WELCOME TO OMNICARD.COM
You agree that we may provide agreements and disclosures related to the OmniCard Site to you electronically instead of in paper form. Most communications between the Company and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other communication exchanged between you and the Company electronically shall satisfy any legal requirements that such communications be in writing. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this OmniCard Site. During the term that you maintain an Account with us for the OmniCard Site (“Account”), you agree to provide us with and maintain a valid email address where we may deliver these agreements and disclosures to you and that you will promptly notify us of any change in your email address. You understand that our ability to provide you this information is dependent upon this maintenance of a valid email address as well as your having access to a mobile device or personal computer with an internet browser and access to the internet.
Occasionally there may be information on the OmniCard Site that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. The Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice. We apologize for any inconvenience this may cause you. If you are not completely satisfied with your experience on the OmniCard Site, we ask that you contact us via e-mail at http://www.omnicard.com/about-us/contact-us.
Unless otherwise noted, all materials, including images, illustrations, graphics, logos, button icons, designs, icons, photographs, video clips and all other visual, written, or oral information contained on the OmniCard Site (collectively the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by the Company. Except as provided herein, you may not use the Contents in any way without the express written permission of the Company. The Company neither warrants nor represents that your use of the Contents will not infringe on rights of any third party not owned or affiliated with the Company. Except as specifically agreed to in writing by the Company, the OmniCard Site and the Contents are intended solely for personal non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the OmniCard Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not otherwise reproduce, publish, transmit, distribute, display, modify, create derivative work from, or sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the OmniCard Site or related software.
Except as otherwise agreed to by the Company, the Company offers you access to the OmniCard Site and to the content available on the OmniCard Site solely for your own personal and noncommercial use. You may not resell or make any commercial use of the OmniCard Site or the content on the OmniCard Site. You may not download or copy to any account information for the benefit of any other merchant. You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy the content in an unauthorized manner. You may not engage in practices of “screen scraping”, “database scraping”, or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the OmniCard Site, in any manner and any quantities not authorized by the Company. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of the Company or its affiliates without the Company’s prior written consent. You may not use meta tags or any other “hidden text” utilizing the Company’s name, trademarks or service marks without the express written consent of the Company.
You may not use this OmniCard Site in any manner that could damage, disable, overburden, or impair the OmniCard Site or interfere with any other person’s use and enjoyment of the OmniCard Site. The foregoing provisions are for the benefit of the Company, its affiliates, its subsidiaries and its third party content providers, licensors and strategic partners, if any, and each shall have the right to enforce certain provisions directly or on its own behalf. Illegal and/or unauthorized uses of this OmniCard Site, including, but not limited to, unauthorized framing of or linking to the OmniCard Site, or unauthorized use of any robot, spider, or other automated device on the OmniCard Site, or any manual process to monitor or copy any portion of the content contained on the OmniCard Site, will be investigated and appropriate legal action will be taken, including, without limitation, civil and criminal proceedings, proceedings for restraining orders and injunctions.
Use of the OmniCard Site is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the OmniCard Site. To sign up for an Account, you must provide your full legal name, email address, and a password. The Company may refuse access to or use of the OmniCard Site or any of the Company’s services (such as, but not limited to, listings, chat, discussion boards, email, and bidding) to anyone at any time, in its sole discretion.
REQUIREMENTS TO USE THE OMNICARD SITE
Use of the OmniCard Site requires internet access and certain software (fees may apply), and may be affected by the performance of these, and other, factors. You agree that these requirements are your responsibility. The OmniCard Site is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the OmniCard Site.
The Company does not warrant, represent, or guarantee that its OmniCard Site will be available on your mobile device. If you do use a mobile device to access the OmniCard Site, you are subject to the terms of your agreement with your mobile device manufacturer and carrier. You may incur charges from your mobile carrier for accessing the OmniCard Site, which are solely your responsibility.
Who May Use the OmniCard Site
The OmniCard Site is available for individuals who are at least eighteen (18) years of age or business entities authorized to conduct business by the state in which it operates. The OmniCard Site is available only in the United States, its territories, and possessions. You agree not to use or attempt to use the OmniCard Site from outside these locations. You may not export the OmniCard Site directly or indirectly, and acknowledge that the OmniCard Site may be subject to export restrictions.
To access the OmniCard Site you represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are using the OmniCard Site in the United States; (c) you will not transfer your access to the OmniCard Site to another person or allow another person to use your Account; (d) you are eligible to register and use the OmniCard Site and have the right, power, and ability to enter into and perform under this Agreement; (e) the name identified by you when you create your profile is your legal name (f) any transaction entered into by you will represent a binding agreement; and (g) you and all transactions initiated by you will comply with all applicable federal, state, and local laws, rules, and regulations, including any applicable tax laws and regulations.
The Company’s Rights
Interacting with the Company
Your use of the OmniCard Site includes the ability to enter into agreements and to make transactions electronically. You acknowledge that either you’re using the OmniCard Site or your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the OmniCard Site, including notices of cancellation, policies, contracts, and applications. To access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Account and Password
In order to access all the features and services of the OmniCard Site, you need a valid user ID and corresponding password. Upon signing up for an Account, you will be required to select a password. Your user ID and password are confidential and must not be distributed or disclosed by you to third parties. If you wish to change your password in the future, you can do so within the OmniCard Site by clicking the “Forgot Password” link. You are responsible for maintaining the confidentiality of your Account password. You are responsible for all uses of your Account, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your Account.
MERCHANT-ISSUED CLOSED LOOP GIFT ACCOUNTS
Purchasing or Redeeming a Merchant-Issued Closed Loop Gift Account
Merchant-issued closed loop gift card accounts in the form of either physical gift cards or codes used to access funds in those accounts (“Merchant-Issued Closed Loop Gift Accounts”) are available for purchase or redemption by individuals over the age of 18 years. You represent and warrant to the Company that you are at least 18 years old. The Company retains the sole discretion to refuse to sell Merchant-Issued Closed Loop Gift Accounts to any person for any reason. The amount of credit verified by the Company at the time of sale shall be deemed the available balance on the Merchant-Issued Closed Loop Gift Accounts. No refunds will be issued, offered or provided for the purchase of Merchant-Issued Closed Loop Gift Accounts.
No Return of Merchant-Issued Closed Loop Gift Accounts
Merchant-Issued Closed Loop Gift Accounts are non-refundable and non-returnable.
Use of Merchant-Issued Closed Loop Gift Accounts
A Merchant-Issued Closed Loop Gift Account may be used in accordance with the terms and conditions specified by the merchant or other party who issued that Merchant-Issued Closed Loop Gift Account.
Documentation of Transactions
At the time of purchase, you will receive an email receipt for the transaction. Retain the receipt for your records.
Disputes with Merchants
You agree to make a good faith effort to settle all disputes about purchases you make using your Merchant-Issued Closed Loop Gift Account with the merchant who accepted the Merchant-Issued Closed Loop Gift Account.
No Company liability for any Merchant-Issued Closed Loop Gift Account subsequent to delivery to you
Company is not responsible for any value lost from a Merchant-Issued Closed Loop Gift Account subsequent to your purchase and our delivery to you. To reduce the likelihood of such a loss, however, Company recommends protecting your personal computer and mobile device with an appropriate password. Specifically with respect to merchant-specific eGift Cards, for some merchants brands third-party vendors may provide issuance (including terms and conditions), fulfillment, customer service, and transaction-related services for those merchant-specific eGift Cards, and Company is not liable for any claims related to those services.
Notice of Errors
If you think a receipt is wrong or you have a question concerning a Merchant-Issued Closed Loop Gift Account transaction, call us toll free at 888-625-6606, or write to: OmniCard, LLC, 495 Mansfield Ave., Pittsburgh, PA 15205, or visit http://www.omnicard.com/about-us/contact-us as soon as you can. We must hear from you no later than 60 days after the transaction date and you must provide the following information: a) your name and Merchant-Issued Closed Loop Gift Account number; b) a description of the error or the transaction you are unsure about, and an explanation as to why you believe it is an error or why you need more information c) the dollar amount of the suspected error. If you tell us verbally, we may require that you send us your complaint or question in writing within 10 business days.
Disclaimer of Liability
- If the transaction would exceed the funds available through your selected form of payment
- If your connectivity, personal computer, or mobile device is not working properly
- If circumstances beyond our control (such as flood or fire or other natural disaster) prevent the transaction, despite reasonable precautions that we may have taken
- Any issue covered by the Disclaimer of Warranties section
The expiration of your Merchant-Issued Closed Loop Gift Account is dependent on the specific Merchant policies. We have no control over the expiration date, however, most Merchant-Issued Closed Loop Gift Accounts have no less than a 5 year expiration date, and many have no expiration date. After the Merchant-Issued Closed Loop Gift Account has expired or is deactivated, it is no longer valid. All transactions will be declined.
The OmniCard Site may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of any applicable law, regulation, ordinance or other rule imposed by any governmental authority, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other proprietary right.
You agree that you will not use or attempt to use another person’s or entity’s account, service or system without authorization from the owner, nor will you interfere with the security of the OmniCard Site, system resources or accounts or any network. You may not abuse systems, or make use of the OmniCard Site in a way that disrupts the normal use of the Company’s system or services for others. This includes but is not limited to, running excessive numbers of processes, attempting to disrupt the connections or other customers, consuming excessive amounts of CPU time, memory or disk space, or running multiple simultaneous logins.
FRAUD, ABUSE AND HARM
We may decide not to authorize or settle any transaction that you submit to us if we believe that the transaction is in violation of any agreement or exposes you, other users, our service providers or the Company to harm. Harm includes fraud and other criminal acts. If we reasonably suspect that your OmniCard Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your OmniCard Account purchases, and any of your activity with law enforcement authorities.
The Company reserves the right to review, postpone, or cancel the purchase on the OmniCard Site or the dispersal of funds to any user at our discretion. Additionally, you represent and warrant that you will not use the OmniCard Site, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the OmniCard Site, and you will not use the OmniCard Site for: (1) any illegal activity; (2) adult entertainment oriented products or services, regardless of the manner or form of such products; (3) internet/mail order/telephone order pharmacies or pharmacy referral services (where fulfillment of medication is performed with an internet or telephone consultation, absent a physical visit with a physician including re-importation of pharmaceuticals from foreign countries.); (4) internet/mail order/telephone order firearm or weapon sales; (5) internet/mail order/telephone order cigarette or tobacco sales; (6) drug paraphernalia; or (7) betting, including lottery tickets, casino gaming chips, off-track betting, and wagers at races; (8) infringing the rights or any person or entity, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service-attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods of technology; (9) transmitting, distributing, posting or submitting any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; (10) the distribution of unsolicited commercial email (“spam”) or advertisements; (11) “stalking” or harassing any other user of our products or services or collecting or storing any information about any other user other than for purposes of transacting as a user of the OmniCard Site; (12) registering for more than one user account or registering for a user account on behalf of an individual other than yourself; (13) impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity; (14) running automated scripts to collect information or otherwise interact with the OmniCard Site; or (15) advocating, encouraging, or assisting any third party in doing any of the foregoing.
With the ever increasing prevalence of identity theft, credit card fraud and money laundering practices, the Company prides itself on its progressive fraud prevention system that has produced minimal fraud-related losses to both the company and, more importantly, the cardholder.
Our fraud prevention efforts are continuously improving. We have been in the gift card/code business for many years now and have seen many fraud schemes related to these products. It seems, however, that fraudsters become more sophisticated as the e-commerce community grows, making it all the more necessary for merchants and cardholders to stay one step ahead of their scam tactics. We need your help in this fight. Should you come across any suspicious websites and/or e-mails that you suspect as being fraudulent, please report it to us immediately.
We may terminate this Agreement and modify or close your Account for any reason or no reason at any time with or without notice, and without liability of any kind or nature to you or any third party. We may also suspend your access to the OmniCard Site and/or your Account (including the funds in your Account) if you (a) have violated the terms or conditions of the Agreement, (b) pose an unacceptable risk to us, or (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct.
If your Account is terminated for any reason or no reason you agree: (a) to continue to be bound by this Agreement; (b) to immediately stop using the OmniCard Site; (c) that we reserve the right, but have no obligation, to delete your information and account data stored on our servers; and (d) that the Company shall not be liable to you or any third party for termination of your access to the OmniCard Site or deletion of your information or account data.
You may terminate this Agreement and other agreements by closing your Account at any time. Upon closure of an Account, any pending transactions will be cancelled and we will erase the contents of your wallet. Any funds that we are holding in custody for you at the time of closure, less any applicable fees, will be paid out to you in a reasonable time. If an investigation is pending at the time you close your Account, we may hold your funds as described herein. If you are later determined to be entitled to some or all of the funds in dispute, we will release those funds to you.
If we terminate this Agreement and your Account, you will remain liable for all amounts due under your Account up to and including the date of termination.
Restricting Access to Account Funds for Investigations
We may restrict access to funds in your Account to allow us to investigate the use of your Account, resolve any pending dispute, in response to a court order or if otherwise requested by law enforcement or any governmental entity. We may restrict access to funds in your Account for the time that it takes for us to complete any pending investigation or resolve a pending dispute. We also may restrict access to your funds as required by law, court order, or if otherwise requested by law enforcement or governmental entity.
DISCLAIMER OF WARRANTIES
YOU ARE USING THE OMNICARD SITE AT YOUR OWN RISK. THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES OR STRATEGIC PARTNERS PROVIDE THE MATERIALS ON THE OMNICARD SITE “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE COMPANY EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THE OMNICARD SITE, ALTHOUGH THE COMPANY MAY MODIFY THE MATERIALS AT ANY TIME WITHOUT NOTICE. COMPANY DOES NOT WARRANT THAT ANY PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE OMNICARD SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THE OMNICARD SITE AND ITS PRODUCTS AND SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND YOU AGREE THAT COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
IN NO EVENT WILL THE COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE OMNICARD SITE OR THE CONTENT INCLUDED THEREON, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE, OR SIMILAR ECONOMIC LOST, ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE OMNICARD SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE OMNICARD SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE OMNICARD SITE, FOR THE SERVICES PROVIDED ON THE OMNICARD SITE OR FOR OTHER INFORMATION PROVIDED TO YOU ON THIS OMNICARD SITE.
The Company also assumes no responsibility, and shall not be liable for, any damages to or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing of the OmniCard Site or your downloading of any materials, data, text, images, video or auction from the OmniCard Site.
PRIVACY AND SECURITY
Copyright, Trademarks and Patents
All content included on the OmniCard Site is the property of the Company or its content suppliers and protected by U.S. and international copyright, patent and/or trademark laws. The compilation (meaning the collection, arrangement and assembly) of all content on the OmniCard Site is the exclusive property of the Company and protected by U.S. and international copyright, patent and/or trademark laws. All software used on the OmniCard Site is the property the Company or its software suppliers and protected by U.S. and international copyright, patent and/or trademark laws. The content and software on the OmniCard Site is intended for use, and may be used, as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the OmniCard Site is strictly prohibited. Unless expressly authorized by the Company in writing, you may not use the contents with any product or services not provided by the Company, or in any manner that is likely to cause confusion among consumers or that might disparage or discredit the Company. All other trademarks and service marks appearing on the OmniCard Site are the property of the respective owners, including third party providers of products and services with links to and from the OmniCard Site.
Digital Millennium Copyright Act NOTICES
The Company respects the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our OmniCard Site without authorization in a way that constitutes copyright infringement, you may notify us by sending mail to our designated agent:
NAME: General Counsel
ADDRESS: DMCA Designated Agent
495 Mansfield Avenue, Pittsburgh, PA 15205
The notice must have the following information, as specified by federal law (Digital Millennium Copyright Act, 17 U.S.C. 512 (c)(3)):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
TAX REPORTING REQUIREMENTS
The Company sells gift cards and gift codes. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements. We cannot and do not offer tax advice to users.
OMNICARD IS NOT A MONEY SERVICES BUSINESS
The Company is not a bank or a money services business (“MSB”) and we do not offer banking or MSB services as defined by the United States Department of Treasury. Accordingly, you agree that you will not use the OmniCard Site or its products or services primarily for the purpose of transmitting funds.
GOVERNING LAW, ARBITRATION AND JURISDICTION
Entire Agreement, Severability
Last updated: March 2015