GiftPay Express Client Agreement

Our agreement with you, in plain English

What is the agreement?

You are the business using the GiftPay service for the delivery of electronic gift cards (eGifts). We are Unified Incentives USA Inc, the owner and operator of the GiftPay service. The agreement between you and us is for the supply of the GiftPay service, a service for the issuance, delivery and redemption of electronic gift cards (eGifts). By signing up for this service and sending your first eGifts, you are acknowledging and consenting to this agreement.

What do you have to be aware of when you are signing up?

Please be sure to supply us with accurate and complete information about your business. Please let us know as soon as any of these details change.

What are GiftPay's obligations and responsibilities?

We will supply you with a secure web site interface allowing you to deliver and manage eGifts.

We will provide to you or your staff technical support relating to the operation of the GiftPay service.

We will provide basic support to your eGift recipients via email and online form, including how to redeem and use a GiftPay eGift.

What are your obligations and responsibilities?

You are responsible for the accuracy of recipient email addresses. The GiftPay system tracks bounced and undeliverable emails but you are responsible for resolving deliverability issues.

You are responsible for ensuring that the email addresses and other personal details of your eGift recipients are collected and used in accordance with all relevant US legislation, including privacy and spam laws.

You are responsible for keeping your username and password confidential and secure. Please select a strong password and do not share your username and password with anyone. You will be liable to pay for all eGifts delivered using your username and password.

GiftPay eGifts must only be delivered directly to the final intended recipient, and must only be opened and used by the intended recipient. You must not deliver an eGift to yourself or your employees acting as an intermediary, with the intention of then forwarding that eGift to the intended recipient. In addition you must not open an eGift link to select a retailer or activate a gift card on behalf of the final intended recipient.

What are the costs for the GiftPay Express service?

You will need to pay for:

  • The cost of the eGifts at face value;
  • The cost of any other optional features you wish to add, such as custom header graphics;

Prices and options are available at https://www.giftpay.com/business/pricing.aspx
All prices exclude Sales Tax.

Do any other fees apply?

We reserve the right to charge a fee for any custom reporting, custom queries, data analysis, bulk actions or cancellations, investigations or any other work outside of the scope of this agreement. We will quote to you the full fee or an hourly rate in advance of commencing such work, and reserve the right to require upfront payment before that work is commenced.

How will GiftPay use the details and email addresses of your eGift recipients?

Authorised GiftPay staff have access to the email addresses of recipients and the details of eGifts and eGift deliveries, but only for the purposes of administering the GiftPay service and providing support to you and to recipients.

We will never sell or share the details of your eGift recipients with any third party.

If a recipient requests support from GiftPay, we may email the recipient in response to their support enquiry. There may also be very rare circumstances where we need to email a recipient with critical information about an issue with their eGift.

Other than in the circumstances listed above, we will never email your eGift recipients for any other reason.

We will process and store the details and email addresses of your eGift recipients in accordance with all relevant US legislation, including privacy and spam laws.

Resending eGifts

You can resend an eGift via the Reports section at no additional cost. When you resend an eGift to the same email address, a new email will be sent linking to the original eGift.

Redirecting eGifts

You can resend (redirect) an eGift to a different email address at no additional cost, but only if the original eGift has not yet been clicked or accessed. If the original eGift email has been delivered successfully, you can only redirect within 30 days of issuance. If the original eGift email has not been delivered successfully (bounced), you can redirect at any time. When you redirect an eGift the original eGift will be cancelled and a new eGift will be issued. You are not able to redirect an eGift Card to yourself or a different person in order to claim back or recoup the value of an eGift because the original recipient has not yet opened or redeemed their gift. eGifts are valid for up to 5 years and in many jurisdictions the rightful recipient's entitlement to the eGift for the full validity period is protected by law.

Cancelling eGifts

You can cancel an eGift via the Reports section, but only if the recipient has not yet opened their eGift Card. If you cancel an eGift within 7 days of issuance, the full value of the cancelled eGift will be applied to your bonus credit balance. If you cancel an eGift between 7 and 30 days after issuance, 80% of the original value of the cancelled eGift will be applied to your bonus credit balance. It is not possible to cancel an eGift Card more than 30 days after issuance. When you cancel an eGift you will be required to specify a reason for the cancellation. If a recipient tries to open or redeem a cancelled eGift, the recipient will see a message explaining that the eGift was cancelled by you and the reason you gave for the cancellation.

Bonus Credit

You may receive bonus account credit for various reasons. Bonus account credit is non-refundable and may only be used towards purchasing eGifts. Bonus account credit can only be used towards the purchase of eGifts once all deposited funds have been exhausted.

Refunds

If you wish to close your GiftPay account, you may request a refund of deposited funds that have not been used to purchase or send eGifts. The total amount available for refund at any time is calculated as the total of all funds you have deposited less the total face value of all eGifts you have sent and less the total of any other amounts you have been refunded.

A refund fee of USD$15.00 applies to each refund processed. The refund fee will be deducted from the gross refund amount and the net refund amount will be remitted as instructed. In addition, bank fees and charges may be payable in connection with the refund (such as international transfer fees).

eGift Conditions and Expiry

GiftPay eGifts have an expiry date. If the recipient of an eGift has not redeemed their eGift before the expiry date, the value of that eGift is forfeited toUnified Incentives USA Inc. Each GiftPay eGift will allow the recipient to redeem their eGift value for merchant-issued electronic gift cards, selecting from the available range. Each of the gift cards available is issued by the relevant merchant, and is subject to that merchant's terms, conditions of redemption and expiry dates. If the recipient has not redeemed their merchant-issued gift card before the expiry date, the value of that gift card is forfeited to the merchant.

Bulk URLs and API options

If you elect to use the Bulk URL and/or API features, additional terms and conditions apply to your use of GiftPay. Please refer to the Bulk URLs and API addendums to this agreement.

How reliable is the GiftPay system?

We are very confident that we have built a reliable eGift system. However, despite our best efforts, we cannot guarantee that the GiftPay system will be 100% reliable and available at all times. We also cannot be responsible for errors or issues such as network and internet errors that are out of our control.

Mutual Good Faith

We are both partners in this agreement, therefore both of us can expect that the other party will act on good faith and in the best interests of each other.

Termination

Either party to this agreement may terminate this agreement with 7 days' notice to the other party.


Bulk URLs Addendum

If you choose to use the Bulk URLs feature, this addendum will form part of your agreement with us.

The Bulk URLs feature allows you to purchase and download eGift URLs, for you to deliver to your recipients through your own delivery process.

You are responsible for securely storing and backing up your eGift URLs before they are delivered to recipients. We will not be able to replace, refund or reimburse you for lost or stolen eGift URLs.

We will provide basic support to your eGift recipients via an online form, including how to redeem and use a GiftPay eGift. However you acknowledge that as you are responsible for the delivery of eGifts, we do not know the email address of eGift recipients. As such we cannot provide support to recipients who enquire about lost eGifts or eGifts never received, as we cannot identify the rightful recipient of an eGift. In these circumstances, you are responsible for resending eGift emails to recipients who claim they have lost or never received their eGift.

If a recipient of an eGift from the Bulk URLs feature claims to have lost or never received their eGift, you are responsible for resending the eGift to the recipient.


API Addendum

If you choose to use the API feature, this addendum will form part of your agreement with us.

We will supply you with an API (Application Programming Interface) for the programmatic delivery of eGifts (the "Send" API method) or generation of eGift URLs (the "Get" API method).

You are responsible for keeping your API key confidential and secure. You will be liable to pay for all eGifts delivered using your API key.

If you use the Get API method, you are responsible for securely storing and backing up the eGift URLs before they are delivered to recipients. We will not be able to replace, refund or reimburse you for lost or stolen eGift URLs.

If you use the Get API method, you acknowledge that as you are responsible for the delivery of eGifts, we do not know the email address of eGift recipients. As such we cannot provide support to recipients who enquire about lost eGifts or eGifts never received, as we cannot identify the rightful recipient of an eGift. In these circumstances, you are responsible for resending eGift emails to recipients who claim they have lost or never received their eGift.