Updated July 2019
Perfect Gift, LLC (“Company,” “we,” “us,” “our”) provides the service described below (the “Service”) relating to the purchase and receipt, by duly authorized businesses and associations (“Entities”), in bulk and for the sole purpose of redistribution and end use, of certain physical and/or digital gift cards (collectively, “Gift Cards”). This agreement provides the terms and conditions governing your use of the Service. By using the Perfect Gift Service, you represent and warrant that you are an authorized representative of the Entity for which you seek to purchase Gift cards, and you and the Entity (collectively, “you”) agree to these Terms of Service. You also agree to our Privacy Statement, which is incorporated herein by this reference and located at https://www.perfectgift.com/privacy. You acknowledge that you will regularly visit these Terms of Service and the Privacy Statement to familiarize yourself with any and all updates. These Terms of Service, the Privacy Statement, and any other terms incorporated herein by reference are collectively referred to in this document as “Terms.”
Please read the Terms carefully and keep them for future reference, including but not limited to the following sections: (A) DISPUTE RESOLUTION/ARBITRATION AGREEMENT, (B) LIMITATION OF LIABILITY, AND (C) INDEMNIFICATION.
IF YOU DO NOT AGREE TO THESE TERMS, IMMEDIATELY STOP USING THE PERFECT GIFT SERVICE, PARTICIPATING IN ANY PROGRAM OR PURCHASE, OR RECEIVING ANY GOOD OR SERVICE OFFERED THROUGH THE PERFECT GIFT SERVICE.
The Perfect Gift Service allows you to purchase and receive, in bulk and for the sole purpose of redistribution and end use (i. e., not for resale), prepaid “closed-loop” and/or “open-loop”Gift Cards. You must tender, and Perfect Gift must receive, full and properly authorized payment for each Gift Card, via methods and procedures specified by Perfect Gift. You must use the Gift Cards at participating merchants, as designated by the Gift Cards (“Merchants”), and/or as otherwise as allowed and contemplated by the Gift Cards' terms and conditions (collectively, the “Service”).
Gift Cards are purchased when (a) you successfully register with us and a valid account is approved and established, (b) you select Gift Cards to receive for designated use at participating Merchants, (c) you fully pay for the Gift Cards in the manner specified by us in our sole discretion; (d) we receive full payment from you, and (e) we deliver the Gift Cards to the Purchaser.
Gift Cards are redeemed when (a) through proper use of the Gift Cards, (1) a purchase of goods and/or services is made from the participating Merchant(s) or, (2) in the case of an open-loop Gift Card, a cash redemption is requested from a legally authorized and appropriate financial institution or other third party (each of (1) and (2), a “Qualifying Use”), (b) Merchant or financial institution/third party accepts the Gift Cards; and (c) some or all (as applicable) of the value of the Gift Card is applied against the amount of the Qualifying Use from the Merchant or financial institution/third party.
The following fees and limitations apply to the Gift Cards:
The foregoing fees and limitations are subject to change.
To use the Service, you must create a Perfect Gift enrollment (“Enrollment”). You may create one Perfect Gift Enrollment only, which is solely for your use. Your Enrollment is non-transferable, and you cannot sell, combine, or otherwise share it with any other person. Without limiting the foregoing, you may request, and we may grant, written permission for multiple representatives of the Entity for which you seek to purchase Gift Cards to use your Enrollment. If you request and we grant such permission, you agree to comply and to ensure compliance with all of our administrative policies, procedures and requirements. All use of your Perfect Gift Enrollment must be for business use. No personal, family, or household use of your Perfect Gift Enrollment is allowed.
By creating an Enrollment or by using the Service, you represent and warrant to us that: (i) you are at least 18 years of age (or older if you reside in a state where the majority age is older); (ii) the Entity for which you seek to purchase Gift Cards is domiciled in the United States; (iii) you are an authorized representative of the Entity for which you seek to purchase Gift Cards, (iv) you have provided us, as may be requested, with a verifiable U.S. street address (not a P.O. Box); (iv) the personal and Entity information that you provide to us in connection with your Enrollment is true, correct, and complete; and (v) you received a copy of and agree to be bound by and comply with these Terms and to comply with all applicable law in using the Service or your Perfect Gift Enrollment.
To create a new Enrollment, you must apply to PG for approval. To do so, you must complete a request form via our website. You must create a confidential username and password and provide us with information about you and your business (for example, personal name, Entity name, complete address, email address, phone number, website URL, employer identification/tax identification number, purpose for gift card use, etc.).
We will review your request. Once an account is approved, you will have access to our secure bulk order system, and you may make bulk purchases. All purchases are subject to our review. We reserve the right, in our sole discretion, to deny an application/eEnrollment request and/or to cancel an order at any time.
Your use of the Service is subject to you being in good standing and your payment method(s) being valid, in good standing, and up-to-date. You represent and warrant to us that the information you provide about you and your payment method is true and that you are authorized to make and receive purchases and to use the designated payment method(s). You agree to promptly update your Enrollment information with any changes (for example, a change in your billing address), to not use any payment method that is not valid, and to secure our timely approval for any and all updated payment information/method(s). You must be authorized to effect payment via your payment method(s). You acknowledge and agree that we do not and will not have any liability associated with or arising from your use of the Service, or your failure to provide accurate registration information, including but not limited to your failure to receive a Gift Card for a Qualifying Purchase or updates about the Service. If we or any of our partners or vendors have reasonable grounds to suspect that the information you provided is untrue, inaccurate, or incomplete, your Enrollment may be suspended or terminated. You may authorize us to collect and store your payment method(s) information, along with other identifying information in connection with your Enrollment, such as your email address, location, and device information.
To use the Service to purchase a Gift Card (a “Purchase Transaction”), you as Purchaser must have a valid, active Perfect Gift Enrollment linked to a valid payment method. For your initial purchase order, we will contact you to provide payment instructions. All payments must be made and completed in advance via wire transfer, check or money order, or other method as specified by us in our sole discretion.
When you select Gift Cards to purchase, you are agreeing to pay all amounts specified in the Gift Cards, along with any applicable taxes, as well as any service or processing fees to the extent permitted by applicable law. You hereby authorize us to authorize and charge the full order amount to the payment method affiliated with your Enrollment, and you also authorize us to collect and store that payment method information, along with other information related to your Purchase Transaction.
If you dispute any charges related to the Gift Cards you have purchased, you must notify us within sixty (60) days after the date we charge you. You shall be responsible for all taxes associated with the Service other than U.S. taxes based on our net income. Applicable fees for Gift Cards offered via the Service may change at any time. Please review our web site and mobile app for changes. We do not provide price protection or refunds in the event of a fee reduction or promotional offering. Your continued use of the Service after any fee change becomes effective constitutes your agreement to pay the originally charged amount.
PG is not responsible for any value lost from a Gift Card after purchase and delivery to Purchaser. A Purchaser is solely responsible for any and all losses due to fraudulent activity on its accounts and/or Gift Card balances.
We are not the issuer of any Gift Cards. All Gift Cards purchased are issued and activated by participating Merchants, retailers and vendors (collectively "Issuers"). After purchasing a Gift Card, Purchaser or the recipient of the Gift Card must activate the Gift Card by following the instructions provided by the Issuers. The Gift Card may only function upon activation. Upon activation, the Gift Card will be governed by certain terms and conditions established by the Issuer. Depending on the applicable laws and jurisdiction, and whether the Gift Cards are promotional in nature, Issuers may set expiration dates for such Gift Cards, in addition to other restrictions and requirements that each individual Issuer may have at its sole discretion subject to applicable law. Purchaser (and the recipient of the Gift Card) should review all applicable Issuer terms and conditions. Any questions regarding the applicable Issuer terms should be directed to the Issuer.
Issuers (not us) are fully responsible for all aspects of their Gift Card programs. Issuers are also responsible for all liabilities, damages and costs suffered by Purchaser (or by a recipient of a Gift Card) in possible connection with the purchase and the use of a Gift Card. While we seek to work only with reputable Issuers, we have no liability for (1) the sale of products or services using any Gift Card; and (2) any Issuer's failure to honor a Gift Card.
Purchaser has no right to promote or use the name or commercial images of Issuer without express written consent.
The only way a Gift Card can be redeemed is by making a QualifyingUse. Any particular Gift Card you receive may be redeemed only as designated on or by the Gift Card. Even if a Merchant, financial institution or other third party accepts other Gift Cards, your specific Gift Card cannot be redeemed at a Merchant unless the Gift Card is designated for use at that Merchant, financial institution or other third party.
No Gift Card Purchase Transaction is complete, and we will incur no payment or delivery obligations to you, until we verify the authenticity of your Enrollment. We accept no responsibility for any delays in Gift Card delivery or redemption due to verification requirements.
We reserve the right to review, postpone, or cancel the purchase of any Gift Card in our sole discretion. If we receive a claim or otherwise suspect that a Gift Card purchased through Perfect Gift was fraudulently purchased or otherwise unauthorized, we reserve the right to immediately cancel the Gift Card and recover any costs associated with the fraud. You give us express authorization to share information about you, your Enrollment, your purchase, and any of your activity with law enforcement authorities as needed to investigate any claim of fraud. If your Enrollment is determined to be fraudulent, we may suspend your Enrollment immediately and all pending Gift Cards or other transactions may be suspended.
In addition, an Issuer may review, postpone, cancel, and/or take other action with respect to a Gift Card based on its policies, and based on the specific terms and conditions of the Gift Card, regarding fraud and abuse matters.
General Practices Regarding Use and Storage: You agree that we may establish general practices and limits concerning use of the Service, including but not limited to the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any of your information, account data, or other content maintained or uploaded by the Service. You acknowledge that we reserve the right to terminate any Enrollments that are inactive for an extended period of time or that are determined to be fraudulent. You further acknowledge that we reserve the right to change these general practices and limits at any time, in its sole discretion, with or without notice as long as there is no material adverse impact on any of your pending Gift Cards.
Mobile Services/TCPA Consent: To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. Use of certain features of the Service may be prohibited or restricted by your carrier, and not all features of the Service may work with all carriers or devices. When accessing the Service through a mobile device, unless you allow us access to your location, we may not be able to provide access to certain content if such content has geographic limitations.
By acknowledging these Terms, you consent to our communicating with you on your mobile device, including through the use of an automatic telephone dialing system or a prerecorded or artificial voice, by SMS, MMS, text message or other electronic means and that certain information about your usage of the products and features may be communicated to us. You are not required to enter into this agreement as a condition of using the Service. By providing us with a telephone number, you expressly waive any protections afforded to you under federal, state, or corporate Do Not Call lists for the purpose of receiving telephone calls or text messages from us related to your use of the Service. By providing us with a telephone number, you represent and warrant that you are the authorized subscriber to that telephone number and that you have the authority to provide consent to be contacted at that telephone number. If you would like to revoke this consent at any time, you may do so by contacting us at 495 Mansfield Avenue, Pittsburgh, PA 15205. Even if you revoke this consent, you acknowledge that the remaining sections of the Terms will remain in effect. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Perfect Gift Enrollment information to ensure that your messages are not sent to the person that acquires your old number.
Account Password, Security, and Activity: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (i) immediately notify us of any unauthorized use of your password or Enrollment or any other breach of security, and (ii) ensure that you exit from your Enrollment at the end of each session when accessing the Service. If you remain signed into your Enrollment at the end of any session, any user accessing your device may be able to view and manipulate your Enrollment information and other sensitive information. We recommend that you exit from your Enrollment at the end of each session and that you use other security measures (for example, password protecting/”locking” a mobile device when not in use). We will not be liable for any loss or damage arising from your failure to comply with this Section.
Use of Trademarks/Logos: You and we understand and agree that your trademarks, service marks, trade names, designs, logos and/or copyrights (hereinafter “Marks”) will remain your sole property; and that our trademarks, service marks, trade names, designs, logos and/or copyrights (hereinafter “Marks”) will remain our sole property. Notwithstanding the foregoing, you agree that we are permitted without obtaining further consent to use your Marks and/or replications of your Marks on any and/or all of the Gift Cards you may seek to purchase from us. Except to the extent expressly provided for herein, nothing in these Terms of Service will confer in either of us any title to, right of ownership, or interest in the other Party's Marks.
Modification: We reserve the right, at our sole discretion, to discontinue, change or modify portions of these Terms at any time. If we do this, we will post the changes and will indicate the date these Terms were last revised. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms. Any changes to these Terms will be effective upon posting; provided that these changes will be prospective only and not retroactive. If you do not agree to the changes, you may cancel your Enrollment and you should not use the Service after the effective date of the changes. We suggest you revisit our Terms regularly to ensure that you stay informed of any changes. You agree that our posting of any changes on the Terms page is adequate notice to advise you of these changes.
Please contact us at firstname.lastname@example.org to report any violation of these Terms or to pose any questions regarding them.
You agree that we, in our sole discretion, may suspend or terminate your Enrollment (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, but not limited to, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. We may also in our sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your Enrollment and all related information and files in your Enrollment and/or bar any further access to such files or the Service. Further, you agree that we will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user, Merchant, and/or other Issuer in connection with the Service or any Gift Card, and that we will have no liability or responsibility with respect thereto. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of the Service or Merchant or Issuer, in each case in connection with the Service.
You agree to indemnify and hold us, and our officers, employees, directors, and agents harmless from any and all losses, damages, expenses, including but not limited to reasonable attorneys' fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, your violation of these Terms, or your violation of any rights of another.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND“AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE ARE NOT RESPONSIBLE FOR THE QUALITY, SAFETY, LEGALITY, OR ANY OTHER ASPECT OF ANY GOODS OR SERVICES YOU PURCHASE FROM A MERCHANT/ISSUER.
WE MAKE NO WARRANTY THAT: (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE, OUR CORPORATE AFFILIATES AND PERSONNEL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL PERFECT GIFT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PERFECT GIFT IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
At our or your election, all disputes, claims, or controversies arising out of or relating to the Terms or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in Pittsburgh, Pennsylvania before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator's decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on damages set forth in these Terms and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under these Terms, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including, but not limited to, the reasonable legal fees and expenses of the prevailing party) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including, but not limited to, attorneys' fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
We are independent parties to these Terms, and nothing contained herein will be deemed or construed to create the relationship of principal and agent or of partnership or joint venture. This Agreement and the rights and obligations of the Parties hereunder shall be governed by, and construed and interpreted in accordance with, the laws of the Commonwealth of Pennsylvania, without regard to the conflict of laws provisions thereof. We and you hereby submit to the jurisdiction of the courts of Pittsburgh, Pennsylvania for the enforcement of any arbitral award or other action. These Terms set forth the entire agreement between us pertaining to the Service. You agree that we will not be liable for any delay or failure in our performance of any of the acts required by these Terms when such delay or failure arises from circumstances beyond our control and without the fault or negligence of us. Such causes may include, without limitation, acts of God, acts of local, state or national governments or public agencies, acts of public enemies, terrorism, widespread or extended utility or communication failures or delays, earthquakes, fire, flood, epidemics, riots or strikes. If any provision of these Terms (or any portion thereof) is determined to be invalid or unenforceable, it will be stricken and the remaining provisions of these Terms will remain in full force and effect and shall be binding on us and enforceable in accordance with their terms, as though the invalid or unenforceable provision (or portion thereof) was not contained in this Agreement.
© Perfect Gift, LLC 2019 All rights reserved.