Terms of service
Last revised 5/1/2012
GiftRocket Terms of Service
The following describes the terms on which GiftRocket, Inc. offers you access to our site and services
- GiftRocket is a website where users can send others monetary gifts.
- Your Experience with Other Users. You are solely responsible for your interactions with other users of our Services. We will not be responsible for any damage or harm resulting from your interactions with other users of our Services. We reserve the right to monitor interactions between you and other users of our Services and to take any other action in good faith to restrict access to or the availability of any material that we or another user of our Services may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.
- Release. By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users will be limited to a claim against the particular user or users who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from GiftRocket. You release GiftRocket from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your communication or interaction with other users on the Site. As set forth in Section 17, interpretation of this agreement is governed by the laws of the State of Delaware and the United States of America.
Site Rules and Restrictions. In connection with your use of our Services, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements;
- "stalk" or harass any other user of our Services or collect or store any information about any other user other than for purposes of transacting as an GiftRocket user;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information or otherwise interact with the Service or the Site;
- advocate, encourage, or assist any third party in doing any of the foregoing.
The foregoing is merely a list of examples of prohibited conduct. GiftRocket reserves the right to cancel a user account or take other appropriate actions in its sole discretion in response to any inappropriate conduct, or for no reason at all.
GiftRocket reserves the right to cancel purchases without notification or reason.
Content Restrictions. You are solely responsible for any content that you submit, post or transmit via our Services. You may not post or submit any content that:
- infringes the copyright, trademark, or other intellectual property rights of any person;
- is defamatory;
- contains nudity or sexually explicit content, or is otherwise obscene;
- may disparage any ethnic, racial, sexual, religious, or other group by stereotypical depiction or otherwise;
- depicts individuals under 18 years of age;
- depicts or advocates the use of illicit drugs;
- makes use of offensive language or images;
- characterizes violence as acceptable, glamorous or desirable; or
- provides a link to any other websites.
- No Obligation to Post Content. We have no obligation to post any content from you or anyone else. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.
In using our Services, you may be exposed to content and information from other users or third parties ("Third-Party Content"), either at our Site or through links to third-party websites. We do not control, and shall have no responsibility for, Third-Party Content, including material that may be unlawful, misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate the veracity of, and bear all risks associated with your exposure to, Third-Party Content.
Payment and transmission
- Payment Logistics. If you purchase a gift, you will be asked to provide your credit card information and billing address. We, or our payments provider, will obtain a pre-authorization for the total amount of the gift to ensure that you have the necessary amount of funds available to cover the transaction, but will not charge your card at that time. Soon after, your card will be charged the full balance after we review the transaction. A special purpose account will be opened in your name. For more information see the Account Holder Agreement.
- Cancellation and Refunds. If you are unhappy with a gift you've sent, GiftRocket will return the balance of the special purpose account to you. Contact email@example.com with cancellation requests.
- Risk of loss. Neither we nor our banking partners are not responsible if a GiftRocket is lost, stolen, destroyed, or used without your permission.
- Taxes. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors.
- Fee Structure and Schedule. You understand that GiftRocket charges a service fee at the time of purchase. This fee is not recoverable and will not be applied towards the balance in the special purpose account opened for you. You also understand that the amount of the service fee may vary substantially during the lifetime of the product, and therefore you may be charged different service fees at different times. Furthermore, you also understand that if your GiftRocket special purpose account has no activity after 12 continuous months, you understand that the account will be considered dormant, and may be subject to account maintenance fees of $10.00 per month.
- Our Intellectual Property. Material on our Site (with the exception of Third-Party Content) is protected by rights of publicity, copyright, trademark, trade secret, and other proprietary rights and intellectual property laws as applicable. Except as expressly authorized by us, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material. "GiftRocket," and "www.giftrocket.com" are trademarks of GiftRocket Inc. protected by federal and state law; you agree not to use such marks for any purpose, including but not limited to as metatags on other websites, in written materials or otherwise.
- Our Use of Our Intellectual Property. You may not systematically retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise. You may not display any portion of our Site in a frame (or any content from our Site through in-line links) without our prior written consent, which may be requested by contacting us at firstname.lastname@example.org. You may, however, establish ordinary links to the homepage of our Site without our written permission, and you may make use of embedded HTML "widgets" if we have provided the HTML code.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to our Services, (b) deactivate or delete any of your accounts and all related information and files in such accounts and (c) bar your access to any of such files or Services.
Modification of Services
We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
You shall use our Services in a manner consistent with any and all applicable local, state, national and international laws and regulations.
Disclaimer of Warranties
- If you use our services, you do so at your sole risk. You acknowledge and agree that GiftRocket does not check any recipient's background or record. our services are provided on an "as is" and "as available" basis. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- We do not warrant that (a) our services will meet your requirements; (b) our services will be uninterrupted, timely, secure, or error-free; (c) any information that you may obtain through our services will be accurate or reliable; (d) the quality of any products, services, information or other material purchased or obtained by you through our services will meet your expectations; or (e) any errors in any data or software will be corrected.
- If you access or transmit any content through the use of our services, you do so at your own discretion and your sole risk. you are solely responsible for any loss or damage arising out of such access or transmission.
- No data, information or advice obtained by you in oral or written form from us or through or from our services will create any warranty not expressly stated in these terms.
Limits on Liability
- We shall not be liable for damages of any kind (including, but not limited to, any direct, incidental, general, special, consequential, exemplary or punitive damages) even if we have been advised of the possibility of such damages, arising from or relating to: (a) the use or inability to use our services; (b) harm or damage to your property as a result of using our services; (c) disclosure of, unauthorized access to or alteration of your content; (d) any harm to you caused in whole or part by a third party, including but not limited to another user of the services; (e) statements, conduct or omissions of any user or other third party on our services; or (f) your or anyone else's conduct or acts in connection with the use of the services, including without limitation from interactions with other users of our services or persons introduced to you by our services, whether on-line or off-line.
- We shall not be liable for any failure or delay in performing under these terms due to causes beyond our reasonable control, including but not limited to acts of nature and power, internet, and email discontinuity.
- Except as set forth in section 18, in no event will our aggregate liability to you or any third party in any matter arising from or relating to with our services or these terms exceed the sum of one hundred U.S. dollars ($100).
You shall indemnify and hold us (and each of our officers, directors, and employees) harmless from any third-party claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to your use of our Services or alleging facts or circumstances that, if true, could constitute your breach of any of these Terms. We will control any such defense and related settlement and you will reasonably assist us therewith at your expense.
If you receive a GiftRocket gift from someone who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, or who engages in any other disturbing conduct, you should report such person to the appropriate authorities and then to us at email@example.com; provided that your report shall not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
Jurisdiction and Venue
These Terms shall be interpreted in accordance with the laws of the State of Delaware and the United States of America, without regard to conflict-of-law principles.
These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. We may assign our rights and delegate our obligations under these Terms in whole or part to a third party.
Account Holder Agreement
This document constitutes the agreement (“Agreement”) between you and Four Oaks Bank & Trust Company (“Four Oaks,” “we,” or “us”) outlining the terms and conditions under which a GiftRocket Account (“Account” or “Special Purpose Account”) will be opened in your name and its relationship to GiftRocket, Inc. (“GiftRocket”). By opening this Account, you agree to be bound by the terms and conditions contained in this Agreement.
We may amend this Agreement at any time by posting a revised version on the GiftRocket website, http://www.giftrocket.com, (“Revised Agreement”). The Revised Agreement will be effective at the time we post it.
Opening a new account
To help the government fight the funding of terrorism and money laundering activity, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. What this means to you: When you open an account we may ask for your address, date of birth, social security number and/or other information that allows us to identify you.
Your GiftRocket account
A Special Purpose Account will be established for the purpose of holding funds until such time as they are (i) the funds are delivered as directed by you; (ii) funds are returned to you; or (iii) your account account becomes dormant with a zero balance. Your Special Purpose Account is a limited purpose account and will not bear interest. You can make electronic fund transfers to and from your Special Purpose Account only as provided in this Account Agreement. You may not write checks against it or make in-person withdrawals at our offices or other locations. You may at any time direct that your Special Purpose Account be closed and that any funds remaining in your Special Purpose Account, after the deduction of any accrued fees or payments, be returned to you. You may not use your Special Purpose Account for any illegal purpose or in connection with internet gambling transactions.
You designate GiftRocket as your agent for purposes of providing funds transfer and disbursement instructions to us in accordance with this agreement. We may act upon the instructions provided by GiftRocket, without inquiry, as though such instructions came directly from you. You authorize us to provide information about your Account to GiftRocket to make payment(s) in the specific amount directed by you or GiftRocket.
You will be required to name a beneficiary for your Account (the “Recipient”) in order to designate who will receive the funds held in your Account ( the “Funds”). Once the Recipient has performed the required obligations in accordance with the rules applicable to the GiftRocket program, we will transfer some or all of your Funds to an account designated by the Recipient.
Features of the account
- Account Activation. Your Account will be activated when you transfer funds into it in accordance with the rules applicable to the GiftRocket program.
- Account Limits. We may, at our discretion, impose limits on the amount of money you can send through your Account. The maximum amount that can be sent from your Account is $1000 per person, per day, up to a maximum of $5000 per month.
- Payment Method. You may open your Account by using any form of payment acceptable to us to fund your Account.
- Bank Transfers. You authorize us to make electronic transfers via automated clearing house debit (ACH) from your account for the purpose of transferring funds per your instruction subject to any rules applicable to the GiftRocket Terms of Service. Your agreement to this contract constitutes your authorization to us to make these transfers. Once the authorization for the transfer has occurred, the electronic transfer cannot be cancelled. We are not required to monitor or question the instructions that we receive from you or GiftRocket. Other account transfer restrictions may be described elsewhere.
- Refused and Refunded Transactions. From time to time a Recipient may be unable to accept transferred funds, whether because (1) incorrect account information has been provided for the Recipient, or (2) for some other reason beyond our control. You agree that you will not hold us liable for any damages resulting from a Recipient’s inability to accept funds transferred by us. Any unclaimed, refunded or denied Funds will be returned to your Account and continue to be subject to the rules of the GiftRocket program.
- Accuracy of Information. You are responsible for confirming the accuracy of the information you provide about each payment you send, including the email address or telephone number of the Recipient and the amount of the transaction.
- GiftRocket Mobile. If GiftRocket allows you to access certain GiftRocket program-related services through your mobile phone (“GiftRocket Mobile”), by your use of GiftRocket Mobile, you agree to be responsible for any fees that your phone service provider charges, such as fees for SMS, data services and any other fees that your phone service provider may charge.
- Dormancy and Inactive Account Closure. At our discretion, your account may be closed if it is deemed inactive. For the purposes of this agreement inactive shall be defined as three (3) or more months of zero balance AND no account activity.
Account balance / timely review
You are responsible for keeping track of your Account’s available balance. Statements of transactional history in electronic format will be made available to you free of charge on your GiftRocket gift page. You agree to notify us promptly of any erroneous, improper or unauthorized transactions involving your Account funds. You agree that in no event will we or our agents be held liable for special, incidental, consequential, exemplary or punitive damages unless applicable law provides otherwise. Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty or right arising under this agreement or by law with respect to your Account funds or the Transfer Service must be commenced no later than one (1) year after the day the cause of action accrues.
Amendments, termination, and assignment
We may amend this Agreement at any time by posting a revised version on the GiftRocket website(s), http://www.giftrocket.com (“Revised Agreement”). The Revised Agreement will be effective at the time we post it. We will give you reasonable notice by any method required by law.
We may also close this Account at any time upon reasonable notice to you and tender the Account balance personally or by mail. Items presented for payment after the account is closed may be dishonored. When you close your Account, you are responsible for leaving enough money in the Account to cover any outstanding items to be paid from the Account. Reasonable notice depends on the circumstances and, in some cases such as when we cannot verify your identity or we suspect fraud, it might be reasonable for us to give you notice after the change or Account closure becomes effective. For instance, if we suspect fraudulent activity with respect to your Account, we might immediately freeze or close your Account and then give you notice. You agree to keep us informed of your current address at all times. Notice from us to any one of you is notice to all of you. If we have notified you of a change in any term of your account and you continue to have your Account after the effective date of the change, you have agreed to the new term(s).
You agree that we may at any time assign our rights and obligations under this Agreement to any assignee and in such event this Agreement will remain in full force. This Account may not be transferred or assigned by you without our prior written consent.
This Agreement sets forth the entire understanding and agreement between you and us, whether written or oral, with respect to its subject matter and supersedes any prior or contemporaneous understandings or agreements with respect to their subject matter.
If any of the terms of this Agreement are invalid, or declared invalid by order of court, change in applicable law, or regulatory authority, the remaining terms of this Agreement shall not be affected and this Agreement shall be interpreted as if the invalid terms had not been included in this Agreement.
Governing law / jurisdiction
This Agreement will be governed by federal law and, to the extent federal law does not apply, by the laws of the State of North Carolina.
Conflicting or unclear instructions
If we receive conflicting instructions from you and GiftRocket, we will follow your instruction. If we are uncertain regarding the ownership of Special Purpose Account funds, your identity, or the authority of any person to give Special Purpose Account instructions, or if we believe that a Special Purpose Account transaction may be fraudulent or may violate any law, or if the instructions we receive appear, in our sole discretion, to be unclear in any way, we may: (i) freeze your Special Purpose Account and refuse any further transactions until we receive written proof, in form and substance satisfactory to us, of each person’s right and authority over the Special Purpose Account funds, (ii) refuse the transaction in question; (iii) require your signature for the transaction in question; (iv) request instruction from a court of competent jurisdiction; or (v) continue to honor previous instructions received from you (directly or through GiftRocket) pending confirmation or clarification. We are not obligated to assert such rights or to notify you or GiftRocket in advance of exercising such rights.
ACH and wire transfers
This agreement is subject to Article 4A of the Uniform Commercial Code - Fund Transfers as adopted in the state in which you have your Account with us. If you originate a fund transfer for which Fedwire is used, and you identify by name and number a beneficiary financial institution, an intermediary financial institution or a beneficiary, we and every receiving or beneficiary financial institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person or account other than the one named.
You agree to be bound by automated clearing house association rules. These rules provide, among other things, that payments originated by you, are provisional until final settlement is made through a Federal Reserve Bank or payment is otherwise made as provided in Article 4A-403(a) of the Uniform Commercial Code. If we do not receive such payment, we are entitled to a refund from you in the amount credited to your account and the party originating such payment will not be considered to have paid the amount so credited. If we receive a payment order to credit an account you have with us by wire or ACH, we are not required to give you any notice of the payment order or credit.
If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here’s how: Call 1-800-GIFTROCKET, or write us at firstname.lastname@example.org, in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. We will charge you a fee as shown in the Fee Schedule for each stop-payment order you give. If you order us to stop one of these payments three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
Crediting and payment holds
If you have arranged to have direct deposits made to your Special Purpose Account at least once every 60 days from the same person or company, we will credit the amount of the transfer as of the date the funds for the transfer are received. Funds that are deposited to your Special Purpose Account by debit entry from your Primary Account may be subject to a hold of up to six (6) days to ensure good funds. A deposit credit is only temporary and is subject to potential reversal until final payment is confirmed. If we give you provisional credit for an automated clearing house (ACH) transfer, but do not receive final payment, you agree to pay us the full amount by other means without prior notice or demand.
Tell us at once if your statement shows transfers that you did not make by writing to email@example.com. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
Postdated checks, restricted endorsement checks and other disputed or qualified payments
We can accept postdated deposit checks without losing any of our rights under this agreement. (A postdated check is a check dated later than the day it was actually presented for deposit.) We are under no obligation to hold a postdated check and we reserve the right to process every item presented as if dated the same date received by us or our check processor unless you give us adequate notice and a reasonable opportunity to act on it. Except where such notice and opportunity is given, you may not hold us liable for depositing any postdated check. You agree not to send us checks marked “paid in full,” “without recourse,” or similar language. If you send such a check, we may accept it without losing any of our rights under this agreement. All notices and written communications concerning postdated checks, restricted endorsement checks (including any check or other payment instrument that indicates that the payment constitutes “payment in full” of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount) or any other disputed, nonconforming or check, must be mailed or delivered to: BancBox Customer Disputes, P.O. Box 25539, San Mateo, CA. 94402.
If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance, through no fault of ours, if you do not have enough money in your account to make the transfer or circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
We shall not be liable for any loss, expense, failure to perform, or delay caused by failure of communication systems, accidents, strikes, fire, flood, war, riot, civil strife, terrorist attack, earthquake, power outage, funds transfer system or government rules, acts of third parties, or any cause that is beyond our reasonable control.
You authorize us to listen to and record telephone calls between you and us to evaluate the quality of our services or for any other lawful purpose.
Communicating with you; consent to contact by electronic and other means
In case of errors or questions about your electronic transfers
Telephone us at 1800 GiftRocket, or write us at firstname.lastname@example.org as soon as you can, if you think your account balance is wrong or if you need more information about a transfer listed on the account. We must hear from you no later than 60 days after the FIRST day on which the problem or error appeared in your account.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.
For errors involving new accounts, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
Consent to electronic disclosures
By electronically signing, you agree that we may provide all disclosures, statements, notices, privacy policies, and other communications related to the Account Agreement, the Transfer Service or your Account, including disclosures required by law (collectively, “Electronic Communications”) electronically. We will notify you when a new Electronic Communication has been posted on our website at www.giftrocket.com. When you receive the notification, you agree to promptly visit our website to view the Electronic Communication. You may log in to our website using the login and “Password” information you established at the time of purchase. “Password” means the security code and/or other method of authentication that you are provided to access Special Purpose Account information electronically. You agree not to disclose your Passcode to others and to keep it secure. You also agree that your use of your Passcode constitutes, and you intend it to constitute, your electronic or digital signature on any document or record where your signature is requested or required. By logging in to our website and using your Passcode, you demonstrate that you can access information that we post on our website.
Upon your request, we will send you a paper copy of any material provided electronically pursuant to this consent. There is no charge for initial paper copies. You have the right to withdraw consent but if you do, we may terminate the Account Agreement. To withdraw your consent to electronic disclosures, update your electronic mail address or request paper copies, email email@example.com
To access and retain communications, you must meet at least the following requirements: (i) a personal computer or equivalent device capable of connecting to the Internet via dial-up, DSL, Cable Modem, Wireless Access Protocol, or equivalent, and that supports the following requirements; (ii) an Internet Browser that supports HTML 4.0 and SSL-encryption, such as Google Chrome 2.0 or later; and (iii) a means to print or store notices and information through your browser software. All communications in either electronic or paper format from us to you will be considered “in writing.” Please print or download a copy of any Electronic Communication that is important to you for your records.