Terms of Service
This is a binding legal contract that applies to anyone who visits the websites www.gigway.com or www.punchcard.com. (“Site”) and/or uses any of our products and services (“Services”). If you do not agree to all of these terms, please do not use the Site or the Services. By accessing the Site or using any Services, you are agreeing to be bound by thIS Agreement, as defined below.
1. Our Agreement.
In addition to these terms, your agreement with Gigway, Inc. (“Gigway”) also includes the specific additional terms that apply to any Services you use. Throughout the Site and in all of our documentation, whenever we refer to the “Agreement” we mean these terms and the applicable additional terms, including:
End User License Agreement: Use of our software product is subject to an End User License Agreement, located here.
2. Changes. We are constantly developing our Site and Services. This means that we may change or discontinue either or both without notice or liability to you. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the information accessible using the Services. Where appropriate, we will endeavor to update information accessed using the Services on a timely basis, but shall not be liable for any delay or inaccuracies related to such updates. In addition, we may change all or part of the Agreement at any time, including these terms. We may make changes by posting the changed terms on the Site. Your continued use of the Site and/or our Services will constitute acceptance of the changed terms.
3. Third Party Services and Links. Gigway may offer its Services through applications using other platforms (“Gigway Applications”), such as Facebook Connect and your mobile device. You agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, and/or profile information may be communicated to us via the Gigway Applications. Gigway may also enable access to third party information, services, content and web sites (collectively, "Third Party Services") via the Services, such as those of its merchant partners. You acknowledge and agree that Gigway is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, legality, decency, quality or any other aspect of such Third Party Services. you are responsible for compliance with all terms and all applicable laws with respect to such Third Party Services. Gigway disclaims any responsibility resulting from your viewing or using of any Third Party Services and You hereby waive any legal claim you might have against Gigway with respect to such Third Party Services. Without limiting the foregoing, for further clarity, Gigway does not control the content, services or product offerings of merchants whose Third Party Services are visible via Gigway Services.
4. Things You Cannot Do.
- Give false or misleading information to us or anyone else in connection with your use of the Site or the Services, including giving false information in your account registration. You are entirely responsible for all content that you upload, post or otherwise transmit via the Site.
- Do anything that smacks of bad online citizenship, such as use our Services for spam or attempt to reverse engineer or hack into our systems.
- Access or scrape the Site or the Services by any automated means unless you are a search engine crawling the Site for the sole purpose of creating a publicly accessible search index; or bypass any technical protections or throttling that we institute.
- Copy, modify, create derivative works from or distribute any content from the Site; or copy, display or use our trademarks in any way; or use the Site for any purpose not explicitly authorized in the Agreement.
- Link to the Site using any HTML techniques that display the Site within a frame, partial window, popup, pop-under, or any other non-standard linking method, or present or redistribute content from the Services, except as provided authorized by Gigway.
- Not use the Services for any revenue generating endeavor, commercial enterprise, or other purpose other than for personal, non-commercial use.
- Anything we ask you not to do.
5. Third Party Trademarks and Content Trademarks. Certain of the product and service names used in this Agreement and the Software or Services may constitute trademarks of Gigway or third parties. You are not authorized to use any such trademarks. All trademarks are the property of their respective owners.
6. Gigway's Rights. Gigway retains all right, title and interest in the Site and the Services, including all technology and processes, enhancements or modifications thereto, trademarks, service marks, site design, text, video, graphics, logos, images and icons, as well as the arrangement thereof. You agree that the Site and Services contain proprietary content, information and material that are protected by applicable intellectual property and other laws, including but not limited to copyright laws, and that you will not use such proprietary content, information, or materials in any way whatsoever except for permitted uses of the Services. Except for rights expressly granted in the Agreement, nothing grants you any right, title or license. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
7. Third Party Trademarks and Content. Use of any third party trademark or third party content on the Site does not constitute affiliation with or endorsement of these third parties. Nothing in the Agreement grants you any license to third party trademarks or content, which remain the property of their respective owners.
8. Indemnity, Disclaimers and Limits on Liability.
- You will indemnify, defend, and hold harmless Gigway, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) (“Liabilities”) incurred by any Covered Entity in any way arising out of or relating to the Site and the Services or any failure to comply with this Agreement. Gigway reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
- Gigway PROVIDES THIS SITE AND THE SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. Gigway SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SERVICES. Gigway MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR DOES Gigway MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THE SERVICES OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Gigway SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES AND COUNTRIES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
- We do not want to receive information that is confidential or proprietary. If you send us suggestions, content or ideas of any kind, including potential improvements to the Site and/or Services, we may use such suggestions, content and/or ideas for any or all purposes, with no compensation or attribution to you.
- This Agreement will not be construed against either party as the drafter.
- In the Agreement, the word “including” always means “including but not limited to” unless a particular sentence says otherwise.
- You are responsible for being informed about and complying with all laws, rules and regulations that apply to your use of the Site and the Services.
- As stated above, the Agreement includes the Terms and any additional terms you enter into. The Agreement is the entire agreement between you and Gigway and it replaces any other agreement between us on this subject. Aside from our right to make changes, any amendments to the Agreement must be in a writing signed by both parties.
- You cannot assign the Agreement without our written agreement. We can assign the agreement to any entity that agrees to be bound by the terms of the Agreement.
- The Agreement is governed by California law, excluding its choice of laws principles. The exclusive venue for any litigation arising from or related to the Site or Services shall be the courts of Los Angeles County, California, except for any optional arbitration as described next. Excluding claims for equitable relief, if the total amount in dispute is less than $5,000, either party may elect to resolve the claim through binding arbitration by initiating arbitration through an established provider that is agreed by the parties. The arbitration must be conducted under the following rules: (a) at the choice of the party seeking relief, the arbitration shall be conducted by telephone, online, or solely on written submissions; (b) no party or witness will make any personal appearance unless the parties agree otherwise; and (c) the winning party may have the arbitrator’s award entered as a judgment in any court of competent jurisdiction. Any claims (in court or in arbitration) must be brought in the initiating party’s individual capacity and not as a plaintiff or class member in any class action or other similar proceeding. This Agreement does not allow class of collective arbitrations even if the arbitration procedures or rules would. The arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
- If any part of the Agreement is invalid, illegal or unenforceable, that condition will not affect any other provision of the Agreement. A delay or failure to require performance of any provision will not constitute a waiver of any rights and will not impede the ability to enforce that provision later.
Gigway, Inc., 130 W. Union Street, Pasadena, CA 91103
December 20, 2011
- Volunteered: We collect and retain any information you enter on our Site or provide through our Services. If you set up an account or register with us, download an application, fill out a profile page, scan receipts to our application, send us an email, or otherwise provide us with personally identifiable information in any other way, we will collect and store the information you share. You do not have to share this information with us, but without it you may not be able to access certain content or features with respect to the Site or Services.
- Use of Social Media Applications. Gigway allows users to log in and access our Services through a third party social media application (i.e. Facebook Connect) and enables the Services to work in conjunction with other third party services, i.e. Four Square (each such third party service, a “Third Party App”). If you choose to log in through a Third Party App when you first register, you will first be asked to enter your credentials. Via the Third Party App, Gigway is given access to the publically available information in your account with such third party social media for use in connection with our Services. The Third Party App works within your privacy settings as the account holder and does not access data that is not authorized by your privacy settings with that Third Party App. Please refer to the privacy settings in your account to manage your public profile and other aspects of your account. Our Services do not retain passwords from the Third Party App. We collect and retain the information provided via the Third Party App to help us to understand who you are and to personalize offers.
- Contact Information: If you provide us with contact information, such as your name, postal addresses, email addresses, social media website user account name, cell phone number, or other address at which you receive communications from or on behalf of Gigway, such information allows us to communicate with you, such as in order to send you a prize, redemption, or other direct communication.
- Transaction Information: When you use the Services, we collect and retain the information about your shopping behavior (such as the scanned invoice information). We also collect and retain information about how you interact with Gigway and its merchants, including how you view, purchase, and redeem via the Services. We may also match this transaction information with other information we have to help us better understand you, personalize offers, and to otherwise enhance the Site or Services.
- Mobile Location Information: If you have activated the Services and permitted your device to transmit location data, we collect and retain information related to your mobile device location. Such information helps us and our merchant partners to understand users’ interests and preferences and allows us to provide user real-time deals nearby. Some functional use of the Services may be dependent on the data related to your geographic location and geopositional data. If the settings on your location-aware device allow us to receive location information, we will also associate location information with other personally identifiable information we have about you.
- SMS Text Capabilities: If you have registered, or activated the part of our Services that allows you to receive SMS/text based messages from us and merchants, we will collect and retain your mobile device phone number information. We may also match this transaction information with other information we have about you to help us better understand you, what promotions are working well, and to otherwise enhance the Services and offers provided by the Services.
- Credit Card Security: When merchants subscribe to our Services, the order process may request a credit card. Order information is encrypted when it is transmitted for credit card processing to Gigway (and its credit card services provider). Encryption is a process by which we use software to scramble information in transit. The Site is also registered with site identification authorities to enable your browser to confirm Gigway’s identity before any transmission is sent. The identity of our Site is automatically confirmed behind the scenes prior to the transmission of any credit card information requested to complete an online order. When confirming an order to you by email, we do not reveal the full credit card number. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.
- Publicly Posted Information: If you post information on public areas of the Site, such as our blog pages, that information may be collected, stored and used by anyone, including us.
- Automatic Collection: We use common internet technologies such as cookies and web beacons to keep track of users’ interactions with the Site and the Services. This may include information about your internet protocol (IP) address, the pages you requested, access times, type of device, mobile carrier or access provider, and physical location. We also make use of certain tracking technologies designed to provide us with analytics about user activities on the Site and with the Services.
HOW DO WE USE THE INFORMATION WE COLLECT
We use this information to provide a better experience with the Site and Services. It also helps our merchant partners provide the most attractive and most relevant offers. Among other things, the information we collect enables us to:
- Operate and improve our Site and Services;
- Provide you with the most useful offers and to personalize offers;
- Evaluate eligibility for certain offers, products or services;
- Contact and communicate with you, including to provide you with additional information we think is of interest to you;
- Track redemption and perform other analytics;
- Evaluate the types of offers, products or services that may be of interest to customers;
- Provide reporting for internal and external clients;
- Provide customer support, including to our merchants or business partners;
- Send you reminders, technical notices, updates, security alerts and support and administrative messages service bulletins, or marketing; and
WHEN DO WE SHARE OR DISCLOSE YOUR INFORMATION?
Anonymous Information. Anonymous information is information that does not identify you personally, like aggregate traffic and usage information.
- We may share anonymous information with others, such as our merchants, advertisers, sponsors and business partners, such as to provide them with reports that contain aggregated and statistical data.
- We make use of certain third party tracking technologies designed to enhance your browsing experience and provide analytics. These technologies provide aggregate reporting information about usage in connection with the Site and Services. No personally identifiable information is gathered for this process.
All Information (Both Anonymous and Personally Identifiable). Personal identifiable information is individually identifying information about an individual such as first and last name, a home or other physical address, an e-mail address, a device number, a photograph, or any other identifier that permits the physical or online contact of a specific individual.
We may also share information we have collected, including personally identifiable information, in the following circumstances:
- Your personally identifiable information may be shared with service providers which are helping us make the Site and Services available and functional, like technical agents, payment processing vendors, other subcontractors, and our affiliates and consultants. These intermediaries and data processors use your information in connection with performing the services for which we have engaged them, including, by way of example, to process payments for online purchases, to deliver e-mail to our users who have chosen to receive such communications, and to process data we received (including your scanned invoices). Our service providers are only allowed to use information in accordance with the terms of our service agreements with them. Some intermediaries and data processors may have the right to use aggregated, non-personally-identifiable information, for example, in order to improve the delivery or quality of their services. Some of these intermediaries and data processors may perform their functions from outside of the United States.
- We will share aggregated and anonymous information with our current and prospective merchants. We may also share personally identifiable information and transaction history with those merchants where you have made purchases (based on the transaction information you provide to us). We may also provide merchants with transaction information from the individuals who have purchased at that merchant, along with corresponding personally identifiable information in order to facilitate customized offers, to validate the purchases, to aid and troubleshoot redemption, to combat fraud, and to foster a better experience between merchants and customers.
- As in any transaction, if you provide your credit card information to us for purchases, your credit card company will be provided with all relevant information about us, item(s) purchased, cost and other information necessary to process the transaction.
- We may disclose your personally identifiable information if permitted or required by law or is necessary to comply with the law enforcement or in response to a search warrant, subpoena or other legal process or where we believe such action is necessary in order to protect or defend our interests or the interests of our users or business partners.
- We may share your personally identifiable information during due diligence or in preparation for or after a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation.
- If you give us permission, we may share your personally identifiable information with third parties who might send you marketing and promotional information.
- We will maintain information about you in our records until it is no longer needed for business, tax, and legal purposes.
CHILDREN UNDER 13
The Site is not intended for children under age 13, or for anyone under age 18 without involvement of a parent or guardian. We do not knowingly collect or distribute information from or about children under 13.
Information that Gigway collects is stored on servers that Gigway manages, using standard security procedures and practices appropriate to the nature of the information. Please be aware that no data transmission over the Internet can be guaranteed to be 100% secure. As a result, Gigway cannot guarantee or warrant the security of any information you transmit on or through the Site or Services and you do so at your own risk.
Our Site is visible to all but our Services are currently only available in the United States. If you are located outside of the United States, please be advised that Gigway processes and stores information in the United States and your use of our Site constitutes your consent to and understanding of such. However, all information may be transferred to and maintained on servers or databases located outside your state or country or to a jurisdiction where the privacy laws may not be as protective as those in your location.
Privacy Practices of Third Parties
CALIFORNIA PRIVACY RIGHTS
Or you can contact us by mail at: Gigway, Inc., 130 West Union Street, Pasadena, CA 91103
Updated: February 4, 2013