Terms of Usage

Effective Date: March 13, 2008

Welcome to the Giphter.com web site (the "Web Site"). The following Terms of Service ("TOS") contain the terms and conditions that govern your use of the Web Site and the Giphter.com Service (as defined below). These TOS describe your rights and responsibilities and what you can expect from the Giphter.com Service. Your use of the Web Site constitutes acceptance of these TOS. Please read this document carefully before accessing or using the Web Site.

Giphter.com reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the Web Site. You are therefore responsible for regularly reviewing these TOS. In the event of substantive changes to this TOS, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the Web Site and the Giphter.com Service. Your continued use of the Web Site following posting of a change notice or new TOS on the Giphter.com Web Site will constitute binding acceptance of the changes.

  1. The Giphter.com Service. Giphter.com provides a new and innovative way to purchase gift certificates online (the “Service”). Customers quickly and easily order, manage, and send gift certificates to friends, family members, co-workers, or anyone else with an e-mail address. Everything is done online, and gift certificates can be printed and used immediately
  2. Use of the Web Site and Giphter.com Service.
    1. Compliance with TOS and applicable law. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the Giphter.com Service and the Web Site.
    2. Your License to Use the Web Site and the Giphter.com Service.
      1. Giphter.com solely and exclusively owns all intellectual property and other rights, title and interest in and to the Giphter.com Service and Web Site, except as expressly provided for in these TOS. For example and without limitation, Giphter.com owns the copyrights in and to the Web Site, and certain technology used in providing the Giphter.com Service. You will not acquire any right, title or interest therein under these TOS or otherwise.
      2. Giphter.com grants you a limited revocable license to access and use the Web Site and the Giphter.com Service for its intended purposes, subject to your compliance with these TOS. This license does not include the right to collect or use information contained on the Web Site for purposes prohibited by Giphter.com; to compete with Giphter.com; create derivative works based on the content of the Web Site; or download or copy the Web Site (other than page caching). If you use the Web Site in a manner that exceeds the scope of this license or breach this TOS, Giphter.com may revoke the license granted to you.
  3. Privacy/Communication.
    1. Privacy Policy. By entering into these TOS, you agree to Giphter.com's collection, use and disclosure of your personal information in accordance with the Giphter.com Privacy Policy available for viewing at ww.Giphter.com/privacy.
    2. Electronic Communications. When you visit the Website or send e-mail to us, you are communicating with us electronically, and are thereby consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by telephone or by facsimile. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
  4. Purchases.
    1. Use of Credit Card. If you wish to purchase products or services described in this Web Site, you may be asked to supply certain information, including credit card or other payment information. By providing such information, you represent and warrant that it is accurate, complete, and current. By making any such purchase, you agree to pay all charges (including shipping and handling charges) incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You are responsible for paying any taxes applicable to such purchase.
    2. Right of Refusal. Giphter.com reserves the right to refuse any order for any reason. Orders may be delayed or canceled if Giphter.com is not given completely accurate information and/or is unable to contact the person who has placed the order and/or is the primary cardholder for the order.
  5. Disclaimers and Exclusions.
    1. DISCLAIMER OF WARRANTIES. GIPHTER.COM PROVIDES THE WEB SITE AND SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. GIPHTER.COM DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE, GIPHTER.COM SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE, OR (V) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE. GIPHTER.COM MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
    2. EXCLUSION OF DAMAGES. GIPHTER.COM WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE GIPHTER.COM SERVICE AND/OR THE WEBSITE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  6. Limitation of Liability.
    1. LIMITATION OF LIABILITY. IN NO EVENT WILL THE LIABILITY OF GIPHTER.COM IN CONNECTION WITH THESE TOS OR THE SERVICE EXCEED THE AMOUNT PAID BY YOU TO GIPHTER.COM DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
  7. Indemnification. You agree to defend, indemnify and hold harmless Giphter.com LLC, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Web Site and/or the Service.
  8. Termination. Termination. Giphter.com may suspend or terminate your use of the Web Site or Giphter.com Service if it believes, in its sole and absolute discretion, that you have breached a term of these TOS.
  9. Notice. All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) government mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to Giphter.com, you must use the address located in the “Contact Us” portion of the Web Site, or Customerservice@Giphter.com. If Giphter.com provides notice to you, Giphter.com will use the contact information provided by you to Giphter.com. All notices will be deemed received as follows: (i) if by delivery by government mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
  10. Dispute Resolution. These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the state of Kansas without reference to conflict of law principles, and in the event of a dispute the parties agree to the exclusive jurisdiction of the courts located in Kansas City, Kansas. By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these TOS or your use of any part of the Giphter.com Service must be asserted individually. Notwithstanding anything to the contrary in this Section 10, Giphter.com may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.
  11. Terms of Sale. You agree and acknowledge that Giphter.com provides a service allowing you to buy a gift certificate for use at selected merchant(s). Once the gift certificate is purchased through the Web Site, the transaction between you and Giphter.com is complete. Giphter.com is not liable in any way for any services or goods you receive from the merchant, if at all, including without limitation, for any defective goods or services, the failure of the merchant to honor the gift certificate, or the bankruptcy or other liquidation of the merchant. By placing an order, you make an offer to us to purchase the gift certificates you have selected on these terms and conditions.
    • Use of gift certificates for alcoholic beverages is at the sole discretion of the merchant. Merchant agrees to comply with all state laws pertaining to the same.
    • Gift certificates cannot be combined with any other restaurant certificates, third party certificates, coupons, or promotions.
    • No cash value for gift certificates.
    • Residual value, if any, of any gift certificate following use will be exchanged by the merchant for a new gift certificate or cash, at the merchant’s sole discretion.
    • The issuing of restaurant credit is at the sole discretion of the merchant unless otherwise required by law.
    • Neither the seller nor the merchant is responsible for lost or stolen certificates or restaurant certificates reference numbers.
    • Reproduction, sale or trade of gift certificates is prohibited unless done so in compliance with the law.
    • Any attempted redemption not consistent with these terms & conditions will render the restaurant certificate void.
    • Void to the extent prohibited by law
  12. Miscellaneous. These TOS will not be assignable or transferable by you without the prior written consent of Giphter.com. These TOS (including all of the policies and other Agreements described in this TOS, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.