When you register and create an account, create a registry or wish list, make a purchase, send a gift or make a contribution to any Group Gifting occasion ("Group Gift"), you agree: (a) to submit your own valid e-mail 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.
eGifter Platform Service
The Platform Service may allow you to easily purchase gift cards (“Gift Cards”) for yourself, someone else, or add funds to Gift Cards (“Contributor”) creating a Group Gift for the gift recipient (“Recipient”), (collectively “User” or “Users”).
Gift Cards are issued by a particular third-party merchant or retailer (“Retailer”), and Gift Cards may be delivered to the Recipient via email, text, mail, or via our Web or Mobile Application. All aspects regarding the use and redemption of Gift Cards are subject to the applicable Retailer’s policies (see Gift Card section below). To use the Platform Service, a User must create an account with eGifter and has 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 or enter a contribution amount toward a Group Gift, optionally personalize the Gift Card, complete the purchase process and optionally invite others to contribute to the value of the Gift Card. To purchase or make a contribution 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 eGifter 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 other Contributors, the intended Recipient, or any other Users of the Platform Service, nor do we have any control over the Retailer. 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 Retailer, including any loss or damage resulting from: (i) making a Contribution; (ii) late or failed delivery of any product or service purchased through Retailer, including Gift Cards; (iii) any defect or other quality aspect of any product or service; (iv) breach of any Retailer warranty, express or implied whatsoever; or (v) Retailer’s failure to redeem the Gift Card. The dealings between you, and any Users or the Retailer are solely between you and the applicable User or Retailer, as the case may be. We are not responsible for changes in any Retailer’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 eGifter Choice Card(s) we do not issue Gift Cards through the Platform Service. The Issuer has the liability for the Redemption of the Gift Card. We have no obligation to resolve any dispute between you and any other User or Retailer. Users may resolve a dispute directly with each other or with Retailer. If you have or participate in any dispute or its resolution, you expressly agree to indemnify and hold harmless eGifter and its officers, employees, members, managers, affiliates, subsidiaries, agents, representatives, and successors 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.
EGIFTER PROCESSES PAYMENT TRANSACTIONS ON YOUR BEHALF EACH TIME A CONTRIBUTION OR PURCHASE IS MADE. ALL PAYMENTS ARE APPLIED TO A GIFT CARD AND CAN BE REDEEMED AT ANY TIME BY THE ORGANIZER OR RECIPIENT OF THE GROUP GIFT AS APPLICABLE. EGIFTER IS NOT A BANKING INSTITUTION OR OTHER CHARTERED DEPOSITORY INSTITUTION AND DOES NOT REPRESENT ITSELF AS SUCH. EGIFTER MERELY PROVIDES USERS WITH A PLATFORM TO PURCHASE GIFT CARDS OR FACILITATE A GROUP GIFT TO PURCHASE RETAILER GIFT CARDS. OTHER THAN EGIFTER CHOICE CARD(S), EGIFTER IS NOT THE ISSUER OF ANY OF THE GIFT CARDS AVAILABLE THROUGH THE PLATFORM SERVICE. ONCE A GIFT CARD IS PURCHASED THROUGH EGIFTER, THE ISSUER IS RESPONSIBLE FOR THE REDEMPTION OF THE GIFT CARD.
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 any paid portion of the Gift Card value and fees charged (if any) for using the Platform Service. Once the payment(s) is confirmed, the Gift Card will be sent to you or the Recipient or applied to a Group Gift using the eGifter Platform Service. Additional measures may be necessary to ensure the authenticity of your transaction and also to collect 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 Retailer at the time the Gift Card is redeemed.
eGifter is not the issuer of the Retailer Gift Cards. They are issued by Issuer, which shall be fully responsible for any and all claims or liabilities related to the Gift Cards, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Gift Cards. By receiving a Gift Card from eGifter, the Recipient acquires the right to redeem the Gift Card issued by Issuer and to use the Gift Card subject to the Terms of this Agreement.
All risk of loss and title for the Gift Card will pass to the Recipient upon electronic transmission or physical shipment of the Gift Card to such Recipient. eGifter is not responsible if a Gift Card is lost, stolen, destroyed, or used without permission. eGifter is not responsible if any Gift Card is rendered unsuitable for redemption through no fault of eGifter. If your Gift Card order is incorrect, the User or Recipient must notify eGifter within 30 days and, provided the balance on the Gift Card has not been spent and has not changed from the original amount, we will make our best reasonable efforts to correct the error. If eGifter is not notified of any error within 30 days of the date of electronic transmission or shipment of the Gift Card, the Gift Card will be deemed to be satisfactory. Some Gift Cards may not be redeemable outside the US. It is your responsibility to confirm if a Retailer's card can be redeemed internationally. Gift Cards must be redeemed at the applicable Retailer's website or physical retail store, subject to the Retailer's then current terms and conditions. All Retailer Gift Cards are subject to the terms and conditions of the specific Retailer.
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. Upon purchase, or Contribution in the case of a Group Gift, the funds are applied to an eGifter Choice Card until such time the Retailer Gift Card is Claimed by the Purchaser or Recipient. In the case of a Group Gift, once a Gift Card is claimed, no additional contributions can be made.
Notwithstanding anything to the contrary under this Agreement, if after thirty-six (36) months of inactivity of an eGifter Choice Card, or if it has not been redeemed toward the purchase of eligible Retailer Gift Card during this period of time, then anytime thereafter, eGifter may expire or apply dormancy fees to the eGifter Choice Card in accordance with applicable laws, or automatically redeem such eGifter Choice Card for a Retailer Gift Card selected by eGifter at eGifter's sole discretion, and send the eGifter selected Retailer Gift Card to the Purchaser or Recipient email address or SMS number on file.
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. eGifter is not responsible for the refund and returns of any products purchased from Retailers. Your only recourse for refunds, returns and exchanges is with the Retailer.
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 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 eGifter and its affiliates, subsidiaries, members, managers, officers, employees, agents, representatives, and applicable third parties (e.g., relevant Users, co-branders and other commercial partners, licensors, licensees, consultants, and contractors) (collectively "Indemnified Parties") from and against all Losses related to any unauthorized use of any third-party IP, eGifter, the eGifter logo, and the other names, logos, icons and marks identifying eGifter 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 eGifter. You may not post, distribute, reproduce, or sell in any way, any eGifter IP without legal authorization. You shall indemnify the Indemnified Parties against all Losses related to your unauthorized use of any eGifter 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 EGIFTER 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. EGIFTER 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 RETAILER, WHO MIGHT NOT FULFILL A GIFT CARD OR SHIP ANY PRODUCT OR PROVIDE ANY SERVICE PURCHASED WITH A GIFT CARD. NEITHER EGIFTER 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 EGIFTER 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 EGIFTER 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 EGIFTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, EGIFTER 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 EGIFTER TO YOU SHALL NOT EXCEED ONE HUNDRED (100) DOLLARS OR THE AMOUNT PAID BY YOU THROUGH YOUR USE OF THE PLATFORM SERVICE DURING THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM, WHICHEVER IS THE GREATER.
You shall indemnify 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 Term 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 eGifter 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 eGifter significant and irreparable injury and damage. Accordingly, you acknowledge that eGifter 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.
The Terms and this User Agreement are governed in all respects by the laws of the New York, notwithstanding any provision of law or choice of law rule which may require otherwise. If you and we have any dispute which cannot be amicably settled, it shall be settled by submission to the state and federal courts in New York, Suffolk County, and you hereby consent to the exclusive personal jurisdiction of such courts ("Jurisdiction").
If any provision of any Term is held to be invalid or unenforceable, such provision shall be struck and the remaining Terms shall be enforced, with the invalid or unenforceable provision deemed modified to the least extent necessary to make it valid and enforceable while encompassing the intent of the Terms. Any failure to act on our part with respect to a breach of any Term does not waive our right to act with respect to a continuing, subsequent, or similar breach.
You may not assign or transfer your rights under the Terms, and any attempt to the contrary shall be void and of no effect.
The Terms shall inure to the benefit of and be binding upon your and our respective successors and assigns.
Users of the Platform Service agree that they may not involve eGifter or any other Indemnified Party in any dispute, including litigation, arising out of or related to any transaction, agreement, or arrangement you may have with any other User, Retailer, or other third party arising out of or in any way related to the Platform Service ("Dispute"); if you attempt to do so, you shall: (i) pay all costs and reasonable attorneys' fees incurred in connection therewith by us, any of our affiliates, or any of their respective employees, and you shall indemnify and hold harmless the Indemnified Parties from all Losses incurred by any of them as a result, and (ii) the jurisdiction for any such Dispute shall be limited to the Jurisdiction set forth above.
Any notice required or given to you under the Terms may be delivered by electronic mail at the e-mail address you provide during registration on the Site.
The Terms of this User Agreement constitute the complete and exclusive understanding and agreement between you and us relating to the subject matter hereof and supersede all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.
If you have any questions or problems with any order placed by you in connection with the Platform Service, please contact us via the support link on the Platform Service. For prompt service, please include your order number and the specific problem.