Rakuten Gift Card Shop – Terms of Sale

Welcome to the Rakuten Gift Card Shop! By using the Rakuten Gift Card Shop, you agree to be bound by these terms. These terms incorporate and supplement the Terms & Conditions for Cash Back shopping (the “General Terms”). All capitalized terms used but not expressly defined under these terms will have the meanings given to them under the Terms and Conditions for Cash Back shopping. Rakuten Gift Card Shop is brought to you by Ebates Performance Marketing, Inc. dba Rakuten Rewards (“we” or “us” or the “Company”) in partnership with Blackhawk Network Holdings, Inc. (“BNH”). BNH is the seller and merchant of record with respect to the gift cards sold on the Rakuten Gift Card Shop. Please review the BHN Terms of Use, and the BNH Privacy Policy prior to purchasing any Gift Cards.

Rakuten has the right to change these terms in whole or in part, at any time, with or without notice. Your continued use of the Rakuten Gift Card Shop after any such change constitutes your acceptance of the new Agreement – do not access the Rakuten Gift Card Shop if you do not agree to these terms. These Terms of Sale applies to all visitors, users, and others who access the Rakuten Gift Card Shop (“Users”).

In addition to these Terms of Sale, Users consent to our collection, use and disclosure of your personally identifiable information in accordance with our Privacy Policy and compliance with the General Terms.

Use of Rakuten Gift Card Shop

Rakuten Gift Card Shop is provided to good standing members of the Rakuten community to allow for the purchase of third-party gift cards, gift codes or other stored-value products (collectively, “Gift Cards”). As a condition of your use of this Rakuten Gift Card Shop, you warrant that: 1) you are at least 18 years of age; 2) you will use Rakuten Gift Card Shop in accordance with these terms; and 3) any and all information supplied by you on Rakuten Gift Card Shop is true, accurate, current, and complete.

Gift Cards

All Gift Cards featured on the Rakuten Gift Card Shop are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or any part of an order and to discontinue products without notice, even if you have already placed your order. All prices and rewards are subject to change without notice and the price charged to you and rewards provided to you will be the price and rewards displayed at the time you place your order. Purchases of Gift Cards through the Rakuten Gift Card Shop are subject to daily limits, as determined by Company in our sole discretion.

Gift Card Issuer Terms and Liability

Gift Cards purchased via the Rakuten Gift Card Shop are issued and activated by participating third-party merchants, retailers and vendors (collectively, “Gift Card Issuers”). Your purchase of each Gift Card will be governed by certain terms and conditions established by the relevant Gift Card Issuer. You should review and familiarize yourself with all applicable Gift Card Issuer terms and conditions prior to purchasing any Gift Card. If you have questions regarding the applicable Gift Card Issuer terms, please contact the issuing Gift Card Issuer.

As issuers of the Gift Cards, Gift Card Issuers (and not the Company) are fully responsible for all aspects of their Gift Card programs. Gift Card Issuers are also responsible for any and all liabilities, damages and costs suffered by you or any other customer in connection with your purchase and use of their Gift Card. While the Company strives to work with reputable Gift Card Issuers, the Company has no liability for (i) the sale of products or services to you by a Gift Card Issuer through the use of any Gift Card; and (ii) any Gift Card Issuer's failure to honor a Gift Card. You will need to look solely to the Gift Card Issuer for any remedy in connection with the foregoing issues.

Gift Card Errors

We attempt to be as accurate as possible and to eliminate errors on the products that we sell; however, the Company does not represent or warrant that any Gift Card and information about the Gift Card (including the description, Gift Card Issuer information or pricing information) provided is always accurate, complete, reliable, current or error-free. In the event of an error, in an order confirmation, in processing a Gift Card purchase, or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged.

Disclaimer

In addition to the disclaimers, limits on liability, indemnification obligations and other provisions set forth in the General Terms, which also apply to these Terms of Sale and are incorporated herein by this reference, you hereby waive, and release the Company and our affiliates from, any liabilities, damages and costs arising from or related to (i) your loss or the theft or dishonor by the Gift Card Issuer of any Gift Card; and (ii) any act or omission of a Gift Card Issuer in connection with a Gift Card it provides.

Risk of loss and title for each Gift Card shall pass to you when you complete your purchase of such Gift Card. The Company is not responsible for any damage or loss resulting from stolen or lost Gift Cards or any use of your Gift Cards without your permission, and is not responsible for replacing any lost, stolen or damaged Gift Cards.

The Company and its affiliates, partners, employees and agents make no warranties, express or implied, with respect to any Gift Cards, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose.

These disclaimers and limitations may or may not apply to you and are void where prohibited.

Payment

We may, but are not obligated to, accept various form of payment to complete a purchase on the Rakuten Gift Card Shop (together the “Payment Method”). Unless otherwise indicated, the denominated value of the Gift Card being purchased will be billed in full, in U.S. dollars, at the time you purchase. By making the purchase, you acknowledge that you are authorized to use the designated Payment Method and you authorize us to charge your purchase order to that Payment Method. When you provide your payment information, you authorize us to process and store your payment and related information using a third-party payment processor and other payment related parties as required. In the event that the Payment Method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically. You are responsible for resolving any problem we encounter in order to proceed with your order.

Taxes

With respect to the Gift Cards that you purchase on the Rakuten Gift Card Shop, the amount paid for any Gift Card does not include sales, value added or use taxes, which may be charged to you separately by the applicable Gift Card Issuer at the time you purchase products or services from the Gift Card Issuer using the Gift Card.

Earning Cashback

As specified with respect to each Gift Card you purchase on the Rakuten Gift Card Shop, if you are a registered member of Rakuten, you may earn the cash back (“Cash Back”). Please refer to the General Terms with respect to earning Cash Back.

Cancellations

All purchases made on the Rakuten Gift Card Shop are final. Gift Cards are non-returnable and non-refundable, provided, however, that if a Gift Card does not function, we may, in our sole discretion, either refund you the Gift Card purchase amount or replace the defective Gift Card with an alternative Gift Card or with products or services of equal value for the same Gift Card Issuer. If you have any questions or problems with your order, you may submit a request through our Member Services page.

Information Usage and Sharing

When you use Rakuten Gift Card Shop, we may also collect and store information relating to your use of Rakuten Gift Card Shop (“Usage Information”). For more information on how we collect and store information, please review our Privacy Policy.

Termination

We reserve the right, at any time, to modify or discontinue offering Rakuten Gift Card Shop in our sole discretion. If you are dissatisfied with any aspect of the Rakuten Gift Card Shop at any time, your sole and exclusive remedy is to cease using Rakuten Gift Card Shop. You agree that we will not be liable to you or to any third party for any modification, suspension, or termination of Rakuten Gift Card Shop.

Miscellaneous

Any failure to comply with these terms, any fraud or abuse relating to the accrual or receipt of benefits and rewards, or any misrepresentation of any information furnished to us, our partners, or our affiliates by you or anyone acting on your behalf may result in the termination of your account and/or forfeiture of your benefits and rewards, including any Cash Back. You agree to indemnify and hold us and our parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any party due to or arising out of your use of Rakuten Gift Card Shop.

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