Giibox Terms and Conditions of Use
Last updated May 8, 2017
CONSUMER FRAUD AND SCAMS ALERT: DO NOT SEND MONEY OR PERSONAL INFORMATION TO PERSONS UNKNOWN TO YOU THAT USUALLY COME FROM UNSOLICITED TEXT ALERTS, E-MAILS, ONLINE CHATROOMS, AUCTIONS, BLOGS, NEWSPAPER, MAIL OR TELEPHONE OFFERS. If for any reason, you believe your Username or password has been used by someone without your permission, lost or stolen, you must notify us immediately.
Please read these Terms and Conditions of Use carefully before you continue accessing the website or download, install or use the Giibox mobile Application hereafter known as “App”. By downloading, installing or using the App, you indicate that you accept these Terms and Conditions of Use and that you agree to abide by them. Your download, installation or use of the App constitutes your acceptance of these Terms and Conditions of Use which takes effect on the date on which you download, install or use the App. If you do not agree with these Terms and Conditions of Use, you must immediately cease downloading, installing or using the App.
GIIBOX INC – a Delaware company, and its affiliates including GIIBOX.COM, GIIBOX, GTOKES, thereafter refer to as “We”, “US”, “OUR” in this Terms and Conditions of Use, own and operates the mobile application on our own behalf, to provide a service that allow users to buy, send and share prepaid virtual tokens called prepaid Giibox tokens or Gtokes that can be redeemed for equal value prepaid products and services in our network or partner networks.
Those who use our service, hereafter referred to as “User”, “Users”, "you" and "your" include anyone who access, download, install or use its mobile App or website.
You agree that the use of the App does not include the provision of a mobile device, Tablet or other necessary equipment to access it, including internet connectivity, service plans or other telecommunication services. You agree to hold us blameless for any liabilities and charges from your service provider, or other telecommunication costs you may incur from using the application.
Accounts. By opening an account with us, you agree to receive by mobile phone and email, or other electronic medium, SMS notifications of prepaid Giibox virtual tokens (hereafter known as “Giibox tokens” or Gtokes), e-gift card codes, eGift cards, airtime credits or utility credits from telecommunication networks, participating utility companies, Pay-TV, and other partners, that may be purchased and sent to you by friends, family members, commercial companies, non-Governmental organizations, movie celebrities, musicians, athletes and other persons, agencies or firms that may be engaged in marketing and promotional gifting of airtime, utility credits or other prepaid products and services.
When you buy and send Gtokes to anyone or group that may or may not have an account with us, you agree to hold us blameless for all actions or inactions, including unlawful activity that may result from the use, consumption, loss, or misuse of the Gtokes that you send. You can find additional information on Gtokes purchase and use at our GET HELP > SUPPORT > Common Questions and Answers section on our website.
We reserve all rights to make corrections, adjust, withdraw or cancel the prices and values of certain products or services that may have incorrect prices or values that may be in error in operating the service in Mobile application or websites, without notice to you.
Abuse and Termination. We reserve all rights to immediately suspend or terminate your account without notice to you in the event of infractions, fraud, abuse of the mobile App or website that we deem may bring harm to the operation of the service, or a violation of this Terms and Conditions of Use. When you register to open an account, you agree to only create and/or share content that is owned by you and not to infringe on the trademarks or copyrighted materials owned by others.
Transferability: You agree that Giibox accounts are non-transferable and remains our exclusive property and its service is offered to you for use in agreement with Terms and Conditions of Use. You agree not to transfer, share or distribute any or all of the account in any manner or form with anyone. We reserve all rights to terminate any account found to be violation of our terms and conditions of use including non-transferability.
Federal and State laws provide for severe penalties and criminal prosecutions for fraudulent financial transactions and identity theft. You must be 18 years or older unless otherwise permitted by the legal jurisdiction in your province, or possess legal parental/guardians consent to enter into the agreement set forth in this Terms and Conditions of Use. The use of false personal information including age is considered a violation of this Terms and Conditions of Use.
Changes to the Terms and Conditions of Use may occur from time to time and such changes will be posted on the mobile App or website to notify users. However, we reserve all rights to make such changes as we deem fit to any or all part of the service, including termination of service, or mobile App and website at any time, without notice to you. You agree to be solely responsible for reviewing any and all updates and changes to the Terms and Conditions of Use, as it may affect you to govern yourself accordingly.
Financial transaction. When you buy Gtokes, financial transactions are usually processed through In-App-Purchases provided by third parties such as Google Play or The App store-iTunes that may charge additional processing fees. You agree to be entirely responsible for these fees and hold us blameless. Please ensure you have also read and agree to their terms and conditions of use. In the event of other payments methods, processed using your credit card, debit card, bank account will be debited for the amount due including any local charges or taxes that may be charged by the destination country of the recipient of the Gtokes. You agree to pay and be responsible for any other additional exchange rates, taxes or services fees that may increase the final amount that may be debited or withdrawn from your credit card, debit card, bank account that we may have no control or may be charged by recipient’s destination country.
You agree to be entirely responsible for the availability of sufficient funds in your Google Play account, The App store iTunes account, credit card, debit card, bank account to complete your transactions. In the event that your financial institution charges overdraft fees, cash advance charges, chargeback, and associated fees, or other related charges, you agree to be entirely responsible for these fees and to hold us blameless. We endeavor to process transactions with immediacy once credit is received from your financial institution but processing delays beyond our control from networks may result in 72hrs or longer for credit to recipients for gift cards, airtime, utility credits, or other prepaid solutions and may be longer due to network outages and disruptions that occurs frequently, locally and are beyond our control. Suspected fraudulent transactions may result in considerable longer delays for resolutions or credit to recipient(s).
Your purchases will appear in your account statements as “Giibox”. You agree to use due diligence to ensure accuracy in your transactions to prevent issues of chargebacks and associated fees, as these will become your sole responsibility to reimburse us, in the event that an investigation resolves settlement in our favor. We report abuse of chargebacks to credit reporting agencies that may significantly affect your credit records.
Transaction fees. You agree to pay and consent to any or additional transaction or service fee that may be added to each transaction you make. This excludes third party charges that may be charged by our partners who also share profits from foreign exchange conversion transactions with us, including other negotiated commissions which we may receive from time to time.You agree that we are not a financial institution and cannot pay any interest on your unused Gtokes, or gift cards.
Fraud and Terrorism. You agree to exercise due diligence in making payments and to immediately report any incidence of fraud on your transactions to us and the proper authorities. You may not use this service to any manner or form to aid, support or fund any illegal activities including but not limited to money laundering, terrorism or child pornography. We will investigate and report fraudulent activities to the authorities for through investigation and prosecution.
Accurate information. It is your sole duty to provide us with accurate information when opening your account, entering contact list, verifying contacts details, and generally, when operating your account. You agree to hold us blameless for any damages or liabilities that may result from inaccurate information provided by you that may result in the credit of gift cards pin codes, eGift cards, airtime, utility credits, or other prepaid solutions credits to the wrong recipient/s. We cannot verify the owner of phone numbers or other account information of your contacts recipients and hence it is very important that you include only verified information in your contact list to prevent wrong delivery of gift cards, airtime, utility credits, or other prepaid solutions which are non-refundable once processed.
You agree to always treat Gtokes, eGift cards pin codes, Virtual eGift cards, and prepaid utility credits like cash. You agree to hold us blameless for any negligence from you that may result in losses of prepaid credits that can be extremely difficult to retrieve and may be lost forever. You agree not to give out or share your username, password or pins with anyone that may result in the compromise of your Giibox account.
Restrictions and availability. We retain the sole rights to refuse service to certain individuals, corporations or organizations especially but not limited to those included in prohibited lists issued by the US Government. Our service may not be available in certain regions, countries, or territories of the world, or may be restricted by international laws or conventions.
Information collected. The personal data about you which our mobile application or Website may collect includes: information collected when you register or update an online profile, which may include personal data such as your name and contact details; information collected when you submit your resume or application to us for consideration of employment; the content of electronic forms you submit via our mobile application or Website, requesting us to provide services or information, or take actions; information input or submitted to online facilities such as search tools and calculators; personalization preferences you select as you use our mobile application or Website; information submitted if you participate in an online survey or competition; and any messages or comments you submit to us via our mobile application or Website, which may include personal data such as name, email address, and telephone number.
You may browse some information-only areas of our mobile application or Website without providing any personal data, however, we may not be able to provide the full range of services through our mobile application or Website if we are not provided with the information outlined above. As is common with many e-commerce mobile application or Websites we may also collect aggregated information which tells us about visitors to our mobile application or Website but not the identity of those visitors. For example, we may collect information about the date, time and duration of visits and which pages of our mobile application or Website are most commonly accessed. This information is used by us to help to administer and improve the mobile application or Website.
Know your customer. US law mandates financial institutions to know their customers through proper identification to help in the fight against money laundering and terrorism funding. In the provision of our service, we may request personal identification information from you to help us confirm your identity. You also consent to and authorize us to verify your personal information as correct with other sources and against third parties databases that may help confirmed your ownership of the payment instruments.
Use of electronic communication. You agreement with this Terms and Conditions of Use through electronic media –“website” or mobile application etc., validates your acceptance that we may communicate service, agreements, transactions, amendments, emails, notifications, records, legal notices, disclosures and all other communication to you electronically and it shall be deem sufficient. You agree to report any suspicious or fraudulent "phishing" (fake) emails to us using our Contact Us form and make reasonable effort to protect your information and account from fraud by refusing to give out any information or respond to unsolicited "phishing" (fake) emails purporting from us. If you disagree with this, you must immediately cease use of the service.
DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES, SUPPLIERS, VENDORS, AND SERVICE PROVIDERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
Neither Giibox inc, Gtokes, Giibox, Giibox.com nor any of its employees shall be held liable for any improper or incorrect use of the information described and/or contained herein and assumes no responsibility for anyone's use of the information. In no event shall the Giibox inc, Gtokes, Giibox, Giibox.com or its employees be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement or substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this service, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action. Mobile application or Internet usage by children should be under the direct supervision of a parent or legal guardian.
Indemnification. You hereby agree to defend, indemnify and hold harmless Giibox inc, Gtokes, Giibox, Giibox.com and its affiliates, directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of this mobile application or website. We provide external links to third-party websites on our website as a convenience to you but we have no control over these websites. You agree to hold us blameless for accessing and use of such third-parties websites using the links provided.
General. These Terms and Conditions of Use and all information on this Mobile Application and its website are governed by and will be construed in accordance with the laws of the State of Delaware and of the United States of America. This agreement constitutes the entire agreement between the parties and supersedes all prior understandings or agreements relating to the subject matter of this agreement. To the extent any portion of these Terms and Conditions of Use is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified solely to the extent necessary to cause such portion to be enforceable, and these Terms and Conditions of Use, as modified, will remain in full force and effect. This sets forth the rights and obligations of the users and the Giibox.com in their entirety relating to the subject matter herein and will not be modified except in writing signed by both parties. Notwithstanding the foregoing, Giibox.com does not waive any of its rights under Delaware law with respect to sovereign immunity or protections under The Delaware Tort Claims Act.
Copyright or Trademark Infringement
We take copyright or Trademark infringement seriously and will act within a reasonable time of receiving such a report, to investigate and remove any infringing content from our site. Please send us your claim of infringement via email at email@example.com; with as much detailed information of the infringement including content description, date, time, site location of content etc., and we will investigate and act within a reasonable time to remove disputed content from our mobile App or website. We also encourage you to contact the User that may be infringing on your copyrighted or trademark content to cease further infringement or report to relevant authorities.
Our help center can usually resolve most of your questions. However, if you still need further assistance, do not hesitate to contact us.
Email. Customer@giiboxsupport.com We’ll do our best to respond within 24 hours
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Mail. 1395 Brickell Avenue, Suite 800, Miami, FL 33131