USER AGREEMENT

Welcome to GiftKard’s website and mobile applications (“Site”). Please read this document carefully because this User Agreement and Website Terms of Use (collectively, “Terms”) describe the legally binding agreement between you and GiftKard, on which we offer you access to the Site, App and our Services, including the services provided by our payment processing company(s), our affiliates and other third parties who may provide their service through us.

The Terms, including our Privacy Policy, are a contract between you (“you”, “your”) and GiftKard. If you use the Service, you represent that you have read, understood, and agree to be bound by the Terms, regardless of the device or platform or any means of communication by which you access the App or Site. If you are between the ages of 13 and 18, you may only use the Services under the supervision of a parent or legal guardian who registers for an account with GiftKard and thereby agrees to be bound by these Terms. If you do not agree to the Terms or are under the age of 13, do not use the Service.

We may modify the Terms (including our Privacy Policy) at any time in our sole discretion (without warning or intimation of such changes), hence you are encouraged to frequently review the terms on the site or the App. If you thereafter use the Site or 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”.

YOUR ACCOUNT

By using the Service, you agree to the following; When you register and create an account, make a purchase for yourself, send a gift to someone you agree: (a) to submit your own valid phone number, (b) that all information that you submit will be accurate and not misleading; (c) to keep confidential, all aspects of your account including your User name and password; (d) that you are responsible for any and all uses of your account, whether or not you’ve authorized such use; (e) to keep confidential all aspects of other Users’ account information that you may have access to; (f) to immediately notify us of any unauthorized use of your account; and (g) that you will not use the Site or Service for any unlawful or otherwise prohibited activity.

GIFTKARD SERVICE

The Service is a marketplace that allows you to easily purchase an electronic gift card for yourself or send electronic gift cards (“Gift Cards”) to your friends the gift recipient (“Recipient”). GiftKard Retailer Gift Cards are issued by a particular third party merchant or retailer (“Retailer”), and these Gift Cards are received and displayed on marketplace through the Mobile App. Gift Cards can be used online as well as at most physical stores in accordance with the applicable Retailer’s policies (See Gift Card Section below). Retailers and available denominations of their Gift Cards and their store locations are subject to change at each Retailer’s discretion and redemption or expiration, if any of each Retailer’s cards is subject to the limitations and conditions set by the Retailer at the time of redemption. To use the Service, a User will log in to GiftKard, choose a Gift Card, and follow the instructions for their specific purchase choice.

To use the service you need to register an account with GiftKard, download the Mobile App on your phone, and use of our Service is currently free of charge. However, GiftKard reserves the right to assess a fee or fees at any time in our sole discretion. To make a purchase, you must use a valid credit card, debit card, valid Net Banking account or a mobile wallet that we have partnered with and is present on our App.

Since this is a smartphone to smartphone gifting solution, it is incumbent on you to know if the recipient has a smartphone or not as this service is not offered on regular Non-Smartphones (i.e., phones that cannot connect to either the Apple IOS store or Google Play Store and download the GiftKard App for free).

The GiftKards that you buy for yourself or are gifted to you and are in your account which is tied to your phone number. In case you lose or change your smartphone, you can retrieve your unused gift cards on your new smartphone by registering with the same phone number.

We do not have any control over your intended Recipient, or any other Users of the Service, nor do we have any control over any of the Retailers. GiftKard is simply a marketplace for Retailers to sell their gift cards to Users. 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 Retailers, including any loss or damage resulting from: (i) late or failed delivery of any product or service, including physical Gift Cards bought from retailers, (ii) any defect or other quality aspect of any product or service, or (iii) breach of any Retailer warranty, express or implied whatsoever. The dealings between you, and any Users or Retailers are solely between you and the applicable User, or Retailer as the case may be. We are not responsible for changes in any Retailer’s redemption terms; including any price change that may occur after you send a Gift Card but prior to payment for the applicable product or service. You understand that we do not issue Gift Cards through the Service. The issuers of all Gift Cards are the applicable Retailers and the respective Retailer has the liability for the Redemption of the Gift Card. We have no obligation to resolve any dispute between you and any other User or Retailer. Users may resolve a dispute directly with each other or with the applicable Retailer. If you have or participate in any dispute or its resolution, you expressly agree to indemnify and hold harmless GiftKard and its officers, employees, members, managers, affiliates, subsidiaries, agents, representatives, and successors 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 Mobile App and Site and the Service (“Content”). We do not control, endorse or verify any Content. You understand that we may use your Content to provide the Service and for statistical, analytical, reporting and other purposes (see our Privacy Policy).

We reserve the right to cancel a User account at any time for any reason in our sole discretion. User accounts may be cancelled 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 clicking on the Contact Us link and then send us an email to service@giftkard.in. 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.

GIFTKARD PROCESSES PAYMENT TRANSACTIONS ON YOUR BEHALF EACH TIME A CONTRIBUTION IS MADE. ALL CONTRIBUTIONS ARE APPLIED TO A GIFT CARD AND CAN BE REDEEMED AT ANY TIME BY THE ORGANIZER OR RECIPIENT OF ANY GIFT OR GROUP GIFT AS APPLICABLE. GIFTKARD IS NOT A BANKING INSTITUTION OR OTHER CHARTERED DEPOSITORY INSTITUTION AND DOES NOT REPRESENT ITSELF AS SUCH. GIFTKARD MERELY PROVIDES USERS WITH A PLATFORM TO PURCHASE GIFT CARDS FROM RETAILER. GIFTKARD IS NOT THE ISSUER OF ANY OF THE GIFT CARDS AVAILABLE THROUGH THE SERVICE OR ON THE APP. THE ISSUER IS THE RETAILER FOR THE APPLICABLE GIFT CARD.

GIFT CARD

GiftKard provides consumers with opportunities to purchase Gift Cards to be used at third party Retailers. From time to time, GiftKard may have offers that are conditional to a time limited promotion. We reserve the right to interpret these rules in our sole discretion, and you hereby agree to our interpretation.

Both GiftKard and our participating Retailers may offer GiftKard’s Users the opportunity to send targeted free Gift Cards (“Promotional Gift Cards”) to be used for products and services at select Retailers stores and/or on their websites. Both GiftKard and our partner Retailers can choose our target groups based on gender, location, age, etc. and may at their sole discretion issue a limited amount of free Gift Cards to be sent to the respective target group. Promotional Gift Cards expire based on the Retailer instructions.

GiftKard Users can also choose a participating Retailer and purchase a Gift Card to be delivered electronically to a friend at predetermined values. Users friends are defined by friends available through the users email, Facebook account and other methods. By placing an order for a given Gift Card, you agree to purchase the Gift Card you have selected on the Retailer terms, restrictions and conditions associated with the Gift Card. Once you’ve placed your order, you will receive a confirmation of the purchase and your credit card, debit card, bank account or other account will be charged for the amount of any paid portion of the Gift Card value. Once the purchase is confirmed the Gift Card will be sent to the selected friend using GiftKard’s service and associated platforms at the direction of the Organizer. You are required to register and download the GiftKard App in order to purchase or receive any Gift Card. An account is required to ensure the authenticity of your transaction and also to collect your payment information and provide you with easy access to your friends list or contacts as applicable, view your past purchases, and modify your personal preferences.

The Gift Card is not redeemable for cash. The expiration date for a Gift Card is as printed or displayed on the Gift Card. The Retailer is obligated to honor the Gift Card in compliance with law. Gift cards once redeemed cannot be exchanged for another card nor re-gifted to another user. However gift cards bought for yourself that have not been redeemed can be gifted to another user before the expiration date of that Gift card, however the original expiration date of the gifted card will remain the same.

Unless otherwise stated at the time a Gift Card is purchased, the Gift Card price does not include sales taxes, value added taxes or any other taxes which may be charged to you separately by the Retailer at the time you redeem the Gift Card.

GiftKard is not the issuer of the Retailer Gift Cards. They are issued by the Applicable Retailer and as such the Retailer shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Retailer or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Gift Cards. By purchasing a Gift Card from GiftKard, a User acquires the right to redeem a Gift Card issued by the participating Retailer and to use the Gift Card subject to the Retailers terms and conditions and the Terms of this Agreement. Whether the User chooses to redeem the Gift Card prior to its expiration date (If any) is within the user’s sole control and at the user’s sole discretion.

All risk of loss and title for the Gift Card will pass to the Purchaser, Organizer or Recipient (as applicable) upon electronic transmission to such individual. GiftKard is not responsible if a Gift Card is redeemed, gifted to another user or used without permission. Giftkard is also not responsible if your gift cards are used as a result of your smartphone being hacked, lost, stolen, misplaced or used without your consent. GiftKard is not responsible if any Gift Card is rendered unsuitable for redemption through no fault of GiftKard. If your Gift Card order is incorrect, you must notify GiftKard within 15 days and provided the balance on the Gift Card has not been spent and has not changed from the original amount, we will make our best reasonable efforts to correct the error. If GiftKard is not notified of any error within 15 days of the date of electronic transmission of the Gift Card, the Gift Card will be deemed to be satisfactory. Gift Cards may not be redeemable outside India. Participating Retailers’ Gift Cards must be redeemed at the applicable Retailer’s website or physical retail store, subject to the Retailer’s then current terms and conditions.

All gift cards sold on GiftKard are only available in India. No single User may purchase or send more than INR 10,000 on any single Gift Card sold on GiftKard on any single day, and no User may purchase or send an aggregate of Gift Cards on GiftKard in an amount greater than INR 10,000 in any single day in one or more transactions.

Retailers Gift Cards offered at GiftKard are subject to change, and availability of Gift Cards for any Retailer cannot be guaranteed. GiftKard does not assume responsibility or liability for the actions, products, locations or content of any current, former, or future Retailers on the site.

All Retailer Gift Cards purchased at GiftKard may be redeemed at the store or website of such merchant (where applicable), subject to that Retailers terms and conditions. Retailers and available denominations of the Retailer Gift Cards and locations of the Retailers are also subject to change.

REDEMPTION

Users of GiftKard may purchase Gift Cards and send the Gift Cards to their friends. Friends will be notified via SMS, If they are already using the GiftKard App, they will also be notified via the app. You are encouraged to independently notify the recipient about the gift card via SMS or WhatsApp. After logging into the system you will become a member and view any Gift Cards for which you are the Recipient. To redeem you just click on the redeem button in the app to retrieve your Gift Card. You may not add any additional money to an existing gift card.

SALES TAX

Unless otherwise stated at the time a Gift Card is purchased, the Gift Card price does not include sales taxes, which may be charged to you separately by the Retailer at the time you redeem the Gift Card.

SHIPPING POLICY

The Retailer who will fulfill your order will ship your product according to its customary shipping policy. GiftKard is not responsible and has no control of the actual delivery date or performance of the Retailer where the Gift Card is redeemed. GiftKard does not ship any products.

REFUND

Except as expressly defined herein, all sales are final and there are no cancellations, refunds or exchanges permitted. GiftKard is not responsible for the refund and returns of any products purchased from Retailers. Your only recourse for refunds, returns and exchanges is with the applicable Retailer. Although we believe the applicable Retailer will grant refunds and/or accept returns according to its customary refund policy, we cannot guarantee this because we do not control any Retailer.

LINKS

Any Site or App 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 are either our property or the property of our 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 GiftKard and its affiliates, subsidiaries, members, managers, officers, employees, agents, representatives, and applicable third parties (e.g., relevant Users, co-branders and other commercial partners, licensors, licensees, consultants, and contractors) (collectively “Indemnified Parties”) from and against all Losses related to any unauthorized use of any third party IP.

GiftKard, the GiftKard logo, and the other names, logos, icons and marks identifying GiftKard 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 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 GiftKard. You may not post, distribute, reproduce, or sell in any way, any GiftKard IP without legal authorization. You shall indemnify the Indemnified Parties against all Losses related to your unauthorized use of any GiftKard IP and/or the Service. You may not copy, sell, resell, or otherwise exploit any aspect of the Service for any commercial purpose. We retain and reserve all right, title, and interest to all IP and other material on the Site (except for IP belonging to third parties), including all software and other computer code. None of the material on the Site 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 on the Site 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 the Site. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/or video on the Site 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 

USE OF THE GIFTKARD SERVICE IS AT YOUR SOLE RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS THAT RESULTS FROM SUCH USE. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS. GIFTKARD 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 ANY RETAILER, WHO MIGHT FULFILL ANY GIFT CARD OR SHIP ANY PRODUCT OR PROVIDE ANY SERVICE PURCHASED WITH A GIFT CARD. NEITHER GIFTKARD NOR ANY OF ITS LICENSORS MAKES ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NEITHER GIFTKARD NOR ANY OF ITS LICENSORS MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, OR THAT DEFECTS IN THE 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

IN NO EVENT SHALL GIFTKARD 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 SERVICE, INCLUDING DAMAGES FOR LOST PROFITS, EVEN IF GIFTKARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, GIFTKARD SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE 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 GIFTKARD TO YOU SHALL NOT EXCEED THE NET AMOUNT OF FEES PAID BY YOU DURING THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM.

YOUR INDEMNITY

You shall indemnify 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 Service; (ii) any breach or non-compliance with respect to any Term 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 GiftKard 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 GiftKard significant and irreparable injury and damage. Accordingly, you acknowledge that GiftKard 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

The Terms and this User Agreement are governed in all respects by the laws of Maharashtra, India, 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 courts in Mumbai, Maharashtra, India, 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 Service agree may not involve GiftKard 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, Retailer, or other third party arising out of or in any way related to the 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.

This agreement constitutes The Terms and this User Agreement 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 Service, please contact us via email at service@giftkard.in. For prompt service, please include your order number and the specific problem.