TERMS OF SERVICE - Recipient
Last Revised August 2020

Promotion Vault (“PV” or “Company”), an Arizona Corporation, and Promotion Vault’s website at www.promotionvault.com or my.promotionvault.com and any additional web pages or properties owned and /or operated by PV (collectively, the “site”) as well as all related web sites, applications (“VaultTools”), and other services provided by PV and on which a link to this Terms of Service agreement (collectively the “PV Services”). These Terms of Service are a legally binding contract between you (“Recipient”) and Promotion Vault regarding Recipient’s use of the PV Services. PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY ACTIVATING YOUR GIFT CARD OFFER, RECIPIENT ACKNOWLEDGES THAT RECIPIENT AGREES TO BE BOUND BY THE FOLLOWING TERMS AND SERVICE, INCLUDING THE PROMOTION VAULT PRIVACY POLICY. 

SERVICES OVERVIEW
Promotion Vault facilitates the ordering, delivery, and support of digital reward links used for incentive and reward programs. Promotion Vault is the business providing digital Gift Card fulfillment and support services to Recipients on behalf of the Subscribers.

DEFINITIONS
“Subscriber” means a person who represents a business and has activated a PV Services Account.

“Recipient” means a person who is eligible for one or more digital gift cards offered by Subscriber using the PV Services.

“Recipient Content” means all data provided by Subscriber to Company connected to Company’s performance of the PV Services.

“Gift Card” means a digital gift card that is purchased by a Subscriber via the PV Services and can be redeemed at a Merchant.

Gift Card Offer” means a gift card used as a promotional incentive.

“PV Services” means Promotion Vault’s software as a service platform that enables the ability to collect data and deliver digital reward links that are customizable and trackable.

“Reward Link” individual Recipient URL that accesses Merchant Gift Cards

“Vault Tools” means any proprietary applications that are part of the PV Services.

“Eligibility Date” means the date recipient content is entered into the PV Services.

“Activation Window” means a (90) ninety day time period commencing on the Eligibility Date. 

“Activate” or “Activation” means an action taken by a Recipient to confirm their eligibility.

“Available Date” means the date a Recipient reward is available.

“Merchant” or “Vendor” means a business that offers digital gift cards that can be purchased by Subscriber.

SERVICE ELIGIBILITY
Recipients must be 18 YEARS OF AGE OR OLDER. Recipients must have a valid email address.  By activating a gift card offer from a PV Services Subscriber, you agree to be bound by this agreement. Promotion Vault reserves the right to deny PV Services for any reason. No substitution or transfer is permitted and the offer may not be redeemed for cash or anything else of value. Recipients are subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.

OFFER ACTIVATION
Recipient’s must activate their Gift Card Offer within 90 days from their Eligibility Date @ http://my.promotionvault.com using the same valid email address provided by Subscriber, (“Recipient Content”).  All Gift Card Offers not Activated within 90 days will expire. 

For clarity, a Recipient activates a reward once the Recipient accepts the offer of the reward from Subscriber by confirming their email address @ http://my.promotionvault.com, irrespective of whether the Recipient uses the actual Gift Card to make purchases from a Merchant. An activated reward is supported for one year from the Recipients Eligibility Date upon which date PV has no further obligation to Subscriber or Recipient.

GIFT CARD AVAILABILITY
Upon Activation, the date the Gift Card will be available (“Available Date”) is displayed. On the Available Date, Recipients can choose and receive their digital Gift Cards.

Reward Links will be available as long as Subscriber has met all funding requirements. If an order is not funded within 30 days, the order will be canceled and the reward offer will expire. All funded Reward Links are available in The Vault for one year. No refunds or exchanges permitted.


USE OF SERVICES
Subject to the terms and conditions of this Agreement, PV grants to Recipient a limited, worldwide, non-exclusive, non-transferable right to use the PV Services to activate and receive digital reward links.

VAULT TOOLS
Data collected through any of the PV’s proprietary applications is considered Recipient Content and therefore is the property of the Company.

MERCHANT RULES
Gift Cards purchased via the PV Service are issued by participating third-party merchants, retailers and vendors (collectively “Vendors”). Your Gift Card will be governed by certain terms and conditions established by the issuing Vendor.  Vendor Gift Cards comply with all applicable laws including, without limitation, all federal, state, and local rules, laws, regulations, statutes, codes and ordinances applicable to gift cards.

FULFILLMENT SERVICES
Recipient acknowledges and agrees that Company’s Fulfillment obligations are expressly contingent upon Subscriber providing all necessary Recipient Content to Company including but not limited to; First Name, Last Name and Email Address. PV has no fulfillment obligations in connection with any such Recipients who do not have a valid email address.

Recipient hereby grants Company a license and right to use and copy any such Recipient Content submitted by Subscriber for the purpose of fulfilling Company’s obligations under the terms of this Agreement.

RECIPIENT CONTENT
Recipient Content provided to Company by Recipient connected to Company’s performance of Services is the property of Company.

CHANGES TO TERMS OF SERVICE
Promotion Vault reserves the right to change this agreement at any time without any prior notice.  Please check this Agreement often for changes. All other changes are effective upon publication of the changed Terms Of Service and Privacy Policy. 

REPRESENTATIONS AND WARRANTIES
The Company represents and warrants to Recipient that Company is and will be in compliance with all laws that pertain to this Agreement and the Services provided hereunder.

RECIPIENT EXPRESSLY AGREES THAT THE USE OF ANY AND ALL PRODUCTS AND SERVICES PROVIDED BY COMPANY, INCLUDING, BUT NOT LIMITED TO PV SERVICES INCLUDING VAULTOOLS, ARE AT RECIPIENTS OWN RISK AND THAT SUCH PRODUCTS AND SERVICES ARE AVAILABLE ON AN “AS IS” BASIS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY, OR IMPLIED WARRANTIES ARISING FROM COURSE OF PERFORMANCE OR COURSE OF CONDUCT AND COMPANY DISCLAIMS ANY SUCH WARRANTIES, OR ANY ECONOMIC BENEFIT RECIPIENT MAY GAIN FROM USE OF COMPANY’S PRODUCTS OR SERVICES. 

Recipients are responsible for understanding applicable activation and expiration rules regarding Reward Links. Generally, Gift Cards from the U.S. Merchants do not expire. Reward Codes for use outside of the U.S. may be subject to different merchant rules.

LIMITATION OF LIABILITY AND INDEMNIFICATION
Recipient agrees that in the event of any damage or loss, even through our negligence or other fault, our sole obligation (and the sole obligation of our licensees, suppliers, and Merchant brands), and your sole remedy, is at our option, to replace the lost or damaged Reward Link(s). You must submit a claim within thirty (30) days from your date of purchase.

Recipient further agrees and understands that Promotion Vault has no liability for the loss or expiration of a Reward Link after receipt by you.

Recipient further agrees and understands that Merchants are solely responsible to you for your ability to use, and the terms of usage of, Merchant gift cards. Each Merchant’s terms of use for its gift card(s) are available at the website. Those terms and conditions exclusively govern use of that Merchant’s gift card(s). Promotion Vault is not and shall not be in any manner responsible or liable for any Merchant actions, policies, or practices.

As issuers of the Gift Cards, Vendors and not Promotion Vault are fully responsible for all aspects of their Gift Card programs. Vendors 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. For a dispute with any e-Gift Card vendor, you release Promotion Vault (and its affiliates and subsidiaries, officers, directors, employees and agents) from any and all claims connected with such dispute.

RECIPIENT EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT AS EXPRESSLY OTHERWISE STATED HEREIN, PROMOTION VAULT AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM OR AS A RESULT OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

IN NO EVENT SHALL COMPANY’S LIABILITY TO RECIPIENT EXCEED THE TOTAL VALUE OF THE REWARD LINK IN QUESTION.

SERVICES DATA
Recipient agrees and acknowledges that the PV Services automatically log all Subscriber and Recipient activity conducted on the platform, and PV owns all right, title and interest in and to the Services Data. 

PRIVACY POLICY
Please read the PV Privacy Policy for information relating to our collection, use, storage and disclosure of Recipient’s personal information. The Promotion Vault Privacy Policy is hereby incorporated by reference into, and made a part of, this Agreement.

GENERAL
Reward support is available for Recipients.at my.promotionvault.com or by email: help@promotionvault.helpdesk.com.