GiftConga.com ™ -- Terms and Conditions

Terms & Conditions

ATTENTION
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. ACCESSING THIS SITE INDICATES THAT YOU AGREE TO EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN ("TERMS OF USE"). IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THIS SITE FOR ANY PURPOSE.

Terms & Conditions

Revised January 1, 2008

You must be a U.S. resident and 18 years of age or older to participate.

GiftConga™, ("GiftConga.com" or "we") may revise these terms at any time, at our sole discretion, without notice, by updating this posting. The revised terms will take effect when they are posted. Your continued use of the Service will signify your acceptance to the modified terms. Please review the terms on this website frequently to look for changes.

Use of this website assumes that you fully accept and agree to the Terms and Conditions set forth in this document. These Terms & Conditions also state that by signing up, you are certifying you have read and understand our Terms & Conditions.

We reserve the right to change the approval requirements necessary to receive a free item, including but not limited to increasing the number of friends required to get approved. We also reserve the right to change the methods through which free items are earned. This may include, but is not limited to, increasing the number of friends you have to refer or adding more steps to confirm that you have a legitimate account. We may also add or remove any product listed as an incentive at any time. If we replace a product, the new product may not be of equal value.

TERMS

A. REQUIREMENTS FOR MEMBERSHIP. To maintain a Membership in the GiftConga™ Service, You must meet the following requirements and GiftConga™ reserves the right to terminate the Membership of anyone who fails to meet these requirements on a continual basis.

A.1) Membership eligibility: To participate in GiftConga™, you must be an individual at least 18 years of age and reside in the United States of America. Corporations or other business entities are not eligible to participate. It is required that members establish and maintain only one account, and that account must be registered to a unique e-mail address. GiftConga™ reserves the right to terminate any or all duplicate accounts resulting in the potential loss of earnings contained in such accounts.

A.2) Valid Information. All members must provide accurate information about their identity. The member must also have a valid email address and a valid shipping address in the United States or a U.S. Territory. The member should also note that products will not be shipped to PO Boxes. Members must provide valid and truthful contact information including name, mailing address, and e-mail address to GiftConga™. Member must provide this same valid and truthful contact information as required by advertiser or partner when completing any offer presented by or in conjunction with GiftConga™. GiftConga™ reserves the right to terminate any account containing untruthful information or providing untruthful information to its advertisers or partners in the process of completing any offer presented by or in conjunction with GiftConga™.

A.3) Enrollment. To the full extent allowed by applicable law, GiftConga™ at its sole discretion and for any or no reason may refuse to accept applications for membership.

A.4) Emails. By signing up for this website, the member agrees to receive emails we or another 3rd party may send about special offers on our website, as well as third party advertisements or offers. If you do not wish to receive these emails, you may opt-out at any time, by clicking on the opt-out link in the email messages you receive from GiftConga™.

A.5) Accounts. Your account is personal to You and is not transferable; You may not allow anyone else to use Your account or to receive free item earned by You; You may not use anyone else's account or act to accrue free item for anyone else's account; You are responsible for keeping Your account information secret; referral credits are non-transferable. GiftConga™ will not be liable for losses that are incurred through the use of Your account by a third party or the disclosure of your account information.

A.7) Termination. GiftConga™ at its sole discretion and for any reason or no reason at all may terminate any Members without prior notice for (a) any violation of any provision of this Agreement; (b) aiding in or promoting circumvention of the GiftConga™ Service; (c) acting against the business interests or reputation of GiftConga™; (d) otherwise acting unlawfully in relationship to GiftConga™, the GiftConga™ website or the GiftConga™ Service; (e) breach of our Spamming Policy; (f) inactivity (defined as the failure to earn any free gift in your GiftConga™ account) for a continuous six-month period; or (g) any other reason at the discretion of GiftConga™. If your account is terminated by GiftConga™, You may not re-enroll or join under a new account unless formally invited to do so by GiftConga™.

A.8) Cancellation of Account. There is no way to cancel an account. If a member no longer wishes to remain a part of this site, they should cease to access their account, and nothing more will happen with their information.

A.9) Security. Any unauthorized use or entry ("hacking") into the GiftConga™ website is illegal and is punishable by law. The slightest violation of any law will provide sufficient impetus for us to prosecute the offender to the fullest extent of that law.

A.10) Member Etiquette. Member agrees not to use, or attempt to use, any part of GiftConga™ or the presentations for other purposes including but not limited to, tampering, hacking, spoofing, using robots or scripts, copying, distributing, modifying, or otherwise corrupting the administration, security, or proper function of any part of GiftConga™ or the presentations. Member also agrees not to make any attempt to earn or redeem earnings in a manner inconsistent with this Agreement, including without limitation attempting to earn earnings through other than legitimate channels as described on the GiftConga™ website, participating in purchasing or redemption fraud, or tampering with GiftConga™ links. GiftConga™ reserves the right to terminate any account violating this Agreement.

A.11) Redemption process requirements. GiftConga™ members must: (a) provide and submit their email address and password which has been verified by GiftConga™ (b) provide and submit their current mailing address (c) provide and submit their correct first name (d) sign-up, get approved for and activate (where applicable) the stated required amount of offer(s), the stated required amount of offer(s) per offer group. *For credit card offers, you must activate your card by making a purchase, transferring a balance, or making a cash advance. The stated required amount of offer(s) needs to be completed from "Offer Group 1" group, the stated required amount of offer(s) needs to be completed from "Offer Group 2" group and the stated required amount of offer(s) needs to be completed from "Offer Group 3" respectively. In the case where a member completes more then one offer in a specific offer group (example: Offer Group 1), only one gift credit of the 3 would be applied to members account. (e) remain an active member for up to 30 days or observe a waiting period of up to 30 days for all sponsor offers (f) complete and submit a Redemption Request Form. These conditions are mandatory for member to receive their gift.

A.12) Time Limit. You must click on the 'Click Here to get your gift' button within 180 days after the time of your last completed offer to receive your free gift.

B. OFFERS

B.1) Completion of Offers

(a) Members may only receive credit for first time offer completions. If the member has previously signed up for an offer elsewhere, he or she cannot receive credit for completing that offer on our network. For example, a member who is already a member of Netflix may not sign up for the Netflix offer through our website.

(b) The member must complete the offer by clicking on the offer from this website and nowhere else (including any of our affiliates, competitors, or the offer provider's website). Members must click the offer link via our page in order for us to correctly track and credit for a member's offer completion. Note that some applications like spyware blockers, or popup blockers may preclude these links from functioning correctly.

(c) In order to receive proper credit for completing an offer, a member must make sure that his or her browser settings are set to accept all cookies, and that they click our exact offer link to get to the offer provider's website.

B.2) Failure to be credited for an offer

(a) GiftConga™ does not guarantee that a member will receive credit for an offer. We reserve the right to refuse crediting a member for offer completion for a variety of reasons, including, but not limited to, lack of appropriate information, improper sign-up method, improper browser settings, and/or a history of manual credits. Manual credits are offers that are credited through emailing confirmation of completion.

(b) We are not responsible for delays in reporting offer completion or failure to receive offer credit. The time it takes to receive credit varies greatly.

(c) The member is responsible for saving all of the confirmation emails they receive associated with offer completion. We will not manually credit a member for an offer without receiving a confirmation email from the member. A confirmation email is an email that a member receives from an offer provider after their offer requirements have been fully satiated. However, presenting a confirmation email does not guarantee that a member will receive credit.

(d) If a member believes that they have fully completed an offer and yet, has not been credited, the member should once again make sure that they have in fact met all of the requirements stipulated by the offer provider and should verify that he or she has waited the appropriate amount of time for offer completion to be reported back to this website (this amount of time varies per offer). If the member confirms that they have performed all of the necessary actions, and have waited a sufficiently appropriate period of time, he or she should contact us via our customer service form on our website. The member should note, however, that GiftConga™ reserves the right to deny credit for an offer.

B.3) Terms of Offers

(a) GiftConga™ is not responsible for the terms and conditions of any of the affiliated websites or partner offers on our website. We make an effort to screen our offers to ensure the best possible experience for our members. However, we are not responsible for any ensuing charges or contracts incurred between a member and an offer provider. Members should carefully read the requirements, terms and conditions, and billing information for each offer.

(b) All members complete offers through affiliates at their own risk. We are not responsible for services or products associated with our affiliate offer providers. If there is a complaint about services or products received from an affiliate, members should directly contact the offer provider in question.

B.4) Eligibility for Receiving a Free Item

(a) Members must do the following to be eligible to get approval to receive their free product:

Complete and get credit for at the stated required amount of offer(s) themselves.
Refer at least the stated required amount of unique people who join and also correctly complete the specified number of offers, this can be found under the check status page, under the terms listed in this document.

(b) After a member signs up with our website and successfully completes an offer, they must get the stated required amount of people to also sign up with our website and successfully complete an offer to get their free item. In order to connect these referrals to the original member, we issue this member a unique link to our offer site, which they must then distribute to the intended parties. Thus, the member is entirely responsible for all communications regarding our offer sites. At no point during the offer process does GiftConga™ send out any communications on the member's behalf to encourage such signups to occur.

(c) A member may complete more than the stated required amount of offer(s) and may refer more than the stated required amount of referrals per free item in their queue, but cannot transfer credits for offers or referrals between queued up items. All referrals toward a free item must be made through the specific link provided for that one particular item.

(d) Referrals completing multiple offers will only count once towards referral accruement for the referrer.

(e) We will only give out credit for referrals who join by clicking on your referral link code. Anyone who does not click this URL or type it into their web browser exactly cannot be tracked, and thus, cannot be connected to your account. Note that some applications can remove the tracking part of this URL. Members assume the risk of not getting credit for some referrals when using our site(s).

(f) Members must be residents of the United States, and there can only be one account per shipping address.

B.5) Partner offers. If You are accepted by GiftConga™ as a Member of the GiftConga™ Service and meet all the requirements provided in this Agreement You may earn free items for completing partner offers. Member agrees to comply with this Agreement of GiftConga™ and its advertisers and partners in the process of completing any offer presented by or in conjunction with GiftConga™. GiftConga™ reserves the right to terminate any account violating this Agreement or the Agreement of any of its advertisers or partners.

B.6) You agree and understand that although GiftConga™ will make reasonable efforts to make the activity detection process fair and consistent, GiftConga™ does not guarantee the precision of the process. You will only be credited for completing offers as reasonably determined by GiftConga™.

B.7) There are conditions in order for GiftConga™ members to receive a free gift. GiftConga™ members must have cookies enabled. GiftConga™ members must access the partner site through GiftConga.com. These conditions are mandatory so that the partner will know that the GiftConga™ member used GiftConga.com to reach the partner site. You agree that all redemption processes shall be done through the Member Accounts page on GiftConga.com.

B.8) GiftConga™ does not warranty, guarantee, or insure the quality of any product or service requested from one of the partner offers.

B.9) GiftConga.com reserves the right to: a) substitute any gift item with another of similar functionality and/or value b) send a member the cash equivalent of the gift item.

C. ORDERS

C.1) Receipt of Product

(a) After a member completes the steps required to receive the product, GiftConga™ will take measures to ensure that the member receives orders within a reasonable amount of time. Delivery times vary amongst product suppliers, but most orders are received within 30 days from placing the order.

(b) On occasion, products may be back ordered or discontinued from our supplier or their manufacturer. In cases involving backordered products, products will ship as soon as they are made available. In cases involving discontinued products, we will re-issue you credit so that you can order another product of an equivalent value on our site.

(c) After a member receives a product, if we determine that he fraudulently completed the requirements, we have the right to take legal action against the member.

C.2) Delivery of Product

(a) All orders are mailed to the address provided by the member at the time the member orders the product. It is a member's responsibility to verify that the address provided is correct. GiftConga.com is not responsible for lost orders stemming from incorrect shipping addresses, theft, or erroneous deliveries. In the event that a situation arises necessitating package forwarding, GiftConga™ is in no way responsible for ensuring delivery.

(b) If a member does not receive a product, he or she should make sure that they have waited the appropriate time period and confirm that the shipping address given is indeed correct. In the event that an item is lost, GiftConga™ will make a reasonable effort to track the package and replace it if necessary.

(c) For any product that has confirmed delivery via a tracking number, GiftConga™ will not resend the order or refund the points back to a member's account. If an item is lost, a member can only receive a replacement product and cannot receive his or her points or credit back for an order. We reserve the right to refuse a replacement order or point or credit refund.

(d) If a member has received multiple orders at a shipping address, GiftConga™ has the right, at any time, to refuse future delivery to that address.

(e) Products listed on our websites may be new or refurbished, but will not be used. Refurbished items will come with complete warranties.

C.3) Cancellation of Orders

(a) A member may cancel an order while it is being processed by contacting us via the customer service contact form on our site. Once an order has been sent to our vendor for processing, or if has shipped, it cannot be changed or cancelled.

C.4) Availability of Product

(a) On occasion, products that appear on our websites may be back ordered or discontinued from our supplier or their manufacturer. In cases involving backordered products, products will ship as soon as they are made available. In cases involving discontinued products, we will re-issue you credit so that you can order another product of an equivalent value on our site.

C.5) Return Policy

(a) In the case of an error or mistake by GiftConga™ whereby a wrong product was shipped, we will make reasonable efforts to replace the product.

(b) If a product is found to be defective, the member should consult the warranty information included with his or her free item. We are not responsible for the repair or replacement of defective products. Please contact the relevant vendor for questions about damaged or defective products you receive. In cases where you do not know what vendor shipped it to you, we can pass along the appropriate vendor's contact information.

D. REFFERALS

D.1) Referral Fraud

(a) GiftConga™ reserves the right to screen all referrals for signs of fraud. We reserve the right, in our sole discretion, to determine which referrals are fraudulent, and to not disclose the reasoning behind this decision.

(b) If suspicion of fraud is found, the member may have his or her account placed on "hold" and would be unable to use any of his or her credit towards any free product.

E. HOLD

E.1) Common Reasons for Being Placed on Hold

(a) Multiple accounts.

(b) Fraudulent referrals.

(d) More than one account at a member's shipping address.

(e) Posting information on a website, forum, or auction that has to do with "canceling the offers" included, but not limited to, cancellation phone numbers, cancellation time frames, and any encouragement or direction to cancel the offers after signing up with them.

(f) Any other reason or a combination of reasons at the sole discretion of GiftConga™.

E.2) Additional terms regarding "hold" status

(a) We reserve the right to place a member's account on hold at any time.

(b) We are not responsible for notifying a member about his or her account being placed on hold.

(c) If an account is placed on hold, all orders will be frozen and the member will be unable to order from any of the GiftConga™ websites.

(d) A member who has had his or her account placed on hold may not create another account.

(e) A member's account will be on hold indefinitely. Holds do not expire.

(f) A member may not receive any reimbursement for points or referrals accumulated prior to being placed on hold.

(g) If a member feels that he or she has been placed on hold in error (i.e. has not acted against the terms of GiftConga™), he or she may contact us via our website.

(h) We reserve the right to place a member's account on hold after they have gotten credit for a free item, and even after ordering and receiving their free item. We also hold the right to follow up legally on fraudulent activities.

F. CUSTOMER SERVICE

F.1) Contacting Customer Support

(a) Due to the volume of customer service requests, we do not offer a telephone support. All questions, comments, and concerns should be sent to us only after reading our entire FAQ/Help information, as many answers to common questions can be found on that page.

(b) Please allow seven business days for responses to customer service inquiries.

(c) In order to ensure the preservation of account security and to promote customer service efficiency, members should only email us using the address with which they signed up for this website.

(d) We reserve the right to block any email address.

G. YOUR RELATIONSHIP TO GiftConga™. By filling out the membership information, You are applying to receive a service. Your relationship to GiftConga™ is one of an independent contractor and/or customer. No employee-employer relationship is created by Your use of the Service.

H. MONITORING YOUR ACCOUNT. You may view your account balance at the GiftConga™ "Account" web page. Account information is updated as confirmation is received from GiftConga™ marketing partners. If you have a question about your account, contact us from our FAQ page.

I. YOUR RELATIONSHIP WITH MARKETING PARTNERS. Your relationship with marketing partners whom GiftConga™ delivers offers for, including payment for and delivery of related goods or services, entry into and operation of promotions, discounts or contests, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such marketing partner. You agree not to hold GiftConga™ liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the content provided by such partners through the Service.

J. TERMINATION. If a Member's account is terminated by GiftConga™, GiftConga™ may refuse to "approve" a free gift if such free gift were earned in violation, or after violation, of this Agreement or were otherwise unlawfully obtained by the Member. If your account is terminated by GiftConga™, You may not re-enroll or join under a new account unless formally invited to do so by GiftConga™.

K. DISCLAIMER OF WARRANTIES. You expressly agree that use of the service is at your sole risk. The service is provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent allowed by applicable law, GiftConga™ expressly disclaims all warranties of any kind express or implied by law, custom or otherwise, including without limitation any warranty of merchantability, satisfactory quality, and fitness for a particular purpose or non-infringement. GiftConga™ makes no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through the service.

L. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER GIFTCONGA NOR ANY OF ITS MEMBERS, SUBSIDIARIES, PUBLISHERS, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL GIFTCONGA TOTAL CUMULATIVE LIABILITY TO ANY MEMBER UNDER THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THE VALUE OF ONE FREE FIFTY DOLLLARS GIFTCARD FROM THE GIFTCONGA WEBSITE.

M. GOVERNING LAW AND OTHER TERMS. Any action related to this Agreement will be governed by California law, excluding (1) principles of conflicts of laws, and (2) the United Nations Convention on Contracts for the International Sale of Goods. Any action relating to this Agreement shall be brought in the state or federal courts located in the Northern District of California, and You hereby submit to the exclusive jurisdiction and venue thereof. You agree to comply with the laws of California and the United States that apply to the use of this Service and the compensation You may receive. If the law of Your country, state, or province of residence prohibit or limit Your participation in this Service, then You are responsible for complying with such laws and you agree to indemnify GiftConga™ against any breach. If any part of this Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Agreement is personal to You and You may not transfer, delegate, or assign this Agreement, your referral network, your GiftConga™ account or other benefits you receive as a GiftConga™ Member to anyone. Any attempt by You to assign or delegate this Agreement shall be null and void. GiftConga™ may assign this Agreement at its sole discretion.

N. SECURITY. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, GiftConga™ has used appropriate industry standard procedures to safeguard the confidentiality of Your personal information, such as firewall, encryption, token authentication, application proxies, monitoring technology, and adaptive analysis of network traffic to track abuse of our network and its data. However, no data transmitted over the Internet can be 100% secure. As a result, while we strive to protect your personal information, GiftConga™ cannot guarantee the security of any information that you transmit to us or from our sponsors and You do so at Your own risk.

This Agreement constitutes the entire Agreement between You and GiftConga™ in connection with general membership in GiftConga™ and supersedes all prior agreements between the parties regarding the subject matter contained herein. If any provision of this AGREEMENT is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this AGREEMENT will remain in force. No failure of either party to exercise or enforce any of its rights under this AGREEMENT will act as a waiver of such rights.

O. CONTACTING US. If you have questions about the Service or this Agreement, please contact us by emailing us at support@giftconga.com.