParcelGenie”. By using this application you declare acceptance of the ParcelGenie TOS.

1. ACCEPTANCE OF TERMS.
The ParcelGenie application provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS from within The ParcelGenie application on Facebook, Twitter or from the service on LinkedIn. In addition, by using Facebook, Twitter and LinkedIn to access ParcelGenie, and PayPal, to make payments to ParcelGenie, you agree to their respective Terms of Service. Your continued use of or access to the application shall be deemed acceptance of the terms of use.

2. DESCRIPTION OF SERVICE.
ParcelGenie provides Facebook, Twitter and LinkedIn users an online application for the sending and receiving of physical gifts without either the sender or receiver needing to disclose their personal information to the other person, including their mailing address. Any new features, services, or enhancements by ParcelGenie shall be subject to this TOS.

In order to use the Service, you must have access to the World Wide Web, and pay any service fees associated with such access. Furthermore, you must have a valid and active Facebook account, Twitter profile or LinkedIn profile. To send a gift, you must have a legal means of online payment accepted by PayPal excluding eCheck and possibly other means of payment. By using the Service to send a real paid-for gift, you acknowledge that you have the authority to purchase goods on the World Wide Web, and to use the specific method of payment.

3. YOUR REGISTRATION OBLIGATIONS.
You agree to provide true, accurate, current and complete information about yourself as prompted by the Service's information forms (for example, shipping address). Such information is referred to as the (User Data) hereon. If you provide any information that is untrue, inaccurate, or not current, or ParcelGenie has reasonable grounds to suspect that such information is any of the aforementioned, ParcelGenie has the right to refuse any and all current or future use of the Service (or any portion thereof).

4. Parcel PRIVACY POLICY.
User Data and certain other information about you is subject to our Privacy Policy covering all properties of ParcelGenie. We take your privacy very seriously. Also, we adhere to Facebook, Twitter and LinkedIn Platform Terms of Service. For more information, please see our full privacy policy on the ParcelGenie Help Page (and at various other points throughout the Facebook, Twitter and LinkedIn applications); please also see the Facebook, Twitter and LinkedIn Privacy Policies.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY.
This Service is a Facebook, Twitter and LinkedIn application and relies on Facebook, Twitter and LinkedIn account and profile management. You are responsible for maintaining the confidentiality of your Facebook, Twitter and LinkedIn password, account and profile and are fully responsible for all activities that occur under your account and profile.

6. USER.
You agree to the Facebook, Twitter or LinkedIn Terms of Service.

7. FOR INTERNATIONAL USE.
You agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside.

The delivery of physical gifts through this service is global and includes the United States, Australia, the United Kingdom and Europe.

8. NO RESALE OF SERVICE.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.

9. GENERAL PRACTICES REGARDING USE AND STORAGE.
You acknowledge that ParcelGenie may establish limits concerning use of the Service, including without limitation the maximum disk space that will be allotted on ParcelGenie's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that ParcelGenie has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. You acknowledge that ParcelGenie reserves the right to log off user sessions that are inactive for an extended period of time. You further acknowledge that ParcelGenie reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

10. MODIFICATIONS TO SERVICE.
ParcelGenie reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ParcelGenie shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

11. ERRORS IN ADVERTISEMENTS.
On occasion, a product or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree ParcelGenie is not responsible for such errors or discrepancies.

12. TERMINATION.
You agree that ParcelGenie may terminate your use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if ParcelGenie believes that you have violated or acted inconsistently with the letter or spirit of the TOS. ParcelGenie may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that ParcelGenie may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that ParcelGenie shall not be liable to you or any third-party for any termination of your access to the Service.

13. DEALINGS WITH ADVERTISERS.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that ParcelGenie shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

14. LINKS.
ParcelGenie may provide, or third parties may provide, links to other World Wide Web sites or resources. Because ParcelGenie has no control over such sites and resources, you acknowledge and agree that ParcelGenie is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ParcelGenie shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

15. PARCELGENIE'S PROPRIETARY RIGHTS.
You acknowledge and agree that the Service and any necessary software used in connection with the Service (Software) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by ParcelGenie or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

ParcelGenie grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by ParcelGenie for use in accessing the Service.

16. APPLICABILITY

The Terms of Use are the entire agreement between you and ParcelGenie with respect to the service and use of this application, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and ParcelGenie with respect to the Application (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

17. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. PARCELGENIE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. PARCELGENIE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PARCELGENIE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

18. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PARCELGENIE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PARCELGENIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

19. LIMITATIONS AND EXCLUSIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.

20. NOTICE.
Notices to you may be made via email or regular mail.

21. GENERAL INFORMATION.
The TOS constitute the entire agreement between you and ParcelGenie and govern your use of the Service, superceding any prior agreements between you and ParcelGenie. You are also subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software, including but not limited to Facebook, Twitter, LinkedIn and PayPal. The TOS and the relationship between you and ParcelGenie shall be governed by the laws of the England without regard to its conflict of law provisions. You and ParcelGenie agree to submit to the personal and exclusive jurisdiction of the courts located within the England. The failure of ParcelGenie to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within three months after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal effect.

22. VIOLATIONS.
Please report any violations of the TOS to customer services at customer.services@parcelgenie.com.