The Service is provided by GroupGifting, which is part of a network of group gifting and social gifting Websites. By using the Service, you agree to the following; When you register and create an account, 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; (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 Site or Service for any unlawful or otherwise prohibited activity.
Our Services allow a gift organizer (“Organizer”) to easily send electronic gift cards (“Gift Cards”) to their 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”). GroupGifting.com 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, Facebook or Mobile Apps, including our eGifter App. Gift Cards can be used online as well as at most physical stores in accordance with 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 Service, a User will choose a Gift Card, and where applicable establish the date and choose a card based on the selection available. You can also set a target amount for the Group Gift (“Gift Goal”) for all Services except for eGifter (see below). If you are uncertain as to what Gift Card to send, in some cases we may offer a GroupGifting.com Gift Certificate which can be used to purchase any available Gift Card on the site (Details below).
To use the service you need to register an account with GroupGifting. Registration on the Site, and use of our Service is free of charge. However, GroupGifting reserves the right to assess a fee or fees at any time in our sole discretion. To make a contribution you must use a valid MasterCard, VISA, American Express, Discover or PayPal account.
For users on our eGifter Web, Facebook or Mobile App (“eGifter”), new contributors will be invited via eGifter. Additionally, they may be notified via Facebook when the Gift Card is received by the Recipient. They will then have up to seven (7) days to contribute additional funds to the Gift Card.
For all other GroupGifting Services (those not using the eGifter App), new Contributors can be invited at any time prior to the occasion date (“Group Gift Date”). The Organizer cannot add new Contributors after the Group Gift deadline has passed. If a Group Gift has not met the Gift Goal before the deadline, an Organizer can request a grace period to extend the Group Gift contribution deadline for up to 10 days (“Extended Group Gift Date”). Once a Group Gift deadline has been reached, the Organizer will be notified to that the Group Gift Date has been reached and that they must redeem the funds for the Group Gift in accordance with the terms defined herein.
When you create an account with GroupGifting you may allow the application to connect through your Facebook profile in order to publish Content on the Site or obtain access to certain Services, including Gift Cards. If you decide to create a profile, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. Access to the GroupGifting Services is done through your Facebook credentials, and you should not authorize any other person or entity to use your unique User ID. You are responsible for preventing such unauthorized use. GroupGifting uses Facebook Connect to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or 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 Services or use of the Services by persons using your Facebook Connect (should this say account)?. If you become aware of any unauthorized activity please notify us ASAP at 1-855-231-5766.
Although the Service enables you to provide a Group Gift to a designated Recipient, the only transaction that you will have with GroupGifting is for Gift Cards, GroupGifting.com Gift Certificates, and fees charged (if any) for using the Service. We do not have any control over your Organizer, other Contributors, your intended Recipient, or any other Users of the 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, including Gift Cards, (iii) any defect or other quality aspect of any product or service, or (iv) breach of any Retailer warranty, express or implied whatsoever. 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 Service. The issuers of all Gift Cards are the applicable Retailers. 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 GroupGifting 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 clicking on the Contact Us link at the bottom of any page on the Site and then send us an email to abuse@GroupGifting.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.
GROUPGIFTING PROCESSES PAYMENT TRANSACTIONSON YOUR BEHALF EACH TIME A CONTRIBUTION IS MADE. ALL CONTRIBUTIONS ARE APPLIED TO A GROUPGIFTING.COM GIFT CERTIFICATE AND CAN BE REDEEMED AT ANY TIME BY THE ORGANIZER OR RECIPIENT OF THE GROUP GIFT AS APPLICABLE. GROUPGIFTING IS NOT A BANKING INSTITUTION OR OTHER CHARTERED DEPOSITORY INSTITUTION AND DOES NOT REPRESENT ITSELF AS SUCH. GROUPGIFTING MERELY PROVIDES USERS WITH A PLATFORM TO FACILITATE A GROUP GIFT AND PURCHASE RETAILER GIFT CARDS. GROUPGIFTING IS NOT THE ISSUER OF ANY OF THE GIFT CARDS AVAILABLE ON OR THROUGH THE SITE. THE ISSUER IS THE RETAILER FOR THE APPLICABLE GIFT CARD.
GroupGifting provides consumers with opportunities to purchase Gift Cards to be used at third party Retailers. From time to time, GroupGifting may have offers that are conditional to a time limited promotion (a “Daily Gift”).
Daily Gifts may be offered by GroupGifting or any of our participating Retailers. Both GroupGifting and our participating Retailers may offer GroupGifting’s Users the opportunity to send targeted free Gift Cards to be used for products and services at select Retailers stores and on their websites. Both GroupGifting and our partner Retailers can choose our target groups based on gender, location, age, etc. and may at their sole discretion issue a limited amount of free Gift Cards to be sent to the respective target group. If you choose to login to the site using Facebook Connect you will be able to view any Deals available at that time. Next, you select the retailer and the Daily Gift you want, add a personal message, and provide payment information (if you’re purchasing a Gift Card or contributing additional funds to a Daily Gift).
GroupGifting Users can also choose a participating Retailer and purchase a Gift Card to be delivered electronically to a friend at predetermined values. Users friends are defined by friends available through the users Facebook account. The friends who are eligible to receive Daily Gifts are determined by the targeting selected by each Retailer or GroupGifting as applicable. By placing an order for a given Gift Card, you agree to purchase the Gift Card you have selected on the Retailer terms, restrictions and conditions associated with the Gift Card. Once you’ve placed your order, you will receive a confirmation of the purchase and your credit card or PayPal account will be charged for the amount of any paid portion of the Gift Card value. Once the purchase is confirmed the Gift Card will be sent to the selected friend using GroupGifting’s Site and associated platforms including the eGifter App where applicable. You are required to register an account with GroupGifting 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 and provide you with easy access to your friends list or contacts as applicable, view your past purchases, and modify your personal preferences.
From time to time we may offer special promotions, contests and/or sweepstakes etc., intended to provide you an incentive to purchase Gift Cards and/or to encourage you to get others to do so. The applicable rules will be posted on the Site in or near the description of each such promotion. We reserve the right to interpret these rules in our sole discretion, and you hereby agree to our interpretation.
Unless otherwise stated by the applicable Retailer, the Gift Gard 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.
GroupGifting is not the issuer of the 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 GroupGifting, 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 Organizer or Recipient (as applicable) upon electronic transmission to such individual. GroupGifting is not responsible if a Gift Card is lost, stolen, destroyed, or used without permission. GroupGifting is not responsible if any Gift Card is rendered unsuitable for redemption through no fault of GroupGifting. If you have lost or misplaced your Gift Card and the balance has not been spent or changed from the original amount, please call us toll free at 1-855-231-5766, 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 GroupGifting 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 GroupGifting 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. Gift Cards may not be redeemable outside the US. It is your responsibility to confirm if a Retailer’s card can be redeemed internationally. Participating Retailers’ 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.
GROUPGIFTING.COM GIFT CERTIFICATES
GroupGifting.com Gift Certificates may only be redeemed at the GroupGifting.com website or any of its family of social shopping sites for Gift Cards available on the site at the time of redemption. Gift Cards of a specific Retailer may be redeemed at the store or website of such merchant, subject to that Retailers terms and conditions. Retailers and available denominations of the Retailer Gift Cards and locations of the Retailers are subject to change. GroupGifting.com Gift Certificates are not redeemable for cash, may not be returned, credited or exchanged, and may not be used on the website or in the stores of any of the Retailers.
Retailers on the website are subject to change, and availability of Retailer Gift Cards for any Retailer cannot be guaranteed. GroupGifting.com does not assume responsibility or liability for the actions, products, locations or content of any current, former, or future Retailers on the site.
Redemption of Retailer gift cards is subject to the limitations and rules set by the respective Retailers and such Retailer Gift Cards may not be available for use and redemption by individuals located outside the United States.
If a redemption order exceeds the value of a GroupGifting.com Gift Certificate you will be responsible to pay for additional charges associated with that order.
GroupGifting.com Gift Certificates do not expire.
Redemption for Users of the eGifter App: Users of eGifter may send the Gift Cards to their Facebook friends. Friends will be notified via a Facebook Wall post as applicable and also by email if you choose. If they are already using the eGifter App, they will also be notified via the app. After logging into the system via facebook you will become a member and view any Gift Cards for which you are the Recipient. To redeem you just click on the redeem button in the app to retrieve your Gift Card. At this point no additional contributions can be made.
For all other Users of the GroupGifting Services (not including Users of the eGifter App), when redeeming a Group Gift Item, regardless of what gift was selected during the set-up process, the Organizer and/or Recipient (as applicable) has significant flexibility when it comes time for redemption as follows:
If you chose a Gift Card from one of our many retailers when the Group Gift was set up, the Organizer retains full control and has significant flexibility. At the end of the collection process, the Organizer will return to the site to redeem for the Gift Card.
The Organizer can choose to send the Gift Card to themselves for personal presentation to the Recipient, or have the Gift Card sent directly to the Recipient from the site via email.
The Organizer can also choose to switch the Gift Card for a GroupGifting.com Gift Certificate. This will give the Recipient the ability to choose the Gift Card of their choice. In this case the Organizer can either send the GroupGifting.com Gift Certificate to themselves for personal presentation to the Recipient, or send it directly to the Recipient from the site via email.
In either case the Recipient can redeem the GroupGifting.com Gift Certificate or Gift Card for any Gift Card available at the site.
If you initially chose a GroupGifting.com Gift Certificate the Organizer can choose to send the Gift Certificate to themselves for personal presentation to the Recipient, or send it directly to the Recipient from the site via email.
In the case of a Gift Certificate the Recipient can redeem the certificate for any Gift Card available at GroupGifting.com.
If the Group Gift to which you contributed has funds equal to the Group Gift Goal at the Group Gift Date or Extended Group Gift Date, the Group Gift is considered “Fully-Funded”. If the Group Gift to which you contributed has more funds than the Group Gift Goal at the Group Gift Date or Extended Group Gift Date the Group Gift is considered (“Over-Funded”), and it is up to the Organizer to decide what to do with the excess funds based on the options available at the time. If the Group Gift to which you contributed has less funds than the Group Gift Goal at the Group Gift Date or Extended Group Gift Date the Group Gift is considered (“Under-Funded”) and, the Organizer will decide how to redeem the funds available in the Under-Funded Group Gift.
In the case of an Over-Funded Group Gift, if there are any remaining contributed funds after the purchase of the Group Gift, the Organizer can purchase additional Gift Card(s) available on the Site at the time.
In the case of an Under-Funded Group Gift, at the discretion of the Organizer you have the following options; (i) take the amount you have collected on another Gift Card, or (ii) Extend the Group Gift Date and keep it open giving you more time to reach the goal, or (iii) invite more people to contribute, or (iv) make an additional contribution yourself to achieve the Gift Goal or (v) take the amount you have collected on a GroupGifting.com Gift Certificate, or (vii) request a refund less any contribution fees and a refund fee of one dollar ($1.00) per contributor refund issued, While there are no limits to the amount that can be raised for a Group Gift, GroupGifting will monitor for any suspicious activities. GroupGifting may be requested to cooperate with third parties who are accountable under Know Your Customer or other Anti-Money Laundering laws or regulations and may report such activity to the appropriate authorities.
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.
The Retailer who will fulfill your order will ship your product according to its customary shipping policy. Standard ground delivery is typically between 4-7 business days, but GroupGifting is not responsible and has no control of the actual delivery date or performance of the Retailer where the Gift Card is redeemed. GroupGifting does not ship any products.
REFUND, RETURN/EXCHANGE POLICY
Except as expressly defined herein, all sales are final and there are no cancellations, refunds or exchanges permitted. GroupGifting 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.
eGIFTER POINTS TERMS AND CONDITIONS
The eGifter Points Service is provided by GroupGifting, which is part of a network of group gifting and social gifting Websites, including eGifter.
GroupGifting reserves the right to limit eGifter Points enrollment at any time.
Member agrees not to abuse eGifter Points privileges by conduct which is detrimental to the interests of GroupGifting, including without limitation attempting to accrue Points or spend Points in a manner inconsistent with the rules of GroupGifting or intent of this Agreement, having multiple accounts, attempting to earn Points through other than legitimate channels, participating in purchasing or redemption fraud, etc.
Member understands and agrees that termination of membership will result in the cancellation of all of Member's Points.
GroupGifting reserves the right to adjust your Point balance with award reversals for items returned or transactions not completed or cancelled. A pattern of placing orders followed by cancellations may result in the termination of your GroupGifting account.
Points are not earned on any purchase(s) connected with any GroupGifting promotion and cannot be used on any promotional purchase.
Points are earned after the transaction is completed and cannot be used on the current transaction.
Points have no cash value.
Number of Points awarded are subject to change at any time without notice and the number of Points required to redeem a reward are subject to change at any time without notice.
Points will be subtracted from Member's account once the redemption order is placed by the member and captured by the eGifter system. Once used to make a purchase Points will not be reinstated to Member's account.
GroupGifting reserves the right to cancel or disable accounts and expire unredeemed Points in those accounts that are inactive for a period of 12 consecutive months. Inactive shall be defined as lack of one of the following: purchasing, claiming or redeeming a Gift card.
Accrued Points do not constitute property of the Member. Points accrued by a Member are for the Member's benefit only and may not be transferred to anyone. Any Points which GroupGifting deems at its sole discretion to have been transferred in violation of eGifter Points Terms and Conditions may be confiscated.
Member shall comply with all laws, rules, and regulations that are applicable to Member including the GroupGifting.com Terms. Member acknowledges that Member may only participate in eGifter Points if and to the extent that such participation is permitted by such laws, rules, and regulations.
Member expressly agrees that use of eGifter Points is at Member's sole risk.
eGifter Points and all services offered therein are provided on a strictly "as is" and "as available" basis. GroupGifting is not responsible for damages or losses that result from participating or inability to participate in eGifter Points.
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 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 GroupGifting 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
GroupGifting(SM)”, the GroupGifting logo, and the other names, logos, icons and marks identifying GroupGifting 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 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 GroupGifting. You may not post, distribute, reproduce, or sell in any way, any GroupGifting IP without legal authorization. You shall indemnify the Indemnified Parties against all Losses related to your unauthorized use of any GroupGifting IP and/or the Service. You may not copy, sell, resell, or otherwise exploit any aspect of the Service for any commercial purpose. We retain and reserve all right, title, and interest to all IP and other material on the Site (except for IP belonging to third parties), including all software and other computer code. None of the material on the Site 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 on the Site 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 the Site. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/or video on the Site 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 GROUPGIFTING SERVICE IS AT YOUR SOLE RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS THAT RESULTS FROM SUCH USE. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. GROUPGIFTING 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 FULFILL ANY GIFT CARD OR SHIP ANY PRODUCT OR PROVIDE ANY SERVICE PURCHASED WITH A GIFT CARD. NEITHER GROUPGIFTING NOR ANY OF ITS LICENSORS MAKES ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NEITHER GROUPGIFTING NOR ANY OF ITS LICENSORS MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, OR THAT DEFECTS IN THE 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 GROUPGIFTING 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 SERVICE, INCLUDING DAMAGES FOR LOST PROFITS, EVEN IF GROUPGIFTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, GROUPGIFTING SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE 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 GROUPGIFTING 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.
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 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 GroupGifting 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 GroupGifting significant and irreparable injury and damage. Accordingly, you acknowledge that GroupGifting 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 Service agree may not involve GroupGifting 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 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.
This agreement constitutes The Terms and 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 Service, please contact us via email at info@GroupGifting.com or call us at toll free at 1-855-231-5766. For prompt service, please include your order number and the specific problem.