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PLEASE NOTE: SECTION 16 OF THESE TERMS OF USE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH PLACE4GIFTCARDS ARE RESOLVED. BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION.PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS AS A MEMBER OF PLACE4GIFTCARDS, AS WELL AS REMEDIES AND RECOURSE (INCLUDING THOSE IN SECTION 6) PLACE4GIFTCARDS MAY TAKE IN CONJUNCTION WITH YOUR USE OF OUR SITE AND SERVICES. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AS WELL AS A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.
Welcome to Place4giftcards.com and our associated mobile applications (collectively, the “Site” or “Place4giftcards”), an online marketplace for gift cards run by Place4giftcards Marketplace Inc. ( “we” , “our” , “us” or “Place4giftcards Marketplace” ). Place4giftcards allows you ( “user” , “consumer” , “Member” , “guest” , or “you” ) to Buy, redeem, store, merchandise credits, vouchers, gift codes products in electronic and physical form (collectively, “Gift Cards” ).
By clicking “I agree” on Place4giftcards or otherwise using Place4giftcards, you agree and acknowledge that you have fully read and consented to be bound by these Terms of Use (the “Terms of Use”). These Terms of Use are a binding agreement and apply to you and all registered Members, guests or other persons who access, browse and/or otherwise utilize Place4giftcards to buy Gift Cards or use any of the services available on Place4giftcards. These Terms of Use set forth your rights and responsibilities when you use Place4giftcards, so please read them closely. If you do not agree to these Terms of Use, you may not access or use Place4giftcards or any of the services provided on Place4giftcards.
We reserve the right to update, modify or discontinue any part of these Terms of Use as we deem necessary or desirable, in our sole discretion. If we make changes to the Terms of Use, we will notify you by posting notice of the changes to the Terms of Use on Place4giftcards. We suggest that you revisit our Terms of Use page on Place4giftcards from time to time to ensure that you stay informed of any changes to our Terms of Use. Your use of Place4giftcards after we update the Terms of Use and post it on Place4giftcards will constitute your acceptance of the modified Terms of Use.
There are no fees to join Place4giftcards, use many of the features on Place4giftcards or to act as a buyer of Gift Cards on Place4giftcards. You can join Place4giftcards by registering and setting up a Member Account on Place4giftcards website. Use of Place4giftcards is intended solely for Members who are 13 years of age or older. If you are under the age of 13, you are not permitted to become a Member of Place4giftcards or establish a Member Account or use Place4giftcards. In addition, if you are between the ages of 13 and 17, you may only set up a Member Account and/or use Place4giftcards under the supervision of a parent or legal guardian who registers a Member Account on Place4giftcards for you and hereby agrees to be bound by these Terms of Use with respect to your use of Place4giftcards. If you serve as a parent/guardian of a minor between the ages of 13 and 17, who seeks to become a Member of Place4giftcards and who you have helped set up an Member Account, you represent and warrant that: (i) you are a custodial parent or duly appointed legal guardian of the minor for whom you have established a Member Account; (ii) the minor is between the ages of 13 and 17; (iii) that all information you have provided in the Member Account establishment process is true and correct; (iv) that the minor you have registered has your authority to use the payment method for which you have entered on Place4giftcards for the minor’s Member Account and (v) you agree to take full legal responsibility for all activity conducted in the minor’s Member Account and to be financially responsible for all such activity.
We permit limited access to Place4giftcards and services available on Place4giftcards to guests and visitors who have not registered a Member Account. In order to access all the benefits of Place4giftcards, including the ability to buy gift Cards, you must set up a Member Account. You may only set up one Member Account on the Site. Furthermore, you must fully comply with the following requirements: (i) provide complete, current and accurate information at time of registration, (ii) update all relevant Account information to keep it current and accurate (iii) select a security code for your Member Account that is not easy to guess or hack, and (v) maintain the security and confidentiality of your Member Account, including any access or use of security codes associated with your Member Account, so as to minimize the risk of unauthorized access of your Member Account. Finally, you agree to inform Place4giftcards immediately if you suspect that your Member Account at Place4giftcards has been hacked or subject to any unauthorized access or use. You agree that Place4giftcards may verify your information through whatever lawful means it deems reasonable and appropriate, to request additional information to confirm your identity and to deny you access to Place4giftcards if it determines any information provided is suspect, not accurate or cannot be confirmed. We reserve the right to interrupt your service, your access to your Member Account, and/or your access to Place4giftcards or any services or Gift Cards offered on Place4giftcards, with or without prior notice, for any reason, at our sole and absolute discretion. In the event your Member Account or access to it is interrupted or terminated for any reason, whether intentionally or unintentionally, we will not be liable for any losses due in whole or in part by such interruption or termination of your Member Account or your access to Place4giftcards.
(a) Managing and Using Your Gift Cards on Place4giftcards, Gift Card Terms & Conditions and Your Responsibility Related to Gift Cards Stored, Used or Managed on Place4giftcards. Place4giftcards allows you to more effectively buy, store, redeem and manage your Gift Cards. Place4giftcards is not responsible for any loss or damage resulting from the loss of any Gift Card or the use of your Place4giftcards user account. The place4giftcards don’t refund Gift cards after purchase. Sometimes, due to hight orders and COVID, the company is experiencing delay in dispatching, after the purchase of Higher value gift cards it may take up to 24hrs to 48 hrs.
Gift Cards may be subject to various other terms and conditions related to a particular Gift Card, including, without limitation, various limitations as to use of the Gift Card, combination with other offers, redemption and voucher use rules, and whether a Gift Card can be used online, in store or both. These terms and conditions are generally presented with the Gift Card on the Site and you agree specifically to have read and accepted these particular terms and conditions when you agree to purchase the Gift Card in question on Place4giftcards.
Place4giftcards is not a party to any transaction that you may enter with the Retailer as a result of your purchasing a Gift Card on Place4giftcards. Place4giftcards is not responsible for the quality of goods or services you acquire from a Retailer or otherwise procure using a Gift Card acquired on Place4giftcards. If a Retailer were to go out of business or go into bankruptcy prior to your use of all the value on their Gift Card, you understand that your sole and exclusive recourse with respect to the unused value of the Gift Card for that particular Retailer is with the Retailer in question (and not Place4giftcards) and, as an unsecured-creditor, you may not be able to recoup the value of any unused Gift Card for such a Retailer.
(b) Seller’s Representations and Warranties. As a Seller, you represent and warrant that:
(c) General Rules of Conduct on Place4giftcards. By using Place4giftcards and setting up a Member Account, you agree to the following rules when visiting or transacting on Place4giftcards:
(e) Gift Card Sale Transaction Verification & Payment Processing. No Sale Transaction is complete, and Place4giftcards will not facilitate the payment of funds to a Seller for a Sale Transaction, until Place4giftcards verifies (i) other details related to the Gift Card(s) sold, (ii) the Buyer of the Gift Card(s) in the Sale Transaction. Place4giftcards reserves the right to reject any Gift Card(s) that we believe (in our sole discretion) may: (i) be fraudulent, invalid, inauthentic or stolen, (ii) have come from an unauthorized or illegal source, (iii) be related to any illegal activity or (iv) otherwise pose a financial risk to us, our Members, or Retailers.
Certain payment processing services for Place4giftcards are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms of Use or using Place4giftcards, you further agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of us enabling payment processing services through Stripe, you agree to provide us accurate and complete information about you, and if applicable, your business. You further authorize us to share all such information, including all transaction information, related to your use of the payment processing services provided by Stripe.
(f) Risk of Loss & Shipping. Place4giftcards accepts no liability for any lost or damaged packages, or packages altered in transit, whether in transit to the Buyer or in return transit to the Seller. You are responsible for properly shipping any physical Gift Cards sold on Place4giftcards to the Buyer of the Gift Card(s), in accordance with our shipping practices found on the Site. Once a Sale Transaction has been confirmed through our confirmation process and the Gift Card’s title is transferred to the Buyer, the Buyer is then fully responsible for Gift Card.
(h) Payment Options & Fees for Buyers and Sellers.
Buyers: When you make a purchase on Place4giftcards, on the website, Place4giftcards accepts various forms of payment, including credit cards, debit cards, credit provided by us in your Member Account, however it is your responsibility to retain the relevant payment card (if any) for purpose of any refund transaction from Place4giftcards. By making the purchase on Place4giftcards, you warrant that you are authorized to use the designated debit or credit card or other payment method and you authorize us to charge your designated credit or debit card or other payment method for any order you place on Place4giftcards. When you provide your payment information, you authorize us (or a third-party payment processor) to process and store your payment and related information. In the event that the designated credit or debit card or other payment method cannot be verified, is invalid or is otherwise not acceptable to Place4giftcards, we may (i) suspend or cancel your order automatically, (ii) prohibit you from buying Gift Cards on Place4giftcards until a valid, verifiable credit/debit card is on file with your Member Account and/or (iii) suspend or terminate your account on Place4giftcards. Payment card processing fees may apply even if the designated debit or credit card has expired or changed by the time, we submit the charges to your card. We are not responsible for any debit card or overdraft fees associated with any order you use a debit card for. You agree to fully cooperate with Place4giftcards to resolve any problems we encounter in order to process your requested order on Place4giftcards.
You can use Place4giftcards only for its intended purposes and solely in accordance with these Terms of Use. Subject to your full compliance with these Terms of Use, Place4giftcards grants you a limited, nonexclusive, non-sublicensable license to access and use Place4giftcards solely for the purpose of purchasing or managing Gift Cards or receiving other available services and features on Place4giftcards. This limited use and access license is revocable at any time by us. Your Member Account with Place4giftcards and any access to the products, services and/or any portion of our Site, including any of our mobile applications, is and shall remain at the sole and absolute discretion of Place4giftcards. Therefore, we reserve the right to temporarily or permanently terminate, suspend, or refuse to permit your access to any portion of Place4giftcards (including any of our mobile applications and your Member Account) and any of the services provided on Place4giftcards for any reason, all at our sole and absolute discretion, with or without notice and without liability to you of any kind. You further agree that you will remain bound to the terms of these Terms of Use at all times during any suspension and after termination of your Member Account or access to Place4giftcards, with respect to any purchase or sale transactions, occurrences or acts or omissions on your part prior to or during the suspension, or prior to termination. We reserve the right to terminate or change any of the services available on Place4giftcards.
In connection with using or accessing Place4giftcards (including your Member Account), whether via the website you agree not to do, and not to facilitate any third party doing, any of the following (each a “Prohibited Activity” ):
(a) Modify, alter or otherwise make any derivative uses of the Place4giftcards content, trademarks, technology platform or its underlying software, or any portion thereof;
(b) Copy, reverse engineer, decompile, disassemble or attempt to discover the source code of the Place4giftcards technology platform or its underlying software;
(c) Use any automated or non-automated means of data gathering, data mining or extraction methods on or in connection with Place4giftcards, including any use of “robots”, “scrapers”, “spiders”, “readers” or similar devices;
(d) Infringe upon or violate the rights of Place4giftcards, its users, third parties or Retailers;
(e) Download, copy or imitate any portion of the Place4giftcards technology platform, its underlying software and content, or its user interface, or the Site, except as expressly permitted by Place4giftcards;
(f) Use Place4giftcards in any way that could damage, disable, overburden, place excessive demand on or impair our Site, mobile applications or any services we offer via Place4giftcards;
(g) Attempt to gain unauthorized access to (i) any Member’s personal information, personal profile (ii) Place4giftcards not limited to any Place4giftcards accounts, computer systems and/or network systems, through any means, including via a proxy server, or use any unauthorized access whether or not intentionally acquired;
(h) Aggregate or scrape any content, data or other information from the Site (whether using links, scraping technology or other technical means) to be aggregated or shown with material from other sites or on a secondary site without our express written permission;
(i) Hyperlink to the Site or deep link to any portion of our Site without our written consent;
(j) Interfere with our operations, attempt to access or steal any data and information on or related to the Site;
(k) Seek to transact any fraudulent or illegal activity, through any means or corrupt practices, including but not limited to any of the following: hacking, password mining, deceptive impersonation of another person, misrepresentation of your affiliation with a person or entity, hiding or attempting to hide your true identity or location (including via proxy server or otherwise) or providing false, inaccurate or altered documentation, information or identification;
(l) Circumvent or seek to circumvent any security measures or other features meant to protect the security of the Site and Place4giftcards Members’ security;
(m) Make any unsolicited offers, advertisements, proposals, or send junk mail, spam or chain letters to other Place4giftcards users or any other similar type of solicitation not approved of by Place4giftcards in writing;
(o) Send or receive what we reasonably believe to be potentially fraudulent funds or otherwise use Place4giftcards in a manner that we believe is intended to facilitate a criminal or fraudulent activity or enterprise;
(p) Seek to access or use Place4giftcards from a country other than the UK;
(q) Use the Site in a manner that results in or may result in complaints, chargebacks, customer refunds, invalid Gift Cards, fees, penalties or other liability to Place4giftcards Marketplace, its other members or partners;
(r) Make any fraudulent, improper or false refund request or claim under the Place4giftcards refund policy or any similar customer guarantees provided by us from time-to-time;
(t) Engage in, or be involved in, any criminal and/or fraudulent activities, including not limited to, the following with regard to any Gift Cards bought and/or sold on Place4giftcards: (i) the use of any fraudulent or unauthorized payment method to acquire Gift Cards on Place4giftcards; (ii) provision of fraudulent, invalid, stolen or improperly obtained Gift Cards for sale on Place4giftcards or (iii) the use of Gift Cards to perpetrate or facilitate any other criminal activity; and
(u) Use Place4giftcards other than for its intended purposes (including for any malicious, threatening, unethical, harassing, fraudulent or illegal activity) or otherwise in violation of these Terms of Use.
(a) General. You are responsible for all chargebacks, fees, fines, penalties and other liabilities incurred by us, any Member, a Retailer or any third party caused by or arising out of your breach of these Terms of Use, any Prohibited Activity and/or your use of Place4giftcards.
(b) Actions We May Take – Related to Prohibited Activity or Any Breach of these Terms of Use. If Place4giftcards, in its sole discretion, believes that you have breached these Terms of Use or engaged in any Prohibited Activity, we take various actions to protect Place4giftcards, our Members, Retailers or others from claims, refunds, chargebacks, fees, fines penalties or any other liabilities or exposure. The actions we may take include, without limitation, the following:
(c) Actions We Take – Holds and Reserves on Funds and your Member Account. i. Legal Process & Court Orders. We may, in our sole discretion, take various actions, including placing a hold, reserve or other limitations on your Member Account or the funds or credits in your Member Account in the event we receive notice of a court order or other legal process that restricts the use of or access to your funds or requires their holding, release, or seizure. We will provide notice of such hold, reserve or limitation, unless the court or law enforcement otherwise directs us not to provide you notice, in which case the court order or other process will supersede any notice obligation in these Terms of Use In addition, in the event we receive a notice of garnishment, lien or levy on your Member Account directing us to retain funds or directing us to pay funds from your Member Account to a court, government body, agency or third party, we may limit your Member Account, hold relevant funds and ultimately disburse funds as necessary. ii. Invalid Cards, Risk-Based and Verification Reasons. We may, in our sole discretion, place holds on payment of funds to you or reserves on funds in your Member Account, under the following circumstances: (A) as we investigate any Invalid Cards (as defined below), any Gift Card refund requests, or any potentially illegal or fraudulent activity or any Prohibited Activity, (B) if we believe there may be a high level of risk associated with you, your Member Account or your transactions on Place4giftcards, (C) until we have been able to complete certain verification procedures relate you and the processing of your Sales Transactions (including third party processor verification requirements) and below. Our determination that you are a higher risk account may be based on a variety of factors, including your activity on Place4giftcards and information we may receive from third parties or otherwise. If we place a reserve or hold on funds in your Member Account, you will be informed of such reserve or hold. If your Member Account is subject to a reserve, we will provide you notice of this reserve, specifying the terms of the reserve or the policy under which such reserve is being placed.
(d) Our Right to Reverse Refunds. In the event Place4giftcards determines, in its sole discretion, that you have mistakenly, improperly or fraudulent sought and received a refund for a Gift Card purchased on Place4giftcards under our then current refund policy, you authorize Place4giftcards to charge your payment method on file (credit card) with Place4giftcards or debit your Member Account the full amount of any such improper Gift Card refund(s) requested by you. Furthermore, in this circumstance, Place4giftcards reserves the right to suspend or terminate your Member Account on Place4giftcards.
(f) Dispute of any Place4giftcards Recourse. In the event you believe in good faith that there may have been an error in our assessment of any fees, charges or other permitted recourse to your Member Account associated with a Gift Card purchased on Place4giftcards (including the recourse in this Section 6), you may contact Place4giftcards Member Services (which information is available on our Site) or your account manager, if applicable. You must provide us with all relevant information to support the reason you believe the recourse we took with regard to your Member Account or a particular Gift Card you bought on Place4giftcards was not warranted and we will then, at our discretion, engage in further investigation of the particular matter (to the extent possible) to determine if there was any error in our assessment of any fees or charges to your account or any other similar permitted recourse hereunder. You hereby agree to fully cooperate with Place4giftcards in any such further investigation and to only provide us with full and truthful information. Place4giftcards will communicate its determination (after any such investigation) in accordance with its then existing policies and procedures. The timing and terms of any additional investigative process will be entirely dependent upon our then current policies and procedures related to such matters, which may change from time-to-time. You further agree that Place4giftcards’s determination after such additional investigation (to the extent possible) is final.
Unless otherwise indicated by us, the Place4giftcards Site and all content and other materials therein, including, without limitation, the Place4giftcards trademarks, logos and all other Place4giftcards designs, text, graphics, pictures, information, data, software, sound files, other files made available on Place4giftcards and the selection and arrangement thereof, and any documentation provided to you by or on behalf of Place4giftcards (but excluding any and all trademarks, service marks or other intellectual property of Retailers found on Place4giftcards) are the exclusive property of Place4giftcards. “Place4giftcards” and the Place4giftcards logo and any related slogans are Place4giftcards’s trademarks in the United Kingdom and may not be copied or used without the prior written permission of Place4giftcards. Unless explicitly stated by us, nothing in these Terms of Use shall be construed as conferring any ownership in or license to any intellectual property rights, whether by estoppel, implication or otherwise. All trademarks not owned by Place4giftcards that appear on this Site are the property of their respective owners. Reference to any products, services, merchants or retailers available on Place4giftcards does not constitute or imply any endorsement, sponsorship or recommendation by Place4giftcards. By posting or uploading any information, content or material to Place4giftcards’s Site, you hereby agree to the following: You hereby grant Place4giftcards an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said information, content or material and to grant and authorize sub-licenses of the foregoing. You hereby grant Place4giftcards all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction or exploitation of the information, content or material by any party for any purpose.
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Place4giftcards may also terminate or suspend the account of any member who infringes any intellectual property rights of a third party, whether a repeat infringer or not. If you believe that any user content on Place4giftcards infringes upon any copyright that you own or otherwise control, you may file a notice of such infringement with our Designated DMCA Agent identified below, with the following information in writing: (i) a physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Designated DMCA Agent: Attn: DMCA Copyright Agent, Place4giftcards Marketplace Inc, Branston Court, Branston Street, Birmingham, West Midland, United Kingdom, B18 6BA
Email: support@place4giftcards.comPlace4giftcards may link to third-party websites, services, and mobile applications (“Other Websites”). These links are provided as a convenience to you and not because we endorse these Other Websites. We are not responsible for the content or the accuracy of materials on these Other Websites, or the privacy practices of these Other Websites. If you decide to access any Other Website, you do so at your own risk, and we are not responsible for any damages or liabilities caused or alleged to be caused by any use of the Other Websites.
We take the privacy of your personal data seriously. We encourage you to read our Privacy Policy for disclosures about how we may collect, use and share personal data and the choices you may have with respect to the data we may collect and use. Our Privacy Policy is incorporated into these Terms of Use and is available Privacy Policy.
When you use Place4giftcards or otherwise send emails to Place4giftcards, you are communicating with us electronically and you consent to receive electronic communications related to your use of Place4giftcards, including push notifications. We will communicate with you by email, push notification or by providing notices on the Site. You agree that any communication we may send you via email or push notification will satisfy any legal requirement that any such communication be in writing. Any notice delivery by Place4giftcards via email will be effective when sent to the email address you provided to Place4giftcards or from which you otherwise email us. You further agree that you are responsible for maintaining an active email account on file with your Member Account and for any spam-filters (or similar content blockers) that may impact a Place4giftcards communication to you.
YOU EXPRESSLY AGREE THAT YOU ARE USING THE SITE AND ANY SERVICES OFFERED BY US AT YOUR OWN RISK AND THAT THE SITE AND SERVICES AVAILABLE ON THE SITE ARE PROVIDED “AS-IS” AND “AS-AVAILABLE”. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, PLACE4GIFTCARDS DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE SITE, INFORMATION CONTAINED ON THE SITE OR ANY OF THE GIFT CARDS OR OTHER OFFERINGS AVAILABLE ON THE SITE OR ANY OTHER PROGRAMS AVAILABLE OR ACCESSIBLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES NON-INFRINGEMENT, MERCHANTABILITY, SUITABILITY, UP-TIME, OR FITNESS FOR A PARTICULAR PURPOSE. PLACE4GIFTCARDS MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS FREE OR ERROR FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PLACE4GIFTCARDS OR ANY REPRESENTATIVE OF PLACE4GIFTCARDS WILL CREATE A WARRANTY OR OBLIGATION ON THE PART OF PLACE4GIFTCARDS OR SUPERCEDE ANY OF THESE TERMS OF USE. PLACE4GIFTCARDS IS NOT THE ISSUER OF THE GIFT CARDS SOLD ON PLACE4GIFTCARDS AND IS NOT RESPONSIBLE FOR WHETHER OR HOW A PARTICULAR RETAILER HONORS SUCH GIFT CARDS, PARTICULARLY IN THE CIRCUMSTANCE WHEN A RETAILER GOES OUT OF BUSINESS OR IS IN BANKRUPTCY OR LIQUIDATION. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT YOU WILL NOT SEEK RECOURSE AGAINST (AND HEREBY WAIVE ANY AND ALL CLAIMS AGAINST) PLACE4GIFTCARDS IN THE CIRCUMSTANCE THAT A RETAILER DOES NOT HONOR A GIFT CARD BECAUSE IT IS UNABLE TO PAY ITS DEBTS, GOES OUT OF BUSINESS, LIQUIDATES, GOES BANKRUPT, OR OTHERWISE REORGANIZES. FURTHERMORE, PLACE4GIFTCARDS IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM LOST OR STOLEN GIFT CARDS IN YOUR MEMBER ACCOUNT OR
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL PLACE4GIFTCARDS, IT SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, MERCHANTS, LICENSORS OR PARTNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ON ACCOUNT OF LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOST BUSINESS ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH (I) THE USE OF THE SITE, THE SITE AND/OR MEMBER CONTENT, INCLUDING ANY PERSONAL INFORMATION, (II) THE USE OF THE SERVICES ON THE SITE (OR INABILITY TO USE THE SERVICES), (III) THE MARKETING, PURCHASE OR SALE OF ANY GIFT CARDS ON THE SITE, AND (IV) ANY SERVICES OR OFFERINGS PROVIDED BY ANY THIRD PARTIES ACCESSIBLE FROM OR THROUGH THE SITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY(INCLUDING, CONTRACT, TORT, WARRANTY, STRICT LIABILITY, ETC.) AND EVEN IF PLACE4GIFTCARDS WAS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PLACE4GIFTCARDS’S TOTAL LIABILITY TO YOU, WHETHER IN CONTRACT, TORT, WARRANTY OR ANY OTHER THEORY OF LAW, ARISING UNDER THESE TERMS OF USE OR ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SITE AND/OR SERVICE PROVIDED VIA THE SITE EXCEED $200 IN THE AGGREGATE. YOU AGREE THAT ANY CAUSE OF ACTION HEREUNDER MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. BECAUSE CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS IN CERTAIN CONTEXTS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold us (and our affiliates, subsidiaries and our and their respective officers, directors, employees and agents (collectively with Place4giftcards Marketplace, Inc. the “Indemnified Parties”)) harmless from any claim or demand made by any third party due to or arising out of or related to: (i) your breach of these Terms of Use, (ii) your improper use of the Site or Place4giftcards’s services, (iii) your violation of any third parties’ intellectual property rights, (iv) your intentional misconduct, fraudulent acts or gross negligence, (v) any content you provide on the Site or (vi) your violation of any applicable law, including any applicable tax laws. You agree to pay any and all losses, costs, damages and expenses (including reasonable legal fees and expenses) (collectively “Damages”) for which any Indemnified Party is found liable in respect of any such claim or demand and to reimburse each Indemnified Party immediately for any Damages that the Indemnified Party has directly incurred, suffered or paid. You hereby recognize that Place4giftcards is not the issuer of any Retailer Gift Card sold on Place4giftcards.To the extent permitted under applicable law, you agree to release Place4giftcards from any claim or liability arising out of or related to (x) how and whether a Retailer honours its Retailer Gift Card(s) purchased on Place4giftcards and (z) any Retailer’s failure to honour a particular Retailer Gift Card purchased by you on Place4giftcards.
(a) Force Majeure Place4giftcards shall be excused from performance under these Terms of Use, to the extent it is delayed or prevented from performing, as a result of any event or series of events caused by: (i) weather conditions or elements of nature or acts of god, (ii) acts of war, terrorism, insurrection, riot, political unrest, (iii) labour strikes, (iv) embargoes, (v) error or disruption to computer hardware, networks or software failures or of third party providers or (vi) other causes beyond the reasonable control of Place4giftcards. (b) Entire Agreement These Terms of Use, including the Privacy Policy and other terms incorporated by reference, constitute the entire agreement and understanding between you and Place4giftcards with respect to the subject matter covered and supersedes any prior agreements, whether in writing or oral, with respect to such subject matter. (c) Assignment These Terms of Use are not assignable, transferable or sublicensable by you except with Place4giftcards’s prior written consent. Place4giftcards may transfer, assign or delegate these Terms of Use and its rights and obligations hereunder without consent. (d) Severability & Subject Headings To the extent that any term is deemed invalid or unenforceable by a court of law with jurisdiction over the matter, that term shall be severable and not affect the validity of remaining terms. The section headings used herein are for convenience only and shall be of no legal force or effect. (e) Notice Any notice to the Site that is required or permitted by these Terms of Use shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to support@place4giftcards.com, when delivered in person by nationally recognized overnight courier, or when mailed by first class, registered or certified mail, postage prepaid, to Place4giftcards Marketplace Inc, Branston Court, Branston Street, Birmingham, West Midland, United Kingdom, B18 6BA