Terms and Conditions

1. Introduction

Welcome to GiftsandGreets.com ("we," "our," "us," or the "Service"). These Terms and Conditions ("Terms") govern your use of our website and services, including the creation of personalized gift cards and the purchase of brand gift cards through our platform.

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service.

2. Description of Service

GiftsandGreets.com provides the following services:

• Custom Gift Card Creation: Design and create personalized digital gift cards
• Brand Gift Card Marketplace: Purchase gift cards from various brands and retailers
• Digital Delivery: Share gift cards through secure, shareable links
• Payment Processing: Secure transaction processing for gift card purchases

3. Information Collection and Use

3.1 No Account Required

• Our Service does not require user account creation
• You can use our Service as a guest without registration

3.2 Information We Collect

• Sender Information: Name and phone number for gift card personalization and delivery
• Recipient Information: Name and phone number for gift card personalization and delivery
• Brand Requirements: Certain brand gift cards may require additional information for activation as mandated by the respective brands
• Payment Information: Processed exclusively through PayPal - we do not store payment details

3.3 Purpose of Information Collection

• Personalizing gift card messages and templates
• Meeting brand partner requirements for gift card activation
• Facilitating digital delivery of gift cards
• Compliance with anti-fraud and legal requirements

4. Gift Card Services

4.1 Custom Gift Cards

• Users can create personalized digital gift cards using our design tools
• Custom gift cards are for personal, non-commercial use unless otherwise agreed
• We retain the right to review and remove inappropriate content

4.2 Brand Gift Cards

• We offer gift cards from various third-party brands and retailers
• Brand gift cards are subject to the terms and conditions of the respective brands
• We use external APIs to process brand gift card transactions
• Availability of specific brands and denominations may vary

4.3 Digital Delivery

• Gift cards are delivered digitally through secure, shareable links
• Recipients do not need to create an account to receive gift cards
• Links remain active according to the terms specified at time of purchase

5. Payment Terms

5.1 Pricing and Fees

• Prices for brand gift cards are clearly displayed at the time of purchase
• Service fees, if any, will be disclosed before completing your transaction
• All payments are processed in the currency specified on our website

5.2 Payment Processing

• All payments are processed exclusively through PayPal
• PayPal is responsible for payment security, data handling, and transaction processing
• We do not store or have access to your payment information (credit cards, bank details, etc.)
• Payment disputes should be directed to PayPal according to their terms of service
• By making a purchase, you agree to PayPal's terms and conditions

5.3 Billing

• Billing is handled entirely by PayPal
• For billing inquiries or disputes, contact PayPal directly

6. Third-Party Services

6.1 External APIs

• We utilize third-party APIs for brand gift card processing and fulfillment
• We are not responsible for the availability, functionality, or security of external APIs
• Service interruptions may occur due to third-party API limitations

6.2 Brand Partner Requirements

• Some brand gift cards require sender and/or recipient information for activation
• Information requirements are determined by individual brand partners, not by us
• We collect only the minimum information required by each brand for gift card activation
• Brand gift cards are subject to the terms and conditions of the respective brands
• We are not responsible for brand-specific restrictions, expiration dates, or usage limitations

7. Refund and Return Policy

7.1 Digital Nature

• All sales are final due to the digital nature of our products
• Gift cards cannot be returned, exchanged, or refunded once delivered

7.2 Exceptions

• Refunds may be considered in cases of technical errors or unauthorized transactions
• Refund requests must be submitted within 24 hours of purchase
• We reserve the right to investigate all refund requests

8. Prohibited Uses

You may not use our Service to:

• Create or distribute inappropriate, offensive, or illegal content
• Violate any applicable laws or regulations
• Impersonate others or provide false information
• Attempt to hack, disrupt, or damage our systems
• Use our Service for money laundering or fraudulent activities
• Resell gift cards for commercial purposes without authorization

9. Intellectual Property

9.1 Our Content

• All content, trademarks, and intellectual property on our Service are owned by us or our licensors
• You may not copy, modify, or distribute our content without permission

9.2 User Content

• You retain ownership of content you create using our Service
• By using our Service, you grant us a license to use, display, and distribute your content
• You represent that you have the right to use all content you upload

10. Privacy and Data Protection

10.1 Information We Collect

• We collect only names and phone numbers of senders and recipients
• This information is used solely for gift card personalization and brand activation requirements
• We do not collect or store payment information - this is handled exclusively by PayPal

10.2 Data Usage

• Sender and recipient information is used to personalize gift card messages and templates
• Information may be shared with brand partners only when required for gift card activation
• We do not sell, rent, or share your information for marketing purposes

10.3 Data Protection

• We implement reasonable security measures to protect the information we collect
• Our Privacy Policy provides additional details about our data practices
• By using our Service, you consent to our data practices as described in our Privacy Policy

11. Disclaimers and Warranties

11.1 Service Availability

• We strive to maintain Service availability but cannot guarantee uninterrupted access
• Maintenance, updates, or technical issues may temporarily affect Service availability

11.2 Third-Party Reliability

• We are not responsible for the reliability or availability of third-party services
• Brand gift card availability depends on external API functionality

11.3 Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
• LOSS OF PROFITS, DATA, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM THIRD-PARTY SERVICES OR API FAILURES
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.

13. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your infringement of any third-party rights
• Content you create or share through our Service

14. Termination

14.1 Service Usage

• You may stop using our Service at any time
• No account deletion is necessary as we do not maintain user accounts

14.2 Service Discontinuation

• We may discontinue the Service with reasonable notice
• No user accounts exist to terminate, as our Service operates without user registration

14.3 Effect of Service Changes

• Previously purchased gift cards remain valid according to their original terms
• Service modifications do not affect already-delivered gift cards

15. Governing Law and Disputes

15.1 Governing Law

These Terms are governed by the laws of Chile, without regard to conflict of law principles.

15.2 Dispute Resolution

• We encourage resolving disputes through direct communication
• Any legal disputes shall be resolved in the courts of Santiago, Chile

16. Changes to Terms

• We reserve the right to modify these Terms at any time
• Material changes will be communicated via email or Service notifications
• Continued use after changes constitutes acceptance of new Terms
• Previous versions will remain available for reference

17. Contact Information

For questions about these Terms or our Service, please contact us:

18. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

19. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and GiftsandGreets.com regarding the use of our Service.