Terms of Service

 

Thanks for using Rybbon.

Please read these Terms of Service (“Terms”) carefully. By using Rybbon or signing up for an account, you’re agreeing to these Terms.

I. DESCRIPTION AND DEFINITIONS

Rybbon (“Rybbon” or the “Service”) is a Digital Gifting Service offered through the URL app.rybbon.net (the “Website”) that allows you (the “Customer”) to send gifts and rewards to your customers, employees and business contacts  (“Recipients”). The Service includes the Website, all related websites and mechanisms, such as Tokens, for integration with third-party services. The Service is owned and operated by Rybbon, LLC, a Virginia limited liability corporation (“Rybbon”, “we”, or “us”). This Terms of Service used to be called the Terms of Use.

II. DATA PROCESSING

To the extent that Rybbon processes any Customer Data, the terms of the Rybbon Data Processing Agreement, which are hereby incorporated by reference, shall apply

III. GIFTS

  1. The availability of gifts to Customer may be subject to approval from the Merchant providing the gift.
  2. The price of gifts and associated fees are subject to change.
  3. Merchant and service providers for prepaid cards are subject to change.
  4. 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.
  5. By ordering a gift Customer accepts the Merchant’s terms and conditions associated with the use of that gift.
  6. 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.
  7. Customer acknowledges that gifts sent through the Service are provided by third-party gift providers (Merchants) who provide issuing, fulfilment, customer service and transaction-related services for Merchant-specifc gifts, and Rybbon is not liable for any claims related to those services.

IV. RESTRICTIONS ON USE

  1. Customer shall only use Rybbon to send gifts for a loyalty, award or promotion program.
  2. Using Rybbon for sending personal gifts is not permitted.
  3. No single Recipient shall be sent gifts of $10,000 or more in a single banking day.
  4. Customer shall not further resell gifts acquired from Rybbon.
  5. Use of Service is subject to any and all applicable federal, state and local laws and ordinances.
  6. Rybbon reserves the right to request additional information to verify account information, payment methods and use of gifts. Rybbon reserves the right to reject any Customer accounts, orders and payments.
  7. Rybbon may suspend or terminate Service to Customer upon Customer’s breach of these Terms, or non-payment of past dues, or upon evidence of fraudulent or illegal use of the Service.

V. PURCHASE & REFUNDS

  1. 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.
  2. Customer may withdraw funds from Account Balance by requesting a check or credit back to the same credit card.
  3. No interest shall be paid or owed on funds in Account Balance
  4. 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. Rybbon reserves the right to reject payment by credit card for any order.

VI. DISCLAIMERS, LIMITATION OF LIABILITY

  1. 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.
  2. In no event shall Rybbon be liable for any loss or damage whatsoever arising out of or caused by your use of or inability to use the Service. In no event shall Rybbon’s entire liability with respect to the Service exceed the last 3 months fees paid by you towards the Service.

VII. GENERAL TERMS

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. Customer may cancel their account and terminate use of the Service by providing a 30 day termination notice to Rybbon.
  6. Miscellaneous:
    1. 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.
    2. Any unresolved dispute under these Terms shall be decided by arbitration conducted in Virginia, before a single arbitrator. The decision of the 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.
    3. These terms shall be governed by and construed in accordance with the procedural and substantive laws of the Commonwealth of Virginia.
    4. These Terms are for the benefit of the parties only.
    5. Rybbon may change any of the Terms by posting revised Terms of Service on our Website. Rybbon shall provide prior email Notice of any material changes by sending an email. Unless you terminate your account within ten (10) days after receipt of such email, the new Terms will be effective immediately and apply to any continued or new use of Rybbon. We may change the Website, the Service, or any features of the Service at any time.
    6. Rybbon may change the Website, the Service, or any features of the Service at any time.
    7. Even if this Agreement is terminated, the following sections will continue to apply: V, VI. 6(2), (3), (4) and (7).