GIFTED SOLUTIONS INC.
[Last Amended: July 22, 2025]
These Buyer Terms of Service ("Buyer Terms") regulate the relationship between Giftedd Solutions Inc. ("Gifted", "we," "us", or "our") and any individual or entity ("Buyer" or "you") using the Platform and Services to purchase Gifts for their employees, clients, or any other third parties.
The Buyer Terms are intended to supplement the General Terms of Service ("General Terms"). All buyers are subject to the General Terms without derogation from any of their provisions. However, where the Buyer Terms differ or conflict with the General Terms, these Buyer Terms shall govern and take precedence with regard to Buyers' specific use of the Platform and Services for the purchase of Gifts.
Buyers, as any other User, are also obligated to comply with the Privacy Policy and any other appendices or supplemental agreements that collectively constitute the Agreement between Gifted and the User. This Agreement governs the Buyer's use of the Platform and Services.
By using the Platform as a Buyer, you acknowledge that you have read, understood, and agree to be bound by these Buyer Terms, as well as the other components of the Agreement.
Any term not defined herein shall have the meaning assigned to it in the General Terms, unless the context clearly indicates otherwise.
Gifted reserves the right to change these Buyer Terms at any time as further detailed in the General Terms. The Buyer’s continued use of the Platform and Services after such revisions are posted will signify its agreement to these revised terms.
PLEASE NOTE THAT THE GENERAL TERMS CONTAIN AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. BY AGREEING TO THE GENERAL TERMS AS WELL AS THESE BUYER TERMS, YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.
1. BUYER’S REGISTRATION AND PAYMENT
1.1. To use the Platform and Services, each Buyer is required to register and open an account as further detailed in the General Terms (“Buyer Account”). Through the registration process, the Buyer will be requested to provide its payment method and billing information. If any billing information and payment source are or become invalid, or if payment charged to Buyer is declined, the Buyer Account may be suspended or terminated without prior notice, at Gifted’s sole discretion.
1.2. In order to initiate a gifting activity through the Platform, you must first charge your Buyer Account by making the appropriate payment and ensure your Buyer Account's balance holds sufficient funds for the desired gifting activity, constituting the product of multiplying the selected Gift value by the number of Recipients. Once payment is made, Gifted requires up to seventy-two (72) hours before the Buyer Account is activated, in order to conduct necessary fraud detection procedures. Therefore, you should verify that you make the required payment at least three (3) business days prior to the time you wish to initiate the gifting activity.
1.3. Unless otherwise specified on the Platform, all amounts payable to Gifted in connection with the Services do not include any taxes (including, without limitation, VAT or any similar tax), customs, duties, fees, or other charges assessed or imposed by any governmental authority provided, however, that the Buyer shall have no liability for income assessed to Gifted.
1.4. In the event the Buyer Account's balance contains insufficient funds to cover the total cost of the selected gifting activity, you will not be able to perform such activity until the necessary funds are deposited in your Buyer Account.
1.5. Gifted retains the right to seek reimbursement from the Buyer Account or to deduct equivalent values from future transactions or existing balances within the Buyer Account, in any case where Gifts are redeemed or other Services are utilized without proper charge, even if such an event is the outcome of system errors, bugs, or any other discrepancies. Gifted commits to notifying the Buyer of any such deductions or requests for reimbursement prior to taking action, providing the Buyer with an opportunity to review and respond to the reported discrepancy.
1.6. You may fund your Buyer Account by making payments through a valid credit card, debit card, or ACH transfer. By providing Gifted with the necessary ACH details, you give Gifted permission to debit your Buyer Account with the amount authorized by you.
1.7. We will not be responsible for any use of any balance in your Buyer Account, made through the use of any of your or your Authorized Users’ credentials.
2. REFUNDS
2.1. Refunds for Gifts purchased are usually only available so long as the links containing the options to redeem the Gifts (“Links”) have not been sent to the Recipients.
2.2. In the event you wish to cancel a gifting activity or certain Gifts, prior to the delivery of the Links to the Recipients, you may request to do so by sending us a written notification via email to support@gifted.co, specifying the relevant activity details and full and accurate bank account details to facilitate the refund. If the refund request is valid and complete, we will refund your bank account within fourteen (14) business days of receiving your notification.
2.3. If the request is found eligible, link cancelation will be done within seven (7) business days from the date of the request.
2.4. Please note that thirty percent (30%) statutory cancellation fees and/or expenses may be charged to you upon cancelation of any Gift purchase, and shall be set off any amount refunded to you by Gifted concerning such cancelation.
2.5. GA Link for selecting a Gift sent to a Recipient shall remain in effect for a period of twenty-four (24) months as of the day it was sent to the Recipient. In the event that a Recipient did not use the Link and select a Gift within twenty-four (24) months, the Link will be canceled automatically and neither the Buyer shall be entitled to a refund, nor will the Recipient be eligible to use the Link to redeem any Gift.
3. RESTRICTED USES
3.1. The Buyer is strictly prohibited from engaging in the following activities:
3.1.1. Using a Gift to purchase other gift cards or similar entitlements (excluding any conversion to a third-party platform as available through a Link).
3.1.2. Gifts cannot be reloaded, resold, transferred, assigned or redeemed for cash. Any attempt to reload, resell, transfer, assign, or redeemed a Gift for cash shall be void.
3.1.3. Once the Links have been sent to the Recipients, whether or not the Recipients have already selected the chosen Gift through the Link , the Buyer will not be able to cancel the activity or receive a refund in connection therewith.
3.1.4. You represent and warrant that no cost, fee, and/or commission of any kind shall be imposed upon the Recipient upon distribution of a Gift.
3.2. Gifted reserves the right to suspend or terminate any Buyer Account and inform law enforcement authorities in the event of any attempt to make a suspected restricted use, without prejudice to any other rights or remedies to which Gifted may be entitled with respect thereto.
3.3. Buyer shall indemnify and hold Gifted harmless against any claims, damages, liabilities, costs, or expenses arising out of or related to the Buyer's violation of these restrictions or any applicable laws or regulations.
4. SENDING GIFTS AND REDEMPTION OF GIFTS BY THE RECIPIENTS
4.1. Upon receiving a Gift Link, each Recipient may have the option to convert his entitlement to third-party platforms (e.g., Amazon). In that case, we will transfer the relevant Recipient’s data and entitlement to such third-party Platform on behalf of the Buyer and the Recipient, and we will no longer be responsible for the gifting balance or usage. Gifted is not reviewing nor approving such third-party terms and shall not be responsible for the further redemption of any such converted Gift, or any other aspect of their interaction with the Recipient.
4.2. Gifts are redeemable by Recipients through the Platform in accordance with the policies of the Merchant. Subject to the terms and conditions hereunder and the applicable law, no fees of any kind will be imposed on the Recipients of Gifts.
4.3. The return of Gifts, whether sent to the Recipient directly or redeemed by the Recipient through the Platform following receiving a Gift, and cancelations and refunds related to Gifts redeemed through the Platform, are subject to the Merchant's return, refunds and cancelation policies and applicable law.
4.4. You are solely liable for any loss or damage resulting from the theft and the loss of a Gift, and Gifted explicitly disclaims any liability with respect thereto. If you believe that the confidentiality of any of your access authorizations has been compromised or that someone has copied or stolen your Gift, please contact the Gifted customer support immediately at the following email address support@gifted.co
4.5. Gifted does not warrant, represent, or undertake to replace any stolen or lost Gifts, and it may do so in its sole discretion. Please also note that stolen and/or lost Gifts which have been redeemed at any time prior to your notification to customer support as indicated above, shall not be replaced under any circumstances. Please note that certain fees and/or expenses may apply upon the replacement of any lost or stolen Gift.
4.6. Gifted shall not be liable or responsible towards the Buyer or Recipient with respect to Links that were canceled as detailed above.
5. BUYER SPECIFIC REPRESENTATIONS AND WARRANTIES
5.1. Without derogating from the Buyers representations and warranties under the General Terms, the Buyer represents and warrants (i) that it has the right to disclose and provide to Gifted any data provided pursuant to this Agreement, (ii) that no materials of any kind submitted to the Platform by the Buyer will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material; and (iii) that Buyer’s activities under this Agreement will comply with all applicable laws, rules and regulations. The Buyer will be solely responsible for ensuring that its policies and its use of the Services comply with applicable laws regarding the same.
5.2. The Buyer acknowledges and agrees that the Merchant (or the relevant third-party in case of Gift conversion) shall be solely responsible and liable for any Gift sent or redemption of Gifts, their content, delivery, refunds, and any and all aspects of the Gifts or any gifting offer, including their accuracy, fulfilment, refund, warranty and delivery terms, and any customer support or dispute resolution related to the Gifts. Gifted shall have no responsibility or liability for any issues arising from the redemption of Gifts, and the Buyer agrees any claim related to the Gift shall be directed to the Merchant or relevant third-party. By utilizing the Platform, the Buyer acknowledges and accepts that Gifted's role is strictly limited to providing the platform for facilitating transactions and disclaims any responsibility or liability for the redemption of the Gifts through any third-party or Merchant. The Buyer releases Gifted from any claims, demands, and damages arising out of disputes with other Users or parties.
5.3. Further, Users may have the ability to leave public reviews reflecting their experiences with the Gift offers. These reviews represent the individual perspectives of Users and do not reflect the viewpoints of Gifted or its representatives. Reviews are submitted directly by users and are not subjected to regular verification by us. Any published review must be accurate and should refrain from containing any offensive or defamatory language. Each User bears sole and full responsibility for any review published by him.
6. RECIPIENTS PERSONAL INFORMATION
6.1. The Buyer acknowledges and warrants that any Recipients’ Personal Information fed and provided by the Buyer or on its behalf (including through any of its Authorized Users), was collected, processed and transferred to the Platform lawfully and in accordance with all applicable privacy regulations.
6.2. The Buyer shall be solely and strictly responsible for providing its Recipient with any disclosure or obtaining their consent for the use of their uploaded data as part of the Services, in accordance with the Privacy Policy, and shall indemnify and hold harmless Gifted from and against any losses, liabilities, costs (including reasonable attorneys’ fees) or damages resulting from such usage of its Recipients’ Personal Information.
