Consumer Terms of Use

PLEASE READ THESE CONSUMER TERMS OF USE CAREFULLY BEFORE USING ANY SITE HOSTED OR OPERATED BY eGIFTIFY.

The Merchant that issues a Gift Card that you purchase, tickets or packages that you purchase, or a marketing offer or promotion that you claim or redeem (each, a “Merchant”) has engaged and uses eGiftify and the eGiftify Sites, or a Merchant site powered by eGiftify, to provide you with the Services, and you hereby acknowledge and agree that eGiftify is an authorized third party vendor of the Merchant.

These Consumer Terms of Use (this “Terms of Use”) constitute the agreement between you and Treat Wallet, Inc. d/b/a eGiftify, a Delaware corporation (“eGiftify”), and apply to your access or use of the eGiftify websites, mobile sites, and/or mobile applications (collectively, the “eGiftify Sites”), or a Merchant site powered by eGiftify, and the content, features, and services, including without limitation providing Gift Cards, offers, ticketing and packages, promotions, and any other services on behalf of the Merchant (collectively, the “Services”) that are made available by eGiftify on behalf of the Merchant.

By accessing or using any of the eGiftify Sites or a Merchant site powered by eGiftify to purchase a Gift Card or use any of the other Services, you certify that you are at least 18 years of age and are intending to create a binding legal obligation to agree to and comply with these Terms and Conditions. IF YOU DO NOT AGREE TO THESE CONSUMER TERMS OF USE, YOU HEREBY ARE GIVEN NOTICE THAT YOU MAY NOT USE THE eGIFTIFY SITES, A MERCHANT SITE POWERED BY EGIFTIFY, OR THE SERVICES. As the Services and Applicable Laws are constantly evolving, eGiftify expressly reserves the right, in its sole discretion, to amend, modify, add, or delete all or a portion of these Terms of Use at any time without notice. It is your responsibility to review these Terms of Use periodically for changes. Your access or use of the eGiftify Sites or a Merchant site powered by eGiftify or the Services following any amendment of these Terms of Use will signify and constitute your assent to and acceptance of such revised Terms of Use as of such date.

For clarity, the agreement governing your ownership, issuance, use, and redemption of the Gift Cards, or the terms and conditions applicable to offers, tickets or packages, promotions, or similar, as applicable, is solely between you and the Merchant.

IN PARTICULAR, PLEASE REVIEW THE FOLLOWING SECTIONS OF THESE CONSUMER TERMS OF USE CAREFULLY: (A) ARBITRATION AGREEMENT; (B) LIMITATION OF LIABILITY; (C) DISCLAIMER OF WARRANTIES; AND (D) RELEASE.

Part I – Payment and Gift Card Services

1. Payment and Gift Card Services. Depending on your country of residency, eGiftify may offer additional Services such as payment services made available by eGiftify through the eGiftify Sites or a Merchant site powered by eGiftify (the “Payment Services”) for electronic and physical gift cards and gift certificates issued by eGiftify on behalf of Merchant (each, a “Gift Card”).

You acknowledge and agree that all digital Gift Card and online physical Gift Card purchases are subject to a process that verifies information provided by you for credit card authorization, fraud prevention, and compliance with all Applicable Laws. In order to purchase a Gift Card, you need to provide certain information, including credit card related payment and billing information. Either eGiftify or the Merchant may request further information to validate the transaction. When providing such information, you represent and warrant that all information provided is current, complete, and accurate, and you will update and correct information you previously have submitted as and when applicable. The collection, use, storage, sharing, and disclosure of your information are subject to the eGiftify Privacy Policy, as the same may be updated from time to time, which is incorporated by reference into these Terms of Use. You acknowledge and agree that completion of your order is subject to the completion of the satisfactory review of the information submitted by you. If there is a discrepancy in the information that you provide, your order may be further delayed or held until the information can be verified. If the information cannot be adequately verified, your order may be cancelled at the sole discretion of eGiftify. eGiftify makes no representation that information, content, or materials on the eGiftify Sites, Merchant site powered by eGiftify, or the Services are appropriate or available for use in any particular location. Those who choose to access or use the eGiftify Sites, Merchant site powered by eGiftify, or the Services do so on their own initiative and sole risk, and are responsible for compliance with all Applicable Laws.

For clarity, all sales of Gift Cards and any payments of fess or other amounts made to eGiftify are final and payment is fully earned at the time of sale. No refunds will be provided by eGiftify for the purchase of any Gift Card or any other payment made to eGiftify. You may not return, cancel, or redeem for cash or credit any Gift Card after it is purchased, except as expressly provided for by applicable law. Gift Cards may not be resold by any unauthorized party under penalty of law, and any unauthorized resale or attempted resale may be grounds for cancellation of a Gift Card without reimbursement or other compensation. Please see Section 14 below for additional applicable terms.

Part II – Terms for All Services

2. Privacy Policy. eGiftify is committed to helping you safeguard your privacy online. As a condition to using the eGiftify Sites or a Merchant site powered by eGiftify, and the Services, you agree to be bound by the terms and conditions of the eGiftify Privacy Policy. While we understand that privacy is important to you, you agree that we may monitor, edit, or disclose your personal information in order to comply with Applicable Laws, any valid legal proceedings or government request, or as otherwise provided in these Terms of Use
3. Your Account. You may (solely to the extent required) create an account with eGiftify through the eGiftify Sites (“Account”) in order to use the Services, or to purchase, gift, or redeem (as applicable) Gift Cards or use other Services.
4. Communications from eGiftify. If you access or use a Merchant’s site powered by eGiftify, the eGiftify Sites, or the Services, you authorize eGiftify to communicate with you via electronic messages, including email, text message/SMS, or similar, as applicable for legitimate business interests in accordance with the eGiftify Privacy Policy. We note that if you would like to be able to receive text message/SMS communications, you must affirmatively elect to opt-in to receive such communications.
5. Technical Requirements. Access to the eGiftify Sites or a Merchant site powered by eGiftify, or use of the Services, requires internet access through your own computer, mobile device, or other electronic device. You are responsible for all charges, including without limitation mobile carrier data or text message charges, resulting from your use of the Services, including any notifications provided by the Services. If you have chosen to opt-in to receive text/SMS communications, in order to use the text/SMS based services, you must maintain an active account with a carrier of mobile communications and may not use a prepaid cellular phone to access such services. eGiftify does not guarantee that the Services will be compatible with all devices, browsers, operating system versions, web integrations, or will be supported by all mobile carriers. To the extent applicable, eGiftify is not responsible for the accuracy of location services. You may be required to have JavaScript or other similar technologies enabled to use the eGiftify Sites or a Merchant site powered by eGiftify, and some features and portions of the eGiftify Sites or a Merchant site powered by eGiftify (including, but not limited to, purchasing, sending, or canceling gift purchases) may not be accessible with JavaScript or other similar technologies disabled. The eGiftify mobile app may require you to grant permissions in your settings for some additional functions or features to be used when using your mobile device, such as weather services, location services, Push Notifications, Balance Updates, and others. You can change permissions in the mobile app settings at any time, provided that removing permissions may limit or prevent use of some or all of the features or functionality of the eGiftify mobile app. For clarity, all use by you is subject to the terms and conditions of the eGiftify Privacy Policy.
6. Modifications to Services. eGiftify reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the eGiftify Sites or a Merchant site powered by eGiftify. eGiftify will have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse will be to cease using the Services. Continued use of the Services following any such changes will indicate your acknowledgment of such changes and satisfaction with all the Services.
7. Intellectual Property Rights and Grant of Rights to User. The features, information, and materials provided and depicted through the Services, including without limitation the eGiftify Sites and content provided by Merchant and used under license or with permission, are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the “eGiftify Content”) are provided to you by eGiftify or its partners or licensors solely to support your permitted use of the Services. The eGiftify Content may be modified from time to time by eGiftify in its sole discretion. Except as expressly set forth herein, no license is granted to you for any other purpose, and any other use of the Services or the eGiftify Content by User will constitute a material breach of this Agreement. eGiftify and its partners or licensors retain all rights in the Services and eGiftify Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of eGiftify or any third party is granted under this Agreement. No information, content or material from the eGiftify Sites or a Merchant site powered by eGiftify may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way; and the use of any eGiftify Content, including without limitation any content provided by a Merchant, by you on any other website, computer environment, or otherwise, whether in original or derivative form, is strictly prohibited.
8. Application License. Subject to the terms and conditions of this Agreement, eGiftify grants User a non-exclusive, non-transferable, revocable license to use the eGiftify mobile applications, in object code form only, on User’s compatible mobile devices, solely to support User’s permitted use of the Services.
9. Use Restrictions. The Services and eGiftify Content are offered solely for User’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. eGiftify expressly reserves all its rights and remedies under Applicable Laws. eGiftify reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, or deny access to the Services. You agree not to (and not to allow any third party to): (1) use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Services or eGiftify Content, except as expressly authorized by eGiftify; (2) take any action that imposes or may impose (in eGiftify’s sole determination) an unreasonable or a disproportionately large load on the Services or eGiftify’s infrastructure; (3) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (4) rent, lease, copy, provide access to or sublicense any portion of the Services or eGiftify Content to a third party; (5) use any portion of the Services or eGiftify Content to provide, or incorporate any portion of the Services or eGiftify Content into, any product or service provided to a third party; (6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by Applicable Laws (and then only upon advance notice to eGiftify); (7) modify any Services or eGiftify Content or create any derivative product from any of the foregoing; (8) remove or obscure any proprietary or other notices contained in the Services or eGiftify Content; (9) use the Services or eGiftify Content for any illegal purpose; or (10) publicly disseminate information regarding the performance of the Services or eGiftify Content or access or use the Services or eGiftify Content for competitive analysis or benchmarking purposes. Although the eGiftify Sites or a Merchant site powered by eGiftify may be accessible worldwide, not all features or services discussed, referenced, provided or offered through or on the eGiftify Sites or a Merchant site powered by eGiftify are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. eGiftify reserves the right to limit, in its sole discretion, the provision and quantity of any feature or service to any person or geographic area. 
10. Fraud, Abuse and Harm. eGiftify may decide not to authorize or settle any transaction that you submit to us if eGiftify believes that the transaction is in violation of any agreement or exposes you, other users, our service providers or eGiftify or the Merchant to harm. Harm includes fraud and other criminal acts. If eGiftify reasonably suspects that your use of the eGiftify Sites or a Merchant site powered by eGiftify or the Services have been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your purchases through the eGiftify Sites or a Merchant site powered by eGiftify, and any of your activity with relevant law enforcement authorities.
11. Compliance with Laws; Export Control. You acknowledge and agree that your access and use of the eGiftify Sites or a Merchant site powered by eGiftify and the Services must be in compliance with all applicable local, state, federal, provincial/territorial, and international laws and regulations (collectively, “Applicable Laws”) at all times. You may not use, export, or re-export any eGiftify Sites or a Merchant site powered by eGiftify or other aspects of the Services (or any copy or adaptation of the foregoing) in violation of Applicable Laws, including without limitation fraud, illegal uses, or violations of United States and foreign export laws and regulations. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
12. Termination. eGiftify may suspend your ability to use all or any element of the Services or may terminate these Terms of Use effective immediately, without notice or explanation. Without limiting the foregoing, eGiftify may suspend your access to the Services if eGiftify believes you to be in violation of any part of this Agreement (including any eGiftify Policies). After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account. You agree that eGiftify will not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement. You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account, and for which eGiftify will have no liability whatsoever, with the exception of any data required to be retained based on Applicable Laws. The provisions of these Terms of Use which by their nature should survive the termination of these Terms of Use will survive such termination.
13. Your Representations and Indemnity. You represent and warrant that you own or otherwise control all of the necessary rights in and to any information or content submitted by you when accessing, registering for, or using the eGiftify Sites or a Merchant site powered by eGiftify, or the Services (the “User Content”); that all User Content submitted by you is accurate; and that access, use, storage, sharing, or exploitation of such User Content by eGiftify, the Merchant, other users, partners, service providers, vendors, and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity or identity). You will indemnify, hold harmless, and (at eGiftify’s request) defend each of eGiftify and Merchant, and their respective affiliates, and its and their respective officers, directors, employees, contractors, agents, owners or shareholders, representatives, or vendors or services providers (collectively, the “eGiftify Parties”) from and against all claims resulting from (1) any User Content submitted by you, (2) your use of the Services, or (3) any breach or alleged breach by you of this Agreement.
14. Merchant Issued Gift Cards and Marketing Offers. You acknowledge and agree that eGiftify serves as the processor of the Gift Cards being issued on behalf of the Merchant and the Merchant’s offers, ticketing, promotions, and similar (collectively, “Marketing Offers”), and the Merchant is solely responsible for honoring the Gift Cards and Marketing Offers. eGiftify provides the Services and does not review, approve, monitor, endorse, warrant, or make any representations with respect to the Merchant or its Gift Cards or Marketing Offers. The Merchant is solely responsible for the products and/or services provided in connection with the use or redemption of a Gift Card or Marketing Offers that you have claimed or redeemed. You agree that the sale and purchase of Gift Cards and Merchant Offers that you have claimed or redeemed is at your own risk and you agree not to hold eGiftify, or of its affiliates, or any of their respective officers, directors, employees, contractors, agents, owners or shareholders, representatives, or vendors or service providers responsible for any act or omission of any merchant. Each Merchant is responsible for ensuring that it and the Merchant Gift Cards and Offers that are issued comply with all Applicable Laws. You further agree that eGiftify is not responsible for any act or omission of Merchant in connection with the use or attempted use of any Merchant Gift Card or Offer, including, without limitation, any failure by any Merchant to honor any Merchant Gift Card or Offer or the imposition of any terms and conditions on any Merchant Gift Card or Offer that violate any Applicable Laws. For any and all issues or questions related to Merchant Gift Cards or Offers or any other products or services offered by Merchants, you must contact the applicable Merchant. You, the consumer, must settle any returns, disputes, and any other issues relating to Merchant Gift Cards or Offers or any other products or services directly with the Merchant, even if eGiftify processes the payments on behalf of the Merchant; provided, that nothing in the foregoing is intended to prevent or otherwise restrict eGiftify from acting on behalf of the Merchant at Merchant’s request or direction. eGiftify is not responsible for any outstanding liability for any of the Services (including Merchant Gift Cards, Marketing Offers, Promos, Loyalty, Ticketing or any other Services provided by the Merchant) if the Merchant declares bankruptcy, closes its business and ceases to operate, or similar. The Merchant is solely responsible for all outstanding liability and is solely responsible for all refunds and chargebacks related to requests from consumers if the Merchant declares bankruptcy, closes its business and ceases to operate, or similar. eGiftify is not responsible and has no liability for Merchant downtime or the interruption of services.
15. Limitation of Liability. EXCEPT AS EXPRESSLY SPECIFIED HEREIN, IN NO EVENT WILL THE EGIFTIFY PARTIES, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, AGENTS, EMPLOYEES, CONTRACTORS, AGENTS, OWNERS OR SHAREHOLDERS, REPRESENTATIVES, OR VENDORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INJURIES (INCLUDING DEATH), LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH (1) THIS AGREEMENT (INCLUDING ANY AMENDMENTS, UPDATES, MODIFICATIONS, OR CHANGES FROM TIME TO TIME): (2) ANY USE OF OR INABILITY TO USE THE EGIFTIFY SITES OR A MERCHANT SITE POWERED BY EGIFTIFY, THE SERVICES, EGIFTIFY CONTENT, OR THE USER CONTENT; (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE EGIFTIFY SITES OR A MERCHANT SITE POWERED BY EGIFTIFY OR ANY OF THE SERVICES); (4) THE CONDUCT OR ACTION, WHETHER ONLINE OR OFFLINE, OF ANY USED OF THE EGIFTIFY SITES OR A MERCHANT SITE POWERED BY EGIFTIFY OR THE SERVICES, OR ANY OTHER PERSON OR ENTITY; OR (5) YOUR VISIT TO ANY MERCHANT WEBSITE (WHETHER OR NOT POWERED BY EGIFTIFY) OR APPLICATION OR PHYSICAL LOCATION, OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY MERCHANT IN CONNECTION WITH OR RELATED TO THE SERVICES. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE EGIFTIFY SITES OR A MERCHANT SITE POWERED BY EGIFTIFY BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, FOR DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR ANY EGIFTIFY CONTENT. EGIFTIFY IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY MERCHANT FOR WHICH YOU HAVE CLAIMED OR REDEEMED A MARKETING OFFER, OR PAID A BILL USING THE PAYMENT SERVICES, OR ANY GIFT CARD. IF YOU ARE A RESIDENT OF THE UNITED KINGDOM OR EUROPEAN UNION, THE LIMITATION OF LIABILITY IN THIS AGREEMENT WILL NOT APPLY TO ANY DAMAGE ARISING FROM THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF EGIFTIFY, NOR WILL IT APPLY TO DAMAGE FROM INJURY TO LIFE, BODY, OR HEALTH IF AND TO THE EXTENT THAT IT IS CAUSED BY EGIFTIFY.

MOREOVER, UNDER NO CIRCUMSTANCES WILL THE EGIFTIFY PARTIES, MERCHANT, OR OUR RESPECTIVE LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE SERVICE PROVIDERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION ACTS OF GOD, WAR, ACTS OF TERRORISM, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, UNAVAILABILITY OF THE INTERNET, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY OTHER REASONS BEYOND THE REASONABLE CONTROL OF THE EGIFTIFY PARTIES, MERCHANT, OR OUR RESPECTIVE LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE SERVICE PROVIDERS.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER THE EGIFTIFY PARTIES OR MERCHANT, NOR OUR RESPECTIVE LICENSORS AND LICENSEES, NOR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE SERVICE PROVIDERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY COMPATIBILITY BETWEEN THE EGIFTIFY SITES OR A MERCHANT SITE POWERED BY EGIFTIFY AND ANY THIRD PARTY WEB SITE, SERVICES, OR ANY SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE EGIFTIFY SITES OR A MERCHANT SITE POWERED BY EGIFTIFY OR THE SERVICES IN AN ACCURATE OR TIMELY MANNER.

IF THE DISCLAIMER OF DIRECT DAMAGES ABOVE IS NOT ENFORCEABLE AT LAW, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS OF USE, YOU EXPRESSLY AGREE THAT OUR LIABILITY TO YOU (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS (US$50.00).

IF A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY (AND THE MERCHANT’S AND EGIFTIFY’S SOLE LIABILITY) WILL BE THE MERCHANT’S REPLACEMENT OF SUCH GIFT CARD TO THE VERIFIED REMAINING BALANCE OF SUCH GIFT CARD. EGIFTIFY WILL BEAR NO LIABILITY FOR THE REPLACEMENT OF ANY GIFT CARD FOR ANY REASON WHATSOEVER.

IF THE MERCHANT BECOMES INSOLVENT, MAKES A GENERAL ASSIGNMENT FOR THE BENEFIT OF CREDITORS, FILES A VOLUNTARY PETITION OF BANKRUPTCY, SUFFERS OR PERMITS THE APPOINTMENT OF A RECEIVER FOR ITS BUSINESS OR ASSETS, BECOMES SUBJECT TO ANY PROCEEDINGS UNDER ANY BANKRUPTCY OR INSOLVENCY LAW, WHETHER DOMESTIC OR FOREIGN, OR HAS WOUND UP OR LIQUIDATED, VOLUNTARILY OR OTHERWISE, ANY OUTSTANDING GIFT CARD BALANCES WILL BE REDEEMABLE ONLY AT THE DISCRETION OF AND TO THE EXTENT DEEMED APPROPRIATE BY THE MERCHANT’S TRUSTEES OR APPOINTED LIQUIDATORS. IRRESPECTIVE OF THE MERCHANT’S CIRCUMSTANCES OR THE CIRCUMSTANCES OF THE MERCHANT’S TRUSTEES OR OTHER APPOINTED REPRESENTATIVES, UNDER NO EVENT WILL EGIFTIFY BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR THE VALUE OR OUTSTANDING OR REMAINING BALANCE OF ANY GIFT CARD.

16. Disclaimer of Warranties. THE SERVICES, ALL EGIFTIFY CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO USER ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, EACH OF EGIFTIFY AND MERCHANT EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. EGIFTIFY DOES NOT WARRANT THAT EGIFTIFY OR MERCHANT WILL REVIEW THE INFORMATION OR MATERIALS OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE SERVICES FOR ACCURACY OR THAT EITHER OF THEM WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. YOU UNDERSTAND THAT USE OF THE EGIFTIFY SITES OR A MERCHANT SITE POWERED BY EGIFTIFY AND THE SERVICES IS AT YOUR OWN RISK AND NEITHER EGIFTIFY NOR MERCHANT CAN GUARANTEE THAT SUCH USE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, NOR WITH RESPECT TO ANY THIRD PARTY SITES OR THIRD PARTY SERVICES THAT YOU MAY LINK TO FROM THE EGIFTIFY SITES OR A MERCHANT SITE POWERED BY EGIFTIFY, OR THAT THE EGIFTIFY SITES OR A MERCHANT SITE POWERED BY EGIFTIFY OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHERMORE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RESULTING FROM YOUR USE OF THE EGIFTIFY SITES OR A MERCHANT SITE POWERED BY EGIFTIFY OR THE SERVICES. EGIFTIFY WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF EGIFTIFY.

By accessing or using the eGiftify Sites, a Merchant site powered by eGiftify, or the Services, you hereby irrevocably waive any claim against each of eGiftify and Merchant with respect to information, content, and materials contained on the eGiftify Sites or a Merchant site powered by eGiftify, including without limitation the eGiftify Content or any Merchant content, or otherwise made available to you via the Services.  

THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

You and eGiftify and Merchant each acknowledge and agree that the disclaimers, exclusions, and limitations in Section 15 and Section 16 are essential elements of this Agreement and that they represent a reasonable allocation of risk. In particular, you understand that eGiftify would be unable to make the Services available to you except on these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

17. Release. Merchant is solely responsible for its interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you (or, if applicable, any recipient of a Gift Card or other Services) as a result of your (or such recipient’s) interaction with or visit to any Merchant or from any Marketing Offer of the Merchant. Users must resolve all disputes directly with Merchants. To the maximum extent permitted by Applicable Laws, you hereby release the eGiftify Parties from any and all such Claims. IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the eGiftify Parties pertaining to the subject matter of this Section 15. If you are a resident of the United Kingdom or European Union, this release will not apply to any damage arising from our willful misconduct or gross negligence, nor will it apply to damage from injury to life, body, or health.
18.  Notify Us of Infringers. If you believe any of the Services violate your copyright, notify our copyright agent in writing and reference “DCMA Takedown Request” in your communication.  eGiftify will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement.

In order for us to take action, you must do the following in your notice:

(a) provide your physical or electronic signature;

(b) identify the copyrighted work that you believe is being infringed;

(c) identify the item that you think is infringing your work and include sufficient information about where the material is located so that eGiftify can find it;

(d) provide us with a way to contact you, such as your address, telephone number, or email;

(e) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the Services; and

(f) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed.

eGiftify cannot take action unless you have given it all the required information. Any substantial delay or lack of proper documentation will constitute a waiver of your rights to pursue a remedy for any infringement.

19.  Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under Applicable Laws, then, that provision (or portion thereof) notwithstanding, this Agreement will remain in full force and effect and such provision or portion thereof will be deemed omitted.
20.  Assignment. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by eGiftify.
21.  Waiver. Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, will neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
22. ARBITRATION AGREEMENT; JURY TRIAL WAIVER; CLASS ACTION WAIVER; FORUM SELECTION CLAUSE.

If you are a resident of the United States (including its possessions and territories) or Canada, you agree that any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and the eGiftify Parties or their successors or assignees will exclusively be settled through binding and confidential arbitration. If you are a resident in Mexico, you hereby expressly waive any right to exercise a class action before a Mexican court against eGiftify and eGiftify Parties, pursuant to the terms of the Federal Code of Civil Procedure (CódigoFederal de ProcedimientosCiviles) and any other applicable Mexican legislation.

Arbitration will be subject to the Federal Arbitration Act and not any state or provincial/territorial arbitration law. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).

In the case of arbitration and where permitted by law, you are thus agreeing to GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

In the case of arbitration and where permitted by law, you and eGiftify must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR EGIFTIFY MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, eGiftify will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (4) eGiftify also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator will honor claims of privilege and privacy recognized at law; (6) the arbitration will be confidential, and neither you nor eGiftify may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (7) the arbitrator may award any individual relief or individual remedies that are permitted by Applicable Laws; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded will be determined by the Applicable Laws.

Notwithstanding the foregoing, either you or eGiftify may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret will not be subject to this arbitration agreement. Such claims will be exclusively brought in the state or federal courts located in Arkansas. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Arkansas in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Arkansas for such purpose. A request for interim measures will not be deemed a waiver of the right to arbitrate.

With the exception of eGiftify Parties (1) and (2) in this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (1) or (2) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor eGiftify will be entitled to arbitration.

If for any reason a claim proceeds in court rather than in arbitration (including any claims brought by parties outside the United States or Canada), you agree that the dispute will be exclusively brought in state or federal court located in Delaware.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to access or use of the eGiftify Sites, a Merchant site powered by eGiftify or the Services, or these Consumer Terms of Use, must be submitted for arbitration or filed in court, as applicable, within one (1) year after such claim or cause of action arose or be forever barred.

For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

23. GENERAL

 

These Consumer Terms of Use govern your access to and use of the eGiftify Sites, a Merchant site powered by eGiftify, and the Services, and together with the eGiftify Privacy Policy and each of the other policies or other agreements incorporated by reference herein from time to time, constitutes the entire agreement between you and eGiftify with respect to the subject matter hereof, and supersedes any other prior or contemporaneous agreements, whether written or verbal. These Consumer Terms of Use will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflicts or choice of law provisions. If any provision of these Consumer Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Consumer Terms of Use remain in full force and effect. A printed version of these Consumer Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  The section titles in these Consumer Terms of Use are for convenience of reference only and will not affect the interpretation or meaning of these Consumer Terms of Use. Notices to you may be made to you at the information provided by you at the discretion of eGiftify; and notices to you of changes to these Consumer Terms of Use or other matters relating to the eGiftify Sites or a Merchant site powered by eGiftify or the Services may be made by displaying notices or links to notices generally on the eGiftify Sites or a Merchant site powered by eGiftify.

 

24. CONTACT INFORMATION

 

Treat Wallet, Inc. d/b/a eGiftify

20 West 64^th Street, Suite 12K

New York, NY 10023

1-800-214-3719

support@egiftify.com

 

Because normal Internet email transmissions may not be secure, we request that you do not send us or request sensitive information such as account numbers, passwords, payment information, or similar via any public email system.

 

We generally will acknowledge emails within one (1) business day, but we will not take actions based on your email request until we actually receive your email message and have a reasonable period of time to act.

 

We will NEVER ask you for any private information (such as account numbers, passwords, social security numbers, etc.) for any of our services through an unsolicited Internet email. If you receive any such request, DO NOT respond to it. Please notify us immediately 1-800-214-3719 or Support@egiftify.com.

 

 

 

Last Updated: October 2, 2024