Gift Card Terms

In addition to the Terms of Use (the “Terms of Use”), the following terms and conditions apply when you choose purchase, use or redeem Fliprestó Gift Cards and Merchant Gift Cards  in the United States (“Gift Card Terms”). These Gift Card Terms, incorporate and form a part of the Terms of Use that apply to your use of the Fliprestó Sites and Services. In the event of any conflict between the Gift Card Terms and the Terms of Use, these Gift Card Terms shall prevail. All capitalized terms not otherwise defined herein shall have their meanings as set forth in the Terms of se.

1.  Purchase of Fliprestó Gift Cards. You may purchase Fliprestó Gift Cards through the Fliprestó Sites up to a maximum of $500.00. When you purchase an electronic Fliprestó Gift Card, we notify the person you have designated as the recipient of the Fliprestó Gift Card by email. When you purchase a physical Fliprestó Gift Card, we will, based on your selection, mail it to the recipient directly or mail it to you first so you can deliver to the recipient. A shipping and handling fee may apply for Fliprestó Gift Cards delivered by mail. Unless otherwise required by applicable law, Fliprestó Gift Cards are non-returnable and non-refundable, except that unredeemed Fliprestó Gift Cards may be returned within 24 hours of purchase for a refund of the purchase price to the debit or credit card account used for the purchase.

2.  Redemption of Fliprestó Gift Cards. Fliprestó Gift Cards may only be redeemed through the Fliprestó Sites for Merchant Gift Cards issued by participating third-party restaurants (each, a “Merchant”). A recipient may only redeem the entire value of the Fliprestó Gift Card for one Merchant Gift Card of equal value; no partial redemptions. Upon redemption of an Fliprestó Gift Card by a recipient, we will email the electronic Merchant Gift Card to the recipient and notify the applicable Merchant, as further described in our privacy policy. Fliprestó Gift Cards may only be redeemed for electronic Merchant Gift Cards in the same currency that the Fliprestó Gift Card was purchased. Except to the extent required by applicable law, Fliprestó Gift Cards are not redeemable for cash. Resale of Fliprestó Gift Cards is prohibited. Merchant Gift Cards shall be subject to their applicable terms and conditions.

3. Lost or Stolen Fliprestó Gift Cards. Fliprestó is not responsible for any Fliprestó Gift Cards used without your permission or for any lost or stolen Fliprestó Gift Cards. Risk of loss and title for Fliprestó Gift Cards pass to you or the designated recipient, as applicable, upon electronic transmission to the email address provided to Fliprestó or delivery to the shipping carrier, as applicable. Fliprestó is not liable for any delivery failures. Fliprestó may, in its sole discretion, cancel and replace a lost or stolen electronic Fliprestó Gift Card (if it has not already been redeemed) with a new electronic Fliprestó Gift Card if you provide via the Fliprestó Sites the email address or mailing address to which the original Fliprestó Gift Card was sent.

4. Fliprestó Gift Card Customer Service. If you have any questions about Fliprestó Gift Cards, please contact Fliprestó Customer Service at customerservice@flipresto.com.

5. Purchase of Merchant Gift Cards. You may also purchase Merchant Gift Cards from Fliprestó through the Fliprestó Sites. When you purchase an electronic Merchant Gift Card, we will email the electronic Merchant Gift Card to the person you have designated as the recipient and notify the applicable Merchant, as further described in our privacy policy. When you purchase a physical Merchant Gift Card, we will, based on your selection, mail it to the recipient directly or mail it to you first so you can deliver to the recipient. A shipping and handling fee may apply for Merchant Gift Cards delivered by mail. Risk of loss and title for Merchant Gift Cards pass to you or the designated recipient, as applicable, upon electronic transmission to the email address provided to Fliprestó or delivery to the shipping carrier, as applicable. Fliprestó is not liable for any delivery failures. Merchant Gift Cards shall be subject to their applicable terms and conditions. Unredeemed Merchant Gift Cards purchased from Fliprestó may be returned within 24 hours of purchase for a refund of the purchase price to the debit or credit card account used for the purchase.

6. Merchant Responsibility. You acknowledge and agree that the applicable Merchant, not Fliprestó, is the issuer of the Merchant Gift Cards and is solely responsible for honoring the Merchant Gift Cards and that Fliprestó acts only as a seller of the Merchant Gift Cards. Fliprestó is not responsible for any Merchant Gift Cards used without your permission or for any lost or stolen Merchant Gift Cards. Fliprestó provides the Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to any Merchants or Merchant Gift Cards. Each applicable Merchant is solely responsible for the products and/or services provided in connection with the use or redemption of a Merchant Gift Card. You agree that you purchase Merchant Gift Cards at your own risk and shall not hold Fliprestó, any of its affiliates, or any of their respective employees, officers, directors, agents, representatives, or service providers responsible for any act or omission of any Merchant. Each Merchant is responsible for ensuring that it and the Merchant Gift Cards that it issues comply with all applicable laws and regulations, including, without limitation, laws regulating gift certificates, gift cards, and stored value cards and unclaimed property laws. You further acknowledge and agree that Fliprestó is not responsible for any act or omission of any Merchant in connection with the issuance, sale, or redemption of, or unclaimed property law compliance with respect to, any Merchant Gift Card, including, without limitation, any failure by any Merchant to honor any Merchant Gift Card or the imposition of any terms and conditions on any Merchant Gift Card that violate any applicable laws or regulations. For any and all issues or questions related to Merchant Gift Cards or any other products or services offered by Merchants, you must contact the applicable Merchant. Except as set forth in Section 5, you must settle any returns, disputes, and any other issues relating to Merchant Gift Cards directly with the applicable Merchant.

7. Payment and Debit and Credit Card Information. You agree to pay the listed purchase price of the Fliprestó Gift Cards and Merchant Gift Cards, as applicable, and any shipping and handling fees, if applicable, that you purchase through the Fliprestó Sites (including, without limitation, through Fliprestó Messenger Bot, an SMS or web browser command originating from your Account). You assume all liability for and shall promptly pay any and all such charges. Except to the extent otherwise required by applicable law, you agree that all purchases made by you through the Fliprestó Sites cannot be returned or exchanged and are non-refundable, except as expressly provided in this Agreement. To purchase an Fliprestó Gift Card or a Merchant Gift Card, you must provide valid debit or credit card information, including the card’s CVV number. Fliprestó uses this debit or credit card information as described in our privacy policy.

8.LIMITATION OF LIABILITY. IN ADDITION TO THE LIMITATION OF LIABILITY IN THE TERMS OF USE, WITH RESPECT TO PURCHASES OF FLIPRESTÓ GIFT CARDS OR MERCHANT GIFT CARDS, OR IF THE DISCLAIMER OF DIRECT DAMAGES ABOVE IS NOT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE PURCHASE, REDEMPTION OR USE OF AN FLIPRESTÓ GIFT CARD OR MERCHANT GIFT CARD (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE PRICE YOU PAID FOR YOUR MOST RECENT PURCHASE OF AN Fliprestó GIFT CARD OR MERCHANT GIFT CARD (AS APPLICABLE) OR FIFTY US DOLLARS ($50).