By purchasing Express physical and digital gift cards (the “Gift Cards”) via this site (the “Services”), you agree to the following term (“Terms”).
You (the “Purchaser”) certify, represent and warrant that the purchasing party has a valid taxpayer identification Number. Purchaser agrees and acknowledges that it may only purchase Gift Cards for resale and/or further distribution to end users or consumers of the Gift Cards, and that it is not purchasing the Gift Cards for its own use to purchase products and services from Express. Purchaser may not purchase Gift Cards for resale, or sell Gift Cards, to other resellers without Express’ prior written consent.
Gift Cards may not be returned. Purchaser acknowledges and agrees that Gift Cards are not refundable for cash and may not be returned to Express. Gift Cards cannot be used as payment on corporate business accounts with Express. Upon activation of the Gift Cards, such Gift Cards are considered to be equivalent to cash and therefore Purchaser is solely responsible for lost or stolen Gift Cards upon activation. Purchaser shall comply with all applicable laws in any use or re-sale of the Gift Cards. Purchaser shall not modify or deface the Gift Cards or otherwise render the hereon unintelligible and shall issue and use the Gift Cards in accordance with the terms thereon. Purchaser agrees that at all times, any promotion or use of the Gift Cards shall be in accordance with Express’ marketing standards and policies as may be communicated by Express to Purchaser from time to time. All risk of loss and title of Gift Cards will pass to Purchaser upon delivery to Purchaser or to the recipients specified by Purchaser. Express will not deactivate or replace Gift Cards that have been deliver, except as expressly provided in these Terms.
Express may, in its sole discretion, provide Purchaser with a discount on the purchase of the Gift Cards, which may change from time to time. If a discount is available to Purchaser, it will be specified on the site.
Digital Gift Cards will be delivered and sent by eGifter to Purchaser to the email address Purchaser provides at the time of order or specify in its online account information or the end users or consumers at their email addresses as specified by Purchaser. Gift Cards delivered and sent electronically will be activated at the time of delivery. Physical Gift Cards will be delivered to Purchaser and will be activated at the time of delivery. Expedited shipping for physical Gift Cards may be available at additional cost.
Purchaser shall be responsible for all shipping costs, other than ground, which Purchaser will receive for free (3-5 business days) and shall provide Purchaser with a UPS or Federal Express account number that Express can charge for such costs. Within 2-3 business days following Express’ receipt of payment from Purchaser, Express will ship out the order.
Upon receipt of Gift Cards by Purchaser, Purchaser shall send an e-mail notification to [email protected] or such other address as may be advised by Purchaser from time to time. Purchaser will activate the Gift Cards within 1-2 business days of Purchaser’s receipt of such e-mail notification.
Gift cards may only be sold and distributed in the United States. Gift Cards may not be sold or distributed, directly or indirectly, regarding programs involving, relating to or otherwise associated with: tobacco, firearms, alcohol, religion, politics, programs directed to children under age 18, or any other programs which may violate any law, regulation, custom or practice.
The Express gift card terms and conditions, as provided by Express, must be provided to end users or consumers of the Gift Cards purchased. In addition, Purchaser will provide and display to customer prior to purchase the Express gift card terms and conditions and any other terms and conditions made available by Express to Purchaser.
Purchaser will implement and maintain adequate, reasonable and proper physical and electronic security measures to protect the Gift Cards from being lost, stolen, damaged or misused. Purchaser assumes all risk of fraud on the Gift Cards held, resold or otherwise distributed by Purchaser.
Purchaser will be solely responsible for the payment of any taxes applicable to its resale and/or distribution of the Gift Cards, Upon Express’ request. Purchaser will provide a copy of its resale certificate. Purchaser shall pay an amount for each Gift Card equal to the face value of the Gift Card less the applicable discount. The discounts may be changed by Express at any time in its sole discretion.
Purchaser will comply with federal, state and local laws, rules and regulations, including the FinCEN, Prepaid Access Rule, regarding the resale and/or distribution of Gift Cards, including applicable restriction, reporting, disclosure and other requirements relating to the sale and distribution of the Gift Cards.
Purchaser agrees that it shall not use any of the Express’ trademarks for any purpose without the prior written consent of Express except that Purchaser may lawfully display the Gift Cards bearing Express’ trademarks for sharing, provided such display is in accordance with Express’ marketing standards and policies as may be communicated by Express to Purchaser from time to time. All other Intellectual Property Rights of Express shall be retained by Express and nothing herein shall be deemed to convey rights in such Intellectual Property Rights.
Except as otherwise agreed in writing by Express, Purchaser will treat all Confidential Information as the valuable, confidential and proprietary information of Express and will use such information solely in connection with this Agreement. Purchaser will safeguard the Confidential Information with the same degree of care to avoid unauthorized disclosure and use thereof as Purchaser uses to protect its own Confidential Information, but no less than reasonable care, including, at a minimum, maintaining reasonable security procedures and practices, appropriate to the nature of the Confidential Information. Purchaser may disclose Confidential Information only to its employees, consultants and agents who have a need to know for purposes expressly contemplated by this Agreement, have been advised of the confidential nature of the Confidential Information and the restrictions on disclosure and use contained in this Agreement, and are either subject to written obligations of confidentiality substantially equivalent to those contained in this Agreement or are bound by law or professional ethics to safeguard the Confidential Information. Purchaser will be responsible for the compliance of each such employee, consultant and agent with the terms of this Agreement and shall indemnify and hold harmless Express for any and all damages, liabilities and claims arising out of Purchaser’s and its employee’s, consultant’s or agent’s breach of or noncompliance with the terms of this Agreement.