Rewards Genius Terms of Service

These Rewards Genius Terms of Service
(i) pertain exclusively to the use of the Rewards Genius web app, and
(ii) are supplemental to the “Enterprise Terms of Service”
or other commercial agreement your organization may have with Tango Card.

 

Rewards Genius Terms of Service

 

The following describes the terms of use for Rewards Genius®. You must click “accept” on the sign up page to use this service. If you do not accept these terms, do not click “accept.”

 

Rewards Genius facilitates the ordering and email delivery of Digital Gift Codes. Rewards Genius is a special service offered by Tango Card intended for and limited to customers 18 years of age or older to use within the United States only.

 

To use Rewards Genius, you must sign up for an account with Tango Card. There is no cost to having a basic Rewards Genius account. All accounts and Rewards Genius usage are subject to Tango Card’s Privacy Notice.

 

You may pre-fund your Rewards Genius Account with payment by ACH, bank wire, or credit card. When your pre-payment of funds has cleared (which may take from one to five business days, depending on the funding method chosen), you will see the funds available in your account. Having cleared and settled funds available in your account will allow us to fulfill your gift card orders by the next business day. Funds held in your account will not earn interest.

 

If you choose to pay when ordering, your order will not ship until your funds have cleared and settled. Orders paid by credit card funds will (i) be subject to a processing convenience fee of 3.5%, which will be withdrawn from your account at the time of order, and (ii) not be processed until such funds are fully cleared and settled into the account. Funds available from credit card payment shall be limited to $5000 per business day.

 

Orders that have not been paid for thirty days after order placement will be cancelled.

 

Digital Gift Cards are sent “activated” – meaning the recipient can immediately make use of the stored value in the code. Accordingly, it is very important that you provide accurate information and check it fully before you submit a Rewards Genius order. Digital Gift Codes will be delivered to your recipients at no extra cost using the email templates provided in Rewards Genius. Tango Card is not liable or responsible for (i) errors in a Recipient name or email address, gift card brand, denomination, delivery instructions or any other information provided by you; (ii) the failure to deliver a gift code due to any circumstances outside of our control (for example, if someone other than your intended Recipient accesses the email account of that individual).

 

You may not send to a single Recipient Digital Gift Codes of $10,000 or more in a single banking day. No single Digital Gift Code may be in excess of $2,000.

 

An order placed by you is deemed to be a final, binding order. Once delivered, Digital Gift Codes are not returnable or refundable. All sales are deemed to take place in the State of Washington.

 

You and your Recipient are responsible for understanding applicable expiration rules regarding Digital Gift Codes. Generally, Gift Codes from U.S. Merchants that are dollar-denominated do not expire. Gift Codes for use outside of the U.S. may be subject to different expiration rules.

 

By accepting these Terms, you represent and warrant to Tango Card that you (i) have the authority for your organization to accept these Terms on behalf of your organization, (ii) will use this service only for lawful purposes and only in compliance with these Terms and all applicable laws, and (iii) have obtained legally-sufficient consent from Recipients to share their email address with Tango Card for the purpose of delivery of the Digital Gift Code. We will not sell or transfer anyone’s personally-identifiable information, but we will retain it as needed for customer service and regulatory requirements.

 

Your further represent and warrant to Tango Card that any material you upload in connection with your use of Rewards Genius will not include any defamatory, libelous, threatening, hateful, discriminatory, or harassing material, or any pornographic, obscene, gratuitously violent, illegal or otherwise offensive or objectionable content. You may not make use of any third party service marks or trademarks in connection with your use of Rewards Genius.

 

Technical support is available for Rewards Genius customers via in-app messaging, or at success@tangocard.com. Customer service for Digital Gift Code Recipients is available at 1-877-55-TANGO and cs@tangocard.com Monday – Friday from 7:30 am – 5:00 pm Pacific Time. Messages will be answered within one business day.

 

Tango Card may terminate or suspend the Rewards Genius service tool at any time, without prior notice. Tango Card may terminate a company’s Rewards Genius account immediately upon evidence of fraudulent or illegal use of the service. You agree that Tango Card shall not be liable to you or to any third party for any modification, suspension or discontinuance of Rewards Genius. You acknowledge that Rewards Genius is or may be provided with or without cost, on a trial, demo, beta or other basis, and that Tango Card may change, at any time, the conditions of your accessibility to the Service. In the event we make a material change to these Terms, we will post notification of the change on this site. Your continued use of Rewards Genius will constitute your continuing acceptance of these Terms.

 

When you tell us that you want to terminate your Rewards Genius account (or if Tango Card has terminated your account or the service itself), final settlement and return of any funds remaining in your account and not needed to pay for ordered gift cards shall take place no later than thirty (30) days after the date of termination via Tango Card company check. 
If you request, and if we are able to do so, funds that had been paid by credit card will be credited back to the same credit card.

 

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, (ii) TANGO CARD AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TANGO CARD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (iv) THAT THE SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TANGO CARD OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

 

LIMITATION OF LIABILITY AND INDEMNIFICATION
You agree that in the event of any damage or loss, even through our negligence or other fault, our sole obligation (and the sole obligation of our licensees, suppliers, and Merchant brands), and your sole remedy, is at our option, to replace the lost or damaged Digital Gift Code(s) or provide you with a refund or credit, for the cost of the purchase price for lost or damaged Digital Gift Code(s). You must submit a claim within thirty (30) days from your date of purchase.

 

You further agree and understand that Tango Card has no liability for the loss of (i) a Digital Gift Code after receipt by you or your Recipient, (ii) any password or information you may choose to store in your Tango Card account or in your computer or mobile device, in the event your password, computer or mobile device is lost or stolen.

 

Your further agree and understand that Merchants are solely responsible to you for your ability to use, and the terms of usage of, Merchant gift cards. Each Merchant’s terms of use for its gift card(s) are available at the website. Those terms and conditions exclusively govern use of that Merchant’s gift card(s). Tango Card is not and shall not be in any manner responsible or liable for any Merchant actions, policies, or practices.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT AS EXPRESSLY OTHERWISE STATED HEREIN, TANGO CARD AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TANGO CARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM OR AS A RESULT OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

 

You agree to indemnify and hold Tango Card and its affiliates, officers, agents, employees, partners and licensors harmless from and against any and all losses, damages, costs or expenses, any claim or demand, including reasonable attorneys fees and expenses, for any damage or loss caused to a third party by your use of Rewards Genius.

 

GENERAL

 

For purposes of these Terms, “you” and “your” shall mean you, and “we”, “us,” and “our” means Tango Card and, if applicable, those third parties acting on behalf of Tango Card from time to time. “Recipient” means any individual to whom you use the service to send a Digital Gift Code. Title and risk of loss for Digital Gift Codes purchased by you through Rewards Genius passes to you upon delivery of the Digital Gift Code to you or the email address you designate. We may assign our rights and responsibilities hereunder without notice to you. These Terms constitute the entire agreement between you and Tango Card concerning your use of Rewards Genius. These Terms shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and Tango Card agree to submit to the personal and exclusive jurisdiction of the courts located within King County, Washington. Any claim arising out of, relating to, or concerning any interpretation, construction, performance, or breach of this Agreement, will be settled by arbitration to be held in King County, Washington, in accordance with the rules then in effect of the American Arbitration Association. The arbitrator may grant injunctions or other relief in the dispute or controversy. The decision of the arbitrator will be final, conclusive, and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. You and Tango Card will each pay one half of the costs and expenses of the arbitration, and each will separately pay their own counsel fees and expenses. Any action brought by you with respect to any service or product of Tango Card or anything related to the website must be brought, if at all, within one (1) year from the accrual of such cause of action. The failure of Tango Card to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.