Registry Terms of Service
When you register and create an account, create a registry or wish list, make a purchase, send a gift or make a contribution to any Group Gifting occasion ("Group Gift"), you agree: (a) to submit your own valid e-mail address, (b) to create a password and User name when using a non-social log in; (c) that all information that you submit will be accurate and not misleading; (d) to keep confidential all aspects of your account including your User name and password; (e) that you are responsible for any and all uses of your account, whether or not you've authorized such use; (f) to keep confidential all aspects of other Users' account information that you may have access to; (g) to immediately notify us of any unauthorized use of your account; and (h) that you will not use the Platform Service for any unlawful or otherwise prohibited activity.
eGifter Platform Service
The Platform Service allows a gift organizer ("Organizer") to create a registry or wish list for the purchase of electronic Hotels.com gift cards (“Gift Cards”) for a designated recipient (“Recipient”), which may be the Organizer or someone else. Other individuals can be invited to add additional funds to the Gift Card ("Contributors") creating one Group Gift for the Recipient (collectively, Organizer and Contributors shall be referred to as "Users").
The Gift Cards are issued by CARDCO CXXXIX, Inc., a Florida corporation (“Issuer”), on behalf of Hotels.com, L.P., a Texas limited partnership ("Retailer"), and the Gift Cards are delivered by eGifter to the Recipient via email or via our Web or Mobile Application. All aspects regarding the use and redemption of Gift Cards are subject to the Gift Card terms and conditions, which are available at https://hotels.cashstar.com/about/terms_and_conditions/ and are subject to change (See Gift Card Section below). To use the Platform Service, a User must register an account with eGifter. Use of our Platform Service is free of charge. To purchase or contribute to the purchase of a Gift Card, a User will choose an existing registry/wish list or create a new registry/wish list, enter a contribution amount toward the purchase of the Gift Card, choose an eGreeting card and personalize it, complete the purchase process and optionally invite others to contribute to the value of the Gift Card. To make a contribution you must use a valid MasterCard, VISA, American Express, Discover or PayPal account.
Contributors will be invited via the eGifter Platform Service application. You should not authorize any other person or entity to use your unique User ID. You are responsible for preventing such unauthorized use. You are solely responsible for any and all access to the Site and your use of the Platform Services. If you become aware of any unauthorized activity, please notify us via email immediately at hotels-support@eGifter.com.
Although the Platform Service enables you to participate in a Group Gift for a designated Recipient, the only transaction that you will have with eGifter is for your contribution payment toward the Gift Card. We do not have any control over the Organizer, other Contributors, the intended Recipient, or any other Users of the Platform Service, nor do we have any control over the Retailer. Consequently, we are not and will not be liable for any loss or damage that you may incur as a result of your interactions and transactions with any Users, or Retailer, including any loss or damage resulting from: (i) making a Contribution, (ii) late or failed delivery of any product or service purchased through Retailer, including Gift Cards, (iii) any defect or other quality aspect of any product or service, (iv) breach of any Retailer warranty, express or implied whatsoever, or (v) Retailer’s failure to redeem the Gift Card. The dealings between you, and any Users or the Retailer are solely between you and the applicable User, or Retailer as the case may be. We are not responsible for changes in the Gift Card terms and conditions; including any price change that may occur after you purchase or contribute to a Gift Card but prior to redemption for the applicable product or service. You understand that we do not issue Gift Cards through the Platform Service. The Issuer has the liability for the Redemption of the Gift Card. We have no obligation to resolve any dispute between you and any other User or Retailer. Users may resolve a dispute directly with each other or with Retailer. If you have or participate in any dispute or its resolution, you expressly agree to indemnify and hold harmless eGifter and its officers, employees, members, managers, affiliates, subsidiaries, agents, representatives, and successors from and against all third party claims, costs, losses, liabilities and expenses (including damage awards, settlement amounts, and reasonable attorneys' fees and costs, whether incurred as the result of a third party claim or a claim to enforce this Term), and other damages of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, liquidated or otherwise (collectively, "Losses") related to such dispute.
We reserve the right to cancel a User account at any time for any reason in our sole discretion. User accounts may be cancelled for several reasons, including but not limited to:
- Submitting any unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene, or otherwise objectionable Content
- Any sexually explicit Content
- Language or User conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation
- Posting any unsolicited or unauthorized advertising, "spam," or junk mail, including "chain letters" and "pyramid schemes"
- Submitting any Content that is alleged to infringe any patent, trademark, trade secret, copyright, or other proprietary right
- Uploading a virus or Content designed to disrupt, limit, or damage any functionality of any computer software or hardware
- Posting Content originally posted by another User without permission or attribution
- If we in our judgment and sole discretion deem it appropriate.
If there is content that is objectionable for any of the above reasons or otherwise, please let us know by sending an email to hotels-support@eGifter.com. We will review your concerns, but we have the right in our sole discretion to make the final judgment on whether any Term has been violated and to determine what, if any, action should be taken.
EGIFTER PROCESSES PAYMENT TRANSACTIONS ON YOUR BEHALF EACH TIME A CONTRIBUTION IS MADE. ALL CONTRIBUTIONS ARE APPLIED TO A GIFT CARD AND CAN BE REDEEMED AT ANY TIME BY THE ORGANIZER OR RECIPIENT OF THE GROUP GIFT AS APPLICABLE. EGIFTER IS NOT A BANKING INSTITUTION OR OTHER CHARTERED DEPOSITORY INSTITUTION AND DOES NOT REPRESENT ITSELF AS SUCH. EGIFTER MERELY PROVIDES USERS WITH A PLATFORM TO PURCHASE GIFT CARDS OR FACILITATE A GROUP GIFT TO PURCHASE RETAILER GIFT CARDS. EGIFTER IS NOT THE ISSUER OF ANY OF THE GIFT CARDS AVAILABLE THROUGH THE PLATFORM SERVICE. ONCE A GIFT CARD IS PURCHASED THROUGH EGIFTER, THE ISSUER IS RESPONSIBLE FOR THE REDEMPTION OF THE GIFT CARD.
By placing an order for or contributing to a Gift Card, you agree to purchase the Gift Card (or contribute to the Gift Card, as applicable). Once you've completed your payment, you will receive a confirmation of the payment and your credit card or PayPal account will be charged for the amount of any paid portion of the Gift Card value. Once the payment(s) is confirmed the Gift Card will be sent to you or the Recipient using the eGifter Platform Service. You are required to register an account with eGifter in order to purchase any Gift Card. An account is required to ensure the authenticity of your transaction and also to collect your payment information.
All aspects regarding the use and redemption of Gift Cards are subject to the Gift Card terms and conditions, which are available at https://hotels.cashstar.com/about/terms_and_conditions/ and are subject to change.
Unless otherwise stated at the time a Gift Card is purchased, the Gift Card price does not include sales taxes, which may be charged to you separately by the Retailer at the time the Gift Card is redeemed.
eGifter is not the issuer of the Retailer Gift Cards. They are issued by Issuer, which shall be fully responsible for any and all claims or liabilities related to the Gift Cards, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Gift Cards. By receiving a Gift Card from eGifter, the Recipient acquires the right to redeem the Gift Card issued by Issuer and to use the Gift Card subject to the Gift Card terms and conditions and the Terms of this Agreement.
All risk of loss and title for the Gift Card will pass to the Recipient upon electronic transmission of the Gift Card to such individual. eGifter is not responsible if a Gift Card is lost, stolen, destroyed, or used without permission. eGifter is not responsible if any Gift Card is rendered unsuitable for redemption through no fault of eGifter. If you have lost or misplaced your Gift Card and the balance has not been spent or changed from the original amount, please contact us at hotels-support@eGifter.com, and we will email you a replacement provided we can confirm the balance is unused. If your Gift Card order is incorrect, the User or Recipient must notify eGifter within 30 days and provided the balance on the Gift Card has not been spent and has not changed from the original amount, we will make our best reasonable efforts to correct the error. If eGifter is not notified of any error within 30 days of the date of electronic transmission of the Gift Card, the Gift Card will be deemed to be satisfactory. Gift Cards must be redeemed at Retailer's website, http://www.hotels.com/gc, subject to the Gift Card terms and conditions.
All cards sold on eGifter are only available in the United States. No single User may purchase more than $2,000 on any single eGift card sold on eGifter on any single day, and no User may buy or send eGift cards on eGifter in an amount of $10,000 or more in any single day in one or more transactions.
Claiming a Gift Card
Gift Cards may be sent to a Recipient’s email. Recipients will be notified via email. Recipients must log in to the eGifter Platform. Upon doing so, Recipient will become a member and may view any Gift Cards for which they are the Recipient. To claim a Gift Card for which you are the Recipient, just click on the "Claim" button in the eGifter app to retrieve your Gift Card code. Once a Gift Card is claimed, no additional contributions can be made.
Refund, Return / Exchange Policy
Except as expressly defined herein, all sales are final and there are no cancellations, refunds or exchanges permitted. eGifter is not responsible for the refund and returns of any products purchased from Retailer. Your only recourse for refunds, returns and exchanges is with the Retailer.
Links to Third Party Sites
Any trademark, service mark, logo, icon, content or other work of authorship, and other intellectual property (collectively, "IP") displayed on the Site or Platform Service are either our property or the property of our licensors, co-branders, or other third parties and may not be used by you without the prior written consent of the owner of such IP. All rights to third party IP are reserved to such third-parties. You may not post, distribute, reproduce, or sell in any way, any third-party IP without legal authorization. You will indemnify and hold harmless eGifter and its affiliates, subsidiaries, members, managers, officers, employees, agents, representatives, and applicable third parties (e.g., relevant Users, co-branders and other commercial partners, licensors, licensees, consultants, and contractors) (collectively "Indemnified Parties") from and against all Losses related to any unauthorized use of any third party IP, eGifter(SM)", the eGifter logo, and the other names, logos, icons and marks identifying eGifter and its products and services are IP owned by us and may not be used without our prior written consent, which we may grant or withhold in our sole and absolute discretion. We reserve all rights not expressly granted under the Terms. By using the Site or Platform Service, you expressly agree that any information you provide via uploading or posting will be at your sole risk and we shall not be responsible to you or any third party in any way under any circumstance for any such information or other Content you provide to eGifter. You may not post, distribute, reproduce, or sell in any way, any eGifter IP without legal authorization. You shall indemnify the Indemnified Parties against all Losses related to your unauthorized use of any eGifter IP and/or the Platform Service. You may not copy, sell, resell, or otherwise exploit any aspect of Platform Service for any commercial purpose. We retain and reserve all right, title, and interest to all IP and other material used on or with the Platform Service (except for IP belonging to third parties), including all software and other computer code. None of the material used on or with the Platform Service may be reverse-engineered, disassembled, decompiled, transcribed, resold, or redistributed without our prior written consent, which we may grant or withhold in our sole and absolute discretion. You may use one copy of the material from the Platform Service for your personal, non-commercial viewing and use only. You acknowledge that you do not acquire any ownership right or other interest by downloading any IP from Platform Service. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/or video used on or with the Platform Service shall not be broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any media nor stored in a computer except for your personal non-commercial use.
Disclaimer of Warranties
USE OF THE EGIFTER PLATFORM SERVICE IS AT YOUR SOLE RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS THAT RESULTS FROM SUCH USE. THE PLATFORM SERVICE IS PROVIDED ON AN "AS IS" BASIS. EGIFTER AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY AS TO THE PERFORMANCE OF ANY THIRD PARTY, INCLUDING RETAILER, WHO MIGHT NOT FULFILL A GIFT CARD OR SHIP ANY PRODUCT OR PROVIDE ANY SERVICE PURCHASED WITH A GIFT CARD. NEITHER EGIFTER NOR ANY OF ITS LICENSORS MAKES ANY WARRANTY THAT THE PLATFORM SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE PLATFORM SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NEITHER EGIFTER NOR ANY OF ITS LICENSORS MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM SERVICE, AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PLATFORM SERVICE, OR THAT DEFECTS IN THE PLATFORM SERVICE IN WHOLE OR IN PART, INCLUDING SOFTWARE, WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL EGIFTER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE PLATFORM SERVICE, INCLUDING DAMAGES FOR LOST PROFITS, EVEN IF EGIFTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, EGIFTER SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED THROUGH THE PLATFORM SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ANY EVENT, THE MAXIMUM LIABILITY OF EGIFTER TO YOU SHALL NOT EXCEED ONE HUNDRED (100) DOLLARS OR THE AMOUNT PAID BY YOU THROUGH YOUR USE OF THE PLATFORM SERVICE DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM, WHICHEVER IS THE GREATER.
You shall indemnify and hold harmless the Indemnified Parties from and against any and all Losses incurred by any Indemnified Party arising out of or related to: (i) your use of the Platform Service; (ii) any breach or non-compliance with respect to any Term or any of our policies by you or anyone under your direction and control; (iii) any act or omission of yours or anyone under your direction or control; and/or (iv) your violation or alleged violation of any law or right of any third-party.
By using the eGifter Platform Service, you acknowledge that damages may be an inadequate remedy if you or anyone under your direction or control breaches or threatens to breach any Term and that any such breach may cause eGifter significant and irreparable injury and damage. Accordingly, you acknowledge that eGifter shall be entitled, without waiving any additional rights or remedies otherwise available to it at law or in equity or by statute, to seek injunctive relief in such event.
The Terms and this User Agreement are governed in all respects by the laws of the New York, notwithstanding any provision of law or choice of law rule which may require otherwise. If you and we have any dispute which cannot be amicably settled, it shall be settled by submission to the state and federal courts in New York, Suffolk County, and you hereby consent to the exclusive personal jurisdiction of such courts ("Jurisdiction").
If any provision of any Term is held to be invalid or unenforceable, such provision shall be struck and the remaining Terms shall be enforced, with the invalid or unenforceable provision deemed modified to the least extent necessary to make it valid and enforceable while encompassing the intent of the Terms. Any failure to act on our part with respect to a breach of any Term does not waive our right to act with respect to a continuing, subsequent, or similar breach.
You may not assign or transfer your rights under the Terms, and any attempt to the contrary shall be void and of no effect.
The Terms shall inure to the benefit of and be binding upon your and our respective successors and assigns.
Users of the Platform Service agree that they may not involve eGifter or any other Indemnified Party in any dispute, including litigation, arising out of or related to any transaction, agreement, or arrangement you may have with any other User, Retailer, or other third party arising out of or in any way related to the Platform Service ("Dispute"). If you attempt to do so you shall: (i) pay all costs and reasonable attorneys' fees incurred in connection therewith by us, any of our affiliates, or any of their respective employees, and you shall indemnify and hold harmless the Indemnified Parties from all Losses incurred by any of them as a result, and (ii) the jurisdiction for any such Dispute shall be limited to the Jurisdiction set forth above.
Any notice required or given to you under the Terms may be delivered by electronic mail at the e-mail address you provide during registration on the Site.
The Terms of this User Agreement constitute the complete and exclusive understanding and agreement between you and us relating to the subject matter hereof and supersede all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.
If you have any questions or problems with any order placed by you in connection with the Platform Service, please contact us via email at hotels-support@eGifter.com. For prompt service, please include your order number and the specific problem.