Terms of Service

Perfect Gift, LLC (“Company,” “we,” “us,” “our”) provides the consumer service described below (the “Service”) relating to the purchase and receipt, by an individual on behalf of himself/herself, for the sole purpose of redistribution and end use, of certain physical and/or digital gift cards (collectively, “Cards”). This agreement provides the terms and conditions governing your use of the Service. By using the Perfect Gift Service, you agree to these Terms of Service. You also agree to our Privacy Statement, which is incorporated herein by this reference and located at www.perfectgift.com/privacy-policy (“Privacy Statement”). You acknowledge that you will regularly visit these Terms of Service and the Privacy Statement to familiarize yourself with any and all updates. These Terms of Service, the Privacy Statement, and any other terms incorporated herein by reference are collectively referred to in this document as “Terms.”

Please read the Terms carefully and keep them for future reference, including but not limited to the following sections: (A) DISPUTE RESOLUTION/ARBITRATION AGREEMENT, (B) LIMITATION OF LIABILITY, AND (C) INDEMNIFICATION.

IF YOU DO NOT AGREE TO THESE TERMS, IMMEDIATELY STOP USING THE PERFECT GIFT SERVICE, PARTICIPATING IN ANY PROGRAM OR PURCHASE, OR RECEIVING ANY GOOD OR SERVICE OFFERED THROUGH THE PERFECT GIFT SERVICE.

The Perfect Gift Service

The Perfect Gift Service allows a purchasing party (“Purchaser”) to purchase, and to receive, for the sole purpose of redistribution and end use (i. e., not for resale), (1) a prepaid “closed-loop” Card usable only at a specified merchant, and/or (2) a prepaid “open-loop” Card usable at multiple merchants, and/or (3) a prepaid "closed-loop" PerfectGift Plus and eGift card usable only at a specified merchant. Merchants at which “closed-loop” Cards are designated for use, and/or Merchants at which “open-loop” Card are usable, hereinafter are referred to as “Merchants.” A Purchaser must tender, and Perfect Gift must receive, full and properly authorized payment for each Card, via methods and procedures specified by Perfect Gift. The Purchaser must use a “closed-loop” Card at the designated Merchant participating in the Card program (“Merchant”); the Purchaser must use an “open-loop” Card at a Merchant accepting the “open-loop” Card (collectively, the “Service”). In order to receive the benefits of a PerfectGift Plus and eGift card, the Recipient must register a valid payment method and use the registered method at the designated merchant participating in the PerfectGift Plus program ("Merchant") (collectively, the "Service"). A valid payment method is one that is accepted by PerfectGift in its sole discretion and may include, but is not necessarily limited to, a credit card, a debit card, and a financial institution account. PerfectGift Plus and eGift cards can only be purchased and redeemed through the PerfectGift website.

Cards are purchased when (a) the Purchaser registers an eligible payment card with us, (b) the Purchaser selects one or more Cards to receive for designated use, (c) the Purchaser pays for the Card(s) by authorizing us to debit from the Purchaser’s registered card the amount of the Card(s), (d) we receive full payment from the Purchaser, and (e) we deliver the Cards to the Purchaser.

Cards are redeemed when (a) through proper use of the Cards, a purchase of goods and/or services is made from the participating Merchant(s) (“Qualifying Purchase”), (b) Merchant accepts the Cards; and (c) some or all (as applicable) of the value of the Card is applied against the amount of the Qualifying Purchase from the Merchant. 

PerfectGift Plus and eGift cards are activated when (a) Purchaser registers an eligible payment card or financial institution account with us, (b) Purchaser selects or offers one or more PerfectGift Plus and eGift cards for the Recipient to receive at a participating Merchant, (c) Purchaser pays for the PerfectGift Plus and eGift card by authorizing the debiting from the Purchaser's registered card or financial institution account the amount of the PerfectGift Plus and eGift card; (d) we provide notice to the Recipient that Purchaser has selected and procured one or more PerfectGift Plus and eGift card usable at a designated Merchant for the Recipient, and (e) in order to receive the PerfectGift Plus and eGift card, Recipient registers an eligible payment card or financial institution account with us.

PerfectGift Plus and eGift cards are redeemed by Recipient when (a) Recipient, using Recipient's registered card or financial institution account, makes a purchase of goods and/or services from the participating Merchant(s) ("Qualifying Purchase"), (b) we are notified of the Qualifying Purchase; and (c) Recipient's registered card or financial institution account is credited up to the applicable amount of the PerfectGift Plus and eGift card.

At all times, the sole owner, holder, and user of PerfectGift Plus and eGift card will be the Recipient. Purchaser will not own the PerfectGift Plus and eGift card, will acquire rights or interest in the PerfectGift Plus and eGift card, and will not be entitled to use or redeem the PerfectGift Plus and eGift card. A Purchaser may be either (a) and individual or (2) an authorized representative of a duly formed business or association ("Entity").

Fees and Limitations

The following fees and limitations apply to the Card:

·      A Purchaser may buy any individual Card in an amount up to and including $500 (if available).

·      A Purchaser may buy a total of up to and including $2,000 in Cards per week. 

·      A Purchaser may buy a total of up to and including 20 Cards per day.

·      Each “closed loop” Card may only be used at the specific, designated Merchant. Each “open-loop” Card may only be used at a Merchant accepting the “open-loop” Card.

·      Certain fees may apply to Cards. Please see our website and mobile app, and any appropriate additional written or electronic statement, to identify any/all applicable fees.

·      Terms and conditions specific to each Merchant and/or each Card apply. Please contact and/or otherwise refer to the Merchant for information on such terms and conditions.

·      Purchasers are not entitled to cancel the purchase of any Card, or to a refund on the purchase of any Card, except as expressly provided for in these Terms of Service or as otherwise provided for by law.  

·      PerfectGift's website provides the following information: (i) the maximum dollar value of any individual PerfectGift Plus and eGift card that a Purchaser may buy; (ii) the maximum dollar value of all PerfectGift Plus and eGift cards may buy within a specified time period; (iii) the maximum number of all PerfectGift Pluses that a Purchaser may buy within a specified time.

·      Each PerfectGift Plus and eGift card generally can only be used at the specific Merchant designated by the Purchaser.

·      Certain fees apply to PerfectGift Plus and eGift cards. In certain instances, depending upon the specific Merchant and the specific PerfectGift Plus and eGift card, an administrative and/or processing fees, up to and including $1.95, may be added to the face amount of a PerfectGift Plus and eGift card. In certain additional instances, PerfectGift may allow a Recipient, for fees up to and including $1.95, to select a different Merchant than the Merchant designated by a Purchaser, or, rather than redeem a PerfectGift Plus and eGift card, to select a "closed-loop" e-gift code for the Merchant designated by a Purchaser or to select an "open-loop" gift card. Purchasers and Recipients, as applicable, will be informed of the applicability of any fees prior to the time of their imposition.

·      A purchaser may write to us to request a cancellation of a PerfectGift Plus and eGift card, for up to ninety days after purchaser, if the Recipient's registered payment method does not allow the Recipient to accept and use the PerfectGift Plus and eGift card within that time period.

The foregoing fees and limitations are subject to change. 

Creating Your Perfect Gift Enrollment

Registration Obligations

To use the Service either as a Purchaser or separately as a Recipient, you must create a PerfectGift enrollment (“Enrollment”). You may create one Perfect Gift Enrollment only, which is solely for your use. Your Enrollment is non-transferable, and you cannot sell, combine, or otherwise share it with any other person.

By creating an Enrollment or by using the Service, you represent and warrant to us that you may lawfully create an Enrollment/use the Service, including but not necessarily limited to: (i) you are at least 18 years of age (or older if you reside in a state where the majority age is older); (ii) you are a U.S. citizen or legal alien (with valid U. S. tax ID number) residing in the United States or the District of Columbia; (iii) you have provided us, as may be requested, with a verifiable U.S. street address (not a P.O. Box); (iv) the personal information that you provide to us in connection with your Enrollment is true, correct, and complete; and (v) you received a copy of and agree to be bound by and comply with these Terms and to comply with all applicable law in using the Service or your Perfect Gift Enrollment.

Payment Card/ Account Registration

All Purchasers are required to properly register a valid, eligible payment card with a Perfect Gift Enrollment in order to access and use the Service. Purchasers may use any credit, debit or prepaid card to purchase a Card, so long as such card is accepted by Perfect Gift. We reserve the right, in our sole discretion, to deny an Enrollment request and/or to cancel an order at any time.

Eligible PerfectGift Plus and eGift card Recipients are required to register a valid, eligible payment card or financial institution account with your PerfectGift Enrollment in order to access and use the Service. A valid payment card or financial institution account is one that is accepted by PerfectGift in it's sole discretion and may include, but is not necessarily limited to, a credit card, a debit card, and a financial institution account.

Purchasers and Recipients may be able to register more than one payment card or financial institution account. PerfectGift will inform Purchasers and Recipients of any limitations at or prior to the time of actual registration.

Disclosures to Purchasers and Recipients

Your use of the Service is subject to your payment card or financial institution being valid and your payment card or financial institution being in good standing. You represent and warrant to us that the information you provide about your payment card or financial institution is true and that you are authorized to use the payment card or financial institution. You agree to promptly update your Enrollment information with any changes (for example, a change in your billing address) and to register a new card with us if your registered card is no longer valid or if your registered card is lost, stolen, or you receive a replacement card. You must be the cardholder or an authorized user of the registered card or an authorized user of the financial institution account. You acknowledge and agree that we, Merchants, payment processors, payment facilitators, payment card networks including Visa, Mastercard, and American Express ("Card Network(s)"), financial institutions, and platforms with which we integrate in order to provide you with the PerfectGift services do not and will not have any liability associated with or arising from your use of the Service, or your failure to provide accurate registration information, including but not limited to your failure to receive a Card or PerfectGift Plus and eGift card for a Qualifying Purchase or updates about the Service. If we or the Card Network or the business entities we partner with in order to provide you with the PerfectGift services suspect that the information you provided is untrue, inaccurate, or incomplete, your Enrollment may be suspended or terminated. You may authorize us to collect and store your payment card or financial institution account information, along with other identifying information in connection with your Enrollment, such as your email address, location, and device information.

Special Disclosures to Recipients - Card/Account Monitoring & Date Provision; Issuance of Credits; Opt-Out

By enrolling for the Service, accepting the PerfectGift Plus and eGift card, and registering a connected payment card or financial institution account, you agree that Card Networks and payment facilitators may monitor and share your transactions on your payment card or financial institution account (including purchases and returns, and including transaction unrelated to PerfectGift) with PerfectGift, service providers and participating merchants to: (a) identify Qualifying Purchases and share transaction data with us for the purposes of determining whether a transaction is a Qualifying Purchase; (b) allow us to determine the amount of purchase in order to (i) enable redemption of your PerfectGift Plus and eGift card and (ii) provide appropriate notifications; and (c) initiate and process statement credits as requested by us in connection with the PerfectGift Plus and eGift card. 

In addition, you hereby authorize the issuance of credits for PerfectGift Plus and eGift cards directly to your registered payment card(s) or financial institution account(s) when applicable. Regarding financial institution accounts, you expressly authorize PerfectGift's third party service providers, for example Dwolla, Inc. and Visa Direct, to originate credit transfers to your financial institution account.

You understand and agree that the Service is not sponsored or endorsed by the business entities (including Card Networks) we partner with in order to provide you with the PerfectGift services and that they make no warranties with respect to, and have no liability in connection with, the Service or these Terms.

If you believe you have made a Qualifying Purchase with your registered payment card or financial institution account and you have not received credit within 2 business days, please contact us at support@PerfectGift.com. To the extent that transactions are made involving a registered payment card, please note that not all such transactions can be monitored by the applicable Card Network for purposes of the Service. You acknowledge that Visa, MasterCard, and American Express may be unable to monitor every transaction made with your enrolled Visa, MasterCard, or American Express card, including PIN-based purchases, purchases you initiate through identification technology that substitutes for a PIN, payments made through other payment methods (such as a digital wallet or a third party payment app, where you may choose your Visa, MasterCard, or American Express card as a funding source but you do not present your card directly to the merchant), payments of existing balances, balance transfers, or transactions that are not processed or submitted through the Visa U.S.A., MasterCard, and American Express payment systems, and that these transactions are not eligible.

Not all Visa, MasterCard, and American Express cards are eligible for registration. Visa, MasterCard, and American Express Corporate cards, Visa, MasterCard, and American Express Purchasing cards, non-reloadable prepaid cards, government-administered prepaid cards (including EBT cards), healthcare (including Health Savings Account (HSA) or Flexible Spending Account (FSA) or insurance prepaid cards, Visa Buxx, and Visa-, MasterCard-, and American Express-branded cards whose transactions are not processed through the Visa U.S.A payment system, MasterCard payment system, and/or American Express payment system are not eligible to participate. 

You may opt out of transaction monitoring on the payment card or financial institution account(s) you have registered by deleting your connected payment card or financial institution account from the PerfectGift website or by contacting us at support@PerfectGift.com with a request to un-enroll your payment card or financial institution account. However, if you disconnect your payment card or financial institution account, you will not be able to make Qualifying Purchases. You give us the right to use the transaction data from your payment card or financial institution account until you redeem your PerfectGift or until you un-enroll your payment card or financial institution account. When you un-enroll a connected payment card or financial institution account, we will no longer capture transaction data, however we will retain the data associated with your connected payment card or financial institution account for historical transactions as long as necessary to fulfill your PerfectGift, but no longer than permitted by law.

Using the Perfect Gift Service

Purchasing a Card

To use the Service to purchase a Card (a “Purchase Transaction”), you as Purchaser must have a valid, active Perfect Gift Enrollment linked to a valid payment card. When you select a Card to purchase, you are agreeing to pay all amounts specified in the Card, along with any applicable taxes, as well as any service or processing fees to the extent permitted by applicable law. You hereby authorize us (and our designated payment processor), to authorize and charge the full order amount to the payment card affiliated with your Enrollment once you purchase any Card, and you also authorize us to collect and store that payment card, along with other information related to your Purchase Transaction. 

If you dispute any charges related to the Cards you have purchased, you must notify us within sixty (60) days after the date we charge you. You shall be responsible for all taxes associated with the Service other than U.S. taxes based on our net income. Applicable fees for Cards offered via the Service may change at any time. Please review our web site and mobile app for changes. 

We do not guarantee that we will provide a return or refund on the purchase of any Card. Any return or refund that we provide is at our sole discretion. In addition, we do not provide price protection or returns or refunds in the event of a fee reduction or promotional offering. Your continued use of the Service after any fee change becomes effective constitutes your agreement to pay the originally charged amount.

Once you as Purchaser select and provide a Card, the amount of the Card will be charged to your payment card.

No Liability for Cards After Purchase

We are not responsible for any value lost from a Card after purchase and shipping/other transfer from us to Purchaser, regardless of whether the Card is alleged to (a) not have been delivered; (b) have been mis-delivered; or (c) have been otherwise lost. A Purchaser is solely responsible for any and all losses due to fraudulent activity on its accounts and/or Card balances.

Purchasing a PerfectGift Plus and eGift card for a Recipient 

To use the Service to purchase a PerfectGift Plus and eGift card (a “Purchase Transaction”) for a Recipient, you as Purchaser must have a valid, active PerfectGift Enrollment connected to a payment card or financial institution account. When you select a PerfectGift and eGift card for a Recipient, you are agreeing to pay all amounts specified in the PerfectGift Plus and eGift card, along with any applicable taxes, as well as any service or processing fees to the extent permitted by applicable law. You hereby authorize us (and our designated payment processor or payment facilitator), to authorize and charge the full order amount to the payment card or financial institution account affiliated with your Enrollment once you purchase any PerfectGift Plus and eGift card, and you also authorize us to collect and store that payment card or financial institution account, along with other information related to your Purchase Transaction. 

If you dispute any charges related to the PerfectGift Plus and eGift card you have purchased, you must notify us within sixty (60) days after the date we charge you. You shall be responsible for all taxes associated with the Service other than U.S. taxes based on our net income. Applicable fees for PerfectGift Plus and eGift card offered via the Service may change at any time. We do not provide price protection or refunds in the event of a fee reduction or promotional offering. Your continued use of the Service after any fee change becomes effective constitutes your agreement to pay the originally charged amount.

Once you as Purchaser select a PerfectGift Plus and eGift card for Recipient, the amount of the PerfectGift Plus and eGift card will be charged to your payment card or financial institution account and transferred to an account at an FDIC insured bank where such funds are held until the Recipient’s Qualifying Purchase at the designated Merchant is confirmed. Upon confirmation, the PerfectGift Plus and eGift card funds up to the amount of the Qualifying Purchase will be credited to the Recipient’s registered payment card or financial institution account.

Following the issuance of the PerfectGift Plus and eGift card that you as Purchaser select and provide, and until the PerfectGift Plus and eGift card is (1) connected to a valid and active Recipient PerfectGift Enrollment and (2) redeemed by the intended Recipient, the PerfectGift Plus and eGift card will be available to be connected to and received by the Recipient.

Redeeming a Card

The only way a Card may be redeemed is by making a Qualifying Purchase (1) for “closed-loop” Cards, at the designated Merchant, and (2) for “open-loop” Cards, at a Merchant accepting the “open-loop” Card. For “closed-loop” Cards, any particular Card may be redeemed only at the Merchant designated on the Card. Even if a Merchant accepts other Cards, a “closed-loop” Card cannot be redeemed at a Merchant unless the Card is designated for use at that Merchant. Neither “closed-loop” Cards nor “open-loop” Cards may be redeemed for cash, unless required by applicable law.   

We reserve the right to deny any Card redemption requests we receive that we deem to be illegitimate or in violation of these Terms. You may not redeem a Card with the intent to immediately cancel or return the applicable product from the Merchant. A "quick cancellation" is considered to be fraudulent and may void your transaction. In addition, Perfect Gift is not a bank or money service business (“MSB”) and we do not offer banking or MSB services as defined by the United States Department of the Treasury. Accordingly, you agree that you will not use Perfect Gift or the Service primarily for the purpose of transmitting funds. We may, in our sole discretion, suspend or revoke your right to use the Service, terminate your Perfect Gift Enrollment, and/or report your activity to the Merchant, website, and/or service that has referred you to Perfect Gift, who each may terminate your Enrollment or take other punitive action if you are found to have engaged in any such activity described above.

Redeeming a PerfectGift Plus and eGift card Received from a Purchaser

To redeem a PerfectGift Plus and eGift card that you receive as a Recipient, you must have or open a valid, active PerfectGift Enrollment connected to one or more valid payment cards or financial institution accounts. The only way a PerfectGift Plus and eGift card may be redeemed is by making a Qualifying Purchase at the designated Merchant with the payment card or financial institution account connected to your Enrollment. Except as otherwise expressly provided for in our Terms, any particular PerfectGift Plus and eGift card you receive may be redeemed only at the Merchant designated on the PerfectGift Plus and eGift card; even if a Merchant accepts other PerfectGift Plus and eGift cards, you cannot redeem your specific PerfectGift Plus and eGift card at a Merchant unless the PerfectGift Plus and eGift card is designated for use at that Merchant. A PerfectGift Plus and eGift card may not be redeemed for cash. If your PerfectGift Plus and eGift card is connected to a debit card, you must run the Qualifying Purchase transaction as a credit transaction, rather than using the PIN associated with that card. If you fail to do so, your PerfectGift Plus and eGift card may not work. When you make a Qualifying Purchase with a participating Merchant using your registered payment card or financial institution account at the Merchant for which the PerfectGift Plus and eGift card is designated, you pay the full purchase price at the time of your transaction and, after your purchase is confirmed as a Qualifying Purchase, your PerfectGift Plus and eGift card will be provided to you automatically when we submit a credit on the registered payment card or financial institution account you used to make the purchase. In order to redeem a PerfectGift Plus and eGift card, we may require you to provide a receipt for the Qualifying Purchase. Please note that your PerfectGift Plus and eGift card will not be reflected on your transaction receipt from the Merchant at the time of purchase. Instead, once it is confirmed, it will appear on your registered payment card’s or financial institution account’s statement.  If you have more than one PerfectGift Plus and eGift card connected to the same designated Merchant, the PerfectGift Pluses and eGift cards will be redeemed in the order they were purchased by a Purchaser.   

You may not receive the value associated with the PerfectGift Plus and eGift card if the applicable card issuer or financial institution does not post your Qualifying Purchase to your registered payment card or financial institution account for any reason. We and the Card Network will not have liability for the failure of a Qualifying Purchase to be posted. If you believe a Qualifying Purchase was not property posted to your registered payment card or financial institution account, please notify us at support@perfectgift.com. Neither we nor the business entities (including Card Networks) we partner with in order to provide you with the PerfectGift services is responsible for any finance or other charge, or impact on any rewards, feature, or term of your registered payment card or financial institution account resulting from a posting error involving the PerfectGift Service or the acceptance of a PerfectGift Plus and eGift card credit to make a payment to the Merchant.

Following a Purchaser’s selection, and the issuance to you, of a PerfectGift Plus and eGift card, the PerfectGift Plus and eGift card will be available to be connected to and received by you until you connect the PerfectGift Plus and eGift card to a valid and active PerfectGift Enrollment. Following the connecting of a PerfectGift Plus and eGift card to your valid and active PerfectGift Enrollment, the PerfectGift Plus and eGift card will be available to be redeemed by you as Recipient. If, within ninety (90) days following the connecting of a PerfectGift Plus and eGift card to your PerfectGift Enrollment, you do not redeem the PerfectGift Plus and eGift card, the PerfectGift Plus and eGift card will be disconnected to your PerfectGift Enrollment. The PerfectGift Plus and eGift card will remain available to you to be redeemed, once you reconnect it to a valid and active PerfectGift Enrollment. We reserve the right to deny any PerfectGift Plus and eGift card redemption requests we receive that we deem to be illegitimate or in violation of these Terms. You may not redeem a PerfectGift Plus and eGift card with the intent to immediately cancel or return the applicable product from the Merchant. A "quick cancellation" is considered to be fraudulent and may void your transaction. In addition, PerfectGift is not a bank or money services business (“MSB”) and we do not offer banking or MSB services as defined by the United States Department of the Treasury. Accordingly, you agree that you will not use PerfectGift or the Service primarily for the purpose of transmitting funds. We may, in our sole discretion, suspend or revoke your right to use the Service, terminate your PerfectGift Enrollment, and/or report your activity to the Merchant, website, and/or service that has referred you to PerfectGift, who each may terminate your Enrollment or take other punitive action if you are found to have engaged in such activity described above.

In certain instances, PerfectGift may allow a Recipient to select a PerfectGift Plus and eGift card for a different Merchant than the Merchant designated by a Purchaser. In certain instances PerfectGift also may allow a Recipient to select to receive, rather than redeem a PerfectGift Plus and eGift card, (1) a “closed-loop” e-gift code for the Merchant designated by Purchaser, or (2) an “open-loop” Visa (or other Card Network) gift card. A Recipient is not required to have a valid, active Enrollment in order to select to receive a “closed-loop,” or an “open-loop,” gift card or code as provided for in these Terms. A “closed-loop” e-gift code may be used only at the Merchant designated on the e-gift code, and an “open-loop” gift card may be used only at a Merchant accepting the “open-loop” gift card. Neither a “closed-loop” e-gift code nor an “open-loop” gift card may be redeemed for cash, unless required by applicable law. Whether a Recipient redeems a PerfectGift Plus and eGift card or selects to receive a “closed-loop” e-gift code or “open-loop” gift card, applicable portions of our Terms – including but not limited to, for example, limits on our responsibility for disputes and refunds; abilities to conduct verification activities, to prevent suspected fraud and abuse, and to suspend, deny, and/or terminate any redemption requests and/or use of any Service; and disclaimer of warranties, limitation of liability, and rights to indemnification, etc. – are equally and fully applicable.

Expiration

A Card may have an expiration date. Any and all expiration dates are not determined by us. Any and all expiration dates should be disclosed to you, either on the Card or via other appropriate written or electronic statement. After the expiration date, you will not be able to use the Card. However: (1) For “closed-loop” Cards, depending on the Merchant, after the expiration date you may be able to ask the Merchant for a replacement Card. You must contact the Merchant directly to ask for a replacement “closed-loop” Card; we are not able to issue replacement “closed-loop” Cards and we are not involved in requests for, issuance of, or provision/delivery/receipt of replacement “closed-loop” Cards. (2) For “open-loop” Cards, after the expiration date you may contact us (or the support number as indicated on the back of your “open-loop” Card), according to the instructions provided to you either on the Card or via other appropriate written or electronic statement, to ask for a replacement Card. We will be involved in requests for, issuance of, and provision/delivery/receipt of replacement “open-loop” Cards according to the terms and conditions specified on the Card and/or other appropriate written or electronic statement.

Control of Funds

The PerfectGift Services provides you as Recipient the ability to receive deposits to your payment card or financial institution account consistent with your valid and active PerfectGift Enrollment. Prior to the disbursement of funds to your card or account, funds are held by Sutton Bank for your benefit. At no time do funds pass into PerfectGift's legal ownership.

Following your redemption of a PerfectGift Plus and eGift card, PerfectGift will notify Sutton Bank that funds are to be disbursed to your payment card or financial institution account. Sutton Bank will then disburse funds to your card or account through the appropriate network.

Account and Purchase/Receipt Verification

No Card or PerfectGift Plus and eGift card Purchase Transaction is complete, and we will incur no delivery obligations, until we verify the authenticity of the Purchaser’s Enrollment. As a part of the verification process, we may require Purchaser to provide a copy of a valid driver’s license or other acceptable forms of government-issued ID that has name, date of birth, address, and photo as well as a photograph of the card used or to be used for the Purchase Transaction. We accept no responsibility for any delays in Card delivery or redemption due to verification requirements. Upon our verification that the Purchase Transaction is valid, we will notify Purchaser of a completed Purchase Transaction and deliver the Card.

Contests, Sweepstakes, and Special Offers or Promotions

We may, from time to time and in accordance with applicable law, conduct contests, sweepstakes, special offers or promotions, and/or similar activities. We may set forth specific terms and conditions governing any such activity that are in addition to or different from these Terms of Service. Where we set forth specific terms and conditions governing any such activity, those terms and conditions will govern the activity. By participating or otherwise engaging in such activity, you agree to the terms and conditions governing the activity.

Fraud and Abuse

We reserve the right to review, postpone, or cancel the purchase or redemption of any Card in our sole reasonable discretion. If we receive a claim or otherwise suspect that a Card purchased or redeemed through Perfect Gift was fraudulently purchased or redeemed or otherwise unauthorized, we reserve the right to immediately cancel the Card and recover any costs associated with the fraud. You give us express authorization to share information about you, your Enrollment, your purchase/redemption, and any of your activity with law enforcement authorities as needed to investigate any claim of fraud. If your Enrollment is determined to be fraudulent, we may suspend your Enrollment immediately and all pending Cards or other transactions that have not yet been redeemed may be suspended. Any remaining Cards that have not been used in resolving the fraudulent transaction will be returned to the Purchaser’s registered payment card or Merchant as applicable.

Access and Use of the Service

General Practices Regarding Use and Storage: You agree that we may establish general practices and limits concerning use of the Service, including but not limited to the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any of your information, account data, or other content maintained or uploaded by the Service. You acknowledge that we reserve the right to terminate any Enrollments that are inactive for an extended period of time or that are determined to be fraudulent. You further acknowledge that we reserve the right to change these general practices and limits at any time, in its sole discretion, with or without notice as long as there is no material adverse impact on any of your pending Cards and PerfectGift Pluses and eGift cards.

Mobile Services/TCPA Consent: To the extent you access the Service through a mobile device, your wireless service carrier’s message and data rates and other fees may apply. Use of certain features of the Service may be prohibited or restricted by your carrier, and not all features of the Service may work with all carriers or devices. When accessing the Service through a mobile device, unless you allow us access to your location, we may not be able to provide access to certain content if such content has geographic limitations.

By acknowledging these Terms, you consent to our communicating with you on your mobile device, including through the use of an automatic telephone dialing system or a prerecorded or artificial voice, by SMS, MMS, text message or other electronic means and that certain information about your usage of the products and features may be communicated to us. You are not required to enter into this agreement as a condition of using the Service. By providing us with a telephone number, you expressly waive any protections afforded to you under federal, state, or corporate Do Not Call lists for the purpose of receiving telephone calls or text messages from us related to your use of the Service. By providing us with a telephone number, you represent and warrant that you are the authorized subscriber to that telephone number and that you have the authority to provide consent to be contacted at that telephone number.

By providing us with a telephone number and by explicitly opt-ing in during our website processes to the PG eGift Texts short code program for receiving SMS messages, you consent to receiving applicable messages for the purposes of purchase receipt, purchased items receipt, receiving a gift, and/or selectively using your gift. Message frequency varies. Message and data rates may apply. If you would like more information or to receive assistance with SMS rates or our Service, replying "HELP" to any message will provide you with our contact information via email at support@perfectgift.com, via phone at (877) 448-4438, via text at (412) 912-4341, or online at https://perfectgift.com/faq .

If you would like to revoke this consent at any time, you may contact us via our Online Chatbot on this page. You also may opt-out through your PerfectGift.com account or otherwise according to instructions included in the communication you receive (for example, replying “STOP” to an SMS message). Even if you revoke this consent, you acknowledge that the remaining sections of the Terms will remain in effect. Carriers are not liable for delayed or undelivered messages. For any questions about privacy, please refer to our Privacy Policy

Account Password, Security, and Activity: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (i) immediately notify us of any unauthorized use of your password or Enrollment or any other breach of security, and (ii) ensure that you exit from your Enrollment at the end of each session when accessing the Service. If you remain signed into your Enrollment at the end of any session, any user accessing your device may be able to view and manipulate your Enrollment information and other sensitive information. We recommend that you exit from your Enrollment at the end of each session and that you use other security measures (for example, password protecting/”locking” a mobile device when not in use). We will not be liable for any loss or damage arising from your failure to comply with this Section.

Use of Trademarks/Logos: You and we understand and agree that your trademarks, service marks, trade names, designs, logos and/or copyrights (hereinafter “Marks”) will remain your sole property, and that our Marks will remain our sole property. Notwithstanding the foregoing, you agree that we are permitted without obtaining further consent to use your Marks and /or replications of your Marks on any and/or all of the Cards you may seek to purchase from us. Except to the extent expressly provided for herein, nothing in these Terms of service will confer in either of us any title to, right of ownership, or interest in the other’s Marks.

Modification: We reserve the right, at our sole discretion, to discontinue, change or modify portions of these Terms at any time. If we do this, we will post the changes and will indicate the date these Terms were last revised. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms. Any changes to these Terms will be effective upon posting; provided that these changes will be prospective only and not retroactive. If you do not agree to the changes, you may cancel your Enrollment and you should not use the Service after the effective date of the changes. We suggest you revisit our Terms regularly to ensure that you stay informed of any changes. You agree that our posting of any changes on the Terms page is adequate notice to advise you of these changes.

Please contact us at legal@perfectgift.com to report any violation of these Terms or to pose any questions regarding them.

Termination

You agree that we, in our sole discretion, may suspend or terminate your Enrollment (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, but not limited to, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. We may also in our sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your Enrollment and all related information and files in your Enrollment and/or bar any further access to such files or the Service. Further, you agree that we will not be liable to you or any third party for any termination of your access to the Service.

User Disputes

You agree that you are solely responsible for your interactions with any other user or Merchant in connection with the Service or any Card, and that we will have no liability or responsibility with respect thereto. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of the Service or Merchant, in each case in connection with the Service. You agree that, before you approach us or ask us to become involved in any way with any dispute between you and any other user of the Service or Merchant, you will first engage in demonstrable good faith efforts with the user or Merchant to fully resolve the dispute.

Indemnity

You agree to indemnify and hold us, and our officers, employees, directors, and agents harmless from any and all losses, damages, expenses, including but not limited to reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, your violation of these Terms, or your violation of any rights of another.

Additionally, you agree to indemnify and hold the Card Networks harmless from any and all losses, damages, expenses, including but not limited to reasonable attorneys' fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, your violation of these Terms, or your violation of any rights of another.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase from a Merchant.

WE MAKE NO WARRANTY THAT: (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

THIS DISCLAIMER OF WARRANTIES SHALL APPLY TO THE CARD NETWORKS RELATED TO THE SERVICES.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE, OUR CORPORATE AFFILIATES AND PERSONNEL, AND THE CARD NETWORKS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL PERFECT GIFT’S AND/OR THE CARD NETWORKS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PERFECT GIFT IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Arbitration

At our or your election, all disputes, claims, or controversies arising out of or relating to the Terms or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in Pittsburgh, Pennsylvania before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on damages set forth in these Terms and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under these Terms, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including, but not limited to, the reasonable legal fees and expenses of the prevailing party) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including, but not limited to, attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.

Miscellaneous

We are independent parties to these Terms, and nothing contained herein will be deemed or construed to create the relationship of principal and agent or of partnership or joint venture. This Agreement and the rights and obligations of the Parties hereunder shall be governed by, and construed and interpreted in accordance with, the laws of the Commonwealth of Pennsylvania, without regard to the conflict of laws provisions thereof. We and you hereby submit to the jurisdiction of the courts of Pittsburgh, Pennsylvania for the enforcement of any arbitral award or other action. These Terms set forth the entire agreement between us pertaining to the Service. You agree that we will not be liable for any delay or failure in our performance of any of the acts required by these Terms when such delay or failure arises from circumstances beyond our control and without the fault or negligence of us. Such causes may include, without limitation, acts of God, acts of local, state or national governments or public agencies, acts of public enemies, terrorism, widespread or extended utility or communication failures or delays, earthquakes, fire, flood, epidemics, riots or strikes. If any provision of these Terms (or any portion thereof) is determined to be invalid or unenforceable, it will be stricken and the remaining provisions of these Terms will remain in full force and effect and shall be binding on us and enforceable in accordance with their terms, as though the invalid or unenforceable provision (or portion thereof) was not contained in this Agreement. 

© Perfect Gift, LLC 2022 All rights reserved.