Thanks for using our online WhatcomGiftCards.com website, its related mobile application, and our products and software as a service (“Services”). GiftWith SPC dba Whatcom Gift Cards (“GiftWith,” “we,” “us,” “our”), a Washington social purpose corporation headquartered in Bellingham, Washington, provides these Services according to these Terms of Service (“Terms”), which constitute an agreement (“Agreement”) between us and you.
By using our Services, you agree to these Terms. Please read them carefully as they constitute a binding Agreement between GiftWith and each customer of our online Services.
1.1. Business Uses
If you are using our Services on behalf of a business, that business accepts these Terms, and you warrant that you have the full right and authority to enter into, execute, and perform that business’s obligations under this Agreement. That business will hold harmless and indemnify GiftWith and its affiliates, officers, agents, and employees from any claim, suit, or action arising from or related to the use of the Services or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.
1.2. If You Reject This Agreement
You may reject these Terms of this Agreement, but if you do, you are not permitted to use our Services. No additional or contrary terms shall apply between us and you unless we and you agree to them in a separate written agreement.
- Using Our Services
You must agree to and, as applicable, abide by all of our Policies, which we set forth here, and which we may also set forth within the Services.
You may not misuse our Services. For example, you may not interfere with our Services or attempt to access them using a method other than the interface and any instructions we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you fail to comply with these Terms or our Policies and we may also stop providing our Services while we are investigating suspected misuse or misconduct.
2.3 Intellectual Property in Our Services
Your use of our Services does not give you any right, title, or interest in or to any intellectual property in our Services or the content you access through the Services. Furthermore, you may not use any branding or logos used in our Services and you may not use GiftWith’s trademarks or trade dress or its affiliates’ trademarks or trade dress without explicit written permission. You may not remove, obscure, or alter any legal notices displayed in or along with our Services. To the extent that you use our Services and those Services incorporate our intellectual property, i.e., our trademark, trade dress, or copyright, or the intellectual property of third parties, i.e., the trademarks, trade dress, or copyright of merchants, you agree to use all such intellectual property for your personal and noncommercial use.
2.4 Mobile Devices
Whether or not we make our Services available on mobile devices, you agree not to use our Services in such a way that distracts you or prevents you from driving, flying, boating, transiting or otherwise operating a motor vehicle in a safe manner or from obeying all applicable traffic, flight, marine, and safety laws.
We may send you service announcements, administrative messages, and other information. You may opt out of some of these communications.
- Your Whatcom Gift Cards Account
You will need a Whatcom Gift Cards Account to pay for our Services and to use most of our Services. You may create your own Whatcom Gift Cards account, or an administrator may assign you such an Account.
You must keep your Whatcom Gift Cards account password confidential. You should not reuse your password on third-party applications or with any other account.
3.2 Unauthorized Use
If you learn of or suspect unauthorized use of your password or Whatcom Gift Cards account, you must report the unauthorized use to firstname.lastname@example.org. You remain responsible to us for any activity that happens on or through your Account, even if you do not authorize the activity.
- Privacy and Intellectual Property
4.1 Privacy Policies
GiftWith’s Privacy Policies explain how we handle your personal data and protect your privacy while you use our Services. By using our Services, you agree that GiftWith can use such data according to our Privacy Policies.
4.2 Your Content in Our Services
Our Services may allow you to upload, submit, use, and possibly store content. You retain the right, title, and interest in any intellectual property that you hold in such content.
4.3 Your License to GiftWith
When you upload, submit, use, or store content to or through our Services, you grant GiftWith—as well as third parties we may use to provide the Services to you—a worldwide license to use, host, store, reproduce, modify, create derivative works upon, communicate, publish, publicly perform, publicly display, and distribute such content. The rights you grant under this license are for the limited purpose of GiftWith’s provision of Services to you, operation, promotion, and improvement of our Services, as well as to develop new Services. This license continues even after you stop using our Services, particularly as to content you leave on (or fail to delete from) our platform. You agree that you have the necessary rights to grant us this license for any content you upload, submit, store, or use on or through our Services.
4.4 Digital Millennium Copyright Act
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set forth under the United States Digital Millennium Copyright Act (DMCA). If you believe another person is violating your copyrights and you desire to notify us, please read and follow our DMCA Policy.
- Merchant-Issued Closed Loop Gift Accounts
5.1 Purchases of Merchant-Issued Closed Loop Gift Accounts
We offer merchant-issued closed loop gift accounts either in the form of physical gift cards or codes used to access funds in those accounts (“Gift Card Accounts”). These Gift Card Accounts allow the bearer to purchase goods and services from the merchants who issued (“Issuing Merchant”) the Gift Card Accounts (“Merchant Goods and Services”). Persons who have reached the age of majority in their jurisdictions, no less than 18 years old, may purchase Gift Card Accounts. If you are using our Services, you represent and warrant you are at least 18 years old. We may refuse your purchase of a Gift Card Account in our sole and absolute discretion. All sales of Gift Card Accounts are final.
5.2 Use of Merchant-Issued Closed Loop Gift Accounts
You agree to use any Gift Card Account in accordance with the terms and conditions specified by the Issuing Merchant. Your purchase of a Gift Card Account may be subject to an expiration date set by the Issuing Merchant.
5.3 Disputes Regarding Merchant Goods and Services
Furthermore, if any disputes arise regarding any Merchant Goods and Services or the transactions relating thereto between you and the Issuing Merchant, you agree to settle all such disputes with the Issuing Merchant rather than attempting to settle such disputes with us.
Upon our delivery of a working Gift Card Account to you, we disclaim, and you consent to our disclaimer of, any responsibility for any value lost from or in a Gift Card Account subsequent to your purchase and our delivery of the Gift Card Account to you.
Any coupons that you receive through our Services are supplied or issued by unaffiliated third parties. We make these coupons available to you “as is” without warranties or representations of any kind, either express or implied. Without limitation, we exclude and disclaim any warranties of title, implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. You must use any such coupons in accordance with the terms of their issuers.
5.5 Sale of Merchant-Issued Closed Loop Gift Accounts
You may be offered the opportunity to sell a Gift Card Account to us. In connection with any such sale, you hereby warrant and represent the following: you are the sole true lawful owner of the Gift Card Account you sell to us and you acquired it originally through legal means; the Gift Card Account you sell to us is not encumbered by any liens or other obligations; the Gift Card Account is valid and redeemable for the amount of credit you represent to us at the time of sale; you have not retained a method to redeem the credit associated with the Gift Card Account and will not redeem the credit or any portion of the credit associated therewith after the sale completes; the Gift Card Account is actually transferable.
Upon your confirmation of the sale of your Gift Card Account to us, you agree to transfer all right, title, and interest in and to the Gift Card Account and provide us with the account number and personal identification number, if any, for such Gift Card Account. You agree, if we instruct you to do so, to destroy any physical gift card associated with the Gift Card Account following the sale.
Furthermore, you agree to provide us with valid credit card payment information for us to use to charge you for any amount of credit on a Gift Card Account we purchase from you that is invalid or is unavailable to us after consummation of the sale. We will charge you for the amount of invalid or unavailable credit plus the third party merchant services costs associated with the use of the credit card.
- Our Warranties and Disclaimers
Other than as may be set forth elsewhere in these Terms or in additional written terms which we and you agree to, neither GiftWith, nor its affiliates, nor its suppliers nor distributors make any specific promises about the services. GiftWith disclaims all promises and makes no warranties, representations, or commitments about the services or the content within the services. By way of example but not limitation, GiftWith disclaims all promises and makes no warranties, representations, or commitments pertaining to: (1) the retention or deletion of your content or data; or (2) the specific functions of the services, service levels, uptime, or the reliability, availability, or ability of the Services to meet your needs.
We provide all Services “as is.”
Some jurisdictions provide for certain warranties, such as the implied warranty of merchantability, implied warranty of fitness for a particular purpose, and a warranty of noninfringement. to the maximum extent permitted by law, we disclaim and exclude all warranties.
- Limitation of Liability
to the extent permitted by law, giftwith, its affiliates, and our suppliers and distributors will not be responsible for lost profits, revenues, data, or financial losses. moreover, GiftWith, its affiliates, and our suppliers and distributors will not be responsible for indirect, special, consequential, exemplary, or punitive damages.
furthermore, to the extent permitted by law, giftwith, its affiliates, its suppliers, and its distributors’ total liability for any claims you may make under these terms, including for implied warranties, is limited to the amount you paid us to use the services (or, at our election, to supplying you the services again).
in all cases, giftwith, its affiliates, its distributors, and its suppliers will not be liable for any loss or damage that is not reasonably foreseeable.
- Modifying and Terminating Our Services
We develop, update, change, and improve our Services from time to time. We may add or remove functionalities or features. We may suspend or stop any or all of our Services altogether. You may stop using our Services at any time by terminating your Account.
- Term and Termination
This Agreement and its Terms shall continue for so long as GiftWith provides Services to you, and where applicable, for so long as you maintain (and we allow you to maintain) a Whatcom Gift Cards Account, or for so long as you pay for one or more Services, unless either party expressly terminates this Agreement.
You may terminate your Whatcom Gift Cards Account at any time. We may also stop providing Services to you, or add or create new limits to our Services, or terminate your Whatcom Gift Cards Account at any time.
- About These Terms
We may modify these Terms or any additional terms that apply to a Services. Accordingly, you should visit and review these Terms on a regular basis. Changes shall not apply retroactively. If you do not agree to modifications to the Terms, you must discontinue use of our Services.
Occasionally there may be information within the Services platforms that is manifestly erroneous, contains typographical errors, inaccuracies, or omissions that may relate to service descriptions, pricing, availability, and other information (altogether, “Errors”). Section 10.1 notwithstanding, we reserve the right to correct any Errors and to change such information without prior notice.
- Interpretation and Miscellaneous
11.1 No Third-Party Beneficiaries
These Terms control the relationship inherent in this Agreement and only apply between us and you. They do not create rights for third parties, except as expressly described by these Terms. Third parties not expressly contemplated by these Terms are not beneficiaries to this Agreement.
11.2 Failure to Enforce is Not Waiver
If you violate this Agreement and we fail to enforce it immediately, we do not waive the right to enforce it later.
If a term in this Agreement is unenforceable, it will not affect the other Terms.
11.4 Governing Law and Arbitration
The laws of the State of Washington, excluding its conflict of laws rules, will apply to any disputes arising out of or relating to these Terms or the Services. All claims arising out of or relating to these Terms or the Services will be subject to binding arbitration with an arbitrator and arbitration service selected by GiftWith in Whatcom, Skagit, Snohomish, King, or Pierce Counties, Washington. You consent to personal jurisdiction in such arbitral forum.