eGifter Terms of Service
USER AGREEMENT
Welcome to the eGifter Platform, a service of GroupGifting.com, Inc. d/b/a eGifter ("eGifter", "we", "us", "our") and our website and mobile applications ("Site"). Please read this document carefully because this User Agreement and Website Terms of Use (collectively, "Terms") describe the legally binding agreement between you and e eGifter on which we offer you access to the Site and our Services, (collectively, the "Platform Service").
The Terms, including our Privacy Policy are a contract between you ("you", "your") and eGifter. If you use the Platform Service, you represent that you are at least 13 years old, reside in the United States and have read, understood, and agree to be bound by the Terms, regardless of the device or platform by which you access the Site . If you don't agree to the Terms or are under the age of 13, do not use the Site or the Platform Service.
We may modify the Terms (including our Privacy Policy) at any time in our sole discretion, by posting amended Terms to the Site or by sending you an email. If you thereafter use the Platform Service, you will be deemed to have accepted the revised Terms. If you see the word "including" in the Terms, it means "including but not limited to".
YOUR ACCOUNT
By using the eGifter Platform Service, you agree to the following; When you register and create an account, make a purchase, or send a gift or when you 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 password and User name when using a non-social log in; (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 allows you or a gift organizer ("Organizer") to easily purchase a gift for yourself or send electronic gift cards ("Gift Cards") to your friends and for mutual friends to add additional funds to the Gift Card ("Contributors") creating one larger gift for the gift recipient ("Recipient"), (collectively "Users"). eGifter Retailer Gift Cards are issued by a particular third party merchant or retailer ("Retailer"), and these Gift Cards are received via email or via our Web or Mobile Application. Gift Cards are subject to the applicable Retailer's policies (See Gift Card Section below). Retailers and available denominations of their Gift Cards and their store locations are subject to change at each Retailer's discretion and redemption of each Retailer's cards is subject to the limitations and conditions set by the Retailer at the time of redemption. To use the Platform Service you need to register an account with eGifter. Registration on the Site, and use of our Platform Service is free of charge. To send a Retailer Gift Card, a User will choose a Recipient, enter a contribution amount toward the purchase of Retailer Gift Card, choose an eGreeting card and personalize it, where applicable establish the delivery date, complete the purchase process and optionally invite others to contribute to the value of the Gift Card when opting to create a Group Gift. To make a contribution you must use a valid MasterCard, VISA, American Express, Discover or PayPal account.
Contributors will be invited via the eGifter Platform Service application. Additionally, the Organizer may be notified via Facebook when the Gift Card is received by the Recipient. Access to the Platform Service is provided through your Facebook credentials or a non-social log in, and you should not authorize any other person or entity to use your unique User ID. You are responsible for preventing such unauthorized use. When you access the Platform Service with your Facebook account, eGifter uses Facebook Connect to know whether users accessing the Site and using our Platform Services are authorized to do so. If someone accesses our Site or Platform Services using Facebook Connect, we will rely on that Facebook account and will assume that access has been made by you. You are solely responsible for any and all access to the Site and all Platform Services or use of the Platform Services by persons using your Facebook Connect. If you become aware of any unauthorized activity please notify us via email immediately at support@eGifter.com.
Although the Platform Service enables you to participate in a Group Gift for a designated Recipient, the only transaction that you will have with eGifter is for your contribution payment toward the Gift Card and fees charged (if any) for using the Platform Service. We do not have any control over the Organizer, other Contributors, the intended Recipient, or any other Users of the Platform Service, nor do we have any control over any of the Retailers. 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 Retailers, including any loss or damage resulting from: (i) making a Contribution, (ii) late or failed delivery of any product or service purchased through a 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) Retailers failure to redeem the Gift Card. The dealings between you, and any Users or Retailers 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 redemption terms; including any price change that may occur after you send a Gift Card but prior to payment for the applicable product or service. You understand that we do not issue Gift Cards through the Platform Service. The issuers of all Gift Cards are the applicable Retailers and the respective Retailer 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 the applicable 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.
You and other Users provide information and other content to the Site via the Platform Service ("Content"). We do not control, endorse or verify any Content. You understand that we may use your Content to provide the Platform Service and for statistical, analytical, reporting and other purposes (see our Privacy Policy).
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 sending an email to abuse@eGifter.com. 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 IS MADE. ALL CONTRIBUTIONS 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. EGIFTER IS NOT THE ISSUER OF ANY OF THE GIFT CARDS AVAILABLE THROUGH THE PLATFORM SERVICE. THE ISSUER IS THE RETAILER FOR THE APPLICABLE GIFT CARD. ONCE A GIFT CARD IS PURCHASED THROUGH EGIFTER, THE RETAILER IS RESPONSIBLE FOR THE REDEMPTION OF THE GIFT CARD.
GIFT CARDS
By placing an order for or contributing to a given Gift Card, you agree to purchase the Gift Card you have selected in accordance with the Retailer Gift Card terms, restrictions and conditions associated with the Gift Card. Once you've completed your payment, you will receive a confirmation of the payment and your credit card or PayPal account will be charged for the amount of any paid portion of the Gift Card value. Once the payment(s) is confirmed the Gift Card will be sent to you or the selected friend using the eGifter Platform Service. You are required to register an account with eGifter in order to purchase any Gift Card. An account is required to ensure the authenticity of your transaction and also to collect your payment information.
Unless otherwise stated by the applicable Retailer, the Gift Card is not redeemable for cash (except in regions where this is required by law). The expiration date for a Gift Card (if any) is as printed or displayed on the Gift Card. If the expiration of the Gift Card as of the date printed on the Gift Card is prohibited under the law of the jurisdiction in which the Retailer is located, then the Gift Card shall expire according to the applicable law. The Retailer is obligated to honor the Gift Card in compliance with law.
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 you redeem the Gift Card.
eGifter is not the issuer of the Retailer Gift Cards. They are issued by the Applicable Retailer and as such the Retailer shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Retailer or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Gift Cards. By purchasing a Gift Card from eGifter, a User acquires the right to redeem a Gift Card issued by the participating Retailer and to use the Gift Card subject to the Retailers terms and conditions and the Terms of this Agreement. Whether the User chooses to redeem the Gift Card prior to its expiration date (if any) is within the user's sole control and at the user's sole discretion.
All risk of loss and title for the Gift Card will pass to the Purchaser, Organizer or Recipient (as applicable) upon electronic transmission to such individual. 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 you have lost or misplaced your Gift Card and the balance has not been spent or changed from the original amount, please contact us at support@eGifter.com, and we will email you a replacement provided we can confirm the balance is unused. If your Gift Card order is incorrect, you 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 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 cards sold on eGifter are only available in the United States. No single User may purchase more than $2,000 on any single eGift card sold on eGifter on any single day, and no User may buy or send eGift cards on eGifter in an amount of $10,000 or more in any single day in one or more transactions.
CLAIMING A GIFT CARD
Users of the eGifter Platform Service may purchase Gift Cards and send the Gift Cards to a Recipient via Facebook, email or SMS. Recipients will be notified via a Facebook notification, email or SMS as applicable. Recipients must log in to eGifter via Facebook or with a non-social log in. Upon doing so, Recipient will become a member and may view any Gift Cards for which they are the Recipient. To claim a Gift Card for which you are the Recipient, just click on the "Claim" button in the eGifter app to retrieve your Gift Card code. Once a Gift Card is claimed, no additional contributions can be made.
REFUND, RETURN/EXCHANGE POLICY
Except as expressly defined herein, 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 applicable Retailer. Although we believe the applicable Retailer will grant refunds and/or accept returns according to its customary refund policy, we cannot guarantee this because we do not control any Retailer.
LINKS TO THIRD PARTY SITES
The eGifter Platform Service contains links to other third-party websites that are not owned or controlled by us. Please be aware that we are not responsible for the privacy or other practices of such websites. Accordingly, we cannot and shall not be responsible for any issues, including offensive or malicious content, usability, or other problems with or related to those websites. You are solely responsible for reading and understanding the policies and terms of use or service of any other website that you visit.
INTELLECTUAL PROPERTY
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(SM)", 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 ANY 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 THE NET AMOUNT OF FEES PAID BY YOU DURING THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM.
YOUR INDEMNITY
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.
EQUITABLE RELIEF
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.
GENERAL TERMS
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 email at support@eGifter.com. For prompt service, please include your order number and the specific problem.