Terms & Conditions
Please carefully read the following Terms before using the Site. By accessing and using the Site, you acknowledge that you have read, understood and agree to be bound by these Terms which form an agreement that is effective as if you had signed it. If at any time you do not agree to these Terms, please do not access or use the Site or any of its content.
These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. Each time you access, use or browse the Site, you signify your acceptance of the then-current Terms. YouGift may make changes to the Site, content, products, services or features of the Site at any time. You understand and agree that YouGift may discontinue or restrict your use of the Site at any time for any reason or no reason with or without notice.
2. Permitted Users
The Website is directed to persons 18 years of age or older. YouGift does not knowingly collect information from children under age 18. If you log into the Website from Facebook or provide information to the Website, you represent and warrant to YouGift that you are 18 years of age or older.
If you are under age 13, you may not submit personal information to the Website, send Gifts, browse and view Content on the Website. You represent and warrant to YouGift that you have the permission of your parent or guardian to do so and that your parent or guardian agrees to these Terms on your behalf.
If you are age 13 - 17, you may not submit personal information to the Website, but you may visit, browse and view Content on the Website and send Gifts that require no monetary payment. You represent and warrant to YouGift that you have the permission of your parent or guardian to do so and that your parent or guardian agrees to these Terms on your behalf.
If you are a parent or guardian and believe YouGift may have inadvertently collected personal information from your child under age 18, please notify YouGIft immediately by sending an email to email@example.com detailing the basis of your belief and your request.
4. Site Contents and Permitted Use
Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by YouGift.
The Site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.
Unless otherwise specified, the Site and the Contents are intended to promote YouGift’s Services available in the United States. The Site is controlled and operated by YouGift from its offices in 175 Varick St New York, NY 10014.
You agree to abide by any posted limitations relating to use, reproduction or dissemination of any information posted on the Site. You agree not to access the Site by any means other than through a standard web browser or mobile device. You agree not to remove, modify or obscure any acknowledgements, credits or legal notices on the Site. Any use of the Site in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law.
5. Gift Cards
YouGift enables you to purchase gift cards and cash cards (collectively referred to as “Gift Card”) from third party merchants (collectively referred to as “Merchant”). Gift Cards are received in the form of digital vouchers.
YouGift acts as an agent in distributing the Gift Cards on behalf of the Merchant. The Merchant is the issuer of the Gift Card. As issuer of the Gift Card, the merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities, and costs suffered by or in respect of a user, caused in whole or in part by the Merchant or its products and services, as well as for any and all property liability arising from unredeemed Gift Card. YouGift shall have no liability with respect to any Gift Cards, distribution of Gift Cards or use of Gift Cards by you or any other person.
The terms of redemption for each Gift Card may vary from Merchant to Merchant and any restrictions that apply to the use of such Gift Card will be noted within the Gift Card terms.
Some Gift Cards may carry expiration dates. These expiration dates indicate the last date you can use the Gift Card at a Merchant for the Offer stated on the Gift Card. In the event that you have not redeemed a Gift Card in full by the stated expiration date, that Gift Card becomes void.
Unless otherwise stated in the Gift Card or required by law, the following additional terms apply to all Gift Cards:
- Neither YouGift nor the Merchant is responsible for lost or stolen Gift Card
- Duplicate use, sale, or trade of a Gift Card is prohibited, except as required by law
- Any attempted redemption not consistent with these terms and conditions will render the Gift Card null and void
6. User Account
Some areas of or benefits provided by the Site may require you to register an account with us or create an account using third-party sign on services (e.g. Facebook). Your registration is subject to our review and approval and we reserve the right not to approve, or withdraw our approval of, your registration for any reason or no reason. In registering or using this Site, you agree to provide, maintain, and update information that is true, accurate, current and complete about yourself when registering and on an ongoing basis. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, or if we suspect that any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Sites or your account.
When you register to open an account on a Site, you will be required to provide an email address and a password to be used in conjunction with your account. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all uses of your password and your account, whether by you or others. You agree to (a) log out of your account at the end of each session; (b) keep your password confidential and not share it with anyone else; and (c) immediately notify YouGift of any unauthorized use of your password or account or any other breach of security. YouGift is authorized to act on instructions received through use of your password, and is not liable for any loss or damage arising from your failure to comply with this Section. You may not:
- register or log in to the Site using an invitation code, Member ID or an e-mail address of another person with the intent to impersonate that person
- register or log in to the Site using a member ID or an e-mail address subject to any rights of a person other than you without appropriate authorization
- have more than one user account
- register your Account Information, including but not limited to credit or debit card accounts, with a different user's account.
YouGift reserves the right to refuse registration of or terminate a user account at its sole and absolute discretion.
7. Access You Grant Us
By submitting information, data, passwords, member ID e-mail address, and other content to YouGift through the Site (collectively referred to as "the User Content”), you are licensing that User Content to YouGift solely for the purpose of providing the Services. YouGift may use and store the User Content, but only to provide the Services to you and may not use it for any other reasons. By submitting the User Content to YouGift, you represent and warrant that you are entitled to submit it to YouGift for use for the purposes as set forth herein, without any obligation by YouGift to pay any fees or be subject to any other limitations.
By using the Site, you expressly authorize YouGift to access your Account Information maintained by identified third-party data service providers, on your behalf as your agent. For purposes of this Agreement and solely to provide the Account Information to you as part of the Services, you grant YouGift a limited power of attorney, and appoint YouGift as your attorney-in-fact and agent, to retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. You acknowledge and agree that when YouGift is accessing and retrieving Account Information from third-party data service providers, YouGift is acting as your agent, and not as the agent of or on behalf of the third party. You understand and agree that the Services are not sponsored or endorsed by any third parties.
8. Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to merchant information, product descriptions, pricing, promotions, offers, availability, and other content provided on behalf of YouGift or its merchant partners and affiliates. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information if any information on the Site is inaccurate at any time without prior notice.
9. Prohibited Actions
You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and YouGift reserves the right to determine what types of conduct it considers to be inappropriate use of the Site. In the case of inappropriate use, YouGift may take such measures as it determines in its sole discretion. By way of example, and not as a limitation, you agree that when using the Site, you will not: (i) use the Site for any purpose or to take any actions in violation of local, state, national, or international laws, regulations, codes, or rules; (ii) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure or otherwise in a manner that may adversely affect performance of the Site or restrict or inhibit any other user from using and enjoying the Site; (iii) use the Site for unauthorized framing or linking, or via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to the Site’s Content; (iv) aggregate, copy, duplicate, publish, or make available any of the Content of the Site to third parties outside the Site in any manner; (v) harvest or otherwise collect information about others, including email addresses, without their consent; and (vi) engage in any other action that, in the judgment of YouGift exposes it or any third party to potential liability or detriment of any type.
10. Notice and Procedures for Making Claims of Intellectual Property Infringement
YouGift may, in its sole discretion, disable and/or terminate use by users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide YouGift a Notice containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site (providing URL(s) in the body of an email is the best way to help YouGift locate content quickly);
- your name, address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. For Notice of claims of copyright or other intellectual property infringement, YouGift can be reached by sending an email to firstname.lastname@example.org.
11. Links to Other Sites
The Site may contain advertisements, postings and links to websites operated by other parties for your convenience and information. The advertisements, postings and linked sites are not under the control of YouGift and YouGift is not responsible for their content or privacy practices. Such advertisements, postings or links or references to other parties’ products or services do not imply endorsement of information, material, products or services of any other party or any other website. YouGift disclaims all liability with regard to your access to and use of such information, material, products or services or transactions with such linked websites or other parties. You acknowledge and agree that YouGift is not responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.
YouGift reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Site, YouGift’s services and the Content or any portion thereof, with or without notice. You agree that YouGift will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, products offered for sale on the Site and the Content.
13. Suspension and Termination
YouGift reserves the right, at its sole discretion, immediately and without notice, to suspend, discontinue, or terminate your access to the Site or any part thereof for any reason, including without limitation any breach by you of these Terms. You agree that YouGift shall not be liable to you or any third party for any such suspension, discontinuance or termination.
14. Proprietary Rights
You acknowledge and agree that, as between YouGift and you, all right, title, and interest in and to the Site, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights, are owned exclusively by YouGift its affiliates, suppliers, vendors or licensors, and are protected by United States intellectual property and other applicable laws.
The trademarks, service marks, logos, slogans, trade names and trade dress of YouGift used on the Site are proprietary to YouGift. Unauthorized use of any trademark of YouGift may be a violation of trademark laws. Any other trademarks, service marks, logos, trade names or designations of other parties referenced in the Site do not constitute or imply affiliation, endorsement or recommendation by YouGift of the other parties, or by the other parties of YouGift, and are the trademarks or registered trademarks of the respective third parties.
15. Your Indemnity of YouGift
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD YOUGIFT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, LICENSEES, SERVICE PROVIDERS, ADVERTISERS AND OTHERS ACTING IN CONCERT WITH THEM, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR USE OF OR RELIANCE ON THE SITE OR ANY CONTENT, PRODUCTS, SERVICES OR ACTIVITY, YOUR DEALINGS IN CONNECTION WITH THE SITE AND (B) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF YOUGIFT OR ANY THIRD PARTY.
16. Disclaimers and Limitation of Liability
THE SITE IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUGIFT MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE IS AT YOUR SOLE RISK.
YOUGIFT MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUGIFT DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, EVEN IF YOUGIFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
17. Notice Required by California Law
Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:
The name, address and telephone number of the provider of this service is:
175 Varick St
New York, NY 10014
Complaints regarding this Site or requests to receive further information regarding use of this Site may be sent to the above address or to email@example.com.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
18. Governing Law and Disputes
Any Dispute shall be governed by, and will be construed in accordance with, the laws of the State of New York, U.S.A., without regard to choice of law principles. You irrevocably agree that the federal and state courts located in or for New York, NY, U.S.A. are the sole and exclusive forum and venue for any dispute, as the most convenient and appropriate to address any disputes, and you agree to submit to the jurisdiction and venue of such courts. You agree that to the fullest extent permitted by law: (i) no claims by you shall be joined with any other and you agree not to participate in any claim brought by others; (ii) YOU HAVE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; and (iii) you have no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Site is controlled within the United States of America and is directed to individuals residing in the United States. Those who choose to access the Site from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. YouGift does not represent that the Site or its Content are appropriate outside the United States of America. YouGift reserves the right to limit the availability of the Site for any person, geographic area or jurisdiction at any time in its sole discretion.