By using the Service, you agree to the following; When you register and create an account, make a purchase for yourself, send a gift to someone 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; (i) You authorize your mobile carrier to disclose your mobile account details for verifying your identity. Those details may include your name, billing address, email and phone number, if available.
The Service allows you or a gift organizer ("Organizer") to easily purchase an electronic gift card for yourself or send electronic gift cards ("Gift Cards") to your friends and also 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, Facebook or Mobile 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 or expiration, if any 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 log in to eGifter, choose a Gift Card, and follow the instructions for their specific purchase choice.
To use the service you need to register an account with eGifter. Registration on the Site, and use of our Service is free of charge. However, eGifter reserves the right to assess a fee or fees at any time in our sole discretion. To make a purchase, you must use a valid MasterCard, VISA, American Express, Discover, PayPal, Bitcoin or any other payment method accepted as displayed on the Site. For Bitcoin users, eGifter works with a third party Bitcoin Payment Processor (“Bitcoin Processor”) who converts your Bitcoin or other digital currency at the then current market price so that you can then make a purchase of a Gift Card from eGifter. eGifter does not accept any direct Bitcoin or other digital currency payments.
If a Group Gift is chosen, Users will be invited via the eGifter Service. Additionally, they may be notified via Facebook when the Gift Card is received by the Recipient.
Access to the Service is provided based on the option chosen when you register, and you should not authorize any other person or entity to use your unique User ID. You are responsible for preventing such unauthorized use. If you become aware of any unauthorized activity please notify us ASAP at 315-640-4438.
Although the Service enables you to make purchases and provide a Group Gift to a designated Recipient, the only transaction that you will have with eGifter is for the purchase Gift Cards and fees charged (if any) for using the Service. We do not have any control over the 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 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.
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:
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@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 ANY GIFT OR 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. EXCEPT FOR EGIFTER GIFT CARDS, EGIFTER IS NOT THE ISSUER OF ANY OF THE GIFT CARDS AVAILABLE THROUGH THE SERVICE OR ON THE SITE. THE ISSUER IS THE RETAILER FOR THE APPLICABLE GIFT CARD.
GIFT CARDS TERMS OF SALE
eGifter provides consumers with opportunities to purchase Gift Cards to be used at third party Retailers. From time to time, eGifter may have offers that are conditional to a time limited promotion. We reserve the right to interpret these rules in our sole discretion, and you hereby agree to our interpretation.
Both eGifter and our participating Retailers may offer eGifter’s Users the opportunity to send targeted free Gift Cards ("Promotional Gift Cards") to be used for products and services at select Retailers stores and on their websites. Both eGifter 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. Promotional Gift Cards expire based on the Retailer instructions.
eGifter 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 email, Facebook account and other methods. 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, PayPal or other 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 eGifter’s Site and associated platforms at the direction of the Organizer. You are required to register an account with eGifter in order to purchase or receive 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.
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, value added taxes or any other 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 call us toll free at 315-640-4438, 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. 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.
All U.S. gift cards sold on eGifter are only available in the United States. No single User may purchase or send more than $2,000 on any single Gift Card sold on eGifter on any single day, and no User may purchase or send an aggregate of Gift Cards on eGifter in an amount greater than $10,000 in any single day in one or more transactions. Amazon Gift Cards for Germany, France and U.K. are only available in their respective Countries.
EGIFTER GIFT CARDS
eGifter offers and eGifter Gift Card that is designed to allow Users to purchase any Retailer brand offered at the Site. Gift Cards must be redeemed toward the purchase of eligible Retailer Gift Cards available at the time of redemption at the eGifter website or any of our affiliated web sites, subject to change at our sole discretion. Purchases are deducted from the eGifter Gift Card balance. Any unused balance will be placed in the recipient's eGifter account. If an order exceeds the amount of the eGifter Gift Card, the balance must be paid with a credit card or other available payment method. To view eGifter Gift Card balances, click on "My Wallet" and click on the eGifter Card to view your balance.
The risk of loss and title for eGifter Gift Cards pass to the purchaser upon our electronic transmission to the purchaser, recipient or delivery to the carrier, whichever is applicable. We are not responsible if an eGifter Gift Card is lost, stolen, destroyed or used without your permission.
eGifter will have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained eGifter Gift Card is redeemed and/or used to make purchases on eGifter or any of its affiliated websites.
Retailers Gift Cards offered at eGifter are subject to change, and availability of Gift Cards for any Retailer cannot be guaranteed. eGifter does not assume responsibility or liability for the actions, products, locations or content of any current, former, or future Retailers on the site.
All Retailer Gift Cards purchased at eGifter may be redeemed at the store or website of such merchant (where applicable), subject to that Retailers terms and conditions. Retailers and available denominations of the Retailer Gift Cards and locations of the Retailers are also subject to change. eGifter Gift Cards 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 displayed 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. See Retailer terms and conditions located at the Retailer site for more details.
EGIFTER MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EGIFTER GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT AN EGIFTER GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH EGIFTER GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Non-promotional eGifter Gift Cards do not expire. Promotional eGifter Gift Cards expire per the specific promotion. eGifter Gift Cards are subject to the Terms of this Agreement.
Users of eGifter may purchase Gift Cards and send the Gift Cards to their friends. Friends will be notified via SMS, email ora Facebook Wall post as applicable. If they are already using the eGifter App, they will also be notified via the app. After logging into the system 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.
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 eGifter is not responsible and has no control of the actual delivery date or performance of the Retailer where the Gift Card is redeemed. eGifter 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. 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.
eGifter POINTS TERMS AND CONDITIONS
eGifter reserves the right to limit eGifter Points enrollment at any time.
The person earning the points from the eGifter Points Service ("Member") agrees not to abuse eGifter Points privileges by conduct which is detrimental to the interests of eGifter, including without limitation attempting to accrue Points or spend Points in a manner inconsistent with the rules of eGifter 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.
eGifter 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 account.
Points are not available on all brands.
Points are not earned on any purchase(s) connected with any 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 and are not transferable by the member (i) upon death, (ii) as part of a domestic relations matter, or (iii) otherwise.
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 eGifter deems at its sole discretion to have been transferred in violation of the eGifter Points Terms and Conditions may be confiscated or cancelled.
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.
Except as otherwise defined herein, unused Points shall expire and are forfeited in 1 year from date that they are earned.
eGifter reserves the right to expire unredeemed Points in accounts that have been canceled or disabled due to 12 consecutive months of inactivity or any other reason in our sole discretion.
Member shall comply with all laws, rules, and regulations that are applicable to Member including the eGifter 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.
eGifter reserves the right to interpret and apply the policies and procedures communicated in these terms and conditions. All determinations by eGifter shall be final and conclusive in each case.
Member expressly agrees that use of eGifter Points is at Member's sole risk.
All Gift Cards are subject to the terms and conditions of the specific retailer
eGifter Points and all services offered therein are provided on a strictly "as is" and "as available" basis. eGifter 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 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 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 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 EGIFTER 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. 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 FULFILL ANY 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 SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE 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 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 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 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 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 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.
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 eGifter 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 Service agree 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 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@eGifter.com or call us at toll free at 315-640-4438. For prompt service, please include your order number and the specific problem.