Terms and Conditions

Last updated: February 2, 2016

Welcome to www.giftcardbin.com (the "giftcardbin.com site"). Giftcardbin, Inc., a corporation, and/or its affiliates ("Giftcardbin") provide website features and other products and services to you when you visit or shop at the giftcardbin.com site, use giftcardbin.com products or services, use Giftcardbin applications for mobile, or use software provided by Giftcardbin in connection with any of the foregoing (collectively, "Giftcardbin Services"). Giftcardbin provides the Giftcardbin Services subject to the following conditions.

By using Giftcardbin Services, you agree to these conditions. Please read them carefully.

We offer a wide range of Giftcardbin Services, and sometimes additional terms may apply. When you use an Giftcardbin Service, you also will be subject to the guidelines, terms and agreements applicable to that Giftcardbin Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

Privacy

Please review our Privacy Notice, which also governs your use of the Giftcardbin Services, to understand our practices. We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

Electronic Communications

When you use any Giftcardbin Services or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Giftcardbin site or through the other Giftcardbin Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included in or made available through any Giftcardbin Service--such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software--is the property of Giftcardbin or its content suppliers, and is protected by U.S. and international copyright laws. The compilation of all content included in or made available through any Giftcardbin Service is the exclusive property of Giftcardbin and protected by U.S. and international copyright laws.

Trademarks

Trademarks, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Giftcardbin Service are trademarks or trade dress of Giftcardbin, Inc., or its affiliates, in the United States and other countries. Giftcardbin, Inc.'s trademarks and trade dress may not be used in connection with any product or service that is not Giftcardbin, Inc.'s or its affiliates', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Giftcardbin, Inc. or its affiliates. All other trademarks not owned by Giftcardbin, Inc. or its affiliates that appear in any Giftcardbin Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Giftcardbin.com or its affiliates.

Patents

One or more patents owned by Giftcardbin apply to the Giftcardbin Services and to the features and services accessible via the Giftcardbin Services. Portions of the Giftcardbin Services operate under license of one or more patents.

License and Access

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Giftcardbin or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of the Giftcardbin Services. This license does not include any resale or commercial use of any Giftcardbin Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Giftcardbin Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Giftcardbin or its licensors, suppliers, publishers, rights holders, or other content providers. No Giftcardbin Service, nor any part of any Giftcardbin Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Giftcardbin. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Giftcardbin without express written consent. You may not use any meta tags or any other "hidden text" utilizing Giftcardbin's name or trademarks without the express written consent of Giftcardbin. You may not misuse the Giftcardbin Services. You may use the Giftcardbin Services only as permitted by law. The licenses granted by Giftcardbin terminate if you do not comply with these Conditions of Use or any Service Terms.

Your Account

If you use any Giftcardbin Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Giftcardbin does sell products for children, but it sells them to adults who can purchase products with a credit card or other permitted payment method. If you are under18,  you may use the Giftcardbin Services only with involvement of a parent or guardian. Giftcardbin reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

 

In order to keep Giftcardbin membership roster current, if a Member does not access his or her account for a period of ninety days or more, Giftcardbin may, in its sole discretion, terminate such Member's account. Giftcardbin will endeavor to notify a Member of Giftcardbin’s intent to terminate such Member's account by notice to such Member's provided email address at least ten days prior to deactivation. If the Member fails to respond to such email notice with ten days after the day it is sent by Giftcardbin, such Member's account will be terminated as noted above. Therefore, Giftcardbin strongly recommends that all Members keep their accounts and contact data current and in use. While Giftcardbin desires to prevent active accounts from being terminated prematurely, Giftcardbin has no obligation to maintain accounts that appear to Giftcardbin to have been abandoned. Each Member agrees that failure to access his or her account for ninety days or more conclusively indicates that such Member's account has been abandoned and that the account may therefore be terminated.

Giftcardbin reserves the right to contact a Member via email to verify the accuracy of account information (including the Member's correct name and address) that is needed to provide the Member with the information he or she requested from Giftcardbin.

Reviews, Comments, Communications, and Other Content

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Giftcardbin reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Giftcardbin a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media. You grant Giftcardbin and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Giftcardbin for all claims resulting from content you supply. Giftcardbin has the right but not the obligation to monitor and edit or remove any activity or content. Giftcardbin takes no responsibility and assumes no liability for any content posted by you or any third party.

Copyright Complaints

Giftcardbin respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at our address listed below or through our Contact Us link on giftcardbin.com

Risk of Loss

All items purchased from Giftcardbin are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Returns, Refunds and Title

Giftcardbin does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Giftcardbin does not take title to the refunded item. Due to the nature of our online site, and the products listed, we “Giftcardbin” have a strict NO RETURN policy for any product unless approved in writing by a Giftcardbin representative. No product shall be able to be returned for a like item, or for a cash refund. Additionally, orders cannot be canceled once the order has been placed.

Gift cards purchased are previously owned and not new gift cards. In most cases, the gift card you will receive will have the PIN scratched off. Gift cards pictured are for example purposes only. The actual design of the gift card you receive may vary from what is pictured on our site. If a gift card is not as described, Giftcardbin will either replace the card or refund the purchase. If there is a balance discrepancy, the customer is required to immediately contact Giftcardbin Customer Service and Giftcardbin will investigate the matter. If a customer contacts Giftcardbin within 100 days of receipt of a gift card (as determined by Giftcardbin) and Giftcardbin investigation concludes that the balance discrepancy was not a result of the customer or related party’s own use of the card, Giftcardbin will either replace the card or refund the purchase.

Shipping

Giftcardbin will be responsible to ship out the order as per the method selected by the customer at the time the order was placed. Giftcardbin generally will ship out the order within two business days from the time the order was placed. However, Giftcardbin reserves the right to ship out the order up to seven business days. Giftcardbin may provide the customer a tracking number as proof that the order has been shipped out. No further proof is required. Once the tracking number provided by Giftcardbin indicates that it is in route with the carrier, Giftcardbin shall bear no responsibility. Once the tracking information declares the package to be delivered, Giftcardbin shall be absolved from all claims of non receipt.

GiftCardBin may require additional verification of your identity for any digital delivery orders placed through a number of methods, including, but not limited to confirming personal and public records information. If you are unable to verify your identity, GiftCardbin reserves the right to cancel your order and refund you within 3 to 5 business days to your original form of payment. Giftcardbin reserves the right to refuse any order placed. Additionally, if there was a mistake in the price of an order or coupon applied, Giftcardbin reserves the right to notify the customer to pay the difference or cancel the order. Giftcardbin reserves the right to cancel the order at anytime.

Product Descriptions

Giftcardbin attempts to be as accurate as possible. However, Giftcardbin does not warrant that product descriptions or other content of any Giftcardbin Service is accurate, complete, reliable, current, or error-free. Gift cards pictured are for example purposes only. The actual design of the gift card you receive may vary from what is pictured on our site. If a product offered by Giftcardbin itself is not as described, your sole remedy is to return it in unused condition.

Pricing

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

Giftcardbin Software Terms

In addition to these Conditions of Use, the terms found at the bottom of this page apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Giftcardbin Services (the "Giftcardbin Software").

Payments

You represent and warrant that if you are purchasing something from Giftcardbin that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.

Billing and Shipping Errors. Giftcardbin reserves the right to cancel an order partially or completely for items that are out of stock or for items that were omitted by our shipping department. If an item was omitted Giftcardbin will consider re-shipping the missing item at no cost to the buyer. Re-shipping the item is at Giftcardbin’s sole discretion. If Giftcardbin does not ship the omitted item, it will refund the buyer for that portion of the order within three business days. If Giftcardbin’s shipping department shipped additional cards or a card of greater value, the buyer accepts responsibility to notify Giftcardbin of this error within seven business days. Giftcardbin will provide a free shipping label for the buyer to return the card. If the card is not returned, Giftcardbin reserves the right to charge/bill the buyer for the remaining balance.

Other Businesses

Parties other than Giftcardbin operate stores, provide services, or sell product lines through the Giftcardbin Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Giftcardbin does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

 

We allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

Disclaimer of Warranties and Limitation of Liability

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

THE GIFTCARDBIN SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GIFTCARDBIN SERVICES ARE PROVIDED BY GIFTCARDBIN ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GIFTCARDBIN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE GIFTCARDBIN SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GIFTCARDBIN SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE GIFTCARDBIN SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GIFTCARDBIN DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. GIFTCARDBIN DOES NOT WARRANT THAT THE GIFTCARDBIN SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GIFTCARDBIN SERVICES; ITS SERVERS, ELECTRONIC COMMUNICATIONS, OR E-MAIL SENT FROM GIFTCARDBIN SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GIFTCARDBIN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY GIFTCARDBIN SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY GIFTCARDBIN SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.

Applicable Law and Disputes

Any dispute or claim relating in any way to your use of any Giftcardbin Service, or to any products or services sold or distributed by Giftcardbin or through Giftcardbin Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our address listed below. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Giftcardbin will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

By using any Giftcardbin Service, you agree that the U.S. Federal Arbitration Act, applicable U.S. federal law, and the laws of the state of California, United States, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Giftcardbin. This site is created and controlled by Giftcardbin, in the State of California, USA. As such, the laws of California will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.  Outside of arbitration, YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF SACRAMENTO COUNTY, CA OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CALIFORNIA. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT “SACRAMENTO, CA OR THE DISTRICT OF CALIFORNIA IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE.”

Indemnification

You agree to indemnify, defend and hold Giftcardbin, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

Site Policies, Modification, and Severability

Please review our other policies, such as our Privacy policy, and our Guarantee & Returns, posted on the Giftcardbin site. These policies also govern your use of Giftcardbin Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Our Address

Giftcardbin, Inc.
P.O. Box 980816
West Sacramento, CA 95798

Additional Giftcardbin Software Terms

1.     Use of the Giftcardbin Software. You may use Giftcardbin Software solely for purposes of enabling you to use and enjoy the Giftcardbin Services as provided by Giftcardbin, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Giftcardbin Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Giftcardbin Software or otherwise assign any rights to the Giftcardbin Software in whole or in part. You may not use the Giftcardbin Software for any illegal purpose. We may cease providing any Giftcardbin Software and we may terminate your right to use any Giftcardbin Software at any time. Your rights to use the Giftcardbin Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third-party terms contained within or distributed with certain Giftcardbin Software that are specifically identified in related documentation may apply to that Giftcardbin Software (or software incorporated with the Giftcardbin Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Giftcardbin Service is the property of Giftcardbin or its software suppliers and protected by Canadian and international copyright laws.

2.     Use of Third Party Services. When you use the Giftcardbin Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

3.     No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Giftcardbin Software, whether in whole or in part, or create any derivative works from or of the Giftcardbin Software.

4.     Updates. In order to keep the Giftcardbin Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

5.     Export Regulations. You must comply with all export and re-export restrictions and regulations of the U.S. Department of Commerce, Foreign Affairs and International Trade Canada, and other U.S. and Canadian agencies and authorities that may apply to the Giftcardbin Software.

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