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Terms of Service

Other Terms and Policies

  1. Terms of Service

  2. Gift Card Service Terms

  3. Acceptable Use Policy

  4. Privacy Policy

  5. Data Processing Addendum (DPA)

Introduction

By signing up for a Wrapped (“App”) or any of the services (“Service(s)”) of Loud Labs Limited. ("Wrapped") you are agreeing to be bound by the following terms and conditions (“Terms of Service”). If we add new features to a current App, they shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time here at wrappedgiftcards.com/privacy. Wrapped reserves the right to update and change the Terms of Service at any time, without notice.

Section 1: Account Terms

  • You must abide by all of Terms of your connected Commerce platform.

  • You must be 18 years or older to use our Apps.

  • You may not use our Apps for any illegal or unauthorized purpose, nor may you, in the use of these Apps, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as New Zealand laws.

  • A breach or violation of any of the Account Terms as determined in the sole discretion of Wrapped will result in an immediate termination of your access to apps services.

Section 2: General Conditions

You must read, agree with, and accept all terms and conditions in these Terms of Service and the Privacy Policy before you may use Wrapped App.

  • Technical support is provided to all users and can be accessed by emailing our support team at support@wrappedgiftcards.com.

  • You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Apps, use of the Apps, or access to the Apps without the express written permission of Wrapped.

  • You shall not utilize domain names that use Wrapped or any Wrapped trademarks and/or variations and misspellings thereof without prior written approval from Wrapped.

  • Questions about the Terms of Service should be sent to legal@getwrapped.app.

Section 3: Wrapped Rights

  • We reserve the right to modify or terminate a Service for any reason, without notice at any time.

  • We reserve the right to refuse service to anyone for any lawful reason at any time.

  • We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

  • Verbal or written abuse of any kind (including threats of abuse or retribution) of any Wrapped customer, Wrapped employee, member, or officer can result in immediate account termination.

  • We reserve the right to provide our apps and services to your competitors and make no promise of exclusivity in any particular market segment.

Section 4: Limitation of Liability

  • You expressly acknowledge, understand and agree that Wrapped is not liable for any damages, losses or other claims arising or in any way occurring because of, or resulting from, your use of (or inability to use) Wrapped apps or Services, including, without limitation, direct and indirect damages, losses or other claims based on the negligence of Wrapped.

  • You expressly acknowledge, understand and agree that Wrapped is not liable for any special, incidental, consequential, exemplary or similar damages in any way occurring because of, or resulting from, your use of (or inability to use) Wrapped apps or Services, including, without limitation, damages for lost profits or business interruption and damages based on the negligence of Wrapped.

  • You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Wrapped partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

  • Your use of these Apps is at your sole risk. The Apps are provided on an “as is” and “as available” basis without any warranty or condition, express, implied, or statutory.

  • Wrapped does not warrant that apps or the service will be uninterrupted, timely, secure, or error-free.

  • Wrapped does not warrant that the results that may be obtained from the use of apps or the service will be accurate or reliable.

  • Wrapped does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Apps or services will meet your expectations, or that any errors in the Service will be corrected.

Section 5: Waiver and Complete Agreement

The failure of Wrapped to exercise or enforce any right or provision of these Terms of Service, from time to time, shall not constitute a waiver of Wrapped right to do so at any time. The Terms of Service constitutes the entire agreement between you and Wrapped regarding your use of Wrapped apps or Services. The Terms of Service cannot be modified by you without the consent of Wrapped. As set forth in these Terms of Service, the Terms of Service can be amended, modified or replaced by Wrapped at any time without your consent. At all times, the most current version of these Terms of Service will be in effect and each amended, modified or replacement Terms of Service supersede any prior Terms of Service.

Section 6: Intellectual Property and Customer Content

  • We do not claim any intellectual property rights over the material you provide to the Wrapped apps or service. All material you upload remains yours.

  • Subject to the exceptions in the Privacy Policy, we will use customer data to provide the App as permitted by this Agreement. Customer data refers to all electronic data or information via individuals or entities who interact with your online retail presence, that results from your use of the App, including non-public personal information and non-personally identifiable information. This data is collected for the purpose of enabling and optimizing the App for you. As between Wrapped and you, you, the Client exclusively owns all rights, title and interest in and to all customer data. Client, however, grants Wrapped a royalty-free, perpetual, irrevocable, non-exclusive license to access and analyze this data in order to provide or improve the provision of the App. Wrapped may aggregate non-personally identifiable data to use for any purpose, including selling the aggregated information to third parties.

  • You can remove your Wrapped app access or service at any time by cancelling your account. This may, but will not necessarily, remove all content you have stored in the Apps. If you wish the App data to be expunged, please send an email to support@wrappedgiftcards.com.

  • You retain ownership over all content that you submit to the Wrapped; however, by making your eCommerce store public, you agree to allow others to view your content.

Section 7: Payment of Fees

  • To access Wrapped Apps and services, users agree to accept charges and pay recurring charges through their Commerce account for the Apps and services, or via Stripe. Failure to accept these charges will result in removal of your access to Wrapped Apps and services.

  • The Apps and services will be billed in 30 day intervals. When your billing period is over, Wrapped users will be sent an invoice via email from either your Commerce platform or Stripe (depending on your billing provider). Depending on your billing provider, an invoice will either appear on the account page of your eCommerce admin console, or you will have access to your invoices via the Stripe billing portal. Users have 14 days to bring up and settle any issues with the billing.

  • Depending on the connected Commerce platform, billing and invoicing is conducted either via eCommerce platform via recurring app charges, or via Stripe using a payment card.

  • Depending on the connected Commerce platform, all billing terms and payment of fees are subject to eCommerce platforms Terms of Service, or Stripe, with respect to Payment of Fees.

Section 8: Cancellation and Termination

  • You may cancel your account at anytime by uninstalling the Apps from your Wrapped administrative panel and/or contacting our support team at support@wrappedgiftcards.com.

  • Once cancellation is confirmed, your Content may be deleted from the Apps or services. Since deletion of all data is final, please be sure that you do in fact want to cancel your account before doing so.

  • If you cancel access to the Apps in the middle of the month, you will be charged for the current month and have continued access to the Apps until the end of the current billing cycle.

  • We reserve the right to modify or terminate the Wrapped apps or service for any reason, without notice, at any time.

Section 9: Modifications to the Service and Prices

  • Prices for using Wrapped Apps and services are subject to change upon 30 days notice from Wrapped. Such notice may be provided at any time by posting the changes to the Wrapped Site, email, or the administration menu of your eCommerce store via an announcement.

  • Wrapped reserves the right at any time to time to modify or discontinue the Apps (or any part thereof) with or without notice.

  • Wrapped shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Apps or services.

Questions about our terms should be sent to support@wrappedgiftcards.com.

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