Gift Card – Terms and Conditions
GIFT CARD TERMS AND CONDITIONS
Last Updated: February 18, 2022
IMPORTANT! PLEASE READ THIS DOCUMENT CAREFULLY. THIS DOCUMENT SHALL BECOME LEGALLY BINDING TO YOU UPON MARKING THE “ACCEPT” BOX BELOW. IF YOU DO NOT AGREE WITH ANYTHING IN THIS DOCUMENT, DO NOT MARK THE “ACCEPT” BOX AND IMMEDIATELY STOP USING THE WEBSITE. IF YOU HAVE ANY QUESTIONS ABOUT THIS DOCUMENT, PLEASE CONTACT US IN ACCORDANCE WITH THE INFORMATION PROVIDED IN SECTION 14 OF THESE TERMS BELOW.
THESE POCKYT GIFT CARD TERMS AND CONDITIONS (“Terms”), effective as of today (the “Effective Date”), are by and between Yuansfer, Inc., DBA Pockyt (“Pockyt,” “us”, “we”, or “our”) and purchasers (“Purchaser”, “you”, or “your”) of digital gift cards (“Gift Cards”) that Pockyt makes available for purchase through third-party mobile applications. Gift Cards are provided and honored by participating third-party retailers (“Vendors”). Capitalized terms used in this Agreement have the meanings defined in the body of this Agreement. Your use of our website is governed by our Terms of Service,
Once you have received a written confirmation that your purchase of a Gift Card has been successfully completed, your use of the Gift Card is governed by the Vendor’s terms and conditions, as outlined in Section 2. “Vendor Terms and Liability” below.
Pockyt reserves the right to change, modify, add or remove all or part of these Terms at any time and without prior notice. If we modify these Terms, we will either post a notification of the modification on our website or otherwise provide you with notice of the change. By continuing to access or use our services, you are indicating that you agree to be bound by any modified Terms.
- Gift Cards. Pockyt makes various Gift Cards available for purchase through third party mobile applications. All Gift Cards are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or any part of an order, or to discontinue products without notice, even if you have already placed your order. The total amount that you may load on one Gift Card on any single day cannot exceed $1,000 in value. The total amount that you may load on multiple Gift Cards on any single day cannot exceed $10,000 in value. The price charged to you for purchasing the Gift Card will be made available at the time of purchase.
- Vendor Terms and Liability. Once you have received a written confirmation that your purchase of a Gift Card has been successfully completed, your use of the Gift Card is governed by the Vendor’s terms and conditions. You must use the Gift Card in accordance with the instructions provided by the Vendor. After using the Gift Card to make a purchase in accordance with the Vendor’s terms and conditions, any remaining balance on the Gift Card will remain on the Gift Card, and you will be notified via email. Any future use of the balance on the Gift Card will be governed by the Vendor’s terms and conditions. If you have any questions about the applicable terms and conditions related to use of a specific Gift Card, please contact the corresponding Vendor. Vendors are fully responsible for any and all liabilities, damages and costs suffered by you or any other customer in connection with your purchase and use of the Gift Card. Pockyt has no liability for a Vendor’s failure to honor a Gift Card. Pockyt also has no liability related to the sale or merchantability of any products, goods, or services provided by a Vendor.
- Third Party Content. By using the services and the Gift Card purchase platform, we may provide you with access to third party websites, information, and services, including but not limited to third party database, networks, servers, software, programs, systems, directories, applications, or products. You hereby acknowledge that we do not control such third-party websites and services, and cannot be held responsible for their content, operation, or use. Your use of those services is subject to their respective terms of service. Pockyt does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by such third-party websites and services. Pockyt disclaims any and all responsibility or liability for any harm resulting from your use of such third-party websites and services, and you hereby irrevocably waive any claim against us with respect to the content or operation of any such third-party websites and services.
- Disclaimers. You hereby acknowledge that you are using the services at your own risk. The services and Gift Card purchase platform is provided “As Is”. In addition to the disclaimers, limits on liability and indemnification obligations set forth in the Terms of Service which apply to these Terms and are incorporated herein by this reference, you waive and release Pockyt and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any liabilities, damages and costs arising from or related to (i) your loss of the theft of any Gift Card; and (ii) any act or omission of a Vendor in connection with a Gift Card it provides. Pockyt and its licensees, affiliates, and licensors make no warranties, express or implied, with respect to the Gift Cards, including without limitation any express or implied warranty of merchantability or fitness for a particular purpose.
- Errors; Loss. Pockyt, its affiliates, and its third party service providers do not represent or warrant that access to the services will be uninterrupted or that there will be no failures, errors, or omissions or loss of transmitted information, or that no viruses will be transmitted through the services. In the event of an error, in processing a Gift Card purchase or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged. This may include changing the price to a corrected price. Risk of loss and title for all Gift Cards pass to you when you complete your purchase. It is your sole responsibility to keep the unique codes and identifiers associated with the Gift Card safe. We are not responsible if your Gift Card is lost, stolen, damaged, or destroyed, or if your Gift Card is used without your permission. Pockyt is not responsible for replacing your damaged or lost Gift Card.
- Resale. You shall not resell Gift Cards to a third party.
- Payment. By purchasing a Gift Card, you acknowledge that you are authorized to use the designated payment card or other payment method and you authorize us to charge your purchase order to that payment card or other payment method. In the event that your designated method of payment cannot be verified, is invalid, or is otherwise unacceptable, we reserve the right to suspend or cancel your order. You are responsible for any charges related to a failed payment attempt.
- Taxes. You are responsible for paying any applicable taxes related to your Gift Card purchase.
- No Returns. All sales of Gift Cards are final. Once a Gift Card has been purchased, it is non-refundable and non-returnable. However, if an error occurs during the process of purchasing Gift Card that results in a failure to complete the Gift Card purchase, we may, in our sole discretion, return the entire purchase price back to your original purchase method.
- Purchase Timeout. Timeout limits for completing transactions are set by third party website providers. If the process of completing the purchase of a Gift Card exceeds the timeout limit set by the relevant third party provider, we reserve the right to cancel the transaction and return the entire purchase price back to your original purchase method.
- Severability. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
- No Waiver. Enforcement of the Terms is solely in our discretion and our failure to enforce a provision in some instances does not constitute a waiver of our right to enforce such provision in other instances.
- Contact Us. If you have any questions or concerns regarding these Terms, please contact us at [email protected] or by mail to: 26 Liberty Street, Flr. 6, New York, NY 10005.