Use of Site

You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.

Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser for internal/ personal use only, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Except as permitted in the paragraph above or as expressly permitted by us in writing, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it, make any commercial use of any of the information provided on the Site, or make any use of the Site for the benefit of another person or business. We reserve the right to refuse service, terminate accounts, and/or cancel orders, at our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests.

You agree not upload to, distribute, or otherwise publish through this Site any Content (as defined below), information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary or personal rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under applicable law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

Content provided on this Site is solely for informational purposes. Submissions (as defined below) or opinions expressed on this Site or the Platform are that of the individual expressing such Submission or opinion and may not reflect our opinions. Product representations expressed are those of the vendor and are not made by us or otherwise endorsed or approved by us.

We may assign you a password and account identification to enable you to access and use certain portions of the Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of the security of the Site or the Platform.

When you use the Site or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail, messaging, or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing. You agree to notify us promptly of any changes to your email address or other contact information.

Intellectual Property

All text, graphics, button icons, images, audio clips, and software (collectively, "Content"), belongs exclusively to Giftpack Inc., or its affiliates. The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to Giftpack Inc. or its affiliates. All software used on this Site (the "Software") is the property of Giftpack Inc., its affiliates or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. “Giftpack.io” (and design), other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Giftpack Inc., its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion in any marketplace. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our copyrighted materials, trademarks, or service marks in meta tags without prior explicit consent. You grant to us, as applicable, a license to include your trademark(s), logo(s), and other branding to the extent that you have requested the same be included in the Platform or otherwise with communications sent to recipients.

Risk of Loss

The risk of loss and title for items purchased through your use of the Site pass to the gift recipient (the “Recipient”) upon the vendor’s delivery of the item to the carrier, unless the vendor’s terms of sale provide otherwise. If the gift is lost or destroyed prior to delivery, we will reasonably assist the Recipient in obtaining the repair or replacement of the item utilizing our commercial relationship with the vendor; however, we are not responsible to you or the Recipient for any costs associated with such repair or replacement.

Receipient Information

With respect to personal information, you shall only provide information on the Site that you have the right to provide to us. As such, you are solely responsible for the collection of the information or data that identifies the Recipient, including obtaining the requisite consent from Recipient if required under the applicable data privacy laws. You warrant that you have collected such information for a legitimate, lawful purpose. Further, you indemnify Giftpack from any claims related to improper collection of Recipient data, improper use of Recipient data, or any other noncompliance with or violation of any applicable data or privacy law that applies to the person or entity collecting such data.

In the event of a data breach, we will promptly inform you of such breach, and you shall be solely responsible for notifying the Recipient and complying with any other requirement under any applicable data privacy law.

Subscriptions

You may elect to participate in our subscription program which allows you to open and fund your own account for future gift purchases. Should you choose this option, the following additional terms and conditions apply:

You will receive a designated account the status of which you may examine any time online by accessing the Giftpack website and logging in your account name and password.

You will be required to select the duration of your subscription, which may be either a One Time Subscription or a Monthly Subscription for a designated period of months. Your account will remain open for the duration of your Subscription unless you elect to terminate your Monthly Subscription at the conclusion of a month by indicating this election on your dashboard. Monthly Subscriptions are to be funded by you each month in an amount you select. Alternatively, you may elect to fund the full amount of your Monthly Subscription in one payment. One Time Subscriptions must be funded in a single payment before your account can be opened.

You will be required to fund your account with a minimum of $500 for future gift purchases.

Funding of your subscription account can be accomplished by use of a credit card or by invoice. For invoice purchases, Giftpack Credits (as defined below) will only be recognized once the invoice has been paid and funds are finally credited to us.

Deposits to your account will be designated “Giftpack Credits” that may be applied at your discretion for gifting. One (1) Giftpack Credit is equal to one (1) US Dollar.

Giftpack Credits are not refundable and can only be used for gifting transactions through Giftpack. You may elect not to use your Giftpack Credits and complete any transaction using other authorized means of payment.

For One Time Subscriptions: Giftpack Credits expire if not used within ninety (90) days from date of your funding deposit. Any unused Giftpack Credits will be forfeited at the conclusion of the ninety-day period. However, if you deposit at least $500 to your account at any time during the ninety-day period before your Giftpack Credits expire, the total balance of your Giftpack Credits (new deposits and unused prior Giftpack Credits) will be available to you for the further ninety (90) days from the date of the new deposit. If you fail to use any of your Giftpack Credits during that further ninety-day period, those unused Giftpack Credits will expire at the end of the ninety-day period. You should regularly check your account status to determine whether any Giftpack Credits are about to expire.

For Monthly Subscriptions: Giftpack Credits expire if not used by the end of your designated Monthly Subscription period. Any unused Giftpack Credits will be forfeited at the conclusion of your designated subscription period. However, if you deposit at least $500 to your account at any time during the ten-day period before your subscription expires, the total balance of your Giftpack Credits (new deposit and unused prior Giftpack Credits) will be available to you for a further thirty (30) days from the date of the new deposit (the “Saving Credit”). If you fail to use any of your Giftpack Credits during that further thirty-day period, those unused Giftpack Credits will expire at the end of the thirty-day period. You should regularly check your account status to determine whether any Giftpack Credits are about to expire.

Should you elect to make monthly payments under your subscription and you fail to make a timely monthly payment, your account and subscription will be closed and all Giftpack Credits then remaining in your account will be forfeited. The Saving Credit of “8” above shall not apply to non-payment situations.

You may be awarded additional Giftpack Credits for participating in Giftpack promotional campaigns. These campaigns may include a subscription participation award, purchase-related bonuses, volume purchase bonuses, or other campaigns or events as determined from time to time by us at our discretion. Such awards will be credited to your account and may be used at any time your account remains open.

Other Processing Terms

You are responsible for providing accurate contact and other information about your intended Recipient through the Site, which enables us to identify suggested gifts for the Recipient. It is your sole responsibility to ensure that you have obtained all necessary consents and permission to provide to us the personal information of a Recipient. In addition, you are responsible for any costs, expenses, or losses incurred as a result of providing inaccurate Recipient information.

We will provide you with a list of suggested gifts from which you may select, or request that we provide additional suggestions. The choice of gift is at your sole discretion. We will then contact the Recipient and allow them to (1) accept the gift you have selected for them; (2) select an alternative gift of like cost; or (3) elect to forego the gift and allocate the purchase price to a tax-qualified charity of their choice. We will provide the Recipient with a list of suggested charitable organizations.

Prices listed for gifts featured on the Site include shipping, taxes, and all other fees. You will only be charged for the amount listed at the time of selection. No charges will be incurred by the Recipient for accepting their gift. Once you have made a gift selection, we will process the transaction by requesting funds from your credit or debit card holder. If the vendor changes its price for the gift before we are able to process the charge or if the gift becomes unavailable, we will notify you prior to sending the gift. In this instance, you agree that your options are to (a) pay the additional cost, or (b) select another gift at the list price.

Processing of Donations

As soon as the intent to make a charitable donation is confirmed to us through the Site, and we have received cleared funds from you, we will make sure that they are allocated to the selected charity or charities on our system. We can only accept responsibility for a donation payment reaching the charity or charities once we have received the funds from your credit or debit card provider account. It is your credit or debit card provider’s responsibility to make sure that the funds reach us. If we are unable to make payment due to lack of funds or we feel that it is not appropriate to pass on a donation to the selected charity (for example, if the charity is de-registered, or has a sanction listed against it) then we will notify the Recipient to select a different charity. If we are unable to contact the Recipient then Giftpack, Inc., at its discretion, will select an appropriate, alternative charity to pass the donation or payment to. Should you require written confirmation from the charity of the donation for tax or other purposes, it is your responsibility to obtain such confirmation directly from the charity.

Chargebacks, Cancellations or Unauthorized Card Use

Once the cost of a gift has been charged to your credit or debit card, if the card is cancelled or suspended, or if a chargeback or other charge cancellation is initiated before the charge is completed, you agree that you remain responsible for payment as well as reimbursing us for any charges we incur as a result. It is your responsibility to monitor your account for any unauthorized use.

If you become aware of fraudulent use of your credit or debit card, or if it is lost or stolen, you must notify your card provider as soon as possible and we recommend you also update your account with an alternative form of payment.

Refunds

We do not offer refunds once a gift is purchased or a charitable donation is made. All product refunds must be handled by the merchant from whom the purchase was made. We are happy to provide any information we have available that may be required to make this claim.

Termination and Effect of Termination

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

International Access

This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with the applicable laws and regulations of the jurisdiction.

Disclaimer and Limitation of Liability

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN OR IN ANY TERMS OF SALE THAT GOVERN THE SALE OF A PRODUCT (AS APPLICABLE), THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE GOODS OFFERED ON THE SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.

Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

Links

The Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.

Remedies

You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.

No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.

No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

Applicable Law

By using the Site, you agree that the laws of the state of Massachusetts, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us.

Severability

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.