GiftYa Merchant Terms & Conditions
These Terms and Conditions set forth the terms and conditions between Merchant and GiftYa regarding the GiftYa digital egift program (the "Program"). There is NO FEE by participating.
- Promotional Materials; Merchant Content. In order to facilitate the performance of the Services by GiftYa, Merchant shall submit to GiftYa certain content and marketing materials, including without limitation names, graphic, images, symbols, trademarks, service marks, logos, trade names and other content (collectively, the “Merchant Content”). GiftYa shall use such Merchant Content as necessary and/or appropriate for the provision of the Services. Merchant hereby grants to GiftYa nonexclusive, worldwide, transferable, sublicensable licenses to display, use, perform, publish, copy, reproduce, transmit, distribute, and create derivative works of the Merchant Content solely in order to perform the Services. Merchant acknowledges and agrees that Merchant is solely and exclusively responsible and liable for all Merchant Content. Notwithstanding the foregoing, GiftYa shall not be obligated to use any of the Merchant Content and in no event shall GiftYa be required to use any Merchant Content that violates any applicable law, rule, or regulation.
- Information Disclosures and Consents
- Collection and Use of Merchant Information. Merchant consents to the monitoring, collection, and use of Merchant information which is required in order for the provision of GiftYa’s Services, including but not limited to the following: (i) posting Merchant name on GiftYa website and app; (ii) providing GiftYa partners with proof that Merchant has opted into the GiftYa program; (iii) accomplishing all aspects of transaction matching and allowing end users to accurately identify transactions; or (iv) as reasonably necessary or appropriate in order for GiftYa to provide the Services.
- Recipients of Merchant Information. Merchant consents to disclosure to, and receipt by, the following entities of the foregoing Merchant information: payment processors; card network entities; third party technology platform providers; end users’ financial institutions; and GiftYa’s financial institutions.
- Release. Merchant hereby releases all claims by Merchant and its representatives and affiliates against any and all entities identified in Section 2(b) for and in connection with account or statement crediting services, whereby a card network or financial institution issues an account or statement credit (or, in certain instances, a debit) to a network card holder or financial institution account holder that has (i) registered a network card or financial institution account as part of the Program; and (ii) made a qualifying purchase with such card or account or took an action to receive the reward.
- Proprietary Rights
- Reservation of Rights. GiftYa reserves all of its rights, title and interests in and to the Services (excluding any Merchant Content), Program and any other technology, copyrightable material or other intellectual property or other proprietary information, data or materials in connection with this Agreement (collectively, the “Intellectual Property”). Merchant acknowledges that no rights are granted to Merchant hereunder other than as expressly set forth herein. GiftYa acknowledges and agrees that Merchant retains all rights, title and interests in and to the Merchant Content supplied to GiftYa hereunder.
- Representations and Warranties. Each party represents and warrants to the other that: (a) the performance of its obligations hereunder, and the signature of the individual below, have been duly authorized by all necessary corporate actions; (b) neither the performance of any of its obligations hereunder, nor the consummation of any of the transactions contemplated hereby, will violate any agreement to which it is a party; (c) any and all individuals agreeing to these Terms and Conditions are fully authorized to do so.
- Insolvency. Insolvency. If GiftYa is insolvent or ceases to operate as a going concern, Merchant shall not be liable for any funds not received by Recipient. GiftYa represents and warrants that it has entered into a written agreement with a financial institution pursuant to which such institution shall hold all end user funds and shall provide recordkeeping and fund remittance services under applicable unclaimed property laws.