Terms and Conditions
User Agreement
User Agreement
Welcome to Giftmoji, a service of Seashells Technologies Inc. ("Giftmoji", "we", "us", "our") and our website and mobile applications ("Site"). Please read this document carefully because this User Agreement and Terms of Use (collectively, "Terms") describe the legally binding agreement between you and Giftmoji, on which we offer you access to the Site and our Services, including the services provided by our payment processing company(s), and the third party retailers (“Stores”) whose gift cards are for sale on the Site.
The Terms, including our Privacy Policy are a contract between you ("you", "your") and Giftmoji. If you use the Service, you represent that you are at least 18 years old, reside in the United States and have read, understood, and agree to be bound by the Terms, regardless of the device or platform by which you access the Site. If you are between the ages of 13 and 18 (or the age of legal majority under applicable law), you may only use the Services under the supervision of a parent or legal guardian who registers for an account with Giftmoji and thereby agrees to be bound by these Terms. If you don't agree to the Terms or are under the age of 13, do not use the Site or the Service.
We may modify the Terms (including our Privacy Policy) at any time in our sole discretion, by posting amended Terms to the Site or by sending you an email. 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".
By using the Service, you agree to the following; When you register and create an account, make a purhchase, or maintain an account with the Site you agree: (a)to submit your own valid e-mail address or Facebook credential; (b)to create a password (if signing up via e-mail); (c)that all information that you submit will be accurate and not misleading; (d)to keep confidential, all aspects of your account; (e) that you are responsible for any and all uses of your account, whether or not you've authorized such use; (f) to keep confidential all aspects of other Users' account information that you may have access to; (g) to immediately notify us of any unauthorized use of your account; and (h) that you will not use the Site or Service for any unlawful or otherwise prohibited activity.
By using the Site and/or Mobile Application, you can participate in the digital gift card platform we provide. We are always working on new ways to improve our Services. We reserve the right to modify or change our Site, the Application or any of the Services, temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Site, the Application or any Services. You acknowledge and agree that we shall not be liable to you or any third party in the event that we exercise our right to modify, change or discontinue the Site, the Application or any Services. IF YOU DECIDE TO OPEN AN ACCOUNT ON THE SITE, YOU ARE AGREEING TO ALLOW US TO CHARGE YOUR ASSOCIATED PAYMENT ACCOUNT AT SPECIFIED TIMES FOR SPECIFIED AMOUNTS RELATING TO PURCHASES YOU HAVE MADE.
To use the service you need to register an account with Giftmoji. Registration on the Site, and use of our Service is free of charge. However, Giftmoji 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 MasterCard, VISA, American Express, Discover, PayPal, or any other payment method accepted as displayed on the Site.
Access to the Service is provided based on the option chosen when you register, and you should not authorize any other person or entity to use your unique account. You are responsible for preventing such unauthorized use. If you become aware of any unauthorized activity please notify us ASAP at support@giftmoji.co.
We do not have any control over other partners or vendors, any other Users of the Service (or recipients of ‘Giftmoji’s’), nor do we have any control over any of the Retailers. 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: (a) transferring money from your Payment Account to your Giftmoji account, (b) late or failed redemption of any product or service, including Gift Cards, (c) any defect or other quality aspect of any product or service, or (d) 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 (Brand) as the case may be. We are not responsible for changes in any Brand's redemption terms; including any price change that may occur after you purchase a Gift Card but prior to use 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 the applicable Retailer. If you have or participate in any dispute or its resolution, you expressly agree to indemnify and hold harmless Giftmoji 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.
By using Giftmoji Service, User grants Giftmoji the right, power and authority to (acting on behalf of such User) access and transmit the User's personal and financial information (such as from third party banks) as reasonably necessary for Giftmoji to provide the Service to such End User.
You provide information and other content to the 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:
If there is content that is objectionable for any of the above reasons or otherwise, please let us know by clicking on the Support link at the bottom of any page on the Site and then send us an email to support@giftmoji.co. 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.
GIFTMOJI PROCESSES PAYMENT TRANSACTIONS ON YOUR BEHALF WHEN YOU PURCHASE A GIFT CARD. GIFTMOJI IS NOT A BANKING INSTITUTION OR OTHER CHARTERED DEPOSITORY INSTITUTION AND DOES NOT REPRESENT ITSELF AS SUCH. GIFTMOJI IS NOT THE ISSUER OF ANY OF THE GIFT CARDS AVAILABLE THROUGH THE SERVICE OR ON THE SITE. THE ISSUER IS THE RETAILER FOR THE APPLICABLE GIFT CARD.
Giftmoji provides allows consumers to purchase Gift Cards to be used at third party Retailers. From time to time, Giftmoji 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 Giftmoji and our participating Retailers may offer Giftmoji' Users the opportunity to send targeted free Gift Cards ("Promotional Gift Cards") to be used for products and services at select Retailers stores and on their websites.
Both Giftmoji 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.
By purchasing 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, your Gift Card will appear in your Giftmoji account. You are required to register an account with Giftmoji in order to redeem any Gift Card. An account is required to ensure the authenticity of your Gift Card purchase, to collect your necessary 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.
Unless otherwise stated by the applicable Retailer, the Gift Card is not redeemable for cash (except in regions where this is required by law). The expiration date for a Gift Card (if any) is as printed or displayed on the Gift Card. If the expiration of the Gift Card as of the date printed on the Gift Card is prohibited under the law of the jurisdiction in which the Retailer is located, then the Gift Card shall expire according to the applicable law. The Retailer is obligated to honor the Gift Card in compliance with law.
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 use the Gift Card. Giftmoji 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 Giftmoji, 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. Giftmoji is not responsible if a Gift Card is lost, stolen, destroyed, or used without permission. Giftmoji is not responsible if any Gift Card is rendered unsuitable for redemption through no fault of Giftmoji. If you have lost or misplaced your Gift Card and the balance has not been spent or changed from the original amount, please contact us at support@giftmoji.co, and we will email you a replacement provided we can confirm the balance is unused. If your Gift Card order is incorrect, you must notify Giftmoji within 30 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 Giftmoji is not notified of any error within 30 days of the date of electronic transmission of the Gift Card, the Gift Card will be deemed to be satisfactory. Some Gift Cards may not be redeemable outside the US. It is your responsibility to confirm if a Retailer's card can be redeemed internationally. 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 U.S. gift cards sold on Giftmoji are only available in the United States. No single User may purchase more than $2,000 on any single Gift Card sold on Giftmoji on any single day, and no User may purchase an aggregate of Gift Cards on Giftmoji in an amount greater than $10,000 in any single day in one or more transactions.
Retailers Gift Cards offered at Giftmoji are subject to change, and availability of Gift Cards for any Retailer cannot be guaranteed. Giftmoji 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 Giftmoji 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 of Retailer gift cards is subject to the limitations and rules set by the respective Retailers and such Retailer Gift Cards may not be available for use and redemption by individuals located outside the United States. See Retailer terms and conditions located at the Retailer site for more details.
Users of Giftmoji may redeem Gift Cards. To redeem you just click on the Checkout button in the app to purchase your Gift Card. At this point no additional contributions/deductions can be made and the price cannot be changed.
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.
The Retailer who will fulfill your order will ship your product according to its customary shipping policy. Standard ground delivery is typically between 4-7 business days, but Giftmoji is not responsible and has no control of the actual delivery date or performance of the Retailer where the Gift Card is redeemed. Giftmoji does not ship any products.
Except as expressly defined herein, all sales are final and there are no cancellations, refunds or exchanges permitted. Giftmoji 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.
If you send your Giftmoji to the wrong person errantly, we are not responsible to refund or compensate you in the case that the gift card is redeemed by the recipient.
Giftmoji reserves the right to limit Giftmoji Credits or Bonuses at any time. The person earning from Giftmoji agrees not to abuse Giftmoji credit privileges by conduct which is detrimental to the interests of Giftmoji, including without limitation attempting to accrue Giftmoji credit or spend credit in a manner inconsistent with the rules of Giftmoji or intent of this Agreement, having multiple accounts, attempting to earn bonuses or credits through other than legitimate channels, participating in purchasing or redemption fraud, etc. User understands and agrees that termination of membership will result in the cancellation of all of User's credit balance.
Giftmoji reserves the right to adjust your credit balance with award reversals for items returned or transactions not completed or cancelled. A pattern of placing orders followed by cancellations may result in the termination of your account. Credits are not transferable by the User.
Accrued credits or bonus money does not constitute property of the User. Credit or bonus money accrued by a User is for the User's benefit only and may not be transferred to anyone. Any Credits which Giftmoji deems at its sole discretion to have been used in violation of the Giftmoji Terms and Conditions may be confiscated or cancelled.
Amount of Credits awarded to Users is subject to change at any time without notice and the number of Credits required to redeem a reward are subject to change at any time without notice.
Giftmoji Credits will be subtracted from User's account once an order is placed by the User and captured by the Giftmoji system.
Giftmoji reserves the right to expire unredeemed Giftmoji Credit in accounts that have been canceled or disabled due to 12 consecutive months of inactivity or any other reason in our sole discretion.
User shall comply with all laws, rules, and regulations that are applicable to the User including the Giftmoji Terms. User acknowledges that User may only participate in Giftmoji if and to the extent that such participation is permitted by such laws, rules, and regulations.
Giftmoji reserves the right to interpret and apply the policies and procedures communicated in these terms and conditions. All determinations by Giftmoji shall be final and conclusive in each case.
User expressly agrees that use of Giftmoji is at User's sole risk. All Gift Cards are subject to the terms and conditions of the specific retailer Giftmoji and all services offered therein are provided on a strictly "as is" and "as available" basis. Giftmoji is not responsible for damages or losses that result from participating or inability to participate in Giftmoji.
The Site 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.
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 Giftmoji 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 Giftmoji, the Giftmoji logo, and the other names, logos, icons and marks identifying Giftmoji 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 Giftmoji. You may not post, distribute, reproduce, or sell in any way, any Giftmoji IP without legal authorization. You shall indemnify the Indemnified Parties against all Losses related to your unauthorized use of any Giftmoji 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.
USE OF THE GIFTMOJI 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. GIFTMOJI 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 GIFTMOJI 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 GIFTMOJI 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.
IN NO EVENT SHALL GIFTMOJI 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 GIFTMOJI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, GIFTMOJI 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 GIFTMOJI 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.
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.
By using the Giftmoji 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 Giftmoji significant and irreparable injury and damage. Accordingly, you acknowledge that Giftmoji 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.
The Terms and this User Agreement are governed in all respects by the laws of the New York, 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 state and federal courts in New York, 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 Giftmoji 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.
Any notice required or given to you under the Terms may be delivered by electronic mail at the e-mail address you provide during registration on the Site. 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 support@gftmoji.co. For prompt service, please include the email associated with your account and the specific problem.