Terms of Use

Last Updated: 7 September 2021

Acceptance of Terms of Use

These Terms of Use, conditions, and together with any other documents they expressly incorporate by reference (collectively, “Terms of Use”) apply to and govern Your use of and access to all websites, applications, platforms and other online products and services provided by us, including https://wegift.io (and all related subdomains) and related online and offline services thereto, and any services, transactions, or engagement you might have with us (collectively the “Services”) as operated by The Voucher Market Limited a United Kingdom entity doing business in the United States as WeGift, Inc. including any other affiliates and subsidiaries (collectively “WeGift,” “Company” “we,” “our,” or “us”) where the Terms are posted, whether you use as a guest or a registered user.

Please read the Terms of Use carefully before you as the buyer access and use the Services or create an account. By using the Services and/or creating an account on the website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://wegift.io/privacy-policy/, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, do not access or use the Services.

Important Words And Phases

Brand: a retailer or Gift Card issuer who makes their brand Gift Cards available for sale through the Online Portal and/or the API.

Gift Cards: an electronic code issued by a Brand, with a predefined value that may be used to make Transactions online or in store with the Brand or with the network of retailers selected by the Brand up to the value assigned to such code, with the electronic codes sold or made available for sale to the buyers via an Online Portal and/or the API.

End User: a person to whom or a business to which the buyer distributes the Digital Gift Card.

You/Your: refers to the business entity (or person acting on behalf of or at the request of the business entity) accessing the Services.

Changes To Terms Of Use

Your continued use of the Services following the posting of revised Terms of Use confirm acceptance of the changes and updates. You are expected to check this page each time you access this Services, so You are aware of any changes, as they are binding on You.

User Representations

In addition to Your representation of being a business in good standing, and of legal age and ability to form a binding contract, through Your use of the Services, you represent and warrant that: (1) You are not utilizing the Services for individual purchase or use but only on behalf of a business entity; (2) all information You submit to access, use, and pay for the Services are true, accurate, current, and complete; (3) You will maintain the accuracy of such information and promptly update such information as necessary; (4) You will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (5) You will not use the Services for any illegal or unauthorized purpose or in violation of any laws; (6) You agree that all information you provide to create an account with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy https://wegift.io/privacy-policy/, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If You provide any information at any time through your use of the Services that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate Your account and refuse any and all current or future use of the Services (or any portion thereof).

Your Account

If You create an account and are provided with a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that Your account is personal to Your business and agree not to provide any other person or entity with access to this site or the Services or portions of it using Your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of Your business’s user name or password or any other breach of security. You agree that WeGift are not liable for any unauthorised or fraudulent use of your account, your payment method or orders fulfilled by WeGift to You. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by You or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

All information we collect on this Website is subject to our Privacy Policy https://wegift.io/privacy-policy/. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Our Products And Services

The Services provided include an online portal granting You access to purchase Gift Cards and allow Company to distribute said Gift Cards through an electronic link. Company is not an issuer of any Gift Cards available for purchase via the Services. Company only provides a service through which Gift Cards can be distributed and purchased. Company makes every effort to display as accurately as possible the colors, features, specifications, and details of the products and Brands available through the Services. However, We do not guarantee that the colors, features, specifications, and details of the products and Brands will be accurate, complete, reliable, current, or free of other errors, nor that your electronic display accurately reflects the actual colors and details of the products. All products are subject to availability. We reserve the right to discontinue any products or Brands at any time for any reason without notice to You. Prices for all products are subject to change without notice to you. Company may, in its sole discretion, change, modify, or limit the Services described herein to comply with any applicable legal requirements or to enhance the features or security.

When applicable, You agree to supply true and accurate information about the End User of the gift card and the purpose of distribution to such gift card End User, taking all necessary steps to establish the existence and identity of the gift card End User. If You supply incorrect End User information, You agree that You shall remain fully responsible and liable for any loss or damage arising from non-delivery of Gift Cards to said End User.

In the event an electronic link distributed by Company to You or on Your behalf is not accessed by the End User within the specific time frame established by Company, the unclaimed funds associated with the link shall belong to Company. This time frame is not an expiration date associated with any specific Gift Card, and the electronic link can be later accessed if attempted by End User. Upon an End User accessing the link and disbursement of the gift card via the online portal or API, any unclaimed funds associated with the Gift Card shall then belong to the Brand from which You ordered the Gift Card.

Company reserves the right to place restrictions on any orders due to a) the unavailability of Gift Cards from the Brand, b) downtime or other technical issues at the Brand’s processor which prevent the Gift Card issuance or delivery c) unauthorized access to the online portal or an API identified, d) reasonably suspected fraud (e) any change in applicable law. You agree to provide the Company with true and accurate information about the purpose of distribution of the Gift Cards to such End Users and take steps to establish the existence and the identity of the Gift Card End Users if requested by Company.

You understand and agree that each Brand displayed through the Service has its own standard terms and conditions applicable to the purchase and use of each specific Gift Card ordered via Company. Further you understand that it may be necessary and/or required for you to convey or make accessible said terms to the End User via email, electronic link, or other method.

Purchases And Payment

We accept the following forms of payment: debit and credit card. These are the only authorized forms of payment. Gift Cards cannot be purchased with cash. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. When providing said payment information, You represent that you have authority to use said debit or credit card for the purposes described herein. You agree that you will not use the Services for any fraudulent activity. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We reserve the right to add taxes as required by law where applicable, such as Sales tax or VAT. Buyer accepts they are responsible for any tax responsibilities applicable to their business. We may change prices at any time, without prior notice to you. Fees charged will be displayed at purchase and payment should be made in the stated currency.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. In the event any Gift Cards purchased for promotional, or marketing use and materials are subject to the express approval of the Brand which issues the Gift Cards, You agree that it is Your responsibility to determine if any Brand approval is required for said purchase.

We reserve the right to refuse any order placed through the Services, particularly in the event of any suspected fraud or fraudulent behavior. We may, in our sole discretion, limit or cancel quantities purchased per business or per order in our discretion or as required by law. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by individuals, dealers, resellers, or distributors.

Return/Refunds Policy

All sales are final, and no refund will be issued.

User Conduct

By using the Services, it is Your responsibility to know, understand and abide by our rules of conduct. These rules are not meant to be exhaustive, and we reserve the right to determine what types of conduct we consider to be inappropriate use of the Services and to take such measures as Company sees fit. Company reserves the right to add to or amend this list of rules at any time without prior notice to You.

You agree that you will not use the Services to:

• E-mail, transmit, upload, or otherwise make available content that harasses, abuses, defames, or threatens other users, that contains profanity, or obscene or otherwise objectionable content, or that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;

• Stalk or otherwise harass any other person or entity;

• Post, e-mail, transmit, upload, or otherwise make available content that contains any other party’s intellectual property;

• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;

• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

• Post spam or other advertisements or solicitations, solicit funds, promote commercial entities, or otherwise engage in commercial activity except as explicitly authorized herein;

• Post, e-mail, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs which (by design or function) interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

• Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

• Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or engage in any suspicious or fraudulent behavior;

• Use any meta tags or any other hidden text using our name or trademarks.

• Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising, or in any way making up, any part of the Services.

• Access any content not intended for your use or log onto a server or account that you are not authorized to access.

• Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

Violation of the rules of conduct may result in the immediate removal of your content from the Services and/or the termination of your account.

You understand that all postings and content submitted to any of the Services by you as a user of the Services (“User Materials”), whether privately transmitted or made publicly available, are the sole responsibility of the person from which such User Materials originated. This means that you, not Company, are entirely responsible for all User Materials that you upload, post, share, e-mail, transmit, or otherwise make available via the Services. Under no circumstances will Company be liable in any way for any User Materials uploaded, posted, shared, e-mailed, transmitted or otherwise made available via the Services.

You acknowledge that Company may or may not pre-screen User Materials, but that Company and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or move any User Materials that are available via the Services. Without limiting the foregoing, Company and its designees shall have the right to remove any User Materials that violate these Terms or are otherwise objectionable at our sole and absolute discretion. You understand that by using the Services, you may be exposed to User Materials that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Materials. You further acknowledge and agree that you will not rely on any content available on or through the Services.

With respect to User Materials You directly submit or make available on the Services, you grant Company an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Materials (in whole or in part) and to incorporate such User Materials into other works in any format or medium now known or later developed, and for any commercial or non-commercial purposes.

Our Proprietary Rights

All title, ownership and intellectual property rights in and to the Services and the data, information, materials, trademarks, service marks, software, photos, videos, images, and other content (collectively, the “Content”) made available through the Services are owned by Company or its licensors. Unless noted otherwise, you should assume that the Services and all Content made available through the Services are protected by copyright, trademark and other applicable intellectual property law and may not be used except as permitted in these Terms. You acknowledge and agree that the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Content and Services, in whole or in part; provided, however, that you are granted a limited license to access and use the Services and Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

Content available through the Services may contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the Content at any time, without prior notice to you.

Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Services without the written permission of Company or any third party that may own the trademarks. Your use of any trademarks displayed on the Services, or any other Content on the Services, except as provided in these Terms, is strictly prohibited. You are also advised that Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution.

Termination Of Use/Access To The Services

You agree that Company may, in its sole and absolute discretion and without notice or liability to You or any third party, immediately terminate your access to the Services and disable Your account. Grounds for such termination shall include, but are not limited to, (a) breaches or violations of these Terms or other agreements or guidelines, (b) requests by law enforcement or government agencies related to Your use or access, (c) a request by You (self-initiated account deletions), (d) discontinuance or material modification of the Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) Your failure to pay for Services when prompted, (g) extended periods of inactivity, and (h) suspected or actual fraud or fraudulent or dishonest behavior by You. Termination of your account(s) may include consistent with applicable law, the deletion of all of your account information on the Services, User Materials, and other content associated with your account(s) on the Services (or any part thereof).

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that the Services accessed via the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT.

YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE USE OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THE CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE USE OF THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation Of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, any use of the Services other than as expressly authorized in these Terms of Use.

Governing Law And Jurisdiction

All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware in each case located in the City of Wilmington and County of New Castle County although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Notice

COMPANY may provide you with notices, including those regarding changes to these Terms, by e-mail, regular mail, or postings on the Services; provided, however, that this Section places no requirements on Company not already expressly set forth herein.

Waiver And Liability of Terms

Company’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 the Terms remain in full force and effect.

Statue of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Section Titles

The section titles in these Terms are for convenience only and have no legal or contractual effect.

Questions

Questions regarding these Terms of Use? Please contact us with your questions via email using the subject line “Terms of Use”, to the address support@wegift.io.