These Terms (these “Terms”) govern the purchase, activation and redemption of digital gift cards (each, a “Gift Card”) that you purchase or receive through us (“we” or “us” or “our). They apply to both purchasers and recipients of Gift Cards (“you” or “your”).
Gift Cards and Redemption.We will send each Gift Card to the recipient for which the purchaser has provided us with the recipient information that we require. Gift Cards are redeemable only through the merchant that is selected by the purchaser in the purchase process (the “Merchant”), and the Gift Card balance is available only through that Merchant. The Gift Card balance is not available through us. We will provide each recipient of a Gift Card with an activation code to activate the Gift Card through us, so that it may then be redeemed with the Merchant. That activation code does not expire or have fees. The Merchant’s terms and conditions also apply to both activation and redemption. We reserve the right to discontinue our gift cards product line or the gift cards of any individual Merchant(s), including, without limitation, before a recipient has either activated with us or redeemed with the Merchant an already-purchased Gift Card. If a Gift Card is discontinued after purchase by purchaser but before activation with us by recipient, we will replace the Gift Card with our choice of replacement Gift Card(s) from our choice of third party(ies), at equivalent value. We may provide the Gift Card purchaser information about their Gift Card recipient’s Gift Card activation status.
Risk of Loss.Until such time as we deposit a Gift Card with a carrier (e.g., U.S. Postal Service) for delivery to recipient, the risk of loss of, and title to, that Gift Card belongs to us. The risk of loss of, and title to, that Gift Card then passes to recipient when we deposit it with a carrier for delivery to recipient. Recipient is responsible for safeguarding the Gift Card from unauthorized use. We are not responsible if any Gift Card is lost, stolen, or destroyed, or if a Gift Card is used without your permission. There are a variety of scams that request payment by gift card. We are not responsible, and assume no liability to you, for any unlawful conduct or fraud by any third party associated with any Gift Card.
Violation of These Terms.By using a Gift Card, you agree to comply with these Terms and to not use a Gift Card in any manner that is misleading, deceptive, unfair, or otherwise harmful to us, our affiliates, or our customers. We reserve the right, without notice to you, to void a Gift Card without a refund, suspend or terminate customer accounts, suspend or terminate the ability to use our application(s) and/or website(s), cancel or limit orders, and bill alternative forms of payment if we suspect that a Gift Card is obtained, used, or applied fraudulently, unlawfully, or otherwise in violation of these Terms.
General Terms.These Terms are supplemental to our general Terms of Use, which also will apply to your purchase, activation and/or redemption of Gift Cards. PLEASE NOTE THAT THE SECTION OF OUR GENERAL TERMS OF USE LABELED “CLASS-ACTION WAIVER AND AGREEMENT TO ARBITRATION” CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS IN ANY DISPUTE WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES ARISING OUT OF YOUR PURCHASE, ACTIVATION AND/OR REDEMPTION OF GIFT CARDS.
We reserve the right to change these Terms at any time, effective immediately upon posting here. Any updates, new services or modifications of existing services will be governed by these Terms. The continued use of our services and/or the purchase of our products following the posting of changes to these Terms constitutes your acceptance to such changes. We strongly encourage you to periodically review these Terms. All prices and features of the Services and the Products are subject to change without notice. All terms and conditions are applicable to the extent permitted by law. In the event that any provision of these Terms is found to be invalid, illegal or unenforceable, a modified provision will be substituted that carries out as nearly as possible our original intent, and the validity, legality and enforceability of any of the remaining provisions will not in any way be affected or impaired thereby.