THESE CORPORATE TERMS OF SALE ("BULK TERMS") GOVERN THE PURCHASING OF ANY GIFT CARDS IN BULK FROM THE EGIFTER.COM WEBSITE ("SITE"). PLEASE READ THESE TERMS CAREFULLY BEFORE MAKING A PURCHASE. THESE TERMS APPLY TO YOU, AS A VALIDLY EXISTING BUSINESS, AND ONLY ADDRESS YOUR PURCHASE OF CLOSED LOOP RETAIL DIGITAL GIFT CARDS ("GIFT CARDS"), IN BULK, FOR THE SOLE PURPOSE OF REDISTRIBUTION TO CONSUMER OR END USERS.
Please read our Terms of Service located on the eGifter Site (see https://www.egifter.com/terms) to understand your rights and obligations related to your general access to and use of the eGifter Site and mobile applications.
eGifter, Inc. ("eGifter," "we" or "us") offers you the ability to make a bulk purchase of closed loop Gift Cards through the eGifter Site and mobile applications. Your purchase of any Gift Cards in bulk is governed by these Bulk Terms. In addition, any Gift Cards that you purchase will have their own terms and conditions as described below in the Gift Card Use paragraph. When you purchase Gift Cards in bulk, you are agreeing to be bound by these Bulk Terms and you acknowledge that such agreement constitutes a binding contract between you and eGifter and its Affiliates. If you do not agree to these Bulk Terms, do not make any purchases from eGifter. Because you are agreeing to the Bulk Terms on behalf of a business/company, you represent and warrant that you have the authority to bind such entity to the Bulk Terms and the terms "you" or "your" refer to such company/business.
eGifter 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. 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 eGifter products 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 inquiry form via the eGifter Site at www.eGifter.com/bulk/register/. On the eGifter Site, 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.
Once your account is approved, you will have access to our bulk order system 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 for your account. 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
You must be a valid and legally existing business that is organized and existing in good standing under the laws of the state in which you are organized and you must be authorized to bind the company to any purchases. 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 protected] if you discover or otherwise suspect that your account or password 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 or use of our Gift Cards, at any time, in its sole discretion. If your account is deactivated by us, you, or anyone acting under your discretion, is/are strictly prohibited from using the Site.
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. 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 account balance, for future purchases, by going to the eGifter Bulk Order System Dashboard. You may also add additional funds to your account via the dashboard or by contacting your representative or the eGifter accounting department at [email protected]
Restricting Access to Account Funds for Investigations
eGifter may restrict access to funds in your 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 account for the time that it takes for us to complete any pending investigation or resolve a pending dispute. We also may restrict access to your funds as required by law, court order, or if we receive a lawful request from law enforcement or governmental entity.
GIFT CARD TERMS AND CONDITIONS
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 [email protected]
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, Vendor information or pricing information) provided is accurate, complete, reliable, current or error-free. In the event of an error in an order, 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 for such order) or to cancel the order and refund any amount charged.
Use of Gift Cards
Except for the eGifter Rewards Choice Gift Card, eGifter is not the issuer of any Gift Cards. The Gift Cards that you purchase are issued and activated by participating third-party merchants, retailers and vendors (collectively “Issuers”). 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. The Gift Card will only function upon such activation. Upon activation, the Gift Card will be governed by certain terms and conditions established by the Issuer. 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. 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 Retailer 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.
The risk of loss and title for eGifter Rewards Choice Cards pass to the purchaser upon our electronic transmission to the purchaser, recipient or delivery to the carrier, whichever is applicable. We are not responsible if an eGifter Rewards Choice Card is lost, stolen, destroyed or used without your permission. The eGifter Rewards Choice Cards expire six months from delivery date, or as otherwise defined in an applicable Master Services Agreement (MSA) or Statement of Work (SOW).
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 CHOICE CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH EGIFTER 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 protected] 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.
No Liability for Gift Cards Subsequent to Delivery
eGifter is not responsible for any value lost from a Gift Card subsequent to your purchase and our delivery to you. 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.
Disputes with Merchants
You (or the recipient of the Gift Card) agree to make a good faith effort to settle all disputes about purchases made using the Gift Card with the Issuer who accepted the Gift Card.
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, however, most Gift Cards will not have any expiration date. If a Gift Card has expired or is deactivated, it is no longer valid. All transactions will be declined. Through the eGifter Bulk Order System or API, eGifter delivers either live eGift 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 link. Claim links expire six months from delivery date. 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 a 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. All Gift Cards are freely transferrable within the USA. 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 and the Terms of Service on www.eGifter.com. eGifter is not liable for the following, including but not limited to:
- If you place an order that exceeds the funds available on your account.
- If your Internet connectivity, computer, system or device is not working properly.
- If circumstances beyond our control such as flood or fire or other natural disaster (“Force Majeure Event”) prevent the transaction or fulfillment of your order, despite reasonable precautions that we may have taken.
- 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 or any policies or terms on any eGifter site 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 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 account. Any funds that we are holding in custody for you at the time of closure, less any applicable fees, will be paid out to you. 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 (i) not a validly existing business in the USA purchasing Gift Cards, in bulk, for the sole purpose of redistribution; (ii) 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: [email protected]; 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.