Business Terms & Conditions
GIFTEDD SOLOTIONS INC.
Terms and Conditions
[Recently updated: March, 2020]
PLEASE READ AND REVIEW THESE TERMS CAREFULLY BEFORE USING THE PLATFORM.
Welcome to Gifted, the gifting appreciation platform for managing your company's gifting and recognition program, for both employees and clients.
These Terms and Conditions (“Terms”), as well as our Privacy Notice, as both may be amended and updated from time to time, govern your relationship with Giftedd Solutions Inc.(“Gifted” or “we”), and set forth the terms and conditions under which Giftedd makes available its websites (“Sites”), including the gifting platform available at: https://gifted.co/ (“Platform”), and the services available through the Sites or otherwise provided by Giftedd (collectively, the “Services”), and constitute a binding, legal agreement between Giftedd and any corporate or private user (“User” or “you”).
Giftedd reserves the right to update and change these Terms from time to time, without notice or acceptance by Users, so please check this page regularly for updates and changes.
By using the Services or the Platform in any manner, you indicate expressly that you have read, understand, and agree to these Terms and the Privacy Notice, that you acknowledge that your engagement with Giftedd will be subject to these Terms, and you undertake to comply with them. In the event you are using the Platform on behalf of a corporation or organization (“Company”), you declare that you are authorized to enter into this agreement with Giftedd on behalf of Company, and that your approval of these Terms will be fully binding upon the Company. In the event you are entering into this agreement on behalf of a Company, the term “you” as used in these Terms shall apply to both the Company and the person engaging with the Platform on behalf of the Company.
If you, or the Company, do not agree with any of the Terms, you should immediately cease and discontinue any and all use of the Platform and the Services. As long as you do not cease using the Platform and the Services, you, or the Company, as applicable, will be conclusively deemed to have accepted these Terms.
1. THE PLATFORM
1.1. The Platform enables Users to create an account and manage their gifting needs via a designated appreciation dashboard (“Dashboard”). Through the Platform, you will be able to create gifting activities for employees and clients, in a wide variety of personal and professional occasions and recognition opportunities, while purchasing and distributing gift cards (“Gift Cards”) enabling the recipient of the Gift Card (“Recipient”) to choose his or her gift from a plethora of third party goods and services, in diverse categories including fashion, food & dining, beauty, sports & outdoors, spa, entertainment, home, vacation, babies and kids, and others.
1.2. Once you register to the Platform and open a User account (“Account“), you will be able to create or upload to the Dashboard lists of Recipients, initiate gifting activities and choose the value of the Gift Cards and other specifications for each activity. In connection with such activities, you will be requested to provide us with certain details regarding the Recipients so that we may provide you with the Services, such details include the Recipients' names and email addresses or phone numbers, and may also include additional information depending on the gifting activity initiated. For example, in connection with birthdays gifting, you will be requested to provide the Recipients' birth dates, so that we may send the Gift Card to the Recipient on the appropriate date of his or her birthday. For more information on how we use personal data and your obligations and rights in connection with such data, see our Privacy Notice.
1.3. Through the Dashboard you will also be able to manage your Account's balance, as well as view statistics and reports concerning your gifting program.
1.4. Gift Cards provide Recipients with a predetermined value, to be used in connection with the Recipient's chosen gift out of the relevant variety of the third party goods and services (“Gifts”). Please note that Giftedd does not provide any of the Gifts directly, all of which are provided and delivered by third party vendors (“Third Party Vendors”). While we make our best efforts to engage with quality and trust worthy Third Party Vendors, we cannot guarantee that all Gifts delivered pursuant to the Gift Cards will be free from flaws or errors, will be available or in stock at all times, or will meet the expectations of the Recipient.
1.5. In addition, Third Party Vendors may have additional terms and conditions applicable to the exercise of the Gift Cards, which Giftedd does not control and will not be responsible for. Users are solely responsible to review any and all information provided by the Third Party Vendors, including Gift description and exercise terms and conditions.
2. REGISTRATION AND ACCOUNT MANAGEMENT
2.1. Upon registering for an Account on the Platform, you will be requested to choose access authorizations, such as user name and password. You are solely responsible for maintaining the confidentiality of your password. You agree not to use the Account, or access authorizations of another User at any time, or to disclose your access credentials to any third party.
2.2. You agree to notify us immediately if you suspect any unauthorized use of your Account or access credentials. You are solely responsible for any and all use of your Account, and any activities occurring therein.
2.3. On the Platform you will be able to create additional authorized Users for your Account, and set their level and scope of authorizations. You are responsible for appropriately allocating user authorizations for your Account, and should exercise discretion when granting authorizations to users.
2.4. In connection with your registration and Account, you –
2.4.1. warrant and represent that any information provided by you at the time of registration is complete, truthful and accurate;
2.4.2. agree to ensure that such information is kept up to date at all times;
2.4.3. represent and affirm that you are at least eighteen (18) years of age and may otherwise lawfully enter into and make binding contracts under applicable law;
2.4.4. represent and affirm that you have the legal capacity to enter into this agreement with Giftedd, including on behalf of the Company, and that this agreement will not conflict with any other agreements or arrangements between you and any other person or entity.
2.5. If any billing information and payment source are or become invalid or if payment charged to you is declined, your Account may be suspended or terminated without prior notice, at Giftedd’s discretion.
2.6. Giftedd may, in its sole discretion, refuse to offer access to or use of the Platform to any person or entity, and change its eligibility criteria at any time. This provision is void where prohibited by law and this right is revoked in such jurisdictions.
3. PAYMENTS AND REFUNDS
3.1. In order to initiate a gifting activity through the Platform, you must first charge your Account by making the appropriate payment, and ensure your Account's balance holds sufficient funds for the desired gifting activity, constituting the product of multiplying the selected Gift Card value with the number of Recipients. Once payment is made, Gifted requires up to 72 hours before the Account is activated, in order to conduct necessary fraud detection procedures. Therefore, you should verify that you make the required payment at least 3 business days prior to such time when you wish to initiate the gifting activity.
3.2. In the event your Account's balance contains insufficient funds to cover the total cost of the selected gifting activity, you will not be able to perform such activity until the necessary funds are deposited in your Account.
3.3. You may fund your Account by making payments through a valid credit card, debit card, or ACH transfer. By providing Giftedd Solution Inc with the necessary ACH details, you give Giftedd Solution Inc permission to debit your account with the amount authorized by you.
3.4. You may not use a Gift Card to purchase other Gift Cards. Gift Cards cannot be reloaded, resold, transferred, assigned or redeemed for cash. Any attempt to reload, resell, transfer, assign, or redeemed a Gift Card for cash shall be void.
3.5. Refunds for Gift Cards purchased are only available so long as the links containing the options to redeem the Gift Cards (“Links”) have not been sent to the Recipients. Once the Links have been sent to the Recipients, whether the Recipients already selected the chosen Gift Card through the Link or not, you will not be able to cancel the activity or receive a refund in connection therewith.
3.6. A Link sent to a Recipient shall be in effect for a period of 24 months as of the day the Link was sent to the Recipient. In the event that a Recipient did not use the Link and select a Gift within 24 months from the day the Link was sent to the Recipient, the Link will be canceled automatically and neither the User shall be entitled for a refund nor will the Recipient be eligible to use the Link to exercise any Gifts.
3.7. In the event you wish to cancel a gifting activity or certain Gift Cards, prior to the delivery of the Links to the Recipients, you may request to do so by sending us a written notification via email to email@example.com, specifying the relevant activity details and full and accurate bank account details to facilitate the refund. If the refund request is valid and complete, we will refund your bank account within 14 business days of receiving your notification.
3.8. Please note that certain statuary cancelation fees and/or expenses may be charged to you upon cancelation of any Gift Card purchase, and shall be set off any amount refunded to you by Giftedd with respect to such cancelation.
3.9. Unless otherwise specified on the Platform, all amounts payable to Giftedd in connection with the Services do not include any taxes (including without limitation, VAT or any similar tax), customs, duties, fees, or other charges assessed or imposed by any governmental authority provided, however, that the User shall have no liability for income assessed to Giftedd.
3.10 In case you want to cancel links sent to the recipients, please send an email to firstname.lastname@example.org.
Link cancelation will be done with 7 business days from the date of the request. A 5% service fee from the total value of the canceled links will be deducted from the amount returned to the user's account.
4. RESTRICTED USES
4.1. You undertake that you shall not, and shall not permit or assist others to do any of the following -
4.1.1. Interfere with or disrupt the Platform, Sites or Services or servers or networks connected to them, deny service to, hack, crack, reverse engineer, or otherwise interfere with the Platform, Sites or Services in any manner, or disobey any requirement, procedure, policy, or regulation of networks connected to the Platform, Sites or the Services;
4.1.2. Engage in excessive usage of the Platform as determined by Giftedd in its sole discretion, including usage that adversely affects the speed, responsiveness, or functionality of the Platform, or disrupts the availability of the Sites and the Services for other Users;
4.1.3. Use the Platform or the Sites for any illegal, immoral or unauthorized purpose, to encourage criminal behavior or conduct that would constitute a criminal offense under any law, or in a manner that could give rise to civil liability or other lawsuit, including but not limited to, using the Platform and/or the Sites in order to download content in violation of copyright, for distribution or development of any malware, to take any action consisting of piracy on the web, etc.;
4.1.4. Attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Platform, Sites, or Services or any software related thereto;
4.1.5. Use the Platform and/or Sites in a way that infringes or violates these Terms, or infringes or violates the rights of any third party, including the Recipients and Third Party Vendors;
4.1.6. Sell, distribute, copy, duplicate, or otherwise reproduce all or any part of our Platform and/or the Sites;
4.1.7. Create a database by systematically downloading and storing all or any content contained in the Platform and/or Sites;
4.1.8. Use the Platform or Services to conduct activities that constitute violations of privacy or data protection under applicable laws, or provide Giftedd with any personal data which User is not authorized to disclose to Giftedd;
4.1.9. Violate or attempt to violate the security of the Platform and/or the Sites, including without limitation by (i) accessing data that is not intended for your use; (ii) log on to a server or account that you are not authorized to access; (iii) probe, scan or test the vulnerability of any system or network related in any way to the Platform or the Sites without proper authorization; (iv) breach any security or authentication measures without proper authorization; (v) interfere with service to any host, network, other user, including without limitation, sending unsolicited e-mail, flooding, spamming, mail bombing, or crashing; (vi) sending promotions and/or advertising materials in violation of applicable laws.
4.2. Giftedd reserves the right to suspend or terminate any Account and inform law enforcement authorities in the event of any attempt to make a suspected restricted use, without prejudice to any other rights or remedies to which Giftedd may be entitled with respect thereto.
4.3. You shall not sell, sublicense, resell, rent, lease, lend, redistribute, convey, or otherwise transfer the Services and/or any Gift Cards, or any portions thereof, to any other party who is not a Recipient, unless authorized to do so explicitly by Giftedd.
4.4. You represent and warrant that no cost, fee and/or commission of any kind shall be imposed upon a Recipient upon distribution of a Gift Card.
5. REDEMPTION OF GIFT CARDS
5.1. Gift Cards are redeemable by Recipients in accordance with the policies of the relevant Third Party Vendor, for goods and services at the Third Party Vendor's retail locations, or at such other location as the Third Party Vendor makes available. Subject to the terms and conditions hereunder and the applicable law, no fees of any kind will be imposed on the Recipients of Gift Cards.
5.2. Any Gifts redeemed using Gift Cards, are the sole responsibility of the Third Party Vendor providing the Gift, including without limitation; the shipping and handling of Gifts, and Giftedd explicitly disclaims any liability with respect thereto.
5.3. Returning of Gifts, cancelations and refunds related to Gifts are subject to the Third Party Vendor's return, refunds and cancelation policies and applicable law.
5.4. If you are the Recipient of a Gift Card, please note that Gift Cards have a monetary value and should be safeguarded accordingly. You are solely responsible for maintaining adequate security and control of any and all access authorizations, passwords, personal identification numbers, or any other codes that you use to access or use your Gift Card (for example, the access authorizations to your email account in relation to Gift Cards received via email).
5.5. You are solely liable for any loss or damage resulting from the theft and the loss of a Gift Card, and Giftedd explicitly disclaims any liability with respect thereto. If you believe that the confidentiality of any of your access authorizations has been compromised or that someone has copied or stolen your Gift Card, please contact the Giftedd Customer Support immediately at the following address email@example.com.
5.6. Giftedd does not warrant, represent or undertake to replace any stolen or lost Gift Cards, and it may do so in its sole discretion. Please also note that stolen and/or lost Gift Cards which have been redeemed at any time prior to your notification to customer support as indicated above, shall not be replaced under any circumstances. Please note that certain fees and/or expenses may apply upon the replacement of any lost or stolen Gift Card.
5.7. Giftedd shall not be liable or responsible towards the User or Recipient with respect to Links that were canceled in accordance with Section 3.6 above.
6. GROUP EVENTS AND TEAM BUILDING ACTIVITIES
6.1. The Platform enables users to purchase Gift Cards for events and team building activities, such as meals, tours, workshops and other events for groups (“Events”), to be provided by the Third Party Vendors and coordinated by the User organizing the Event on the Platform (“Event Organizer”) with the relevant Third Party Vendor.
6.2. Once an Event Organizer has selected a Third Party Vendor for administration of an Event, the Event Organizer shall be provided with contact details of the Third Party Vendor. The Event Organizer must contact the Third Party Vendor directly in order to coordinate and organize the Event.
6.3. You may also customize your Event by sending content, such as logos and other materials, to the Third Party Vendor, and coordinating the use of such content with the Third Party Vendor.
6.4. You acknowledge that Giftedd does not organize or hold any Events, all of which are provided solely by the Third Party Vendors.
6.5. You are responsible to ensure that participants of Events comply with acceptable codes of conduct and meet any terms and conditions set by the Third Party Vendor (such as age limitation, required physical condition for participation, etc.). You are also responsible to ensure that the Event selected is appropriate and compatible with the needs of your organization and the participants of the event.
6.6. You are responsible to submit to the Third Party Vendor any special requests and needs of the participants of your Event (such as dietary requests, allergies, disabilities, etc.).
7. CONTENT AND INTELLECTUAL PROPERTY
7.1. Certain content and information provided on and through the Platform and the Sites including, without limitation, Giftedd's logos, trademarks, graphics, designs, information, texts, images, data, software and other material displayed, available or present on or underlying the Platform, or the Sites that do not originate from Third Party Vendors (collectively, “Giftedd Content”), are the copyrighted and/or trademarked work of Giftedd or its licensors, and may not be used without express written permission from us, other than for attribution.
7.2. Giftedd retains all rights, including any intellectual property rights in the Giftedd Content. You hereby acknowledge that you have no right, title or interest in or to any Giftedd Content, and that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Giftedd Content in any manner.
7.3. Through the Platform, you may personalize and brand the Gift Cards provided to Recipients by uploading and using your logo, trademark and other content (collectively, “User Content”). By uploading and using any User Content in relation to the Services, you represent and warrant that you have all valid legal rights to the User Content, that the User Content is not defamatory, objectionable or unlawful and does not infringe any third party's rights (including privacy rights and intellectual property rights).
7.4. You hereby grant Giftedd a non-exclusive, royalty-free and worldwide license to use the User Content in connection with the Services.
7.5. Customer acknowledges and agrees that Giftedd does not and cannot review User Content and is not responsible, does not control any User Content and does not guarantee the accuracy, integrity or quality of such content.
8. PRIVACY AND DATA PROTECTION
8.1. Giftedd collects and processes personal data in accordance with Giftedd's Privacy Notice ("Privacy Notice").
8.2. If you wish to understand how and why uses personal data, and to whom such data may be transferred, you should refer to the Privacy Notice.
9. REASONS FOR FAILED DELIVERY
9.1. If you have confirmed the Recipient's email address but the Gift Card has not been viewed within a reasonable period after the requested delivery date, following is a list of the most common reasons why delivery may have failed:
• Spam filter blocked email or routed it to a bulk/spam folder;
• Recipient's firewall blocked the email;
• Email inbox is over size limit;
• Invalid email address.
9.2. If a spam filter is blocking emails from getting to an inbox, try modifying the email options so that firstname.lastname@example.org & email@example.com emails are not filtered as spam. If you need further assistance, contact our customer support at the following address firstname.lastname@example.org. Please refer to your order number, or be ready to supply your email address.
10. NOTICE AND TAKE DOWN
10.1. Giftedd respects the rights of its Users and third parties. If you believe certain content related or available on the Platform infringes your rights or the rights of others, including without limitation, any intellectual property rights, privacy rights, etc., you should notify us immediately of such content, by sending Giftedd a notice to: email@example.com.
10.2. When providing Giftedd with notification of infringing content, please specify the following details:
10.2.1. Identify the material that you claim is infringing, as well as material infringed if any;
10.2.2. Provide information reasonably sufficient to permit Giftedd to contact you (email address is preferred);
10.2.3. Provide information, if possible, sufficient to permit Giftedd to notify the owner/administrator of the allegedly infringing content (email address is preferred);
10.2.4. Provide a statement that it is your good faith belief that the content identified is infringing and that the information you provided is accurate and complete.
10.3. Giftedd may block contested content, and may reinstate it, and shall not be liable for any such action taken in connection with contested content.
11. WARRANTY DISCLAIMERS
USER ACKNOWLEDGES AND AGREES THAT THE PLATFORM AND THE SERVICES, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," AND ARE USED ONLY AT THE USER'S SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. GIFTEDD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE PLATFORM, THE SITES AND THE SERVICES (INCLUDING CONTENT, PRODUCTS, INFORMATION, SOFTWARE, GIFTS AND GIFT CARDS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, OR LACK OF VIRUSES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
12. LIMITATIONS OF LIABILITY AND REMEDIES
GIFTEDD’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH GIFTEDD (INCLUDING WITHOUT LIMITATION YOUR USE OF THE PLATFORM) IS TO DISCONTINUE YOUR USE OF THE PLATFORM. GIFTEDD AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES, PLATFORM OR SERVICES FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR REGISTRATION TO THE PLATFORM. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF GIFTEDD HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, GIFTEDD'S LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. GIFTEDD DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THE PLATFORM OR THE SITES. USER ACKNOWLEDGES AND AGREES THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, GIFTEDD WOULD NOT BE ABLE TO OFFER THE SITE, PLATFORM OR THE SERVICES.
13. DISPUTES WITH THIRD PARTY VENDORS
Should you have a dispute with one or more Third Party Vendor, you hereby release Giftedd (and Giftedd's officers, directors, agents, subsidiaries, affiliates, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You agree to defend, indemnify and hold harmless Giftedd and its respective officers, directors, employees and agents, from and against any and all damages, claims, demands, actions, judgments, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your violation of any term of these Terms or applicable laws; and (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right.
15.1. We may change these Terms at any time, so please review these pages regularly.
15.2. Giftedd does not guarantee continuous, uninterrupted access to the Platform and operation of the Platform may be interfered with by numerous factors outside Giftedd's control.
15.3. The failure to require performance of any provision shall not affect Giftedd's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.
15.4. References on the Platform to any names, marks, products or services of third parties, including the Third Party Vendors, or links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Giftedd's endorsement, sponsorship or recommendation of the third party, its information, products or services. Giftedd is not responsible for the practices or policies of such third parties, nor to the content of any third party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites. If you decide to follow a link to any such third party sites, you do so entirely at your own risk, and pursuant to such third party's terms and policies, including any policies regarding the collection, use and disclosure of your personal data. It is your responsibility to review any such terms and policies before using any third party site.
15.5. Giftedd may assign this agreement at any time to the successor in interest in connection with a merger, consolidation or other corporate reorganization.
15.6. The Platform and these Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to principles of conflicts of law. You agree that all such disputes shall be brought to the exclusive jurisdiction of the competent courts of New York City, New York and agree not to commence any Litigation relating thereto except in such venues.
15.7. You may give notices to Giftedd by email to firstname.lastname@example.org.