Terms Of Service
Last revised June 15, 2020
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.
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.
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
Donor Representations and Warranties
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.
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
Right to Refuse Request
GCB reserves the right to refuse any request placed or to cancel the request at any time.
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.
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