Terms and Conditions
IMPORTANT! PLEASE READ THIS DOCUMENT CAREFULLY. BY MARKING THE “ACCEPT TERMS AND CONDITIONS” CHECKBOX, YOU AGREE TO BE LEGALLY BOUND BY THIS DOCUMENT. IF YOU HAVE ANY QUESTIONS OR DO NOT UNDERSTAND ANY PART OF THIS DOCUMENT, PLEASE CONTACT US. IF YOU DO NOT AGREE WITH ANY PART OF THIS DOCUMENT, PLEASE DO NOT MARK THE “ACCEPT TERMS AND CONDITIONS” CHECKBOX.
These Terms and Conditions (hereinafter referred to as the “Terms”) govern the purchase of Gift Cards (as defined in section 2, “Definitions”) through the Giftgalor service.
By purchasing any Gift Card through our service, you acknowledge that you have read and agree to these Terms. You are responsible for familiarising yourself with the current version of the Terms, which are always accessible on our website. We recommend saving a copy of these Terms for future reference.
Definitions
The following definitions apply to these Terms:
- Business Day: Refers to a day specified on our Website.
- Gift Card: Refers to a virtual gift card, represented by a unique code/identifier, which entitles the holder to obtain goods and/or services from a specific Merchant up to a particular value.
- Merchant: Refers to an entity that issues a Gift Card available for purchase on our Website and accepts various payment methods.
- Party or Parties: Individually refers to either the Gift Card purchaser or the Company, while together, it refers to both the purchaser and the Company.
- Privacy Policy: Refers to the document outlining how we process your personal data, including the main provisions and conditions.
- Terms: Refers to this document and all its annexes governing the terms and conditions for the sale and purchase of Gift Cards through UAB Rewards Distributed. Any subsequent agreements regarding the Gift Cards entered into between you, and the Company will be considered integral parts of these Terms.
- Virtual Asset: Also known as cryptocurrency, virtual currency, or digital currency, it is a digital representation of value that can be digitally traded, transferred, and used for payment or investment purposes. Virtual assets exclude digital representations of fiat currencies, securities, and other corresponding financial assets.
- Virtual Asset processing Refers to processing transactions conducted in virtual currencies. The Company does not assume any liability for virtual asset processing, as third-party virtual asset services providers perform.
- Payment Method: Encompasses all payments processed through our authorised payment partners, who provide services within the respective country. By accepting these terms, you consent to use the account information associated with the selected payment method as provided by the issuing bank or applicable payment network. The Company assumes no liability for payment processing.
- Website: Refers to our website, giftgalor.com, including all its sub-domains.
In these Terms:
- The singular form of a word includes the plural form, and vice versa.
- Words that suggest a specific gender include both genders.
- If a word or phrase is defined, its other grammatical forms carry a corresponding meaning.
- References to a document or agreement, including this document, encompass any amendments, supplements, variations, or replacements to that document or agreement.
- References to legislation or provisions of the legislation include any amendments, re-enactments, replacements, and any subordinate legislation issued under it.
- References to “day” or “month” mean calendar day or month.
- The words “include,” “includes,” and “including” are deemed to be followed by the phrase “without limitation.”
General Obligations
Your Obligations
By using our services and purchasing Gift Cards, you agree to the following obligations:
Acting in Good Faith: You must act in good faith and comply with these Terms and any other terms and conditions that govern the purchase of Gift Cards. You are responsible for fulfilling your obligations to us promptly and adequately.
Adhering to Merchant Terms: You are responsible for reviewing and adhering to the terms and conditions set by the relevant Merchant that apply to the specific Gift Card. These terms and conditions are accessible through our Website or directly on the Merchant’s website.
Providing Accurate Information: You must provide us with accurate, correct, and up-to-date information, documents, and data. The information you provide should not be misleading and should be free from viruses or any computer programs or files that may disrupt the normal functioning of our systems and related applications.
Reporting Problems: If you encounter any issues during the Gift Card purchase process, you must promptly notify us so we can assist you in resolving them.
Data Security: You are responsible for taking all reasonable measures to prevent the illegal disclosure, appropriation, or misuse of your data related to Gift Card purchases.
Compliance with Laws: You must always comply with all applicable laws and regulations while using our services and purchasing Gift Cards.
By adhering to these obligations, you contribute to a smooth and secure Gift Card purchasing experience.
Our Obligations to You
We are committed to fulfilling our obligations to you in the following ways:
Acting in Good Faith: We will act in good faith and with discretion to prioritise your interests and provide you with the best possible service.
Enabling Intended Use: We will make every effort to ensure that our Website is accessible and functions as intended, allowing you to use our services efficiently and effectively.
Timely and Proper Fulfilment: We will fulfil our obligations to you promptly and correctly. This includes processing your Gift Card purchases, providing necessary support and assistance, and addressing any concerns or issues you may encounter.
By upholding these obligations, we aim to deliver a positive experience and meet your needs as our valued customer.
Representations and Warranties
By accepting these Terms, you make the following representations and warranties:
Eligibility: You confirm that you meet the eligibility criteria for purchasing Gift Cards through our service.
Understanding and Agreement: You confirm that you have read, understood, and agree to be bound by these Terms.
Legal Validity: You acknowledge that any actions or transactions performed by you while purchasing a Gift Card through our service have the same legal effect as actions formalised by a paper document signed by you. If you are acting on behalf of a legal entity, this also applies to a document bearing your signature and the entity’s stamp.
Non-Exchangeable and Non-Refundable: You understand and acknowledge that we do not exchange, redeem, refund, or accept returns of Gift Cards purchased through our service.
Suitability and Risks: You are solely responsible for assessing the suitability, risks, and appropriateness of the Gift Cards you purchase.
Legitimate Source of Funds: You confirm that the source of funds used to purchase a Gift Card belongs to you and is derived from legitimate sources.
Absence of Individual Advice: You confirm that we have not provided individual advice or made specific recommendations to you regarding purchasing Gift Cards, except for general information about the possibility of purchasing Gift Cards through our service.
Compliance with Local Regulations: You understand that legal requirements may vary worldwide, and it is your responsibility to ensure compliance with all local regulations, directives, restrictions, and laws in your place of residence before purchasing any Gift Cards through our service.
Compliance with Applicable Laws: You confirm that your purchase of Gift Cards through our service does not violate any applicable laws or regulations in the jurisdiction that applies to you.
By making these representations and warranties, you affirm your understanding and commitment to comply with the terms and conditions outlined in these Terms.
By accepting these Terms, you confirm that the information provided is accurate and valid at the time of acceptance. We do not guarantee that purchased Gift Cards will be defect-free, continuously available, or error-free, and we do not provide warranties, express or implied, regarding the Gift Cards or related information provided on our Website. We cannot guarantee that the Gift Cards will meet your specific requirements, and any issues or complaints related to the use, withdrawal, or redemption of Gift Cards should be directed to the relevant Merchant.
We do not exchange, redeem, refund, or take back Gift Cards for Virtual Assets or other forms of compensation. We make no representations or warranties of any kind, including fitness for a particular purpose or non-infringement, regarding the Gift Cards or purchases made with them, to the fullest extent permitted by law.
Development and Modification of Our Software
We have the discretion to develop, enhance, and modify our Website, systems, and related programs for purchasing Gift Cards. This includes changes to the functions, features, and data required for identification. If possible, we will provide information about these changes on our Website. We are not liable for any losses or inconveniences that may occur as a result of exercising our right to make these changes.
Intellectual Property
By purchasing a Gift Card through us, you acknowledge and agree that you will have access to various documents, processes, software, and other technologies and materials. These are subject to intellectual property rights held by the Company and/or third parties associated with the Company. These intellectual property rights include copyrights, patents, trademarks, trade secrets, and other confidential information. All such rights are collectively referred to as “Intellectual Property Rights.”
Intellectual Property Rights
All copyrights, trademarks, patents, trade secrets, and other Intellectual Property Rights related to the purchase of Gift Cards, including the systems, platforms, software, and documentation provided by the Company, belong to the Company or the relevant third party. You are granted the right to access and use them solely to purchase Gift Cards through us, but you do not acquire any ownership or rights in these Intellectual Property Rights.
Complaints
Complaints should be submitted in English and will be responded to within 30 days. We are committed to handling complaints in a fair and timely manner. If you wish to submit a complaint, please email us at [email protected] or use our contact form on the Website under “Contact Us.”
If a complaint remains unresolved, any subsequent dispute between you and us will be governed by the Dispute Resolution provisions outlined in these General Terms. This includes the requirement to submit any complaint that leads to a dispute between you and Giftgalor in accordance with these General Terms.
Communication
Communication between you and us will primarily occur via email. It is essential that any information exchanged through email is sent to and from the designated email addresses specified in these Terms. The Company’s email address for communication is [email protected], and the Gift Card purchaser’s email address should be provided when placing a Gift Card order. Communication through other email addresses may not be considered valid unless agreed upon by both Parties.
Notices and other communications sent to the specified email addresses will be considered delivered and received on the same Business Day. In emergencies or as necessary, we may also contact you through other means of communication using the contact details you provided.
You must promptly inform us of any changes to your contact details and provide supporting documents if the Company requests. Failure to fulfil these obligations may result in notifications being sent to the most recent contact details provided by you, and any obligations fulfilled based on those details, including the delivery of unique Gift Card codes/identifiers, will be deemed fulfilled by the Company.
If you do not receive expected notifications from the Company or have requested specific notifications, you must notify the Company immediately.
We are not responsible for any errors, inaccuracies, technical defects, or damages caused by incorrect or outdated contact details provided by the Gift Card purchaser.
You are fully responsible for the accuracy of the data, Gift Card orders, and documents submitted to us.
It is your responsibility to regularly check your email or other communication methods used to contact us, retrieve and read messages related to your Gift Card purchases. We are not liable for any losses arising from your failure to do so.
Modification of the Terms
We reserve the right to unilaterally amend these Terms by publishing the updated version on our Website. Any amendments will take effect immediately upon publication and will not have retrospective effect.
Coming into Force and Termination
These Terms will come into force once you mark the “Accept Terms and Conditions” checkbox during the Gift Card order process.
We have the right to terminate these Terms. Upon termination, all granted rights will cease, and each Party must return or destroy any Confidential Information. Any outstanding payments must be remitted, and provisions intended to survive termination will continue to apply. All other performance obligations will cease.
We are not liable for any consequences that arise after rejecting your Gift Card order, suspending fulfilment of the Gift Card Purchase and Sale Agreement, repudiating the Agreement, or terminating these Terms.
Termination does not exempt you from fulfilling obligations arising before the termination date.
Termination of these Terms also cancels the validity of the respective Multicard.
Limitations and Brand-specific Terms
Please note that all Gift Cards offered through our service are subject to the terms and conditions set by the respective brands that issue them. Each Gift Card may have specific limitations, restrictions, redemption guidelines, and usage cases determined by the brand.
To fully understand the terms and conditions, limitations, redemption process, and other usage details of a Gift Card, we strongly recommend visiting the corresponding brand’s website or referring to the information provided. It is essential to familiarise yourself with the brand-specific terms before purchasing or using a Gift Card.
We facilitate the purchase and delivery of Gift Cards but do not control or determine the specific terms and conditions associated with each brand’s Gift Cards. Therefore, any questions, concerns, or issues regarding the usage or redemption of a Gift Card should be directed to the brand’s customer support or the official channels indicated by the brand.
By purchasing or using a Gift Card, you acknowledge and agree to comply with the terms and conditions specified by the brand.