Terms and Conditions
GIFTEDD SOLOTIONS INC.
[Recently updated: June, 2018]
By using the Platform in any manner, you (the "User" or "you") understand, acknowledge and agree that you will abide by and be bound by the Terms and any and all other terms, conditions, rules, policies or procedures published on the Site from time to time related to User's use of the Platform each as may be amended from time to time by Giftedd. If you do not agree with any of the Terms, or do not meet our qualifications for registering for an account or using the Platform, you should cease and discontinue any and all use of the Platform immediately. As long as you do not cease using this Site and the Services, you will be conclusively deemed to have accepted these Terms.
PLEASE READ AND REVIEW THESE TERMS CAREFULLY BEFORE USING THE SERVICES.
1. GIFTEDD PLATFORM
1.1. Giftedd provides a Platform allowing you to purchase Gift Cards online, for goods and services provided by various businesses ("Merchants"), and send the Gift Card to the recipient of your choice, allowing the recipient to redeem the Gift Card from the relevant Merchant and receive the goods and services ("Goods and Services") offered in the Gift Card.
1.2. Giftedd is a Platform on which you solely purchase the Gift Card. Giftedd does not own the Gift Cards, does not determine the terms and conditions under which they are sold, purchased and/or redeemed, and is not the owner of the Goods and Services offered by the Merchant. Giftedd has no obligation to examine the Merchants, the offers made by the Merchants, the existence of the Goods and Services and assumes no liability with respect to any of the Gift Cards, the existence of the Goods and Services, or the actual consummation of a transaction between you, the recipient and the Merchant.
1.3. Giftedd has no control over the quality or legality of the Goods and Services, and/or the truth or accuracy of the details provided by the Merchant, nor does Giftedd guarantee in any way the consummation of a transaction between the User, the recipient and the Merchant. We do not investigate any Merchant's or User's reputation, conduct, morality, background, or verify the information such user may submit to the Site or appearing on the Sites.
1.4. By using the Platform you hereby acknowledge and agree that Giftedd is not responsible or liable for any of the offered Goods and Services and/or the content of an offer published, posted or uploaded by a Merchant.
1.5. All the Gift Cards are issued by a Merchant through which the Gift Cards are redeemable as set forth below. Please refer to the relevant Merchant from which you decided to purchase the Gift Card using the Giftedd Platform, for additional terms and conditions which apply to your purchase and use of a Gift Card.
2.1. In order to purchase a Gift Card using the Giftedd Platform, Users must first register to create an account. Upon registering for an account, you will receive an account designation and will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time, or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
2.2. By registering as a user of the Giftedd Platform (a) you warrant and represent that any information provided by you at the time of registration is complete, truthful and accurate, (b) you agree to ensure that such information is kept up to date, (c) you represent and affirm that you are at least eighteen (18) years of age or may otherwise lawfully enter into and make binding contracts under applicable law, and (d) represent and affirm that you have the legal capacity to enter into this agreement with Giftedd and that this agreement does not conflict with any other agreements or arrangements between you and any other person or entity.
2.3. If your billing information and payment source is invalid or if payment charged to you are declined, your account may be downgraded, suspended or cancelled without notice, at Giftedd’s discretion.
Giftedd may, in its sole discretion, refuse to offer access to or use of the Platform to any person or entity, and change its eligibility criteria at any time. This provision is void where prohibited by law and this right is revoked in such jurisdictions.
3. USER CONDUCT AND UNAUTHORIZED USES
3.1. Users are solely responsible for reading the full content, purchase terms and conditions of a Gift Card, including any instructions provided by the Merchant before purchasing a Gift Card.
3.2. By using the Platform and without limiting any of the other obligations under these Terms or applicable law, you undertake that you shall not, and shall not permit others:
3.2.1. To interfere with or disrupt the Platform or servers or networks connected to the Platform deny service to, hack, crack, reverse engineer, or otherwise interfere with the Giftedd Platform in any manner, or disobey any requirement, procedure, policy, or regulation of networks connected to the Sites or the Services; To engage in excessive usage of the Platform as determined by Giftedd in its sole discretion, including usage that adversely affects the speed, responsiveness, or functionality of the Platform, or disrupts the availability of the Sites and the Services for other users.
3.2.2. To use the Platform or the Sites for any illegal, immoral or unauthorized purpose, to encourage criminal behavior or conduct that would constitute a criminal offense under any law, or in a manner that could give rise to civil liability or other lawsuit, including but not limited to, using the Platform and/or Sites in order to download content in violation of copyright, for distribution or development of any malware, take any action relating to piracy on the web, etc.;
3.2.3. To attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Platform, Sites, technology or any software thereto;
3.2.4. To use the Platform and/or Sites in a way that infringes or violates these Terms, or infringes or violates the rights of any third party.
3.2.5. Sell, distribute, copy, duplicate, or otherwise reproduce all or any part of our Platform and/or Sites.
3.2.6. Create a database by systematically downloading and storing all or any content regarding the Platform and/or Sites;
3.3. You may not use a Gift Card to purchase other Gift Cards. Gift Cards cannot be reloaded, resold, transferred, assigned or redeemed for cash, or required by applicable law. Any attempt to reload, resell, transfer, assign, or redeemed a Gift Card for cash shall be void.
3.4. You may not violate or attempt to violate the security of any Sites including without limitation, (a) accessing data that is not intended for your use; (b) log on to a server or account that you are not authorized to access; (c) probe, scan or test the vulnerability of any system or network related in any way to a Site without proper authorization; (d) breach security or authentication measures without proper authorization; (e) interfere with service to any host, network, other user, including without limitation, sending unsolicited e-mail, flooding, spamming, mail bombing, or crashing; (f) send promotions and/or advertising products and/or services; or (g) attempt to do any of the preceding (together with the actions detailed in this Section 3 each an "Unauthorized Use").
3.5. Giftedd reserves the right to cancel any Gift Card and/or outstanding balance in the event of an attempt to make a suspected Unauthorized Use, without prejudice to any other rights or remedies to which Giftedd may be entitled with respect thereto.
4. PAYMENT METHODS
Users may use the one of the following payment method of their choice. You may use a valid credit card or debit card, or you use a valid PAYPAL account in order to purchase Gift Cards. If you do not hold a PAYPAL account, you can create a PAYPAL account at the following address www.paypal.com, subject to PAYPAL's terms and conditions.
5. REDEMPTION OF GIFT CARDS
5.1. The Gift Cards are redeemable solely for Goods and Services at the Merchant's retail locations, or at such location as the Merchant makes available. Subject to the terms and conditions hereunder and the applicable law, no fees of any kind will be imposed on purchasers or recipients of a Gift Card.
5.2. Any Goods and Services redeemed using Gift Cards, are the sole responsibility of the Merchant in which your Gift Card was redeemed (including without limitations; the shipping and handling of such products), and Giftedd explicitly disclaims any liability with respect thereto. Cancelations of any purchases made through the redemption of your Gift Card, shall be made solely through the Merchant from which you purchased the Goods and Services, according to such Merchant's purchase and/or return and/or cancelation policies and applicable law, and no refunds shall be made to your Gift Card balance in any such event.
5.3. To view your Gift Card balance, follow the instructions at.www.giftedd.com, or follow the page linked from the email message which notified you of the Gift Card you received.
6. GIFT CARD RETURNS
If you wish to cancel a Gift Card purchase order prior to its delivery, please contact Customer Support prior to the delivery date you have selected during the purchase process at the following address firstname.lastname@example.org. Please note that certain statuary cancelation fees and/or expenses may be charged to you upon cancelation of any Gift Card purchase, and shall be set off any amount refunded to you by Gifted with respect to such cancelation.
7. LOST OR STOLEN GIFT CARDS
7.1. Gift Cards have a monetary value and should be safeguarded accordingly. You are solely responsible for maintaining adequate security and control of any and all passwords, personal identification numbers, or any other codes that you use to access or use your Gift Card. You should also carefully safeguard any physical form of your Gift Card.
7.2. You are solely liable for any loss or damage resulting from the theft and the loss of a Gift Card, and Giftedd explicitly disclaims any liability with respect thereto. If you believe that the confidentiality of any of your user ID and/or passwords has been compromised or that someone has accessed your account without authorization, or someone has copied or stolen your Gift Card, please contact the Giftedd Customer Support immediately at the following address email@example.com. Giftedd does not warrant, represent or undertake to replace any stolen Gift Cards, and it may do so in its sole discretion. Please also note that stolen and/or lost Gift Cards which have been redeemed at any time prior to your notification to Customer Support as indicated above, shall not be replaced under any circumstances. Subject to provisions of these Terms and the sole discretion of Giftedd, lost, stolen (or damaged) Gift Cards which Giftedd elects to replace, shall be replaced only with valid proof of purchase. Please note that certain fees and/or expenses may apply upon the replacement of any lost or stolen Gift Card
8. ACTIONS BY GIFTEDD – UNAUTHORIZED USES
8.1. Without derogating from the aforementioned, in the event Giftedd, in its sole discretion, believes that you may have engaged in any Unauthorized Use as set forth in Section 3 above, Giftedd may, inter alia, act as follows:
(a) Close, suspend, or limit your access to your Gift Card account or the Giftedd Platform.
(b) Contact a Merchant from which Goods or Services are to be, or were redeemed, contact your bank or credit card issuer and/or warn other users, law enforcement, or impacted third parties of your actions;
(c) Update inaccurate Information you provided us;
(d) Refuse to provide Giftedd services to you in the future;
(e) Hold your Gift Card balance if reasonably needed to protect against the risk of liability or if User has violated these Terms;
8.2. Giftedd, in its sole discretion, reserves the right to terminate this Agreement and access to the Platform for any reason and at any time upon notice to you and of any such identified Unauthorized Use.
9. GIFTEDD CONTENT
9.1. Certain content and information provided on and through the Platform including, without limitation, Giftedd's logo, trademark, graphics, design, information, text, images, data, software and other material displayed, available or present on the Giftedd Platform or underlying the Platform, that do not originate from Merchants (collectively, "Giftedd Content"), are the copyrighted and/or trademarked work of Giftedd or its licensors, and may not be used without express written permission from us, other than for attribution.
9.2. Giftedd retains all rights, including any intellectual property rights in the Giftedd Content. You hereby acknowledge that you have no right, title or interest in or to any Giftedd Content, and that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Giftedd Content in any manner.
10. PRIVACY PROTECTION
11. DELIVERY INFORMATION AND REQUIREMENTS FOR GIFT CARD PURCHASERS
All orders of Gift Cards are subject to a process that compares purchaser information provided on the web site / Platform / Sites with information about the purchaser provided by the purchaser's financial institution. If there is a discrepancy, a Gift Card order may be delayed until it can be corrected. We are not responsible for Gift Cards that are undeliverable or not received due to your failure to enter an accurate email address for the recipient. Please check to make sure the email address of the recipient is correct and contact Customer Support if you suspect the recipient did not receive his/her Gift Card. Should an email be returned to us due to inaccurate delivery information for the recipient, we will attempt to contact you for a valid email address.
12. REASONS FOR FAILED DELIVERY
If you have confirmed the recipient's email address but the Gift Card has not been viewed within a reasonable period after the requested delivery date, following is a list of the most common reasons why delivery may have failed:
• Spam filter blocked email or routed it to a bulk/spam folder.
• Recipient's firewall blocked the email.
• Email inbox is over size limit.
• Invalid email address
If a spam filter is blocking firstname.lastname@example.org emails from getting to an inbox, try modifying the email options so that email@example.com emails are not filtered as spam. If you need further assistance, contact our customer support at the following address firstname.lastname@example.org. Please refer to your order number, or be ready to supply your email address.
13. PERSONALIZED MESSAGING
13.1. User may elect to add a personal message which will be sent to the Gift Card recipient along with the Gift Card. If you wish to add a personal message to a Gift Card, simply type your message in the message field on the Gift Card preview. Personal messages are limited in length to the space provided on the Gift Card. There is no additional charge to include a personalized message.
13.2. Giftedd may, but is not obligated to screen and/or review personal message and other content. Giftedd reserves the right, in its sole discretion and without notice, to remove any and all parts of a personal message and other content that is determined by it to violate the Terms, or is determined by Giftedd to be inappropriate, offensive, illegal, or harmful in any respect.
13.3. Without derogating from the above, you hereby represent and warrant that any message or content you upload or distribute through the Platform (i) does not infringe any third party's rights, including any privacy rights, patent, trademark, trade secret, copyright, or other intellectual property right of any party; (ii) is not unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another's privacy, promotes any unlawful activities such as gambling and/or pornography, hateful, or racially, ethnically or otherwise objectionable.
14. NOTICE AND TAKE DOWN
14.1. Giftedd respects the rights of its Users and third parties. If you believe a certain content uploaded or sent through the Platform infringes your rights or the rights of others, including without limitation, intellectual property rights, privacy rights, etc., you should notify us immediately of such content, by sending Giftedd a notice to: [please insert email address for such notices].
14.2. When providing Giftedd with notification of infringing content, please specify the following details:
14.2.1. Identify the material that you claim is infringing, as well as material infringed if any.
14.2.2. Provide information reasonably sufficient to permit Giftedd to contact you (email address is preferred).
14.2.3. Provide information, if possible, sufficient to permit Giftedd to notify the owner/administrator of the allegedly infringing content (email address is preferred).
14.2.4. Provide a statement that it is your good faith belief that the content identified is infringing and that the information you provided is accurate and complete.
14.3. Giftedd may block contested content, and may reinstate it, and shall not be liable for any such action taken in connection with contested content.
15. WARRANTY DISCLAIMERS
USER ACKNOWLEDGES AND AGREES THAT THE PLATFORM AND ANY OF THE PLATFORM'S CONTENT, IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. GIFTEDD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE PLATFORM, THE SITES AND THE SERVICES (INCLUDING CONTENT, PRODUCTS, INFORMATION, SOFTWARE, AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, OR LACK OF VIRUSES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
16. LIMITATIONS OF LIABILITY AND REMEDIES
GIFTEDD’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH GIFTEDD (INCLUDING WITHOUT LIMITATION YOUR USE OF THE PLATFORM) IS TO DISCONTINUE YOUR USE OF THE PLATFORM. GIFTEDD AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITE OR SERVICES FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR REGISTRATION TO THE PLATFORM. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF GIFTEDD HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, GIFTEDD'S LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. GIFTEDD DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THIS SITE. USER ACKNOWLEDGES AND AGREES THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, GIFTEDD WOULD NOT BE ABLE TO OFFER THE SITE OR THE SERVICES.
17. DISPUTES WITH MERCHANTS AND/OR USERS
Should you have a dispute with one or more Merchant(s) and/or Users, you hereby release Giftedd (and Giftedd's officers, directors, agents, subsidiaries, affiliates, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You agree to defend, indemnify and hold harmless Giftedd and its respective officers, directors, employees and agents, from and against any and all damages, claims, demands, actions, judgments, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your violation of any term of these Terms or any other policy or Unauthorized Use; (b) your violation of any third party right, including without limitation any copyright, property, or privacy right; and (c) your violation of any State, Federal or other applicable laws.
19. TERM AND TERMINATION
The Terms are in force with respect to all Users at all times. Notwithstanding the foregoing, Giftedd may terminate these Terms at any time, with respect to all Users, with or without cause, upon notice posted on the Sites. Giftedd may also terminate its agreement, with or without notice, for cause or without cause, upon its decision to remove Gift Card or other content from the Platform that is determined by Giftedd, in its sole discretion, to violate the Terms or any other policy, or to otherwise pose a threat of material harm to Giftedd, Users or any third party.
20.1. We may change these Terms at any time, so please review these pages regularly.
20.2. Giftedd does not guarantee continuous, uninterrupted access to the Platform and operation of the Platform may be interfered with by numerous factors outside Giftedd's control.
20.3. The failure to require performance of any provision shall not affect Giftedd's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.
20.4. References on the Platform to any names, marks, products or services of third parties, or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Giftedd's endorsement, sponsorship or recommendation of the third party, its information, products or services. Giftedd is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk. Also, if you decide to link to a third party site from the Platform, please be aware that your use of the third party site will be governed by such third party's terms and policies, including any policies regarding the collection, use and disclosure of your personal data. It is your responsibility to review any such terms and policies before using any third party site.
20.5. Giftedd may assign this agreement at any time to the successor in interest in connection with a merger, consolidation or other corporate reorganization.
20.6. The Platform and these Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to principles of conflicts of law (whether of the State of Delaware or any other jurisdiction). You agree that all such disputes shall be brought to the exclusive jurisdiction of the competent courts of New York City, New York (and agree not to commence any Litigation relating thereto except in such venues).
20.7. You may give notices to Giftedd by email to email@example.com.