TERMS AND CONDITIONS OF CLUTCH GIFT CARD PROGRAM
(Updated June 10, 2014)



Description of Services

Clutch, LLC, a limited liability company organized under the laws of the State of Delaware (“Clutch”), partners with Merchants (“Merchants”) to offer consumers the opportunity to purchase Merchant-branded gift cards through a link on the Merchant’s website to a dedicated Merchant-branded landing page on Clutch’s Gift Card Program online website. After purchase, Clutch physically delivers the Gift Card to the designated recipient by U.S. mail (“Physical Cards”) (if the Gift Card is a physical card) or via email if the Gift Card is electronic (“E-Gift Cards”), all as designated by the consumer in the order. Your use or purchase of a Physical Card or an E-Gift Card (collectively, the “Gift Cards”) indicates your acceptance of these terms and conditions applicable to all Gift Cards. Clutch may, from time to time, change these Terms and Conditions and you agree that any such changes or modifications shall apply to you and to any Gift Cards you purchase.

In purchasing a Gift Card, consumers have the opportunity to select from among a variety of Merchant-branded gift card styles, and to select a Gift Card amount or denomination (up to $2,000.00 in value). Consumers may then add a standard greeting to the Gift Card recipient. Consumers purchasing an E-Gift Card also have the option to upload a digital photograph for inclusion on the E-Gift Card. Physical Cards are mailed to designated recipients with the customized greeting through the U.S. postal service within seven days of purchase. E-Gift Cards are sent via email with the purchaser’s customized greeting within one hour of purchase.

Costs and Fees

Clutch charges the following fees in connection with the purchase of a Gift Card:

Physical Gift Card E-Gift Card
Order Service Fee (paid by the
consumer purchasing the Gift
Card)
$4.95 (flat fee) $1.95 (flat fee)


Clutch does not charge any additional fees or charges for mailing Physical Cards. Clutch may change these fees and charges from time to time and you agree to abide by any changes or modifications to the Gift Card Program upon receipt of written notice of these changes from Clutch.

Secure, Fast Payment

Clutch processes all customer payments securely using a premier third-party processor. Merchants get paid via ACH credit to their designated bank account within 48 hours of purchase. Clutch remits to the Merchants the face value of the Gift Card purchased by the Consumer, less the amount of the credit card processing and service fee (the “Processing Fee”). If the Merchant is a franchisor, then Clutch also reconciles the purchase, payment and use of Gift Cards online or at participating Merchant retail locations (including franchisee locations). If a Gift Card is used to purchase products or services at a franchisee location, the franchisee will ultimately be charged and will pay the Processing Fee, through a monthly reconciliation by Clutch of the Merchant’s Gift Card Program in which the franchisor and the franchisees credits and debits are reconciled. Franchisors do not need to employ any additional reconciliation procedures to be paid for any Processing Fees properly charged to the franchisees.
Merchant Support
Clutch provides support to participating Merchants Monday through Friday from 8:00 a.m. to 7:00 p.m. (Eastern Time) Clutch also offers participating Merchants emergency support services at no additional charge 24 hours a day, 7 days each week.

Merchants can contact us online at our Client Support Center. Clutch is available to assist participating Merchants with any questions or issues relating to the Gift Card Program, but Clutch does not have access to information relating to the payment processing side of a Gift Card transaction. Clutch will refer Merchants to the Merchant’s internal support, or to the consumer purchasing a Gift Card to resolve any issues related to processing the payment for Gift Cards.
Delivery
Orders placed for Physical Cards are submitted for printing and mailing within seven business days of the order placement by the consumer. All orders are printed, addressed, stamped and delivered to a U.S. Postal Service facility, for further delivery to the recipient designated by the consumer.

E-Gift Cards are delivered via email to the designated recipient’s email address within [one hour] of order placement (or on the scheduled delivery date, if the purchaser specifies a delivery date other than the date of purchase). Clutch is not responsible for any misdirected or undeliverable Gift Cards as a result of incorrect recipient information, email addresses or delivery information, or if the email account designated for delivery is de-activated, disabled, full, rejects the email or is no longer in use.

Physical Gift Cards are activated for use prior to mailing and E-Gift Cards are activated prior to the email sent to the designated recipient. As such, all Gift Cards are active and may be used by the recipient immediately upon receipt. Gift Cards are stored value cards and are not specifically linked to or identified with any particular individual. Risk of loss of and title for Gift Cards passes to the consumer immediately upon electronic transmission of the E-Gift Card or Clutch’s delivery of the Physical Card to a carrier for further delivery to the recipient. Clutch is not responsible for loss or theft of any Gift Cards, the destruction or mutilation of any Gift Cards, or the use of any Gift Cards by any unintended recipient. Clutch is not responsible for any loss or destruction of a Gift Card as a result of the error of the consumer purchasing the Gift Card. Clutch also is not responsible for and is not able to correct any spelling, grammar, text, placement of photographs, fonts, sizing of text or other inaccuracy once an order is placed. Once placed, orders for Gift Cards may not be cancelled or exchanged.


Terms and Conditions of Gift Cards

Participating Merchants in Clutch’s Gift Card Program agree that Gift Cards may be used to purchase products and services at any participating Merchant location nationwide or globally, or online at the participating Merchant’s website. Gift Cards may not be used to purchase Gift Cards. Gift Cards are not redeemable for cash, except to the limited extent required by law. Gift Cards may not be reloaded with additional funds. Each Gift Card is limited in amount to $2,000. Purchases by a single purchaser of all Gift Cards are limited to an aggregate of $10,000 in stored value, calculated on a daily basis.

Orders include the Processing Fee and other service fees payable to Clutch, which fees are non-refundable. You agree that Gift Card balances will not be charged or subject to any maintenance, dormancy of service fees after purchase. Gift Cards do not have an expiration date. You agree that Clutch is not obligated to redeem or honor any Gift Card if the number is invalid or cannot be identified or verified via the Clutch platform. We have the right to not accept any Gift Card if it has been fraudulently obtained or has been reported as stolen.

As the Merchant, you are the issuer of the Gift Cards in your program. You agree to comply with all applicable laws and regulations governing the issuance, redemption and maintenance of stored value cards that are applicable to your issuance of Gift Cards, including state escheat laws.


Refunds

On behalf of yourself and purchasers of Gift Cards that you issue, you acknowledge and agree that all order processing fees (“Order Fees”) and Processing Fees are non-refundable in any circumstances once an order for a Gift Card is placed. You agree that you will honor a consumer request for a refund of the stored value or balance of Merchant Gift Cards purchased through the Program in the following circumstances:
  1. Requests for refunds must be initiated within 30 days from the date on which the order for the related Gift Card was placed. Any refund request following the 30-day refund period will be denied by Clutch and by the Merchant.


  2. Refunds may only be requested prior to the use of the Gift Card, in whole or in part. Once a Gift Card is used to make a purchase, any refund request will be denied, even if there is still a balance on the Gift Card.


  3. Refunds may be requested by the Gift Card purchaser or recipient by sending an email request to: asksupport@clutch.com. Each refund request (each, a “Refund Request”) must include the following information:


    1. The name of the Gift Card purchaser;


    2. The date of purchase;


    3. The name of the Merchant;


    4. The order number, if any;


    5. The name and address (which may be an email address) of the recipient; and


    6. Contact information for the purchaser, including email address and contact phone number.


  4. Upon receipt of a Refund Request, Clutch will promptly verify that the Gift Card has not been used. Gift Cards that have been used in whole or in part are not eligible for a full or partial refund.


  5. Upon receipt of a Gift Card Refund Request, and verification that the Gift Card to which the Refund Request relates is eligible for a refund, Clutch will make a determination regarding the Gift Card and will take one of the following actions:


    1. Deny a Refund Request and send the consumer an email that details why the refund request is denied; or


    2. Approve a refund and send the consumer an email that details the amount of the refund.


  6. Any refund amount that is approved will be credited to the original credit card used to purchase the Gift Card. All refunds will be made within 60 days of the date on which the Refund Request was received.


  7. If for any reason a refund cannot be credited to the original credit card, Clutch will issue to the purchaser a check for the amount of the refund approved, less a $25 check writing and processing fee. The check will be processed and mailed to the consumer within 60 days of the Refund Request at the address specified by the consumer in its Refund Request.
Warranties Disclaimed by Clutch

Clutch takes no responsibility for any claims or warranties that Merchant may make to consumers regarding its participation in the Gift Card Program or with respect to any Gift Cards. Merchants are solely responsible for any claims and warranties that the Merchant may make to the consumers. Clutch expressly disclaims any warranties or responsibility for any claims relative to the Gift Card Program, except to the extent made in writing by an authorized Clutch representative in a binding agreement with the Merchant. Clutch expressly disclaims any warranties to or any responsibility for claims made by any consumer purchasing or seeking to purchase Gift Cards from Merchant through the Gift Card Program. In furtherance and not in limitation of the foregoing, Clutch is not responsible for the specific content of any Gift Cards, for any photographs, images, marks or logos included in any Gift Card design by the consumer or by the Merchant. Consumers utilizing the Clutch website to purchase Gift Cards expressly agree to comply with all applicable laws and regulations including without limitation, Federal, State and local laws and regulations governing intellectual property, commerce and postal regulations. Clutch expressly reserves the right to cancel or modify any Gift Card order that is not fully in compliance with these Terms and Conditions, and Merchant acknowledges and agrees that Clutch shall have no liability for or relating to any such cancelled or modified Gift Card order.

CLUTCH MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, THE SOLE REMEDY, AND CLUTCH’S SOLE LIABILITY, WILL BE THE REPLACEMENT OF SUCH THE CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.