Common use of Gift Purchase Clause in Contracts

Gift Purchase. 1.1 A Merchant is an entity selling goods and/or services. Subject to the terms and conditions of this Agreement, a "Yiftee Affiliate" is an entity contracting with and approved by Yiftee to make Yiftee products available via the entity's website or other channel. Yiftee or a Yiftee Affiliate may feature Merchant's place of business generally on Yiftee's or affiliate's website, via the Yiftee Developer Interface (Yiftee API) and on any Yiftee mobile applications which may be developed or available (such website(s), Yiftee API and applications together, the "Services"), and allow Yiftee users (which users may, in certain circumstances, be Merchants, as further described in Section 4.5) ("Users") to "build a gift" by specifying a gift amount (up to a Yiftee- specified maximum) that they wish to purchase for themselves or other Yiftee Users ("Recipients"), to be redeemed for any products and services then-currently and publicly available at Merchant's place of business at the time of redemption ("General-use Gifts"). Yiftee or its affiliates, or purchasers (Purchasers) or Recipients of gifts may refer to their gifts and the merchants associated with these gifts on social media and Yiftee may deliver gift messaging via social media that may be viewed by an audience other than the specific recipient of the gift. Yiftee may also (but is under no obligation to) feature on the Services, at its discretion and subject to the terms and conditions of this Agreement, one (1) or more specific products or services available from Merchant ("Specific Gifts"), and allow Users to purchase such Specific Gifts for Recipients. These Specific Gifts are implemented as a voucher good for the value ascribed to the specific gift, but there is no enforcement mechanism to require the Recipient to utilize the voucher for that Specific Gift as the voucher is intended to be usable for the dollar amount specified on the voucher (up to the amount remaining on the voucher if the voucher has been used) for any item available at the Merchant. If a Specific Gift is defined, the Merchant is solely responsible for defining a price ascribed to said Specific Gift that is suitable to cover the cost of purchase of that gift along with any applicable taxes or fees. However, it is solely up to the Recipient to determine if the voucher is to be applied to the Specific Gift or to another item available for sale by the Merchant. Yiftee may make available to Merchant a Dashboard for accessing information about their Gifts and for managing aspects of their Yiftee account. Merchant is solely responsible for any and all access to their Dashboard and the actions of all users authorized to use their Yiftee account including the removal of users no longer authorized to use the account. Yiftee, at Merchant’s direction and with Yiftee’s approval which is given at Yiftee’s sole discretion, may also (but is under no obligation to), feature on the Services, at its discretion and subject to the terms and conditions of this Agreement, a gift without any cash value, but which can be used by Recipients at Merchant’s establishment in connection with the purchase or redemption of goods (a “zGift”). zGifts function like coupons; for example, a zGift may allow a Recipient to visit Merchant’s establishment and exchange the zGift for a particular product or service, or may provide a percentage discount based on the purchase of goods or services from Merchant. zGifts, Specific Gifts and General-use Gifts shall be referred to collectively as "Gifts."

Appears in 3 contracts

Samples: Yiftee Merchant Agreement, Yiftee Merchant Agreement, Yiftee Merchant Agreement

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Gift Purchase. 1.1 A Merchant is an entity selling goods and/or services. Subject to the terms and conditions of this Agreement, a "Yiftee Affiliate" is an entity contracting with and approved by Yiftee to make Yiftee products available via the entity's website or other channel. Yiftee or a Yiftee Affiliate may feature Merchant's place of business generally on Yiftee's or affiliate's website, via the Yiftee Developer Interface (Yiftee API) and on any the Yiftee mobile applications which may be developed or available on the Apple App Store and through the Android Marketplace (such website(s), Yiftee API and applications together, the "Services"), and allow Yiftee users (which users may, in certain circumstances, be Merchants, as further described in Section 4.53.5) ("Users") to "build a gift" by specifying a gift amount (up to a Yiftee- Yiftee-specified maximum) that they wish it wishes to purchase for themselves or other Yiftee Users ("Recipients"), to be redeemed for any products and services then-currently and publicly available at Merchant's place of business at the time of redemption ("General-use Gifts"). Yiftee or its affiliates, or purchasers (Purchasers) senders or Recipients receivers of gifts may refer to their gifts and the merchants associated with these gifts on social media and Yiftee may deliver gift messaging via social media that may be viewed by an audience other than the specific recipient of the gift. Yiftee may also (but is under no obligation to) feature on the Services, at its discretion and subject to the terms and conditions of this Agreement, one (1) or more specific products or services available from Merchant ("Specific Gifts"), and allow Users to purchase such Specific Gifts for Recipients. These Specific Gifts are implemented as a voucher good for the value ascribed to the specific gift, but there is no enforcement mechanism to require the Recipient to utilize the voucher for that Specific Gift as the -the voucher is intended to be usable for the dollar amount specified on the voucher (up to the amount remaining on the voucher if the voucher has been used) for any item available at the Merchantmerchant. If a Specific Gift is defined, the Merchant merchant is solely responsible for defining a price ascribed to said Specific Gift that is suitable to cover the cost of purchase of that gift along with any applicable taxes or fees. However, it is solely up to the Recipient to determine if the voucher is to be applied to the Specific Gift or to another item available for sale by the Merchant. Yiftee may make available to Merchant a Dashboard for accessing information about their Gifts and for managing aspects of their Yiftee account. Merchant is solely responsible for any and all access to their Dashboard and the actions of all users authorized to use their Yiftee account including the removal of users no longer authorized to use the account. Yiftee, at Merchant’s direction and with Yiftee’s approval which is given at Yiftee’s sole discretiondirection, may also (but is under no obligation to), feature on the Services, at its discretion and subject to the terms and conditions of this Agreement, a gift without any cash value, but which can be used by Recipients at Merchant’s establishment in connection with the purchase or redemption of goods (a “zGift”). zGifts function like coupons; for example, a zGift may allow a Recipient to visit Merchant’s establishment and exchange the zGift for a particular product or service, or may provide a percentage discount based on the purchase of goods or services from Merchant. zGifts, Specific Gifts and General-use Gifts shall be referred to collectively as "Gifts."

Appears in 3 contracts

Samples: Yiftee Merchant Agreement, Yiftee Merchant Agreement, Yiftee Merchant Agreement

Gift Purchase. 1.1 A Merchant is an entity selling goods and/or services. Subject to the terms and conditions of this Agreement, a "Yiftee Affiliate" is an entity contracting with and approved by Yiftee to make Yiftee products available via the entity's website or other channel. Yiftee or a Yiftee Affiliate may feature Merchant's place of business generally on Yiftee's or affiliate's website, via the Yiftee Developer Interface (Yiftee API) and on any Yiftee mobile applications which may be developed or available (such website(s), Yiftee API and applications together, the "Services"), and allow Yiftee users (which users may, in certain circumstances, be Merchants, as further described in Section 4.5) ("Users") to "build a gift" by specifying a gift amount (up to a Yiftee- Yiftee-specified maximum) that they wish to purchase for themselves or other Yiftee Users ("Recipients"), to be redeemed for any products and services then-currently and publicly available at Merchant's place of business at the time of redemption ("General-use Gifts"). Yiftee or its affiliates, or purchasers (Purchasers) or Recipients of gifts may refer to their gifts and the merchants associated with these gifts on social media and Yiftee may deliver gift messaging via social media that may be viewed by an audience other than the specific recipient of the gift. Yiftee may also (but is under no obligation to) feature on the Services, at its discretion and subject to the terms and conditions of this Agreement, one (1) or more specific products or services available from Merchant ("Specific Gifts"), and allow Users to purchase such Specific Gifts for Recipients. These Specific Gifts are implemented as a voucher good for the value ascribed to the specific gift, but there is no enforcement mechanism to require the Recipient to utilize the voucher for that Specific Gift as the voucher is intended to be usable for the dollar amount specified on the voucher (up to the amount remaining on the voucher if the voucher has been used) for any item available at the Merchant. If a Specific Gift is defined, the Merchant is solely responsible for defining a price ascribed to said Specific Gift that is suitable to cover the cost of purchase of that gift along with any applicable taxes or fees. However, it is solely up to the Recipient to determine if the voucher is to be applied to the Specific Gift or to another item available for sale by the Merchant. Yiftee may make available to Merchant a Dashboard for accessing information about their Gifts and for managing aspects of their Yiftee account. Merchant is solely responsible for any and all access to their Dashboard and the actions of all users authorized to use their Yiftee account including the removal of users no longer authorized to use the account. Yiftee, at Merchant’s direction and with Yiftee’s approval which is given at Yiftee’s sole discretion, may also (but is under no obligation to), feature on the Services, at its discretion and subject to the terms and conditions of this Agreement, a gift without any cash value, but which can be used by Recipients at Merchant’s establishment in connection with the purchase or redemption of goods (a “zGift”). zGifts function like coupons; for example, a zGift may allow a Recipient to visit Merchant’s establishment and exchange the zGift for a particular product or service, or may provide a percentage discount based on the purchase of goods or services from Merchant. zGifts, Specific Gifts and General-use Gifts shall be referred to collectively as "Gifts."

Appears in 1 contract

Samples: Yiftee Merchant Agreement

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Gift Purchase. 1.1 A Merchant is an entity selling goods and/or services. Subject to the terms and conditions of this Agreement, a "Yiftee Affiliate" is an entity contracting with and approved by Yiftee to make Yiftee products available via the entity's website or other channel. Yiftee or a Yiftee Affiliate may feature Merchant's place of business generally on Yiftee's or affiliate's website, via the Yiftee Developer Interface (Yiftee API) and on any Yiftee mobile applications which may be developed or available (such website(s), Yiftee API and applications together, the "Services"), and allow Yiftee users (which users may, in certain circumstances, be Merchants, as further described in Section 4.5) ("Users") to "build a gift" by specifying a gift amount (up to a Yiftee- Yiftee-specified maximum) that they wish to purchase for themselves or other Yiftee Users ("Recipients"), to be redeemed for any products and services then-currently and publicly available at Merchant's place of business at the time of redemption ("General-use Gifts"). Yiftee or its affiliates, or purchasers (Purchasers) or Recipients of gifts may refer to their gifts and the merchants associated with these gifts on social media and Yiftee may deliver gift messaging via social media that may be viewed by an audience other than the specific recipient of the gift. Yiftee may also (but is under no obligation to) feature on the Services, at its discretion and subject to the terms and conditions of this Agreement, one (1) or more specific products or services available from Merchant ("Specific Gifts"), ) and allow Users to purchase such Specific Gifts for Recipients. These Specific Gifts are implemented as a voucher good for the value ascribed to the specific gift, but there is no enforcement mechanism to require the Recipient to utilize the voucher for that Specific Gift as the voucher is intended to be usable for the dollar amount specified on the voucher (up to the amount remaining on the voucher if the voucher has been used) for any item available at the Merchant. If a Specific Gift is defined, the Merchant is solely responsible for defining a price ascribed to said Specific Gift that is suitable to cover the cost of purchase of that gift along with any applicable taxes or fees. However, it is solely up to the Recipient to determine if the voucher is to be applied to the Specific Gift or to another item available for sale by the Merchant. Yiftee may make available to Merchant a Dashboard for accessing information about their Gifts and for managing aspects of their Yiftee account. Merchant is solely responsible for any and all access to their Dashboard and the actions of all users authorized to use their Yiftee account including the removal of users no longer authorized to use the account. Yiftee, at Merchant’s direction and with Yiftee’s approval which is given at Yiftee’s sole discretion, may also (but is under no obligation to), feature on the Services, at its discretion and subject to the terms and conditions of this Agreement, a gift without any cash value, but which can be used by Recipients at Merchant’s establishment in connection with the purchase or redemption of goods (a “zGift”). zGifts function like coupons; for example, a zGift may allow a Recipient to visit Merchant’s establishment and exchange the zGift for a particular product or service, or may provide a percentage discount based on the purchase of goods or services from Merchant. zGifts, Specific Gifts and General-use Gifts shall be referred to collectively as "Gifts."

Appears in 1 contract

Samples: Yiftee Merchant Agreement

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