Giftpack provides a platform and related services that help businesses manage incentive, gifting, rewards, sourcing, recipient engagement, fulfillment coordination, and related operational workflows. These Terms of Use govern access to Giftpack's website, platform, and related public-facing services unless separate commercial terms, an order form, or another written agreement applies. By accessing or using the site or services, you agree to these Terms and to the Privacy Policy.
You may access and use the site and services only for lawful business purposes and in accordance with these Terms. You may not misuse the site, attempt to interfere with its operation, circumvent security measures, introduce malicious code, infringe the rights of others, or use the services in a manner that is fraudulent, unlawful, or harmful to Giftpack, its customers, recipients, suppliers, or partners.
If Giftpack provides account credentials, you are responsible for maintaining their confidentiality and for activities that occur under your account. You must promptly notify Giftpack of any unauthorized access, suspected compromise, or misuse. Giftpack may suspend or restrict access where reasonably necessary to protect the platform, investigate suspected fraud or misuse, comply with law, or prevent harm.
As between the parties, you retain ownership of the data, content, branding, recipient information, campaign materials, and other materials you or your users provide to Giftpack in connection with the services ("Customer Materials").
You grant Giftpack a limited, non-exclusive, worldwide license to host, use, process, reproduce, transmit, and display Customer Materials only as reasonably necessary to provide, maintain, support, secure, and improve the services, fulfill transactions, coordinate recipients and suppliers, and comply with applicable law.
If you provide suggestions, enhancement requests, recommendations, or other feedback, Giftpack may use that feedback without obligation to you, provided that Giftpack will not use your confidential information except as permitted under applicable agreements, the Privacy Policy, or applicable law.
Giftpack and its licensors retain all right, title, and interest in and to the site, platform, software, workflows, documentation, branding, and related intellectual property, including any improvements or derivative works created by or for Giftpack.
These Terms do not transfer any ownership rights in Giftpack intellectual property to you. Except as expressly permitted, you may not copy, modify, reverse engineer, distribute, or create derivative works from the site or services.
You retain ownership of your trademarks, logos, brand assets, and Customer Materials. Where necessary to provide the services, you grant Giftpack a limited license to use those materials in connection with campaign setup, recipient communications, reporting, fulfillment coordination, and related service delivery.
Giftpack may coordinate sourcing, fulfillment, shipping, and delivery through suppliers, carriers, warehouses, and other third parties. Title and risk of loss for physical goods may pass according to applicable supplier terms, carrier terms, or other order-specific terms.
Giftpack may provide reasonable coordination support in the event of delivery issues, but Giftpack is not responsible for delays, failed deliveries, losses, or damage caused by inaccurate recipient information, customs issues, recipient unavailability, carrier disruptions, force majeure events, or third-party logistics failures, except to the extent directly caused by Giftpack's breach of its obligations.
You are responsible for ensuring that you have the rights, permissions, notices, and lawful basis required to provide recipient information or other personal data to Giftpack for use in connection with the services. You are also responsible for your campaign instructions, selections, approvals, and compliance with your own internal policies and applicable law.
Giftpack processes personal data in accordance with applicable privacy laws and the Privacy Policy. Depending on the context and applicable law, you may act as the controller or business for recipient and campaign data you provide, and Giftpack may process such data on your behalf as a processor, service provider, or in a similar role. Giftpack may also process certain personal data for platform security, service operations, fraud prevention, analytics, legal compliance, and service improvement where Giftpack has its own legal basis or obligations to do so.
If Giftpack becomes aware of a security incident that materially affects personal data processed on your behalf, Giftpack will notify you without undue delay where required by applicable law or contract and provide reasonable cooperation as appropriate.
Certain services may be offered through prepaid credits, subscriptions, invoicing, or other commercial arrangements. Unless otherwise stated in a separate agreement, prepaid credits are generally non-refundable and may be used only for eligible Giftpack services.
Enterprise customers may also be subject to separate order forms, statements of work, invoices, or negotiated commercial terms that govern pricing, billing, credit treatment, rollover, expiration, refunds, and other commercial matters. To the extent those separate terms conflict with these public Terms, the separate written agreement will control for the applicable services.
Giftpack may suspend or limit access to services for material nonpayment, charge reversals, or billing-related fraud risk, subject to any separate written agreement that applies.
Giftpack provides a platform and related services that support incentive workflows, gifting and rewards programs, sourcing, recipient management, logistics coordination, integrations, automation, and related operational support. Service scope may vary by product plan, implementation, order form, geography, and supplier availability.
Giftpack may coordinate third-party suppliers, warehouses, payment providers, logistics providers, and other service partners as part of service delivery. Unless expressly stated otherwise in a separate written agreement, Giftpack does not manufacture goods and does not act as a carrier.
You remain responsible for final business decisions, including campaign approvals, budget authorization, recipient eligibility, gift or reward selection, and compliance with your internal policies and legal obligations.
Giftpack may use automated systems and AI-enabled tools to support recommendations, workflow automation, sourcing assistance, service efficiency, analytics, and platform improvements. Final decisions relating to campaign setup, recipient engagement, supplier selection, and gift or service selection remain under your control. Giftpack does not guarantee any specific result from AI-generated outputs or recommendations.
Where Giftpack supports charitable allocation options, Giftpack may facilitate the processing or coordination of those allocations after receiving cleared funds and the required instructions. If a selected organization becomes unavailable, restricted, or otherwise unsuitable for processing, Giftpack may request an alternative selection and, where necessary, use reasonable operational judgment to resolve the transaction.
You are responsible for obtaining any tax documentation or confirmation directly from the relevant charity unless otherwise expressly stated.
You remain responsible for amounts due for authorized transactions, including where a payment method is cancelled, suspended, reversed, or subject to chargeback after Giftpack has begun performance or incurred related costs.
Except as required by law or agreed in writing, Giftpack credits, completed service charges, and charitable allocations are generally non-refundable. Any cancellation or refund request will be evaluated based on transaction status, supplier commitments, operational costs incurred, and any applicable separate agreement.
Giftpack may suspend or terminate access to the site or services for fraud, unlawful use, material breach, nonpayment, security risk, or conduct that may harm Giftpack, its customers, recipients, suppliers, or platform operations. Where appropriate, Giftpack may also investigate and temporarily restrict access while resolving suspected issues.
Upon termination, your right to access the affected services will cease, but provisions that by their nature should survive termination will remain in effect, including provisions relating to payment obligations, intellectual property, confidentiality, data handling, liability limitations, and dispute-related terms. Any accrued obligations before termination remain payable.
Giftpack supports customers and recipients across multiple jurisdictions, but you are responsible for ensuring that your use of the services complies with laws, regulations, sanctions requirements, employment rules, tax rules, and other obligations applicable to your organization, campaigns, and jurisdictions.
To the extent permitted by law, the site and services are provided on an "as is" and "as available" basis. Giftpack does not guarantee uninterrupted, error-free, or fully available operation at all times, and disclaims implied warranties to the extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
To the extent permitted by law, Giftpack will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, goodwill, business opportunity, or data, even if advised of the possibility of such damages.
To the extent permitted by law, Giftpack's aggregate liability arising out of or relating to the site or services will not exceed the fees paid or payable by you to Giftpack for the applicable services during the twelve (12) months preceding the event giving rise to the claim, unless a separate written agreement sets a different liability framework.
The site may contain links to third-party websites, services, products, or content. Giftpack is not responsible for third-party sites or services and does not control their terms, privacy practices, or availability.
Giftpack may update these Terms from time to time by posting an updated version on the site. Continued use of the site or services after an update becomes effective constitutes acceptance of the revised Terms.
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. If any provision is held unenforceable, the remaining provisions will remain in effect. Giftpack's failure to enforce a provision is not a waiver of its rights. Giftpack may seek injunctive or equitable relief where appropriate in addition to other available remedies.