These Gift Terms of Service (“Gift Terms”) incorporate and are in addition to the Kudoboard Terms of Service available at https://www.kudoboard.com/terms-of-service (the “Kudoboard Terms”). Defined terms not separately defined in these Gift Terms have the meaning assigned to them in the Kudoboard Terms.
These Gift Terms govern your purchase, receipt and/or use of a Gift, as defined below, in connection with the Kudoboard Services. By purchasing, gifting, or redeeming a Gift in connection with the Kudoboard Services you agree to these Gift Terms.
The Kudoboard Services may allow you to create, contribute to, and/or receive digital group cards or individual messages of appreciation (“Kudoboard Card”).
During creation of a Kudoboard Card using the Kudoboard Services, the individual initiating the Kudoboard Card (the “Creator”) may be given the option to enable gifting of merchant gift cards, prepaid debit cards, charitable donations, and other gifts to a recipient of the Kudoboard Card (“Gifts”). The Creator may be given different Gift options and limits (such as limiting the total Gift amount), and certain minimum or maximum value requirements may apply to Gifts, all of which Kudoboard reserves the right to change at any time in its sole discretion. The creator may invite individuals to contribute comments, pictures, other content, and Gifts to the Kudoboard Card (with the Creator, each a “Contributor”). Contributors must create a Kudoboard account in order to purchase a Gift. You must use a valid payment method, such as a credit card or accepted alternative payment method. Once a purchase of a Gift has been completed the Contributor will receive email confirmation of their payment and the selected payment method will be charged for the amount of the Gift plus fees. A processing fee will be added to all Gifts. Information about the processing fee can be found during checkout on the purchase page.
When you create or contribute to a Gift, you agree (i) to submit your own valid email address, (ii) to create a user name and password, if required, (iii) that all information you submit will be accurate and not misleading, (iv) that you are responsible for any and all uses of your account, whether or not you have authorized such use, (v) that you will not use Kudoboard for any unlawful or otherwise prohibited activity or any activity that Kudoboard may deem, in its sole discretion, to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud or similar activities, (vi) that your Gift is not and will not be used for the purpose of promoting or otherwise involving any election campaign, (vii) as a Creator, that any Gift you create will be used and conveyed to the person and for the purpose communicated or otherwise described to Contributors and potential Contributors; (viii) that you will not provide or offer to provide any goods or services in exchange for Gift purchases or contributions; (ix) that you will not attempt or conduct any self-payments or cash advances or lines of credit to yourself, any Contributor or any Gift recipient, or pay funds owed to third parties, or attempt to obfuscate the origin of any funds in connection with the Services; and (x) that you will not use the Kudoboard Services for commercial purposes.
A Gift may be funded by multiple Contributors. You must be at least 18 years or older to purchase a Gift. Recipients must be at least 13 years old.
No single Creator or Contributor may purchase more than $2,000 USD on any single Gift on any single day and no user may buy or send Gifts in an amount of $10,000 or more in any single day in one or more transactions. Recipient may not hold Gifts totaling $10,000 or more in a single day (e.g., from multiple Kudoboard Cards), or any single Gift in excess of $2,000.
Kudoboard does not have any control over the conduct of, or any information provided by Contributors, the Creator, or the intended recipient, or any other users of Kudoboard, and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. The dealings between Contributors, the Creator and/or intended recipients are solely between you. Kudoboard has no obligation to resolve any dispute between you and any other user. You must ultimately determine the appropriateness of purchasing or contributing to any Gift. If Kudoboard discovers or suspects at any time that information you provided is incorrect or violates the law, these Gift Terms, the Kudoboard Terms, or any other applicable terms of service in connection with the Services, including the terms of service for any third parties with which Kudoboard has entered into a contract, Kudoboard may suspend and/or terminate your access to the Services with immediate effect.
Except as expressly defined herein or as determined by Kudoboard in our sole discretion, all sales are final and there are no cancellations, refunds or exchanges permitted.
The Kudoboard Card Creator shall be responsible for finalizing and sending the Kudoboard card and Gift to the recipient. Kudoboard is not responsible if a Creator fails to finalize and send the Kudoboard card and Gift to recipient. Upon finalization by the Creator, the recipient will receive an email that contains a link to the Kudoboard Card and a link to redeem the Gift. To ensure Gift purchases are not fraudulent, there may be a delay between when the Gift is sent and when it can be redeemed.
Kudoboard Cards and Gifts must be sent to the Gift recipient within six months of the date the first Gift associated with a particular Kudoboard Card is purchased. If the Kudoboard Card and Gift is not sent to the recipient within six months of the date the first Gift is purchased, Kudoboard may at its sole discretion choose to redeem the Gift and transfer the Gift to the Creator or direct Stripe to return funds to Contributors and/or Kudoboard. Fees will not be refunded.
Once a Kudoboard Card and Gift have been sent to the recipient, the recipient will be directed to a third-party fulfillment partner to choose their Gift from available items. Recipient must agree to the terms and conditions of the third-party website in order to redeem the Gift for available items. Recipient may have the option to choose from items such as merchant gift cards, prepaid debit cards, charitable donations, and other gifts, which may change from time to time without notice or restriction. Merchant gift cards may be delivered to the recipient via email, text, or mail. Creator and Contributors will not be notified when the recipient redeems the Gift.
Kudoboard may at its sole discretion choose to purchase the Gift credit proactively for the recipient from the third-party fulfillment partner or wait for the recipient to redeem in order to purchase the Gift card. If the Gift credit has not been purchased from the third-party fulfillment partner within one year, Kudoboard may at its sole discretion choose to redeem the Gift from the third-party fulfillment center and transfer the Gift to the Creator, or direct Stripe to return the funds to Contributors and/or Kudoboard. Fees will not be refunded.
There may be restrictions on use of the items for which a recipient redeems a Gift. Merchant gift cards must be redeemed at the applicable retailer's website or physical retail store, subject to the retailer's then current terms and conditions. All merchant gift cards are subject to the terms and conditions of the specific retailer. Merchant gift cards and prepaid debit cards are not reloadable or refundable through Kudoboard. Kudoboard is not responsible for any loss or damage resulting from late or failed delivery of any product or services purchased through a retailer, any defect of any product or services, breach of any retailer's warranty, express or implied, or a retailer's failure to redeem a merchant gift card or prepaid gift card.
All risk of loss and title for the Gift will pass to the recipient upon redemption by the recipient. Kudoboard is not responsible if a Gift or item the Gift is redeemed for is lost, stolen, destroyed, or used without permission. Kudoboard has no obligation to monitor or investigate the sending or redemption of any Gifts. Kudoboard is not the issuer of the items the Gifts are redeemed for. Gifts are redeemed for items issued by a third party which shall be fully responsible for any and all claims or liabilities related to the redeemed items. If you have any questions once a Gift has been redeemed, please contact the third party that has issued the item. Some items Gifts are exchanged for (e.g., certain merchant gift cards) may not be redeemable outside the United States. Recipient should read the terms and limitations carefully before redeeming the Gift. Recipient may not hold Gifts totaling $10,000 or more in a single day (e.g., from multiple Kudoboard Cards), or any single Gift in excess of $2,000.
Kudoboard is not responsible if the Kudoboard Card recipient's contact information is incorrect, the Gift is not deliverable, or the Gift is delivered to someone other than the intended recipient. We encourage the Creator of the Kudoboard Card to carefully ensure all of the recipient's contact information is accurate and up to date. We also encourage the Creator to confirm with the recipient that the Kudoboard Card and Gift were received.
You agree not to use Kudoboard or Gifts to participate in any activity that violates applicable law. You agree to comply with all applicable law and terms of service when purchasing, gifting, or redeeming a Gift in connection with the Kudoboard Services. Kudoboard reserves the right to reject any Gift order or suspend redemption of any Gift order in the event Kudoboard reasonably believes such order to (a) be fraudulent, unauthorized, incomplete or false, or subject to any other dishonest or illegal conduct, or (b) violate applicable law or terms of service.
Kudoboard disclaims all express or implied warranties as to Gifts. These Gift Terms may be subject to change in Kudoboard's sole discretion subject to applicable law, including modification or termination of the Gift program at any time. Kudoboard reserves the right, at our sole discretion, to suspend, change, modify or terminate, temporarily or permanently, the Gift program at any time, without any liability to you or to any third party from any claims, damages, costs, or losses resulting therefrom. All changes are effective as of the date they are posted. Kudoboard may provide no notice of changes or notify you via e-mail at the e-mail address provided at the time of registration. Kudoboard is not a bank or licensed or regulated financial institution and does not offer banking, money service business services or money transmission services.