Dabble Gift Certificates enable a user to "gift" Dabble bucks to another user in the form of an email certificate containing an 8-digit code. The Agreement below details the terms and conditions set forth by Dabble in regard to Dabble Gift Certificates.
Gift Certificate Agreement – Terms and Conditions
Important Information for Gift Certificate Recipient
Section 1. General Information
This Agreement contains the terms and conditions of your gift certificate("certificate"), referred to hereafter collectively as the “Certificate”, which is issued by Dabble ("we", "us" or "our"). Please read this Agreement carefully and keep it for your records. By purchasing, accepting or using the Certificate, you agree to be bound by this Agreement. “You” and "your" means the person who has received the Certificate.
The Certificate is a payment Certificate that can be used to purchase goods and services at www.Dabble.co. The Certificate is not a credit Certificate, charge Certificate or bank debit Certificate and can only be used for the amount of funds purchased for the Certificate. The funds purchased for the Certificate are collected by Dabble and deposited with and held by us in a pooled account with funds associated with other Certificates. You will not be paid or earn interest on the amount of the Certificate. Except if there is a change to applicable law after the Certificate is issued, neither the Certificate nor Dabble Bucks associated with the Certificate are insured by the Federal Deposit Insurance Corporation.
The Certificate may be subject to deductions required by law, including deductions, if any, resulting from the escheat of Certificate funds under applicable state laws governing unclaimed property. You may not add any funds to the Certificate. Your ability to make purchases with the Certificate will end when the Certificate amount reaches zero.
Section 2. Types of Available Transactions and Limits on Transactions
Unclaimed Funds – Escheat. If our records show that you have not used the Certificate within a time period set by state law, the amount remaining on the Certificate may become unclaimed property subject to escheat under state unclaimed property laws. If the amount remaining on the Certificate becomes unclaimed property subject to a state unclaimed property law, we will be required to escheat the available balance to the state in an amount and at the time required by the state law. At that time, you will lose the ability to use the Certificate. If escheat occurs, you may inquire about the status of the Certificate funds by emailing hello@Dabble.co.
Legal Transactions. You agree that you will only use the Certificate for transactions that are legal. You agree that Dabble may decline transactions we believe may be illegal or in violation of the applicable network rules. You also agree that if we do not decline the transaction, we may charge the Certificate and we are not liable to you if you engage in an illegal transaction.
Limitations on Use. You agree that a purchase made by you may not be authorized or settled by us unless it complies with this Agreement. The Certificate may be canceled, repossessed, locked or revoked at any time without prior notice. You may not use the Certificate to purchase additional Gift Certificates.
Authorized Use of Certificate. If you authorize someone else to use the Certificate, you will be responsible for any transactions initiated by such person(s) with the Certificate even if you intended to limit that person’s use of the Certificate to a particular amount or particular time. You agree to safeguard the Certificate, and to report any suspected unauthorized use of the Certificate immediately by emailing email@example.com.
Section 3. Email Address to be Notified in Event of a Lost or Stolen Certificate
If you believe that the Certificate has been lost or stolen: email firstname.lastname@example.org. Subject to acceptable proof of Certificate ownership, we will make reasonable efforts to lock a lost or stolen Certificate from further use. If you notify us promptly of a lost or stolen Certificate and we are able to lock it from further use, you will not be liable for any further transactions associated with the lost or stolen Certificate.
You may request a replacement Certificate for a lost or stolen Certificate by emailing email@example.com. A replacement Certificate will not be issued unless you present adequate proof of purchase, the Certificate number, and your full identification. Requests to replace a Certificate may be denied by us or Dabble, in either’s discretion, in the event we or Dabble suspect fraudulent or unlawful activity or improper Certificate use. If the replacement is approved, a new Certificate will be issued and activated in the amount remaining on the Certificate, if any, at the time of the replacement. Replacements may take up to 30 days to process.
Section 4. Dabble's Liability; Limitation of Liability; Error Resolution Procedures
a. Dabble’s Liability
If we do not complete a transaction arising from the use of the Certificate on time or in the correct amount according to this Agreement, we may be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
i. if, through no fault of ours, the Certificate funds are insufficient for the transaction (for example, because there is a hold on your funds or your funds are subject to legal process);
ii. if a computer system was not working properly and you knew about the problem when you started the transaction;
iii. if circumstances beyond our control (such as fire, flood, terrorist attack or national emergency) prevent the transaction, despite reasonable precautions that we have taken;
iv. if any failure or malfunction is attributable to your equipment, to merchant equipment, or to any internet service or payment system;
v. If the Certificate has been reported as lost or stolen, if the Certificate has been suspended by us, or we have reason to believe the transaction is not authorized by you; or
vi. As otherwise provided in this Agreement.
b. Unauthorized Transactions or Errors
You agree to safeguard the Certificate against unauthorized use by taking all reasonable precautions. If you believe that someone has made an unauthorized transaction with the Certificate (or may attempt to use the Certificate without permission) or you believe an error has occurred with the Certificate, you agree to email us IMMEDIATELY at hello@Dabble.co and in no event later than thirty (30) days of the date of the transaction at issue. When you notify us, you must provide your name, Certificate number and other identifying details, and describe the error or transaction that you are unsure about. We cannot assist you if you do not have the Certificate number. In the event of actual or suspected unauthorized use, we will lock the Certificate, and if our records show that available funds remain on your Certificate, we will issue you a replacement Certificate loaded with the remaining value. We reserve the right to decline to issue you a replacement Certificate in accordance with applicable law. You agree to assist us in determining the facts relating to any possible unauthorized use or error associated with the Certificate, and to comply with the procedures we may require for our investigation. Following our investigation, if we determine that unauthorized use or an error has occurred with the Certificate, we will credit the Certificate in the amount of the unauthorized use or error. It may take up to thirty (30) days to process a request for a replacement, however, we will endeavor to provide you with a replacement Certificate on as timely a basis as is reasonable under the circumstances.
Section 5. Governing Law; Severability; Amendment
This Agreement will be governed by the laws and regulations of the United States and, to the extent not so covered, any contract issues shall be interpreted and enforced in accordance with the laws and regulations of the State of Illinois. A determination that any part of this Agreement is invalid or unenforceable will not affect the remainder of this Agreement. All provisions of this Agreement are void where expressly and to the extent prohibited by applicable law. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be eliminated or adjusted to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Unless prohibited by applicable law, we may amend or change this Agreement at any time. Dabble will notify you of any change in the manner required by applicable law; however, if the change is made for security purposes, we can implement such change without prior notice to the extent permitted pursuant to applicable law.
Section 6. Your Limited Right to Cancel
Purchasers of the gift Certificate can cancel the purchase up to 30 days post-sale if the Certificate has not been redeemed. Refunds will be issued to the credit or debit Certificate associated with the purchase. Information concerning this cancellation program may be obtained by emailing hello@Dabble.co.
Section 7. Termination of Program
Dabble has the right to terminate the Certificate program at any time. If we have terminated the program and the Certificate can no longer be used, a refund request for the remaining amount on the Certificate can be made to firstname.lastname@example.org. Requests for refunds may take up to 60 days to process. For inquiries concerning surrenders and redemptions, email email@example.com.
Section 8. Assignment
We may assign, without recourse, our duties and obligations as issuer of the Certificate to another entity.
Section 9. Form of E-Communications Disclosure
We suggest you read this document and print a copy for your reference.
Note: This E-Communication Disclosure (“Disclosure”) applies to any and all communications or disclosures that we are legally required to provide to you in writing in connection with your gift Certificate (“Certificate”), or in lieu of a Certificate, the virtual Gift Certificate, referred to hereafter collectively as the “Certificate” and any related products and services (“E-Communications”). This Disclosure supplements and is to be construed in accordance with the terms contained in the Certificate Agreement (“Agreement”) you received from Dabble. The words "we," "us," and "our" refer to Dabble, the issuer of your Certificate. The words "you" and "your" mean you, the individual(s) who has received the Certificate.
Scope of Communications to be Provided in Electronic Form
When you use the Certificate to which this Disclosure applies, you agree that we may provide you with any required communications or disclosures in electronic format, and that we may discontinue sending paper communications and disclosures to you, unless and until you withdraw your consent to E-Communications by sending us an email at firstname.lastname@example.org
Published Date: November 21, 2012.