The following describes the terms on which Giftly Inc. offers you access to our site and services.
Through the Site, you are able to purchase, redeem, and manage Giftly Prepaid Gifts ("Gifts" or "Gift Cards") issued by Sunrise Banks, N.A. ("Sunrise Banks", "our banking partner", "the bank").
While Giftly markets and maintains this Site, the Gift you are purchasing or have received is a banking product issued by Sunrise Banks. Giftly is a service provider for Sunrise Banks. Please see the Gift Agreement that is the legal agreement between you and Sunrise Banks, which you enter into upon purchasing or receiving a Gift.
Giftly is not a bank, a money services business ("MSB"), a money transmitter ("MTB"), or an issuer of stored value products, as defined by the United States Department of Treasury.
The terms and conditions below in their entirety are a legal agreement ("Agreement") between you and Giftly. To use the Service, you must accept all of the terms of this Agreement. By clicking on the "Log in", "Sign-up", "Gift it", "Buy now", "Place order", "Get my gift card", "Receive my funds", or "Redeem" buttons you agree to accept all of the Terms.
When you buy a Gift, you will be charged for the value of the Gift plus fees for processing, printing, and shipping and handling, as applicable (together, the "Purchase Fees").
You authorize Giftly to charge your credit card, debit card, or other form of payment. You are responsible for the timely payment and for providing Giftly with a valid form of payment.
Giftly and Sunrise Banks reserve the right to deny or cancel any purchase made on the Site.
Once your purchase has been made, the funds associated with your purchase are directly transferred to a custodial account at our partner bank that is owned and controlled by the bank.
The funds associated with your Gift will be held by the bank until the Recipient redeems the Gift.
Refund - Within 90-days of purchase and prior to the Gift being redeemed, you may request a refund for your purchase through the Order Details link in your purchase receipt. The value of the purchase, minus any Purchase Fees, will be returned to you in accordance with our cancellation policy.
To redeem a Gift and receive the funds being held for you, follow these steps:
Enter the code that is either printed or displayed on the notification that you received. Or, if you received the Gift via email, click on the link or button in the email.
Click the "Redeem" button and select how you'd like to receive the funds associated with your Gift.
If you have a pre-existing Account, log in. If you do not have a pre-existing Account, create one. As part of the Account creation process, you will provide Giftly with necessary personal and financial account information so you can receive the funds.
Once Giftly has validated your redemption request, Giftly transmits this request to our partner bank. Our partner bank then transfers the funds from the custodial account to the financial account you specified.
Giftly and Sunrise Banks reserve the right to deny any redemption requests it receives that it deems to be illegitimate or in violation of these terms of service.
A Giftly Account ("Account") allows you to conveniently access Gifts that you have sent and received. You must have an Account to redeem a Gift.
If you don't already have an Account, you will need to create an Account when submitting the information required to redeem a Gift.
By creating an Account, you agree to allow Giftly to collect information about you and your use of the Service. You agree to provide accurate and complete information when you register with, and as you use, the Site. You further agree to update your registration information in order to keep it accurate and complete. You agree that Giftly may store and use the information you provide.
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. You acknowledge that you provide your personal information at your own risk and Giftly shall not be liable for the unauthorized access of your personal information.
In using our Services, you may be exposed to content and information from other users or third parties ("Third-Party Content"), either at our Site or through links to third-party websites. We do not control, and shall have no responsibility for, Third-Party Content, including material that may be unlawful, misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate the veracity of, and bear all risks associated with your exposure to, Third-Party Content.
What you need to have to use the Service - Use of the Service requires Internet access and certain software (fees may apply), and may be affected by the performance of these, and other, factors. You agree that these requirements are your responsibility.
Giftly does not warrant, represent, or guarantee that its Site or Service will be available on your mobile device. If you do use a mobile device to access the Service, you are subject to the terms of your agreement with your mobile device manufacturer and carrier. You may incur charges from your mobile carrier for accessing the Service, which are solely your responsibility.
To access the Service you represent and warrant to Us that: (a) you are at least eighteen (18) years of age; (b) a person in the United States; (c) that the Recipient of the Gift is a person in the United States and at least eighteen; (d) you are eligible to register and use the Service and have the right, power, and ability to enter into and perform under this Agreement; (e) the name identified by you when you create your Account is your legal name (f) any transaction entered into by you will represent a binding agreement; and (g) you and all transactions initiated by you will comply with all applicable federal, state, and local laws, rules, and regulations, including any applicable tax laws and regulations.
Giftly's Rights - We reserve the right to decline to provide the Service to any person for any or no reason. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Service and Sites. Giftly reserves the right to close an Account or take other appropriate actions if such user violates any of the Terms in whole or part, or engages in any conduct Giftly deems inappropriate.
Electronic Contracting - Your use of the Service requires you to enter into agreements and to make transactions electronically. You acknowledge that your using of the Service constitute your agreement and intent to be bound by such agreements. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this Site, including notices of cancellation, policies, contracts, and applications. To access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Interacting with other Members of the Service - You are solely responsible for your interactions with other users of our Service. We will not be responsible for any damage or harm resulting from your interactions with other users of our Service. We do not confirm any user's purported identity. We do not endorse any persons who use or register for our Services. We do not investigate any user's reputation, conduct, morality, criminal background, or verify the information that any user submits to the Site.
If you receive a Gift from someone whom you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, or who engages in any other disturbing conduct, you should report such person to the appropriate authorities and to us by contacting Support. Your report of misconduct by another shall not obligate us to take any action, unless required by law, or cause us to incur any liability.
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users will be limited to a claim against the particular user or users who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from Giftly. You release Giftly from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your communication or interaction with other users on the Site.
Intellectual Property - You agree that the Service, including graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Service, contains proprietary information and material that is owned by Giftly, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
"Giftly", "www.giftly.com", and other Giftly trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Giftly Inc. in the United States. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
You may not display any portion of our Site in an iframe, or any content from our Site through in-line links, without our prior written consent, which may be requested by contacting us at firstname.lastname@example.org. You may, however, establish ordinary links to the homepage of our Site without our written permission.
Giftly or Sunrise Banks may cancel any transaction that you submit to us if we believe that the transaction is in violation of any agreement or exposes you, other users, our service providers, or Giftly to harm. Harm includes fraud and other criminal acts. If we reasonably suspect that your Gift has been used for an unauthorized, illegal, or criminal purposes, you give us express authorization to share information about you, your Gift or purchase and any of your activity with law enforcement authorities.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to our Services, (b) deactivate or delete any of your accounts and all related information in such accounts and (c) bar your access to any of such information or Services.
You shall use our Services in a manner consistent with any and all applicable local, state, national and international laws and regulations.
If you use our services, you do so at your sole risk. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We do not warrant that (a) our services will meet your requirements; (b) our services will be uninterrupted, timely, secure, or error-free; (c) any information that you may obtain through our services will be accurate or reliable; (d) the quality of any products, services, information or other material purchased or obtained by you through our services will meet your expectations; or (e) any errors in any data or software will be corrected.
If you access or transmit any content through the use of our services, you do so at your own discretion and your sole risk. You are solely responsible for any loss or damage arising out of such access or transmission.
No data, information or advice obtained by you in oral or written form from us or through or from our services will create any warranty not expressly stated in these terms.
Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors.
These Terms shall be interpreted in accordance with the laws of the State of Delaware and the United States of America, without regard to conflict-of-law principles.
We shall not be liable for damages of any kind (including, but not limited to, any direct, incidental, general, special, consequential, exemplary or punitive damages) even if we have been advised of the possibility of such damages, arising from or relating to: (a) the use or inability to use our services; (b) harm or damage to your property as a result of using our services; (c) disclosure of, unauthorized access to or alteration of your content; (d) any harm to you caused in whole or part by a third party, including but not limited to another user of the services; (e) statements, conduct or omissions of any user or other third party on our services; or (f) your or anyone else's conduct or acts in connection with the use of the services, including without limitation from interactions with other users of our services or persons introduced to you by our services, whether on-line or off-line.
We shall not be liable for any failure or delay in performing under these terms due to causes beyond our reasonable control, including but not limited to acts of nature and power, internet, and email discontinuity.
In no event will our aggregate liability to you or any third party in any matter arising from or relating to with our Services or these Terms exceed the sum of one hundred U.S. dollars ($100).
We shall not be liable for any loss, expense, failure to perform, or delay caused by failure of communication systems, accidents, strikes, fire, flood, war, riot, civil strife, terrorist attack, earthquake, power outage, funds transfer system or government rules, acts of third parties, or any cause that is beyond our reasonable control.
You will indemnify, defend and hold us harmless (and our respective employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of our terms and conditions; (b) your wrongful or improper use of the Service; (c) any transaction submitted by you through the Service (including without limitation the accuracy of any product information that you provide or any claim or dispute arising out of products or services offered or sold by you); (d) your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (e) your violation of any law, rule or regulation of the United States or any other country; or (f) any other party's access and/or use of the Service with your unique username, password or other appropriate security code.
Except as expressly provided in this Agreement, these terms are a complete statement of the agreement between you and Giftly, and describe the entire liability of Giftly and its vendors and suppliers and your exclusive remedy with respect to your access and use of the Service. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Giftly's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Giftly will not be responsible for failures to fulfill any obligations due to causes beyond its control. In the event of a conflict between this Agreement and any other Giftly agreement or policy, this Agreement shall prevail on the subject matter of this Agreement. Headings in this Agreement are included for convenience only, and shall not be considered in interpreting this Agreement.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount sought is less than $10,000.00 USD per claimant, the dispute shall be resolved through binding non-appearance-based arbitration before a sole arbitrator and through an alternative dispute resolution (ADR) provider selected by the party initiating arbitration from a list of qualified providers maintained by Giftly. The parties further agree that the prevailing party in the arbitration shall be entitled to recover its costs of arbitration or of any related court proceedings (including attorneys' fees and expenses), collection agency fees, and any applicable interest. The arbitrator's award shall be final and binding on the parties, who undertake to fulfill the terms of the award without delay. Judgment on the award may be entered in any court of competent jurisdiction.
Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty or right arising under this Agreement or by law must commence within one year after the cause of action accrues.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Giftly without restriction.
If any provision of this Agreement is held to be invalid or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions of this Agreement.
Giftly reserves the right to take steps we believe are reasonably necessary or appropriate to enforce or verify compliance with any part of this Agreement. You agree that Giftly has the right, without liability to you, to disclose any registration data and other Account information to law enforcement authorities, government officials, or a third parties, as Giftly believes is reasonably necessary or appropriate to enforce or verify compliance with any part of this Agreement.
Giftly is not responsible for any typographical errors.
We reserve the right to modify these Terms or policies relating to the Services at any time, effective upon posting on the Site. You are responsible for regularly reviewing these Terms. By using this Site, you agree that the posting of new or revised terms and conditions on the Site will constitute adequate and constructive notice to you of any and all revisions and changes. Continued use of the Service after any such changes or after explicitly accepting the new Terms upon logging into the site shall constitute your consent to such changes.
Please contact us at email@example.com with any questions regarding these Terms.
Last Updated: October 1, 2016
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