The gift cards from the Merchants (as defined below) (“Gift Cards”) that are to be used as the basis of the gifts or purchased are sold and distributed by GiftBanc. By placing an order for or contributing to a Gift Card, you agree to purchase the Gift Card (or contribute to the Gift Card, as applicable). Once you've completed your payment, you will receive a confirmation of the payment and your selected payment method will be charged for the amount of the portion of the Gift Card value and fees charged (if any) for using the Platform Service to facilitate the purchase of, or contribution to, the Gift Card. Once the payment(s) is confirmed, the Gift Card will be sent to you or the Recipient or applied to a Group Gift (as defined below) using the GiftBanc Platform Service. Additional measures may be necessary to ensure the authenticity of your transaction and your payment information.
Unless otherwise stated at the time a Gift Card is purchased, the Gift Card price does not include sales taxes, which may be charged to you separately by the Merchant at the time the Gift Card is redeemed. For purposes of these Terms, “Merchant” means those Merchants whose gift cards are available for purchase on our website.
When you register and create an account by creating a registry , making a purchase, sending a gift or making a contribution to any GiftLink Technology occasion you agree: (a) to submit your own valid email address, (b) to create a User name and password, if required; (c) that all information that you submit will be accurate and not misleading; (d) to keep confidential all aspects of your account including your User name and password; (e) that you are responsible for any and all uses of your account, whether or not you've authorized such use; (f) to keep confidential all aspects of other Users' account information that you may have access to; (g) to immediately notify us of any unauthorized use of your account; and (h) that you will not use the Platform Service for any unlawful or otherwise prohibited activity.
GiftBanc Platform Service
The Platform Service may allow you to easily purchase Gift Cards for yourselfor someone else. Gift Cards may be delivered to the Recipient via email, or mobile application. All aspects regarding the use and redemption of Gift Cards are subject to the applicable Merchant’s policies (see Gift Card section below). To use the Platform Service, a User must create an account with GiftBanc and may have the option to create a password to access the account. To purchase or contribute to the purchase of a Gift Card, a User will choose a Recipient, choose a purchase amount, optionally personalize the gift and complete the purchase process. To purchase you must use a valid payment method, such as a credit card or accepted alternate payment method.
You should not authorize any other person or entity to use your unique User ID. You are responsible for preventing such unauthorized use. You are solely responsible for any and all access to the Site and your use of the Platform Services. If you become aware of any unauthorized activity, you agree to notify us immediately.
Although the Platform Service may enable you to purchase or contribute to the purchase of a Gift Card, the only transaction that you will have with GiftBanc is for your payment toward the Gift Card and fees charged (if any) for using the Platform Service. We do not have any control over the intended Recipient, or any other Users of the Platform Service, nor do we have any control over the Merchant. Consequently, we are not and will not be liable for any loss or damage that you may incur as a result of your interactions and transactions with any Users or Merchant, including any loss or damage resulting from: (i) late or failed delivery of any product or service purchased through Merchant, including Gift Cards; (ii) any defect or other quality aspect of any product or service; (iii) breach of any Merchant warranty, express or implied whatsoever; or (iv) Merchant’s failure to redeem the Gift Card. The extent of our liability to you is limited to the lesser of the (i) the purchase price for the Gift Card; or (ii) the face amount of the Gift Card. The dealings between you, and any Users or the Merchant are solely between you and the applicable User or Merchant, as the case may be. We are not responsible for changes in any Merchant’s Gift Card terms and conditions; including any price change that may occur after you purchase or contribute to a Gift Card, but prior to redemption for the applicable product or service. You understand that, except for GiftBanc Choice Card(s) we do not issue Gift Cards through the Platform Service. The Merchant has the liability for the redemption of the Gift Card for goods or services. We have no obligation to resolve any dispute between you and any other User or Merchant. Users may resolve a dispute directly with each other or with Merchant. If you have or participate in any dispute or its resolution, you expressly agree to indemnify and hold harmless GiftBanc and its officers, employees, members, managers, affiliates, subsidiaries, agents, representatives, and successors ("Indemnified Parties") from and against all third-party claims, costs, losses, liabilities and expenses (including damage awards, settlement amounts, and reasonable attorneys' fees and costs, whether incurred as the result of a third-party claim or a claim to enforce this Term), and other damages of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, liquidated or otherwise (collectively, "Losses") related to such dispute.
We reserve the right to cancel a User account at any time for any reason in our sole discretion. User accounts may be cancelled for several reasons, including but not limited to:
* Submitting any unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene, or otherwise objectionable Content
* Any sexually explicit Content
* Language or User conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation
* Posting any unsolicited or unauthorized advertising, "spam," or junk mail, including "chain letters" and "pyramid schemes"
* Submitting any Content that is alleged to infringe any patent, trademark, trade secret, copyright, or other proprietary right
* Uploading a virus or Content designed to disrupt, limit, or damage any functionality of any computer software or hardware
* Posting Content originally posted by another User without permission or attribution
* If we, in our judgment and sole discretion, deem it appropriate.
If there is content that is objectionable for any of the above reasons or otherwise, please let us know by contacting us via the support link provided on the Platform Service. We will review your concerns, but we have the right in our sole discretion to make the final judgment on whether any Term has been violated and to determine what, if any, action should be taken.
GiftBanc SUBMITS PAYMENT TRANSACTIONS TO ITS PROCESSOR AS A RESULT OF YOUR MAKING A PURCHASE THROUGH A CREDIT CARD, DEBIT CARD OR OTHER PAYMENT METHOD. ALL PAYMENTS ARE APPLIED TO A GIFT CARD AND MAY BE REDEEMED FOR GOODS OR SERVICES BY THE MERCHANT (SUBJECT TO ITS TERMS AND CONDITIONS) AS APPLICABLE. GiftBanc IS NOT A BANKING INSTITUTION OR OTHER CHARTERED FINANCIAL INSTITUTION AND DOES NOT REPRESENT ITSELF AS SUCH. GiftBanc PROVIDES USERS WITH THE TECHNOLOGY AND A PLATFORM TO PURCHASE GIFT CARDS OR FACILITATE A GROUP GIFT TO PURCHASE MERCHANT GIFT CARDS. OTHER THAN GiftBanc prepaid CARD(S), GiftBanc IS NOT THE ISSUER OF ANY OF THE GIFT CARDS AVAILABLE THROUGH THE PLATFORM SERVICE. ONCE A GIFT CARD IS PURCHASED THROUGH GiftBanc, THE ISSUER IS RESPONSIBLE FOR THE REDEMPTION OF THE GIFT CARD.
Claiming a Gift Card
Users of the Platform Service may purchase Gift Cards and send Gift Cards to a Recipient via available delivery methods. Digital Gift Cards require the Recipient to click a "Claim" button or link on the Platform Service or electronic delivery notification and may require the Recipient to login to the Platform Service. Refund, Return / Exchange Policy
Except as expressly defined herein, or as required by law, all sales are final and there are no cancellations, refunds or exchanges permitted. GiftBanc is not responsible for the refund and returns of any products purchased from Merchants. Your only recourse for refunds, returns and exchanges is with the Merchant.
Links to Third Party Sites
Any trademark, service mark, logo, icon, content or other work of authorship, and other intellectual property (collectively, "IP") displayed on the Site or Platform Service are either our property or the property of our Merchants, licensors, co-branders, or other third parties and may not be used by you without the prior written consent of the owner of such IP. All rights to third-party IP are reserved to such third parties. You may not post, distribute, reproduce, or sell in any way, any third-party IP without legal authorization. You will indemnify and hold harmless the Indemnified Parties, and applicable third parties (e.g., relevant Users, co-branders and other commercial partners, licensors, licensees, consultants, and contractors) from and against all Losses related to any unauthorized use of any IP, GiftBanc, the GiftBanc logo, and the other names, logos, icons and marks identifying GiftBanc and its products and services are IP owned by us and may not be used without our prior written consent, which we may grant or withhold in our sole and absolute discretion. We reserve all rights not expressly granted under the Terms. By using the Site or Platform Service, you expressly agree that any information you provide via uploading or posting will be at your sole risk and we shall not be responsible to you or any third party in any way under any circumstance for any such information or other Content you provide to GiftBanc. You may not post, distribute, reproduce, or sell in any way, any GiftBanc IP without legal authorization. You shall indemnify the Indemnified Parties against all Losses related to your unauthorized use of any GiftBanc IP and/or the Platform Service. You may not copy, sell, resell, or otherwise exploit any aspect of Platform Service for any commercial purpose. We retain and reserve all right, title, and interest to all IP and other material used on or with the Platform Service (except for IP belonging to third parties), including all software and other computer code. None of the material used on or with the Platform Service may be reverse-engineered, disassembled, decompiled, transcribed, resold, or redistributed without our prior written consent, which we may grant or withhold in our sole and absolute discretion. You may use one copy of the material from the Platform Service for your personal, non-commercial viewing and use only. You acknowledge that you do not acquire any ownership right or other interest by downloading any IP from Platform Service. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/or video used on or with the Platform Service shall not be broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any media nor stored in a computer except for your personal non-commercial use.
Disclaimer of Warranties
USE OF THE GiftBanc PLATFORM SERVICE IS AT YOUR SOLE RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS THAT RESULTS FROM SUCH USE. THE PLATFORM SERVICE IS PROVIDED ON AN "AS IS" BASIS. GiftBanc AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY AS TO THE PERFORMANCE OF ANY THIRD PARTY, INCLUDING MERCHANT, WHO MIGHT NOT FULFILL A GIFT CARD OR SHIP ANY PRODUCT OR PROVIDE ANY SERVICE OBTAINED THROUGH THE USE OF A GIFT CARD. NEITHER GiftBanc NOR ANY OF ITS LICENSORS MAKES ANY WARRANTY THAT THE PLATFORM SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE PLATFORM SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NEITHER GiftBanc NOR ANY OF ITS LICENSORS MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM SERVICE, AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PLATFORM SERVICE, OR THAT DEFECTS IN THE PLATFORM SERVICE IN WHOLE OR IN PART, INCLUDING SOFTWARE, WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL GiftBanc BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE PLATFORM SERVICE, INCLUDING DAMAGES FOR LOST PROFITS, EVEN IF GiftBanc HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, GiftBanc SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED THROUGH THE PLATFORM SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ANY EVENT, THE MAXIMUM LIABILITY OF GiftBanc TO YOU SHALL NOT EXCEED THE LESSER OF (I) THE PURCHASE PRICE FOR THE APPLICABLE GIFT CARD OR (II) THE FACE AMOUNT FOR THE GIFT CARD.
You shall indemnify, defend and hold harmless the Indemnified Parties from and against any and all Losses incurred by any Indemnified Party arising out of or related to: (i) your use of the Platform Service; (ii) any breach or non-compliance with respect to any of these terms or any of our policies by you or anyone under your direction and control; (iii) any act or omission of yours or anyone under your direction or control; and/or (iv) your violation or alleged violation of any law or right of any third party.
By using the GiftBanc Platform Service, you acknowledge that damages may be an inadequate remedy if you or anyone under your direction or control breaches or threatens to breach any Term and that any such breach may cause GiftBanc significant and irreparable injury and damage. Accordingly, you acknowledge that GiftBanc shall be entitled, without waiving any additional rights or remedies otherwise available to it at law or in equity or by statute, to seek injunctive relief in such event.