Last Updated: June 1, 2016.
PLEASE READ THESE CORPORATE TERMS OF SALE (“TERMS”) CAREFULLY BEFORE PURCHASING PRODUCTS IN BULK FROM THE GYFT.COM WEBSITE (“GYFT SITE”). THESE TERMS APPLY TO YOU, AS A VALIDLY EXISTING BUSINESS, AND ONLY ADDRESS YOUR PURCHASE OF CLOSED LOOP RETAIL PREPAID CARDS, IN BULK, FOR THE SOLE PURPOSE OF REDISTRIBUTION TO CONSUMER OR END USERS.
To understand your rights and obligations related to your general access to and use of the Gyft Site and mobile applications, please read our Terms of Service located on the Gyft Site (see www.gyft.com/terms-of-service).
Gyft, Inc. (“Gyft,” “we” or “us”) makes products available for purchase through the Gyft Site and mobile applications. Your purchase of any Gyft products in bulk is governed by these Terms. Keep in mind that the products that you purchase in bulk will have their own terms and conditions as described in the Use of Gift Cards section below.
When you purchase our Gyft products in bulk, you are agreeing to be bound by these Terms and you acknowledge that such agreement constitutes a binding contract between you and Gyft and its Affiliates. If you do not agree to these Terms, do not make any purchases from Gyft. Because you are agreeing to the Terms on behalf of a business/company, you represent and warrant that you have the authority to bind such entity to the Terms and the terms “you” or “your” refer to such company/business.
Gyft reserves the right to change, modify, add or remove all or part of these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes by posting such changes on our websites or mobile applications and updating the “Last Updated” date at the top of these Terms. We encourage you to review these Terms each time you make a bulk purchase from Gyft to ensure you understand the terms and conditions that apply to such bulk purchase. Your continued use of Gyft products indicates your acceptance of any changes to the Terms.
PURCHASING GIFT CARDS IN BULK
Enrollment
Subject to completing our enrollment requirements, various gift cards, eGift card and gift codes (collectively, “Gift Cards”) will be available for you to purchase, in bulk, for your business.
In order to enroll, you will need to submit an inquiry to Gyft via the Gyft Site at www.gyft.com/bulk/. On the Gyft Site, you will be asked to provide us with information about you and your business (including: name, email, phone number, website URL and details about your gift card use) to allow Gyft to conduct due diligence on your business and, if deemed appropriate, approve your request for an account.
Protection of Confidential and Proprietary Information during Enrollment and Due Diligence: The information that you and Gyft may exchange during the enrollment process and the information that you provide to Gyft during due diligence is considered confidential and proprietary information of the disclosing party. Each of us, as the recipient of such confidential and propriety information, will: (a) protect the discloser’s confidential and proprietary information using at least reasonable care; (b) use the discloser’s confidential and proprietary information only in connection with the enrollment process, due diligence and Gyft’s provision of the Gyft products; (c) not share the discloser’s confidential and proprietary information with anyone other than courts, government authorities, employees/agents of the recipient who need it to do their jobs; (d) be responsible for any person listed in subsection (c) that fails to protect or handle the discloser’s confidential and proprietary information in the manner required herein; and (e) promptly notify the discloser (if legally allowed) of any subpoena, order, or request to share the discloser’s confidential and proprietary information that the recipient receives from a court or government authority and, if asked, cooperate reasonably with discloser’s efforts to obtain a protective order.
After due diligence is complete and you are approved, you will set the username and password for your account. Usernames and passwords are confidential and must not be distributed or disclosed by you to third parties. If you wish to change your password in the future, you can do so within the Gyft Site by clicking the “Forgot Password” link.
General Requirements and Restrictions
You must be a valid and legally existing business in the United States that is organized and existing in good standing under the laws of the state in which you are organized. You also agree that you are solely responsible for complying with all laws and regulations that are applicable to your business and your use of Gyft’s products, including but not limited to consumer privacy laws and data security/safeguarding laws.
You may only purchase Gift Cards, in bulk, for redistribution to end users (including, your employees or other consumers) in the United States.
You may only enroll for one account and you agree to: (i) provide accurate, current and complete information; (ii) maintain and promptly update your account information to keep it accurate, current and complete; (iii) maintain the security of your account and accept all risks of unauthorized access to your account; and (iv) promptly notify Gyft (at www.gyft.com/contact-us/) if you discover or otherwise suspect that your account or password has been subject to unauthorized use.
During the period of time that you maintain an account with us, you agree to maintain a valid email address where we may deliver information, notifications and disclosures to you. You will promptly notify us of any change in your email address. You understand that our ability to provide you this information is dependent upon this maintenance of a valid email address.
Gyft may reject enrollment and refuse access to or use of our Gift Cards, products or services to anyone at any time, in its sole discretion. If your account is disabled by us, you, or anyone acting under your discretion, is/are strictly prohibited from creating another account on the Gyft Site.
After enrollment is complete, you may purchase Gift Cards in bulk amounts from the Gyft Site, based upon your balance of funds and in accordance with these Terms, our Terms of Service and our Privacy Policy (all available on the Gyft Site).
Payment and Your Available Balance
Gyft customer service will contact you to finalize your account terms and to receive your initial payment. All payments made by you must be either (a) via wire transfer from your bank account; or (b) by credit card (American Express, Discover, Visa or MasterCard). If you pay for your purchases by credit card, you will be ineligible for any discounts that may be offered by Gyft. By making the purchase using a credit card, you also acknowledge that you are authorized to use the designated credit card, you authorize us to charge your purchase to that credit card, and you authorize us to process and store your payment and related information. Payment card processing fees may apply even if the credit card has expired or changed by the time you submit the charges. You are responsible for resolving any problems we may encounter in order to proceed with your bulk Gift Card order. Please be aware that your initial payment by credit card may result in a delay in processing your order.
In the event that we do not receive your payment (including, for example, because your credit card cannot be verified, is invalid or is not otherwise acceptable), we may suspend or cancel your account and your bulk Gift Card order will automatically cancel. You are responsible for resolving any problem we encounter in order to proceed with your order. You will be able to view your account balance, for future purchases, by going to partner.gyft.com. You may also add additional funds to your account by contacting your Gyft sales representative.
Restricting Access to Account Funds for Investigations
We may restrict access to funds in your account to allow us to investigate the use of your account, resolve any pending dispute, in response to a court order or if otherwise requested by law enforcement or any governmental entity. We may restrict access to funds in your account for the time that it takes for us to complete any pending investigation or resolve a pending dispute. We also may restrict access to your funds as required by law, court order, or if we receive a lawful request from law enforcement or governmental entity.
GIFT CARD TERMS AND CONDITIONS
No Return of Gift Cards
All purchases that you make on the Gyft Site are final and the Gift Cards that you purchase in bulk are non-refundable and non-returnable, provided, however, that if a Gift Card does not function, we may, in our sole discretion, either refund you the Gift Card purchase amount or replace the defective Gift Card with an alternative Gift Card or with products or services of equal value for the same Gift Card Vendor, defined below. If you have any questions or problems with your order, please contact us at www.gyft.com/contact-us/.
Order Errors
We attempt to be as accurate as possible and to eliminate errors on the products that we sale; however, Gyft does not represent or warrant that any Gift Card and information about the Gift Card (including the description, Vendor information or pricing information) provided is accurate, complete, reliable, current or error-free. In the event of an error in an order confirmation, in processing a Gift Card purchase or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged.
Use of Gift Cards
The Gift Cards that you purchase are issued and activated by participating third-party merchants, retailers and vendors (collectively “Vendors”). After purchasing a Gift Card, these Terms will no longer apply and the Gift Card will be governed by certain terms and conditions established by the issuing Vendor. Depending on the applicable law of your jurisdiction and the promotional nature of certain Gift Cards, Vendors may set expiration dates for such Gift Cards, in addition to other restrictions and requirements. You (or the recipient of the Gift Card) should review and familiarize yourself with all applicable Vendor terms and conditions. If you have questions regarding the applicable Vendor terms, please contact the issuing Vendor.
As issuers of the Gift Cards, Vendors (and not Gyft) are fully responsible for all aspects of their Gift Card programs. Vendors are also responsible for any and all liabilities, damages and costs suffered by you (or the recipient of the Gift Card) in connection with your purchase and the use of their Gift Card. While Gyft strives to work with reputable Vendors, Gyft has no liability for (i) the sale of products or services through the use of any Gift Card; and (ii) any Vendor’s failure to honor a Gift Card.
Documentation of Bulk Transactions and Account Inquiries
At the time of your bulk purchase, you will receive an email receipt for the transaction. Retain the receipt for your records. You can access your current balance on your account after each purchase at partner.gyft.com.
If you think a receipt is wrong or you have a question concerning your account, you may send a letter to us at: Gyft, 150 West Evelyn Ave, Mountain View, CA 94041, or visit www.gyft.com/contact-us as soon as you can. We must hear from you no later than 60 days after your purchase/transaction date and you must provide the following information: (i) your name and your company name; (ii) a description of the error or the transaction you are unsure about, and an explanation as to why you believe it is an error or why you need more information; (iii) the dollar amount of the suspected error; and (iv) your account username or email address. If you tell us verbally, we may require that you send us your complaint or question in writing within 10 business days.
No Liability for Gift Cards Subsequent to Delivery
Gyft is not responsible for any value lost from a Gift Card subsequent to your purchase and our delivery to you. To reduce the likelihood of such a loss, however, Gyft recommends protecting your computers, systems and devices with an appropriate password.
Disputes with Merchants
You (or the recipient of the Gift Card) agree to make a good faith effort to settle all disputes about purchases made using the Gift Card with the merchant who accepted the Gift Card.
Expiration
The expiration of your Gift Card is dependent on the specific Vendor policies. We have no control over the expiration date, however, most Gift Cards have no less than a 5 year expiration date, and many have no expiration date. After the Gift Card has expired or is deactivated, it is no longer valid. All transactions will be declined.
ADDITIONAL SERVICES
In addition to your purchase of Gift Cards in bulk, your enrollment and account includes access to the following:
- Customer service via live chat during chat hours;
- Customizable emails to the recipients of your Gift Cards;
- Access to your balance;
- Order confirmation emails and ongoing email communications from Gyft.
Disclaimer of Liability
In addition to the disclaimers, limits on liability and indemnification obligations applicable to your use of any products and services on www.gyft.com and set forth in the Terms of Service, you waive and release Gyft and its subsidiaries, Affiliates, partners, vendors, distributors, officers, directors, employees and agents from any liabilities, damages and costs arising from or related to (i) your loss or the theft of any Gyft product (including Gift Cards); and (ii) any act or omission of a Vendor in connection with a Gift Card it provides.
With respect to all Gyft products, risk of loss and title for such products pass to you when you complete your purchase of the applicable product or Gift Cards. Gyft is not responsible for any damage or loss resulting from stolen or lost products (including Gift Cards) or any use of your Gyft products (including Gift Cards) without your permission. Gyft is not responsible for replacing your damaged or lost Gift Card.
Gyft and its vendors, distributors, licensees, Affiliates, and licensors make no warranties, express or implied, with respect to the Gyft products (including Gift Cards), including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. All Gift Cards are freely transferrable within the USA. These disclaimers and limitations may or may not apply to you and are void where prohibited.
In providing Gift Cards, we disclaim any duty or responsibility other than those expressly set forth in these Terms and the Terms of Service on www.gyft.com. Among other things, Gyft is not liable for the following:
- If your transaction or bulk order for Gift Cards would exceed the funds available.
- If your connectivity, computer, system or device is not working properly.
- If circumstances beyond our control (such as flood or fire or other natural disaster) prevent the transaction or fulfillment of your order, despite reasonable precautions that we may have taken.
- Any issue covered by the Disclaimer of Liability section above.
- As otherwise stated in these Terms or provided by law.
Termination or Suspension
We reserve the right to close your account or take other appropriate actions if you violate these Terms or any policies or terms on www.gyft.com in whole or part.
We may modify or close your account for any reason or no reason at any time with or without notice, and without liability of any kind or nature to you or any third party. We may also suspend your access to your account (including the funds in your account) if you (a) have violated these Terms, (b) pose an unacceptable risk to us, or (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct.
If your account is terminated for any reason or no reason you agree: (a) to immediately stop using your account and placing bulk orders; (b) that we reserve the right, but have no obligation, to delete your information and account data stored on our servers; and (c) that we shall not be liable to you or any third party for termination of your account or deletion of your information or account data.
You may terminate or close your account at any time. Upon closure of an account, any pending transactions will be cancelled and we will erase your balance from your account. Any funds that we are holding in custody for you at the time of closure, less any applicable fees, will be paid out to you in a reasonable time. If an investigation is pending at the time you close your account, we may hold your funds as described herein. If you are later determined to be entitled to some or all of the funds in dispute, we will release those funds to you.
Upon termination of your account, you will remain liable for all amounts due under your account up to and including the date of termination.
Excluded Users and Territories
You are not permitted to make purchases from Gyft if you are (i) not a validly existing business in the United States that is purchasing Gift Cards, in bulk, for the sole purpose of redistribution to consumers in the United States; (ii) located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services; (iii) identified as a “Specially Designated National”; or (iv) placed on the U.S. Department of Commerce’s “Denied Persons List or Entity List” or any other U.S. export control list.
Privacy
Please refer to our Privacy Policy for information about how we collect, use and disclose information and data [see https://giftsolutions.wpengine.com/privacy].
Severability
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Waiver
Enforcement of the Terms is solely in our discretion and our failure to enforce a provision in some instances does not constitute a waiver of our right to enforce such provision in other instances.
Contact Us
If you have any questions or concerns regarding these Terms or the Gyft products and services, please contact us at: support@gyftstaging.wpengine.com; or by mail to: Gyft, Inc. Attn: Customer Support, 150 West Evelyn Ave, Mountain View, CA 94041.
Entire Agreement, Severability, Affiliates
These Terms constitute the entire agreement between you and Gyft with respect to your purchase of Gift Cards in bulk and supersedes any other agreement, proposals and communications, written or oral, between Gyft and you with respect to the subject matter hereof. If a court should find that one or more rights or provisions contained herein are invalid, you agree that the remainder of the Terms shall be enforceable.
References to our “Affiliates” in these Terms means all present or future legal entities that are directly or indirectly owned or controlled by First Data Corporation (or its successor entities) and expressly exclude Kohlberg Kravis Roberts & Co. or any of its portfolio companies other than First Data Holdings Inc. and its subsidiaries. The term “control” in the preceding sentence means the ability to direct the management of such entity and the term “owns” or “ownership” means the beneficial ownership of more than fifty percent (50%) of the equity interest in an entity.