Last Updated: January 4, 2016
Gyft, Inc. (“Gyft,” “we” or “us”) makes products available for purchase through our website and mobile applications. Your purchase of any Gyft product is governed by these Terms of Sale (“Terms”). Your purchase of a Vendor’s gift card, described in Section 1.3 below, is governed by the applicable terms and conditions of that gift card and these Terms will cease to apply at the time of such purchase. Your use of the Gyft websites and mobile applications is governed by our Terms of Service, see here.
These Terms are a legal agreement between you (“you,” or “your”) and Gyft. By purchasing Gyft products and/or clicking to “Accept” these Terms where that option is made available to you, you agree to be bound by these Terms. If you do not agree to these Terms, do not make any purchases from Gyft.
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 purchase from Gyft to ensure you understand the terms and conditions that apply to such purchase. Your continued use of Gyft products indicates your acceptance of any changes to the Terms.
- Gyft Products
1.1 Virtual Gyft Cards. Our websites and mobile applications allow you to buy and send our non-reloadable Gyft Card (“Gyft Card”). The Gyft Card may be initially loaded in variable amounts with specified increments but no more than $2,000 per card and is only valid for the purchase by you (or the recipient of your Gyft Card) of Vendor gift cards via the Gyft websites or mobile applications. Gyft Cards can NOT be used in retail stores. If you purchase multiple Gyft Cards on a single day, the total/aggregate amount that you load on all the cards should not exceed $2,000 in a single day. Gyft Cards have no fees and will never expire; however, based upon the laws in the applicable state, if you (or the recipient of your Gyft Card) do not use the Gyft Card your funds may be escheated to such applicable state. Gyft Cards are not redeemable for cash and no refunds or exchanges will be provided for Gyft Cards (except as required by law).
1.2 Gift Cards. We offer a variety of gift cards and gift codes (collectively, “Gift Cards”) for purchase via our websites or mobile applications. Gyft accepts various forms of payment, including by credit or debit card (each, a “Payment Card”), PayPal, Apple Pay, Google Wallet and Bitcoin. In addition, Gift Cards can be purchased with a virtual Gyft Card (described in Section 1.1 above). All Gift Cards are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or any part of an order and to discontinue products without notice, even if you have already placed your order. The total/aggregate amount that you may load on one or multiple Gift Cards in a single day should not exceed $2,000. All prices are subject to change without notice and the price charged to you will be the price displayed at the time you place your order.
After purchasing a Gift Card, these Terms will no longer apply and you (or the recipient of the Gift Card) must activate the Gift Card by following the instructions provided by the Vendor, defined below. The Gift Card will only function upon such activation. Activated Gift Cards may be available within seconds; however, additional time may be required for certain activations. If your Gift Card has not been activated within 30 seconds, please contact us at email@example.com.
Gift Card Vendor Terms and Liability. Gift Cards purchased via our websites or mobile applications are issued and activated by participating third-party merchants, retailers and vendors (collectively “Vendors”). Your purchase of each 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 should review and familiarize yourself with all applicable Vendor terms and conditions prior to purchasing any Gift Card. 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 any other customer in connection with your purchase and 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 to you by a Vendor through the use of any Gift Card; and (ii) any Vendor’s failure to honor a Gift Card. You will need to look solely to the Vendor for any remedy in connection with the foregoing issues.
Gift Card 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.
- In addition to the disclaimers, limits on liability and indemnification obligations set forth in the Terms of Service, which apply to these Terms and are incorporated herein by this reference, you waive and release Gyft and its subsidiaries, affiliates, partners, 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 the Gyft products, risk of loss and title for such products pass to you when you complete your purchase of the applicable product. Gyft is not responsible for any damage or loss resulting from stolen or lost Gyft product (including Gift Cards) or any use of your Gyft product (including Gift Cards) without your permission. Gyft is not responsible for replacing your damaged or lost Gyft product or Gift Card.
- Gyft and its licensees, affiliates, and licensors make no warranties, express or implied, with respect to the Gyft products, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose.
- Subject to the monetary caps described in Section 1 above, Gyft products are transferrable within the USA; however, you can NOT resale Gyft Cards to a third party.
These disclaimers and limitations may or may not apply to you and are void where prohibited.
- Payment Options
When making a purchase on the website or a mobile application, Gyft accepts various forms of payment, including by Payment Card, PayPal, Apple Pay, Google Wallet and Bitcoin. Unless otherwise indicated, the denominated value of the Gyft product (including Gift Card) will be billed in full at the time you purchase, and Gyft provides, the Gyft product or Gift Card. By making the purchase, you acknowledge that you are authorized to use the designated Payment Card or other payment method and you authorize us to charge your purchase order to that Payment Card or other payment method. When you provide your payment information, you authorize us (or a third party payment processor) to process and store your payment and related information. In the event that the Payment Card or other payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically. Payment Card processing fees may apply even if the Payment Card has expired or changed by the time Gyft submits the charges. You are responsible for resolving any problem we encounter in order to proceed with your order.
- Gyft Card Balances
When you purchase a Gyft Card via the website or mobile application, the value of that Gyft Card (or multiple Gyft Cards) will be the “Gyft Card Balance” in your account. You may not have a Gyft Card Balance of over $2,000 in any single day. On the checkout page, any remaining Gyft Card Balance will be automatically applied towards your purchase. You can choose to not use your Gyft Card Balance towards a purchase. The Gyft Card Balance is also valid for purchase of any Gift Cards and can be used in combination with other payment methods. Your Gyft Card Balance and Gyft Points cannot be used together towards a purchase.
With respect to the Gift Cards that you purchase on the website or mobile applications, the amount paid for any Gift Card does not include sales, value added or use taxes, which may be charged to you separately by the applicable Vendor at the time you purchase products or services from the Vendor using the Gift Card.
- Gyft Points
You will earn Gyft Points on the purchase of a Vendor’s Gift Card. You DO NOT, however, earn Gyft Points on (i) your purchase of a Gyft Card; or (ii) the value of the subsequent purchase of a Vendor’s Gift Card with your Gyft Card or with your Gyft Card Balance. Please see the Terms of Service [at https://gyft.com/terms-of-service] for details.
- Cancellations; No Returns
All purchases made on the websites or mobile applications are final. Purchased Gift Cards are non-returnable and non-refundable, 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. If you have any questions or problems with your order, please contact firstname.lastname@example.org.
- Excluded Users and Territories
You are not permitted to make purchases from Gyft if you are (i) located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services; (ii) identified as a “Specially Designated National”; or (iii) placed on the U.S. Department of Commerce’s “Denied Persons List or Entity List” or any other U.S. export control list. Gyft Cards are only available for purchase and use in the USA.
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.
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, please contact us at: email@example.com; or by mail to: Gyft, Inc. Attn: Customer Support, 150 West Evelyn Ave., Suite 300, Mountain View, CA 94041.