eGifter, Inc. (“eGifter,” “we” or “us”) offers you (“you,” “yours” or “Company”) the ability to make a bulk purchase of closed loop gift cards (Merchant gift cards), or open loop gift cards, collectively “Gift Cards” through the Site. These Gift Cards are issued by the respective closed loop merchant or open loop issuing bank (Issuer). If you choose to purchase open loop gift cards, additional approvals will be required and you will also be bound by the additional terms of the selected open loop Issuer, which will subsequently become part of the Terms.
Any capitalized terms used herein that are not defined herein, are defined in other documents that are part of the Terms.
Your purchase of any Gift Cards in bulk is governed by these Terms. In addition, any Gift Cards that you purchase will have their own terms and conditions as described below. When you purchase Gift Cards in bulk, you acknowledge that such agreement constitutes a binding contract between you and eGifter and its Affiliates. If you do not agree to these Terms, do not make any purchases from eGifter. Because you are agreeing to the Terms on behalf of a business, you represent and warrant that you have the authority to bind such business to these Terms. You represent and warrant that such business is a validly existing business that is organized and existing in good standing under the laws of the state in which you are organized.
eGifter reserves the right to change, modify, add or remove all or part of these Terms at any time and in our sole discretion. You should review these Terms each time you make a bulk purchase from eGifter to ensure you understand the most recent terms and conditions that apply to such bulk purchase. Your continued use of the eGifter Site indicates your acceptance of any changes to the Terms.
PURCHASING GIFT CARDS IN BULK
Subject to an approved application, various Gift Cards will be available for you to purchase in bulk, for your business. In order to enroll, you will first need to complete the inquiry form on the eGifter Site at www.register.egifterrewards.com/bulk/register. On this form, you will be asked to provide us with information about you and your business (including: your name, company name, email, phone number, website URL and details about your gift card use). eGifter will then review your application for approval.
If your application is approved, you will have access to our Site and can make bulk purchases. Please note, all purchase are subject to review at any time in our sole discretion and we reserve the right to cancel an order at any time in our sole discretion. You will need to setup a username and password, creating an Account in the system. You represent and warrant that you will keep any usernames and passwords confidential at all times and that you will not disclose any usernames or passwords to any third parties. You can change your password within the eGifter Site by clicking the “Forgot Password” link.
General Requirements and Restrictions
Except as expressly agreed to by eGifter in writing, Gift Cards may not be resold by Company for any purpose whatsoever. You may only purchase Gift Cards, hereunder, for distribution to end users as part of a rewards or incentive program.
You may only have one Account and you agree to: (i) provide complete, accurate and current information; (ii) 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 eGifter at email@example.com if you discover or otherwise suspect that your Account has been subject to unauthorized use (v) maintain a valid email address where we may deliver information, notifications and disclosures to you.
eGifter may reject your application and refuse access to Gift Cards from eGifter, at any time, in our sole discretion. If your Account is deactivated by us, you, or anyone acting under your discretion, is/are strictly prohibited from using the Site.
After your application is approved, you may purchase Gift Cards in bulk amounts from the eGifter Site, up to the limits of your Deposit Account and in accordance with these Terms.
Payment and Your Available Balance
An eGifter representative will contact you to finalize any account terms and provide payment instructions. All payments are made in advance and must be via ACH or wire transfer from your bank account into your Deposit Account at eGifter. In the event that we do not receive your payment, we may suspend or cancel your Account, and your 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 Deposit Account balance for future purchases by logging into your Account. You may also add additional funds to your Deposit Account via the system, or by contacting your representative or the eGifter accounting department at firstname.lastname@example.org.
Restricting Access to Account Funds for Investigations
eGifter may restrict access to funds in your Deposit 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 Deposit Account for the time that it takes for us to complete any pending investigation or resolve a pending dispute.
No Return of Gift Cards
All purchases that you make on the 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 as a result of eGifter, 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.
If you have any questions or problems with your order, please contact us at support@eGifter.com.
eGifter strives to be the best at what we do and accuracy of orders is of the highest priority; however, eGifter does not represent or warrant that any Gift Card, and information about the Gift Card, including the description, Merchant information or pricing information, provided is accurate, complete, reliable, current or error-free. In the event of an error in an order, in the processing of a Gift Card purchase or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price for such order). or to cancel the order and refund any amount charged.
Use of Gift Cards
Upon activation, the Gift Card will be governed by certain terms and conditions established by the respective closed loop or open loop Issuers. Depending on the applicable law of your state and whether the Gift Cards are promotional in nature, Issuers may set expiration dates for such Gift Cards, in addition to other restrictions and requirements that each individual Issuer will have at their sole discretion, subject to applicable law. You (or the recipient of the Gift Card) should review and familiarize yourself with all applicable Issuer terms and conditions and related laws. If you have questions regarding the applicable Issuer terms, you should contact that Issuer directly.
Issuers (and not eGifter) are fully responsible for all aspects of their Gift Card programs. Issuers 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 eGifter attempts to work only with reputable Issuers, eGifter has no liability for (i) the sale of products or services through the use of any Gift Card; and (ii) any issuer’s failure to honor a Gift Card.
eGifter Rewards Choice Card™ Terms
eGifter Rewards Choice Cards™ must be redeemed toward the purchase of eligible Merchant Gift Cards available at the time of redemption at the eGifterRewards.com website or any of our affiliated web sites, subject to change at our sole discretion. Purchases are deducted from the eGifter Rewards Choice Card balance.
EGIFTER MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EGIFTER REWARDS CHOICE CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT AN EGIFTER REWARDS CHOICE CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH EGIFTER REWARDS CHOICE CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Documentation of Bulk Transactions, Taxes, and Errors
At the time of your bulk purchase, you will receive an email receipt and an order confirmation number for the transaction. Retain this invoice for your records. You can access your current balance and view your order history. With respect to the Gift Cards that you purchase in bulk, the amount paid for such Gift Cards does not include any sales tax or other taxes which may be charged to you (or the recipient of the Gift Card) separately by the applicable Issuer at the time a purchase is made using the Gift Card.
If you think an invoice is incorrect or you have any questions concerning your account, you may contact your representative, email us at email@example.com or submit a request to eGifter support.
In order for us to review any invoice, you must notify us 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 looking to have reviewed, and explanation detailed explanation as to why you believe it is an error including the dollar amount of such error; and (iii) your account username or email address.
You are also responsible for any losses due to fraudulent activity on your account. To reduce the likelihood of such a loss, eGifter recommends protecting your computers, systems and devices using best practices for security.
The expiration (if any) of your Gift Card is dependent on the specific Issuer policies and should be clearly identified in the Issuer terms and conditions. We have no control over any expiration dates. If a Gift Card has expired or is deactivated, it is no longer valid and all transactions will be declined.
Through the eGifter Site, eGifter delivers either live Gift Card codes, or Claim Links (or email containing Claim Links) directly to recipients to track and verify claims. Your Deposit Account is charged upon our delivery of the code or Claim Link. Claim links expire in accordance with the Gift Card Terms. Credits for expired links are available with minimum purchase commitments.
Disclaimer of Liability
In addition to the disclaimers, limits on liability and indemnification obligations applicable to your use of any products and services on the Site and set forth in the eGifter Terms of Service, you waive and release eGifter 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 Gift Cards; and (ii) any act or omission of an Issuer in connection with a Gift Card it provides.
All risk of loss and title for Gift Cards will pass to you when you complete your purchase of such Gift Cards. eGifter is not responsible for any damage or loss resulting from stolen or Gift Cards or any use of the Gift Cards without your permission. eGifter is not responsible for replacing your damaged or lost Gift Card.
eGifter makes no warranties, express or implied, with respect to the Gift Cards, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. 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 accountability other than those expressly set forth in these Terms. eGifter is not liable for the following, including but not limited to:
- If you place an order that exceeds the funds available in your Deposit Account.
- If your Internet connectivity, computer, system or device is not working properly.
- Any issue covered by the Disclaimer of Liability section above.
- As otherwise stated in these Terms or provided by law.
Account Termination or Suspension
We reserve the right to close your Account or take other appropriate actions if you violate these Terms 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 Deposit 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; (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 Deposit Account. Any funds that we are holding in custody for you at the time of closure, less any applicable fees, will be refunded. If an investigation is pending at the time you close your Account, we may hold your funds as described herein until such investigation is resolved. 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.
You are not permitted to make purchases from eGifter if you are placed on the U.S. Department of Commerce’s “Denied Persons List or Entity List” or any other U.S. export control list.
Any failure to enforce a provision in some instances does not constitute a waiver of our right to enforce such provision in other instances.
If you have any questions or concerns regarding these Terms or any eGifter services, please contact us at: support@eGifter.com; or by USPS mail to: eGifter, Attn: Customer Support, 315 Main Street, 2nd Floor, Huntington, NY 11743.
Entire Agreement, Severability, Affiliates
These Terms constitute the entire agreement between you and eGifter with respect to your purchase of Gift Cards in bulk and supersedes any other agreement, proposals and communications, written or oral, between eGifter 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.