Privacy Policy

eGift SocialSM Online Privacy Statement

Effective October 1, 2010

First Data Merchant Services Corporation is a subsidiary of First Data Corporation.  Protecting the privacy of users of the eGift SocialSM web site is important to us. Our Online Privacy Statement is designed to inform you about our collection of personal information on this web site. This policy applies to current and former customers of the eGift Social web site.  From time to time, First Data Merchant Services Corporation, (referred to in this policy as "FDMS") may modify this Online Privacy Statement, and we will notify you of changes as required by law.

The Online Privacy Statement is available on the home page of this web site as well as at various points on the web site where you provide us with personal information.

If you have any questions, please contact us at 1-866-599-8606.

We Collect Information Online That You Voluntarily Provide to Us and From Other Sources.

We collect information about you on this web site that you voluntarily provide to us in order to use our website or services. In addition, we may receive additional information from Facebook or other applications.  You should review the privacy practices of Facebook and other applications to understand the ways they will be using your data.  You should review the default privacy settings on Facebook and other applications and change them if necessary to reflect your preferences. Information that we collect includes, but may not be limited to, name, mailing address, email address, phone number, purchase information and history, credit card or other payment card data, driver’s license or other identifying documents, date of birth, and similar information.  If you supply us with personal information on this web site, we may use that information, for example, to:

  • confirm your orders, deliver products and services that you purchase or request, register you as a user of our web site(s) or retain your information for repeat purchases, bill you for your purchases, or respond to your inquiries;
  • comply with federal, state and local laws, including credit reporting laws and card association rules;
  • combat fraud or prevent criminal activity on your account;
  • send you coupons, merchandise or other offers from merchants which you have volunteered to receive;
  • to verify your identity; or
  • occasionally send you other information about First Data, its affiliates and business partners and their products and services that we believe you would find interesting.

FDMS collects personal information in the course of providing retail goods and services, program memberships, promotions, surveys or sweepstakes offers. We may collect other personal information you provide us, including information about other people, such as the name and address of a gift recipient or reference. By providing us with solicited or unsolicited personal information, you consent to our use and disclosure of such information, subject to applicable laws and the terms of this privacy policy.

This web site may use cookies or web beacons to aggregate information about the pages that users visit so that we can update and redesign, as necessary, our web site in order to provide you with the most useful information. FDMS does not disclose domain name or aggregate information to third parties other then vendors who assist us with our web site and who are under strict confidentiality requirements.

We may also disclose this personal information consistent with the uses described in this privacy policy, to our service providers, for our everyday business uses, and as permitted by law (such as to process transactions, maintain accounts, fulfill legal or regulatory obligations or if we determine such disclosure is legally advisable or necessary to protect our rights, the rights of others, or to prevent harm).  In addition, we may aggregate data about users of our site and use it for statistical purposes or to help us create or improve our products and services. 

We Are Committed to Protecting the Confidentiality of User Information.

Our policies limit access to personal user information that is collected from this web site to our employees and agents and the employees and/or agents of our affiliates and business partners who need the information to fulfill their business responsibilities.  In addition, we may send your credit card data to our business partners in order to complete your requested transaction.  We will also send your personal information to aggregators, ISPs or carriers in order to send an email or text message gift.  FDMS may disclose personal information collected online to our affiliates and to vendors who assist us with the web site. In some cases, this may require your information to be sent to other countries. By supplying your information on this web site, you consent to your information being transferred across national borders to FDMS, its affiliates, vendors or agents.   Vendors and other outside contractors we engage are subject to our contractual requirements for safeguarding personal information.

Employees and others with duties related to this web site must adhere to this Online Privacy Statement.  Our employees receive annual training about the privacy policies and procedures of First Data Corporation and its affiliates and subsidiaries including FDMS.    We acknowledge that protecting consumer privacy is a key part of our trusted relationship with our clients.

Any employee violating this Online Privacy Statement may be subject to disciplinary action, up to and including dismissal.

We Use Appropriate Security Safeguards.

At FDMS, security is a priority. FDMS employs appropriate measures, including advanced technology, to protect personal information collected online against unauthorized access, disclosure, alteration or destruction. These measures may include, among others, encryption, physical access security, and other appropriate technologies. FDMS reviews and enhances its security systems, as necessary.

This Web Site is Not Directed at Persons Under the Age of 13.

Our web site is not directed at persons under the age of 13 and FDMS does not knowingly collect or maintain information at our web site from persons we know are under the age of 13.  If you are under age of 13, please do not attempt to use this application or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under age of 13, we will delete that information as quickly as possible. We strongly recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet.

This Web Site May Be Linked to Other Web Sites.

As you navigate our site, you may click to web sites of our affiliated companies or business partners. Those web sites may have their own online privacy statements or policies. This Online Privacy Statement will not apply when you move to one of these other sites because affiliate privacy practices and policies are tailored to the products and services offered by the individual affiliate. If you visit the pages and sites of our affiliated business units please be sure to review the privacy policies applicable to those sites.

We may create links to third-party web sites. Neither First Data nor FDMS is responsible for the privacy practices employed by web sites that are linked to from our web site.  First Data or FDMS's privacy policies and practices do not apply to these sites.   First Data and FDMS do not guarantee, approve, or endorse any information, material, services, or products contained on these links. First Data and FDMS are not responsible for any content on sites linked from or to the eGift Social web site. First Data and FDMS are providing the linked sites as a convenience and your connection to any linked site is at your own risk.

This privacy policy only applies to the information we collect on the eGift Social web site.  This privacy policy does not apply to information we collect through other methods or sources, including sites owned or operated by our affiliates, vendors or partners.

How It Works

What is the eGift Social applicationSM?

It is a cool new way to send your friends real gifts from their favorite stores.  In just a few easy steps you can use the application to send a gift and your friend is notified in real time, either through Facebook or email. They can then redeem their gift at participating stores or online if applicable.

Why use the eGift Social applicationSM?

It's a fun, fast way to send real gifts to your friends even if your relationship is largely virtual or separated by miles.  Through Facebook, life happens in real-time, regardless of distance, and now you can respond to your friend's updates, successes, or just say hello with real-time gifts.  You can also register so future gift giving is even faster, plus other benefits (see below).

How does the application work?

  1. Select a store: choose from many of your favorites.
  2. Select a friend(s): once a store is selected, you can add one or multiple friends to whom you wish to give a gift.  You decide if you would like the gift notification sent to your friend(s) via Facebook, email, or both. 
  3. Select a gift(s): you then select one or multiple gift items to send to your selected friend(s), from the items offered by the store. 
  4. Checkout: when finished, you will proceed to checkout, where all major credit cards are securely accepted (at this point, if you have not yet registered you will be asked to do so).

Within the notification to your friend(s), they will receive a code that they can redeem at participating stores or online depending upon the merchant.

What other benefits does registration provide?

Registration is required to send a gift, but also provides many other benefits:

  1. You are able to view and manage all your gifting activity. 
  2. If a friend has lost the gift notification that was sent to them, you may resend it using the gift management tool.
  3. Allows you to securely store credit card information so that future gifting is even faster and easier. 

Frequently Asked Questions

What is the eGift SocialSM application?

It is a cool new way to send your friends real gifts from their favorite stores (i.e. an ice cream, sandwich, soda, etc.). In just a few easy steps you can use the application to send a gift either virtually or through the U.S. Postal Service, and your friend is notified in one hour, either through Facebook or email. They can then redeem their gift at participating stores either for the item you selected for them or they can apply the dollar value toward the purchase of another item of their choice. Online and in-store redemption may vary, please check with the merchant for their policy.

Why use the eGift SocialSM application?

It's a fun, fast way to send real gifts to your friends even if your relationship is largely virtual or you are separated by miles. Through Facebook, life happens in real-time, regardless of distance, and now you can respond to your friend's updates, successes, or just say hello quickly and easily. You can also register so future gift giving is even faster, plus other benefits (see below).

How does the application work?

  1. Select a store: choose from many of your favorites.
  2. Select a friend(s): once a store is selected, you can add one or multiple friends to whom you wish to give a gift. You decide if you would like the gift notification sent to your friend(s) via Facebook, email, or both. If a merchant has chosen to allow for physical card delivery, you may also select that by entering in your friends mailing address.
  3. Select a gift(s): you then select one or multiple gift items to send to your selected friend(s), from the items offered by the store.
  4. Checkout: when finished, you will proceed to checkout, where all major credit cards are securely accepted (at this point, if you have not yet registered you will be asked to do so or you may continue as a guest).

Within the notification to your friend(s), they will receive a code that they can redeem at participating stores, either for the item you selected for them or they can apply the dollar value toward the purchase of another item(s) of their choice. Online and in-store redemption may vary, please check with the merchant for their policy.

What benefits does registration provide?

  1. You are able to view and manage all your gifting activity.
  2. If a friend has lost the gift notification that was sent to them, you may resend it using the gift management tool.
  3. Allows you to securely store credit card information so that future gifting is even faster and easier.

What is Guest Check Out?

Guest Check Out is an option for customers that do not wish to register as an eGift Application user.

What benefits does Guest Check Out provide?

  1. You are able to move quickly through gifting your friend by selecting to proceed to checking out as a guest.
  2. You will only provide your credit card information, your email address, and accept the Terms of Service.

If I check out as a guest, will I be able to view transaction history?

You will be able to view specific transactions by clicking a secure link that is emailed to you after each transaction. This will allow you to view the progress of that specific transaction. However, you will not be able to see all transactions at one time.

If I check out as a guest and my gift is not delivered, what should I do?

A secure link will be sent in the gift delivery failure notification and an option to resend the gift that has failed to deliver.

Where can I find the eGift SocialSM application?

The application is available on Facebook (http://apps.facebook.com/egiftsocial) or through the eGift Social Marketplace (https://www.egiftsocial.com).

How do I find the application on Facebook?

First, you must have a Facebook account. After logging in to your account you may locate the application by clicking on the "applications" link on the left of the page or you can type "eGift Social" into the search bar at the top of the page.

How do I access the application?

Once you have located the application, click on it. You will be presented with an option to "accept" the application. Once you have accepted the application you will have access to all of the eGift Social functionality.

What stores are available to choose from and how do I select one?

After accessing the application, you will find a marketplace listing all available stores that you can select. If you are in a merchant's storefront, you can click on the eGift Social link at the top left in the yellow bar.

How do I select a friend to whom I wish to send a gift?

The application will prompt you to connect to your Facebook friend list. Once connected, just start typing a friend's name and the relevant Facebook friend will appear. You may also add non-Facebook friends by using their email addresses.

May I send a gift to more than one friend in a single transaction?

Yes. You may include multiple friends in a single transaction.

May I send multiple gifts to each friend in a single transaction?

Yes. You may send multiple gifts to each friend in a single transaction if the merchant allows. However, you are limited to a maximum of three credit card transactions per day and a maximum gifting amount of $100.00 per day.

Must I send the same gift(s) to each friend?

You may select a different gift(s) for each friend.

May I select gifts from multiple stores within a single transaction?

All gifts within a single transaction must be from a single store.

Are there terms and conditions I must accept to use the application?

Yes. Once you have accepted the application, you may browse the application and view stores and available gift items. Prior to sending your first gift you must accept the terms/conditions and privacy policy of the eGift Social application as well as the term/conditions for the merchant.

Do I need to be 21 years old to purchase an alcoholic gift?

Yes. At check out you must acknowledge and agree that the use of the eGift Social application to purchase an alcoholic beverage is strictly limited to persons 21 years of age or older and only where permitted by law.

What payment methods are accepted by the eGift SocialSM application?

The application accepts all major credit cards – MasterCard®, Visa®, American Express®, and Discover®.

May I store my payment information so that I don't have to enter it each time I send a gift?

Yes. Once you register, credit card information and other required payment information may be securely stored for your convenience, so that future gifting is even quicker and easier.

Are eGift SocialSM transactions secure?

Yes. All eGift Social transactions are securely processed and will be delivered using a unique HTTPS encrypted URL. If you choose to register, your credit card and other personal information are securely stored.

What will happen to my credit card and personal information when I enter it online?

If you check out as a guest, information is stored for tracking purposes but is not used for any other reason. If you are a registered user, your information is stored for future purchases.

How will my friend(s) be notified of their gift(s)?

You may choose from a few gift notification options:

  • Facebook only: you may select to have your friend(s) notified through a message on their Facebook wall (even though their wall is viewable by friends, only the gift recipient will see the gift details).
  • Email only: you may select to have your friend(s) notified through an email message.
  • Both Facebook and email: you can select both Facebook wall and email notifications.
  • Physical Card Delivery (Not available yet to all merchants): You may select to send a physical gift card to your friend's address. You may also choose to send them a Facebook or email message to let them know that a gift card is being delivered to their address.

Are refunds available?

All sales are final and no refunds are available. However, the eGift Social application provides you the ability to manage your account. In addition to reviewing your transactions, you may resend gift notifications if necessary, using the resend function.

Can I include a message with the gift(s) to my friend(s)?

Yes. You may enter one custom message for each friend on the transaction (limit 20 characters per message) or you may choose a standard message from a drop down menu of options.

How will my friend know that I am the sender of the gift?

Your name will be included in the message delivery.

How will I know if my friend received the gift?

You will receive a message when the gift has been delivered and then another message when the gift has been viewed.

What if my friend did not receive the gift?

Recheck the email address and verify your friend can receive wall posts on Facebook . Use the resend functionality to resend the gift notification. If a physical card was delivered, recheck the address it was delivered to and if a new address is required, please contact eGift Social Customer Service.

How will I know if my friend did not access their gift?

You will receive an email three days after the gift is sent letting you know that the recipient did not access the gift. You will receive a final email seven days after the gift is sent if the recipient still has not accessed their gift.

What if my friend loses or deletes the gift notification?

You may use the resend function within the eGift Social application to resend the gift notification.

What will my friend actually receive?

Your friend will receive an account number, the name of the store, and instructions to present the account number to the store clerk at the time of purchase.

Does the account number represent a coupon or a voucher?

The account number is a virtual gift card with monetary value. You should protect your virtual gift card account number. If you share your virtual account number, others may redeem the gift card resulting in a depletion or loss of value.

If I receive a bar code on my gift notification, how will redemption work?

A bar code will only be displayed for merchants who accept bar codes. Redemption will work the same as receiving only an account number. You will present the printed gift notification to the retailer so they may scan the bar code. The gift card account number will always be displayed in case there are issues with scanning the bar code.

Does the recipient have to redeem the gift for the specific item I selected for them?

Please check the merchant's Terms and Conditions to determine redemption requirements.

What if the dollar value of the gift I send to a friend is not enough to cover the cost of the item?

If the gift's dollar amount is not enough to cover the total cost of their selected item (including tax) your friend has two choices:

  1. He or she may pay the difference with another form of payment.
  2. He or she may select a different item and/or size so the total cost is covered by the gift's dollar value.

What if my friend has questions about the gift or the eGift SocialSM application?

Within the gift notification message, your friend will receive a Web site address and a Contact Us link, which he or she may use to learn more about the gift and the application. In some instances he or she may be asked to contact the merchant directly.

What additional charges will I incur when sending a gift?

A convenience fee may be added to your total purchase, regardless of the amount you spend, or how many friends and how many gifts you send in a single transaction. This can vary by merchant. Each time you go through the checkout process and complete a credit card transaction, the convenience fee will be applied to your total purchase if applicable.

Who will know I sent a gift to this particular friend?

If you choose to deliver your gifts via email, you and the friend(s) to whom you sent the gift(s) will know. If you choose Facebook for delivery, it is possible that your friends and the recipient's friends will know, depending on your Facebook settings. Please review your Facebook settings and make adjustments according to your preferences.

How can I keep track of which gifts I've sent to whom?

Once you register you can use the management tool within the application. It shows your account activity including what gifts you have purchased and when and to whom they were sent.

How will I know if my friend did not open their gift?

There will be two messages delivered. The first message will be sent to the gift sender via email within 3 days of the purchase if the recipient has not opened their gift. A second and final reminder will be sent within 7 days of the purchase if the recipient still has not opened their gift. If you receive one of these notifications, please remind your friend a gift was delivered to them from a trusted site, eGift Social.

How do I remove myself from receiving future merchant rewards or messages?

Log into My Account, select Account Settings, and uncheck the box stating 'Merchants may want to reward you for gifting your friends via the eGift Social application. Check the box to receive merchant rewards, coupons, discounts, etc.' and click Save.

My Transaction Status appears as Failed when I look up the transaction, what does this mean?

There are a number of issues that could have caused this including invalid credit card details were entered or one of our systems was down. You were not charged for this attempted transaction.

My Transaction Status appears as Completed when I look up the transaction, what does this mean?

Your transaction was successfully completed. Your credit card has been charged for this transaction.

My Delivery Status appears as Failed when I look up the transaction, what does this mean?

Your transaction has failed. There are a number of issues that could have caused this including invalid credit card details were entered or one of our systems was down. You were not charged for this attempted transaction.

My Delivery Status appears as Viewed when I look up the transaction, what does this mean?

Your transaction was successfully completed. Your credit card has been charged for this transaction. Additionally, the gift you sent has been viewed by the recipient.

My Delivery Status appears as Failed to Send when I look up the transaction, what does this mean?

Your transaction was successfully completed. Your credit card has been charged for this transaction. However, the recipient does not accept Facebook wall notifications. Please have your friend change their Facebook settings to allow Facebook wall notifications and Resend the gift.

My Delivery Status appears as Resent when I look up the transaction, what does this mean?

Your transaction was successfully completed. Your credit card has been charged for this transaction. Additionally, you were able to successfully resend the gift.

I placed an eGift Social order for plastic gift card delivery via mail, when will it ship?

Gift cards are typically delivered within 7-10 days.

Are there any scenarios where plastic gift card delivery via mail may take more than 10 days?

There is a slight possibility that this may happen. One such scenario would be when a significant number of cards are purchased over the weekend. We may not be able to fulfill all the orders the next evening for shipping the next day. This may cause a gift card to be delivered one day late.

Can I ship a plastic gift card with UPS or FedEx or some other carrier?

Plastic gift cards are shipped exclusively through USPS at this time

Can a plastic gift card be delivered to a PO Box address?

Yes, however, the purchaser cannot use a PO Box address for their credit card information at this time.

How long does it take Card Fulfillment Services (CFS) to fulfill/ship a plastic card order?

Typically an order will be fulfilled the same day. During busier times of the year (4th quarter), it may take two business days to fulfill an order. On average, 95% of orders will ship the next business day.

Where do I locate the fulfillment number?

The fulfillment number will be located in the following locations:

  • Transaction History of registered users.
  • On the email that is delivered to the recipient if email notification was selected.
  • In the Facebook link if Facebook notification was selected.

I do not have my fulfillment reference number but need my transaction looked at. What other information can I provide for you to track my transaction?

There are several other personal identifiers (or combinations of identifiers) you can supply for us to track your transaction. These include.

  • Date of transaction.
  • Sender email address.
  • Receiver email address (if applicable)
  • Physical address.

Can I cancel an order or change the quantity for an order I have already submitted? What is the timeline around canceling it?

Unfortunately, once an eGift request is submitted it cannot be canceled or changed. Also, eGift Terms and Conditions outline a NO REFUND Policy.

What do I do if I ordered a physical Gift Card but it was never received?

If you have not received your card yet, please allow ten days for delivery. After 10 days, please call the eGift Social help desk at (866) 599-8606.

What do I do if I need a replacement card because I lost mine or it was stolen?

Please call the eGift Social help desk at (866) 599-8606.

Does my gift card expire?

Please call the eGift Social help desk at (866) 599-8606.

Refund request - I want my money back because I was very unhappy with the service and delivery timeframe.

eGift Social's Terms and Conditions outline a no refund policy.

Resend Process - How do I resend the eGift to my friend if I chose physical card delivery and I entered the wrong ship-to information?

Please call the eGift Social help desk at (866) 599-8606.

Are there any fees for having a physical gift card resent?

Please call the eGift Social help desk at (866) 599-8606.

How is my discount calculated?

Your discount is calculated based on the subtotal of your purchase. If you qualify, you will receive your discount at checkout.

How do I qualify for a voucher or discount?

For vouchers or discounts awarded for minimum amount spent, qualification is based on the subtotal of your purchase. For vouchers or discounts awarded per transaction, qualification is based on a successful transaction occurring. For vouchers or discounts based on minimum number of gift cards purchased, qualification is based on the number of gift cards purchased in one transaction.

How do I receive a voucher?

The voucher will be emailed to the email address you either entered while checking out as a guest or the email address you have registered with eGift Social. In addition, the voucher may be sent to your Facebook page if you are connected to Facebook when checking out, the merchant has selected to post to your Facebook wall, and if the gift recipient receives the gift through Facebook.

Will my voucher expire?

A merchant may choose whether or not to expire a voucher. Please check for an expiration date on the voucher you have received. Vouchers must be redeemed by the expiration date (if applicable).

Contact Information

Gift Card Recipients

If you are a gift card RECIPIENT and need help with the gift you have received, please find the relative merchant and contact information below.

 

 

 

Select Merchant:

Gift Card Senders

If you are a gift card SENDER and need help with sending a gift or managing gifts you have already sent please click My Account.

If you need to speak with a customer service representative, please find the contact information below.

Customer Support Number: (866) 599-8606
Email: customerservice@egiftsocial.com



No Merchant currently selected. Please select a merchant...


Terms of Service

Terms and Conditions of Use

Welcome to the eGift SocialSM application, which provides certain gift card purchase and delivery services to you subject to the following terms and conditions. To use the eGift Social application (which use is facilitated through the use of our egiftsocial.com website), you must accept these terms and conditions of use. Please read them carefully.

The eGift Social application allows you to purchase products from participating third-party retailers (the "Retailers") in order to gift others, with notification of the gifts being delivered to the recipient by electronic methods ("Mobile Gifts").  The Mobile Gifts are issued and redeemed directly by the applicable Retailers.

This document constitutes the agreement ("Agreement") between you and First Data Corporation ("First Data"), the owner and operator of the eGift Social application.  In this Agreement, "Customer", "you" and "your" mean the person or persons who utilize this site to purchase or deliver a Mobile Gift, and may include Registered User(s) or Guest(s) (defined below).  "We", "us" and "our" mean First Data and our successors, affiliates and assignees. 

When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically, including via text message. We will communicate with you by e-mail or text. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

THIS AGREEMENT CONTAINS A LIMITATION OF LIABILITY PROVISION AND AN ARBITRATION PROVISION AND WAIVER OF TRIAL BY JURY (the "Liability and Dispute Provisions"). 

Use and Registration

You may use the eGift Social application to gift a friend either by becoming a 'Registered User' or by checking out as a “Guest”. To become a Registered User, you set up an “Account” by creating a user name and password and registering a payment account. Any use of the eGift Social application, whether you are a Registered User or Guest, requires you to accept these Terms & Conditions, which include our privacy policy.  If you use this Website, you are responsible for maintaining the confidentiality of any Account or password you create and for restricting access to your computer and/or phone, and you agree to accept responsibility for all activities that occur under your Account or password. If you are under the age of 18, you may use the eGift Social application only with involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Password Procedures

To improve the security of your personal details and Account information, it is highly recommended that you:

  • Choose a strong password with more than 8 characters with a combination of alphanumeric characters.
  • Change your password every 2 months.
  • Never reuse the same password.
  • Never share your password with others.

You are responsible for maintaining the confidentiality of any password(s) you are given to access the eGift Social application. Keep your password confidential and do not let others use your account.  You agree to notify us immediately at [customerservice@egiftsocial.com] of any unauthorized use of your password(s).

Transaction Limits

Customers are limited to three transactions per day. A transaction consists of a single credit card purchase. Each transaction may include the purchase of one or more gift cards sent to one or more recipients. Each transaction may also be limited to a maximum total dollar value depending on the Retailer's policies and products and eGift Social policies. For security reasons, we may further limit the amount, number or type of transactions you can make or suspend the use of your Account.

Charges; Refund Policy
Each time you purchase a Gift, you authorize us to deduct the amount of the transaction and any associated fees and charges from your payment account on file with us.  In addition to the amount of Gifts you purchase, we may charge a transaction fee for each purchase transaction you conduct on the Website, in an amount specified on the Website.  All sales are final. No refunds are allowed

Gift Delivery Options

Customer is solely responsible for validating the accuracy of recipient mobile phone number, email address, and/or Facebook friend name.  Additionally, Customer is responsible for correctly entering intended recipients from Customer’s Facebook friend list.  Delivery methods may include but are not limited to SMS (text messaging), email, and Facebook delivery. Delivery times may vary and may take up to one hour from time of purchase for delivery to occur. You may visit the Website to track your purchases and resend gifts if needed. 

Resending Gifts; Multiple Recipients

A Registered User will have the option to resend gifts to recipients or edit the Recipient’s mobile phone number, email address or Facebook friend name, if intended recipient did not receive the gift, or if the recipient lost the gift.  Should a gift by a Guest be lost or not received by the intended recipient, the Guest will need to create an Account to enable resend options. We are not responsible for delivery outside of the mobile number or email you provide.  If you provide the wrong destination address, and subsequently resend your Mobile Gift to the intended recipient, it may result in two people with the same gift.  Customer recognizes that if a single gift is sent to more than one recipient, the first party to use the gift will receive the value. 

Loss of Gifts

We are not responsible for any Gift after it has been transmitted to the email address or phone number entered by Customer, including with respect to any lost or misplaced phone, or inability of a user to access their email.

Customer Service

Gift recipients will have access to a website where additional information will be provided regarding the gift and the eGift Mobile Mall service. The address for this website will be delivered in conjunction with the Mobile Gift.  The site will include FAQs, merchant terms & conditions, eGift Social customer service number and the Customer service number of the sponsoring merchant.

Merchant Terms & Conditions

By purchasing the gift, you acknowledge that the recipient of the Mobile Gift will be subject to the terms & conditions provided by the merchant of the gift you purchase, including with respect to the expiration dates and policy set by the applicable merchant.  Terms & Conditions are available to the Customer for review prior to purchase. 

User Conduct

You agree not to use the eGift Social application or the content or information delivered through the eGift Social application in any way that would: (a) infringe any of our or any third-party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, including any rights in any software; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) violate any law, statute, ordinance or regulation; (d) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (e) be defamatory, libelous, unlawfully threatening or harassing; (f) potentially be perceived as illegal, offensive or objectionable; (g) interfere with or disrupt computer networks; or (h) contain material or information that is false or misleading. You acknowledge that use of the eGift Social application to purchase alcoholic beverages is strictly limited to persons 21 years of age or older and is void where prohibited. We reserve the right to refuse service to anyone who violates this policy or any other policy, requirement or practice imposed by us or any communication provider or any applicable law or regulation from time to time.

Carrier Charges

Standard messaging and data rates may apply to you and your recipients.  You and your recipients are responsible for any and all charges, including, but not limited to, fees associated with text messaging imposed by your wireless carrier / operator needed in order to use or receive gifts through the eGift Social application. Please check with your wireless carrier/operator for details.

Pricing of Gifts and Redemptions

With certain retailers, the Mobile Gift price may be a price estimate for items listed on the Website and may or may not represent the actual price for that item in given merchant location. Recipients of Mobile Gifts at those retailers will receive a specific dollar amount that may be redeemed at the participating merchant. We cannot confirm the price of any specific item.

Receipts

You will receive an email confirmation of your purchase at the email address you provide upon registration.

LIMITATION OF LIABILITY

IN NO EVENT (EXCEPT AS SPECIFICALLY REQUIRED BY LAW) SHALL FIRST DATA OR ANY OF ITS AFFILIATES, AGENTS OR SERVICE PROVIDERS, BE LIABLE FOR:  (A) DAMAGES ARISING FROM OR RELATING TO THE PRODUCTS AND SERVICES PROVIDED HEREIN (INCLUDING, WITHOUT LIMITATION, YOUR PURCHASE OR DELIVERY OF GIFTS) OR THIS AGREEMENT BEYOND THE SUM OF FIVE HUNDRED DOLLARS ($500); OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.  THESE CONDITIONS CANNOT BE CHANGED OR SUPPLEMENTED EXCEPT BY A WRITING SIGNED BY US.

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY FIRST DATA ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FIRST DATA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; THEIR SERVERS; OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

No Warranty Regarding Goods and Services or Uninterrupted Use

We are not responsible for the quality, safety, legality, or any other aspect of any goods or services obtained with a Gift. From time to time the eGift Social application may be inoperative, and when this happens, you may be unable to purchase or deliver a Gift or obtain information about your transactions. You agree that we are not responsible for any interruption of service. Any use or attempted use of the eGift Social application which is in violation of any applicable law or regulation will be null and void.

Website and Activity

Although considerable effort is expended to make the Website and other operational and communications channels available around the clock, we do not warrant these channels to be available and error free at all times.  You agree that we will not be responsible for temporary interruptions in service due to maintenance, Website changes, or failures, nor shall we be liable for extended interruptions due to failures beyond our control. You agree to act responsibly with regard to the Website and its use. You will not violate any laws, interfere or disrupt computer networks, impersonate another person or entity, or violate the rights of any third party.  We shall not bear any liability for any damage or interruptions caused by any computer viruses that may affect your computer or other equipment.  We advise the regular use of a reputable and readily available virus screening and prevention software.

Other Terms

You may not transfer your rights or obligations under this Agreement.  We may transfer our rights under this Agreement.  Use of this Website and your Account is subject to all applicable rules and customs of the networks and any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at anytime. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected and shall remain in full force and effect.  This Agreement will be governed by the laws of the State of Colorado except to the extent governed by federal law, irrespective of the choice-of-law provisions of any state.  Nevertheless, if we are served garnishments, summons, subpoenas, orders or legal processes of any type, we are entitled to rely on the representations therein and may comply with them in our own discretion without regard to jurisdiction.

Amendment, Cancellation and Suspension; Survival

We may amend or change the terms of this Agreement at any time. We reserve the right to change the eGift Social application or these terms and conditions at any time with or without notice and your continued use of the eGift Social application is your acceptance of any such changes.

We may cancel or suspend your Account or this Agreement at any time.  Any termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.  All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, the Liability and Dispute Provisions.

Privacy; Confidentiality; Data Security

(i) Information We Collect:

We may collect the following information ("Cardholder Information"):

(a) information we receive from the eGift Social application and your Facebook profile as part of the Services, and information you provide to us, either directly or indirectly through  you and your Friend's Facebook profiles, such as when you log into the application, purchase Gifts or when you contact us with customer service issues, which, in any case, may include your name, address, email address, credit card or other payment card data, date of birth or other information that will allow us to identify you; (and we may ask to see your driver’s license or other identifying documents); and

(b) information about transactions made through the application, such as date and amount of transaction.
You may update your Cardholder Information by contacting CUSTOMER SERVICE at the address or telephone number provided at the end of this Agreement.
We may use Cardholder Information for any purpose related to the Gift, including without limitation, to process transactions on your Account, to update your Account information, provide customer service and communicate important information about your Account.

(ii) Information Use and Disclosure:

(a) We may disclose Cardholder Information about current and former cardholders to nonaffiliated third parties as permitted by law, such as:

  • where necessary to perform services on our behalf related to this Agreement;
  • to verify the existence and condition of your credit or other card for a third party, such as a merchant or credit bureau;
  • to employees and/or agents of our affiliates and business partners who need the information to fulfill their business responsibilities;
  • to aggregators, ISPs or carriers in order to send an email or text message gift;
  • to comply with government agency, court order, or other applicable law or legal reporting requirements;
  • to our employees, auditors, service providers or attorneys, as needed, including to allow us to collect funds from you;
  • send you coupons, merchandise or other offers from First Data, its affiliates or Gift merchants
  • to merchants who will assist us with the processing of the services you have requested; and
  • to help protect against fraud.

(b) Except for Cardholders with a mailing address in California or other states where prohibited by applicable law, we may also disclose Cardholder Information about current and former Cardholders to Program Manager and its affiliates, and third parties such as merchants, retailers and financial institutions, for our or their own use and disclosure, which may include use or disclosure to market or provide additional products and/or services that they believe may be of interest to you.

(iii) Your Acknowledgement: By activating or using your Account you agree to our collection, sharing and disclosure of all Cardholder Information as set forth herein.

(iv) Opt-Out: NOTWITHSTANDING THE FOREGOING, YOU MAY USE THE CARD BUT OPT OUT OF HAVING YOUR CARDHOLDER INFORMATION DISCLOSED AS DESCRIBED IN (ii)(b) ABOVE AT ANY TIME BY CONTACTING CUSTOMER SERVICE, WITHOUT CHARGE, AT 1-866-599-8606 OR BY MAIL AT FIRST DATA, ATTN: MOBILE COMMERCE eGIFT SOCIAL, 5565 GLENRIDGE CONNECTOR, N.E., ATLANTA, GEORGIA 30342.

(v) Information Security: Subject to the disclosures set forth above, we restrict access to Cardholder Information to persons who need Cardholder Information to perform their job responsibilities. In addition, we maintain physical, electronic and procedural security measures that comply with federal and state regulations to safeguard Cardholder Information.

(vi) Questions. If you have questions regarding this section, please contact CUSTOMER SERVICE at 1-866-599-8606 or by mail at First Data, Attn: Mobile Commerce eGift Social, 5565 Glenridge Connector, N.E., Atlanta, Georgia 30342.

Telephone Monitoring/Recording

From time to time we may monitor and/or record telephone calls between you and us to assure the quality of our service or as required by applicable law.

ARBITRATION PROVISION AND WAIVER OF TRIAL BY JURY

(a) YOU SHOULD READ THIS ARBITRATION PROVISION AND WAIVER OF TRIAL BY JURY ("ARBITRATION PROVISION") CAREFULLY.  YOU AND WE HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO LITIGATE ANY CLAIM IN COURT OR HAVE A JURY TRIAL ON ANY CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE PROCEDURES OF THE NATIONAL ARBITRATION FORUM ("NAF"), JUDICIAL ARBITRATION AND MEDIATION SERVICES ("JAMS") OR AMERICAN ARBITRATION ASSOCIATION ("AAA"), AS APPLICABLE (THE "PROCEDURES"), EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN FOR A SMALL CLAIM.

FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.  EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING.  NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

(b)  Definitions:  As used in this Arbitration Provision, the term "Claim" means any claim, dispute or controversy between you and us in any way arising from or relating to the eGift Social application, your Account or this Agreement, including, without limitation the validity, enforceability or scope of this Arbitration Provision or the Agreement.  The term "Claim" is to be given the broadest possible meaning that will be enforced and includes claims of every kind and nature.  "Claim" does not include any challenge to the validity and effect of the Class Action Waiver; which must be decided by a court.

As used in this Arbitration Provision, the terms "we" and "us" shall mean First Data and its subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives.  In addition, "we" or "us" shall include any other third party using or providing any product, service or benefit in connection with any Accounts (including, but not limited to, merchants who accept  a Gift, third parties who market or provide services and all of their agents, employees, directors and representatives) if, and only if, any such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. The meaning of other previously defined terms remains unchanged.

(c)  Upon election of either party, the Claim shall be resolved by binding arbitration pursuant to this Arbitration Provision and the procedures of NAF, JAMS or AAA, as selected by the party electing to use arbitration.  NAF can be contacted at:  National Arbitration Forum, 1-800-474-2371, www.adrforum.com.  JAMS can be contacted at: Judicial Arbitration and Mediation Services, 1-888-352-5267, www.jamsadr.com.  AAA can be contacted at:  American Arbitration Association, 1-800-778-7879, www.adr.org.  If a selection by us of one of these organizations is unacceptable to you, you shall have the right within thirty (30) days after you receive notice of our election to select either of the other organizations listed to serve as arbitrator administrator.  You may contact us for instructions on how to obtain copies of any of these organizations' procedures.

(d)  Notwithstanding anything to the contrary in this Arbitration Provision, either party may file and pursue a Claim in a small claims court or the equivalent court of your state or municipality ("Small Claim"), but the Claim must proceed only on an individual basis and not in a representative capacity or class action.  The Claim may proceed as a Small Claim only so long as that Claim is not transferred or appealed to a different court, in which case either party may elect arbitration.

(e)  Class Action Waiver: No Claim submitted to arbitration is heard by a jury or may be brought as a class action or as a private attorney general.  You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim submitted to arbitration (Class Action Waiver).  The parties to this Agreement acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from this agreement to arbitrate Claims.  If the Class Action Waiver is limited, voided or found unenforceable, then the parties' agreement to arbitrate (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver.  Any Claim resolved by arbitration shall be arbitrated on an individual basis by a single arbitrator.

(f)  Location of Arbitration / Payment of Fees:  Any arbitration hearing that you attend shall take place in the federal judicial district of your residence at the time the claim is filed.  At your written request, we will consider advancing and/or reimbursing any arbitration filing fee, or administrative and hearing fees that you are required to pay to pursue a Claim in arbitration.  The arbitrator will decide who will ultimately be responsible for paying those fees.  If you file a Claim against us, in no event will you be required to reimburse us for any arbitration filing, administrative, or hearing fees in an amount greater than what your court costs would have been if the Claim had been resolved in a state court with jurisdiction. Except as provided by substantive law, each party shall bear its own attorney's, expert's and witness fees, which shall not be considered costs of arbitration.

(g)  This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16 (the "FAA").  The arbitration shall be governed by the applicable Procedures, except that this Arbitration Provision shall control if it is inconsistent with the applicable Procedures.  The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely written request of either party, shall provide a detailed written explanation of the basis for the decision.  Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.  The arbitrator's decision will be final and binding, except as provided by the FAA.

(h)  Continuation:  This Arbitration Provision shall survive termination of your Account and this Agreement.  If any portion of this Arbitration Provision is deemed invalid or unenforceable it shall not invalidate the remaining portions of this Arbitration Provision or the Agreement, except as provided for in paragraph (e) above.

Customer Service Contact Information:

https://www.egiftsocial.com/mgift/help/help#contact