Terms & Conditions
Valid as of APRIL 1, 2022
A. THIRD-PARTY AGREEMENTS
You acknowledge and agree that this Agreement is between you and Company, not with any third party (including, but not limited to, Apple®, Google®, or any mobile carrier), and that Company is solely responsible for the GFTD Services. Your use of the GFTD Services may be subject to separate agreements you may enter into with your mobile device operating system provider (e.g., Apple, Google or Microsoft®), your mobile device manufacturer (e.g., Apple, Samsung®), your mobile service carrier (e.g., AT&T® or Verizon®), and other parties involved in providing your mobile device service. Third-party operating system providers such as Apple, Google, and Microsoft, your phone or other mobile device manufacturers, your wireless carrier or other network providers, any other product or service provider related to your mobile device service are collectively referred to as “Covered Third Parties.” You agree to comply with all applicable third-party terms of agreement when using the GFTD Services. Company is not a party to those agreements and has no responsibility for the products and services provided by third parties. GFTD specifically states and declares that there are no unidentified third-party beneficiaries intended by this agreement unless specifically identified herein.
B. GFTD SERVICE TERMS
1. Terms for GFTD Services
The GFTD Services allow you to make payments to and accept payments from third parties. You may use the GFTD Services on your mobile device, or, if you are an approved merchant that has received express authorization to accept Authorized Merchant Payments as described in this Agreement.
See getGFTDapp.com for additional information and for disclosures that the Company is required to post by certain jurisdictions. The company has no responsibility for the actions of your transfer recipient or for the subject of the transfer. We do not guarantee the identity of any user of the getGFTD Services or that a sender or a recipient can or will complete a transaction.
a. Eligibility and Account Registration
b. Types of Accounts
We offer two different types of accounts, personal and business accounts. You may have only one personal account. Personal accounts are for use in person-to-person transfers with friends and family, and other people whom you know. Personal accounts may also be used to make Authorized Merchant Payments as described in this Agreement. Some features of personal accounts may be limited based on how you wish to use the getGFTD Services, how much you need to send or spend, and what we know about you. We may require that you provide more information in order to complete a transaction. Personal accounts may not be used to receive business, commercial or merchant transactions, which includes (without limitation) paying or accepting payment from other users you do not personally know for goods or services (for example, concert tickets, electronic equipment, sneakers, a watch, or other merchandise) (“Prohibited Business Transactions”).
A business may only have one business account and only authorized agents of the business may use the business account. It is the business’s responsibility to control those persons who use the account and to only allow authorized agents of the business to use the account. For each business you are involved with, you may have only one business account. Business account use is limited. Business accounts must be applied for and explicitly authorized. By opening a business account and accepting the terms as outlined in this Agreement, including, but not limited to, the Rules and Restrictions for Business Accounts set forth below, you attest that neither you nor your business is establishing a business account primarily for personal, family or household purposes.
We may reverse or place a hold on your transactions or place a reserve on your funds if you are in breach of this Agreement, including, but not limited to, if you are using a personal account to conduct Prohibited Business Transactions or a business account for personal, family or household purposes.
c. Identity Authentication
You hereby authorize Company through Plaid (l), directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information and, for business accounts, your company or employer as well as the identity of all authorized agents of the business. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third party databases or through other sources. This process is for internal verification purposes.
d. Transaction History
You have the right to receive an account statement. You may view your account statement by logging into your getGFTD account.
e. Sending Money
i. Sending Limits
We may, at our discretion, impose limits on the amount of money transacted and the number of transactions you conduct through the getGFTD and Plaid Services. Please read through the terms and conditions for more details on limits. If we have authenticated your identity, we may increase your transaction limits. These limits may change from time to time at Company’s sole discretion. You will be notified of any limit changes to the extent required by applicable law. You may not send money to your own account.
ii. Payment Methods
Your getGFTD balance consists of the funds you have in your getGFTD account that are available for new transactions and are not subject to pending transactions.
When you make a payment through the getGFTD Services, we first see if your getGFTD balance can cover the transaction. You may also be able to fund payments with a bank account, debit card or credit card, designating one of these to be your preferred payment method.
We always use your GFTD balance first if the balance is sufficient to cover your payment. If there is not enough money available in your GFTD balance to cover the transaction, we use your designated preferred payment method to make the payment in its entirety. This payment method may differ depending on the type of payment you are making.
iii. Payment Method Limitations
In order to manage risk, Company may limit the payment methods available for your use to fund any particular transaction. For example, we may limit your payment methods for a particular transaction to debit cards or your checking account.
Please note that the various payment methods have different dispute resolution rights and procedures in the event your transaction turns out to be unsatisfactory. Your dispute resolution rights are determined by the payment method used to fund your transaction. Please see our Help Center at contact@getGFTD.io for more details
iv. Bank Transfers
When your checking account is used as your payment method, you are requesting that we initiate on your behalf an electronic transfer from your bank account. For these transactions, Company will make electronic transfers (via the Automated Clearing House (“ACH”) of NACHA - The Electronic Payment Association (“NACHA”)) from your bank account in the amount you specify. You agree that such requests constitute your authorization to Company to make the ACH transfer, and once you have provided your authorization for the transfer, you will not be able to cancel the electronic transfer and Company may re-submit any ACH debit you authorized that is returned for insufficient or uncollected funds, except as otherwise provided by NACHA’s ACH rules (collectively, the “ACH Rules”), or applicable law.
IF YOU DO NOT HAVE ENOUGH IN YOUR GFTD BALANCE TO COMPLETE A GFTD TRANSACTION, YOU SHOULD CONFIRM THAT YOUR PAYMENT METHODS CONTAIN FUNDS SUFFICIENT TO COVER THE TRANSACTION BEFORE MAKING THE TRANSACTION. THIS WILL HELP YOU AVOID OVERDRAFTS OR OTHER FEES YOUR FINANCIAL INSTITUTION MAY CHARGE.
v. Refused and Refunded Transactions
When you send money, the recipient is not required to accept it. You agree that you will not hold the Company liable for any damages resulting from a recipient’s decision not to accept a payment made through getGFTD or the GFTD wallet within the GFTD app itself.
If a recipient of funds is not a getGFTD user and does not register for the getGFTD Services, Company will return your funds in 30 days. If the recipient does not register, set up an email address or mobile number, and accept the transfer within 30 days, the transaction will be canceled. During this period, a hold will be placed on your account for the amount of the transfer and the applicable fee, if any. Once the recipient has successfully registered as a getGFTD user, transfers will automatically be debited from your account and credited to the recipient’s GFTD digital wallet account. We will return any unclaimed, refunded, or denied payment within 30 days of the date you initiate payment. If a payment is unclaimed, denied, or refunded for any reason, we will keep the money secure in ‘escrow’ until the day and time when the monies are transferred upon traction receipt. Additionally, once monies leave the ‘sender’ and are posted to the receiver, the monies will remain until the transaction has occurred within the agreed-upon time frame if one has been previously designated in writing upon executing the original transfer. At no time is GFTD responsible for ensuring that the giver has sufficient funds and if fraudulently posted funds are transferred, GFTD will pursue damages and be made whole.
vi. Debit Card Processing
Company will process your debit card-funded transactions through the debit network, or as Company may elect at its discretion.
Credit Card Information
If your debit/credit card account number changes or your credit card expiration date changes, we may acquire that information from our financial services partner and update your account accordingly.
vii. Fees for Sending Money
Financial information is accessible by clicking the links provided below.
View the terms by which the company allows transactions to occur. If there is a support issue, you may resolve it by contacting firstname.lastname@example.org
You may use the getGFTD Services for a standard transfer of 2.85% payment attached to the original transaction bank account, or debit card for transactions that cost or are posted in the GFTD app. This fee structure is applicable for gifts that are unlimited in upper value and sent as a Standard Transfer. Additionally, a fee still applies if/when a credit card is used to send money. There is an additional charge for transfer that are Same-Day. That fee is $.40 over and above the standard transfer fee of 2.85%. Moreover, should a user decide to choose the Instant transfer option, there is a 2% of the total cost fee applied on top of the 2.85% standard transfer fee. These fees may change from time to time at the Company's sole discretion. You may be subject to third-party fees, such as insufficient funds fees, reversal fees, or ACH insufficient funds fees that a bank may charge if your payment is rejected.
BANK TRANSFERS ABOVE the getGFTD card balance will be liable for any third-party fees, including but not limited to insufficient funds fees, reversal fees, or ACH insufficient funds fees that may be incurred if your payment is rejected. To the extent a third-party attempts to impose that obligation on getGFTD, getGFTD specifically denies responsibility and will seek indemnification from you for the full amount including any costs, fees, or attorneys’ fees arising as a result of that transaction or any dispute and/or challenge to that transaction.
Plaid and Sila are not affiliated with getGFTD, LLC in any capacity except to facilitate the push and pull of monies from one account to another intended account. Any disagreement the user or receiver has with Plaid or Sila directly should be referred to getGFTD, LLC at email@example.com. GetGFTD is not responsible for any transactions that Plaid or Sila will not facilitate. Please contact the company (Plaid or Sila) in order to resolve the issue. End-user support will be provided by getGFTD and if any issues arise, 'Company' may be contacted at firstname.lastname@example.org
Financial information is accessible by clicking the links provided below.
View the terms by which the company allows transactions to occur. If there is a support issue, you may resolve it by contacting email@example.com
Electronic Fund Transfers (EFTs) and Account Balances. getGFTD, LLC partners with financial services software company Sila Inc. (Sila) and banking services provider Evolve Bank & Trust (Evolve), member FDIC, to offer you electronic fund transfers (EFTs). By creating a GFTD account and initiating bank deposits or withdrawals, you agree to Sila’s terms of servand Evolve’s demand deposit agreement (together, the “Partner Terms”). You must comply with the Partner Terms when creating or using your getGFTD, LLC Account. The Partner Terms may be modified from time to time, and the governing versions are incorporated by reference into these Terms & Conditions. Any term not defined in this section but defined in the Partner Terms assumes the meaning as defined in the Partner Terms. IT IS YOUR RESPONSIBILITY TO READ AND UNDERSTAND THE PARTNER TERMS BECAUSE THEY CONTAIN TERMS AND CONDITIONS CONCERNING YOUR getGFTD ACCOUNT, INCLUDING BUT NOT LIMITED TO LIMITATIONS, REVERSALS, AND ARBITRATION PROVISIONS, AND YOUR RELEVANT RIGHTS AND LIABILITIES.
Any funds held in the Sila account are held by Sila's financial institution partners as set out in Sila’s Terms & Conditions. You authorize us to collect and share with Sila your personal information including full name, date of birth, social security number, physical address, email address, and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Sila account through our application, and Sila account notifications will be sent by us, not Sila We will provide customer support for your Sila account activity and can be reached at firstname.lastname@example.org for an account or technical questions. You may also contact us through our website: getGFTDapp.com
F. Payment Investigation
Payment investigation is a process by which Company reviews certain potentially high-risk transactions. If a payment is subject to payment investigation, Company will place a hold on the payment and may provide notice to the recipient. Company will conduct a review and either clear or cancel the payment. If the payment is cleared, Company will provide notice to the recipient. Otherwise, Company will cancel the payment and the funds will be returned. Company will provide notice to you by email and/or in the account history tab of your getGFTD account if the payment is canceled.
G. Risk of Reversals, Chargebacks, and Claims
When you receive a payment, you are liable to Company for the full amount of the payment plus any fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment, plus applicable fees if you lose a claim or a chargeback, or if there is a reversal of the payment. If a sender of a payment later disputes the payment or files a claim for a chargeback, the debit or credit card issuer or the originating bank, not Company, will determine whether the dispute is valid and to whom payment is due. You agree to allow Company to recover any amounts due to Company by debiting your balance. If there are insufficient funds in your balance to cover your liability, you agree to reimburse Company through other means. If Company is unable to recover the funds from your preferred payment method, Company may attempt to contact you, Company may recover the funds from your alternate payment methods or may take any other legal actions to collect the amount due, to the extent allowed by applicable law.
IF YOU HAVE AMOUNTS DUE, YOU SHOULD CONFIRM THAT YOUR PREFERRED PAYMENT METHODS CONTAIN FUNDS SUFFICIENT TO COVER ANY AMOUNTS DUE. THIS WILL HELP YOU AVOID OVERDRAFTS OR OTHER FEES YOUR FINANCIAL INSTITUTION MAY CHARGE.
h. Account Balances
You do not need to maintain a balance in your account in order to make payments. If you do hold a balance, Company will hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make your funds available to its creditors in the event of bankruptcy. While your funds are in our custody, Company will combine your funds with the funds of other users and place those pooled accounts in one or more bank accounts in Company’s name.
Company is not a bank or other chartered depository institution. Funds held by Company or its service providers (including any bank service providers) in connection with the processing of transactions are not deposited obligations and are not insured for the benefit of the user by the Federal Deposit Insurance Corporation or any other governmental agency. Funds held in balance are an ancillary function of enabling money transmission and not for other benefits.
ii. Assignment of Interest to Company
You agree that you will not receive interest or other earnings on the funds that Company handles and places in pooled accounts. Company does not typically receive interest on funds held for its users. However, in consideration for your use of the service, you irrevocably transfer and assign to Company any ownership right that you may have in any interest that may accrue on funds held in pooled accounts. This assignment applies only to interest earned on your funds, and nothing in this Agreement grants Company any ownership right to the principal of the funds you maintain with Company.
iii. Negative Balances
If the balance in your account is negative for any reason, Company may set off the negative balance by deducting amounts you owe Company from money you receive into your account or money you attempt to withdraw or send from your account. You agree to allow Company to recover any amounts due to Company by debiting your balance. If there are insufficient funds in your balance to cover your liability, you agree to reimburse Company through other means. If Company is unable to recover the funds from your preferred payment method, Company may attempt to contact you, Company may recover the funds from your alternate payment methods or may any take other legal actions to collect the amount due, to the extent allowed by applicable law.
iv. Setoff of Past Due Amounts
If you have a negative balance or other past due amount to Company, Company may make attempts on your payment method to cover the amounts. If Company is unable to recover the funds from your preferred payment method, Company may attempt to contact you, Company may recover the funds from your alternate payment methods or may take any other legal actions to collect any amounts that are more than 14 days past due, to the extent allowed by applicable law.
IF YOU HAVE AMOUNTS PAST DUE, YOU SHOULD CONFIRM THAT YOUR PAYMENT METHODS CONTAIN FUNDS SUFFICIENT TO COVER ANY AMOUNTS PAST DUE. THIS WILL HELP YOU AVOID OVERDRAFTS OR OTHER FEES YOUR FINANCIAL INSTITUTION MAY CHARGE.
v. Security Interest
To secure your performance of this Agreement, you hereby grant to Company a lien on and security interest in your account and agree to execute any further documentation to perfect these rights granted to Company.
i. Transaction Reviews
We review account and transaction activity at various times, including when you initiate a transfer of funds out of your getGFTD account we will review activity. This review checks for, among other things, suspicious or illegal activity, and whether your account activity and the activity of users with whom you have transacted to comply with this Agreement.
Reviews may result in:
(i) delayed, blocked or canceled transfers.
(ii) funds being held by getGFTD.
(iii) funds being applied to a negative getGFTD account balance or used to offset loss incurred by getGFTD.
(iv) account suspension or termination.
(v) funds being seized to comply with a court order, warrant or other legal processes; and/or
(vi) funds you previously received being reversed (i.e., sent back to the sender’s getGFTD balance or to the card or bank account that was used to fund the payment).
Among other reasons, we may take the above actions if you knowingly or unknowingly received a payment that was made from a stolen card, compromised bank account, or compromised getGFTD account, or if you conducted a Prohibited Business Transaction, which includes but is not limited to any illegal or ill-gotten transaction deemed so by law enforcement. getGFTD shall not be responsible for making whole either party engage in prohibited conduct.
In connection with our review process, you may be required to provide us with additional information and/or documentation to verify your identity. We may limit your account and your access to funds in it until verification is completed.
getGFTD SHOULD ONLY BE USED TO PAY OR ACCEPT PAYMENTS FROM PEOPLE YOU KNOW AND TRUST. DO NOT USE GFTD TO TRANSACT WITH PEOPLE YOU DO NOT KNOW, ESPECIALLY IF THE PAYMENT INVOLVES THE PURCHASE OR SALE OF A GOOD OR SERVICE. THIS IS CONSIDERED A PROHIBITED BUSINESS TRANSACTION AND IS NOT PERMITTED UNDER THIS AGREEMENT. IF YOU USE GFTD TO CONDUCT A PROHIBITED BUSINESS TRANSACTION AND WE LATER REVERSE THE PAYMENT (WHICH COULD OCCUR IF IT IS DETERMINED THAT YOU HAVE VIOLATED THIS AGREEMENT OR IF THE PAYMENT WAS MADE USING A COMPROMISED PAYMENT METHOD OR ACCOUNT), YOU COULD LOSE BOTH THE UNDERLYING GOODS OR SERVICE SOLD AND THE FUNDS PREVIOUSLY RECEIVED FOR THEM.
Please see here for information on fees. Fees may change from time to time at our sole discretion.
j. Closing Your Account
i. How to Close Your Account
As long as there are no pending or in-progress transactions, you may close your account at any time. You may close your account by logging into your account from a web browser, clicking on the “Settings” tab, clicking on the “Cancel my getGFTD Account” link, and then following the instructions; however, you must withdraw your balance prior to closing your account.
ii. Limitations on Closing Your Account
You may not close your account to evade a payment investigation. If you attempt to close your account while we are conducting an investigation, we may hold your funds for up to 180 days to protect the Company or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties, and any other liability. You will remain liable for all obligations related to your account even after the account is closed.
k. Item Hold
Company, in its sole discretion, may place a hold on a payment you receive for a transaction when Company believes there may be a high level of risk associated with the transaction. If Company places a hold on your payment, it will show as “pending” in your getGFTD account.
i. Release of Item Hold
Company will release the payment hold after 21 days unless we receive a dispute, claim, chargeback, or reversal on the transaction subject to the hold. Company may release the hold earlier if the sender of funds provides us with confirmation of acceptance, Company is able to confirm proper delivery, or Company otherwise completes its investigation.
ii. Additional hold period
If you receive a dispute, claim, chargeback, or reversal on the transaction subject to the item hold, Company may hold the payment in your account until the matter is resolved pursuant to this Agreement.
l. Account Hold and Reserves
For high volume accounts, including business accounts, Company may, in its sole discretion, place a reserve on funds held in your account when it believes there may be a high level of risk associated with your account. If your account is subject to a reserve, Company will provide you with a notice specifying the terms of the reserve. The terms may require that a certain percentage of the amounts received into your account are held for a certain period of time, or that a certain amount of money is held in reserve, or anything else that Company determines is necessary and or reasonable to protect against the risk associated with your account. Company may change the terms of the reserve at any time by providing you with notice of the new terms.
Upon termination of this Agreement for any reason, we have the right to prohibit your access to the getGFTD Services, including without limitation by deactivating your username and password, and cancelling your getGFTD APP and refusing future access to the getGFTD Services by you or if a business entity, its parent, affiliates or subsidiaries or its or their successors.
n. Rules and Restrictions for Personal Accounts
The following Rules and Restrictions for personal accounts apply to your use of a personal account under this Agreement.
i. Receiving Money
Please see Help Center at getGFTDapp.com here for more details on limits, including limits on receiving and sending money. These limits may change from time to time in Company’s sole discretion.
ii. Transaction Fees for Receiving Money
Please see above for more details on fees. These fees may change from time to time in Company’s sole discretion.
iii. Error in Receiving Money
In the event of an error, you give Company permission, subject to Company’s compliance with applicable law, to make appropriate corrections by debiting or crediting your GFTD account balance, or debiting or crediting your primary or alternate payment methods as applicable.
iv. Account Errors
If your account history shows transfers you did not make, follow the procedures outlined in Section D.11 of this Agreement.
o. Rules and Restrictions for Business Accounts
The following Rules and Restrictions for Business Accounts apply to your use of a business account under this Agreement.
i. Receiving Money
Except as may be otherwise provided by applicable law, there is no pre-set limit to the amount of funds you can receive from an in-app user if such monies are being transferred within the app using the getGFTD Services. There are limits on the amount you may send using getGFTD Services if those funds are being transferred outside the confines of the app and those limits are set by law or by the owners of the apps. There are also limits on the amount you can withdraw. Please see our Help Center at getGFTDap.com here for more details on limits, including limits on receiving and sending money. These limits may change from time to time at Company’s sole discretion and the requirements to lift those limits may vary based on product usage.
ii. Error in Receiving Money
In the event of an error, you give Company permission, subject to Company’s compliance with applicable law, to make appropriate corrections by debiting or crediting your getGFTD balance or debiting or crediting your primary or alternate payment methods as applicable.
If you are a business entity, you represent that you are duly authorized to do business in the United States; and your employees, officers, representatives, and other agents accessing the getGFTD Services are duly authorized to access the getGFTD Services and to legally bind you to this User Agreement and all transactions conducted under your username and password.
v. Authority of Officers and Employees
If you are a business entity, you agree that all officers, employees, agents, representatives, and others having access to the username and/or password shall be vested by you with the authority to use the getGFTD Services and to legally bind the business You shall be responsible for all actions by current and former officers, employees, agents, representatives, and others, regardless of whether authorized by the business that accesses the getGFTD Services using your username and password. YOU ASSUME THE ENTIRE RISK FOR THE FRAUDULENT, UNAUTHORIZED, OR OTHERWISE IMPROPER USE OF YOUR PASSWORD. WE SHALL BE ENTITLED TO RELY ON THE GENUINENESS AND AUTHORITY OF ALL INSTRUCTIONS RECEIVED BY US WHEN ACCOMPANIED BY SUCH PASSWORD, AND TO ACT ON SUCH INSTRUCTIONS.
p. Authorized Merchant Payments
i. Fees for Authorized Merchant Payments
You are responsible for the amount of any authorized Merchant Payment, and Company will not charge you any fees for using your getGFTD account to complete an Authorized Merchant Payment, regardless of how the payment was funded. Company may elect to implement and alter Authorized Merchant Payment fees from time to time at its sole discretion. You may be subject to third-party fees, including, without limitation, insufficient fund fees, reversal fees, or ACH insufficient funds fees that a bank may charge if your Authorized Merchant Payment transaction is rejected.
ii. Funding Authorized Merchant Payments
Your getGFTD account balance will be used to make Authorized Merchant Payments when the balance is sufficient to cover the entire payment amount. If your balance is not sufficient to cover the entire payment amount, your selected preferred payment method will be used to fund the entire payment amount instead. Authorized Merchant Payments will not be split between your getGFTD account balance and any payment method. You will be asked to select a preferred payment method at the time you enable Authorized Merchant Payments. Some merchants may require you to have a payment method in order to connect your getGFTD account to the merchant and/or use digitalwallet in GFTD account for purchases with the merchant. If your balance is insufficient to cover an Authorized Merchant Payment and you have not selected a preferred payment method, or if your payment method is invalid or insufficient, your transaction will be declined. You can set or change your preferred payment method for Authorized Merchant Payments in the Payment Methods section of your getGFTD account settings.
Linking your getGFTD Account to an Authorized Merchant and Automatic Authorized Merchant Payments
You can agree with an authorized merchant to use getGFTD as the payment method for future Authorized Merchant Payments with that merchant. This agreement is between you and the authorized merchant and allows the merchant to take funds from your getGFTD
an account with your authorization either on a one-time, regular or sporadic basis, depending on the type of billing agreement.
“Preauthorized payments” are a type of billing agreement that allows an authorized merchant to receive Authorized Merchant Payments from your getGFTD account on a regularly recurring basis (for example, every month or otherwise on a routine billing cycle), and if such Authorized Merchant Payments will vary in amount, you have the right to advance notice of the amount and date of the transfer from the merchant at least 10 days before the transfer is made. If the merchant provides the option, you may choose to receive this advance notice only when the amount of your pre-authorized payment will fall outside a range established between you and the merchant.
You may cancel a billing agreement by reaching out to the authorized merchant directly, by disconnecting the merchant in your “Connected Merchants” page in the getGFTD app. You may cancel a pre-authorized payment up to 3 Business Days before the date of the next scheduled payment. If you cancel a billing agreement, you may still owe the merchant money for the purchase or have additional obligations to the merchant for any goods or services that you receive but have not paid for.
Logins and Security
Depending on the merchant, once you’ve connected your getGFTD account, you may be asked to log into getGFTD and/or to provide your Touch ID or PIN (if enabled) before you will be able to complete a purchase. To enable Touch ID or PIN, go to your getGFTD account settings.
Authorized Merchant Payment Limits
We impose limits on the total amount of Authorized Merchant Payments you can make using your getGFTD account. Please see our Help Center here for more details on limits. These limits may change from time to time at Company’s sole discretion.
Sharing Authorized Merchant Payments
Authorized Merchant Payments will not be shared with others on your getGFTD social feed unless you choose to share. If you elect to share an Authorized Merchant Payment and your default privacy setting is public or friends, that setting will control who sees the payment. If you elect to share an Authorized Merchant Payment and your default privacy setting is private, the payment will be shared with your getGFTD friends. You can change your default privacy setting in the privacy section of your getGFTD account settings. You can change the privacy setting for any Authorized Merchant Payment you have already shared by selecting it from your getGFTD social feed and changing the privacy settings.
Payment Authorizations and Processing Delays
When you make an Authorized Merchant Payment, you are providing the merchant with authorization to process your payment. Your payment will be held as pending until the merchant processes it, which may not occur immediately depending on the merchant. In such cases, your authorization will remain valid for up to thirty (30) days, and we may place a temporary hold on the funds in your getGFTD account for the payment amount. In addition, for payments to certain merchants, we or the merchant may request authorization for what is estimated to be the final payment amount. This estimate may exceed the actual payment amount. For example, a merchant may request authorization for an estimated service fee and for a tip, and that estimate may be higher than what you ultimately pay. In such cases, we may place a temporary hold on the funds in your getGFTD account for the estimated payment amount. We will release any temporarily held funds that exceed the actual payment amount within thirty (30) days of the payment. Until released, the funds subject to any hold will not be available to you.
Authorized Merchant Payment Protection
IMPORTANT: ONLY QUALIFYING AUTHORIZED MERCHANT PAYMENTS WILL BE ELIGIBLE FOR AUTHORIZED MERCHANT PAYMENT PROTECTION. THIS PROTECTION DOES NOT APPLY TO ANY OTHER TRANSACTION CONDUCTED USING getGFTD. FOR EXAMPLE, AUTHORIZED MERCHANT PAYMENT PROTECTION WOULD NOT APPLY TO ANY PAYMENT YOU MAKE (OR CHARGE YOU ACCEPT) USING THE getGFTD APP, REGARDLESS OF THE NATURE OF THE PAYMENT (OR CHARGE) OR THE RECIPIENT (OR REQUESTOR).
When you make an Authorized Merchant Payment you may be covered by the Authorized Merchant Payment Protection program. When applicable, Authorized Merchant Payment Protection entitles you to reimbursement for the full purchase price of the item purchased plus the original shipping costs you paid, if any. When you submit a claim, Company determines, in its sole discretion, whether the claim qualifies for Authorized Merchant Payment Protection using the eligibility guidelines below. Company’s determination is considered final, but you may be able to appeal the decision if you have new or compelling information not available at the time of the original determination or you believe there was an error in the decision-making process.
You may be required to return the item to the authorized merchant or other party specified by the Company as part of the settlement of the claim. Authorized Merchant Payment Protection does not entitle you to reimbursement for return shipping costs that may be incurred.
Authorized Merchant Payment Protection may apply when you encounter these specific problems with an eligible Authorized Merchant Payment transaction:
INR (“Item Not Received”): You didn’t receive the item from the authorized merchant
SNAD (“Significantly Not as Described”): You received the item, but the item differs significantly from what you ordered.
Note that these claims are different than Unauthorized or Error claims, which are handled according to Section D.11 of this Agreement.
You must meet all of the following requirements in order to be eligible for protection:
The transaction must qualify as an Authorized Merchant Payment.
The Authorized Merchant Payment was made to purchase an eligible item.
You have previously attempted to resolve the issue directly with the merchant.
Have a getGFTD account in good standing.
Respond to requests for documentation and other information in a timely manner.
File a dispute with the Company within 180 days of the date the Authorized Merchant Payment was made. You have not received reimbursement related to the purchase from another source.
Only Authorized Merchant Payments are eligible for protection. The following payment, claims, and transaction types are, however, not eligible for protection under any circumstances:
Any payment made using getGFTD that does not qualify as an Authorized Merchant Payment (including, without limitation, any payment you make or charge you accept using the getGFTD app or getGFTDapp.com).
Real estate, including residential property. Buying or investing in a business.
Investments in gold or financial products.
Vehicles, including, but not limited to, motor vehicles, motorcycles, caravans, aircraft, and boats.
Significantly Not As Described claims for custom-made items.
Payments on crowdfunding platforms.
Items or transaction types prohibited in this Agreement.
For Item Not Received claims, items that you collect in person or arrange to be collected on your behalf, including items bought in an authorized merchant’s store location.
Industrial machinery used in manufacturing.
Anything purchased from, or an amount paid to, a government agency.
Stored value items such as gift cards and prepaid cards.
Gambling, gaming, and/or any other activity with an entry fee and a prize.
Items prohibited by Company’s Acceptable Use Policy.
Even if your purchase is not eligible for Authorized Merchant Payment Protection, you can try to resolve the issue directly with the authorized merchant.
INR (Item Not Received) Claims
Your claim will not qualify for Authorized Merchant Payment Protection if:
You collect the item in person or arrange for it to be collected on your behalf, including purchases made at an authorized merchant’s store location.
Company has adequate proof from the authorized merchant indicating that the item was delivered, or the order was fulfilled.
If the merchant presents evidence that they delivered the goods to your address, Company may find in favor of the merchant even if you did not receive the goods.
SNAD (Significantly Not as Described) Claims
To qualify for Authorized Merchant Payment Protection as a result of a Significantly Not as Described claim, the item must be materially different from the authorized merchant’s description of the item.
The following claims will qualify as a Significantly Not as Described claim:
You received a completely different item (e.g., you purchased a book and received a DVD or an empty box).
The condition of the item was misrepresented (e.g., the item was described as “new” but the item was used).
The item was advertised as authentic but is not authentic (i.e., counterfeit).
The item is missing major parts or features, and those facts were not disclosed in the description of the item when you bought it.
You purchased multiple items, but the order received was incomplete.
The item was damaged during shipment.
The following claims will not qualify as a Significantly Not as Described claim:
A defect in an item was correctly described by the authorized merchant in its description of the item.
The item was properly described but you didn’t want it after you received it.
The item was properly described but did not meet your expectations.
The item has minor scratches and was described as “used.”
Authorized Merchant Payment Protection Claim Process
If you’re unable to resolve an Authorized Merchant Payment-related issue directly with an authorized merchant, you can file an Authorized Merchant Payment Protection claim with Company using the steps described below. If you do not follow these steps, your claim may be denied.
Step 1: File a claim by emailing or calling an agent at 1 (855) 812-4430 within 180 days of the date you made the Authorized Merchant Payment. Please include information on the Authorized Merchant Payment you’re disputing and the reason for your claim, including the date and amount of purchase, the authorized merchant’s name, and an explanation of your issue.
Step 2: Respond to Company’s requests for documentation or other information. Company may require you to provide receipts, photographs, police reports, or other documents that Company specifies. You must respond to these requests in a timely manner as requested in our correspondence.
Step 3: Comply with Company’s shipping requests in a timely manner. If you file a SNAD claim Company may require you, at your expense, to ship the item back to the authorized merchant, to Company, or to a third party specified by Company and to provide proof of delivery. Proof of delivery means:
Confirmation that can be viewed online and includes the delivery address showing at least city/state or zip code, delivery date, and the identity of the shipping company you used.
For transactions that total $750 U.S. dollars or more, you must provide signature confirmation of delivery.
Step 4: Company will make a final decision on the claim, in its sole discretion, based on the coverage and eligibility requirements set forth above, any additional information provided during the claim process, and any other information Company deems relevant and appropriate under the circumstances. You may appeal the decision if you have new or compelling information not available at the time of the original determination or you believe there was an error in the decision-making process.
You may dispute an Authorized Merchant Payment with your card issuer if you used a debit or credit card to fund your Authorized Merchant Payment. Your rights with the card issuer may be broader than those available under the Authorized Merchant Payment Protection plan and you may be able to recover amounts even if you don’t qualify for Authorized Merchant Payment Protection.
You must choose to either pursue a claim with Company under the Authorized Merchant Payment Protection program or pursue a dispute with your card issuer. You cannot do both and cannot recover funds from both Company and the card issuer. If you submit a claim to us and file a chargeback relating to the same transaction with your card issuer, we’ll deny and close your claim with us. Similarly, if you pursue a dispute with your card issuer, you cannot pursue a claim with us later.
If you submit an Authorized Merchant Payment Protection claim with Company and we deny the claim, you can seek to pursue a dispute with your card issuer. If Company does not make a final decision on your claim until after your card issuer’s deadline for filing a dispute, and because of our delay you recover less than the full amount you would have been entitled to recover from the card issuer, we will reimburse you for the remainder of your loss minus any amount you have already recovered from the authorized merchant or your card issuer.
Before filing a dispute or claim with either your card issuer or Company, you should contact the authorized merchant to attempt to resolve your issue.
Other payment methods may provide you with additional protection or other benefits that you will not receive if you use your getGFTD account to make a purchase. Please consider this when choosing whether to use your getGFTD account for Authorized Merchant Payments.
If you become aware of an Authorized Merchant Payment that you did not authorize, please follow the procedures outlined in Section D.11 of this Agreement.
If you have any questions regarding Authorized Merchant Payments, please contact us. Learn more about Authorized Merchant Payments here.
Using getGFTD with Apple’s Siri or Alexa, Google Home, and iMessage
You may use certain getGFTD Services via Alexa, Google Home, iMessage, and Siri on iPhones running iOS 10 or higher on which the getGFTD app has been installed. Such use is subject to Apple’s applicable terms and conditions for use of Alexa, Google Home, and iMessage and/or Siri and the terms of this Agreement, including, without limitation, those set forth below.
If you choose to use Siri or Alexa, Google Home, and iMessage to send payments via getGFTD, you must permit getGFTD to integrate with iOS, and you authorize getGFTD to share some of your getGFTD account data (including your friends' list, list of persons you have transacted with most recently and most frequently, transaction instructions and transaction notes) with Apple, Meta, and Google Analytics to allow it to facilitate transaction requests made through Siri or Alexa, Google Home, and iMessage on iOS. Data shared with Apple will be used pursuant to Apple’s then-current user agreements and privacy policies.
You can grant or revoke Apple’s access to getGFTD on iOS at any time under the “Siri” or “Alexa, Google home and iMessage” settings on your iPhone.
Using getGFTD in Alexa, Google Home, and iMessage
Unlike most payments sent with getGFTD, a getGFTD payment sent via Alexa, Google Home and iMessage must be accepted by a recipient with a getGFTD account before that payment can be added to the recipient’s getGFTD balance. When you send a payment in Alexa, Google Home, and iMessage, the recipient will be prompted to tap a link to accept the funds. Payment recipients do not need iOS 10 or an iPhone, but their device must have the ability to receive text messages from you and be able to access the internet. In addition, the recipient must have a getGFTD account in order to accept the payment. If a recipient without a getGFTD account attempts to accept funds, he or she must create a getGFTD account first.
When you send a payment in Alexa, Google Home, and iMessage, the payment will leave your getGFTD account immediately, but it will not be added to the recipient’s getGFTD balance until he or she accepts the payment.
If a payment sent in Alexa, Google Home, and iMessage is not accepted within three (3) days, it will be canceled automatically. You may cancel a payment sent via Alexa, Google Home, and iMessage any time prior to it being accepted by going to Incomplete in the getGFTD app menu, selecting the relevant payment, and canceling it.
When a payment initiated via Alexa, Google Home, and iMessage is canceled, the funds will be returned to the original payment method for the payment. If the payment was funded via your getGFTD balance, the payment will be returned to your balance. If the payment was funded by a credit or debit card, the payment will be returned to that card. It may take up to thirty (30) days for the returned payment to be applied by your card issuer. You can contact them directly for specific timeframes. If you funded a payment via a bank account, the payment will be returned to that account.
You can view the status of a payment sent via Alexa, Google Home, and iMessage by going to Incomplete in the getGFTD app menu or by tapping the payment note in Alexa, Google Home, and iMessage.
You may also initiate a charge request in Alexa, Google Home, and iMessage. Any charge request not accepted within three (3) days will be canceled automatically.
You cannot use GFTD to initiate a payment or charge request in Alexa, Google Home, and iMessage group conversations.
Payments via Siri
Payments sent using Siri are similar to other standard payments sent in the getGFTD app. Once initiated, the payment will leave your getGFTD account and be made available to the recipient as soon as you confirm the payment. You’ll also be able to see the payment in your getGFTD social feed.
Siri can only be used to pay or request payment from persons on your getGFTD friends' list, those who are getGFTD friends with your getGFTD friends, and your “top people” on getGFTD, which you can see in the getGFTD app when you tap to initiate a payment. The top people may include those who are not your friends on getGFTD so long as you have transacted with them previously.
When initiating a getGFTD payment or charge request on Siri, you must specify the name of the individual getGFTD user you are seeking to pay or charge. Siri cannot be used to send payments to email addresses, phone numbers or getGFTD usernames. If you’re trying to send a payment to someone that’s not showing up while using Siri, you may be asked to proceed to the getGFTD app so that you can find the recipient and proceed with the transaction.
To initiate a getGFTD payment using Siri, please use one of the following formats: “Pay [name of friend] [amount] dollars on getGFTD for [payment note],” or “getGFTD [name of friend] [amount] dollars for [payment note].”
Prior to completing any getGFTD transaction through Siri, Siri will show you an overview of your proposed payment or request and ask you to confirm the transaction details. If everything is correct, you can say “yes” or “send” or tap send on the confirmation screen to initiate the transaction. If any details are not correct, you need to change something or have changed your mind, you can just say “no” or tap “cancel” on the confirmation screen, Siri will discard the proposed payment or request.
You can grant or revoke Siri’s access to getGFTD at any time under Siri settings on your iPhone.
You cannot use getGFTD to initiate payments to multiple persons in a single transaction through Siri.
Privacy Settings for Transactions in Alexa, Google Home, and Siri
When sending or requesting a payment via Alexa, Google Home, the privacy setting for the transaction will be the default privacy setting (public, friends, or participants only) for your getGFTD account. You can change your privacy setting for any individual getGFTD transaction while in Alexa and Google home prior to confirming and submitting your transaction details. You can also change your default privacy setting in the privacy section of your getGFTD account settings.
When sending or requesting payment using Siri, the privacy setting for the transaction will be the default privacy setting (public, friends, or participants only) for your getGFTD account. You will be shown your default privacy setting on the confirmation screen for the transaction but you will not be able to change your privacy setting during the transaction through Siri. If you want to change your default privacy setting during a transaction on Siri, you will need to cancel the transaction and change your default privacy setting in the privacy section of your getGFTD account settings.
You can change the privacy setting for any getGFTD transaction conducted through Alexa, Google Home, iMessage, or Siri after it has been completed by selecting the transaction from your getGFTD transaction feed and changing the privacy setting for the transaction.
Logins and Security
You must be logged in to getGFTD to access the getGFTD Services using Alexa, Google Home, or Siri. If enabled, you will also need to provide Touch ID or PIN for GFTD before you will be able to complete a transaction using Siri or Alexa, Google home. To enable Touch ID or PIN, should technology be available to you or any other customer/client, for getGFTD on iOS, go to your getGFTD account settings. getGFTD transactions cannot be made from a locked iOS device.
Modifications; No Liability for Third Party Materials
We may add, change, suspend or eliminate any or all getGFTD Services available via Alexa, Google home or Siri at any time, with or without notice. Company has no liability or responsibility for any errors or other issues with Siri, Alexa, and Google home, iOS or any other third-party software, device, or service that may impact your ability to use the getGFTD Services.
If you have any questions about using getGFTD with Alexa, Google Home, or Siri, you can learn more here: email@example.com
Third-Party Operating System Providers, Phone Manufacturers, and Wireless Carriers
The getGFTD mobile application works on an application linked to a particular device and operating system, such as Apple’s iOS operating system. Company is solely responsible for providing maintenance and support services for the getGFTD Services. Covered Third Parties have no obligation to provide maintenance or support services for the getGFTD Services.
Covered Third Parties have no warranty obligations whatsoever with respect to the getGFTD Services and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the getGFTD Services to conform to any warranty provided by Company, if any, will be Company’s sole responsibility.
Company, not any Covered Third Parties, is responsible for addressing any claims relating to the getGFTD Services, including, but not limited to: (i) product liability claims; (ii) any claim that the getGFTD Services fail to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and (iv) intellectual property claims. Please see the Contact Us section below for how to contact the Company.
If you are using the getGFTD Services on an Apple device, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement and that Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary. Such rights may also accrue to other handset manufacturers and operating systems that participate in the Services.
Services via SMS or Mobile Data
The getGFTD Services allow you to send and receive payments through your mobile phone via SMS or mobile data plan. If you use the Services on your mobile phone, you are responsible for any fees that your phone service provider charges for SMS, data services, etc. Your phone service provider is not the provider of the getGFTD Services.
GENERAL TERMS AND CONDITIONS.
Notices to You
You acknowledge and agree that we will provide the notice to you in accordance with our Consent to Receive Electronic Disclosure Policy. If you do not consent or at any time withdraw your consent to receive electronic notices from us, we reserve the right to close your accounts.
“Business Days” means Monday through Friday, excluding Holidays. “Holidays” means New Year’s Day (January 1), Birthday of Martin Luther King, Jr. (the third Monday in January), Washington’s Birthday (the third Monday in February), Memorial Day (the last Monday in May), Independence Day (July 4), Labor Day (the first Monday in September), Columbus Day (the second Monday in October), Veterans Day (November 11), Thanksgiving Day (the fourth Thursday in November) and Christmas Day (December 25). If a Holiday falls on a Saturday, Company shall observe the Holiday on the prior Friday. If the Holiday falls on a Sunday, Company shall observe the Holiday on the following Monday.
Notices to Company
Calls to You
By Providing Company a telephone number (including a wireless/cellular telephone), you consent to receiving autodialed and prerecorded message calls from Company at that number should the need arise. However, we will never call you for promotional purposes.
getGFTD Websites and Apps
The Company’s getGFTDapp .com website may feature third-party offers and enable product searches. Company does not warrant that product descriptions, pricing, search results, user ratings, and reviews, or any other content on Company websites is accurate, complete, reliable or current. This information is provided for informational purposes only and does not constitute an endorsement by Company of any product, service or vendor.
“getGFTDapp.com”, “GFTD”, and all related logos, products, and services described in our website and mobile applications are either trademarks or registered trademarks of Company or its licensors. You may not copy, imitate or use them without Company’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Company. You may not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by Company through our vendor services, SMS tools, promotional tools or affiliate programs without prior written consent for the purpose of directing web and SMS traffic to the service. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to Company or the getGFTD Services or display them in any manner that implies Company’s sponsorship or endorsement. All right, title and interest in and to the getGFTD website and any content thereon is the exclusive property of Company and its licensors.
Certain other product or service names, brand names and company names may be trademarks of their respective owners.
It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Company is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
If you receive information about another getGFTD user through the getGFTD Services, you must keep the information confidential and only use it in connection with the service. You may not disclose or distribute a getGFTD user’s information to a third party or use the information for marketing purposes unless you receive the user’s express consent to do so.
Protecting the privacy of young children is especially important. For that reason, we do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow anyone under 13 to register for the GFTD Services. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under the age of 13 is allowed to provide any personal or payment information to us through the getGFTD Services. If we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at the information provided below in the “Contact Us'' section.
Loss or Theft of Account Information, PIN, and Mobile Device
If you believe that any of your getGFTD account registration information, PIN, or mobile device containing the getGFTD App has been lost or stolen, or if your account history shows transfers that you did not make, immediately contact Company via the Contact Us information below or by email to support at firstname.lastname@example.org
Resolution Procedures for Unauthorized Transactions and Other Errors
Protection for Unauthorized Transactions and Other Errors
The following terms and conditions apply with respect to all getGFTD Services, other than those associated with the getGFTD Mastercard. For resolution procedures for unauthorized transactions and other errors associated with your use of getGFTD, please view your account and, if necessary, email us at email@example.com
When an Unauthorized Transaction (defined below) or Other Error (defined below) occurs in your account, including Unauthorized Transactions that occur because your mobile-activated phone has been lost or stolen, Company will cover you for an eligible amount – between 0 and 40% of every eligible Unauthorized Transaction or Other Error as long as you follow the procedures discussed below.
An “Unauthorized Transaction” is a type of error that occurs when money is sent from your account that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your account, and sends a payment from your account, an Unauthorized Transaction has occurred. However, if you give someone access to your account (for example, by giving them your login information) and they conduct transactions without your knowledge or permission, you are responsible for any resulting use. Such transactions are not considered Unauthorized Transactions and you will be responsible for 100% of the transaction.
In addition, “Other Errors” occur when money is either incorrectly credited to your account or incorrectly debited from your account, or when transactions are incorrectly recorded in your account. Other Errors that are covered by Company are limited to the following events: (i) if you send a payment and we debit an incorrect amount from your account; (ii) if we credit an incorrect amount to your account; (iii) if a transaction is missing from or not properly identified in your account statement; and (iv) if there is a computational or mathematical error by Company. Routine inquiries about your balance or the status of a pending transfer into or out of your account are not considered Unauthorized Transactions or Other Errors unless you expressly notify us of an Unauthorized Transaction or Other Error in connection with the transfer. Requests for information for tax or other recordkeeping purposes and requests for duplicate documentation also are not deemed to be Unauthorized Transactions or Other Errors. You may request documentation or information regarding your account or transaction to determine whether an Unauthorized Transaction or Other Error exists by contacting us through the “Contact Us” link on the getGFTDapp website.
You should immediately notify Company if you believe:
There has been an Unauthorized Transaction, unauthorized access to your account, or the occurrence of an Other Error;
There is an error in your transaction history or your transaction confirmation sent to you by email;
Your password has been compromised;
Your getGFTD mobile-activated phone has been lost, stolen or deactivated; or
You need more information about a transaction listed in your transaction history or transaction confirmation email.
To be considered eligible for 0% to 100% protection for Unauthorized Transactions sent from your account, you must notify us within 10 days after any Unauthorized Transaction or Other Error first appears in your account statement. If you do not tell us within 10 days after the account statement was made available to you, you may not get back any money you lost after the 10 days if you could have stopped someone from taking the money and if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
You should regularly log into your account and review your transaction history to ensure that there has not been an Unauthorized Transaction or Other Error. Company will also send an email to the primary email address on file in order to notify you of each transaction from your account. You should review these emails to ensure that each transaction was authorized and is accurate.
For Unauthorized Transactions or Other Errors in your account, notify us as follows:
By writing to us through at getGFTDapp.com under the “Contact Us” tab; or
By emailing us at firstname.lastname@example.org
When you notify us, provide us with all of the following information:
Your name, and the email address and phone number registered to your account;
A description of any suspected Unauthorized Transaction or Other Error and an explanation of why you believe it is incorrect or why you need more information to identify the transaction; and
The dollar amount of any suspected Unauthorized Transaction or Other Error.
If you notify us orally, we may require that you send us written confirmation within 10 Business Days. During the course of our investigation, we may request additional information from you.
Company Actions After Receipt of your Notification
Once you notify us of any suspected Unauthorized Transaction or Other Error, or we otherwise learn of one, we will do the following:
We will conduct an investigation to determine whether there has been an Unauthorized Transaction or Other Error that is eligible for protection.
We will complete our investigation within 10 Business Days of the date we received your notification of the suspected Unauthorized Transaction or Other Error. If your account is new (the first transaction from your account was less than 30 Business Days from the date you notify us), we may take up to 20 Business Days to complete this investigation. If we need more time, we may take up to 45 days to complete our investigation (or up to 90 days for new accounts).
We will inform you of our decision within 3 Business Days after completing our investigation. If we determine that there was an error, we will promptly credit the full amount of the error into your account within 1 Business Day of our determination. Or, if you have already received a provisional credit, you will be allowed to retain those amounts.
If we decide that there was not an Unauthorized Transaction or Other Error, we will include an explanation of our decision in our email or other communications to you.
You may request copies of the documents that we used in our investigation.
We will rectify any processing error that we discover. If the error results in your receipt of less than the correct amount to which you are entitled, Company will credit your account for the difference. If the error results in your receipt of more than the correct amount to which you are entitled, Company will debit the extra funds from your account. If the error resulted in our not completing a transaction on time or in the correct amount, we will be liable for your losses or damages directly caused by this failure, unless: (a) through no fault of ours, you did not have enough available funds to complete the transaction, (b) our system was not working properly and you knew about the breakdown when you started the transaction, or (c) circumstances beyond our control (such as fire, flood or loss of Internet connection) prevented the transaction, despite our reasonable precautions.
In connection with your use of our website, your account, or the getGFTD Services, or in the course of your interactions with Company, a user, or a third party, you will not:
breach this Agreement, the Company's Acceptable Use Policy, the card processing Agreement, or any other Agreement that you have entered into with Company, or any other Company policy;
violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination, or false advertising);
infringe Company’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
act in a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
provide false, inaccurate, or misleading Personal Information;
create more than one getGFTD account for yourself, through, among other methods, using a name that is not yours, using a temporary email address(es) or phone number(s), or providing any other falsified Personal Information;
send or receive what we reasonably believe to be potentially fraudulent funds;
refuse to cooperate in an investigation or provide confirmation of your identity or any Personal Information you provide to us;
attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both Company and the recipient of funds, bank, or credit card issuer for the same transaction;
use an anonymizing proxy;
control an account that is linked to another account that has engaged in any of these restricted activities;
control or possess more than one account without authorization from Company;
conduct your business or use the getGFTD Services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties, and other liability to Company, a user, a third party, or you;
use the getGFTD Services to make transactions for the purpose of earning rewards, perks, miles, points, etc. with your credit card, debit card, or bank account;
have a credit score from a credit-reporting agency that indicates a high level of risk associated with your use of the services;
use your account or the GFTD Services in a manner that Company, Visa, Mastercard, American Express, or Discover reasonably believe to be an abuse of the credit card system or a violation of credit card association rules;
allow your getGFTD account to have a negative balance; provide yourself a cash advance from your credit card (or help others to do so);
disclose or distribute another getGFTD user’s Personal Information to a third party, or use the information for marketing purposes unless you receive the user’s express consent to do so;
send unsolicited email to a user or use the getGFTD Services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or the getGFTD Services;
take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;
use the getGFTD Services to test credit card behaviors;
use the getGFTD Services to conduct Prohibited Business Transactions.
Your use of the getGFTD Services is subject to the Company’s Acceptable Use Policy.
Legal Compliance; Unlawful Internet Gambling Notice
You are solely responsible for ensuring that your use of the getGFTD Services is in conformance with applicable federal, state and local laws and regulations. By using the getGFTD Services, you warrant and represent that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through your getGFTD account or your relationship with Company. Restricted transactions generally include, but are not limited to, transactions in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with unlawful Internet gambling.
Your Liability - Actions We May Take
You are solely responsible for ensuring that your use of the getGFTD Services is in conformance with applicable federal, state and local laws and regulations. By using the getGFTD Services, you warrant and represent that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Company, a getGFTD user, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the getGFTD Services. You agree to reimburse Company, a user, or a third party for any and all such liability.
You acknowledge that you are responsible for the accuracy of all payments sent using the getGFTD Services, including but not limited to the accuracy of the amount paid and the recipient. Company shall not be responsible or in any way held liable due to inaccurate payments, including but not limited to sending an incorrect amount of money or sending money to an incorrect recipient.
Actions by Company
If we have reason to believe that you have engaged in any restricted activities, made excessive or unexplainable transactions, violated any parts of this Agreement or provided any incorrect information, we may take various actions to protect Company, another GFTD user, a third party, or you from reversals, chargebacks, claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
We may close, suspend, or limit your access to your account or the getGFTD Services (such as limiting access to any of your payment methods, and your ability to send money, make withdrawals, or remove financial information);
we may contact users who have sent you money, contact your bank or credit card issuer, and warn other users, law enforcement, or impacted third parties of your actions;
may update inaccurate information you provided us;
we may refuse to provide our getGFTD Services to you in the future;
we may hold your funds for up to 180 days if reasonably needed to protect against the risk of liability, and we may take legal action against you.
The company, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the getGFTD Services for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in custody for you.
Account Closure, Termination of Service, or Limited Account Access
If we limit or close your account or terminate your use of our Services for any reason, you may contact us and request restoration of access if appropriate. However, if we deem you violated this Agreement, restoration is at our sole discretion.
You may stop using the getGFTD Services at any time or may close your accounts by contacting us. The company, in its sole discretion, reserves the right to terminate the getGFTD Services, to terminate this Agreement, or to terminate your access to the getGFTD Services for any reason and at any time. If we terminate or limit your use of our getGFTD Services for any reason, we will use commercially reasonable efforts to provide you with notice of our actions.
Policy Violation - User Fines
If Company incurs any damages because you violate our policies, break any laws, or otherwise cause Company to suffer any damages or incur any expenses then we may hold your funds up to 180 days, fine you for each such violation, and take legal action against you to recover additional losses, investigation costs, fines, or legal fees we may incur. You acknowledge and agree that a fine of US $2,500.00 for violations of our Agreement is presently a reasonable minimum estimate of Company’s damages, considering all currently existing circumstances, including the relationship of the sum to the range of harm to Company that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult. Company may deduct such fines directly from any existing balance in the offending account, or any other getGFTD account you control.
Dispute with Company
If a dispute arises between you and Company, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. Disputes between you and Company regarding our services may be reported by emailing us at the following email address: email@example.com
Law and Forum for Disputes; Arbitration
This User Agreement shall be governed in all respects by the laws of the State of New York, without regard to conflict of law provisions, except to the extent that federal law applies.
ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS USER AGREEMENT MUST BE ASSERTED INDIVIDUALLY IN BINDING ARBITRATION CONDUCTED BY A SINGLE ARBITRATOR WITH EXPERIENCE IN CONSUMER ONLINE PAYMENT SERVICES DISPUTES ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE AAA SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. The forum for arbitration shall be in the city closest to your residence having a federal district courthouse. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. To the extent allowed by applicable law, the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this User Agreement including, but not limited to, any claim that all or any part of this User Agreement is void or voidable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any non-frivolous claim, Company will pay the costs of the arbitration (but not your attorney fees), up to $3,000.
This User Agreement and each of its parts evidence a transaction involving interstate commerce, and the United States Arbitration Act shall apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings.
There are only two exceptions to this agreement to arbitrate. First, if we reasonably believe that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction. Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in New York City, New York, if the claim and the parties are within the jurisdiction of the small claims court. For these two exceptions, you agree to submit to the personal jurisdiction of the courts located within New York City, New York for the purpose of litigating such claims or disputes.
Waiver of Right to Jury; Class Action Waiver
TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR OTHER COURT TRIAL (OTHER THAN SMALL CLAIMS COURT) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
Liability of Company for Failure to Complete Transfers
If Company does not complete a transfer to or from your account, or use your saved payment information, on time or in the correct amount according to this Agreement, Company will be liable for your losses or damages to the extent required by law. Company will not be liable:
If, through no fault of Company’s, you do not have enough money in your balance, and Company is unable to charge the transaction to your linked credit card, for reasons including but not limited to you exceeding any applicable credit limit;
the funds in your account are subject to legal process or other encumbrance restricting their use;
If the getGFTD Services were not working properly and you knew about the breakdown when you started the transfer;
If the failure results from a failure of a financial institution that issues the credit card or debit card linked to your account, or Company is unable to access a linked credit card for any reason other than due to Company’s fault;
If you provided inaccurate or incomplete information regarding the transfer;
If the transfer appears suspicious, fraudulent, or unauthorized, and Company cannot confirm that it is a legitimate transfer, or if the account of either user involved in the transfer is under investigation by Company or if the transfer is or appears to be prohibited by any applicable law or rules
Disclaimers of Warranty; Damages Exclusions
Unless otherwise prohibited by law, you assume all responsibility for your use of the getGFTD Services and use them at your own risk. To the fullest extent permissible under applicable law, all such representations, warranties, guarantees, and conditions are disclaimed, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of intellectual property rights, or other terms which might otherwise be implied by statute, common law or in equity. Company does not warrant that the services will be uninterrupted or error-free, that defects will be corrected, or that the services, or the servers that process information for the services, are free of viruses, bugs, or other harmful components. On behalf of Company, Covered Third Parties, and each of our respective affiliates, vendors, agents, and suppliers, Company makes the following disclaimers set forth in this section: the getGFTD Services are provided on an “as is”, “as available” and “with all faults” basis, without any representations, warranties, guarantees, or conditions of any kind, express, implied or statutory, including, but not limited to, any warranty as to the use or operation of the services, or the information, content or other materials related to the services, whether provided by Company, any third party, or any of the Covered Third Parties. Neither Company, nor any third party, nor any of the Covered Third Parties warrant nor make any representations regarding the use or the results of the services in terms of correctness, accuracy, timeliness, reliability, or otherwise. You assume the entire cost of all necessary maintenance, repair, or correction to any equipment you use in accessing any of the services, including, but not limited to, your mobile phone or another device.
COMPANY IS NOT LIABLE FOR THE CONSEQUENCES OF YOU CHOOSING TO SHARE ANY PAYMENT DETAILS ON SOCIAL MEDIA OR WITHIN THE getGFTD SERVICES AND BEENGFTD INSTAGRAM, AND YOU AGREE TO HOLD COMPANY HARMLESS AND INDEMNIFY COMPANY FROM ANY LIABILITY arising from the actions or inactions of any external social media network in connection with the permissions you grant to the external social media network.
None of Company, any third party (including, without limitation, The Bancorp Bank), or the Covered Third Parties, or any of their respective affiliates, vendors, agents or suppliers will be liable for, and you agree not to seek against any of the foregoing, any damages of any kind arising from the use of the services, including, but not limited to, indirect, special, incidental, punitive, exemplary, consequential damages or damages resulting from the use of service, loss of use of the service, lost data, lost profits, or business interruption arising out of or in any way connected with the use of the services, any delays in the services, or the inability to use the services, or any portion thereof, whether based on contract, tort, negligence, strict liability or otherwise, even if all or any of us have been advised of the possibility of such damages and even if any remedy fails of its essential purpose.
Company does not have any control over any products or services that are paid for with our services and Company cannot ensure that any party you are dealing with will actually complete the transaction or is authorized to do so.
Company will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Company makes no representations or warranties regarding the amount of time needed to complete processing because Company is dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service.
OTHER RIGHTS VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitations on Liability
Except as otherwise EXPRESSLY provided in this agreement, and to the extent permissible under applicable law, the Company’s cumulative liability to you for any claims or damages arising out of or related to your use of the getGFTD Services shall not exceed the greater of the fee you paid to Company for the use of the getGFTD Services or $1.00 USD.
These limitations on liability apply to: anything related to a service or any application or content made available through any such service; and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. These limitations on liability also apply even if: repair, replacement or a refund for the service does not fully compensate you for any losses; or Company, any third party (including, without limitation, the The Bancorp Bank) or a Covered Third Party knew or should have known about the possibility of the damages.
These limitations on liability will apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose.
Some states or other jurisdictions do not allow the limitation of liability so the foregoing limitations may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
You agree to defend, indemnify and hold harmless Company and its parent, affiliates, officers, directors and employees from any claim or demand (including any damages, losses, expenses and attorneys fees resulting therefrom) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the getGFTD Services.
Assumption of Rights
If Company makes a payment to you for a claim, reversal or chargeback that you file with us against a recipient of your payment, you agree that Company assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, at Company's discretion.
Release of Company
If you have a dispute with one or more users relating to payment, Company is not responsible for any such dispute and you hereby release Company (and our officers, directors, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
Modification of Terms
We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it unless it contains material changes. If we make changes to our Agreements with you that either reduce your rights or increase your responsibilities, we will provide 21 days notice to you before the changes become effective. By using the getGFTD Services after a new Agreement has been posted, you agree to the revised Agreement.
In the event of termination of this Agreement or the getGFTD Services, the terms in this Agreement that by their nature are continuing shall survive such termination, including but not limited to the disclaimers and limitations of liabilities.
We shall not be liable for any delay or failure in the performance or in delivery or shipment of materials, or for any damages suffered by you by reason of such delay or failures, directly or indirectly caused by or in any manner arising from or connected with acts of God, acts of public enemies, riots, strikes, acts of governmental agencies, labor difficulties, failure of our power, telecommunications or other suppliers, delays in securing or shortages of raw materials, breakdown or destruction of any system or equipment, or any other cause or causes beyond our control, whether or not similar to those enumerated herein.
Independent Contractors. The parties agree they are independent contractors to each other in performing their respective obligations hereunder. Nothing in this Agreement or in the working relationship being established and developed hereunder shall be deemed or is intended to be deemed, nor shall it cause the parties to be treated as partners, joint venturers, or otherwise as joint associates for profit.
HOW TO CONTACT US
If you have questions or concerns regarding this Agreement or your getGFTD account, or any feedback that you would like us to consider, please email us at firstname.lastname@example.org