Client Platform Terms of Service
Last updated Jan 25, 2023
(i) pertain exclusively to the use of the Client Platform web app, and
(ii) are supplemental to the “Enterprise Terms of Service”
or other commercial agreement your organization may have with GCOW®.
GCOW® Client Platform facilitates the ordering and email delivery of Digital Gift Card Codes.
To use GCOW® Client Platform, you must sign up for an account with GCOW®. There is no cost to having a GCOW® Client Platform account.
You must pre-fund your GCOW® Client Platform account with payment by ACH or bank wire. When your pre-payment of funds has cleared (which may take from one to five business days, depending on the funding method chosen), you will see the funds available in your account. Having cleared and settled funds available in your account will allow us to fulfill your digital gift card orders. Funds held in your account will not earn interest.
Digital Gift Cards are sent “activated” – meaning the recipient can immediately make use of the stored value in the code. Accordingly, it is very important that you provide accurate information and check it fully before you submit a GCOW® Client Platform order. Digital Gift Codes will be delivered to your recipients at no extra cost using the email templates provided in GCOW® Client Platform. GCOW® is not liable or responsible for (i) errors in a recipient name or email address, gift card brand, denomination, delivery instructions or any other information provided by you; (ii) the failure to deliver a gift code due to any circumstances outside of our control (for example, if someone other than your intended Recipient accesses the email account of that individual).
You may not send to a single Recipient Digital Gift Codes of $10,000 or more in a single banking day. No single Digital Gift Code may be in excess of $2,000.
An order placed by you is deemed to be a final, binding order. Once delivered, Digital Gift Codes are not returnable or refundable. All sales are deemed to take place in the State of Nevada.
You and your recipient are responsible for understanding applicable expiration rules regarding Digital Gift Codes. Generally, Gift Codes from U.S. Merchants that are dollar-denominated do not expire. Gift Codes for use outside of the U.S. may be subject to different expiration rules.
By accepting these Terms, you represent and warrant to GCOW® that you (i) have the authority for your organization to accept these Terms on behalf of your organization, (ii) will use this service only for lawful purposes and only in compliance with these Terms and all applicable laws, and (iii) have obtained legally-sufficient consent from recipients to share their email address with GCOW® for the purpose of delivery of the Digital Gift Code. We will not sell or transfer anyone’s personally-identifiable information, but we will retain it as needed for customer service and regulatory requirements.
Your further represent and warrant to GCOW® that any material you upload in connection with your use of GCOW® Client Platform will not include any defamatory, libelous, threatening, hateful, discriminatory, or harassing material, or any pornographic, obscene, gratuitously violent, illegal or otherwise offensive or objectionable content. You may not make use of any third party service marks or trademarks in connection with your use of GCOW® Client Platform.
GCOW,LLC may terminate or suspend the GCOW® Client Platform service tool at any time, without prior notice. GCOW® may terminate a company’s GCOW® Client Platform account immediately upon evidence of fraudulent or illegal use of the service. You agree that GCOW® shall not be liable to you or to any third party for any modification, suspension or discontinuance of GCOW® Client Platform. You acknowledge that GCOW® Client Platform is or may be provided with or without cost, on a trial, demo, beta or other basis, and that GCOW® may change, at any time, the conditions of your accessibility to the Service. In the event we make a material change to these Terms, we will post notification of the change on this site. Your continued use of GCOW® Client Platform will constitute your continuing acceptance of these Terms.
When you tell us that you want to terminate your GCOW® Client Platform account (or if GCOW® has terminated your account or the service itself), final settlement and return of any funds remaining in your account and not needed to pay for ordered gift cards shall take place no later than thirty (30) days after the date of termination Via GCOW® company check.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, (ii)REWARDS BY GCOW AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.REWARDS BY GCOW AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (iv) THAT THE SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REWARDS BY GCOW OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
LIMITATION OF LIABILITY AND INDEMNIFICATION
You agree that in the event of any damage or loss, even through our negligence or other fault, our sole obligation (and the sole obligation of our licensees, suppliers, and Merchant brands), and your sole remedy, is at our option, to replace the lost or damaged Digital Gift Code(s) or provide you with a refund or credit, for the cost of the purchase price for lost or damaged Digital Gift Code(s). You must submit a claim within thirty (30) days from your date of purchase.
You further agree and understand that GCOW® has no liability for the loss of (i) a Digital Gift Code after receipt by you or your recipient, (ii) any password or information you may choose to store in your GCOW® account or in your computer or mobile device, in the event your password, computer or mobile device is lost or stolen.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT AS EXPRESSLY OTHERWISE STATED HEREIN,REWARDS BY GCOW AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF REWARDS BY GCOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH 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 OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM OR AS A RESULT OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO 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 ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
You agree to indemnify and hold GCOW® and its affiliates, officers, agents, employees, partners and licensors harmless from and against any and all losses, damages, costs or expenses, any claim or demand, including reasonable attorneys fees and expenses, for any damage or loss caused to a third party by your use of GCOW® Client Platform.
For purposes of these Terms, “you” and “your” shall mean you, and “we”, “us,” and “our” means GCOW® and, if applicable, those third parties acting on behalf of GCOW® from time to time. “Recipient” means any individual to whom you use the service to send a Digital Gift Code. Title and risk of loss for Digital Gift Codes purchased by you through GCOW® Client Platform passes to you upon delivery of the Digital Gift Code to you or the email address you designate. We may assign our rights and responsibilities hereunder without notice to you. These Terms constitute the entire agreement between you and GCOW® concerning your use of GCOW® Client Platform. These Terms shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions. You and GCOW® agree to submit to the personal and exclusive jurisdiction of the courts located within Clark County, Nevada. Any claim arising out of, relating to, or concerning any interpretation, construction, performance, or breach of this Agreement, will be settled by arbitration to be held in Clark County, Nevada, in accordance with the rules then in effect of the American Arbitration Association. The arbitrator may grant injunctions or other relief in the dispute or controversy. The decision of the arbitrator will be final, conclusive, and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. You and GCOW® will each pay one half of the costs and expenses of the arbitration, and each will separately pay their own counsel fees and expenses. Any action brought by you with respect to any service or product of GCOW® or anything related to the website must be brought, if at all, within one (1) year from the accrual of such cause of action. The failure of GCOW® to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.