Thanks for using Rybbon.
I. DESCRIPTION AND DEFINITIONS
Rybbon (“Rybbon” or the “Service”) is a Digital Gifting Service offered through the URL www.rybbon.net (the “Website”) that allows you (the “Customer”) to send gifts and rewards to your customers and business contacts (“Recipients”). The Service includes the Website, all related websites and mechanisms, such as Tokens, for integration with third party services. The Rybbon Service is owned and operated by Rybbon, LLC, a Virginia limited liability corporation (“Rybbon”, “we”, or “us”).
II. Customer Data Confidentiality
Rybbon will not use any data provided by Customer, including Recipient information, except to the extent necessary to perform and provide the Services to Customer, which may include administrative contact with Recipient in connection with customer service and support, or as required by law. Rybbon will not sell or market data provided by Customer to any third party.
- The availability of gifts to Customer may be subject to approval from the Merchant providing the gift.
- The price of gifts and associated fees are subject to change.
- Merchant and service providers for prepaid cards are subject to change.
- If a gift listed has an incorrect price due to a typographical or human error, Rybbon has the right to refuse or cancel orders placed for the product with the incorrect price.
- By ordering a gift Customer accepts the Merchant’s terms and conditions associated with the use of that gift.
- Customer shall not further resell gifts acquired from Rybbon.
- Rybbon is not responsible for any value lost from a gift card account subsequent to its delivery and acceptance. To reduce the likelihood of such a loss, however, Rybbon encourages recipients to redeem gift cards on a timely basis.
- Third-party vendors may provide issuing, fulfillment, customer service and transaction-related services for merchant-specific gift cards, and Rybbon is not liable for any claims related to those services
III. PURCHASE & REFUNDS
- Customer can setup and fund Campaigns to offer gifts to Recipients and to purchase gifts that Recipients claim. When Customer places an order in a Campaign, Rybbon will allocate the order funds to Campaign gifts (“Campaign Funds”) pending claiming of gifts by Recipients. If a Recipient claims a Campaign gift, the Campaign Funds will be debited per the price of the gift and any applicable Rybbon fees. This debited amount is non-refundable irrespective of whether the Recipient uses the gift to make purchases. If the gift offer expires, 100% of the Campaign Funds allocated for the gift – minus any applicable Rybbon fees – will be refunded to Customer’s Account Balance and can be used to fund future orders. If Customer cancels a gift prior to offering it to a Recipient, 100% of the Campaign Funds allocated for the gift including any applicable Rybbon fees – will be refunded to Customer’s Account Balance.
- Customer may withdraw funds from Account Balance by requesting a check. Such requests will be subject to a 3% processing fee.
- Additional fees may apply when paying by Credit Card. Rybbon may limit the cards it accepts. Rybbon may limit the amount that can be paid using Credit Card.
IV. GENERAL TERMS
- Customer is responsible for the actions of individuals who are affiliated with Customer and who utilize the Service. In particular, Customer shall be solely responsible for determining which individuals may or may not participate in the campaigns it sponsors or offers.
- Customer shall be solely responsible for ensuring the accuracy/correctness of all data and commands which it enters in the Service platform and Rybbon shall have no liability for damages flowing therefrom.
- Customer shall ensure that at all times it has all requisite consents and permissions to contact the Recipient for Customer’s intended purposes.
- Customer understands and agrees that it is solely responsible for determining income reporting requirements for tax purposes. Because state and local laws vary significantly by geography, Rybbon cannot and does not offer tax advice to Customers.
- Rybbon owns and retains all rights to the Service not expressly granted to Customer. Customer acknowledges that any digital assets (Tokens, scripts or any piece of software code) made available to Customer by Rybbon is Rybbon’s intellectual property, and must only be used in the manner instructed by Rybbon. Reverse engineering, tampering or otherwise modifying these digital assets is expressly prohibited. Customer accepts responsibility for any damages caused to Rybbon or its customers because of unauthorized modification of Rybbon’s digital assets.
- The Service is provided on an “as is” basis, and Rybbon expressly disclaims all warranties of fitness for a particular purpose or as to accuracy, completeness or adequacy of service. Customer understands that it assumes the entire risk with respect to the use of the Service.
- Use of Service is subject to any and all applicable federal, state and local laws and ordinances.
- Rybbon reserves the right to reject any customer accounts and orders.
- Customer may cancel their account and terminate use of the Service by providing a 30 day termination notice to Rybbon.
- Customer may not assign any of your rights under this agreement to anyone else. Rybbon may assign our rights to any other individual or entity at our discretion.
- Any unresolved dispute under these Terms shall be decided by arbitration conducted in Virginia, before a single arbitrator. The decision of arbitrator shall be final and binding, and the award may be entered in any court having jurisdiction. The prevailing party in any arbitration shall be entitled to an award of its reasonable attorney’s fees and costs, in addition to any award of damages or other relief.
- These Term shall be governed by and construed in accordance with the procedural and substantive laws of the Commonwealth of Virginia.
- These Terms are for the benefit of the parties only.
- Even if this Agreement is terminated, the following sections will continue to apply: IV. 6, 10 (2), (3), (4) and (6).