PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER AND A U.S. RESIDENT IN ORDER TO PARTICIPATE WITH GIFTME INC.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement with respect to our site and application (giftme.cards & giftme). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and application, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the mobile application, and you should review this Agreement prior to using the site or mobile application. Additionally, completing a purchase on our site or application indicates that you have read and accepted these terms and conditions.
2. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site and mobile application are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of giftme, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the services distributed of giftme.
3. Fraud: By becoming a member, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of giftme Inc services. Please note that your membership can be canceled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by giftme Inc. in its sole discretion. If membership has been revoked, giftme Inc. reserves the right to refuse application or readmission to the membership program.
4. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
5. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
6. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of giftme services.
7. Nontransferable. Your right to use the Site and Mobile Application is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
8. Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE AND MOBILE APPLICATION ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE / MOBILE APPLICATION AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE / MOBILE APPLCATION SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
9. Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE OR MOBILE APPLICATION. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
11. Third-Party Services. We allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
12. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
14. Payments. You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
15. Billing and Shipping Errors. Giftme Inc. reserves the right to cancel an order partially or completely for items that are out of stock or for items that were omitted by our shipping department. If an item was omitted giftme Inc. will consider re-shipping the missing item at no cost to the buyer. Re-shipping the item is at giftme Inc. sole discretion. If giftme Inc. does not ship the omitted item, it will refund the buyer for that portion of the order within 24-72 hours. If giftme Inc. shipping department shipped additional cards or a card of greater value, the buyer accepts responsibility to notify giftme Inc. of this error within 7 business days. giftme Inc. will provide a free shipping label for the buyer to return the card. If the card is not returned, giftme Inc. reserves the right to charge/bill the buyer for the remaining balance.
16. Securities Laws. giftme Inc. may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site or Mobile Application, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site / Mobile Application and the information contained herein do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
17. Links to Other Web Sites. The Site and Mobile Application contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site / Mobile Application does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site / Mobile Application and access these third-party sites, you do so at your own risk.
18. Submissions. All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
19. Return Policy. Due to the nature of our online site, and the products listed, we Giftme Inc. have a strict NO RETURN policy for any product. No product shall be able to be returned for a like item, or for a cash refund. Additionally, orders cannot be canceled once the order has been placed.
20. Shipping Policy. giftme will be responsible to ship out the order as per the method selected by the customer at the time the order was placed. giftme generally will ship out the order instantly to your mobile phone However, giftme reserves the right to ship out the order up to three business days.
21. Goods Not As Described 7 Day Return Policy. If there is a balance discrepancy or the gift card otherwise cancels, the customer must contact giftme within 7 days of the purchase. We will then investigate the matter. If giftme determines that the balance discrepancy was not a result of the customer use of the card, it will either replace the card or refund the purchase. Prior to receiving a refund or a replacement, the customer, must return the purchase to giftme via an authorized trackable shipping when applicable. Giftme will only honor returns that fall into this category for claims made within 7 days of the purchase. The claim must submitted through the dispute system in the app. Please keep a copy of the time stamp and submission for your records. After 7 days, giftme shall not be responsible for any balance discrepancy or cards cancelled by the merchant. The service fee is not refundable.
22. Right To Refuse An Order. giftme reserves the right to refuse any order placed. Additionally, if there was a mistake in the price of an order or coupon applied, giftme reserves the right to notify the customer to pay the difference or cancel the order. giftme reserves the right to cancel the order at anytime.
23. Venue; Applicable Law. This site and mobile application is created and controlled by giftme Inc. in the State of Delaware, USA. As such, the laws of Delaware will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
24. Lapsed Accounts: In order to keep giftme membership roster current, if a Member does not access his or her account for a period of 90 days or more, giftme may, in its sole discretion, terminate such Member's account. will endeavor to notify a Member of giftme intent to terminate such Member's account by notice to such Member's provided email address at least RE days prior to deactivation. If the Member fails to respond to such email notice with 10 days after the day it is sent by giftme, such Member's account will be terminated as noted above. Therefore, giftme strongly recommends that all Members keep their accounts and contact data current and in use. While giftme Inc. desires to prevent active accounts from being terminated prematurely, giftme has no obligation to maintain accounts that appear to giftme to have been abandoned. Each Member agrees that failure to access his or her account for 90 days or more conclusively indicates that such Member's account has been abandoned and that the account may therefore be terminated.
25. Verify Members' Address: giftme reserves the right to contact a Member via email to verify the accuracy of account information (including the Member's correct name and address) that is needed to provide the Member with the information he or she requested from giftme.
26. Sell and Trades: The following terms apply to Sellers and Traders who utilize the Sell and Trade sections of the giftme Mobile Application to sell or trade their gift cards. For simplicity, we will hereinafter only use the term Sellers. Sellers who transact and sell their gift card(s) to giftme agree that as a condition to receiving payment the Seller consents to and authorizes giftme to withdraw or charge-back its method of payment should it determine at any later time that the gift card(s) sold were acquired fraudulently or whose balance has changed from the time the original transaction has taken place and GIFTME determines this balance depletion to be a result of the sellers use or the use of an affiliated party, or due to an expiration date/merchant inactivity fees which occur earlier than 1 year from the date of the sale. If ACH was used as a method of payment, the seller authorizes GIFTME in such an event to make a withdrawal of the funds deposited. If the seller has supplied GIFTME with a credit card number, the seller authorizes GIFTME to charge the applicable amount to the card. If GIFTME is not successful in making an ACH withdrawal, charging back its method of payment, or charging the sellers credit card, the seller is personally responsible to issue a full refund to GIFTME. If no refund is issued, GIFTME reserves the right to collect reimbursement with any other methods sanctioned by the law of the state of Delaware. If legal actions are required to collect reimbursement the seller will be responsible to additionally reimburse GIFTME Inc. for any legal fees incurred.
27. Promotional and Expiration Date: giftme Inc. does not accept gift cards that are promotional, have any restrictions, or have an expiration date.
28. Standard users cannot purchase more than $300 worth of face value Gift Cards per day; Verified bulk buyers can purchase up to $1,500 per day to be determined at the sole discretion of giftme.
29. You cannot list a Gift Card in excess of $2,000 in face value;
30. Electronic Gift Cards must have a minimum balance of $5;
31. The Gift Card must be able to used within the U.S.;
32. You may not list a Gift Card for more than its face value;
33. You may not create more than one Member Account on giftme;
34. You must reside in the U.S. and transact any purchase or sale transaction on giftme only from within the U.S.;
35. To be a Member of giftme, you must always maintain a valid and up to date credit or debit card (with available funds) on file with your Member Account;
36. To be a Seller on giftme, you must have a valid and current credit card on file with your Member Account;
37. You may not use or redeem any Gift Card you list for sale on giftme while it is listed or after it is sold on giftme;
38. You may only sell Gift Cards for which you are the rightful legal owner and which you have obtained legally and in accordance with any applicable terms and conditions of such Gift Card;
39. You will not allow your Member Account to have a negative balance;
40. Your Member Account is for your own personal use and you are not permitted to have a friend or other person use your Member Account on giftme;
41. You are responsible for your own tax reporting (if applicable) and payment of any applicable taxes with respect to any Sales Transactions on giftme; and
43. You may not engage in the resale of Gift Cards pruchased or otherwise acquired on giftme;
44. Engage in, or be involved in, any criminal and/or fraudulent activities, including not limited to, the following with regard to any Gift Cards bought and/or sold on giftme: (i) use of a Gift Card by the Seller after sale or in a manner that diminishes the value represented on giftme; (ii) any sale (or attempted sale) of a Gift Card to multiple parties; (iii) the use of any fraudulent or unauthorized payment method to acquire Gift Cards on giftme; (iv) provision of fraudulent, invalid, stolen or improperly obtained Gift Cards for sale on giftme or (v) the use of Gift Cards to perpetrate or facilitate any other criminal activity; and
46. By selling on or to giftme you agree that the cards are legally obtained; that you are the true legal owner of the gift card; that the balance of the gift cards sold to and through giftme are as advertised; further you agree that giftme can pursue all legal avenues to recover assets both material and immaterial should the cards you provide be fraudulent or stolen.