Terms Of Service

Last revised October 2, 2023

These Terms of Use (“Terms of Use”) are a legal agreement between you (“you,” “your”) and Gift Card Bank (“GCB,” “we,” “our,” or “us”), a fiscally sponsored project of the Social Good Fund, which offers services that allow you to donate or request prepaid cards (“gift cards”). These Terms of Use govern your use of GCB’s websites (including https://www.giftcardbank.org/), kiosks, web widgets, feeds, applications for third-party web sites and services, mobile app, and any other mobile, web, or other services or applications owned, controlled, or offered by GCB or in conjunction with our partners (collectively, the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by these Terms of Use, including terms that limit GCB’s liability, whether or not you are a registered user of our Service. You should read all of these Terms of Use carefully.

We reserve the right to amend these Terms of Use at any time by notifying you as provided in these Terms of Use, provided that no notice shall be required or given for non-substantive changes to these Terms of Use and notice shall be provided by email or other notice for substantive changes to these Terms of Use. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. These Terms of Use apply to each visitor, user, and anyone who accesses the Service (“User(s)”).

Eligibility

GCB provides a platform for you to donate and request gift cards, using our Service in the United States. There are no fees associated with donating or requesting a gift card through the Service. This Service is intended solely for Users who are eighteen (18) years of age or older, and any registration, use, or access to the Service by anyone under eighteen (18) is strictly prohibited and in violation of these Terms of Use. By accessing or using the Service to complete a gift card donation or request, you affirm that you are at least eighteen (18) years of age and in the United States. You represent that you are fully able and competent to enter into and comply with these Terms of Use. If we become aware that you are using the Service even though you are under eighteen (18), any requests for a gift card will not be honored.

Identity and Location Verification; Consent to Contact

Certain information, including name, email address, and zip code, must be provided when donating or requesting a gift card. When providing such information, you must provide accurate and complete information. You are solely responsible for the activity that occurs in connection with your information. You must notify GCB immediately of any unauthorized donation or receipt activity in connection with your information. By providing your email, you consent to GCB using that email address to send you relevant notices and information. We may also use your email address to send you other messages, which you may opt out of. GCB reserves the right to contact you via email to verify the accuracy of account information. If you provide GCB with a mobile telephone number, we may offer you the option to enroll for text message alerts, which you may opt out of. If you agree to receive text messages, you authorize GCB to use an automated dialer to send the messages. You authorize GCB to request your mobile carrier to use your mobile subscriber details for verifying your identity. You authorize GCB to perform a background check or access personal information from credit bureaus to aid in fraud prevention. Those details may include name, billing address, email, and phone number. This information may also include location information, if applicable. You authorize your mobile carrier and their authorized data sources to provide your account/subscriber information to use, including (if available) your name, address, email, and device data for these purposes.

Nontransferable

Your right to use the Service is not transferable. Any right given to you to obtain information or documents is not transferable and may only be used by you.

Copyright

The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Service are protected under applicable copyrights, trademarks, registered trademarks, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use, or publication by you of any such matters or any part of the Service, except as otherwise permitted under these Terms of Use, is strictly prohibited. You do not acquire ownership rights to any content, document, or other materials viewed through the Service. The posting of information or materials in relation to the Service does not constitute a waiver of any right in such information and materials.

Limited Right to Use

The viewing, printing, or downloading of any content, graphic, form, or document associated with the Service grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. No part of any content, form, or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

Editing, Deleting, and Modification

We reserve the right, in our sole discretion, to edit or delete any documents, information, or other content appearing in connection with the Service, including these Terms of Use, without further notice.

Fraud

By donating or requesting a gift card, you affirm that the information provided to us is true and that you agree to abide by the Terms and Conditions of use of this site. We may decline to accept a gift card or decline to deliver a gift card if it is determined that false or misleading information has been provided, these Terms of Use have been violated, or other abuses have occurred as determined by GCB in its sole discretion. GCB reserves the right to refuse additional donations or requests associated with any previously provided false or misleading information.

Indemnification

You agree to indemnify, defend, and hold us and our partners, attorneys, staff, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to (a) your use of and access to the Service, including any data or content transmitted or received by you, (b) your violation of any term of these Terms of Use, including without limitation your breach of any of the representations and warranties in these Terms of Use, (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights, or intellectual property rights, (d) your violation of any law, rule, or regulation of the United States or any other country, or (e) any claims or damages that arise as a result of any data or content you submit.

Donor Representations and Warranties

When you donate a gift card to GCB, ownership of the gift card and any interest therein is immediately and automatically transferred to GCB. Donors represent and warrant in connection with any gift card donation the following: (a) the gift card is valid; (b) the gift card is redeemable for the amount of credit stated by the donor through the Service, and the same balance will remain on the card until it can be redeemed by a recipient; (c) donor will not, in any way, redeem the gift card after donating it; (d) the gift card and any interest therein is fully transferable to GCB or to the recipient in the manner contemplated by these Terms of Use without violating any contractual, legal, or other right; (e) donor is the sole, lawful owner of the gift card and all interests thereto; (f) the gift card is not subject to any liens, obligations, or other encumbrances of a third party; (g) the gift card is not stolen, procured by fraud, or otherwise subject to a legal dispute; and (h) donor will comply with all other requirements of the Service to complete the gift card donation including, if applicable, shipping instructions.

Recipient Representations and Warranties; Disclaimer of Liability for Gift Cards

You acknowledge and agree that all information provided in connection with a request for a gift card must be valid and not fraudulent. The gift card(s) you request are subject to the terms and conditions of the third-party merchant with whom it is redeemable (each a “Retailer”). GCB is not responsible for the acts or omissions of any Retailer(s) or any fees, expiration dates, or terms and conditions associated with a Retailer’s gift card donated through the Service. GCB is not liable in the event that a Retailer declines to accept a gift card upon bankruptcy, a change to a Retailer’s gift card acceptance policy, or any other reason. If GCB suspects that a gift card is being used for an improper purpose, GCB may inform the Retailer, who may then place a freeze on the balance of the applicable gift card or cancel the applicable gift card. A recipient will not be able to return a gift card for any reason.

Prohibited User Activities

Users may not engage in the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation, by any automated or non-automated “scraping;” (ii) using any automated system, including without limitation, “robots or bots,” “spiders,” “offline readers,” etc. to access the Service in a manner that sends more request messages to GCB servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that GCB grants the operators of public search engines revocable permission to use spiders to copy materials from https://www.giftcardbank.org/&... the sole purpose of and solely to the extent necessary for creating publicly available, searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting GCB, its partners, systems, or Users any spam, chain letters, offensive material, or other unsolicited email, communication, or other data; (iv) attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the services running the Service; (v) taking any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large loan on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) using the Service for any commercial solicitation purposes; (viii) collecting or harvesting any personally identifiable information from the Service; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, or hiding or attempting to hide your identity; (x) interfering with the function of the Service or using the Service in a manner that would result in fraud, chargebacks, penalties, or complaints related to such behavior; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

Disclaimer

THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE.

Limits

All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. We will not be liable to you for any incidental, special, or consequential damages of any kind that may result from use of or an inability to use our Service.

Use of Information

We reserve the right, and you authorize us, to the use and assignment of all information in connection with your use of the Service and all information provided by you in any manner consistent with these Terms of Use.

Right to Refuse Request

GCB reserves the right to refuse any request placed or to cancel the request at any time.

Shipment

GCB may ship physical gift cards. GCB will generally ship a gift card within 1–2 business days from the time the request is approved, but GCB reserves the right to delay shipment up to 7 business days. GCB may choose to provide a tracking number as proof that a gift card has been shipped out. No further proof is required. When the tracking number provided by GCB indicates that it is in route with the carrier, GCB shall bear no further responsibility for the shipment.

Goods Not As Described 45 Day Return Policy

If a gift card turns out to be a fraudulent card and is cancelled by the merchant or if there is any other balance discrepancy, the recipient must contact us within 45 days of receipt. We will then investigate the matter and, based on the circumstances, may provide a replacement. We may require cards delivered in physical form to be returned. Prior to receiving a replacement, the recipient may be required to return the gift card to GCB via an authorized trackable shipping company.

SMS Terms

GCB offers recipients of our gift cards the option to be updated through SMS text messaging about the status of their grant application and their gift card shipments, as well as reminders about the grant timeline and any reporting required. Message frequency varies. Message and data rates may apply. Text HELP to +1-510-767-4588 for assistance. Reply STOP to opt-out. Carriers are not liable for any delays or undelivered messages.

Third-Party Materials

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by GCB (“Third-Party Materials”). GCB does not endorse or assume any responsibility for any Third-Party Materials, including with respect to any goods or services purchased. If you access a third-party website from the Service, you do so at your own risk, and you understand that these Terms of Use do not apply to your use of such sites. You expressly relieve GCB from any and all liability arising from your use of any third-party website, service, advertisement, or content.

Submissions

All suggestions, ideas, notes, concepts, and other information you may, from time to time, send to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GCB, ITS FISCAL SPONSOR, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR: (A) ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODSWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES; (B) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE VALUE OF YOUR TOTAL GIFT CARD TRANSACTIONS VIA THE SERVICE IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NONE, FIVE HUNDRED ($500) U.S. DOLLARS; OR (C) ANY MATTER BEYOND GCB’S REASONABLE CONTROL. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GCB ASSUMES NO LIABLITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION OR DATA STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HOURSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD-PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; (VIII) LOST OR STOLEN OR OTHERWISE UNREDEEMABLE GIFT CARDS, AND/OR A RETAILER’S REFUSAL OR FAILURE TO HONOR A GIFT CARD RECEIVED THROUGH THE SERVICE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GCB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THE SERVICE IS CONTROLLED AND OPERATED FROM FACILITIES IN THE UNITED STATES. GCB MAKES NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS.

Venue; Applicable Law

YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THESE TERMS OF USE, OR YOUR USE OF THE SERVICE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN CONTRA COSTA COUNTY, CALIFORNIA. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT CONTRA COSTA COUNTY, CALIFORNIA IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by GCB in the State of California, USA. As such, the laws of California will govern the terms and conditions contained in these Terms of Use and in connection with the Service, without giving effect to any principles of conflicts of laws.

No Waiver

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and GCB’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. All waivers and modifications to these Terms of Use must be in a writing signed by both parties that expressly, by its terms, modifies or waives a provision of these Terms of Use.

Entire Agreement/Severability

These Terms of Use, together with any amendments and any document referenced herein, shall constitute the entire agreement between you and GCB concerning the Service. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use, and you do not have any authority of any kind to bind GCB in any respect whatsoever.