Terms & Conditions
Last Updated: November 1, 2024
Agreement to Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between you and GiftFazel LLC ("GiftFazel," "we," "us," or "our") regarding your access to and use of the giftfazel.org website and our digital gift card services.
By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our services.
Eligibility
You must be at least 18 years of age to use our services. By using our services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.
If you are accessing or using our services on behalf of a business or entity, you represent that you have the authority to bind that business or entity to these Terms.
Service Description
GiftFazel provides a platform for purchasing and distributing digital gift cards and electronic vouchers. Our services include:
- Facilitating the purchase of digital gift cards
- Electronic delivery of gift cards via email
- Customer support related to purchases and delivery
- Information about gift card redemption (specific redemption processes are determined by gift card issuers)
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.
Account Registration
Certain features of our services may require you to create an account. When creating an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and update your information to keep it accurate and current
- Maintain the security and confidentiality of your account credentials
- Notify us immediately of any unauthorized access or security breach
- Accept responsibility for all activities that occur under your account
We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive, or illegal activity.
Purchases and Payment
Purchase Process
When you make a purchase through our services, you agree to provide accurate payment information and authorize us to charge the specified amount to your designated payment method. All purchases are subject to acceptance and availability.
Pricing
All prices are displayed in U.S. Dollars unless otherwise specified. We reserve the right to change prices at any time. Price changes will not affect orders that have already been accepted.
Payment Methods
We accept major credit and debit cards as payment methods. Payment processing is handled securely through third-party payment processors. We do not store complete credit card information on our servers.
Transaction Fees
The total purchase price, including any applicable taxes or fees, will be clearly displayed before you complete your transaction. There are no hidden charges.
Delivery of Digital Gift Cards
Digital gift cards are delivered electronically via email to the address provided during purchase. Delivery typically occurs within minutes but may take up to 24 hours in some cases.
You are responsible for ensuring that the email address provided is accurate and accessible. We are not responsible for delivery failures resulting from incorrect email addresses, spam filters, or email system issues beyond our control.
Once delivered, digital gift cards are deemed received. You should save or print gift card information immediately upon receipt.
Refunds and Returns
General Policy
Due to the digital nature of our products and immediate delivery, all sales are generally final. Digital gift cards cannot be returned or refunded once the code has been delivered and revealed.
Exceptions
We may provide refunds in the following circumstances:
- Technical errors that prevent delivery of the purchased gift card
- Duplicate charges due to system malfunction
- Unauthorized transactions reported within 30 days
- Gift cards that are defective or invalid through no fault of the purchaser
To request a refund under these circumstances, contact our customer service team at [email protected] with your order details and explanation. Refund requests are evaluated on a case-by-case basis.
Refund Processing
Approved refunds will be processed to the original payment method within 7-10 business days. The timing of when the refund appears in your account depends on your financial institution.
Gift Card Redemption and Use
The terms governing gift card redemption, expiration, balance inquiries, and usage are determined by the gift card issuer and are provided with each gift card. GiftFazel facilitates the purchase and delivery but does not control redemption processes or policies.
Questions about gift card redemption should be directed to the resources provided with your specific gift card. Our customer service team can provide general guidance but cannot modify gift card terms set by issuers.
User Responsibilities
When using our services, you agree to:
- Use the services only for lawful purposes
- Not attempt to gain unauthorized access to our systems or user accounts
- Not transmit viruses, malware, or other harmful code
- Not engage in fraudulent activities or misrepresent your identity
- Not use automated systems or bots to access our services
- Protect gift card codes from unauthorized use
- Not resell gift cards obtained through our services without authorization
- Comply with all applicable local, state, national, and international laws
Intellectual Property Rights
All content on our website, including text, graphics, logos, images, software, and other materials, is owned by or licensed to GiftFazel and is protected by copyright, trademark, and other intellectual property laws.
You may access and use our website for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works, publicly display, or exploit any content without our express written permission.
The GiftFazel name and logo are trademarks of GiftFazel LLC. You may not use these marks without our prior written consent.
Limitation of Liability
To the fullest extent permitted by law, GiftFazel and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
- Your access to or use of (or inability to access or use) our services
- Any conduct or content of any third party on our services
- Any content obtained from our services
- Unauthorized access, use, or alteration of your transmissions or content
In no event shall our total liability to you for all claims related to our services exceed the amount you paid us in the twelve months prior to the action giving rise to liability, or one hundred dollars ($100), whichever is greater.
Disclaimer of Warranties
Our services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.
We do not warrant that our services will be uninterrupted, secure, or error-free, or that any defects will be corrected. We do not warrant or make any representations regarding the accuracy, reliability, or completeness of content available through our services.
Indemnification
You agree to indemnify, defend, and hold harmless GiftFazel and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
- Your violation of these Terms
- Your violation of any rights of another party
- Your use of our services
- Your breach of any representation or warranty contained in these Terms
Dispute Resolution
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
Arbitration
Any dispute arising out of or relating to these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, rather than in court, except that you may assert claims in small claims court if your claims qualify.
The arbitration will be conducted in Wilmington, Delaware, or another mutually agreeable location. Each party will be responsible for their own arbitration fees and costs.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between you and GiftFazel individually. You waive your right to participate in a class action lawsuit or class-wide arbitration.
Termination
We reserve the right to terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms.
Upon termination, your right to use our services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Changes to Terms
We reserve the right to modify or replace these Terms at any time at our sole discretion. If we make material changes, we will provide notice by posting the updated Terms on our website with a new "Last Updated" date.
Your continued use of our services after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using our services.
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published on our website, constitute the entire agreement between you and GiftFazel regarding your use of our services.
No Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of GiftFazel.
Contact Information
If you have questions about these Terms, please contact us:
GiftFazel LLC
1616 Delaware Ave
Wilmington, DE 19806
United States
Phone: (302) 654-9700
Email: [email protected]