Terms and Conditions

Acceptance of Terms

By accessing or using the WhenGifts platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as our Privacy Policy. If you do not agree to these terms, please do not use our services.

User Eligibility

To use our services, you must:

• Age Requirement: Be at least 18 years old or the legal age of majority in your jurisdiction.
• Account Accuracy: Provide accurate, current, and complete information when creating your account.
• Account Security: Maintain the security of your account credentials and notify us immediately of any unauthorized use.
• Legal Compliance: Use our services in compliance with all applicable laws and regulations.

Account Registration

When creating an account with WhenGifts, please note:

• Verification Process: We may require identity verification to prevent fraud and ensure compliance with legal requirements.
• One Account Policy: Each user is permitted to maintain only one active account unless explicitly authorized by WhenGifts.
• Account Responsibility: You are solely responsible for all activities that occur under your account.
• Account Termination: We reserve the right to suspend or terminate accounts that violate our terms or engage in suspicious activities.

Gift Card Transactions

Our platform facilitates the buying and selling of gift cards. The following terms apply to all gift card transactions:

• Authenticity Requirement: All gift cards must be legitimately obtained and have valid, unspent balances.
• Balance Verification: We verify gift card balances before completing transactions, but balance changes after verification are the responsibility of the seller.
• No Guarantees: While we take measures to ensure transaction quality, we cannot guarantee that all gift cards will be accepted by retailers in all circumstances.
• Transaction Fees: Various fees may apply to transactions, as outlined in our fee schedule, which may be updated periodically.
• Prohibited Cards: Gift cards obtained through fraudulent means, promotional/non-transferable cards, or cards from prohibited merchants are not allowed on our platform.

Buyer and Seller Obligations

Both buyers and sellers have specific obligations when using our platform:

Seller Obligations

• Accurate Information: Provide accurate details about the gift cards being sold, including retailer, value, and any applicable restrictions.
• Valid Cards: Only list gift cards that are valid, active, and have the stated balance at the time of listing.
• Timely Delivery: Promptly provide gift card information or physical cards after a sale is completed.
• Non-use After Sale: Refrain from using or attempting to use gift cards after they have been sold.

Buyer Obligations

• Prompt Payment: Complete payment for purchased gift cards in a timely manner using approved payment methods.
• Balance Verification: Verify gift card balances promptly upon receipt.
• Reporting Issues: Report any discrepancies or issues with purchased gift cards within our designated timeframe (typically 24 hours).
• Usage Understanding: Understand the terms and conditions of the specific gift cards purchased, including expiration dates and usage restrictions.

Payment and Refund Policy

Our payment and refund policies are designed to create a fair marketplace for all users:

• Payment Methods: We accept various payment methods including credit/debit cards, PayPal, and bank transfers. All payments must be made through our platform for security and verification purposes.
• Payment Processing: Payment processing times may vary depending on the method used. We are not responsible for delays caused by payment processors or financial institutions.
• Refund Eligibility: Refunds may be issued if a gift card is proven to have a zero balance or significantly less than advertised at the time of delivery, subject to our verification process.
• Refund Limitations: Refund requests must be submitted within 24 hours of receiving a gift card. Cards that have been partially or fully used are not eligible for refunds.
• Dispute Resolution: In cases of transaction disputes, our customer service team will investigate and make a determination based on available evidence.

Prohibited Activities

The following activities are strictly prohibited on our platform:

• Fraudulent Transactions: Attempting to sell or buy gift cards obtained through fraudulent means.
• Multiple Accounts: Creating multiple accounts to circumvent platform limitations or sanctions.
• Unauthorized Reselling: Reselling WhenGifts' services without our explicit permission.
• Balance Manipulation: Manipulating gift card balances before, during, or after transactions.
• API Abuse: Using automated systems or bots to access our services without our permission.
• Content Violations: Posting content that is illegal, offensive, threatening, or violates the rights of others.

Intellectual Property Rights

All content and materials available on WhenGifts, including but not limited to text, graphics, logos, images, and software, are the property of WhenGifts or its licensors and are protected by copyright, trademark, and other intellectual property laws.

• Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use our platform for personal, non-commercial purposes.
• Restrictions: You may not modify, reproduce, distribute, create derivative works, publicly display, or exploit any content from our platform without our explicit permission.
• Feedback: Any feedback, suggestions, or ideas you provide regarding our services may be used by us without any obligation to compensate you.
• Third-Party Content: Our platform may include content from third parties, which is subject to their own intellectual property rights and terms of use.

Limitation of Liability

To the maximum extent permitted by law, WhenGifts and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of our services, including but not limited to:

• Loss of profits, revenue, data, or goodwill
• Cost of substitute services
• Damages resulting from interruption of business
• Personal or property damage related to our services
• Any errors or omissions in content

Our total liability for any claims arising under these terms shall not exceed the greater of $100 or the amount you paid to us in the past six months.

Indemnification

You agree to indemnify, defend, and hold harmless WhenGifts and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your access to or use of our services
• Your violation of these Terms and Conditions
• Your violation of any third-party right, including privacy or intellectual property rights
• Any content or information you submit or provide through our services

Modification of Terms

We may modify these Terms and Conditions at any time by posting the revised terms on our website. Your continued use of our services after such changes constitutes your acceptance of the new terms. It is your responsibility to review these terms periodically for changes.

When we make significant changes to these terms, we will provide notice through:

• Email notifications to registered users
• Prominent notices on our website
• Updates to the "Last Updated" date at the bottom of this page

Governing Law and Dispute Resolution

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

Any dispute arising from or relating to these terms or our services shall be resolved as follows:

• Informal Resolution: We encourage you to contact us first to seek an informal resolution to any disputes.
• Arbitration: If informal resolution is unsuccessful, disputes shall be resolved through binding arbitration conducted by the American Arbitration Association in accordance with their Commercial Arbitration Rules.
• Venue: Any arbitration proceedings shall take place in Austin, Texas.
• Class Action Waiver: You agree to resolve disputes with WhenGifts on an individual basis and waive any right to participate in a class action lawsuit.

Severability and Waiver

If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect. Our failure to enforce any right or provision in these terms will not constitute a waiver of such right or provision.

Contact Information

If you have any questions about these Terms and Conditions, please contact us at:

WhenGifts
Email: legal@whengifts.com
Phone: 805-713-6432

Last Updated: March 12, 2025