Marketing and Sale
GroupGifting.com, Inc. d/b/a eGifter ("eGifter", "we", "us", "our") offers various gift cards (each a “Gift Card”) issued by their respective retailer or merchant (“Issuer”) for purchase through our website and mobile applications (“Site”) as part of the services we offer through our Site (the “Services”) to our customers (“you”, “your”). Your purchase and use of the Gift Cards are subject to these terms (“Gift Card Terms”). Capitalized terms not defined in these Gift Card Terms shall have the meaning ascribed to such term in the applicable master services agreement (“Agreement”).
Certain Issuers require specific approval for your participation in a Gift Card program, with such approval being granted or denied in such Issuer's sole discretion. If required, eGifter will work with you to gather and submit the information required for approval by an Issuer and use commercially reasonable efforts to obtain such approval.
Except as expressly agreed to in writing by eGifter, Gift Cards may not be resold by you directly to end users. Gift Cards may only be sold to third party businesses for use with incentive and reward programs. Use of a Gift Card sold to you other than as preapproved by an Issuer is strictly prohibited and will result in a suspension or loss of your privileges to purchase some or all Gift Cards provided by eGifter.
You understand that Gift Cards are subject to the availability by the Issuer and we may be required by an Issuer to impose quantity limits on a Gift Card order, reject all or any part of a Gift Card order or discontinue the Gift Cards of a specific Issuer. In such cases, we will endeavor to provide you with prompt notice.
You represent and warrant that you will only offer Gift Cards for lawful purposes and will implement and maintain commercially reasonable security measures to prevent fraudulent use of any Gift Cards. You agree to abide by all terms and conditions of an Issuer, including any restrictions on the distribution of Gift Cards outside of the United States. You agree not to offer Gift Cards for any purpose to any country which is subject to embargo or other trade restrictions of the United States Government.
Your use of any Issuer brand names, logos or images (e.g., in websites, advertising, emails) requires our prior written approval to ensure compliance with Issuer requirements. Upon your request, eGifter will assist with obtaining any requirements of Issuer and its trademarks with respect to your proposed use of such names, logos or images.
Delivery and Redemption
As defined in an applicable Order, following your purchase of a Gift Card, we will either (a) transmit a Gift Card Claim Link (“Claim Link”), digital eGifter Rewards Choice Card™, or other digital Gift Card (collectively, “Electronic Cards”), or (b) ship a physical Gift Card (“Physical Cards”), in each case to you or your designated recipient. The Claim Link or eGifter Rewards Choice Card™ may then be redeemed for a specific Issuer’s digital or physical Gift Card. Electronic Cards are loaded upon outbound transmission and Physical Gift Cards are loaded upon shipment from our loading dock. Claim Links and eGifter Rewards Choice Cards™ expire six (6) months from the date of transmission.
Except for the eGifter Choice Card™ and eGifter rewards Choice Card™, eGifter is not an Issuer of a Gift Card. You agree and acknowledge that eGifter is not responsible for, provides no warranty with respect to, and is not otherwise liable for, the redemption of any Gift Card. An Issuer shall be solely responsible for the redemption of its Gift Card, and you understand that any customer service issues associated with Gift Card redemption is the sole responsibility of the pertinent Issuer. You hereby waive and release eGifter and its affiliates and their respective directors, officers, employees, agents, and stockholders (collectively, “eGifter Parties”) from any liabilities arising from or related to any act or omission of an Issuer with respect to such Issuer’s Gift Card.
Except as otherwise defined in the Agreement, all risk of loss and title for Gift Cards will pass to you or your designee upon our outbound transmission of an Electronic Card or shipment from our loading dock. We are not responsible if an Electronic Card or Physical Card is lost, stolen, destroyed, or used without permission after such outbound transmission or shipment, as the case may be. We are not responsible if any Gift Card is rendered unsuitable for redemption by an Issuer through no fault of eGifter.
Unless otherwise mutually agreed in writing and permitted by an Issuer, Gift Cards may not be returned for refund or credit and may not be exchanged. Notwithstanding the foregoing, should you or your designee experience any difficulty redeeming a Gift Card purchased through the Services, eGifter will use commercially reasonable effort to troubleshoot and resolve the issue with Issuer.
Indemnities and Remedies
Notwithstanding any of your existing indemnification obligations contained in the Agreement, you will defend, indemnify, and hold harmless eGifter and its Affiliates, and each of its officers, directors, employees, representatives, successors, assigns, and agents from and against any third party allegation, claim, loss, damage, judgment, settlement, expense, interest, assessment, and any other liability (including reasonable attorneys’ fees and costs) to the extent directly or indirectly arising out of or relating to a breach by you of any of your warranties, representations, and obligations in these Gift Card Terms.
You agree and acknowledge that your strict compliance with these Gift Card Terms was a material premise on which the Agreement and any applicable Order was bargained and that failure to so comply will affect the economics of such agreement. Accordingly, in the event of your breach of these Gift Card Terms, eGifter reserves the right to rescind, deduct from your Deposit Account, or otherwise recover any discounts applied to the purchase of the Gift Cards, in addition to any other remedies available at law or in equity.
If you are a business that has received prior written approval to sell Gift Cards to a third party business, including Customers or End Users as such terms are defined in the Reseller Addendum (collectively, “Sub-Users”) then such approval remains subject to these Gift Card terms. You agree and acknowledge that, (a) you remain primarily obligated for compliance by you and your Sub-Users with these Gift Card Terms, (b) you shall cause each Sub-User to comply with the terms and conditions of these Gift Card Terms as if such Sub-User was substituted for you as a party, including with respect to all of your obligations herein, and (c) any act or omission of a Sub-User shall be deemed your act or omission for purposes of these Gift Card Terms.