GiftCardFan - Terms & Conditions
The User should read these terms in full before using this Website. If the User does not accept
terms, he/she shall refrain from using the Website. Using the Website implies that the User
terms. GiftCardFan occasionally updates these terms so please refer back to them in the
By accessing and using this Website the User (hereinafter referred to as the 'User') accepts in full and agrees with these Terms & Conditions. Users under 18 years old are not allowed to use the services provided by this Website. Any new services which may be offered through the Website shall also be subject to these Terms & Conditions.
The User has been made aware of the fact that occasional disruptions, impairments of availability and/or stoppage of services (for routine maintenance purposes and similar) or force majeure events are possible, and that HI-COMM s.a.r.l shall not be liable for any loss of data that may occur during online data transmission. The User agrees and accepts that, due to the mentioned reasons, access to the GiftCardFan web page may be disrupted, temporarily unavailable or stopped.
1) General Provisions
HI-COMM s.a.r.l 229 Boulevard Pereire, 75017 Paris, France (hereinafter referred to as GiftCardFan) provides an online service via its web pages within the Website. The service includes provision of information, content management and webshop. These Terms & Conditions define the Terms & Conditions concerning the use of the Website and its services by Users.
The information on the Website may contain certain technical or typographical errors. GiftCardFan does not represent or warrant, explicitly or implicitly, that the content of its web pages and/or linked sites is complete or updated; that the web pages and/or linked sites shall not cause any damage to the Users; that the web pages and/or linked sites shall always be available and accessible; or that the same shall not cause damage to the Users or third parties. Every User expressly agrees to use these web pages on their own responsibility and shall only be liable for the possible costs related to the maintenance or repair of computer equipment. Any warranties provided on these web pages shall refer exclusively to the products or services offered by GiftCardFan.
GiftCardFan reserves the right to modify or disable the Website at any moment, including without limitation the content, period of availability, as well as equipment required to access or use the pages. GiftCardFan is authorized to stop publishing any part/type of information as well as modify or disable any data transmission methods, as well as change the speed of data transmission or any other characteristics thereof. The information may be modified without prior notice. GiftCardFan may also at any time introduce improvements and/or changes to its products and/or programs described in the provided information without prior notice. If the User does not accept the Terms & Conditions, he/she shall refrain from using the Website.
GiftCardFan reserves the right to revise the Terms & Conditions at any moment, as well as disable access to the web pages without prior notice.
2) Changing the Terms & Conditions
GiftCardFan reserves the right at any time, if necessary, to cancel or modify any of the aforementioned Terms & Conditions and/or a statement of confidentiality of data. Any modification or termination of Terms & Conditions will become effective immediately at the time of announcement on the website. Any kind of use of this website by the User after such notice will be understood as acceptance of these changes. The User is obliged to periodically re-read the Terms & Conditions in order to be aware of the latest updates. If the User uses the website after changes to the Terms & Conditions, it is presumed that he/she is familiar with all of the modifications, understands and fully accepts them. GiftCardFan excludes liability for any damage caused to users or third parties as a result of such changes.
3) Intellectual Property
This Website contains material protected by copyright, trademark or design right, other
information protected by other rights of natural or legal persons, including without limitation
texts, software, photographs, video materials, graphics, music, sound, as well as the entire
content of the web pages, in accordance with the regulations of the laws
in France. GiftCardFan has an exclusive right to use all material (texts,
photographs, images, drawings, audio and video material, and other), protected product and
service symbols (trademarks), logotypes and other content contained in the web pages or the same
are used on the basis of an explicit prior consent of the owners of the relevant copyright,
trademark and/or design right. GiftCardFan is the registered trademark of HI-COMM s.a.r.l
and all rights referring to this trademark are therefore expressly reserved.
Unless stated otherwise, all other trademarks appearing within the system shall be considered
intellectual property of their respective owners. GiftCardFan is the owner of copyrights
concerning the selection, coordination, posting and improvement of such content, as well as the
rights associated with the original content.
Copying, distribution, transmission, publishing, reproduction, alteration, revision, transfer, linking, deep linking, creation of derivatives or changing these web pages in some other manner which is not expressly allowed under these Terms & Conditions without GiftCardFan's explicit written consent shall be strictly forbidden! Any violation of these Terms & Conditions that may result in infringement on copyright, trademark right or any other type of intellectual property right may lead to instigation of civil, commercial and/or criminal and/or minor offence proceedings against the breaching party. GiftCardFan allows its users to use the downloaded material and publish the same in newspapers, magazines and electronic media exclusively for promotional, editorial and informative purposes.
The initial completeness of the transmitted content must be retained. Changing of the original meaning and completeness of the original content (by shortening of texts for editing purposes or providing free interpretation of the original content) shall not be allowed for the purpose of avoiding possible misunderstandings with regards to proving the origin of a particular piece of information or establishing the (non)acceptable degree of free interpretation of content.
The photographs and video material used for tutorial purposes must include an indication which confirms GiftCardFan as the source.
The User agrees not to post, publish or in any other manner make any material subject to copyright, trademark right or any other intellectual property right available on these web pages without the explicit consent of the owner of the relevant right. The User shall be solely and exclusively responsible for the damage that may arise due to violations of copyrights, unauthorized use of trademarks or infringement on other intellectual property rights or any other problems that may arise in connection with the publishing of such material. GiftCardFan shall not assume the obligation to inform the User or help him/her establish whether certain material is subject to copyright or not.
By posting material on any of the publicly available parts of these web pages, the User represents and warrants under criminal and substantive liability that he/she is the owner of the rights over such material and expressly grants GiftCardFan a royalty-free, perpetual, irrevocable and non-exclusive right to use, publish, copy, reproduce, modify, adjust, translate and/or distribute such material (in part or in full) in the entire world without any time limitations. The User also grants other Users the right to access, browse, save or reproduce such material for their own use.
The Terms & Conditions specified in this Chapter shall equally apply to GiftCardFan, its subsidiaries, affiliated companies and third-party service providers and licensed companies, and each of them shall have the right to directly and in their own name enforce these Terms & Conditions.
4) User Conduct and Obligations
The Website currently contained within this domain is private property of GiftCardFan. All
mutual interaction that is carried out via this website must be in accordance with the Terms &
Conditions and the user is obligated to carry out all activities related to the use of this
Website in accordance with all applicable legal regulations of France.
It is forbidden to publish, use, transmit, send or exchange any material or content that infringes on or compromises privacy, vulgar content or content considered undesirable in normal communication for some other reason, content that compromises and/or violates the rights of others, particularly such material or content that is by its nature illegal, compromising, offensive, derogatory, in violation of the valid legal regulations of France and especially illegal, false or untrue, misleading, offensive, derogatory, vulgar, obscene, threatening, disturbing, racist or chauvinist content, content that violates the intellectual property rights of third parties, content through which personal information is disclosed in an unauthorized manner or which violates the right to personality of third persons or other users, and other inappropriate content, as well as content that may cause damage to GiftCardFan and its affiliated companies, other users or third parties, including, among other, content soliciting others to engage in criminal conduct entailing civic liability or in some other manner violates any regulation.
The User is forbidden to carry out activities which have the purpose of rendering the Website defective, useless, overloading the Website or to hinder, complicate or delay its use or operation. The User is also forbidden to use the Website for fraudulent purposes, or to engage in any conduct which may damage or negatively affect the image, interests or rights of GiftCardFan or any third parties.
When using this Website, the User shall not post or send to or from this Website any material: For which the User has not obtained all necessary consents; that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in France; which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data. GiftCardFan will fully co-operate with any law enforcement authorities or court order requiring GiftCardFan to disclose the identity or other details of any person posting material to this website in breach of the Paragraph.
Credit cards and debit cards accepted: Visa and MasterCard. GiftCardFan accepts debit and credit cards: MasterCard and Visa. Data transfer is secured by using SSL (Secure Socket Layer) protocol with 256 bit instant SSL pro data encryption, provided by SSL certificate issued by GoDaddy. GiftCardFan requests an authorization, which holds the funds for the full purchase amount for maximum of 25 days. As GiftCardFan processes the Client order, authorized funds will be unavailable and may display as “pending” on the credit or debit card’s online statement. When using a debit card (Maestro, Visa Electron), funds are immediately reserved in the Client’s bank account at the time the Client places the order. All vouchers are digital products.
6) Shipping and Delivery Policy
All vouchers are digital and will be delivered, free of charge, both on screen after the purchase and in a separate email with the voucher code. The voucher code together with the receipt will be sent by email to the e-mail address entered by the Client during the purchase.
7) Cancellation and Refund Policy
The Client has a statutory right to withdraw from the agreement of the purchasing of the voucher within 14 calendar days from the date of receiving the confirmation by e-mail (referred to as ‘Withdrawing from the agreement of the purchasing of the Voucher’). Nevertheless, redeeming the Voucher within the period of its validity, in which the Client has the statutory right to withdraw from the agreement of the purchasing of the Voucher, the Client clearly determines the time of delivery of the services and the Client confirms that the Client waives the right to withdraw from the agreement of the purchasing of the Voucher. After redeeming the Voucher the Client is not entitled to reimbursement (in full or in part). To avoid any doubt, this clause refers also to all offers with simultaneous submitting an order.
The right of withdrawing from the agreement of the purchasing of the Voucher should be carried out as follows: by telephone to Customer Service at: +1 855 459 4517, by sending an e-mail to: firstname.lastname@example.org, or by sending a letter to HI-COMM s.a.r.l 229 Boulevard Pereire, 75017 Paris, France. If the Client withdraws from the agreement of the purchasing of the Voucher, according to paragraph 7, GiftCardFan shall reimburse all payments related to the purchase within 14 calendar days from the date of notifying GiftCardFan about withdrawing from the agreement.
Any reimbursements shall be carried out by GiftCardFan through the initial method of payment. If the initial method of payment has been cancelled, please inform Customer Service about this fact. If the Client does not submit an appropriate declaration, and the reimbursement has been carried out via the initial method of payment, then the Client will have to contact the initial payment provider or a supplier of the payment service to arrange the possibility of reimbursement. GiftCardFan does not carry out more than one reimbursement of money.
8) Complaint Policy
If the Client wishes to file a complaint regarding a purchase on giftcardfan.com the Client may file such complaint within 14 calendar days from the time of purchase at email@example.com or by calling Customer Service at: +1 855 459 4517. When doing so the customer shall present the purchase receipt from giftcardfan.com and all transaction information regarding the purchase. giftcardfan.com only takes responsibility for the electronic delivery of the voucher and that the value of the voucher entails the value purchased for at giftcardfan.com. Any other concern that might occur from using the voucher such as not being satisfied with the goods or services bought with the voucher or as described on the merchant’s website, is strictly between the merchant providing the goods and services and the Client. giftcardfan.com shall take full responsibility for Vouchers that for technical reasons may not be used, if it is brought to giftcardfan.com’s attention within 14 calendar from the time of purchase of said voucher at giftcardfan.com. giftcardfan.com shall in this case fully refund the customer.
9) Site uptime
GiftCardFan takes all reasonable steps to ensure that this Website is available 24 hours per
365 days per year. However, GiftCardFan informs the User that temporary service
occur due to necessary maintenance works, force majeure, third parties' disturbances, system
failure, maintenance or repairs which cannot be controlled by GiftCardFan.
will not be liable if this website is unavailable at any time.
Where possible GiftCardFan will try to give GiftCardFan’s visitors advance warning of maintenance issues but shall not be obliged to do so.
10) Warranty Statement and Disclaimer
GiftCardFan takes all reasonable steps to ensure that the information on this Website is correct. However, GiftCardFan does not guarantee the veracity, accuracy or legality of the content of the Website. GiftCardFan may modify or shut down the Website at any time, to delete contents of the Website or to modify them in any other way, and without notice. The material on this Website may be out of date, or on rare occasions incorrect and GiftCardFan makes no commitment to ensure that such material is correct or up to date.
The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, GiftCardFan provides access and use of this website on the basis that GiftCardFan excludes all representations, warranties and conditions which but for these Terms & Conditions may have effect in relation to this Website.
The User expressly agrees to use these web pages on their own responsibility. GiftCardFan, its subsidiaries, parent companies or any of their employees, agents, third-party service providers or licensed companies do not warrant that the use of this Website will not be discontinued or that it will be error-free; and shall not assume liability for (i) any consequences arising from the use of this web page or (ii) the accuracy, reliability or content of any information, service or good provided via this web page.
This Disclaimer shall refer to all direct or indirect damage or possible injuries caused by any poor character trait, error, omission, interruption, deletion, defect or delay in operation or transmission, computer virus, communication disruption, theft, destruction or unauthorized access, alteration or unauthorized use of records, termination of agreement, inappropriate behaviour, neglect or any other act. The User expressly confirms that GiftCardFan shall not be held liable for offensive, inappropriate or illegal behaviour of other users or third parties and that the User shall be fully liable for the risk of potential damage.
In no event shall GiftCardFan or any other natural or legal person involved in the creation, production or distribution of these web pages, the related content or any software be held liable for any damage that may arise from using or the impossibility of using these web pages. The User expressly confirms that the Terms & Conditions specified in this chapter refer to the entire content of these web pages. In addition to the above-mentioned Terms & Conditions, GiftCardFan, HI-COMM s.a.r.l, its subsidiaries, information providers or partners that are responsible for content maintenance shall not be liable, regardless of the cause or duration, for any error, inaccuracy or other deficiency, inappropriateness or non-originality of information contained in these web pages, or for any delay or disruption in the transmission of information to the User, as well as any claims or losses that may arise from the same. None of the above-mentioned parties shall be liable for any claims or losses of third parties, including the lost profits.
GiftCardFan shall not be liable for any content the user or unauthorized user may post on these web pages. Any posted content which is or may be considered inappropriate may at any time be removed by GiftCardFan. GiftCardFan reserves the right to change, adjust, modify, delete or remove any content it deems inappropriate. GiftCardFan shall not be liable to anyone for any direct, indirect, special or consequential damage arising from the use of these or other web pages, including without limitation the loss of profits, disruption in operation, loss of program or other data on the User data processing systems and others, even if GiftCardFan are notified about such damage in writing.
GiftCardFan intends to use the names, logotypes, symbols, trademarks and other protected content appearing on GiftCardFan’s website exclusively in areas for which it is authorized on the basis of trademark registration, license or in some other manner. For the avoidance of doubt, GiftCardFan hereby represents and warrants that the company shall not use the names, logotypes, symbols, trademarks or any other protected content in areas for which it is not authorized, as well as that the company shall not deliver or offer products and/or services containing such protected content in such areas. The use of the protected content on GiftCardFan’s website is in violation of the provisions of these Terms & Conditions and unauthorized use of the same is strictly forbidden.
GiftCardFan is not responsible for any external links in the Website to any third parties'
websites, and the existence of any such links in the Website does not imply that GiftCardFan
guarantees, promotes or in any other way recommends the referred third parties' websites.
third parties' websites to which the User may access through the Website.
It is forbidden to create links to the Website, unless the link has previously been authorized by GiftCardFan. However, the authorization which GiftCardFan may give to third parties' websites to include links to the Website will not imply approval or promotion by GiftCardFan of such websites. Therefore, GiftCardFan will not be responsible for the content or services of third parties' websites which include links to the Website, and will not be liable for any damage that said content or service may cause. Authorized links can only direct to the home page of the Website, and cannot consist of frames that allow the Website to be viewed on third parties’ websites or show any contents on the Website as well as the information on other websites.
Third parties’ websites on which the link may appear must not contain any misrepresentation, or inaccurate, false or incorrect information about the Website, GiftCardFan or any of the persons or entities related to GiftCardFan, and must comply with the Law. The content of such third parties' websites must be legal and appropriate in respect of the services provided by GiftCardFan, and could not lead the User to think that GiftCardFan agrees with such content.
If the User chooses to link to GiftCardFan’s website in breach of the above the User shall fully indemnify GiftCardFan for any loss or damage suffered as a result of the User’s actions.
12) Exclusion of liability
Neither GiftCardFan nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liable or responsible for any kind of loss or damage that may result to the User or a third party as a result of the User or their use of GiftCardFan’s website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.
The User agrees to indemnify and hold GiftCardFan, its subsidiaries, responsible persons, employees and agents harmless with regards to all damage and cost compensation claims, including the cost of legal representation which may arise from the use of the Website by the User.
GiftCardFan shall have the right but not the obligation to control the content contained in these web pages at any moment, including any chat rooms and forums that could be contained as part of these web pages, in order to ensure compliance with these Terms & Conditions, as well as any other rules prescribed by GiftCardFan or any other applicable law, regulation or some other act. Without prejudice to the afore-mentioned, GiftCardFan reserves the right to remove any material which is, in its sole discretion, in violation of the rules defined herein or if it establishes that particular material is of a questionable nature for some other reason. GiftCardFan shall not be required to respond to interactive content. GiftCardFan shall assume no liability for the accuracy of information it provides. The receivers of information shall use such information on their own responsibility. GiftCardFan provides no assurances that any reported problems shall be resolved by using the information provided by GiftCardFan. Delivery of information by GiftCardFan shall not entail granting of any copyright or patent licenses, or licenses for other types of intellectual property rights.
The User confirms that all comments, private messages, forums, chat rooms and/or other methods for sending messages or engaging in mutual communication (hereinafter referred to as: Communities) are of a public not private nature and that the employees of GiftCardFan may therefore control the communication between the Users without their knowledge or express permission. GiftCardFan shall not control and/or authorize such content, messages or information that can be found in any of the Communities and GiftCardFan shall not be liable for any actions arising from the User’s participation in any of the Communities, including the liability for possible disputable content.
16) Data Confidentiality
GiftCardFan does not wish to receive any confidential or ownership-related information from the Users via GiftCardFan’s website. Any information or material sent to GiftCardFan shall be considered NON- CONFIDENTIAL. By sending any kind of information or material to GiftCardFan, the User grants GiftCardFan an unlimited and irrevocable license to use, copy, present, activate, modify, transmit and distribute such material or information, and agrees that GiftCardFan may freely use any ideas, concepts, knowledge or technique for any purpose. However, GiftCardFan shall not publish the name of the User or in some other manner publicize the fact that a particular User has submitted certain material or other information to the company unless GiftCardFan: (a) obtains the User’s permission to use his/her name; (b) sends prior notification to the User informing him/her that the material or some other information submitted to a specific part of the web page shall be published or in some other manner used together with the name of the User; or (c) is required to do so by law. Any type of communication submitted by the User shall be deemed non-confidential. If the web pages allow publishing of communications that GiftCardFan shall treat as confidential, this shall be mentioned in the web pages. By publishing comments, messages or other information on the web pages, the User grants GiftCardFan the right to use such comments, messages or information for the purpose of promotion, advertising, market research or any other legal purpose. The material sent or made available via these web pages is not and shall not be considered a trade secret, secret or confidential. By providing material via GiftCardFan’s website, the User authorizes GiftCardFan and/or its affiliated companies to use such material unlimitedly for any purpose, including copying, transmission, publishing, broadcasting or some other use, without the obligation of paying any fees.
17) Third-party Content
GiftCardFan, as well as other Internet Service Providers (ISP), is a distributor (and not publisher) of the content provided by third parties and Users. Any opinions, advice, statements, services, offers, other information or content posted by third parties, including public information providers or any Users, originate from particular authors or distributors and not from GiftCardFan. Neither GiftCardFan nor any third-party information providers shall guarantee the accuracy, completeness or usefulness of any content, its sales potential or adequacy for any specific use. GiftCardFan shall not authorize any information available on the web page that represents an opinion or rating of a particular information provider, User or some other user who is not in a contractual relationship with GiftCardFan and shall therefore not be liable for the accuracy or reliability of any opinion, advice or statement published on the web pages by a person who is not an authorized employee of GiftCardFan or who is not acting according to his/her official duty. Under no condition shall GiftCardFan assume liability for any loss or damage arising from the fact that the User relied on the information obtained through this web page. It shall be the sole responsibility of the User to assess the accuracy, completeness or usefulness of any information, opinion, view, advice or any other content available through this web page. The Website may contain links to third-party websites maintained by other service providers. These links have been provided solely for practical purposes and not as GiftCardFan’s confirmation of the content contained in such third-party websites and GiftCardFan expressly denies any connection with the content or accuracy of the material contained in third-party websites.
18) Governing jurisdiction
This Legal Notice shall be governed by and construed in accordance with the governing law of France and therefore, no representations or warranties are granted as to the compliance of the content of the Website or the services offered through it with the laws of any other country or jurisdiction. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of France .
19) Dispute Resolution
All matters which are not regulated under these Terms & Conditions shall be subject to the Civil Obligations Act. The parties shall attempt to settle all disputes arising out of these Terms & Conditions amicably. All disputes or claims that may arise from using this web page, in connection with these Terms & Conditions or the enforcement of the same shall be settled before the competent court in France in accordance with the substantive governing law of France .
20) Identification of the entity which owns the Website
The Website is owned by: HI-COMM s.a.r.l 229 Boulevard Pereire, 75017 Paris, France
21) Validity Period of the Terms & Conditions
These Terms & Conditions shall become effective on July 01, 2019 and shall continue to apply until revoked by GiftCardFan.