These Gift Card Terms of Service ("Terms") govern your use of On Me Gift Cards ("Gift Cards"). By purchasing or using a Gift Card, you agree to be bound by these Terms.

Eligible Merchants and Categories

Merchant Eligibility:

On Me Gift Cards are redeemable exclusively for purchases made at a curated selection of merchant locations, websites, or platforms that are designated by On Me Gifting Inc. as aligning with the specific category or interest linked to the purchased Gift Card. These merchants are carefully selected to match the preferences and interests related to each Gift Card category.

Category and Interest Specificity:

Each Gift Card corresponds to a specific category or interest. The Gift Card holder is entitled to swap their On Me Gift Card for a brand-specific gift card within that category, from a list of eligible brands provided by On Me. This list is tailored to encompass a range of top brands relevant to the category.

Merchant and Category Information:

An up-to-date list of eligible brands within each category is available for reference on the On Me website. This list is curated to ensure quality and relevance and is subject to change to reflect new partnerships and market trends.

Liability for Unauthorized Transactions:

On Me Gifting Inc. disclaims any liability for unauthorized transactions or misuse of the Gift Card. It is the responsibility of the Gift Card holder to ensure that the Gift Card is used in accordance with the terms and at eligible brands within the chosen category.

Disputes and Clarifications:

Any disputes or clarifications regarding the eligibility of a brand or a purchase category should be directed to On Me Customer Support. The final decision regarding any disputes and clarifications rests with On Me Gifting Inc.

Redemption of an On Me Gift Card

Digital Redemption:

On Me Gift Cards can be redeemed through our website at onme.com, allowing you to select from a range of eligible brands within the card's specific category. Upon selection, you will receive unique card details for a brand-specific gift card, which can be used both online and in-store where the brand is accepted.

Online Redemption:

To redeem your On Me Gift Card online, simply log in to onme.com, select your preferred brand from the eligible options, and follow the instructions to receive your brand-specific gift card details. These details can then be used for online purchases at the selected brand's website.

In-Store Redemption:

For in-store purchases, present the digital brand-specific gift card details at the time of purchase. Ensure that the store accepts digital gift card formats.

No Physical Card Issuance:

On Me Gift Cards are exclusively digital and are not available in a physical format. This ensures a swift and environmentally friendly delivery of your gifting experience. As such, no physical cards are issued as part of the On Me Gift Card program.

Device Compatibility:

While a specific digital wallet or device is not required, ensure that your device can access the internet and display the digital gift card details for use both online and in-store. On Me Gifting Inc. does not assume responsibility for device incompatibility or the inability to use a gift card due to device limitations.

Expiration and Dormancy Fees

No Expiration:

On Me Gift Cards do not have an expiration date. This ensures that the funds they represent are available for use at the holder's convenience, as long as the chosen brand or category remains available on our platform.

No Dormancy or Inactivity Fees:

We at On Me Gifting Inc. assure you that there are no dormancy or inactivity fees associated with our Gift Cards. Your Gift Card balance is protected and remains untouched, irrespective of the period of inactivity.

Flexibility to Modify Fee Structure:

While currently, there are no additional fees, On Me Gifting Inc. maintains the right to revise or introduce new fees in the future. Such changes, if any, will strictly adhere to applicable laws and regulations, ensuring transparency and fairness.

Notification of Fee Changes:

In the event of any alterations to our fee structure, On Me Gifting Inc. is committed to providing timely notifications to all users. This will be done through email or other communication methods registered by the user, in line with legal guidelines.

Consent to Changes:

Your continued utilization of the Gift Card following notification of any fee changes implies your acceptance of the revised terms. Should the changes be unsatisfactory, you are encouraged to discontinue the use of your Gift Card and reach out to our customer service for alternative solutions.

Reserve Rights for Changes in Holding Company and Gift Card Structure:

On Me Gifting Inc. reserves the right to change the holding company responsible for managing the underlying funds of the Gift Cards. In such an event, we will aim for a seamless availability of funds and will inform you of any such transition. Additionally, we hold the right to modify the gift card structure and the roster of redemption partners at our discretion. These changes, aimed at enhancing user experience and service quality, will be communicated to our users via email or in app messaging.

Lost or Stolen Cards

In the event of a lost, stolen, or potentially compromised On Me Gift Card or Account, immediate action is crucial to prevent unauthorized use.

Immediate Actions:

If you suspect your On Me Gift Card or associated account is compromised in any way, immediately contact support. You should also reset all passwords linked to your account via the “My Account” > Details Page, and update any compromised email or phone numbers. These steps are vital in preventing unauthorized access to gift cards.

Contact Customer Support:

Once your card is frozen, contact our Customer Support team without delay. We will assist you in securing your account and, if necessary, issue a replacement card.

User Responsibility:

On Me Gifting Inc. strives to maintain the highest level of security measures to protect your information and prevent unauthorized transactions. However, it is your responsibility to secure your devices and digital wallet access points. We are not liable for unauthorized transactions conducted from your account for any reason including and not limited to; lost or stolen devices, compromised security, such as sharing or loss of passwords or failure to use device security features like biometrics or PIN codes.

Prevention Measures:

We strongly recommend you take preventive measures to secure your On Me Gift Card and associated digital devices/wallets. These measures include, but are not limited to, using strong, unique passwords, enabling biometric or PIN security features on your device, never sharing your security details with third parties, and always signing out of your account when you are using a device that others have access to. This practice is especially important when using public or shared devices to prevent unauthorized access to your account.

Changes to Card Details:

If your On Me Gift Card details change due to being lost, stolen, or compromised, it is your responsibility to update your card information with any third parties where your card may be stored for recurring payments or purchases.Remember, swift action on your part significantly improves the chances of preventing unauthorized transactions. By using our services, you agree to these terms and conditions concerning lost or stolen cards.

Disputes and Chargebacks

User Responsibility:

In the event of a dispute or a chargeback related to a transaction made using an On Me Gift Card, the responsibility lies with you, the Gift Card holder, to engage directly with the associated merchant to resolve the issue. It is important to retain all transaction details and communicate effectively with the merchant for a timely resolution.

Exemption of On Me and Partners:

On Me Gifting Inc. does not engage in the resolution of disputes or chargebacks arising from transactions conducted with On Me Gift Cards. Our primary function is to facilitate the digital gift card service, and we do not involve ourselves in specific transactional disputes between gift card holders and merchants. Should you require support in understanding your On Me Gift Card or need information to assist in a dispute, please reach out to our customer support team.

Account Suspension, Termination, and Restriction

Right to Suspend, Terminate, or Restrict:

On Me and Partners expressly reserve the unilateral right to suspend, terminate, or restrict your access to the On Me Gift Card or associated account (collectively referred to as the "Account") at any time, in our absolute and sole discretion, without prior notice or liability to you. This action may be taken for reasons including, but not limited to, suspected or actual violations of these Terms of Service, indications of fraudulent activity, money laundering, illegal activity, or any other conduct that we deem may pose a risk to our operations, reputation, or compliance with applicable laws and regulations.

Investigations:

In the event of Account suspension, termination, or restriction, we may conduct investigations into the conduct in question and cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to cooperate fully with such investigations, including but not limited to the provision of specific identification and other information we may request.

No Liability:

On Me and partners are not liable for losses or damages resulting from account suspension, termination, or restriction.

Indemnification:

You agree to indemnify On Me, and our associates from any claims or expenses arising out of your violation of these Terms of Service or illegal activities.

User Responsibilities:

You are fully responsible for your actions while using our Gift Card and associated services. Any illegal or prohibited activity may be reported to law enforcement authorities, and On Me or any partners will not be responsible for your conduct.

Amendments to Terms

On Me Gifting Inc. maintains the prerogative to modify these Terms and Conditions, as necessitated by law or operational considerations. Notifications regarding any alterations will be communicated in the manner mandated by applicable law. Your sustained utilization of the On Me Gift Card following such modifications signifies your agreement to abide by the revised Terms and Conditions.

Arbitration and Class Action Waiver

User Agreement:

You and On Me Gifting Inc. agree that any claim, dispute, or controversy arising out of or relating to your use of the Gift Card program or these Terms and Conditions shall be resolved through binding individual arbitration, rather than in court. By agreeing to arbitration, both you and On Me Gifting Inc. waive the right to a trial by jury or to participate in a class action lawsuit. This arbitration agreement shall survive the termination of these Terms and Conditions, any bankruptcy, and any transfer, sale, or assignment of your Gift Card or any amounts owed on your Gift Card.

Scope of Claims:

You agree to bring claims solely on your personal behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree to abstain from participating in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if On Me is a party to the proceeding.

Arbitrator Authority:

The appointed arbitrator holds the exclusive authority to resolve any dispute relating to the enforceability or arbitrability of this arbitration provision, including any challenge that the provision or the agreement is void, voidable, or unconscionably challenged.

Enforcement:

Judgments on the award issued by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with this user agreement.

User Responsibility

Obligations:

As a user, you bear full responsibility for all media and content added or shared on the On Me platform. You are obligated to comply with all applicable laws, regulations, and rules when using the Gift Card program and our platform.

Liability Exemption:

On Me Gifting Inc. and Partners do not assume responsibility for any illegal or unauthorized activity that occurs as a result of your use of the Gift Card or our platform.

Governing Law

Jurisdictional Clause:

The interpretation, construction, and enforcement of these Terms, and the relationship between you and On Me, shall be governed and interpreted in accordance with the laws of the State of Delaware, irrespective of its conflict of law provisions.

Severability

In the event that any provision of these Terms is deemed invalid, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Customer Support

For assistance with any questions, issues, or concerns regarding your Gift Card, you can contact On Me Gifting Inc.'s customer support team through the contact information provided on our website. Our customer support team aims to resolve your issue promptly and efficiently.

No Cash Access

On Me Gift Cards are not redeemable for cash and cannot be used at ATMs or for cash withdrawals. The Gift Cards are intended solely for the purchase of goods and services within the specified category and at participating merchants listed in the "where to spend it" section of our platform.

Limitations on Use

On Me Gift Cards may not be used for illegal or unauthorized purposes, including, but not limited to, money laundering, terrorism financing, or other illicit activities. You agree to use the Gift Card in compliance with all applicable laws, regulations, and rules. Any use of

Limitation of Liability

On Me Gifting Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (a) your use of, or inability to use, the Gift Card program or platform; (b) any conduct or content of any third party on the platform, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; or (c) unauthorized access, use, or alteration of your Gift Card or platform data.

Recipient Information and Access

Responsibility for Information Provided:

As a gift sender, you are responsible for providing accurate recipient information, including their phone number, email address, or secure link. On Me Gifting Inc. will send the Gift Card to the recipient based on the information you provide. You agree to ensure the accuracy of the recipient's information and acknowledge that any errors in the information provided may result in the Gift Card being sent to the wrong recipient or being inaccessible.

Access to Gift Card:

The person who has access to the recipient's phone number, email address, or secure link provided by you will be able to pass the security steps needed to access the Gift Card. On Me Gifting Inc. takes no responsibility for any unauthorized access to or use of the Gift Card due to incorrect recipient information, compromised devices, phone numbers, email addresses, or any other means of access or control. The gift sender assumes full responsibility for the security and accuracy of the recipient's information. The Gift Card will only be activated upon the gift receiver creating an account after receiving the gift. Once the account creation process is completed, the Gift Card will be activated for use.

Delivery of Gift Card:

On Me Gifting Inc. will make reasonable efforts to deliver the Gift Card to the intended recipient based on the information provided by the gift sender. However, we disclaim any liability for Gift Cards sent to incorrect recipients or for any unauthorized access or use of the Gift Card as a result of the gift sender providing inaccurate or incomplete recipient information.

Non-Reloadable Cards and Category-Specific Replacement

On Me Gift Cards are non-reloadable, meaning that once the initial value has been loaded onto the Card, no additional funds can be added. If you receive a new gift card or create one for your own use within the same category (e.g., Tennis), the new gift card will replace the old one in that category. Any remaining funds from the previous gift card will be automatically transferred to the new gift card. Each category will only ever hold one active gift card. By using an On Me Gift Card, you acknowledge and agree to this non-reloading and category-specific replacement policy.

Third-Party Links

The On Me platform may include links to third-party websites or resources ("Third-Party Links"). These are provided for your convenience, not as an endorsement. On Me Gifting Inc. does not control these Third-Party Links and assumes no responsibility for their content, accuracy, or privacy practices.If you decide to access any Third-Party Links, you do so at your own risk and subject to their terms and conditions of use. We make no warranties regarding the completeness, accuracy, or timeliness of any information within these links and disclaim any liability for any content on or available from such sites.

Intellectual Property Rights

All rights, title, and interest in and to the On Me Gifting Inc. platform, including but not limited to the "On Me" name, the "On Me" logo, and any other On Me Gifting Inc. trademarks, service marks, logos, and trade names, including any associated goodwill (collectively, "On Me Intellectual Property"), are owned by or licensed to On Me Gifting Inc., subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.In addition, all trademarks, service marks, logos, and trade names of our partners, including, but not limited to, Apple Pay, Google Pay, Samsung Pay, and any associated goodwill (collectively, "Digital Wallet Intellectual Property"), are owned by or licensed to the respective digital wallet entities, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.You agree not to engage in the use, copying, or distribution of any of the On Me Intellectual Property or Digital Wallet Intellectual Property other than as expressly permitted herein.

Indemnification

You agree to indemnify, defend, and hold harmless On Me Gifting Inc., its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your use of the On Me Gift Card program, your conduct in connection with the program, or any violation of these Terms of Service, any law or the rights of any third party.This indemnification obligation will survive the termination of these Terms of Service and your use of the On Me Gift Card program. On Me Gifting Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with On Me Gifting Inc. in asserting any available defenses.

No Dormancy, Inactivity, or Other Fees

On Me Gifting Inc. does not charge any dormancy, inactivity, or other fees on our gift cards in accordance with applicable gift card laws in the United States and all states within the main 50 states. By using an On Me Gift Card, you acknowledge and agree that you will not be charged any such fees.We reserve the right to change this policy in the future, subject to applicable laws and regulations. If we decide to implement any fees on our gift cards, we will provide users with advance notice of such changes in accordance with the required notice period under applicable laws. It is your responsibility to review any updates to our Terms of Service, including any changes to our fee policy.

Business Restrictions

On Me Gifting Inc. reserves the right to refuse service to certain businesses or industries. This includes, but is not limited to, extreme adult entertainment, illegal gambling and betting, weapons and firearms, illicit drugs, and any other business that is illegal, fraudulent, or deceptive in nature. We reserve the right to add to this list at our discretion.

Split Transactions and Card Balance

Split Transactions:

In the event where the balance on your On Me Gift Card is insufficient to cover the entire cost of a purchase, you may opt for a "split transaction." This enables you to instruct the merchant to charge part of the purchase to the Card, while settling the remaining amount with another form of payment. Please be aware that not all merchants accept split transactions, and some may only accommodate such transactions if the remaining balance is paid in cash.

Non-Physical Card Transactions:

If you use your Card number without physically presenting your Card (such as for online transactions, mail orders, or telephone purchases), the legal consequences are equivalent to those of using the physical Card itself. For pay-at-the-pump gas stations, it's important to note that payment must be made inside the station.

Restrictions on Exceeding Card Balance:

You are strictly forbidden from exceeding the available balance of funds on your Card. Generally, any attempt to use the Card when there are insufficient funds will result in the transaction being declined. However, should a transaction that exceeds the available balance on your Card be processed due to a system malfunction or any other circumstance, you will remain fully liable to On Me Gifting Inc. for the total amount of the transaction. We strongly advise you to monitor your Card balance and be aware of the limits of your Card usage.

You are not allowed to exceed the balance of the funds available on your card:

If you attempt to use the Card when there are insufficient funds associated with it, the transaction will generally be declined. Nevertheless, if a transaction that exceeds the balance of the funds available on your Card occurs due to a system malfunction or otherwise, you shall remain fully liable to us for the amount of the transaction.

Receipts

You should get a receipt at the time you make a transaction using your Card. You agree to retain your receipt to verify your transactions.

Age Restrictions and Parental Consent

Age Limitations:

The Services of "On Me Gifting Inc" and their gift cards are not intended for children under the age of 13. To purchase an "On Me" gift card, you must be at least 18 years old or the age of majority in your jurisdiction of residence, whichever is older.

Usage Consent for those older than 13 and under 18:

If you are under 18 but older than 13, you may use an "On Me" gift card only with the consent and under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. If you are a parent or legal guardian permitting someone under 18 to use an "On Me" gift card, you agree to: Exercise supervision over the individual's use of our Services; Assume all risks associated with the individual's use of our Services and their contact with others; Assume any liability resulting from the individual's use of our Services; Ensure the accuracy and truthfulness of all information submitted by the individual; and, Assume responsibility and are bound by this Agreement for the individual’s actions using the Services.

Tax Obligations

As a user of our Service, you're accountable for identifying and paying all taxes or duties related to your use of the Service, including transactions or other interactions with On Me Gifting Inc. We don't determine, calculate, or remit any Taxes. For any tax-related inquiries, consult with a legal or tax advisor.

Entire Agreement

These Terms and any other terms and conditions referenced herein constitute the entire agreement between you and On Me regarding the Gift Card program and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Gift Card program.By using the On Me Gift Card program, 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 not use the Gift Card program.

California Consumer Privacy Act (CCPA) Compliance

Information Access & Data Portability

As a California resident, you can request disclosure of your personal information we've collected over the past 12 months. Upon a verifiable request, we'll provide details about categories and specifics of personal information collected, sources, business purposes for collection, and any third parties with whom we've shared your information.

Deletion Request Rights

You can request deletion of your personal information that we've collected, subject to certain exceptions. Upon a verifiable request, we'll delete your personal information from our records, unless an exception applies.We won't discriminate against you for exercising any of your CCPA rights. Please contact us at [privacy@on-me.com] to exercise these rights.

General Data Protection Regulation (GDPR)

If you are a resident of the European Union or believe that you are entitled to protections under the GDPR, you have certain rights with respect to your personal data. These rights include the right to access, correct, delete, or restrict processing of your data, and the right to data portability.Our product and service is only available in the USA. If you fall under GDPR law and wish to exercise any of these rights, please contact us at [privacy@on-me.com]. If required, we are committed to ensuring that your personal data is handled in compliance with EU data protection laws, and we will take necessary steps to meet these obligations.

Finality of Transactions and Refund Policy

Transaction Finality

Once an On Me Gift Card transaction is completed, it's deemed final. No refunds or exchanges are offered due to the immediate funds transfer to the recipient.

Schedule Send Modifications

For Gift Cards scheduled for future delivery, modifications to the ‘gift package’ may be possible within a certain time frame. This is not guaranteed and if available, it will be shown in the relevant section of the user interface.

Modification Consequences

Any changes made to scheduled Gift Cards adhere to the original purchase's terms and conditions. All finalized Gift Card purchases remain non-refundable and non-exchangeable.

User Agreement

By agreeing to our Terms of Service, you understand and accept this policy. We prioritize your satisfaction and are committed to maintaining transaction integrity and transparency.

Closing Remark:

By using the On Me Gift Card program, 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 not use the Gift Card. By using the Services, you represent and warrant that you meet all eligibility requirements we outline in these Terms of Service. We may still refuse to let certain people access or use the Services, however, and we reserve the right to change our eligibility criteria at any time.

It’s not just a gift card. It’s On Me.

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