FetanCard - Terms of Service
Last Updated: 02/03/2023
Welcome to FetanCard! Please carefully read the following Terms of Service ("Terms") before using our online gift card store. By accessing and using the FetanCard website, mobile application, or any other platform or services offered by FetanCard (collectively, "Services"), you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
1. Definitions
- "FetanCard," "we," "us," or "our" refer to the owners and operators of the online gift card store.
- "User," "you," or "your" refers to any individual or entity accessing or using our Services.
- "Gift Cards" refer to the digital or physical gift cards available for purchase on our platform.
- "Content" refers to all information, data, text, images, videos, and any other material provided through our Services.
2. Eligibility
By using our Services, you represent and warrant that you are at least 18 years of age or have legal capacity in your jurisdiction to enter into these Terms. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind the organization to these Terms.
3. Use of the Services
3.1. Account Registration: To access certain features of our Services, you may need to create a FetanCard account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to provide accurate and current information during the registration process.
3.2. Purchases: When you purchase Gift Cards through our Services, you agree to abide by the terms and conditions set by the Gift Card issuer, as well as any additional terms provided by FetanCard.
3.3. Prohibited Activities: You agree not to:
- Violate any applicable laws, regulations, or these Terms.
- Interfere with or disrupt the integrity or performance of our Services.
- Engage in fraudulent or deceptive activities.
- Use our Services for any illegal, harmful, or unauthorized purposes.
- Infringe upon the rights of others.
4. Intellectual Property
FetanCard is committed to upholding the intellectual property rights associated with our platform. The following provisions outline the ownership, usage, and protection of these rights:
4.1 Ownership and License: All content, logos, trademarks, and other intellectual property displayed or used on the FetanCard platform are owned by FetanCard or its licensors and are protected by copyright, trademark, and other intellectual property laws. FetanCard grants you a limited, non-exclusive, revocable license to access and use our platform for its intended purposes. This license does not permit you to use, copy, modify, distribute, or publicly display any of our intellectual property without our prior express written consent.
4.2 User-Generated Content: While using our services, you may have the option to submit user-generated content. By doing so, you grant FetanCard a non-exclusive, royalty-free, worldwide, and irrevocable license to use, reproduce, modify, distribute, and publicly display your user-generated content on the platform. This license is solely for the purpose of enabling FetanCard to operate, improve, and promote our services. You represent and warrant that you have the necessary rights and permissions to grant this license for any content you submit.
4.3 No Reverse Engineering: You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or structural framework of our platform or any software used in connection with it.
4.4 Reporting Intellectual Property Violations: FetanCard respects the intellectual property rights of others. If you believe that your intellectual property rights have been violated by any content or activity on our platform, please contact us through the channels provided in Section 11 ("Contact Us") with a detailed description of the alleged infringement.
4.5 Enforcement: FetanCard reserves the right to enforce its intellectual property rights to the fullest extent allowed by law, which may include legal action. We also reserve the right to suspend or terminate user accounts and access to the services for any violations of these intellectual property rights.
FetanCard's commitment to the protection of intellectual property rights is essential in maintaining the integrity and quality of our platform. Users are encouraged to respect these rights and report any potential violations promptly.
5. Warranties
FetanCard wants to assure you of the quality and reliability of our services. We provide the following warranties:
5.1 Accuracy Warranty: FetanCard strives to provide accurate and up-to-date information about Gift Cards and services. We warrant that the information presented on our platform is accurate to the best of our knowledge.
5.2 Service Availability Warranty: FetanCard aims to ensure the availability of our services. While we strive for uninterrupted service, we cannot guarantee that our platform will be continuously available without any interruptions or errors.
Please note that these warranties are provided to the extent permissible by applicable law and are subject to the limitations and disclaimers mentioned in the Terms of Service. Your use of our services is still at your own risk, and we cannot guarantee specific outcomes or results.
6. Limitation of Liability
FetanCard recognizes the importance of outlining the scope of our liability in a clear and professional manner to safeguard the interests of both our users and the platform itself. The following provisions pertain to the limitation of liability associated with the use of our services:
6.1 Direct Damages: FetanCard shall not be liable for any direct damages arising from the use of our services. Users acknowledge and accept that the direct damages, if any, resulting from any aspect of their use of our platform or services, shall be limited to the total amount paid for the specific Gift Card purchase giving rise to the claim. This limitation of direct damages applies to all claims, whether in contract, tort, or otherwise.
6.2 Indirect and Consequential Damages: To the fullest extent permitted by applicable law, FetanCard disclaims any responsibility for indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, loss of data, business interruption, or goodwill. This limitation of liability holds even if FetanCard has been advised of the possibility of such damages. Users accept that this limitation extends to all aspects of their interaction with our platform and services.
6.3 Third-Party Actions: FetanCard shall not be liable for the actions, inactions, or omissions of third-party issuers of Gift Cards available on our platform. Users understand and acknowledge that any issues or disputes related to the terms, conditions, or performance of Gift Cards must be addressed directly with the issuer.
6.4 Force Majeure: FetanCard is not liable for any failure or delay in the performance of its obligations under these Terms when such failure or delay is due to circumstances beyond its reasonable control, including, but not limited to, acts of nature, governmental actions, labor disputes, technical failures, or other events beyond the control of FetanCard.
6.5 Consumer Protection: Nothing in these Terms shall affect your statutory rights as a consumer under applicable consumer protection laws.
6.6 Waiver: In no event shall the limitations and disclaimers of liability in these Terms operate to waive or limit any rights or remedies that cannot be waived or limited under applicable law.
FetanCard takes the responsibility of its users' trust seriously and is dedicated to maintaining the quality and integrity of its platform while ensuring legal compliance. Users are encouraged to carefully consider these terms and understand the limitations on liability when using our services.
7. Indemnification
FetanCard places importance on the mutual understanding of the responsibilities and obligations of both our users and the platform itself. Indemnification is a critical aspect of these responsibilities, and the following provisions underscore the obligations associated with indemnification in a professional manner:
7.1 User's Obligation: Users agree to indemnify, defend, and hold harmless FetanCard, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with:
a. Your use of the FetanCard platform and services.
b. Your violation of these Terms or any applicable laws, regulations, or third-party rights.
c. Content you submit, post, or transmit on the platform.
d. Any disputes, issues, or conflicts arising from your interactions with third-party issuers of Gift Cards available on our platform.
7.2 FetanCard's Right to Defend: FetanCard reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such cases, you agree to cooperate with FetanCard in asserting any available defenses.
7.3 No Waiver: The indemnification obligations outlined in this section shall not operate to waive any rights or remedies that cannot be waived under applicable law.
7.4 Notification of Claims: You are required to promptly notify FetanCard of any claims, actions, or demands brought against you by a third party and agree to provide FetanCard with reasonable cooperation in the defense of such claims.
7.5 Consumer Protection: Nothing in these Terms shall affect your statutory rights as a consumer under applicable consumer protection laws.
FetanCard appreciates the commitment of its users to adhere to these indemnification provisions, ensuring that the rights, integrity, and interests of both parties are protected. This section clarifies the obligations associated with indemnification in a professional and legally sound manner.
8. Termination
FetanCard recognizes the importance of delineating the circumstances under which we may suspend or terminate a user's access to our services. In a professional manner, the following provisions outline the termination process and associated rights and responsibilities:
8.1 FetanCard's Discretion: FetanCard reserves the right to suspend or terminate your access to our services at our sole discretion, with or without notice. This discretion enables us to manage user behavior and maintain the integrity and security of our platform.
8.2 Reasons for Termination: Termination may occur for various reasons, including, but not limited to:
a. Violation of these Terms or any applicable laws, regulations, or third-party rights.
b. Engaging in fraudulent or deceptive activities.
c. Conduct that disrupts the integrity or performance of our platform.
d. Actions that could potentially harm the reputation or well-being of FetanCard or its users.
e. Any breach of the terms and conditions of specific Gift Cards.
f. Violation of our policies, guidelines, or any other terms associated with our services.
8.3 Effect of Termination: Upon termination of your access to our services, you agree to cease using our platform immediately. Any provisions of these Terms that, by their nature, should survive termination will continue to be binding, including but not limited to Sections 4 (Intellectual Property), 5 (Warranties and Disclaimers), 6 (Limitation of Liability), 7 (Indemnification), and 10 (Governing Law).
8.4 Notification: In the event of termination, FetanCard may or may not provide prior notice, depending on the circumstances. However, we are committed to acting in a fair and transparent manner.
8.5 Appeals: In certain cases, where warranted, FetanCard may consider appeals related to termination. Users may contact FetanCard through the channels provided in Section 11 ("Contact Us") to discuss the possibility of reinstatement.
8.6 Consumer Protection: Nothing in these Terms shall affect your statutory rights as a consumer under applicable consumer protection laws.
FetanCard appreciates the commitment of its users to adhere to these termination provisions, recognizing that they are essential to maintaining the quality, integrity, and security of our platform. This section outlines the termination process in a professional and legally sound manner, ensuring fairness and transparency.
9. Changes to Terms
FetanCard understands the importance of informing users about any updates or modifications to these Terms of Service. In a professional manner, the following provisions outline the process and expectations associated with changes to the Terms:
9.1 Updates and Modifications: FetanCard reserves the right to update or modify these Terms at any time, and such changes will be effective immediately upon being posted on our platform. We may also notify you of these changes through your provided contact information, email, or other appropriate means.
9.2 Continued Use: Your continued use of our services after changes to these Terms implies your acceptance of the updated Terms. It is your responsibility to regularly review these Terms to stay informed about any revisions. If you do not agree with the updated Terms, you should discontinue your use of our platform.
9.3 Notification of Material Changes: In the event of material changes to these Terms that significantly affect your rights or obligations, we will make reasonable efforts to provide conspicuous notice, such as via a prominent announcement on our platform or via email.
9.4 Contact Information: It is important to ensure that your contact information on your account is accurate and up to date. FetanCard will use this information to communicate important updates or modifications to these Terms.
9.5 Your Right to Object: If you object to any changes in these Terms, you may contact FetanCard through the channels provided in Section 11 ("Contact Us"). In such cases, we will work with you to reach a mutually agreeable resolution.
9.6 Consistency with Applicable Laws: All changes to these Terms will be made in a manner consistent with applicable laws and regulations, and your statutory rights as a consumer, where applicable, will be upheld.
FetanCard acknowledges the significance of user understanding and consent regarding any updates to these Terms. This section provides a professional framework for informing and addressing changes in the Terms of Service while upholding transparency and compliance with applicable laws and regulations.
10. Governing Law
FetanCard recognizes the importance of specifying the legal framework under which these Terms of Service are governed. In a professional manner, the following provisions outline the governing law and jurisdiction:
10.1 Jurisdiction and Applicable Law: These Terms are governed by and construed in accordance with the laws of the jurisdiction of USA. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located within this jurisdiction, except where prohibited by applicable law.
10.2 International Users: If you access or use our services from outside the jurisdiction of USA, you are responsible for compliance with local laws. FetanCard makes no representation that our services are appropriate or available for use in other locations.
10.3 Consumer Protection Laws: Nothing in these Terms shall affect your statutory rights as a consumer under applicable consumer protection laws, which may provide for different or additional rights.
10.4 Arbitration: In the event of a dispute between you and FetanCard, both parties may consider alternative dispute resolution methods, such as arbitration or mediation, in accordance with applicable law. FetanCard encourages the amicable resolution of disputes whenever possible.
10.5 Waiver of Class Action: To the fullest extent permitted by applicable law, you and FetanCard waive any right to pursue claims on a class or consolidated basis.
10.6 Legal Compliance: FetanCard is committed to legal compliance, and these Terms shall be interpreted in accordance with the laws and regulations of USA and other applicable legal authorities.
This section professionally outlines the governing law, jurisdiction, and legal considerations related to these Terms of Service. It provides a clear framework for addressing legal matters and disputes while emphasizing the importance of adhering to applicable laws and regulations.
These Terms shall be governed by and construed in accordance with the laws of USA, without regard to its conflict of law principles.
11. Contact Us
FetanCard understands the importance of effective communication with its users. In a professional manner, the following provisions outline how users can contact FetanCard and seek assistance or information:
11.1 Contact Channels: FetanCard provides multiple channels for user contact, including but not limited to the following:
a. Email: contact@fetancard.com
b. Customer Support: https://www.fetancard.com/contact
11.2 Response Time: FetanCard is committed to responding to inquiries and concerns promptly and efficiently. We aim to acknowledge receipt of inquiries within a reasonable time and to provide substantive responses within a reasonable timeframe. Response times may vary based on the complexity and volume of inquiries.
11.3 User Assistance: FetanCard is available to assist users with questions, concerns, or issues related to our services, these Terms, or any other matter. Our professional and knowledgeable support team is dedicated to providing clear and accurate information and guidance.
11.4 Accessibility: FetanCard is committed to ensuring that our contact channels are accessible to users with disabilities. If you require special accommodations or have accessibility concerns, please inform us, and we will make reasonable efforts to accommodate your needs.
11.5 Feedback and Suggestions: FetanCard welcomes user feedback and suggestions for improving our services. We value your input and encourage you to share your thoughts and ideas for enhancing the user experience.
11.6 Data Privacy: FetanCard is dedicated to safeguarding the privacy and security of user information. All data shared through contact channels will be handled in accordance with our Privacy Policy. Users are encouraged to review our Privacy Policy for more information on data handling practices.
11.7 Record of Communication: To ensure transparency and a professional record of communication, FetanCard may retain records of user inquiries, responses, and feedback.
11.8 Business Hours: FetanCard operates during specific business hours, and inquiries received outside these hours will be addressed during the next available business day. Users are encouraged to check our website for details on our business hours.
FetanCard values effective communication and professional engagement with its users, and this section outlines the various means of contact available to users while emphasizing responsiveness, accessibility, and data privacy considerations.
Thank you for using FetanCard!