Terms of Use

AGREEMENT TO TERMS
‍
‍These Terms of Use govern your access to and use of the GIFT.ed website and platform (collectively, the “Site”), operated by GIFT ED SDN BHD (Registration No. 202101043700 (1444000-U)), a company incorporated under the laws of Malaysia having a business address at WeWork Mercu 2, 38-006, No. 3, Jalan Bangsar, KL Eco City, 59200 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur, Malaysia (“GIFT.ed”, “we”, “us”, or “our”) concerning your access to and use of the https://www.gift-ed.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). 

By accessing or using the Site, you confirm that you have read, understood, and agree to be bound by these Terms of Use, together with any supplemental terms referenced herein and you agree that you will contact us if you have any questions, requests or complaints.

These Terms should be read together with our Subscription and Payment Terms and Privacy Policy.

We may update these Terms of Use from time to time. Where changes are material, we will update the “Last Updated” date and, where required by applicable law, provide reasonable notice. Continued use of the Site after the effective date of any updated Terms constitutes acceptance of those changes.Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply at all times.

‍DEFINITIONS
‍For the purposes of these Terms of Use:
- “User” means any individual or entity accessing the Site.
- “Subscriber” means a User who has purchased, or is authorised to access, a Subscription Plan.
- “Organisation” means an entity purchasing Subscription Plans for its authorised users.
- “Content Provider” means an educator or content creator contributing content to the Site.

‍INTELLECTUAL PROPERTY
‍Unless otherwise stated, the Site and all content, materials, software, designs, text, audio, video, graphics (collectively, the “Content”), as well as all trademarks, service marks, and logos (collectively, the “Marks”), are owned by or licensed to GIFT.ed or its Content Providers and are protected by applicable intellectual property laws.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Site and Content for personal learning and educational purposes, or where applicable, for internal training and professional development, and in each case for non-commercial use only, unless otherwise expressly permitted under these Terms or a Subscription Plan.

The compilation of Content on the Site, including its selection, arrangement, and presentation, is the exclusive property of GIFT.ed and is protected under applicable intellectual property laws.

Except for the limited licence expressly granted above, no rights, title, or interest in the Site, Content, or Marks are transferred to you. Any unauthorised use may result in suspension or termination of access.

‍JURISDICTIONAL USE
‍The Site and its content are provided for general informational and educational purposes only and are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation, or which would subject us to any registration, licensing, or regulatory requirement in that jurisdiction.

Users who access the Site from locations outside Malaysia do so on their own initiative and are responsible for ensuring compliance with applicable local laws, to the extent such laws apply.

‍USER REPRESENTATIONS
‍By using the Site, you represent and warrant that:
- The information you provide is accurate, current, and complete;
- You have the legal capacity and authority to agree to these Terms;
- You are not a minor in the jurisdiction in which you reside;
- You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise
- You will comply with applicable laws and regulations; and
- You will not use the Site for any unlawful, misleading, or unauthorised purpose.

If you are using the Site on behalf of an entity, by using the Site you represent that you have the necessary rights and authority to agree to these Terms of Use on behalf of that entity.

For user generated contents, by creating, submitting, or making available any Contributions through the Site, you represent and warrant that:
- You are the creator and owner of, or have all necessary rights, licences, consents, releases, and permissions to submit and authorise the use of your Contributions as contemplated by these Terms;
- Your Contributions do not and will not infringe or misappropriate any intellectual property, privacy, publicity, or other proprietary rights of any third party;
- Where your Contributions include identifiable individuals, you have obtained all necessary consents to use their name, image, voice, or likeness;
- Your Contributions are accurate and not false, misleading, or deceptive;
- Your Contributions do not contain unsolicited or unauthorised advertising, spam, or other forms of solicitation;
- Your Contributions are not unlawful, obscene, abusive, defamatory, discriminatory, harassing, or otherwise objectionable;
- Your Contributions do not promote violence, threaten harm, or target any individual or group; andYour Contributions comply with these Terms and all applicable laws and regulations.

Any breach of the above may result in suspension or termination of your access to the Site, in addition to any other remedies available under law.

‍USER REGISTRATION
‍You may be required to register an account with the Site to access certain features. You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account.

If you suspect unauthorised access or misuse, you must notify us promptly. We may, acting reasonably, suspend or terminate accounts to protect platform integrity or security.

If we detect that an account is shared by multiple users, we may treat this as a security breach and terminate or suspend your account. We may, acting reasonably, suspend or terminate accounts to protect platform integrity or security.

‍PROHIBITED ACTIVITIES
‍You agree not to engage in any activity that interferes with the operation, security, or integrity of the Site, including but not limited to:
- Unauthorised data scraping, automation, or system interference;
- Impersonation, fraud, or misrepresentation;
- Infringement of intellectual property rights;
- Harassment, abuse, or harmful conduct toward others; or
- Unauthorised commercial exploitation of the Site or Content.Any breach may result in suspension or termination of access.

‍USER-GENERATED CONTENT & ITS LICENSE
‍Where you submit or make available content (“Contributions”), you retain ownership of your Contributions. Contributions may include (but is not limited to) any form of submission such as a chat, participation in blogs, message boards, online forums, and other functionality, and may provide the Content Providers with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material.

By submitting Contributions, you grant us a non-exclusive, worldwide, royalty-free licence to host, use, reproduce, display, distribute, and adapt such Contributions for the purposes of operating, promoting, and improving the Site and related services, including marketing and communications.The Contributions shall be treated as on-confidential and non-proprietary.

You represent and warrant that you have all necessary rights, licences, consents, and permissions to submit the Contributions and to grant the licence described above, including the right for us to make the Contributions available to its partners and through other media or distribution channels.

To the extent permitted by applicable law, you waive any moral rights in your Contributions and confirm that no such rights have been asserted.

You acknowledge that we do not endorse, and are not responsible for, any statements or representations made in your Contributions. You are solely responsible for your Contributions and agree that no compensation is payable to you for any use of your Contributions by GIFT.ed.

We may moderate, restrict, or remove Contributions where reasonably necessary to comply with these Terms, applicable law, or to protect the integrity of the Site.

‍SUBMISSIONS
‍Any questions, comments, feedback, suggestions, ideas, or other information you submit to us regarding the Site or services (“Submissions”) are provided voluntarily and on a non-confidential basis.

You grant GIFT.ed a perpetual, irrevocable, worldwide, royalty-free licence to use, reproduce, modify, adapt, publish, and otherwise exploit such Submissions for any lawful purpose, without acknowledgment or compensation.

You represent that you have the necessary rights to submit such Submissions and waive, to the extent permitted by law, any moral rights therein.

‍REVIEWS AND FEEDBACK
‍The Site may allow Users to post reviews, ratings, testimonials, or feedback (“Reviews”). Reviews must be based on genuine, first-hand experience and must be fair, accurate, and lawful.

When posting a Review, you agree not to submit content that is false or misleading, unlawful, abusive, defamatory, discriminatory, offensive, harassing, or that promotes illegal activity or harm. You must not post Reviews for improper purposes, including (but not limited to) coordinated campaigns, promotional activity, or where you have a conflict of interest.

We do not endorse Reviews and Reviews do not represent the views of GIFT.ed or its affiliates. We are not responsible for the content of Reviews or for any claims, losses, or liabilities arising from Reviews submitted by Users.

We reserve the right, but are not obligated, to review, moderate, restrict, or remove Reviews where reasonably necessary to comply with these Terms, applicable law, or to protect the integrity of the Site.

By submitting a Review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, transferable, and sublicensable licence to use, reproduce, modify, display, distribute, and publish the Review in connection with the operation, promotion, and improvement of the Site and related services.

You are solely responsible for ensuring that your Reviews comply with applicable laws and regulations in your jurisdiction.

‍AI-ASSISTED FEATURES
‍The Site may include AI-assisted tools intended to support learning. AI-generated responses are provided for informational purposes only and may be incomplete or inaccurate. You remain responsible for exercising independent judgment and should not rely on AI outputs as professional, academic, legal, or financial advice.

‍THIRD PARTY WEBSITE & CONTENT
‍The Site may contain, or may link you to, third-party websites, services, applications, or resources (“Third-Party Websites”), as well as content, materials, or items originating from third parties (“Third-Party Content”).

We do not investigate, monitor, or verify Third-Party Websites or Third-Party Content for accuracy, appropriateness, completeness, security, or reliability, and is not responsible for the content, opinions, practices, availability, privacy policies, security measures, or other activities of any Third-Party Websites or Third-Party Content.

The inclusion of, or linking to, any Third-Party Website or Third-Party Content does not imply endorsement, approval, or affiliation by GIFT.ed. If you choose to access Third-Party Websites or use Third-Party Content, you do so at your own risk, and you acknowledge that these Terms of Use no longer govern your relationship with such third parties.

Any interactions, transactions, or purchases you make through Third-Party Websites are solely between you and the applicable third party. We have no responsibility or liability in connection with such transactions, including any products, services, payments, refunds, disputes, or losses arising therefrom.

You are responsible for reviewing and complying with the applicable terms, conditions, and privacy policies of any Third-Party Website or service you access.

To the fullest extent permitted by law, you agree to hold harmless and indemnify us from any claims, losses, damages, liabilities, or disputes arising out of or relating to your access to, use of, or reliance on any Third-Party Websites or Third-Party Content.

‍SITE MANAGEMENT
‍We reserves the right, but not the obligation, to:
- Monitor the Site for compliance with these Terms of Use and applicable laws;
- Take appropriate action, including restricting access, suspending accounts, or referring matters to relevant authorities, where we reasonably believe a User has violated these Terms or applicable law;
- Refuse, restrict, limit, or disable access to any Contributions or content, in whole or in part, where necessary to enforce these Terms, comply with legal obligations, or protect the integrity, security, or proper functioning of the Site;
- Remove or disable content or files that are excessive in size, impose an unreasonable burden on our systems, or otherwise interfere with the operation of the Site; and
- Otherwise manage and operate the Site in a manner designed to protect our rights, property, Users, and technical infrastructure, and to ensure the proper functioning of the Site.

Nothing in this section obligates us to actively monitor the Site or any content.

‍PRIVACY POLICY
‍We are committed to protecting your personal data. Our collection, use, storage, and processing of personal data are governed by our Privacy Policy, available at https://www.gift-ed.com/privacy-policy, which is incorporated into these Terms of Use by reference.

The Site is operated and hosted in Malaysia. By accessing or using the Site, you acknowledge and agree that your personal data will be processed in Malaysia in accordance with our Privacy Policy and applicable Malaysian data protection laws.

‍MODIFICATIONS & AVAILABILITY
‍We reserve the right to change, modify, update, remove, suspend, or discontinue any part of the Site, including its content, features, or functionality, at any time, whether temporarily or permanently, except where required by applicable law.

We do not guarantee that the Site will be available at all times. Access to the Site may be interrupted, delayed, or restricted due to maintenance, updates, technical issues, system failures, or other operational reasons.

We have no obligation to update, correct, or maintain any information, content, or functionality on the Site, or to provide ongoing support, corrections, updates, or releases.

To the fullest extent permitted by law, we shall not be liable to you or any third party for any loss, damage, or inconvenience arising from any modification, suspension, unavailability, or discontinuance of the Site, including any inability to access or use the Site during downtime.

Nothing in these Terms of Use shall be construed as creating any obligation on us to continue operating the Site or any part thereof.

‍TERMINATION & SUSPENSION
‍These Terms of Use remain in full force and effect for as long as you access or use the Site.

Without limiting any other provision of these Terms, we may, acting reasonably and where necessary, suspend, restrict, or terminate your access to the Site, your account, or any portion of the services, with or without notice, where:
- You breach these Terms of Use, the Subscription and Payment Terms, or applicable law;
- Your conduct poses a risk to the security, integrity, or availability of the Site;
- We are required to do so to comply with legal, regulatory, or enforcement obligations; or
- Continued access would expose GIFT.ed, other Users, or third parties to risk or harm.

Termination or suspension may include denial of access, account deactivation, blocking of IP addresses, and removal of associated content, to the extent reasonably necessary.

If your account is terminated or suspended, you may not create a new account or access the Site under your own name, a false or borrowed identity, or on behalf of any third party, unless expressly authorised by GIFT.ed.

Termination does not limit our right to pursue any other remedies available under law, including seeking injunctive relief, civil damages, or referral to appropriate authorities, where applicable.

Any provisions of these Terms which by their nature should survive termination shall survive, including intellectual property rights, disclaimers, limitation of liability, indemnities, governing law, and dispute resolution.

‍DISCLAIMER
‍The Site, Content, Contributions, Submissions, and any services provided through the Site are made available on an “as-is” and “as-available” basis. Your use of the Site and related services is at your own risk.

To the fullest extent permitted by applicable law, we disclaims all warranties, whether express, implied, or statutory, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

We make no representations or warranties regarding the accuracy, completeness, reliability, timeliness, or usefulness of the Site, Content, Contributions, Submissions, or any information made available through the Site, including content originating from third parties.

Without limiting the foregoing, we shall not be liable for any loss or damage arising from:
- Errors, omissions, or inaccuracies in content or materials;
- Personal injury or property damage resulting from access to or use of the Site;
- Unauthorised access to or use of servers, systems, or stored data;Interruption, suspension, delay, or cessation of transmission or availability;
- Bugs, viruses, malware, trojan horses, or similar harmful components transmitted by third parties; or
- Reliance on any content posted, transmitted, or otherwise made available through the Site.

While we may remove or restrict access to content at its discretion, we are under no obligation to monitor, screen, or remove any content, and disclaim liability for any failure to do so to the extent permitted by law.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any linked website, or any banner or promotional material. Any transactions with third parties are solely between you and the applicable third party, and you should exercise independent judgment and caution.

We do not guarantee that you will achieve any particular outcome or result through use of the Site or services.

Nothing in this Disclaimer limits rights that cannot be excluded under applicable law.

‍LIMITATION OF LIABILITY
‍To the fullest extent permitted by applicable law, we shall not be liable to you or any third party for any indirect, incidental, consequential, special, exemplary, or punitive damages, including without limitation loss of profits, loss of revenue, loss of data, loss of use, or loss of goodwill, arising out of or in connection with:
- Your access to, use of, or inability to access or use the Site or services;
- Any conduct or content of any third party, including Content Providers; or
- Any unauthorised access to, use of, or alteration of your content or information.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is not permitted under applicable law.

Any representations, warranties, or guarantees relating to learning content, materials, or services made available through the Site are provided, if at all, by the relevant Content Provider, and not by GIFT.ed.

To the extent liability cannot be excluded, our total aggregate liability shall not exceed the fees paid by you for the applicable Subscription Plan in the twelve (12) months preceding the claim.

‍INDEMNIFICATION
‍To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless GIFT.ed, its subsidiaries, affiliates, and their respective directors, officers, employees, agents, and partners from and against any third-party claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:
- Your Contributions or any content you submit, post, or make available through the Site;
- Your breach of these Terms of Use, including any representations or warranties made by you;
- Your violation of applicable laws or the rights of any third party, including intellectual property, privacy, or publicity rights; or
- Your intentional misconduct, negligence, or harmful acts toward other Users in connection with your use of the Site.

We reserve the right, at its option, to assume the exclusive defence and control of any matter subject to indemnification, in which case you agree to cooperate reasonably with such defence. You will not settle any claim without our prior written consent, which shall not be unreasonably withheld.

We will use reasonable efforts to notify you of any claim subject to indemnification upon becoming aware of it.

Nothing in this section requires you to indemnify us for claims arising solely from our own gross negligence or wilful misconduct, or where such indemnification is prohibited by applicable law.

‍FORCE MAJEURE
‍We shall not be liable to any User for any delay, failure, cancellation, hindrance, or breach in the performance of these Terms of Use or the operation of the Site to the extent caused by a Force Majeure Event.

If a Force Majeure Event continues for a period of more than thirty (30) consecutive days from the date the event first arises, we may terminate the affected services by written notice to you. In such event, our sole liability shall be limited to a refund of any prepaid Subscription Plan fees relating to the unused portion of the subscription, and no further compensation shall be payable.

During the continuation of a Force Majeure Event, we may take such actions as are reasonably necessary to manage the performance, suspension, or limitation of the Site or services, having regard to operational, legal, and safety considerations.

For the purposes of these Terms, a “Force Majeure Event” means any act, event, or circumstance beyond our reasonable control, including but not limited to acts of God, natural disasters, earthquakes, acts or omissions of governmental authorities, war, terrorism, riots, strikes or lockouts, epidemics, pandemics, lockdowns, uncontrolled spread of contagious disease, failures of utilities or telecommunications networks, or any applicable governmental orders, laws, or regulations.

‍USER DATA
‍We maintain certain data that you submit to or generate through the Site for the purposes of operating and managing the performance of the Site.

While we may perform routine backups, you remain responsible for maintaining appropriate copies of any data you submit or generate through your use of the Site. To the fullest extent permitted by applicable law, we shall not be liable for any loss or corruption of such data.

The Site may include features that allow Users to compare progress or performance with other Users (such as leaderboards). By using such features, you consent to the use and display of relevant performance-related information in accordance with our Privacy Policy.

Personal data is handled in accordance with our Privacy Policy. You may access our Privacy Policy available at https://www.gift-ed.com/privacy-policy.

‍ELECTRONIC COMMUNICATIONS
‍Visiting the Site, sending emails to us, and completing online forms constitute electronic communications.

You consent to receiving communications from us electronically, including by email and through the Site, and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the fullest extent permitted by applicable law.

You further consent to the use of electronic signatures, electronic contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or through the Site.

To the extent permitted by applicable law, you waive any rights or requirements under applicable statutes, regulations, or rules that require an original (non-electronic) signature, the delivery or retention of non-electronic records, or the use of non-electronic means for payments or the granting of credits.

‍SANCTION & EXPORT CONTROL
‍You represent and warrant that neither you, nor any entity you represent, is:
- Located in, organised under the laws of, or a resident of any country or territory subject to trade sanctions or embargoes under the laws of Malaysia, including but not limited to the Strategic Trade Act 2010 and the Strategic Trade (Restricted End-Users and Prohibited End-Users) Order 2010; or
- A person or entity designated on any restricted, prohibited, or denied party list issued by the Government of Malaysia pursuant to applicable laws.

If you become subject to any such restriction during your use of the Site or services, you must notify us promptly. We may suspend or terminate your access to the Site and any related services with immediate effect, without liability, to the extent permitted by applicable law.

You agree not to access, use, export, re-export, transfer, divert, or disclose any portion of the Site, Content, Contributions, services, or related technical information or materials, directly or indirectly, in violation of applicable Malaysian export control or trade sanctions laws and regulations.

You further agree not to upload, transmit, or make available any content, software, or technology (including encryption-related information) whose export, transfer, or use is restricted under Malaysian law without the required authorisations.

‍STATUTORY RIGHTS
‍Nothing in these Terms of Use limits rights that cannot be excluded under applicable law.

‍GOVERNING LAW 
‍These Terms of Use and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of Malaysia.

DISPUTE RESOLUTION
‍We are committed to resolving disputes in a fair, efficient, and commercially reasonable manner. To achieve this, the parties agree to follow the resolution framework set out below, which is designed to prioritise good-faith discussion, minimise disruption, and provide a clear and binding mechanism for resolving disputes where informal resolution is not successful:

‍1. Informal Resolution
‍Consistent with the purpose above, before initiating arbitration or court proceedings, the parties shall first attempt to resolve any dispute, controversy, or claim arising out of or in connection with these Terms of Use or the use of the Site (“Dispute”) through good-faith informal discussions.Such informal resolution efforts shall continue for a period of at least thirty (30) days from the date one party provides written notice of the Dispute to the other party, unless the Dispute is resolved earlier or falls within an exception set out below.

‍2. Binding Arbitration
‍Where a Dispute is not resolved through informal resolution within the period specified above, and subject to the exceptions set out below, the Dispute shall be referred to and finally resolved by binding arbitration administered by the Asian International Arbitration Centre (AIAC) in accordance with the AIAC Arbitration Rules in force at the time of the arbitration.
- The seat (legal place) of arbitration shall be Kuala Lumpur, Malaysia
- The arbitration shall be conducted in English
- The arbitration shall be conducted by one (1) arbitrator, unless otherwise agreed by the parties

In order to preserve efficiency and proportionality in dispute resolution, and to the fullest extent permitted by applicable law:
- Arbitration shall be conducted on an individual basis only;
- No Dispute may be consolidated with any other proceeding; and
- No Dispute may be brought as a class action, representative action, or on behalf of the general public or any other persons.

Notwithstanding the foregoing framework, the following Disputes are excluded from arbitration and may be brought directly before the courts of Malaysia, which shall have exclusive jurisdiction:
- Disputes relating to the enforcement, protection, or validity of intellectual property rights;
- Claims involving alleged theft, piracy, unauthorised use, or misuse of data; and
- Claims for urgent injunctive or equitable relief.

If any provision of this Dispute Resolution section is determined to be invalid or unenforceable, such provision shall be severed, and the remaining provisions shall continue in full force and effect.

‍CORRECTIONS
‍From time to time, the Site may contain typographical errors, inaccuracies, or omissions relating to content, descriptions, pricing, availability, or other information. We reserve the right to correct or update such information at any time, without prior notice.

‍MISCELLANEOUS
Entire Agreement
These Terms of Use, together with any policies or operating rules referenced herein or posted on the Site, constitute the entire agreement between you and us relating to your use of the Site.

Any failure or delay by GIFT.ed to exercise any right shall not operate as a waiver of such right.

These Terms of Use operate to the fullest extent permissible by law. 

We may assign any or all of our rights and obligations to others at any time. 

We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any reasons beyond our reasonable control.


‍Waiver of Rights
These Terms of Use shall not be construed against us by reason of authorship. You agree that the electronic form of these Terms of Use and the absence of physical signatures do not affect their validity or enforceability.

‍Severability
If any provision of these Terms of Use is held to be unlawful, invalid, or unenforceable, such provision shall be modified to the minimum extent necessary to be enforceable or, if not capable of modification, severed, without affecting the remaining provisions.

‍No Assignment
We may assign its rights and obligations under these Terms of Use without restriction. You may not assign or transfer any rights or licences granted to you without our prior written consent.

These Terms of Use do not confer any rights, remedies, or benefits on any third party, except as expressly stated. Your account is personal to you and non-transferable, and all rights to access or use the account terminate upon account closure or termination in accordance with these Terms.

‍Relationship of the Parties
Nothing in these Terms of Use creates any partnership, joint venture, employment, or agency relationship.

‍Further Assurances
You agree to take all actions reasonably required to give effect to these Terms of Use.

‍Third-Party Rights
These Terms of Use do not confer any rights or benefits on any third party.

‍Survival
Provisions which by their nature should survive termination shall survive, including intellectual property, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution.

‍Interpretation
Headings are for convenience only and do not affect interpretation. These Terms are not construed against either party by reason of authorship.

‍CONTACT
‍For enquiries or complaints, please contact us at hello@gift-ed.com.

‍2. SUBSCRIPTION AND PAYMENT TERMS

SCOPE
‍These Subscription and Payment Terms govern access to GIFT.ed’s subscription-based services (each, a “Subscription Plan”) and form part of the Terms of Use, Privacy Policy, and Intellectual Property provisions (collectively, the “Terms”).

Subscription Plans may be purchased by individual learners for personal use, or by organisations for use by their authorised users. Where a Subscription Plan is purchased by an organisation, the organisation is the contracting party, and individual learners access the Subscription Plan as authorised users on its behalf.

‍ACCESS TO SUBSCRIPTION PLANS
‍During an active subscription term, we grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the content and features included in your Subscription Plan through the GIFT.ed platform solely for internal learning and professional development purposes during the subscription term.

The scope, features, number of authorised users (if applicable), duration, and fees of a Subscription Plan are determined by the plan selected at the time of purchase or renewal.

You may not share, resell, assign, transfer, or otherwise make available your Subscription Plan or access credentials to any third party. We reserve the right to suspend or terminate access where use of a Subscription Plan violates these terms, applicable law, or GIFT.ed’s policies.All intellectual property rights in the platform, content, materials, software, and methodologies remain the property of GIFT.ed or its licensors. No ownership rights are transferred under these Terms.

‍FREE TRIALS
‍We may offer free trials for selected Subscription Plans. Free trial eligibility, duration, and available features will be disclosed at the time of sign-up.

Unless you cancel before the end of the free trial period, your Subscription Plan will automatically convert to a paid subscription, and the applicable subscription fee will be charged to the payment method provided at the end of the trial period. By signing up for a free trial, you authorise GIFT.ed to charge the applicable subscription fee upon trial expiry.

GIFT.ed reserves the right to modify, limit, or withdraw free trials at any time and to terminate a free trial if eligibility requirements are not met.

‍SUBSCRIPTION TERM & RENEWAL
‍Subscription Plans may be offered on a one-off (fixed-term) basis or on a recurring basis (for example, monthly or annually), as specified in the applicable Subscription Plan and selected at the time of purchase.

Where a Subscription Plan is offered on a recurring basis, it will automatically renew for successive terms of the same duration unless cancelled prior to the end of the then-current subscription term. The applicable subscription fees will be charged using the payment method on file.

Where a Subscription Plan is offered on a one-off or fixed-term basis, the subscription will expire automatically at the end of the stated term and will not renew unless the subscriber elects to purchase or activate a new Subscription Plan.Unless cancelled earlier, access to the Subscription Plan will continue for the duration of the applicable subscription term.

Auto-cancellation will take effect at the end of the current subscription term, and access to the Subscription Plan will continue until that time.

‍FEES, PAYMENTS & TAXES
‍Subscription fees are payable in advance and are exclusive of applicable taxes, duties, or governmental charges, which will be added where required by law.

By providing payment details, you authorise us and our authorised payment service providers to:
- Process subscription payments;
- Store payment credentials securely in accordance with industry standards; and
- Charge recurring subscription fees in line with your selected Subscription Plan.

If your payment method fails, is declined, or a chargeback is initiated and upheld, we may suspend or terminate access to the Subscription Plan until payment is successfully settled.

We may update billing information using information provided by payment service providers and may continue charging updated payment methods in accordance with these terms.

‍PRICING & PLAN CHANGES
‍We may update or modify Subscription Plans, features, or pricing from time to time.

Changes to features, content, or plan structure that do not increase the subscription fees for an active Subscription Plan may take effect immediately.

Any increase in subscription fees for an existing Subscription Plan will apply from the next renewal term, unless:
- The subscriber elects to upgrade, change, or purchase a different Subscription Plan; or
- Immediate application of such changes is required by applicable law.

Pricing changes will not apply retroactively to fees already paid. Where required by applicable law, reasonable advance notice of material pricing changes will be provided.

Continued use of a Subscription Plan following the effective date of any change constitutes acceptance of the updated terms or pricing.

‍CANCELLATIONS & REFUNDS
‍You may cancel your Subscription Plan at any time through your account settings or by contacting us, subject to any applicable Subscription Agreement.

Except where required by applicable law or expressly stated otherwise:
- Subscription fees are non-refundable, and
- No refunds or credits are provided for partially used subscription periods.

This does not affect any statutory consumer rights that cannot be excluded under applicable law.

‍ORGANISATION SUBSCRIPTIONS & USER MANAGEMENT
‍Where a Subscription Plan is purchased by an organisation:
- Access is limited to the number of users included in the selected Subscription Plan.
- The organisation may replace an authorised user where:
-- The user has not activated their account within thirty (30) days; or
-- The user has ceased employment or engagement with the organisation, subject to reasonable notification.

Additional users may be added during a subscription term subject to applicable fees.

‍DATA & PRIVACY
‍Personal data collected in connection with Subscription Plans is processed in accordance with our Privacy Policy and applicable data protection laws.You may access our Privacy Policy available at https://www.gift-ed.com/privacy-policy.

We may use aggregated and anonymised usage data to operate, analyse, and improve its services, provided such data does not identify any individual.

‍CONTENT & PLATFORM AVAILABILITY
‍We do not guarantee the continued availability of any specific content, instructor, feature, or minimum volume of content within a Subscription Plan. Content and features may evolve over time as part of platform improvements.

Unless otherwise required by law or agreed in writing, GIFT.ed does not guarantee the retention of user-submitted content beyond the subscription term.

‍SUSPENSION & TERMINATION
‍We reserve the right to suspend or terminate access to a Subscription Plan where there is a material breach of the Subscription Agreement, non-payment of fees, misuse of the platform, or where required by law.

‍STATUTORY RIGHTS
‍Nothing in these Subscription and Payment Terms limits or excludes rights that cannot be excluded under applicable law.