Welcome to Giftapart!
Giftapart is proud of our Terms of Service ("TOS") because we view ourselves as the most private social media platform in the world. But that doesn’t mean that some of your personal data and media may not be at risk of exposure to others whom you may not want to see. So feel free to take the time to understand these TOS.
Be assured, Giftapart does not sell your personal data to retailers, third-party companies, or anyone else. Period. There aren’t many social media companies that can say that!
Data and Privacy
We are a social media platform. We also want to give you an awesome personalized shopping experience. In order to accomplish these objectives, we must collect and use some of your personal data.
(a) Social Media Platform
In order to provide you a social media platform so that you can enjoy being social with your friends, we need to collect certain data and content. Everything you upload to our platform is saved on storage devices. We need to keep track of your friends and your networks. Depending on your privacy settings, others may have easy access to this information and media. Your privacy settings are controllable in your settings. We encourage you to review settings on a regular basis, and make sure that you’re comfortable with what information you’re actively sharing with others. You should note and be aware that any media you upload to our storage devices may be accessible by others. Media is not encrypted nor stored in systems that require password authentication. What this means is that if someone knows or gains access to a direct link to a media file, they may gain access to it. We don’t make this information public nor easily accessible, but we want you to know that we can’t guarantee that someone may not be able to find it, see it, and download it. Social media is inherently social by nature, so Giftapart recommends that you keep in perspective that you are sharing things on the open internet, so please use your proper judgment in the content you share and upload to Giftapart (or any other social media platform). By using Giftapart, you acknowledge that you understand these risks and will not hold Giftapart responsible if someone gains access to your data, including but not limited to social media text, photos, videos, events, and any other digital data, on Giftapart. But don’t worry - Giftapart does not and will not sell any of this data to anyone or any company or any retailer or any advertiser or anyone else. Ever. And that’s really cool.
(b) Shopping Platform
Giftapart strives to give you a really great and interesting shopping experience. Therefore, we need to learn about you so that your shopping experience is customized to your personality and likes. We think in return, you’re going to love browsing for things on Giftapart. To satisfy this goal, we have to collect and store some personal information about you, such as: products you’ve browsed, products you’ve purchased, products you’ve liked, products you’ve disliked, products you’ve commented on, the nature of your comments, products you’ve gifted, products you’ve placed on your gift and wish lists, and products we think you may like; we may also keep track of your favorite retailers, and groups that you’ve joined. All this information is simply used with our artificial intelligence analyzer tools to give you that awesome shopping experience, and so that you see what we hope you want to see when you want to browse for products on Giftapart. But don’t worry - Giftapart does not and will not sell any of this data to anyone or any company or any retailer or any advertiser or anyone else. Ever. And that’s really cool (again).
(c) We want to keep getting better
Giftapart aims to keep improving so that you have the best possible experience on our platform. So may gather information about how you use our platform, what content you view, what features you use, and how you use and engage with Giftapart. This may include the times and frequency of the activity. But, Giftapart does not and will not sell any of this information to anyone. No one values your privacy more than us.
Retailer partners on our platform do not generally have access to your personal information. There is some information that isn’t personal that we share with them, again to help make the experience the best it can be. Retailers know how many users have liked or disliked their products, what products are trending, and other statistical data about products and users as a whole. This data does not include anything specific about you, but as a collective of all users. If your privacy settings allow, retailers may gain some limited information about you to help you get the most out of the Giftapart experience. This includes the following: (a) If you follow a specific retailer, the retailer will be able to send you notifications and calendar updates; (b) If you have retailer’s product(s) on your wish or gift lists, retailer may be able to communicate with you (for example, to send you a special promotion); and (c) the retailer may be able to view your profile and its information in a similar way as do your Giftapart friends.
Although advertisers may, from time to time, display advertisements and/or sponsored content, advertisers will not be given or sold your personal information. Instead, advertisers and/or sponsors may request to target a certain demographic or group of people, and Giftapart will exclusively use its data and analytics to provide the content to the users that may most benefit to see or engage such content.
Deleting my profile and information
You are entitled to cancel your account on Giftapart at any time. You may cancel your profile and login ("cancel"), or you may cancel your profile, login and delete your profile ("permanent delete"). If you cancel your account, you may be able to reactivate your account, user data, and media within six months; during the cancelation period, your profile information will not be available to be seen by other people. If you do a permanent delete of your account, Giftapart will permanently delete, where possible, all your social media data immediately; Giftapart will also permanently delete your digital media where possible and when possible. In order to provide our users with as quick as possible user interface experience, some of the data is stored in write-only storage. This may cause some delay in fully deleting your digital media since it can only be deleted when Giftapart periodically reorganizes its data structure and storage locations for efficiency purposes. During this time period, although your account is deleted and so is the related social media data, it may be possible for someone to gain access to your digital media. Also be aware, whether you cancel or permanent delete your profile, other users may still have digital media with your impression or image, and your cancelation or permanent deletion will not and cannot delete digital media on other users accounts.
A community of good will and friendship
Giftapart is a community of good will and friendship. We do not allow discrimination, hate speech, derogatory comments at another individual, illegal activity, or speech that may incite violence. You may not use Giftapart to aid in or do something that is fraudulent, misleading or unlawful. You may not access or collect, or attempt to access or collect, data from Giftapart from other friends’, groups’ or retailers’ social feeds, or product data, or any other information stored on Giftapart’s servers and storage without the expressed written permission of Giftapart.
You are entitled to create one Giftapart account for yourself and multiple group accounts. Your account needs to be about yourself, and portray accurate information about you and your life. Giftapart does not allow anyone to create a fictitious account to pretend they are somebody else. Also, because kids are kids and parent are parents, we require that if you are under 13 years old, your parents must approve your account on Giftapart. And although we value your privacy very much, if you’re under 13, your parents maintain the right and ability to monitor your Giftapart account. Because that’s what parents should do, keep an eye on you and make sure you’re safe. Giftapart also doesn’t allow convicted sex offenders on our platform, so if we become aware of a user’s prior conviction, Giftapart will terminate your account. Users who fail to comply with our TOS may have their Giftapart account, and any group and related accounts, disabled, barred, deleted and terminated, at Giftapart’s sole discretion. You understand and agree that by using Giftapart, you give Giftapart the exclusive right to use its discretion to monitor account activity, where possible for compliance with these TOS, and disable, delete and terminate your account at will, without your prior notification and without your prior approval. Should Giftapart so act, you agree that you will have no legal recourse. Your use of Giftapart and its software features are a privilege and not a right.
In order to keep to our mission of maintaining Giftapart a community of good will and friendship, we do not allow communication(s) and/or activity(ies) that promote, encourage, discuss, show, aid and abet, take part of, or any way are involved in or with: (a) terrorism; (b) organized hate; (c) criminal activity; (d) harm; (e) illegal acts; (f) fraud; (g) child nudity; (h) sexual exploitation; (i) bullying; (j) harassment; (k) violation of privacy; (l) hate speech; (j) violence; (k) inappropriate graphic content; (l) nudity; (m) sexual content; (n) inappropriate; (o) spam; and/or (p) false or misrepresentation.
We know some of this stuff may sound obvious, but you are not allowed to upload or transmit any content that contains software viruses or any other computer code. The use of any software, hardware or methods to interrupt, destroy, limit the functions of, or slows down the functions of Giftapart are also not allowed.
Groups & Events
Giftapart allows its users to create Groups so that like-minded people can have a common area on the platform to share and engage in social dialogue. Groups cannot be fraudulent, deceptive or misleading, and cannot impersonate or falsely represent an individual, brand, public figure or company. Groups shall not be used for the sharing, participation, soliciting, engaging, aiding, or any way involved with illegal activity, prostitution, gambling, child pornography, and fraudulent activities. All uses prohibited in your personal account are also prohibited in a Group. Group names are subject to the same ethic standards as individual names and policies in this TOS. Groups cannot violate trademark, copyright or intellectual property of anyone or any company. Event headings and textual comments must also follow these rules and restrictions. Events that have a cost associated with guest participation must fully disclose the amount and how it is paid in the Event description.
Subpoenas and legal requests
From time to time, Giftapart may receive a court order, subpoena or legal request for information that may include your personal information stored on our platform. Although we will never voluntarily provide your information to anyone, there may be at times a legal obligation for Giftapart to disclose your information, in part or in whole, in order to comply with a court order or subpoena. You authorize Giftapart to use its good faith judgment to determine whether the law requires the disclosure of such information, and if so determined, authorize Giftapart to provide the information.
Trademark and copyright
You may not upload, post, or use any content that is protected by trademark and/or copyright laws that you do not possess the right of ownership. If you do own, whether explicit or implicit, a right to trademark or copyright to an image, video, text, or any other digital media or content, that you upload to Giftapart, then you give Giftapart a non-exclusive, transferable, royalty-free, sub-licensable, and international license to use, distribute, modify, copy, publish, display, translate, and make derivative works of the content that you upload to Giftapart.
Your profile name, picture and information
Giftapart is a social media platform. Therefore, your profile name, picture and information may be shared across your network of friends, groups and retailers. You give Giftapart permission to use your name, profile picture and information about you Giftapart across the Giftapart platform, so that your friends, groups, and retailers can engage and interact with you within the context of social media. You may have certain limited controls over these settings and what information is shareable in your privacy controls, but this does not limit Giftapart’s permissions. From time to time, Giftapart may use your likeness, name, profile picture and information for purposes of advertisements, offers and other sponsored content, and you grant Giftapart permission to do so without any compensation to you. Again, be reassured, Giftapart will not sell your name, profile picture, or your information to anyone outside of Giftapart.
Event, gift list, and other sharing
We provide you the tools to share to your family and friends, through internal posts, linking other social media websites, emails, and text messages, in several different areas of the Giftapart platform. You agree that you will not use these sharing tools to harass or intimidate, or do anything that would otherwise be a violation of these TOS if done within Giftapart. If you provide Giftapart with your friends’ cellular numbers or email addresses, you represent that the number(s) you provide are your friends and acquaintances, and that you are using the sharing tools with good faith intention to use Giftapart for its intended purpose. You authorize Giftapart to store the data you enter or share with us, such as all your email contacts and cellular numbers and any other information that may be reasonable captures from your email and contact lists that you share, including but not limited to, names, addresses, date of birth, telephone numbers, emails, and other information.
Retailer and product information
Giftapart obtains all the product information (including but not limited to name, description, price, shipping costs, pictures, and inventory, collectively the "product information") from our retailer partners. We encourage all our retailers to provide information as accurate as possible so that we can pass onto you that information. Since Giftapart does not control the information it receives and passes on to you, we cannot warrant nor guarantee that the product information or other related content is accurate, complete or free from errors. All the prices and promotions, inventory, and descriptions, are subject to change. Price is only confirmed when the order is placed. Should there be a discrepancy between the price shown and the actual price when the order is placed, you will be notified and may be given an opportunity to purchase the product for the actual price; alternately, the order may be cancelled. It is possible that products shown on Giftapart are not available, have misstatements, or be mispriced, therefore orders may be canceled or you may be contacted for additional information and authorization.
Giftapart is a marketplace providing you a great way to search for products, learn about products, explore items, and make purchases through any of the ways provided on the Giftapart platform. However, unless specifically stated in the product, Giftapart is not the retailer of the item. In other words, the products that you see on Giftapart are sold directly by the retailer identified with the product, then shipped directly by that retailer to you, and the retailer will handle all customer service and possibly returns directly with you after the sale is concluded. Giftapart simply facilitates you and the retailer so that you can find the products you seek and the retailer can sell the products to you.
Questions about products should be directed to the retailer that is selling the product on Giftapart. Except for the information that is listed on the screen that the user can access on Giftapart, we do not have access to any other information. Therefore, product inquiries need to be directed to the retailer directly.
In general, there are two types of orders that are placed on Giftapart, traditional ecommerce and crowdfunded gifted items. We explain to you how both of these methods differ and are transacted on Giftapart.
(a) Traditional ecommerce. Traditional ecommerce transactions are those where you will find products sold by our retailer partners on Giftapart, select the item to a shopping cart, and then purchase the item. In these type of transactions, payment can be made with your credit card, credit account, gift card, Giftapart account or debit card issuer when you place your order, which may then have an effect on your available credit line.
(b) crowdfunded gifted items. Giftapart provides you a unique way of making gift lists, notifying friends and family of your gift list, soliciting others to contribute towards your gift list, creating a gift to be crowdfunded in parts, collecting funds towards that gift, and then executing on the gift. In these type of transactions, a contributor may purchase (a) part(s) of your gift, or you may contribute towards (a) part(s) of others gifts, with a credit card, credit account, Giftapart account or debit card. Since this may be a partial payment for an overall purchase of (an) item(s), Giftapart will accept the payment for the part(s) and deposit the payment into an account at a financial institution of Giftapart’s choosing. Once enough part(s) and/or fund(s) have been reached to satisfy the purchase of the item(s), shipping, tax, and other costs and fees, Giftapart will execute this order on your behalf. You give Giftapart a limited power-of-attorney to act on your behalf to execute the order(s) you selected when you created a gift list upon the full funding. This limited power-of-attorney includes Giftapart’s right to provide your name, shipping address, date of birth (if needed), and other information reasonably necessary to execute an order by the retailer, to the retailer so that the order may be completed, payment rendered, and information provided so that the retailer may order shipping of your product(s). If not enough payment(s) are received from potential contributors to the gift list, then any amounts collected, minus Giftapart fees for the use of the service, are deposited into your Giftapart account.
Fees for the use of Giftapart’s crowdfunding system
Giftapart has developed a unique, patent-pending system for crowdfunding gifts that we believe is both fun and effective. We have created several tools and provide them for your use so that you can find the gifts you want, list the gifts you want, crowdfund the gifts in the Giftapart system, share the gift list to others, solicit donations, plan parties to get the gift(s) you want, and engage in a social environment that will help you get the gift(s) you really want to get. The development of this software and the continued upgrades that we are working on to continue to keep Giftapart the best place for gifting cost money to develop, test and implement. We therefore must charge you a fee so that we can keep doing cool stuff. If you select to use the giftapart system, crowdfunding gift(s) in parts, in the Giftapart platform, then you agree to add an overall fee to the product purchase of 6.9% that will be added to the overall item price, handling, shipping, and tax, if any of these are charged by the retailer, as a fee for service to Giftapart. Giftapart will add this service fee on top of the overall item price, handling, shipping, and tax; this amount will then be the overall balance required to execute the crowdfunded gifted item purchase, and all total contributions from gift givers will need to be all these fees and costs collectively. The Giftapart system automatically divides the gift into parts, and each of the parts when added together will equal the total amount needed to execute a retailer transaction. The Giftapart fee is not refundable and earned when a donation of any part is made.
You may have a credit account on Giftapart. This happens when a crowdfunded gifted item you selected is partially funded or the order in unable to be executed. Orders may not be executable because the item is not in stock, the total price exceeds the funds available, the item has been discontinued, or any other reason where the product is no longer available or the retailer unable to fullfill the order. In these scenarios, if gift contributors purchased part or parts of your gifts that were not executed after the gifting contribution period closes, you will be provided with a Giftapart account credit for any funds received minus any Giftapart fee. Funds in your Giftapart account can be used for purchases, gift contributions, gift card purchases (if minimum amount reached), or donations (if minimum amount reached), all through the Giftapart platform. You are not able to cash-out funds from Giftapart. However, you can use the funds that you’ve collected and are available in your Giftapart account to make a purchase from any of the retailer partners on Giftapart, make a contribution to someone else gift on Giftapart, obtain a gift card from a participating retailer (if minimum amount reached), or make a donation to a participating charity (if minimum amount reached).
If your Giftapart account is terminated, you will be given an option to use the funds in the Giftapart ecommerce platform for up to 30 days. You may be barred from the social media sections of Giftapart, yet be allowed access to the traditional ecommerce portion of the platform, at Giftapart’s discretion. Any funds that are then not used within those 30 days are forfeited, and you agree that you will have no right to a reimbursement, use of the funds, or any other value from Giftapart.
The funds in your Giftapart account are yours. But sometimes people may abandon their Giftapart account and not login to the platform for some time. If your account is inactive, meaning that you haven’t logged in, for 12 calendar months, Giftapart will send you a notification to your most recent email linked to your Giftapart account warning you that unless you login within 30 days, your account (1) may be suspended, (2) funds may be forfeited, and/or (3) your data may be deleted. If you login back into Giftapart within those 30 days, the 12 calendar month clock will reset and your account, presuming you’re in good status and not violating these TOS, will remain in active status.
Giftapart may send you an order confirmation through (1) the Giftapart notification system, and/or (2) to your email on file. This email does not signify an acceptance of your order by Giftapart and/or the retailer, and it does not mean that the retailer has accepted your offer to purchase the item(s). At any time after receipt of the order, the retailer may accept, decline, or place quantity or other limits on your order for any reason. The retailer may contact you directly with order notifications. Alternately, or concurrently, Giftapart may contact you directly with order notifications. After you receive the notification, you are to contact the retailer directly regarding any issue, dispute, question, or comment about your order. Giftapart has informed you and you understand that Giftapart is only helping with the transaction, and that all transactions on Giftapart are directly between you and the retailer. Once Giftapart issues an order to a retailer, Giftapart has no control over how that retailer executes on the order, how long the retailer takes to process and ship, its delivery methods, the quality of the product(s), its warranties, its customer service, return policies, or anything else.
Giftapart has no return policy because Giftapart is not selling you the item. Giftapart is simply a marketplace where retailers and consumers come together, and so every transaction on Giftapart is between the retailer and the user. Giftapart facilitates the transaction by providing you a marketplace to browse for products, engage in social activity, and Giftapart collects your payment and forwards it to the retailer. By shopping on Giftapart, you agree to be bound by the retailers policies as provided to you on Giftapart. Retailers are required to post their return policies and other terms of shopping with the retailers. You are bound by those terms and conditions, for each and every retailer that you shop from on Giftapart. That means, all customer service issues about a purchase or an item, once it complete, must be communicated with the retailer directly. That also means that you are bound by the retailers’ return policies, so if you wish to make a return after the purchase, you must contact and deal with the retailer directly, not Giftapart. We therefore strongly encourage you, before making a purchase, to learn about the retailer’s customer service and return policies, and make an independent inquiry and search about the retailer to learn more about the quality of service and products. Giftapart makes no representations as to the quality of a retailer’s product, the type and quality of retailer’s service, the type of shipping and speed of delivery, the retailer’s return policy, or the quality of the retailer’s customer service. You ask that you use the same due diligence as you would otherwise when shopping through any other ecommerce marketplace, physical shopping center, online store, search engine, or anywhere else.
Retailers term of services
If you purchase product(s) through the Giftapart platform, you agree to be subject to the entire terms of service and conditions provided by the retailer selling the product(s).
Retailers’ proprietary rights
There may be many retailers selling their many products on the Giftapart marketplace. Retailers’ names, products they sell, and their content may be protected by copyright, trademark, patent or other propriety rights, and you may not remove, modify, scrape, frame, augment, publish, transmit, alter, copy, or otherwise use this content in any way.
User content associated with products
Giftapart provides you a way to engage and interest with others on the Giftapart platform in numerous ways including while browsing specific products. The Giftapart platform provides a product-specific conversation and user generated content, and you may use this social media product-related feed to converse and share content with other users, Groups and retailers. Content in this section of the Giftapart platform is subject to the same TOS as content in other social media sections of Giftapart. However, it is important for you to know and understand that any comments and content that you post on product-related social media posts, that is, the social media feed associated with, viable, and can be engaged when a specific product info is displayed, is viable by the entire Giftapart community and may be publicly available for anyone to see. While your profile feed on your social media may have privacy controls allowing you to restrict who sees your posts, posts made in connection with a product item have no privacy restrictions and are completely open to everyone.
We strive to keep Giftapart the best it can be at all times. To do this, we need to update the software on a regular basis. Therefore, you grant Giftapart permission to download and install updates, upgrades and additional features to all your devices.
Giftapart has filed patents on technologies we developed that are now available to you when you use the features within Giftapart. If you use these features that we have intellectual property rights to and that we make available to you for use, Giftapart retains all the rights to its intellectual property and the rights created therein.
Changes to these terms
Giftapart will update these TOS from time to time. We don’t want to bug you with the little things, but when significant changes occur, or required by law, we will go the extra mile to notify you of changes. You will then be given an opportunity to accept and continue using Giftapart, or cancel using Giftapart.
Suspension & termination
Unfortunately, we must at times suspend or terminate accounts due to a user’s violation of these TOS. You agree to grant Giftapart the exclusive right to determine whether or not your account should be active, suspended or terminated. If we determine that your account should be suspended or terminated, you will be denied access to login to Giftapart. In the event of a suspension, Giftapart may notify you, at its discretion, the duration of your suspension. If the account is terminated, Giftapart, at its discretion, may allow you a temporary time period to gain access to your media so that you may safe it to a different media storage location; nothing in this TOS gives you the right to this access. Such access is granted to users on a case by case basis, and for a time period determined by Giftapart, so that you may download the media in a format and resolution determined exclusively by Giftapart.
Limits on liability
The Giftapart platform and experience is provided "as is" and "as available" basis, and Giftapart makes no guarantees, no promises, no warranties, and provides you no expectations, whether expressed or implied, that: Giftapart will be error-free, work in the manner that you may expect, meet your requirements, be uninterrupted, provide functionality, be safe and secure, or be able to safeguard your personal data and the integrity of your information, work without delays or disruptions, and be free of imperfections. To the extent permitted by laws, Giftapart does DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Giftapart is not responsible for other people’s actions and conduct, and cannot be responsible for what other people say or share on social media, whether or not it is offensive, unlawful, inappropriate, discriminatory, obscene, or objectionable to you in any way.
By using Giftapart, you explicitly agree not to hold Giftapart responsible and liable to you for any information, data, revenues, lost profits, consequential, incidental, indirect, and punitive damages arising out of, or related to, your use of Giftapart. The aggregate liability that Giftapart may owe to you as a result of any action due to your use of Giftapart will not exceed the greater of $100 or total of any amounts you have paid Giftapart within the past six months.
Should you feel compelled to initiate a legal action against Giftapart, for any claim whatsoever, you agree that all such claims must be filed in the United States District Court for the District of New Jersey or the New Jersey Superior Court in the vicinage of Somerset County. By using Giftapart, you agree to the personal jurisdiction of ether of these courts, and that the laws of the State of New Jersey shall govern the interpretation of these TOS, the laws that apply to the claim dispute, and the laws that are binding between you and Giftapart, and that such understanding and agreement shall be without regard to conflict of law provisions.
ANY WARRANTY ON ANY PRODUCT SOLD THROUGH THE GIFTAPART PLATFORM IS PROVIDED BY THE MANUFACTURER OF THAT PRODUCT. TO THE FULLEST EXTENT PERMITTED BY LAW, GIFTAPART WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ATTRIBUTED TO YOUR USE OF ANY PRODUCT OR SERVICE PURCHASED USING THE GIFTAPART PLATFORM.
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN GIFTAPART’S CONDITIONS OF USE, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE PROGRAM. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE TOTAL AMOUNT OF THE QUALIFYING PURCHASE THAT IS THE SUBJECT OF THE DISPUTE. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR MEMBERSHIP. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR BEST BUY'S GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, RECKLESS, OR MALICIOUS MISCONDUCT, OR FRAUD.
Specials & promotions
Giftapart may from time to time offer you special promotions and you agree to be bound by the terms and conditions of the promotions. Retailers may individually offer you special promotions through Giftapart, and you agree to be bound by their terms and conditions.
Loyalty card numbers
As a convenience for you, Giftapart allows you to store your loyalty membership number information for the retailers that you chose. When possible, and at our discretion, we may be able to link your loyalty membership information with particular purchases. We do this as a convenience, but we cannot guarantee that you will in fact receive whatever loyalty benefits come with that use. Retailer loyalty benefits are managed and under the exclusive control of the retailer. You agree to direct all your questions, concerns, and issues regarding the loyalty membership, its program, any issue relating to a purchase and the loyalty program, the loyalty account benefit issuance, or disputes, directly with the retailer.
To be eligible to participate in Giftapart rewards, you must be a U.S. resident (50 states plus District of Columbia), and meet the age requirements of Giftapart. If you are less than 18 years old, you can only participate in Cashback Rewards only with the permission of a parent or legal guardian. You must have a Giftapart account in good standing and must comply with all of the TOS. If your Giftapart account is terminated, you will forfeit all your accrued Cashback Rewards. Cashback Rewards can be redeemed for Giftapart credit only on the Giftapart platforms. There is no cash value for Cashback Rewards.
Cashback Rewards are only provided on items specifically identified as having a Cashback Reward. Specific retailers may have Cashback Rewards listed as a general reward on their product line. However, either Giftapart or the retailer may identify certain products and offers which are ineligible for Cashback Rewards. Except for non-qualifying purchases, you may receive Cashback Rewards on purchases for your personal use.
The following purchases or transactions are excluded from receiving Cashback Rewards: Giftapart gift part purchases; purchases made using Giftapart Credit; purchases made for resale; purchases for gift cards from any retailers, brand and Giftapart; coupons; other discounts; sales tax; and, shipping. This list may be updated from time to time. Exclusions may also be listed on specific products, retailer pages, and other locations within the Giftapart experience.
Cashback Rewards will post to a user’s account within 24 hours, although often almost instantly upon execution a valid transaction. Initially, Cashback Rewards will be “pending” for a 2 month time period. After 2 months, the “pending” Cashback Rewards will be transferred to “available.” User may transfer “available” Cashback Rewards to Giftapart credit at any time so long as it is in compliance with these TOS. “Pending” Cashback Rewards cannot be transferred to Giftapart credit while in “pending” status. If you return the item purchased that resulted in the Cashback Reward, your account will be deducted that Cashback Reward amount.
Membership in Giftapart’s Cashback Reward program is automatic. However, you may elect not to participate by selecting that option in the user’s settings. If the user had accumulated Cashback Rewards prior to selecting the option to turn off these Rewards, the user will forfeit and loose all prior accumulated Cashback Rewards immediately upon turning off the Cashback Rewards features. We therefore recommend that you convert the “available” Cashback Rewards to Giftapart credit before turning off the Cashback Rewards features.
To remain eligible for the Cashback Rewards program, you must maintain and keep an active account at Giftapart. No purchases are required. But account’s terminated in accordance with these TOS will forfeit and loose the Cashback Rewards accumulated permanently.
Resellers are excluded from the program and from receiving Cashback Rewards. If Giftapart mistakenly issues Cashback Rewards for ineligible purchases, Giftapart reserves the right to deduct those improperly awarded Cashback Rewards, request a refund, and/or terminate the user’s Giftapart account. If you are found, in our sole discretion, to be a reseller, your account may be terminated.
There is no set Cashback Reward for an item purchased on Giftapart. Items vary in the amount of Cashback Reward, with some items offering zero Reward and others offering more. If an item or retailer does not affirmatively identify a Cashback Reward on product(s), then there is no Cashback Reward offered on that product.
You may not transfer or assign your Cashback Rewards or any program benefits. Only one user will receive points in any one transaction. If your account has a negative Cashback Rewards balance, Giftapart may immediately cancel or reverse any or all outstanding Cashback Rewards. Giftapart may not issue you any Cashback Reward if Giftapart terminates your account because of conduct we determine, in our discretion, violates these TOS or any applicable law, or is harmful to Giftapart’s interests or another user. Giftapart also reserves the right to deny anyone future use of Giftapart and/or participation in Giftapart Rewards if Giftapart deems your conduct to violate these TOS. Giftapart may make account adjustments for any Cashback Reward that Giftapart, in its sole discretion, deems as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with the use of Giftapart, these TOS or any other applicable law or regulation. Giftapart decisions are final. Should you disagree with any adjustments made to your account or Cashback Rewards made to you, your sole remedy is to withdraw from the Cashback Rewards program.
In Giftapart’s discretion, we may deduct Cashback Rewards from your account to make adjustments for returns and cancellations with respect to Cashback Reward program purchases. If you believe that a Cashback Reward has not been correctly credited to your account, you must contact Giftapart within ninety (90) days of the transaction. In addition, Company may make account adjustments for any Cash Back that Company, in its sole discretion, deems as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with the Referral Program Terms, this Agreement or any other applicable law or regulation. Company decisions are final. Should you disagree with any adjustments made to your account or payments made to you, your sole remedy is to withdraw from the Program.
Cashback Rewards cannot be used to make gift card purchases.
At times, Giftapart may issue a courtesy Giftapart Adjustment towards the purchase price paid by the user. This happens when the price that the user paid for the item(s) is lower than the actual price at the time of order execution. Giftapart, at its sole discretion, may either cancel the order or pay for the difference as a Giftapart Adjustment. Giftapart Adjustments can be made on a per item basis or a per order basis. If the user receives a Giftapart Adjustment and then returns a item that was subject to a Giftapart Adjustment, the user will then owe a refund of that Giftapart Adjustment back to Giftapart in the following manner: Giftapart shall deduct from “pending”, “available”, and future Cashback Rewards the amount of the Giftapart Adjustment that the user received in connection with the item(s) returned.
Giftapart+ is an yearly membership program entitling the participant to certain benefits as explicitly provided in this section. Participants are individuals who qualify to be a user of Giftapart as specified in these TOS and pay an annual fee to receive the Giftapart+ benefits. Participants must be in good standing at the time they wish to execute the membership benefit.
Giftapart+ participants are entitled to receive free shipping on orders that reach a minimum of $49, excluding taxes and shipping (the “minimum threshold”). If (a) coupon(s) and/or promo code(s) is/are applied to the order, the order total must reach the minimum threshold after deducting the discounted price. From time to time, Giftapart may modify the minimum threshold amount for promotional purposes, and the agreed amount of minimum threshold at time of your purchase shall apply. The minimum threshold as applicable to your account can be found in your Settings. Some retailers and/or specific products are excluded from Giftapart+ participation and qualification. These retailers and/or specific products are identified in the shopping cart as not included in the overall total required to reach the minimum threshold.
In some cases, your shipping address may not qualify for Giftapart+. This typically includes locations outside the 48 state continental United States, military addresses, FBO’s, APO’s, DPO’s, and some PO Boxes.
International shipping items, any time that is not shipped from the ship-to address country, do not qualify for free shipping.
If your order reaches the minimum threshold, Giftapart will pay for your shipping in the manner and method that Giftapart decides. If you select custom shipping options for particular retailers and/or products, then you will pay for the shipping for that particular retailer and/or product.
In order to prevent abuse of the program and make it financially impossible to Giftapart to offer this exciting benefit to everyone, there needs to be reasonable limitation on the use of the free shipping. Therefore, you agree not to use Giftapart+ free shipping more than 4 times per month, or 20 times in any given calendar year. If you exceed these limits, Giftapart may, at its discretion, not offer you free shipping on the order total. Giftapart reserves the right to cancel your membership if it deems your use of the Giftapart+ membership to be abusive. In the event that your membership is cancel for the reasons stated in this paragraph, Giftapart will reimburse you for any pro rata amount of your payment from the date of cancelation to the date of your expiration in the Giftapart+ program minus fifty-percent. If you were paying monthly, then first we calculate what you would owe and owed from the date of cancelation until the end of your one year anniversary, and then determine any pro rata amount of what you paid for that month plus what you owe for the remainder of your one year membership, then deduct 50%, and that is the total amount of reimbursement that you would be entitled to. In the event that you owe money instead of being entitled to a reimbursement, you allow Giftapart to charge your card for the amount owed.
Giftapart+ participants also receive extra Cashback Rewards. The standard amount is an extra 50% but this amount may vary upon the specific promotion and offer that you accepted. Your specific Giftapart+ Cashback Rewards extra amount is found in your Giftapart+ section in Settings.
Giftapart+ participants are also entitled to download their event media together in one package. This may be provided by either immediate download or through an emailed link provided by Giftapart. Giftapart shall provide the method it deems best under the circumstances. File sizes and overall data size may determine the best method to use, and other discretionary factors as determined by Giftapart.
Giftapart+ participants receive Cashback Rewards when a purchase is executed from their gift list. In order to receive the Cashback Reward, the gift needs to be fully funded and executed. To qualify for Cashback Rewards, the gift item must be added to the list when the Giftapart+ member is in good standing, and the gift must be funded while the Giftapart+ member is also in good standing.
From time to time, Giftapart may need to send you important messages and promotions specifically for Giftapart+ participants. It is your obligation to keep your email current.
Participating in Giftapart+ requires a payment. This payment is non-refundable. Currently, Giftapart provides two options for payment, either yearly or monthly with a 12 month minimum. Yearly membership in Giftapart+ is currently $99 if paid in one payment or $119.88 if paid $9.99 monthly but this amount is subject to change at any time. Giftapart may issue promotions from time to time, and the amount that you specifically paid may be different from this amount. Giftapart may also offer promotion to student and group partnerships. You can find what your payment was and what your renewal fee will be in your Giftapart settings.
Upon joining the Giftapart+ program you are automatically enrolled in automatic renewal. This automatic renewal can be changed at any time in your Settings. If you do not turn off automatic renewal, your Giftapart+ will be renewed at the then renewal price.
You authorize Giftapart to charge your credit card and/or ATM card as entered when you signed up to Giftapart+ to renew and/or continue membership (when you’re a monthly payee). You also understand that your payment method will need to be saved to file for future transactions on your account with regard to Giftapart+ participation.
If the payment methods we have on file for you are declined for payment of your Giftapart+ membership, then you must provide us a new eligible payment method immediately, otherwise your Giftapart+ membership will be canceled.
UNLESS YOU CANCEL YOUR GIFTAPART+ RENEWAL BEFORE A CHARGE IS MADE TO YOUR PAYMENT METHOD, YOU UNDERSTAND AND AGREE THAT YOUR GIFTAPART+ MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE GIFTAPART TO COLLECT THE MEMBERSHIP FEE, AS THEN APPLICABLE, PLUS TAXES (IF ANY), USING ANY PAYMENT METHOD THAT GIFTAPART HAS ON FILE FOR YOU. YOU UNDERSTAND THAT GIFTAPART WILL NOT PROVIDE YOU ADVANCE NOTICE UNLESS REQUIRED BY APPLICABLE LAW.
Giftapart may offer trial memberships to certain people or groups from time to time. Trial memberships are subject to these same TOS. Trial memberships convert to regular memberships after a time period as stated in your Giftapart+ information in your Settings. If you do not want to continue the trial membership, then it is your obligation to turn-off the automatic renewal option in the Settings. Otherwise, you agree to pay the membership fee.
Giftapart reserves the right to cancel the Giftapart+ program at any time without advanced notice. If Giftapart does cancel the program, Giftapart will reimburse you for any pro rata amount of your payment from the date of cancelation to the date of your expiration in the Giftapart+ program. Monthly payees would receive a reimbursement of the pro rata share not used that month.
Refer and Earn
Giftapart provides the Refer and Earn referral rewards program as our way of thanking the Giftapart users that refer Giftapart to their family and friends (simply referred to as "friend" or "friends" in this section).
Every Giftapart user is assigned a link (url) that provides a referral number so that Giftapart can track the referral. When the friend clicks that link and creates a Giftapart account after following the link, you get credit for that new signup. Giftapart will credit your account for the referral sign up if the friend signs up within the earliest of these options: (i) within 24 hours, or (ii) as long as the tracking information remains available on the friend's device.
All you need to do is send the referral link to your friends. Your friend needs to click the link and create an account. Then, if your friend makes a qualifying minium purchase within one year, you get your referral reward bonus. You can track the friends' that you referred, and whether they've made a qualifying purchase, from your Giftapart Settings page.
Your referral amount is provided about 60 days after the qualifying purchase. The referral amount is automatically applied to your Giftapart account credit, and is easily available for use at checkout.
You can invite as many friends as you want. The more you refer, the more you make. However, friends must be new to Giftapart. If Giftapart determines that someone is creating a duplicate account, Giftapart retains the right to void the referral payments to both you and your friend.
Both you and your friend must satisfy all the Terms and Conditions of Giftapart.
The referral bonus amounts and bonus programs change from time to time. You and your friend will receive, upon satisfying the conditions, the amounts as per the program provided at the time of the sign up.
Obviously, the program does not apply to and it is an explicit violation of the rules if the Refer and Earn referral is made under these conditions: (i) self-referral; (ii) creating fake accounts (i.e. multiple accounts with the same name, address, email address, or other identying features); (iii) placing your referral link on social media pages, blogs, or other publications that are not owned by you; (iv) advertising or using search keywords that include "Giftapart" or common mispellings; (v) doing any marketing that is defamatory or disparaging to Giftapart; and (vi) using bulk email distributions to strangers or other promotion that may appear as spam or unsolicated commercial email.
Giftapart reserves the right to terminate this program at any time for any reason and at our sole discretion.
California residents – CCPA information
The California Consumer Privacy Act, Cal. Civ. Code §�� 1798.100 et seq. (“CCPA”), is a U.S. law enacted in the State of California effective January 1, 2020 that requires businesses to disclose whether they sell personal data. As a business covered by the CCPA, we do not sell personal data. We need share personal data, such as your name, address, and sometimes telephone number and email, with third parties (i.e. retailers and shipping companies) in order to be able to complete and execute your order.
Exercising your rights: If you are a California resident, there are some additional rights that may be available to you under the CCPA, including the rights to access specific types of personal data, to learn how we process personal data, to request deletion of personal data, and not to be denied goods or services for exercising these rights. Specific requests can be made to firstname.lastname@example.org from your user registered email address. Many settings and controls may be available to you in the Settings section of your account, and we encourage you to manage your information, and to make use of the privacy controls we have included. You will not be discriminated against for exercising any of your privacy rights under the CCPA. In order to protect your information from unauthorized access or deletion, we may require you to verify your identity and place of residence before completing your rights request. If we cannot verify your identity, we will not provide or delete your information.
Sharing your personal information: We don't sell your personal information. We do share your information with others as described in the preceeding paragraph and within these Terms of Service. We also may show ads, nor or in the future, that we think are relevant. Giftapart does not provide ad tracking to third parties. We do not “sell” our customer’s personal information as currently defined under the CCPA, meaning that we also do not rent, disclose, release, transfer, make available or otherwise communicate that personal information to a third party for monetary or other valuable consideration. We may share aggregated and/or anonymized information regarding use of the Services—which is not considered personal information under the CCPA—with third parties to help us develop and improve the Services and provide our customers with more relevant content and service offerings as detailed in our customer agreements.
If you have any questions or would like to exercise your rights under the CCPA, you can reach out to us at email@example.com. If you are an authorized agent wishing to exercise rights on behalf of a California resident, please contact us at firstname.lastname@example.org and provide us with a copy of the consumer’s written authorization designating you as their agent. In order to identify our user, we ask that authorized representatives provide us with the user's full name, date of birth, and email address used as the user's sign in ID. Giftapart tracks users using their email address, and without a matching email it may, at times, be impossible to properly identify the relevant user.
More information about CCPA can be found on the website of the California Attorney General.
Digital Millennium Copyright Act (DCMA)
Giftapart wants to do its part to protect individuals' and companies' copyrighted content. If anyone posts any content on Giftapart that is copyrighted to you, please contact Giftapart immediately at DCMA@giftapart.com. This email is exclusively limited to DCMA inquiries and copyright infringement reporting. Any other emails sent to this email inbox will be discarded and not replied.
When reporting a copyright infringement to Giftapart, we ask that you provide your full legal name, address, telephone number and email. Also include the specific content that you believe is infringing on your copyright rights, and any proofs that establish your claim. Giftapart prioritizes reviewing these claims, and will act promptly to remove any content that Giftapart reasonably believes to be infringing on another's copyright. Giftapart will make every effort to reply back to the claimant with a resolution determination.
Users of Giftapart are not permitted to post copyrighted material belonging to others without written permission. Once Giftapart receives a notification of a copyright infringement, Giftapart, at its discretion, may (i) immediately remove the content; (ii) seek additional information from the claimant; (iii) ask the user for a rebut; or (iv) any of these options together or separately. Giftapart has the exclusive right to remove any user post without prior notification to the user when acting in good-cause due to a copyright infringement notification – whether such notification was received by the alleged copyright owner, a third-party, or through Giftapart's own knowledge and belief. There is no recourse for this conduct, Giftapart is exclusively granted the right to make these determinations, and the user accepts Giftapart's rights. The user understands that there is no appeal and waives any rights, if any, to legal action allowed with regards to these determinations made by Giftapart.
More information about the DCMA can be found on the website of the U.S. Copyright Office.
IN CONSIDERATION FOR USING GIFTAPART, YOU AGREE THAT IF (1) YOU HAVE ANY DISPUTE WITH OR CLAIM AGAINST GIFTAPART ARISING OUT OF OR RELATING IN ANY WAY TO ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY GIFTAPART INCLUDING, BUT NOT LIMITED TO, THE ADVERTISING OF OR THE SALES PRACTICES FOR SUCH PRODUCTS AND SERVICES, AND/OR (2) YOU RECEIVED CASHBACK REWARDS, COULD HAVE RECEIVED CASHBACK REWARDS, OR YOU APPLIED CASHBACK REWARDS OR A GIFTAPART CREDIT TOWARD SUCH TRANSACTION, THEN YOU WILL RESOLVE DISPUTES OR CLAIMS BY BINDING ARBITRATION, RATHER THAN IN COURT.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE DISPUTES. THE RULES IN ARBITRATION ARE DIFFERENT. THERE’S NO JUDGE OR JURY, AND REVIEW IS LIMITED, BUT AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME LIMITATIONS STATED IN THE AGREEMENT AS A COURT WOULD.
To begin an arbitration proceeding, you must send a demand to the American Arbitration Association (AAA) describing your claim and serve a copy of the demand on our registered agent as listed and provided in the N.J. Division of Revenue and Enterprise Services. The arbitration will be conducted by the AAA under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules and the form for filing an arbitration claim 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. Neither Giftapart nor you will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. Giftapart and you agree that arbitrations shall be in-person in Somerset County, New Jersey, United States of America.
We each agree that any dispute resolution proceedings of any nature or in any forum will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that you may not purport to act on behalf of a class or any other person. Likewise, an arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.
We also both agree that you or we may bring suit in court to seek to enjoin infringement or other misuse of intellectual property rights.
Applicable Law & Venue Selection
IN CONSIDERATION FOR PARTICIPATING IN THE SERVICES PROVIDED TO YOU IN GIFTAPART, YOU AGREE: (1) IF ARBITRATED, THAT THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF NEW JERSEY), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND APPLY TO ANY DISPUTES OR CLAIMS AGAINST BEST BUY ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE PROGRAM. OR (2) IF LITIGATED, LAW SUITS SHALL BE FILED IN, AND PARTIES SUBJECT TO THE JURISDICTION OF THE COURT IN, THE STATE OF NEW JERSEY, AND MORE SPECIFICALLY ALL LITIGATION SHALL BE ONLY FILED IN THE SUPERIOR COURT OF NEW JERSEY, SOMERSET COUNTY, NEW JERSEY, USA.
Giftapart retains the ownership of your username and all the content in Giftapart, wether it was uploaded by you or not. Giftapart may change your username at any time and for any reason. This is sometimes done if you have a similar username to someone else, or if your username does not comply with these TOS.
If any provision of these TOS is determined by any court or arbitrator of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such provision will be enforced to the maximum extent possible given the intent of the parties hereto. If such clause or provision cannot be so enforced, such provision shall be stricken from these TOS and the remainder of this TOS shall be enforced as if such invalid, illegal or unenforceable clause or provision had (to the extent not enforceable) never been contained in this document.
These TOS do not confer or give any third-party beneficiary rights. All of Giftapart’s rights and obligations under these TOS are voluntarily and freely assignable by us as a result of a merger, acquisition, sale or operation of law.
Giftapart reserves all rights not expressly granted to you in these TOS.
How to contact us
Questions or comments about these TOS, or general injuries to Giftapart, may be made by contacting us by email at email@example.com. You may also write to us at:
Giftapart, Inc., ATTN: TOS, 892 US Highway 22, Somerville, NJ 08876, USA
Thank you for being a member of our Giftapart family. We hope you enjoy using Giftapart and the wonderful features it offers. :)
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