Terms of Service

Last updated August 10th, 2024

These General Terms of Service (“Terms”) govern your purchase, use, and redemption of Gift Card Value and other services provided by On Me Gifting Inc. and Secure Gift Holdings LLC (collectively referred to as “On Me,” “Company,” “we,” “us,” or “our”). By purchasing or using Gift Card Value, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use our services. In these Terms, references to “On Me” or the “Company” include both On Me Gifting Inc. and Secure Gift Holdings LLC, as applicable.

1. Definitions

“Gift Card Value”: The monetary value purchased by users, which is held by Secure Gift Holdings LLC and can be redeemed for various forms, including but not limited to digital gift cards issued by Secure Gift Holdings LLC.
“Gift Card”: A digital gift card issued upon redemption of Gift Card Value, which can be used for purchases with participating affiliates.
“Affiliates”: Retailers or service providers that accept our Gift Cards or other redemption methods.
“Transaction”: Any use of the Gift Card or Gift Card Value to purchase goods or services.
“User”: The individual who engages with On Me’s products or services. This may include the person who purchases, sends, or manages Gift Card Value or Gift Cards on the platform. A User can be anyone who interacts with On Me Gifting Inc., including both senders and recipients of gift cards.
“Cardholder”: The individual who receives and redeems the Gift Card Value or Gift Cards. The Cardholder is specifically the recipient of a bank-issued gift card product and is the one who ultimately spends the funds associated with the Gift Card.
“Account”: The user account created by the user on our platform to manage Gift Card Value and Gift Cards.
“Redemption”: The process of converting Gift Card Value into a Gift Card or other form of value as defined by On Me.

2. Eligible Affiliates and Categories

Affiliates Eligibility: Gift Card Value can be redeemed exclusively at a curated selection of affiliates that align with the specific category or interest linked to the purchased Gift Card Value. The list of eligible affiliates is subject to change and is continually updated.
Category Specificity: Each Gift Card Value corresponds to a specific category or interest. Upon redemption, the user may receive a Gift Card associated with that category.
Affiliates and Category Information: An up-to-date list of eligible affiliates within each category is available on the OnMe.com website.

3. Redemption and Flexibility

Redemption Process: Gift Card Value can be redeemed through our platform, primarily as digital Gift Cards. On Me reserves the right to change the form of redemption in the future, including but not limited to offering alternative redemption methods.
Integration with Payment Platforms: Gift Cards may be used through compatible payment platforms such as Apple Pay and Google Pay, subject to the terms and conditions of those platforms. Users acknowledge and agree that the use of Gift Cards through these platforms is also governed by the terms of service and privacy policies of Apple Pay, Google Pay, and any other applicable payment platforms. On Me is not responsible for any issues, disruptions, or losses arising from the use of Gift Cards through these third-party platforms.
Future Flexibility: On Me may modify the redemption methods at any time at its sole discretion. Users will be notified of any such changes in advance. In the event that our partnership with a bank or other financial institution changes, we reserve the right to offer alternative methods of accessing the Gift Card Value.
No Physical Card Issuance: On Me Gift Cards are exclusively digital products. No physical cards will be issued. Users acknowledge that to redeem and spend the Gift Card Value, the recipient must have access to a compatible digital device, such as a smartphone, tablet, or any other mobile payment device that supports digital transactions. It is the responsibility of the user to ensure that the recipient has the necessary device and access to utilize the Gift Card. On Me is not responsible for any inability to use the Gift Card due to the lack of a compatible device or failure to meet technical requirements.

4. User Responsibilities and Prohibited Uses

Prohibited Activities: Users must not engage in fraudulent, illegal, or abusive behavior, including but not limited to attempts to manipulate the system, unauthorized use of the platform, or activities that could harm On Me, its affiliates, or its users.
User Conduct: Users are responsible for their actions on the platform, including interactions with affiliates and other users. Users must ensure that the recipient information provided (e.g., phone number, email) is accurate and secure. The Company is not responsible for any loss or misuse of Gift Card Value if accessed by unintended recipients due to incorrect or compromised recipient information.

5. Data Protection and Privacy

Data Collection: On Me collects, uses, and stores user data in accordance with our Privacy Policy. Users are advised to review the Privacy Policy to understand how their personal information is managed.
User Rights: Users have the right to access, correct, and delete their data as per applicable laws. Please refer to our Privacy Policy for detailed information on these rights and the procedures to exercise them.

6. Intellectual Property

Ownership: All content and intellectual property on the On Me platform, including trademarks, service marks, and logos, are owned by or licensed to On Me.
Usage Restrictions: Users may not use, copy, or distribute On Me’s intellectual property without express written permission from On Me.

7. Security and Account Responsibility

Account Security: Users are responsible for maintaining the security of their account credentials, which include but are not limited to passwords, email addresses, phone numbers, and any other login information used to access the On Me platform. Users must ensure that all security features, such as two-factor authentication, device encryption, and biometric security, are enabled and utilized where available. We strongly encourage users to create strong, unique passwords and to change them regularly to protect their accounts from unauthorized access.
Liability for Unauthorized Access: Users are fully responsible for any unauthorized transactions resulting from their failure to secure their account. This includes, but is not limited to, the sharing of passwords, failure to update or secure email addresses or phone numbers, or neglecting to enable and hold secure security features such as two-factor authentication. On Me is not liable for unauthorized access due to user negligence.

8. Fees and Charges

Current Fee Structure: On Me currently does not charge fees for inactivity or dormancy. However, On Me reserves the right to introduce fees in the future with prior notice to users, in accordance with applicable laws.
Notification of Changes: Users will be notified of any fee changes in a manner consistent with legal requirements, such as via email or through our platform.

9. Amendments to Terms

Right to Amend: On Me reserves the right to amend these Terms at any time, at its sole discretion. Users will be notified of any changes, and continued use of the services after such notification will constitute acceptance of the revised Terms.

10. Termination and Suspension

Conditions for Termination: On Me may terminate or suspend user accounts at its sole discretion, including but not limited to violations of these Terms, fraudulent activity, or any actions deemed harmful to the Company or other users.
No Liability: On Me is not liable for losses resulting from account termination or suspension, including any loss of Gift Card Value.

11. Governing Law and Jurisdiction

Jurisdiction: These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any disputes arising from these Terms or the use of On Me’s services will be resolved exclusively in the courts of Delaware.

12. Limitation of Liability

Comprehensive Limitation: On Me is not liable for indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from or related to the use of the platform, even if On Me has been advised of the possibility of such damages.
Liability Exemptions: On Me is not liable for unauthorized transactions, technical failures, or external factors beyond our control, including but not limited to service interruptions, data breaches, or fraudulent activity.

13. Dispute Resolution and Arbitration

Arbitration Clause: All disputes, claims, or controversies arising out of or relating to these Terms or the use of the platform will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Users waive the right to a trial by jury or to participate in class actions.
Enforcement: Arbitration awards may be enforced in any court with proper jurisdiction, and users agree to submit to the jurisdiction of such courts.

14. Indemnification

User Indemnification: Users agree to indemnify, defend, and hold harmless On Me, its affiliates, officers, directors, employees, and agents from any claims, damages, or expenses (including attorneys’ fees) arising from or related to their use of the platform or violation of these Terms.

15. No Cash Access

Non-Cash Redemption: Gift Card Value and Gift Cards cannot be redeemed for cash, except as required by applicable state laws. Users acknowledge that once a Gift Card Value is sent to a recipient's email or phone number, the recipient (or whoever has access to that email or phone number) has control over the Gift Card Value. Users must ensure that recipient information is accurate and secure. On Me will not provide refunds or reissue Gift Card Value if accessed by unintended recipients.

16. Finality of Transactions

No Refunds: All transactions involving the purchase and redemption of Gift Card Value are final. No refunds or exchanges will be provided unless required by law. Users should carefully review all transaction details before completing a purchase.

17. Entire Agreement

Supersession: These Terms, along with any other referenced documents, constitute the entire agreement between the user and On Me, superseding all prior agreements, understandings, or representations, whether oral or written, relating to the subject matter of these Terms.

18. Customer Support

Contact Information: Users can contact On Me Gifting Inc.’s customer support team through the contact details provided on our website for any questions, issues, or concerns. Our support team is committed to providing assistance in a timely and effective manner.

19. Force Majeure

Force Majeure: On Me Gifting Inc. shall not be liable for any failure or delay in the performance of its obligations under these Terms due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, strikes, labor disputes, governmental actions, epidemics, pandemics, failures of telecommunications or internet services, or any other event that constitutes a force majeure event. In such circumstances, On Me may suspend or terminate the affected services without liability.

20. Assignment and Transfer of Rights

Assignment: On Me Gifting Inc. reserves the right to assign or transfer its rights and obligations under these Terms, in whole or in part, to any third party, including but not limited to in the event of a merger, acquisition, sale of assets, or by operation of law. Users will be notified of any such assignment or transfer. Users may not assign or transfer their rights under these Terms without the prior written consent of On Me.

21. Disclaimer of Warranties

No Warranty: The services provided by On Me Gifting Inc. are offered on an "as-is" and "as-available" basis. On Me expressly disclaims all warranties, whether express or implied, including but not limited to implied warranties of affiliateability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing, usage, or trade. On Me does not warrant that the services will be uninterrupted, error-free, or completely secure, nor does it make any representations regarding the availability, accuracy, or reliability of the services.

22. Compliance with Laws and Regulations

Legal Compliance: Users agree to comply with all applicable local, state, federal, and international laws and regulations in connection with their use of On Me’s services, including but not limited to laws governing financial transactions, consumer protection, privacy, and data security. On Me reserves the right to take any necessary action, including terminating or suspending services, to ensure compliance with applicable laws and regulations.

23. Severability

Severability Clause: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severable from the remaining provisions of these Terms, and the invalidity, illegality, or unenforceability of that provision shall not affect the validity or enforceability of the remaining provisions. The remaining provisions of these Terms shall remain in full force and effect.

By using our services, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions. If you do not agree to these Terms, you must discontinue using our services immediately.

Contact Information

If you have any questions or concerns regarding these Terms, please contact us at: support@onme.com

Last Updated: August 10th, 2024.

Acceptance of Terms

Your continued use of our services after the posting of any changes to these Terms will constitute your acceptance of those changes. It is your responsibility to review these Terms periodically to stay informed about any updates or modifications.