Terms of Use
Welcome to the eGifter Platform, a service of GroupGifting.com, Inc. d/b/a eGifter ("eGifter", "we", "us", "our"), and our website and mobile applications ("Site"). Please read this document carefully because these Terms of Use ("Terms") describe the legally binding agreement between you and eGifter on which we offer you access to the Site and our Services (collectively, the "Platform Service").
The Terms, including our Privacy Policy, are a contract between you ("you", "your", "User", "Purchaser") and eGifter. If you use the Platform Service, you represent that you are at least 13 years old, reside in the United States and have read, understood, and agree to be bound by the Terms, regardless of the device or platform by which you access the Site. If you don't agree to the Terms or are under the age of 13, do not use the Site or the Platform Service.
We may modify the Terms (including our Privacy Policy) at any time in our sole discretion by posting amended Terms to the Site or by sending you an email. If you thereafter use the Platform Service, you will be deemed to have accepted the revised Terms. If you see the word "including" in the Terms, it means "including but not limited to".
Gift Card Terms
The gift cards from the Merchant(s) (as defined below) (“Gift Cards” also referred to “Promo Codes” on the Site) that are to be used as the basis of the gifts are distributed by eGifter on behalf of Merchant. For purposes of these Terms, “Merchant” means Fandango Loyalty Solutions LLC.
eGifter Platform Service
The Platform Service may allow you to easily request Gift Cards for yourself or someone else. Gift Cards may be delivered to the Recipient via email, text, mail, or via our Web or mobile application, as applicable. All aspects regarding the use and redemption of Gift Cards are subject to the applicable Merchant’s policies (see Gift Card section below). You should not authorize any other person or entity to use your unique User ID. You are responsible for preventing such unauthorized use. You are solely responsible for any and all access to the Site and your use of the Platform Services. If you become aware of any unauthorized activity, you agree to notify us immediately.
The Platform Service may enable you to request a Gift Card, and there will be no transaction with eGifter for payment. We do not have any control over the intended Recipient, or any other Users of the Platform Service, nor do we have any control over the Merchant. Consequently, we are not and will not be liable for any loss or damage that you may incur as a result of your interactions and transactions with any Users or Merchant, including any loss or damage resulting from: (i) late or failed delivery of any product or service provided through Merchant, including but not limited to, Gift Cards; (ii) any defect or other quality aspect of any product or service; (iii) breach of any Merchant warranty, express or implied whatsoever; or (iv) Merchant’s failure to redeem the Gift Card. The extent of our liability to you is limited to the face amount of the Gift Card. The dealings between you, and any Users or the Merchant are solely between you and the applicable User or Merchant, as the case may be. We are not responsible for changes in any Merchant’s Gift Card terms and conditions; You understand that we do not issue Gift Cards through the Platform Service. The Merchant has the liability for the redemption of the Gift Card for goods or services. We have no obligation to resolve any dispute between you and any other User or Merchant. Users may resolve a dispute directly with each other or with Merchant. If you have or participate in any dispute or its resolution, you expressly agree to indemnify and hold harmless eGifter and its their respective officers, employees, members, managers, affiliates, subsidiaries, agents, representatives, and successors ("Indemnified Parties") from and against all third-party claims, costs, losses, liabilities and expenses (including damage awards, settlement amounts, and reasonable attorneys' fees and costs, whether incurred as the result of a third-party claim or a claim to enforce this Term), and other damages of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, liquidated or otherwise (collectively, "Losses") related to such dispute.
You and other Users provide information and other content to the Site via the Platform Service ("Content"). We do not control, endorse, or verify any Content. You understand that we may use your Content to provide the Platform Service and for statistical, analytical, reporting and other purposes (see our Privacy Policy).
Users may be denied access to the Site for several reasons, including but not limited to:
- Submitting any unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene, or otherwise objectionable Content
- Any sexually explicit Content
- Language or User conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation
- Posting any unsolicited or unauthorized advertising, "spam," or junk mail, including "chain letters" and "pyramid schemes"
- Submitting any Content that is alleged to infringe any patent, trademark, trade secret, copyright, or other proprietary right
- Uploading a virus or Content designed to disrupt, limit, or damage any functionality of any computer software or hardware
- Posting Content originally posted by another User without permission or attribution
- If we, in our judgment and sole discretion, deem it appropriate.
If there is content that is objectionable for any of the above reasons or otherwise, please let us know by contacting us via the support link provided on the Platform Service. We will review your concerns, but we have the right in our sole discretion to make the final judgment on whether any Term has been violated and to determine what, if any, action should be taken.
Gift Cards
As set forth above, Gift Cards requests are provided by the Merchant, which shall be fully responsible for any and all claims or liabilities related to the Gift Cards, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Gift Cards. By requesting a Gift Card from Merchant, the Recipient acquires the right to redeem the Gift Card issued by the Merchant, and to use the Gift Card subject to the Terms and by the Merchant's terms and conditions.
All risk of loss and title for the Gift Card will pass to the Recipient upon electronic transmission or physical shipment, as applicable of the Gift Card to such Recipient. eGifter is not responsible if a Gift Card is lost, stolen, destroyed, or used without permission. You must notify Merchant of any errors.
Claiming a Gift Card
Gift cards are claimed as provided for under the terms of the offer for the applicable Site (“Offer Terms”).
Refund, Return / Exchange Policy
Except as expressly defined herein, or as required by law, all gift requests are final and there are no cancellations, refunds or exchanges permitted. eGifter is not responsible for the refund and returns of any products purchased from Merchants if applicable. Your only recourse for refunds, returns and exchanges is with the Merchant.
Links to Third Party Sites
The eGifter Platform Service contains links to other third-party websites that are not owned or controlled by us. Please be aware that we are not responsible for the privacy or other practices of such websites. Accordingly, we cannot and shall not be responsible for any issues, including offensive or malicious content, usability, or other problems with or related to those websites. You are solely responsible for reading and understanding the policies and terms of use or service of any other website that you visit.
Intellectual Property
Any trademark, service mark, logo, icon, content or other work of authorship, and other intellectual property (collectively, "IP") displayed on the Site or Platform Service are either our property or the property of our Merchants, licensors, co-branders, or other third parties and may not be used by you without the prior written consent of the owner of such IP. All rights to third-party IP are reserved to such third parties. You may not post, distribute, reproduce, or sell in any way, any third-party IP without legal authorization. You will indemnify and hold harmless the Indemnified Parties, and applicable third parties (e.g., relevant Users, co-branders and other commercial partners, licensors, licensees, consultants, and contractors) from and against all Losses related to any unauthorized use of any IP, eGifter, the eGifter logo, and the other names, logos, icons and marks identifying eGifter and its products and services are IP owned by us and may not be used without our prior written consent, which we may grant or withhold in our sole and absolute discretion. We reserve all rights not expressly granted under the Terms. By using the Site or Platform Service, you expressly agree that any information you provide via uploading or posting will be at your sole risk and we shall not be responsible to you or any third party in any way under any circumstance for any such information or other Content you provide to eGifter. You may not post, distribute, reproduce, or sell in any way, any eGifter IP without legal authorization. You shall indemnify the Indemnified Parties against all Losses related to your unauthorized use of any eGifter IP and/or the Platform Service. You may not copy, sell, resell, or otherwise exploit any aspect of Platform Service for any commercial purpose. We retain and reserve all right, title, and interest to all IP and other material used on or with the Platform Service (except for IP belonging to third parties), including all software and other computer code. None of the material used on or with the Platform Service may be reverse engineered, disassembled, decompiled, transcribed, resold, or redistributed without our prior written consent, which we may grant or withhold in our sole and absolute discretion. You may use one copy of the material from the Platform Service for your personal, non-commercial viewing and use only. You acknowledge that you do not acquire any ownership right or other interest by downloading any IP from Platform Service. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/or video used on or with the Platform Service shall not be broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any media nor stored in a computer except for your personal non-commercial use.
Disclaimer of Warranties
USE OF THE EGIFTER PLATFORM SERVICE IS AT YOUR SOLE RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS THAT RESULTS FROM SUCH USE. THE PLATFORM SERVICE IS PROVIDED ON AN "AS IS" BASIS. EGIFTER AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY AS TO THE PERFORMANCE OF ANY THIRD PARTY, INCLUDING MERCHANT AND KAREN KINGSBURY PRODUCTIONS, WHO MIGHT NOT FULFILL A GIFT CARD OR SHIP ANY PRODUCT OR PROVIDE ANY SERVICE OBTAINED THROUGH THE USE OF A GIFT CARD. NEITHER EGIFTER NOR ANY OF ITS LICENSORS MAKES ANY WARRANTY THAT THE PLATFORM SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE PLATFORM SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NEITHER EGIFTER NOR ANY OF ITS LICENSORS MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM SERVICE, AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PLATFORM SERVICE, OR THAT DEFECTS IN THE PLATFORM SERVICE IN WHOLE OR IN PART, INCLUDING SOFTWARE, WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL EGIFTER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE PLATFORM SERVICE, INCLUDING DAMAGES FOR LOST PROFITS, EVEN IF EGIFTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, EGIFTER SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED THROUGH THE PLATFORM SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ANY EVENT, THE MAXIMUM LIABILITY OF EGIFTER TO YOU SHALL NOT EXCEED THE FACE AMOUNT FOR THE GIFT CARD.
Your Indemnity
You shall indemnify, defend and hold harmless the Indemnified Parties from and against any and all Losses incurred by any Indemnified Party arising out of or related to: (i) your use of the Platform Service; (ii) any breach or non-compliance with respect to any of these Terms or any of our policies by you or anyone under your direction and control; (iii) any act or omission of yours or anyone under your direction or control; and/or (iv) your violation or alleged violation of any law or right of any third party.
Equitable Relief
By using the eGifter Platform Service, you acknowledge that damages may be an inadequate remedy if you or anyone under your direction or control breaches or threatens to breach any Term and that any such breach may cause eGifter significant and irreparable injury and damage. Accordingly, you acknowledge that eGifter shall be entitled, without waiving any additional rights or remedies otherwise available to it at law or in equity or by statute, to seek injunctive relief in such event.
General Terms
These Terms are governed in all respects by the laws of the state of Delaware, notwithstanding any provision of law or choice of law rule which may require otherwise. If you and we have any dispute which cannot be amicably settled, it shall be settled by submission to the state and federal courts in Wilmington, Delaware, and you hereby consent to the exclusive personal jurisdiction of such courts ("Jurisdiction").
If any provision of any Term is held to be invalid or unenforceable, such provision shall be struck and the remaining Terms shall be enforced, with the invalid or unenforceable provision deemed modified to the least extent necessary to make it valid and enforceable while encompassing the intent of the Terms. Any failure to act on our part with respect to a breach of any Term does not waive our right to act with respect to a continuing, subsequent, or similar breach.
You may not assign or transfer your rights under the Terms, and any attempt to the contrary shall be void and of no effect.
The Terms shall inure to the benefit of and be binding upon your and our respective successors and assigns.
Users of the Platform Service agree that they may not involve eGifter or any other Indemnified Party in any dispute, including litigation, arising out of or related to any transaction, agreement, or arrangement you may have with any other User, Merchant, Studio, or other third party arising out of or in any way related to the Platform Service ("Dispute"); if you attempt to do so, you shall: (i) pay all costs and reasonable attorneys' fees incurred in connection therewith by us, any of our affiliates, or any of their respective employees, and you shall indemnify and hold harmless the Indemnified Parties from all Losses incurred by any of them as a result, and (ii) the jurisdiction for any such Dispute shall be limited to the Jurisdiction set forth above.
Any notice required or given to you under the Terms may be delivered by electronic mail at the email address you provide during registration on the Site.
These Terms constitute the complete and exclusive understanding and agreement between you and us relating to the subject matter hereof and supersede all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.
If you have any questions or problems with any order placed by you in connection with the Platform Service, please contact us via the support link on the Platform Service. For prompt service, please include your order number and the specific problem.