Terms and Conditions

CardMoola – Privacy Policy

Effective Date: February 2, 2022

This Privacy Policy applies to information about you that CardMoola LLC (“CardMoola,” “we,” or “us”) may obtain about you when you visit www.cardmoola.com or use our mobile application (collectively, the “Services”). This Privacy Policy also describes how we may collect, use, or share information about you; your choices regarding our use of your information; the ways in which we safeguard the information we collect; and how you may contact us regarding our privacy practices.

Information We Collect

Information You Provide to Us

We obtain information that you provide to us directly, for example, data you submit when you create an account. The information we collect may include personal information such as your name, Email address, and phone number. In some cases, we also may request a driver’s license or State ID card information or your date of birth to authenticate a user’s identity in conjunction with certain transactions.

Information That is Collected Automatically When You Use the Services

In addition to the information you submit to us, we may collect certain information using automated means such as cookies, web beacons, and web server logs. The types of information we collect automatically may include IP addresses, device identifiers, browser characteristics, operating system details, language preferences, referring URLs, length of visits, and pages viewed.

In addition, when you use our mobile application we may collect certain information that your mobile device captures during normal usage, such as motion-generated or orientation-generated mobile sensor data that your mobile device uses for various features. For example, when you turn your phone and the screen reorients itself based on the way you’re holding it, or when you shake your phone to trigger a particular action.

We may combine certain automatically collected information with other information we obtain about you.

Data Analytics

We also may use third-party web analytics services, such as Google Analytics. These service providers help us understand our audience and analyze how visitors use the Services. To learn more about how Google may use information collected through the Services, click here. To learn more about opting out of data collection through Google Analytics, click here.

Your web browser may have settings that allow you to transmit a “Do Not Track” signal when you visit various websites or use online services. Like many websites and online services, our Services are not designed to respond to “Do Not Track” signals received from browsers. To learn more about “Do Not Track” signals, you may wish to visit http://www.allaboutdnt.com/.

Location Information

When you use our mobile applications, we may collect, use, and share precise location data about you to provide and improve our location-based products and services. Where available, location-based services may use technologies such as GPS, Bluetooth, crowd-sourced Wi-Fi hotspots, and cell tower locations to determine a mobile device’s approximate location. You may use your device settings to restrict this type of location tracking generally, and/or to prevent a particular app from obtaining location data about your device in connection with the use of that app.

How We May Use Your Information

We may use the information we collect about you for various purposes, including to:

• Personalize and improve your online experience;
• Respond to emails or other requests, inquiries, comments, or questions;
• Provide customer support;
• Present you with offers tailored to your interests and past activities or usage of the Services;
• Monitor and analyze trends, usage, and activities of visitors to, and users of, the Services;
• Improve the Services, our marketing, and products or services we may offer;
• Contact you regarding your use of the Services or, in our discretion, changes to our policies;
• Verify and/or authenticate a user’s identity;
• Provide users with information that we believe may be useful to them, such as information about products or services offered by us or by others;
• Prevent fraud or other misuses of the Services, including protecting our rights and the rights of affiliates or related third parties;
• Maintain records of our transactions and communications;
• Comply with applicable laws, regulations, or legal process as well as industry standards and our company policies;
• Prevent, investigate, identify, or take any other action with regard to any suspected or actual fraudulent or illegal activity or any activity that violates our Terms of Use; or
• For any other purpose, with your consent.

We also may use the information we obtain about you in other ways for which we provide notice at the time of collection.

In addition, we use the information collected online through cookies, web beacons, and other automated means for purposes such as recognizing your browsing device when you visit the Services, tracking your activity as you navigate the Services, or analyzing your use of the Services. This information may be used to track your activity over time on various websites and services, as well as across different devices you may use to access the Internet and our Services.

How We May Share Information

We may permit our agents, vendors, consultants, and other service providers to access the information we collect about you through the Services to carry out work on our behalf. We also may use outside companies to help us send emails or text messages and manage Email or text message campaigns, manage our careers page, or host or operate the Services. These third-party service providers use the personal information to which they have access to carry out the purposes for which we shared the information.

We also may share your information: (1) if we are required to do so by law, regulation, or legal process (such as in response to a court order or subpoena or similar government request for information); (2) to fulfill requests by government agencies, including law enforcement authorities; (3) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual illegal activity; (4) to enforce our policies, or to protect legal rights, property, or safety; (5) with third parties, to investigate or address possible criminal or fraudulent activity; or (6) in the event of a joint venture, partnership, merger, or other collaboration with another organization.

We reserve the right to transfer any information we obtain through the Services in the event we sell or transfer all or a portion of our business or assets (e.g., further to a merger, reorganization, liquidation, or any other business transaction, including negotiations of such transactions).

Information Security

We maintain appropriate administrative, technical, and physical safeguards designed to help protect personal information collected or received through the Services. Although we use reasonable efforts to safeguard information, transmission via the Internet is not completely secure and we cannot guarantee the security of your information collected through the Services.

Links to Other Websites

The Services may include links to other websites for your convenience and information. Websites that are operated by entities not affiliated with CardMoola may have their own privacy policies or notices, which we strongly suggest you review. CardMoola is not responsible for the content or privacy practices of any linked websites that we do not control.

Social Features

The Services may include features that are designed to permit interactions that you initiate between the Services and third-party websites or services, including third-party social networks (“Social Features”). Examples of Social Features include enabling you to “like” or “share” our content on other websites or services; make comments on certain pages using a plugin, or transmitting content to the Services from your account on a third-party website or service.

If you use Social Features on the Services, both CardMoola and the third-party service that operates the Social Features may have access to certain information about you and your use of both the Services and theirs. The information we collect in connection with Social Features is subject to this Privacy Policy. The information collected and stored by the third parties remains subject to those third parties’ privacy practices, including whether the third parties continue to share information with us, the types of information shared, and your choices with regard to what is visible to others on those third-party websites or services.

Children’s Privacy

The Services are not intended for, nor targeted to, children under 13, and we do not knowingly or intentionally collect information from children under 13. If we learn that we have received information directly from a child who is under the age of 13, we will delete the information in accordance with applicable law.

California Privacy Rights

California law permits customers in California to request certain details about how their “personal information” (as defined by California Civil Code Section 1798.83) is shared with third parties for direct marketing purposes. Under the law, a business must either provide this information or permit California customers to opt in to, or opt-out of, this type of sharing. View our California Consumer Privacy Notice here.

Your Choices

You may unsubscribe from receiving promotional emails from us by following the instructions provided in those Email communications. Please note that even if you opt-out of receiving promotional communications from us, we may continue to send you non-promotional emails, such as communications regarding our ongoing relationship with you.

Many web browsers provide options to allow you to stop accepting new cookies, or to disable existing cookies. Please be aware that if you disable the cookies on your device, you may not be able to use certain features of the Services or other websites. In addition, disabling cookies may invalidate opt-outs that use cookies to recognize devices that have opted out.

Information for Users Outside the United States

As outlined in our Terms of Use, CardMoola is intended for use in the United States. If you happen to be visiting us from outside the United States, please be aware that the information we collect will be transferred to and stored on our servers in the United States. By using the Services, you acknowledge and consent to the transfer and processing of your personal data in the United States as described in this Privacy Policy. Please be aware that the data protection laws and regulations applicable to your personal data transferred to the United States may be different from the laws in your country of residence.

Changes to this Privacy Policy

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this Privacy Policy. We encourage you to review this Privacy Policy whenever you visit the Services to stay informed about our information practices.

How to Contact Us

If you have questions regarding this Privacy Policy you may Email us at privacy@cardmoola.com or write to us at:

CardMoola, LLC
Attention: Privacy Inquiry
10319 Westlake Drive Suite 142
Bethesda, MD 20817

CardMoola Terms of Use

Last Updated: February 2, 2022

PLEASE NOTE: SECTION 17 OF THESE TERMS OF USE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH CARDMOOLA ARE RESOLVED. BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS AS A USER or CUSTOMER OF CARDMOOLA, AS WELL AS REMEDIES AND RECOURSE (INCLUDING THOSE IN SECTION 6) CARDMOOLA MAY TAKE IN CONJUNCTION WITH YOUR USE OF OUR SITE AND SERVICES. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AS WELL AS A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

Welcome to CardMoola.com and our associated mobile applications (collectively, the "Site" or "CardMoola"), an online digital marketplace for gift cards run by CardMoola, LLC ("we", "our", "us" or "CardMoola Marketplace"). CardMoola allows you ("user", "consumer", "Member", "guest", or "you") to store, redeem, purchase, gift, and other similar pre-paid closed-loop products in electronic form (collectively, "Gift Cards").

By clicking "I agree" on CardMoola or otherwise using CardMoola, you agree and acknowledge that you have fully read and consented to be bound by these Terms of Use (the "Terms of Use"). These Terms of Use are a binding agreement and apply to you and all registered Members, guests, or other persons who access, browse and/or otherwise utilize CardMoola to buy any Gift Cards or use any of the services available on CardMoola. These Terms of Use set forth your rights and responsibilities when you use CardMoola, so please read them closely. If you do not agree to these Terms of Use, you may not access or use CardMoola or any of the services provided on CardMoola.

1. Modification of Terms of Use

We reserve the right at all times to update, modify or discontinue any part of these Terms of Use as we deem necessary or desirable, at our sole discretion. If we make changes to the Terms of Use, we will notify you by posting notice of the changes to the Terms of Use on CardMoola. Any changes to these Terms of Use will be effective upon the earlier dispatch of an Email or other notice to you informing you of changes to these Terms of Use or our posting of notice of the changes on CardMoola. We suggest that you revisit our Terms of Use page on CardMoola from time to time to ensure that you stay informed of any changes to our Terms of Use. Your use of CardMoola after we update the Terms of Use and post it on CardMoola will constitute your acceptance of the modified Terms of Use.

2. Registering, Eligibility, and Member Account

There are no fees to join CardMoola, use many of the features on CardMoola, or act as a buyer of Gift Cards on CardMoola.

You may only set up one Account on the Site. Furthermore, you must fully comply with the following requirements: (i) provide complete, current, and accurate information at the time of registration, (ii) update all relevant Account information to keep it current and accurate (iii) select a Password for your Account that is not easy to guess or hack, and (iv) maintain the security and confidentiality of your Account, including any access or use of security codes associated with your Account, so as to minimize the risk of unauthorized access of your Account.

Finally, you agree to inform CardMoola immediately if you suspect that your Account at CardMoola has been hacked or subject to any unauthorized access or use. You agree that CardMoola may verify your information through whatever lawful means it deems reasonable and appropriate, to request additional information to confirm your identity, and to deny you access to CardMoola if it determines any information provided is suspect, not accurate, or cannot be confirmed.

We reserve the right to interrupt your service, your access to your Account, and/or your access to CardMoola or any services or Gift Cards offered on CardMoola, with or without prior notice, for any reason, at our sole and absolute discretion. In the event, your Account or access to it is interrupted or terminated for any reason, whether intentionally or unintentionally, we will not be liable for any losses due in whole or in part by such interruption or termination of your Account or your access to CardMoola.

3. Promotional CardMoola Cash Program

CardMoola Cash is a promotional reward program offered by CardMoola to its Members. CardMoola may offer a variety of CardMoola Cash promotional points and reward points (collectively, "CardMoola Cash") pursuant to various programs ("CardMoola Cash Programs") in connection with the Site. The CardMoola Cash Terms available at https://www.cardmoola.com/terms-and-conditions govern your participation in any and all CardMoola Cash Programs. By participating in any of the CardMoola Cash Programs, including earning and redeeming any CardMoola Cash offered under any of the Programs, you agree to the CardMoola Cash Terms, which terms are incorporated herein by reference.

4. Use of CardMoola to Purchase, Gift, Store, Redeem and Manage Your Gift Cards

(a) Managing and Using Your Gift Cards on CardMoola, Gift Card Terms & Conditions, and Your Responsibility Related to Gift Cards Stored, Used or Managed on CardMoola.
CardMoola allows you to more effectively buy, gift, store, redeem and manage your Gift Cards. In addition to Gift Cards purchased on CardMoola, CardMoola provides you the functionality to store, redeem and manage your other Gift Cards not purchased on CardMoola within the CardMoola mobile wallet for in-store and online redemption. CardMoola provides this e-wallet storage and redemption feature for your convenience of use and you agree that when you add any other Gift Card into the CardMoola mobile wallet (or your web account) not acquired on CardMoola, that CardMoola is not responsible or liable for any of those Gift Cards. CardMoola is not responsible for any loss or damage resulting from the loss of any such Gift Card or the use of your CardMoola user account or CardMoola mobile wallet without your permission (including any Gift Card you have added therein).

Gift Cards may be subject to various other terms and conditions related to a particular Retailer or Gift Card, including, without limitation, various limitations as to use of the Gift Card, combination with other offers, redemption and voucher use rules, and whether a Gift Card can be used online, in-store or both. These terms and conditions are generally presented with the Gift Card on the Site and you agree specifically to have read and accepted these particular terms and conditions when you agree to purchase the Gift Card in question on CardMoola.

CardMoola is not a party to any transaction that you may enter into with the Retailer as a result of your purchasing a Gift Card on CardMoola. CardMoola is not responsible for the quality of goods or services you acquire from a Retailer or otherwise procure using a Gift Card acquired on CardMoola. If a Retailer were to go out of business or go into bankruptcy prior to your use of all the value on their Gift Card, you understand that your sole and exclusive recourse for the unused value of the Gift Card for that particular Retailer is with the Retailer in question (and not CardMoola) and, as an unsecured-creditor, you may not be able to recoup the value of any unused Gift Card for such a Retailer. The 1 Year Money-Back Guarantee does not apply in the circumstances that a Retailer ceases to honor its Gift Cards due to its going out of business, into bankruptcy, or similar circumstances.

(b) General Rules of Conduct on CardMoola. By using CardMoola and setting up a customer account, you agree to the following rules when visiting or transacting on CardMoola:

• Consumer users can not purchase more than $1,000 worth of face value Gift Cards per day. If higher limits are required, please apply for a Business Account.
• The Gift Card must be able to be used within the allowed countries and regions where the Retailer operates.
• You may not create more than one customer account on CardMoola.
• You may not use CardMoola in any manner that is illegal, fraudulent, or otherwise inconsistent with, or in violation of, the Terms of Use or applicable law.

(c) Gifting Gift Cards. You are able to electronically gift certain Gift Cards on CardMoola to other account holders and non-account holders. You are responsible for providing the correct information about the gift recipient, including their name, Email address, and/or mobile phone number, which is used to electronically send the Gift Card to the giftee.

As mentioned above, gifts can be sent to other CardMoola account holders and non-account holders alike. If the giftee is an account holder who has an existing CardMoola account, then the gifted Gift Card will be placed in their CardMoola account, and they will be notified of the gift via Email and/or text. If the giftee is not an existing CardMoola account holder, a provisional user account will be set up to securely store the gift card. The giftee will be notified of the gift via Email or text. Within the first thirty days of receiving the gift, the giftee will be able to access the gift card details (serial number and pin, plus a printable voucher in some cases) without registering for a CardMoola account. As a security precaution, giftees will be required to register for a full CardMoola account (as opposed to a provisional user account) to access the digital gift card that has been gifted to them after thirty days have passed.

(d) Payment Options & Fees for Buyers.
Buyers: When you make a purchase on CardMoola, whether, on the website or mobile applications, CardMoola accepts various forms of payment, including credit cards, debit cards, PayPal, Google Pay, and Apple Pay. It is our customers' responsibility to retain the relevant payment card (if any) for purpose of any refund transaction from CardMoola. By making the purchase on CardMoola, you warrant that you are authorized to use the designated debit or credit card or other payment method and you authorize us to charge your designated credit or debit card or other payment methods for any order you place on CardMoola. When you provide your payment information, you authorize us (or a third-party payment processor) to process and store your payment and related information. In the event that the designated credit or debit card or other payment methods cannot be verified, is invalid, or is otherwise not acceptable to CardMoola, we may (i) suspend or cancel your order automatically, (ii) prohibit you from until a valid, verifiable credit/debit card is on file (iii) suspend or terminate your account on CardMoola. Payment card processing fees may apply even if the designated debit or credit card has expired or changed by the time we submit the charges to your card. We are not responsible for any debit card or overdraft fees associated with any order you use a debit card for. You agree to fully cooperate with CardMoola in an effort to resolve any problems we encounter in order to process your requested order on CardMoola.

• Payment by ACH will be honored at no additional charge;
• Payment by PayPal or check may be subject to additional fees identified at the time you select your payment method and PayPal may assess additional charges and fees that CardMoola is not responsible for.

Certain payment processing services for CardMoola are provided by Authorize.net and are subject to the Authorize.net Terms of Use Terms of Service (collectively, the "Authorize.net Agreement"). By agreeing to these Terms of Use or using CardMoola, you further agree to be bound by the Authorize.net Services Agreement, as the same may be modified by Authorize.net from time to time. As a condition of us enabling payment processing services through Authorize.net, you agree to provide us accurate and complete information about you, and if applicable, your business. You further authorize us to share all such information, including all transaction information, related to your use of the payment processing services provided by Authorize.net.

5. Authorized Use & Termination of Access.

You can use CardMoola only for its intended purposes and solely in accordance with these Terms of Use. Subject to your full compliance with these Terms of Use, CardMoola grants you a limited, nonexclusive, non-sublicensable license to access and use CardMoola solely for the purpose of purchasing, selling, or managing Gift Cards or receiving other available services and features on CardMoola. This limited use and access license are revocable at any time by us.

Your Member Account with CardMoola and any access to the products, services, your CardMoola Cash, and/or any portion of our Site, including any of our mobile applications, is and shall remain at the sole and absolute discretion of CardMoola. Therefore, we reserve the right to temporarily or permanently terminate, suspend, or refuse to permit your access to any portion of CardMoola (including any of our mobile applications and your Member Account) and any of the services provided on CardMoola for any reason, all at our sole and absolute discretion, with or without notice and without liability to you of any kind. You further agree that you will remain bound to the terms of these Terms of Use at all times during any suspension and after the termination of your Member Account or access to CardMoola, with respect to any purchase or sale transactions, occurrences or acts or omissions on your part prior to or during the suspension, or prior to the termination. We reserve the right to terminate or change any of the services available on CardMoola including any services or programs related to CardMoola Cash.

6. Prohibited Activity.

In connection with using or accessing CardMoola (including your Member Account), whether via the website, our mobile applications or otherwise, you agree not to do, and not to facilitate any third party doing, any of the following (each a "Prohibited Activity" ):

(a) Modify, alter or otherwise make any derivative uses of the CardMoola content, trademarks, technology platform or its underlying software, or any portion thereof.
(b) Copy, reverse engineer, decompile, disassemble or attempt to discover the source code of the CardMoola technology platform or its underlying software.
(c) Use any automated or non-automated means of data gathering, data mining or extraction methods on or in connection with CardMoola, including any use of "robots", "scrapers", "spiders", "readers" or similar devices.
(d) Infringe upon or violate the rights of CardMoola, its users, third parties, or Retailers.
(e) Download, copy, or imitate any portion of the CardMoola technology platform, its underlying software, and content, or its user interface, or the Site, except as expressly permitted by CardMoola.
(f) Use CardMoola in any way that could damage, disable, overburden, place excessive demand on or impair our Site, mobile applications, or any services we offer via CardMoola.
(g) Attempt to gain unauthorized access to (i) any Member's personal information, personal profile, e-wallet or Member Account or (ii) CardMoola and its mobile applications, including but not limited to any CardMoola accounts, computer systems, and/or network systems, through any means, including via a proxy server, or use any unauthorized access whether or not intentionally acquired.
(h) Aggregate or scrape any content, data or other information from the Site (whether using links, scraping technology or other technical means) to be aggregated or shown with material from other sites or on a secondary site without our express written permission.
(i) Hyperlink to the Site or deep-link to any portion of our Site without our written consent.
(j) Interfere with our Site's or our mobile applications' operations, attempt to access or steal any data and information on or related to the Site.
(k) Seek to transact any fraudulent or illegal activity, through any means or corrupt practices, including but not limited to any of the following: hacking, password mining, deceptive impersonation of another person,misrepresentation of your affiliation with a person or entity, hiding or attempting to hide your true identity or location (including via proxy server or otherwise) or providing false, inaccurate or altered documentation, information or identification.
(l) Circumvent or seek to circumvent any security measures or other features meant to protect the security of the Site and CardMoola Members' security.
(m) Make any unsolicited offers, advertisements, proposals, or send junk mail, spam or chain letters to other CardMoola users, or any other similar type of solicitation not approved of by CardMoola in writing.
(n) Upload to CardMoola images, content or other material that is illegally obtained, in violation of a third party's intellectual property rights, or offensive, libelous, defamatory, harassing, threatening, inappropriate, deceptive or misleading in any way.
(o) Send or receive what we reasonably believe to be potentially fraudulent funds or otherwise use CardMoola in a manner that we believe is intended to facilitate a criminal or fraudulent activity or enterprise.
(p) Use the Site in a manner that results in or may result in complaints, chargebacks, customer refunds, invalid Gift Cards, fees, penalties or other liability to CardMoola Marketplace, its other members, or partners.
(q) Make any fraudulent, improper or false refund request or claim under the CardMoola refund policy or any similar customer guarantees provided by us from time to time.
(r) Engage in, or be involved in, any criminal and/or fraudulent activities, including not limited to, the following with regard to any Gift Cards bought on CardMoola: (i) any sale (or attempted sale) of a Gift Card to multiple parties; (iii) the use of any fraudulent or unauthorized payment method to acquire Gift Cards on CardMoola; (iv) provision of fraudulent, invalid, stolen or improperly obtained Gift Cards or
(s) the use of Gift Cards to perpetrate or facilitate any other criminal activity.
(t) Violate any terms and conditions set forth in the CardMoola Cash Terms.
(u) Use CardMoola other than for its intended purposes (including for any malicious, threatening, unethical, harassing, fraudulent or illegal activity) or otherwise in violation of these Terms of Use.

7. Your Liability - Actions We May Take and Fees We May Assess.

(a) General. You au are responsible for all chargebacks, fees, fines, penalties, and other liabilities incurred by us, any customer, a Retailer or any third party caused by or arising out of your breach of these Terms of Use, any Prohibited Activity, and/or your use of CardMoola.

(b) Actions We May Take - Related to Prohibited Activity or Any Breach of these Terms of Use. If CardMoola, in its sole discretion, believes that you have breached these Terms of Use or engaged in any Prohibited Activity, we take various actions to protect CardMoola, our Customers, Retailers, or others from claims, refunds, chargebacks, fees, fines penalties, or any other liabilities or exposure. The actions we may take include, without limitation, the following:

• We may close, suspend or limit your access to your Customer Account or CardMoola (including limiting your access to your funds, your CardMoola Cash and/or your Gift Cards, your ability to purchase Gift Cards);
• We may refuse to allow you to be a Member or otherwise access CardMoola in the future;
• We may terminate any Gift Card transactions on CardMoola;
• We may contact your bank and/or credit card issuer, Retailers, law enforcement, and any other third parties impacted by your activities;
• We may investigate any Prohibited Activity or breach of these Terms of Use or the CardMoola Cash Terms and may notify and cooperate with appropriate law enforcement agencies;
• We can and may share any information related to your Member Account, transaction history, payment information, and other information related to your usage of CardMoola with law enforcement or relevant Retailers, to the extent requested in connection with any investigation into any potentially criminal, fraudulent, or Prohibited Activity;
• We may use information you provide us or related to your activity on CardMoola to investigate any potentially fraudulent or criminal activity or any Prohibited Activity, including to ensure you have not made improper or fraudulent refund requests under any CardMoola refund policy or member guarantee;
• We may take legal action against you; and
• We may, in our sole discretion, terminate all access to this Site, your Customer Account, and our services for any reason and at any time.

(c) Actions We Take - Holds and Reserves on Funds and your Customer Account.

i. Legal Process & Court Orders. We may, in our sole discretion, take various actions, including placing a hold, reserve, or other limitations on your Customer Account or the funds or credits in your Customer Account in the event we receive notice of a court order or other legal process that restricts the use of or access to your funds or requires their holding, release, or seizure. We will provide notice of such hold, reserve, or limitation, unless the court or law enforcement otherwise directs us not to provide you notice, in which case the court order or other process will supersede any notice obligation in these Terms of Use In addition, in the event we receive a notice of garnishment, lien or levy on your Member Account directing us to retain funds or directing us to pay funds from your Customer Account to a court, government body, agency or third party, we may limit your Customer Account, hold relevant funds and ultimately disburse funds as necessary.

(d) Our Right to Reverse Refunds. In the event CardMoola determines, in its sole discretion, that you have mistakenly, improperly or fraudulent sought and received a refund for a Gift Card purchased on CardMoola under our then current refund policy, you authorize CardMoola to charge your payment method on file (credit card) with CardMoola or debit your Customer Account (including any of your CardMoola Cash) the full amount of any such improper Gift Card refund(s) requested by you. Furthermore, in this circumstance, CardMoola reserves the right to suspend or terminate your Customer Account on CardMoola.

(e) Dispute of any CardMoola Recourse. In the event you believe in good faith that there may have been an error in our assessment of any fees, charges, or other permitted recourse to your Customer Account associated with a Gift Card you purchased on CardMoola (including the recourse in this Section 6), you may contact CardMoola Customer Service (which information is available on our Site) or your account manager, if applicable. You must provide us with all relevant information to support the reason you believe the recourse we took with regard to your Customer Account or a particular Gift Card you bought on CardMoola was not warranted and we will then, at our discretion, engage in further investigation of the particular matter (to the extent possible) to determine if there was an error in our assessment of any fees or charges to your account or any other similar permitted recourse hereunder. You hereby agree to fully cooperate with CardMoola in any such further investigation and to only provide us with full and truthful information. CardMoola will communicate its determination (after any such investigation) in accordance with its then existing policies and procedures. The timing and terms of any additional investigative process will be entirely dependent upon our then current policies and procedures related to such matters, which may change from time to time. You further agree that CardMoola's determination after such additional investigation (to the extent possible) is final.

8. Intellectual Property & Trademarks.

Unless otherwise indicated by us, the CardMoola Site and all content and other materials therein, including, without limitation, the CardMoola trademarks, logos and all other CardMoola designs, text, graphics, pictures, information, data, software, sound files, other files made available on CardMoola and the selection and arrangement thereof, and any documentation provided to you by or on behalf of CardMoola (but excluding any and all trademarks, service marks or other intellectual property of Retailers found on CardMoola) are the exclusive property of CardMoola. "CardMoola" and the CardMoola logo and any related slogans are CardMoola's trademarks in the United States and may not be copied or used without the prior written permission of CardMoola. Unless explicitly stated by us, nothing in these Terms of Use shall be construed as conferring any ownership in or license to any intellectual property rights, whether by estoppel, implication, or otherwise.

All trademarks not owned by CardMoola that appear on this Site are the property of their respective owners. Reference to any products, services, merchants, or retailers available on CardMoola does not constitute or imply any endorsement, sponsorship, or recommendation by CardMoola. Furthermore, CardMoola is not the issuer of any of the Gift Cards available for sale on CardMoola and is not related to any of the Retailers whose trademarks and Gift Cards appear on CardMoola for sale.

9. Copyright Complaints.

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, CardMoola may also terminate or suspend the account of any member who infringes any intellectual property rights of a third party, whether a repeat infringer or not. If you believe that any user content on CardMoola infringes upon any copyright that you own or otherwise control, you may file a notice of such infringement with our Designated DMCA Agent identified below, with the following information in writing: (i) a physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and Email address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Designated DMCA Agent: Attn: DMCA Copyright Agent, CardMoola Legal Department, 10319 Westlake Dr. Suite 142, Rockville, Maryland 20817, Email: legal@cardmoola.com

10. Links to Other Websites.

CardMoola may link to third-party websites, services, and mobile applications ("Other Websites" ). These links are provided as a convenience to you and not because we endorse these Other Websites. We are not responsible for the content or the accuracy of materials on these Other Websites, or the privacy practices of these Other Websites. If you decide to access any Other Website, you do so at your own risk and we are not responsible for any damages or liabilities caused or alleged to be caused by any use of the Other Websites.

11. Your Privacy.

We take the privacy of your personal data seriously. We encourage you to read our Privacy Policy for disclosures about how we may collect, use and share personal data and the choices you may have with respect to the data we may collect and use. Our Privacy Policy is incorporated into these Terms of Use and is available Privacy Policy.

12. Electronic Communications.

When you use CardMoola or otherwise send emails to CardMoola, you are communicating with us electronically and you consent to receive electronic communications related to your use of CardMoola, including push notifications. We will communicate with you by Email, push notification or by providing notices on the Site. You agree that any communication we may send you via Email or push notification will satisfy any legal requirement that any such communication is in writing. Any notice delivery by CardMoola via Email will be effective when sent to the Email address you provided to CardMoola or from which you otherwise Email us. You further agree that you are responsible for maintaining an active Email Account on file with your Member Account and for any spam-filters (or similar content blockers) that may impact a CardMoola communication to you.

13. Disclaimer of Warranties & Waiver of Claims.

YOU EXPRESSLY AGREE THAT YOU ARE USING THE SITE AND ANY SERVICES OFFERED BY US AT YOUR OWN RISK AND THAT THE SITE AND SERVICES AVAILABLE ON THE SITE ARE PROVIDED "AS-IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, CardMoola DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SITE, INFORMATION CONTAINED ON THE SITE OR ANY OF THE GIFT CARDS OR OTHER OFFERINGS AVAILABLE ON THE SITE, OR ANY OTHER PROGRAMS AVAILABLE OR ACCESSIBLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES NON-INFRINGEMENT, MERCHANTABILITY, SUITABILITY, UP-TIME, OR FITNESS FOR A PARTICULAR PURPOSE. CardMoola MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CardMoola OR ANY REPRESENTATIVE OF CardMoola WILL CREATE A WARRANTY OR OBLIGATION ON THE PART OF CardMoola OR SUPERSEDE ANY OF THESE TERMS OF USE.

CardMoola IS NOT THE ISSUER OF THE GIFT CARDS SOLD ON CardMoola AND IS NOT RESPONSIBLE FOR WHETHER OR HOW A PARTICULAR RETAILER HONORS SUCH GIFT CARDS, PARTICULARLY IN THE CIRCUMSTANCE WHEN A RETAILER GOES OUT OF BUSINESS OR IS IN BANKRUPTCY OR LIQUIDATION. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT YOU WILL NOT SEEK RECOURSE AGAINST (AND HEREBY WAIVE ANY AND ALL CLAIMS AGAINST) CardMoola IN THE CIRCUMSTANCE THAT A RETAILER DOES NOT HONOR A GIFT CARD BECAUSE IT IS UNABLE TO PAY ITS DEBTS, GOES OUT OF BUSINESS, LIQUIDATES, GOES BANKRUPT, OR OTHERWISE REORGANIZES. FURTHERMORE, CardMoola IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM LOST OR STOLEN GIFT CARDS IN YOUR MEMBER ACCOUNT OR CardMoola MOBILE WALLET OR USE OF YOUR CardMoola ACCOUNT OR CardMoola MOBILE WALLET (AND ANY GIFT CARDS THEREIN, INCLUDING ANY GIFT CARDS YOU ADD TO YOUR CardMoola MOBILE WALLET NOT OTHERWISE ACQUIRED ON CardMoola) WITHOUT YOUR PERMISSION AND YOU HEREBY AGREE TO WAIVE ALL CLAIMS AGAINST CardMoola RELATED TO SUCH MATTERS.

14. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL CARDMOOLA, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, MERCHANTS, LICENSORS OR PARTNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ON ACCOUNT OF LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOST BUSINESS ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH (I) THE USE OF THE SITE, THE SITE AND/OR MEMBER CONTENT, INCLUDING ANY PERSONAL INFORMATION, (II) THE USE OF THE SERVICES ON THE SITE (OR INABILITY TO USE THE SERVICES), (III) THE MARKETING, PURCHASE OF ANY GIFT CARDS ON THE SITE, AND (IV) ANY SERVICES OR OFFERINGS PROVIDED BY ANY THIRD PARTIES ACCESSIBLE FROM OR THROUGH THE SITE, HOWEVER, CAUSED, REGARDLESS OF THE THEORY OF LIABILITY(INCLUDING, CONTRACT, TORT, WARRANTY, STRICT LIABILITY, ETC.) AND EVEN IF CARDMOOLA WAS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CardMoola'S TOTAL LIABILITY TO YOU, WHETHER IN CONTRACT, TORT, WARRANTY, OR ANY OTHER THEORY OF LAW, ARISING UNDER THESE TERMS OF USE OR ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SITE AND/OR SERVICE PROVIDED VIA THE SITE EXCEED $200 IN THE AGGREGATE. YOU AGREE THAT ANY CAUSE OF ACTION HEREUNDER MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. BECAUSE CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS IN CERTAIN CONTEXTS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

15. Indemnification & Release.

You agree to defend, indemnify, and hold us (and our affiliates, subsidiaries and our and their respective officers, directors, employees and agents (collectively with CardMoola Marketplace, Inc. the "Indemnified Parties")) harmless from any claim or demand made by any third party due to or arising out of or related to: (i) your breach of these Terms of Use, (ii) your improper use of the Site or CardMoola's services, (iii) your violation of any third parties' intellectual property rights, (iv) your intentional misconduct, fraudulent acts or gross negligence, (v) any content you provide on the Site or (vi) your violation of any applicable law, including any applicable tax laws. You agree to pay any and all losses, costs, damages, and expenses (including reasonable legal fees and expenses) (collectively "Damages") for which any Indemnified Party is found liable in respect of any such claim or demand and to reimburse each Indemnified Party immediately for any Damages that the Indemnified Party has directly incurred, suffered or paid. You hereby recognize that CardMoola is not the issuer of any Retailer Gift Card sold on CardMoola.com.To the extent permitted under applicable law, you agree to release CardMoola from any claim or liability arising out of or related to (x) how and whether a Retailer honors its Retailer Gift Card(s) purchased on CardMoola and (z) any Retailer's failure to honor a particular Retailer Gift Card purchased by you on CardMoola.

16. Legal Disputes

(a) Binding Arbitration. By using this Site and agreeing to these Terms of Use, you agree that any claim, dispute, or controversy you may have against CardMoola arising out of, relating to, or connected in any way with these Terms of Use, CardMoola Cash, or the CardMoola Cash Terms, this Site, or the purchase or sale of any Gift Cards or any other services offered on CardMoola (a "Dispute" ), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ( "AAA" ) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA, including, without limitation, the AAA Supplementary Procedures for Consumer-Related Disputes, available at http://www.adr.org. ("Rules and Procedures" ); except that you may bring a qualifying claim over a Dispute in a small claims court. The provisions of this Section 14 shall constitute your and CardMoola's written agreement to arbitrate Disputes under the Federal Arbitration Act ("Dispute Agreement") and that you and CardMoola are each giving up the right to go to court and have a Dispute heard by a judge or jury (except for the limited exclusion above in a small claims court or in the context of injunctive relief permitted below).

You agree further that: (A) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and CardMoola; (B) the arbitrator shall apply Maryland law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (C) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or CardMoola's individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (D) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, CardMoola will pay as much of your filing, arbitration and hearing fees in connection with the arbitration as the arbitrator deems necessary (not to exceed $10,000) to prevent the arbitration from being cost-prohibitive. CardMoola agrees not to seek attorney's fees and costs in arbitration unless the arbitrator determines the Dispute was frivolous. The arbitration shall be conducted based on written submission unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary.

(b) No Class Action. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member of a purported class, representative proceeding, or as an association. We each agree that any Dispute will be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator may not vary these terms.

(c) Choice of Law & Forum. Any and all Disputes shall be governed by the laws of the State of Maryland without regard to any conflicts of laws provisions. In the event any Dispute was to proceed in court, you agree that (i) the federal and state courts of the state of Maryland and Cook County shall have exclusive jurisdiction to adjudicate any such Dispute, (ii) you and CardMoola irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for the resolution of such Disputes and (iii) you and CardMoola agree to irrevocably waive any right to a trial by jury.

(d) Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or related to the infringement of a party's intellectual property or any conduct that violates Section 5 of these Terms of Use.

(e) Severability. If Section 16(b) above or Section 16(a),(c) above is ruled to be unenforceable, then Section 16(a) shall be deemed unenforceable, but the rest of this Section 16 shall remain in full effect.

17. Miscellaneous Provisions

(a) Force Majeure CardMoola shall be excused from performance under these Terms of Use, and the CardMoola Cash Terms, to the extent it is delayed or prevented from performing, as a result of any event or series of events caused by: (i) weather conditions or elements of nature or acts of God, (ii) acts of war, terrorism, insurrection, riot, political unrest, (iii) labor strikes, (iv) embargoes, (v) error or disruption to computer hardware, networks or software failures or of third party providers or (vi) other causes beyond the reasonable control of CardMoola.

(b) Entire Agreement These Terms of Use and The CardMoola Cash Terms, including the Privacy Policy and other terms incorporated by reference, constitute the entire agreement and understanding between you and CardMoola with respect to the subject matter covered and supersedes any prior agreements, whether in writing or oral, with respect to such subject matter.

(c) Assignment These Terms of Use and the CardMoola Cash Terms are not assignable, transferable, or sublicensable by you except with CardMoola’s prior written consent. CardMoola may transfer, assign or delegate these Terms of Use or the CardMoola Cash Terms and its rights and obligations hereunder without consent.

(d) Severability & Subject Headings To the extent that any term is deemed invalid or unenforceable by a court of law with jurisdiction over the matter, that term shall be severable and not affect the validity of remaining terms. The section headings used herein are for convenience only and shall be of no legal force or effect.

(e) Notice Any notice to the Site that is required or permitted by these Terms of Use or the CardMoola Cash Terms shall be in writing and shall be deemed effective upon receipt, when sent by confirmed Email to Legal@CardMoola.com, when delivered in person by nationally recognized overnight courier, or when mailed by first-class, registered or certified mail, postage prepaid, to:

CardMoola, LLC
Attention: Privacy Inquiry
10319 Westlake Drive Suite 142
Bethesda, MD 20817

Shipping & Delivery Methods

Shipping Policy

Updated Last: February 2, 2022

For Buyers

CardMoola gift cards are digital and arrive via email or SMS. If you purchase multiple cards within one order, your gift cards may arrive at separate times depending on the seller and card type. If you do not receive your gift card/s accordingly, please visit our Help Center.

• eGift Cards & Vouchers: Most electronic gift cards are delivered instantly to your registered email address, however processing may take up to 24 hours for additional verification.

*Buyers are responsible for entering their correct billing and digital delivery address. Buyers will be held responsible for any misrepresentation or incorrect delivery information.

Buy With Confidence

CardMoola 1-Year Money-Back Guarantee

Updated Last: February 2, 2022

We want to ensure you have the most positive experience on CardMoola. With this in mind, every order is backed by the following Money-Back Guarantee.

For 1 year from your original date of purchase, we cover:

• Cards that are not active
• Cards with an inaccurate balance
• Cards delivered as a different brand than ordered on CardMoola

For a period of 90 days from your original date of purchase, we cover:

• Digital cards not received within 30 days from the date of purchase on CardMoola, provided that you let CardMoola know within the first 90 days your digital card never arrived.

Our 1 Year Money-Back Guarantee does not cover:

• Requests received outside of one year
• Buyer’s remorse or change of mind
• Misinterpretation of card delivery method or timing of delivery
• Neglecting to apply a promotional code before a purchase
• Cards lost or misplaced by the buyer or receiver
• Cards merged onto external merchant apps or accounts against CardMoola Terms of Use, which could result in loss of card value
• Cards that are subsequently resold on any platform other than CardMoola or given to someone other than the original purchaser (other than gifts sent through CardMoola)
• Cards you have purchased on CardMoola at the request of a third party and which cards you then share or provide to a third party
• Cards not received due to incorrect shipping or delivery information
• Cards that are no longer honored when a retailer goes out of business or files for bankruptcy
• Cards for which a merchant has changed its redemption policies and/or procedures, provided the card can still be redeemed at the merchant
• Cards that have expired pursuant to a particular merchant’s gift card terms

The CardMoola 1-Year Money-Back Guarantee covers the purchase price of the card, not any savings, discount, or CardMoola Cash the buyer received at the time of purchase. If a portion of the card was redeemed, only a partial refund will be provided. If you have any questions or would like to request a refund for your order under the 1 Year Money-Back Guarantee, please contact CardMoola Member Services through our Help Center.

CardMoola Cash Terms

Last Updated: February 2, 2022

CardMoola Cash is a promotional reward program offered by CardMoola, LLC for CardMoola Members. For purposes of these CardMoola Cash Terms (the "CardMoola Cash Terms"), the terms "CardMoola," "we," "us," and "our" refer to CardMoola Marketplace Inc. The terms "Member," "you," and "your" apply to you as a Member of the CardMoola Cash program ("CardMoola Cash Program"). The term "account" refers to your CardMoola Cash Member account and the term "CardMoola Cash" refers to the promotional rewards earned as reflected in your Member account from time to time pursuant to these CardMoola Cash Terms. CardMoola may offer a variety of CardMoola Cash promotional points and reward points pursuant to various programs ("CardMoola Cash Programs" or "Programs") in connection with CardMoola.com and the CardMoola mobile applications (collectively, the "Site"). These CardMoola Cash Terms contain important information regarding the CardMoola Cash Programs. Please read these CardMoola Cash Terms carefully. These CardMoola Cash Terms are a binding agreement between you and CardMoola and will govern your participation in any and all CardMoola Cash Programs. By participating in any of the CardMoola Cash Programs, including earning and redeeming any CardMoola Cash offered under any of the Programs, you agree to these CardMoola Cash Terms, as well as the Terms of Use  https://www.cardmoola.com/terms-and-conditions  ("Terms of Use"), which are incorporated herein and can be found on the Site. CardMoola reserves the right to modify these CardMoola Cash Terms at any time, without notice to you, so you must check the CardMoola Cash Terms periodically. The CardMoola Cash Terms can be found throughout the Site.

1. Overview

CardMoola may offer one or more CardMoola Cash Programs under which you may have the opportunity to earn CardMoola Cash, which is redeemable on the Site. CardMoola Cash Programs may include additional terms and conditions that apply to a CardMoola Cash Program ("Additional Terms"), as well your participation in activities allowing you to earn CardMoola Cash (collectively, "Activities"). There may be limitations on the Activities and CardMoola Cash, so you should always be sure to review all applicable Additional Terms before deciding to participate in any particular CardMoola Cash Program. Some of the limitations on Activities and CardMoola Cash include (without limitation), our right to change or limit your ability to participate in certain activities or CardMoola Cash Programs; our right to change or limit the frequency of Activities and CardMoola Cash; our right to change or limit the amount of CardMoola Cash you can earn for any given Activities or during any given time period; our right to change the Activities and CardMoola Cash available and our right to change the period during which any CardMoola Cash can be redeemed on the Site. There are no costs or fees associated with the Programs or CardMoola Cash. CardMoola Cash is promotional and has no cash value. The Company may limit, suspend or terminate your ability to participate in a CardMoola Cash Program in its sole and absolute discretion, and may void any CardMoola Cash or potential CardMoola Cash you may have earned or accumulated in any CardMoola Cash Program if we determine in our sole discretion that you have not complied with these CardMoola Cash Terms, the Terms of Use or any Additional Terms applicable to such participation or any particular CardMoola Cash Program. You agree to abide by the final and binding decisions of CardMoola regarding any CardMoola Cash Program and your participation in it. We reserve the right to change, suspend, or cancel all or a portion of a CardMoola Cash Program, including any CardMoola Cash you may have accrued, at any time without prior notice to you. Upon termination or discontinuance of any Program(s), unused or unredeemed CardMoola Cash associated with such Program(s) may immediately and automatically expire and may not be redeemable on the Site or otherwise.

2. Program Period

The CardMoola Cash Programs will continue until terminated, suspended, modified, or converted to another CardMoola Cash Program by CardMoola (the "Program Period"). CardMoola may change the Program Period at any time and may determine to terminate any CardMoola Cash Program Period in its sole discretion, in particular, if it believes any CardMoola Cash Program is being abused or is otherwise not accomplishing the intended purpose of the CardMoola Cash Program.

3. Eligibility

To participate in any CardMoola Cash Program, you must first register for a CardMoola Member account at https://www.cardmoola.com/register, on CardMoola mobile applications or such other locations as identified by any CardMoola Cash Program and become a Member of CardMoola. To register as a Member, you must meet the registration criteria specified in the Terms of Use. All Members are required to comply with the Terms of Use of the Site at all times. CardMoola reserves the right to disqualify any Member from participating in the CardMoola Cash Program, and to invalidate any and all CardMoola Cash for abuse, fraud, or any violation of these CardMoola Cash Terms, any other Additional Terms of a CardMoola Cash Program, or the Terms of Use, at its sole discretion. You agree that you may only have ONE Member account on the Site and that to the extent CardMoola determines you have established more than ONE Member account on the Site, CardMoola will be permitted to cancel the Member account and any CardMoola Cash associated with the additional CardMoola Member account(s) will be forfeited. Your Member Account is personal to you and is non-transferrable. In the event we terminate your Member account for any reason, any CardMoola Cash associated with your Member account is void. If you have registered for a Member account, you are responsible for safeguarding your password and any other credentials used to access the Member account. You, and not CardMoola, are responsible for any activity occurring in your Member account, whether or not you authorized that activity. If you become aware of any unauthorized access to your Member Account, you should notify CardMoola immediately.

4. CardMoola Referral Program Terms & Limitations

One of the Programs offered by CardMoola is the "CardMoola Referral Program," whereby a Member is rewarded for referring friends to CardMoola. Once you have become a Member, you can begin accruing CardMoola Cash under this Program (the "Referral CardMoola Cash"). You can share savings with your friends through CardMoola’s referral program via Email, text, Facebook, Twitter, or word-of-mouth. If you refer a friend who then signs up for CardMoola, and within 30 days of signing up spends a minimum of $1 of their own money on a single order, CardMoola will give you $5in Referral CardMoola Cash. Friends referred to CardMoola through this program have 30 days to enter their claim code to receive their CardMoola Cash and qualify the referring Member for their Referral CardMoola Cash. For example, if a Member refers a friend to CardMoola through this Program and the referral enters their claim code for a purchase of a gift card on CardMoola within 30 days of the Member’s referral and the referral spends at least $1 or more of their own money on the gift card, then the referring Member will earn $5 in Referral CardMoola Cash, which will have an expiration timeframe of 180 days. CardMoola reserves the right to change any terms of the CardMoola Referral Program, including the minimum amount that must be spent to use the Referral CardMoola Cash, limit how or when the Referral CardMoola Cash can be redeemed and whether there are limitations as to how any Referral CardMoola Cash can be used in combination with any Promotional CardMoola Cash or Promotional CardMoola Cash Programs. You agree that any and all Referral CardMoola Cash claim codes in this Referral Program: (i) must be used for the intended audience and purpose of this Program; and (ii) may not be duplicated, sold, or transferred. Furthermore, participants in this CardMoola Cash Referral Program may not offer additional consideration to referrals in this Program, including any offer of consideration to enter their claim codes for a purchase transaction on the Site. You can check your CardMoola Cash balance in your "My Account" section on the Site.

5. Promotional CardMoola Cash Programs Terms & Limitations

CardMoola also offers a variety of promotional CardMoola Cash Programs, whereby CardMoola will provide or offer certain persons CardMoola Cash in conjunction with various promotional events, programs, and initiatives. These promotional CardMoola Cash Programs will often identify a time limitation for redeeming any CardMoola Cash associated with a particular promotional CardMoola Cash Program, after which, any such CardMoola Cash will no longer be redeemable or valid for redemption on the Site. CardMoola may identify Additional Terms for any Promotional CardMoola Cash Program that may (i) limit who can use or redeem promotional CardMoola Cash, including if it is for new Customers only, (ii) limit when promotional CardMoola Cash can be used, (iii) limit what promotional CardMoola Cash can be used to purchase, (iv) limit how much promotional CardMoola Cash is available to be redeemed in a particular CardMoola Cash Program, (v) limit the combination of any particular promotional CardMoola Cash with other promotional CardMoola Cash or Referral CardMoola Cash and (vi) provide other particular terms and conditions specifically related to that promotional CardMoola Cash Program. If any of these terms are not being complied with by any Customer of CardMoola, then CardMoola reserves the right to not honor the redemption of any such Customer’s promotional CardMoola Cash. Furthermore, CardMoola reserves the right to limit the amount of promotional CardMoola Cash offered under any CardMoola Cash Program at any time, including the right to terminate any CardMoola Cash Program in its sole discretion. CardMoola, in its sole discretion, may at any time change minimum spend thresholds for taking advantage of any particular promotional CardMoola Cash Program. This change will be reflected at the time of check-out for the Customer. Furthermore, CardMoola can refuse redemption of certain CardMoola Cash promotional codes, to the extent such codes have been promoted by a source not authorized by CardMoola or contemplated for that particular CardMoola Cash Program. Again, to the extent any promotional CardMoola Cash Program is limited to new Customers or single-use, CardMoola may not honor any promotional CardMoola Cash they believe to violate this term or limitation, including if CardMoola determines you have more than one Customer account on CardMoola.

6. Promotional CardMoola Cash Earned through the CardMoola Pay Program

Each Member is automatically enrolled to participate in the CardMoola Pay Program associated with the purchase of certain full-value gift cards on the Site (the "CardMoola Pay Program"), although CardMoola reserves the right to limit participation in its sole discretion. Under the CardMoola Pay Program, each Member is permitted to earn CardMoola Cash each time a Member purchases a gift card included in the CardMoola Pay Program. Each time you purchase a gift card included in this CardMoola Pay Program, we will post CardMoola Cash to your Member account for redemption on the Site. CardMoola Cash earned through the CardMoola Pay Program will have an expiration timeframe of two (2) years from the date it was earned. CardMoola reserves the right to change, suspend or terminate the CardMoola Pay Program, or any part of it, at any time and at our sole discretion. Notice will be provided via Email to the Email associated with your Member account.

7. Redemption of CardMoola Cash

CardMoola Cash is redeemable toward purchases of gift cards and other closed-loop products solely sold on the Site, and you can redeem them during the checkout process. All redemptions of your CardMoola Cash are final. If you use CardMoola Cash to purchase a gift card on the Site and that gift card is subject to a customer service credit under our 1-Year Money-Back Guarantee  https://www.cardmoola.com/terms-and-conditions , we will refund you any CardMoola Cash used on that particular purchase into your Customer account. Likewise, we reserve the right to remove any CardMoola Cash earned where the qualifying Activities or event is no longer valid. To redeem your CardMoola Cash, simply add items to your shopping cart and click the "Checkout" or "Buy Now" button (if you’re not already signed in, the next screen will prompt you to sign in to your Customer account). Continue through the checkout process. When you get to Checkout, you’ll see the total amount of CardMoola Cash available to redeem with your purchase. By default, CardMoola Cash will be applied toward your order and the dollar value will be deducted from your order total unless you unclick the box to indicate that you do not want the CardMoola Cash applied. You will be asked to use another payment method to pay the remaining balance. You cannot redeem CardMoola Cash for more than the total amount of your purchase. Customers may apply all, some, or none of their CardMoola Cash to order. There may be limitations as to whether certain Referral CardMoola Cash and other promotional CardMoola Cash (or promotional codes) may be redeemed in combination with each other. If this is the case, you will be notified at checkout, giving you the option to choose between using CardMoola Cash and/or a promotional code for that particular order. If you choose the latter, know that the CardMoola Cash will remain in your account until the relevant expiration date of such CardMoola Cash.

8. No Cash Value, Non-Transferability, and No Ownership

CardMoola Cash are for promotional purposes only, is not to be considered property in any way, and has no cash value or other value unless redeemed toward a purchase on the Site in accordance with these terms.
CardMoola Cash is not transferable and cannot be bought, sold, gifted, or applied to any other account. CardMoola Cash is for the benefit only of the Member who has earned that CardMoola Cash in accordance with the relevant Program.
A Member may not otherwise redeem CardMoola Cash for cash. CardMoola Cash can only be redeemed toward the purchase of gift cards or other closed-loop products on the Site. CardMoola Cash is not a gift card. If your Member Account is closed for violating our Terms of Use or these CardMoola Cash Terms, you may lose access to your CardMoola Cash and may no longer be able to redeem your CardMoola Cash on the Site.

9. Service Credits & Returns

CardMoola Cash earned via purchases on the Site will be rescinded in the event that such purchase transaction is refunded or canceled for any reason. If you earn CardMoola Cash with a purchase transaction that is later refunded or canceled, and you have already redeemed the CardMoola Cash earned for that purchase transaction, CardMoola may do any combination of the following: (a) cancel the transaction, (b) interrupt delivery of any gift cards, (c) withhold subsequent CardMoola Cash awards, or (d) deduct CardMoola Cash from your Member account, which may result in a negative balance in your CardMoola Cash Member account. Furthermore, CardMoola reserves the right to deduct future awards of CardMoola Cash from your Member account to satisfy any amount you may otherwise owe CardMoola under the Terms of Use  https://www.cardmoola.com/terms-and-conditions  or the CardMoola Cash Terms. Alternatively, CardMoola reserves the right to suspend your Member account until it is brought current.

10. CardMoola Cash Expiration

CardMoola Cash earned under the CardMoola Pay Program that has not been redeemed within two (2) years from the time such CardMoola Cash was earned by the Member under that Program may be deemed expired and removed from your Member account. Similarly, CardMoola Cash earned under the CardMoola Referral Program that has not been redeemed within 180 days from the time such CardMoola Cash was earned by the Member under that Program may be deemed expired and removed from your Member account. CardMoola Cash earned under any other promotional CardMoola Cash Program will expire in accordance with the Additional Terms associated with such CardMoola Cash and CardMoola Cash Programs. The expiration date of any CardMoola Cash you have earned will be set forth in your Member account. CardMoola shall be the sole determiner of such expiration date and the expiration date determined by CardMoola shall be final and binding in all respects. If a Member does not redeem CardMoola Cash prior to the expiration date, the Member forfeits all such CardMoola Cash and the CardMoola Cash will cease to exist in the Member’s account. Your "My Account" section on the Site lists your CardMoola Cash history and displays when that particular CardMoola Cash will lapse and cease to be valid CardMoola Cash in your Member account. CardMoola reserves the right to modify its CardMoola Cash expiration rules and policies for any CardMoola Cash Programs from time to time. If your CardMoola Cash expires pursuant to such then-current rules and policies, we may remove such CardMoola Cash from your Member Account, without any compensation or further obligation to you regarding such expiring CardMoola Cash.

11. Inactive CardMoola Customer Accounts

Any CardMoola Customer account that has not been logged into and CardMoola Cash either earned or redeemed or gift cards purchased, or used for two years or more may be deemed inactive and the Customer account may be closed as inactive by CardMoola. In such instances, to request CardMoola account reactivation (subject to our then current CardMoola Cash Terms and our Terms of Use and existing policies and procedures) you may reach us by contacting CardMoola Customer Support at support@cardmoola.com or (800) 288-3060. We may modify our inactive Customer account rules and policies in our CardMoola Cash Programs from time to time, and if your Customer account is deemed inactive pursuant to such then-current rules or policies, we may close your account, without any compensation or further obligation to you.

12. CardMoola Cash Taxability

CardMoola Cash may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to Member. Members are solely responsible for reporting such items on their tax returns and paying any associated tax liability.

13. Disclaimer of Warranties

In addition to the Disclaimer of Warranties & Waiver of Claims section contained in the Terms of Use, CardMoola makes no warranty in any respect as to any CardMoola Cash, merchandise, or service available within the CardMoola Cash Programs.

14. Termination and Suspension of Participation in Program

CardMoola may (in its sole discretion) prohibit, terminate, or suspend any Member’s participation in any aspect of a Program if CardMoola determines (or suspects) that such Member has engaged in or has attempted to engage in any: (i) act in violation of these CardMoola Cash Terms, the Terms of Use or any Additional Terms applicable to that particular CardMoola Cash Program; (ii) action that could damage, tamper with or corrupt the operation of any CardMoola Cash Program or the Site; (iii) act with the intent to annoy, harass or abuse any other person; (iv) inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (v) activity deemed, in the sole discretion of CardMoola, to be generally inconsistent with the intended operation or purpose of the particular CardMoola Cash Program. Any decision CardMoola makes relating to termination or suspension of any Member’s participation in the Program shall be final and binding in all respects. CardMoola shall be the sole determiner in cases of suspected abuse, fraud, or breach of these CardMoola Cash Terms, the Terms of Use, or any Additional Terms. If you (or CardMoola) close your Member account or terminate your participation in a particular Program, all CardMoola Cash will be forfeited, even if your Member account is later reopened or you re-enroll in the Program.

15. About Gift Cards

The gift cards offered by CardMoola on the Site are subject to each individual retailer’s policies and program terms. For details, see the information on the back of the gift card or visit the relevant retailers’ websites for their particular terms & conditions governing a particular gift card.

16. Release

By participating in any CardMoola Cash Program, a Member releases CardMoola, its parent company, subsidiaries, affiliates, suppliers, advertising partners, and promotions agencies and their respective directors, officers, employees, and agents (collectively, "Released Parties") from any and all liabilities, claims, losses, damages, costs or expenses, arising from or related to, the relevant Program, the CardMoola Cash Programs and/or the earning, use, loss or redemption of any CardMoola Cash.

17. Indemnification

Members agree to indemnify, defend and hold the Released Parties harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to (a) any breach by Member of any of these CardMoola Cash Terms (including any applicable Additional Terms), (b) any breach by Member of the Terms of Use, or (c) any violation by Member of applicable law.

18. Entire Agreement, Governing Law, Venue & Arbitration

These CardMoola Cash Terms, the Terms of Use and any Additional Terms reflect all of the terms applicable to your participation in any CardMoola Cash Program and the CardMoola Cash earned thereunder. The laws of the State of Illinois shall govern these CardMoola Cash Terms. Members hereby expressly consent to the exclusive jurisdiction and venue in the courts located in the State of Illinois, Cook County, for all matters arising in connection with these CardMoola Cash Terms or Member’s participation in the Program.
Member further agrees that any dispute related to CardMoola Cash, any CardMoola Cash Program and the CardMoola Cash Terms will be subject to the arbitration provisions set forth in the Terms of Use, which all Members agree to before being permitted to participate in any CardMoola Cash Program on the Site.
Your participation in the CardMoola Cash Program is governed by the Terms of Use and these CardMoola Cash Terms. In the event of a conflict between the terms and conditions of these CardMoola Cash Terms and the Terms of Use, these CardMoola Cash Terms shall control.

19. Changes to the CardMoola Cash Terms

The most current version of the CardMoola Cash Terms will be posted to the Site. Changes to the CardMoola Cash Terms will be effective upon posting to the Site unless otherwise required by applicable law. At our sole discretion, we may also inform you of changes to the CardMoola Cash Terms via Email and/or in-app notifications. If you do not agree to the changes to the CardMoola Cash Terms, you should stop using your Member account and the mobile application and Site functionality related to CardMoola Cash. Your continued use of the mobile applications, Site, or Member account constitutes your acceptance of and agreement to be bound by the updated CardMoola Cash Terms.

California Privacy Notice

Effective Date: November 1, 2020

This notice reflects our good faith understanding of the California Consumer Privacy Act (the“CCPA”) and our data practices as of November 1, 2020, but the CCPA’s implementing regulations are not yet final, and there remain differing interpretations of the law. Accordingly, we may update information regarding our data practices and your rights, modify our methods for responding to your requests, and/or supplement our response to your requests, as we continue to develop our compliance program to reflect the evolution of the law and our understanding of how it relates to our data practices.

This California Privacy Notice (“Notice”) applies to “Consumers” as defined by the California Consumer Privacy Act (“CCPA”) as a supplement to CardMoola’s (“CardMoola” “us” “we” “our”) other privacy policies or notices. In the event of a conflict between any other CardMoola policy, statement, or notice and this Notice, this Notice will prevail as to California Consumers and their rights under the California law. Please see also any general privacy policy or notice posted or referenced on our websites, apps, products, or services including, without limitation our online Privacy Policy.

This Notice covers our collection, use, disclosure, and sale of California Consumers’ “Personal Information” (“PI”) as defined by the CCPA, except to the extent such PI is exempt from the notice obligations of the CCPA for the twelve months preceding the Effective Date. As a law firm, much of the data we collect and the process is not subject to CCPA Consumer rights. Without limiting the foregoing:

• Consistent with the CCPA, job applicants, current and former employees, and independent contractors, other than prospective, current, and former partners of CardMoola (“Personnel”), and subjects of certain business-to-business communications acting solely in their capacity as representatives of another business are not considered “Consumers” for purposes of this California Privacy Notice or the rights described herein.
• PI subject to an evidentiary privilege, such as the attorney-client privilege and/or attorney work-product protection, is not subject to Consumer rights to know (Consumer-specific information and copies), delete, or opt-out under the CCPA as described in Section II; however, we do include this PI in the general disclosures in Section I.
• Publicly available information (as defined by the CCPA) is not PI under the CCPA and not included in the disclosures under Section I and is not data to which Consumers have rights as described in Section II.

1. COLLECTION AND USE OF PERSONAL INFORMATION

We collect PI about California Consumers, which in the calendar year 2019 included the following:

In addition, we may collect, use, and disclose your PI as required or permitted by applicable law. We do not treat de-identified data or aggregate consumer information as PI, and we reserve the right to convert, or permit others to convert your PI into de-identified data or aggregate consumer information.

We may share your PI with our Service Providers, including those that facilitate advertising and marketing, and other categories of recipients as described in the table above, for the same purposes as the collection purposes set forth in that chart. Subject to the CCPA’s restrictions and obligations, our Service Providers also may use your PI for some or all of the above-listed business purposes. Our Service Providers may themselves engage service providers or subcontractors to enable them to perform services for us, Such sub-processing is an additional business purpose for which we are providing you notice.

CardMoola does not believe it has sold (as the term “sale” is defined by the CCPA) Consumer PI in 2019. As the law evolves we may revisit this conclusion and, if applicable, revise this Notice. See Section II below regarding our current conclusion that data collection by third-party cookies associated with our websites is not a sale under the CCPA.

2. CALIFORNIA PRIVACY RIGHTS

Under the CCPA, California Consumers have certain rights which they may exercise independently or through an authorized agent. As permitted by the CCPA, any request you submit to us is subject to an identification and verification process, which will depend on the nature of the request and the PI requested and will be further explained in response to a request. We will not fulfill your CCPA request unless you have provided sufficient information for us to be satisfied that you are the Consumer about whom we collect the applicable PI. Please promptly respond to any follow-up inquiries so that we may verify your identity. If you request that we provide you with specific pieces of information about you, or that we delete sensitive PI, we may apply heightened verification standards than what we would apply to other types of requests. Authorized agents who meet the agency requirements of the CCPA may submit requests on behalf of Consumers, which will also be subject to a verification process.

Some PI we maintain about Consumers (e.g., clickstream data) is not sufficiently associated with enough PI about Consumers for us to be able to verify that it is a particular Consumer’s PI. Accordingly, we will not include such information in response to Consumer requests. If we cannot comply with a request, we will explain the reasons in our response. We will use PI provided in your request only to verify your identity or authority to make the request and as necessary to track and document requests and responses unless you also provided the PI to us for another purpose

We will make commercially reasonable efforts to identify Consumer PI that we collect, use, store, disclose, or otherwise process and to respond to your California Consumer privacy rights requests. In some cases, particularly with voluminous and/or typically irrelevant data, we may provide you with a summary of your PI and give you the opportunity to select whether you want us to provide the entire data set. Alternatively, we may direct you on how to access and copy responsive PI yourself. We may charge a reasonable fee or refuse to act upon a request if the request is excessive, repetitive, unfounded, or overly burdensome. If we determine that the request warrants a fee, or that we may decline to comply with the request, we will give you notice explaining why we made that decision. In the case of a fee, we will provide a cost estimate and the opportunity to accept such fees before charging you for responding to your request.

We may collect, use, and disclose your PI as required or permitted by applicable law, and this may override your CCPA rights. Please also note we are not obligated to comply with Consumer requests to the extent that doing so would infringe on our, or any other person’s or party’s rights, or conflict with applicable law.

Your California Consumer privacy rights are described below. To make a request, contact us here, or by emailing us and provide us with your name, Email address, phone number, the nature of your inquiry, and, if you are disabled, any accessibility accommodations you require.

Disclosure Rights

(a) Information Rights
You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the requested date:

For your specific pieces of information, as required by the CCPA, we will apply the heightened verification standards set forth in subsection (ii) below and may exclude that information if you cannot meet those standards. If we cannot verify you to a reasonable degree of certainty, we will not deliver the category information either but will refer you to the disclosures in Section I above.

Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back twelve months prior to the request.

(b) Obtaining Copies of PI

You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your PI that we have collected in the period that is twelve months prior to the requested date and are maintaining. In order to protect the privacy and data security of Consumers, we will require a high degree of certainty that we have verified that a requester is a requesting Consumer or the Consumer’s authorized agent. In addition, consistent with the CCPA and our interest in the security of your PI, we will not deliver to you your social security number, driver’s license number, or other government-issued identification numbers, financial account number, any health or medical identification number, an account password, or security questions or answers in response to a CCPA request.

Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back twelve months prior to the request.

“Do Not Sell” Rights

We may disclose your PI for the following purposes, which are not a sale: (i) if you direct us to share PI; (ii) to comply with your requests under the CCPA; (iii) as part of a merger or asset sale; and (iv) as otherwise required or permitted by applicable law.

We do not believe that we sell California Consumer PI as defined under the CCPA. Until such time as we change our practices and update this Privacy Notice, we will treat PI collected under this Notice is subject to a “do not sell” request. However, although there is not yet an industry consensus, we do not believe that the collection of data by third-party cookies and other technologies on our website and online services is a sale of your personal information by us. See our Privacy Policy for certain choices you have regarding cookies. We also offer a cookie management tool that enables you to exercise certain cookie preferences, available when accessing any of our online services. You will have to exercise cookie preferences using each device you use to access our online services in order for those preferences to be applied to each device, and, if you block or delete cookies, your preferences may not be or remain effective. As the law and an industry consensus may develop regarding cookies and the CCPA, we will reevaluate our approach to cookies and may change the way we treat cookies and other online tracking technologies.

Some browsers have signals that may be characterized as “do not track” signals, but we do not understand them to operate in that manner or to signify a “do not sell” request. We understand that various parties are developing “do not sell” signals, and we may recognize such signals in the future if we conclude such a program is appropriate.

We do not knowingly sell the PI of Consumers under age 18.

Deletion Rights

You may request that we delete the PI that we have collected directly from you. Under the CCPA, we may decline to delete your PI under certain circumstances, for example, if we need the PI to complete transactions or provide services you have requested or that are reasonably anticipated, for security purposes, for internal business purposes (including maintaining business records), to comply with the law, or to exercise or defend legal claims. Note also that we are not required to delete your PI that we did not collect directly from you. We require a reasonable or high degree of certainty that the requester is the Consumer for which a deletion request is applicable, depending on the sensitivity of the PI.

Non-Discrimination

We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights.

Other California Privacy Rights

We do not share personal information as defined by California Civil Code Section 1798.83 (“Shine the Light law”) with third parties for their direct marketing purposes absent your consent. If you are a California resident, you may request information about our compliance with the Shine the Light law by contacting us here or by sending a letter to CardMoola, LLC: 10319 Westlake Drive Suite 142, Bethesda, MD 20817, (Attention: Privacy Inquiry). Any such request must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and Postal Code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this Email address or mail address.

When you visit our online services, we and third parties may use tracking technologies to collect usage information based on your device for a variety of purposes, including serving you advertising, based on your having visited our services or your activities across time and third-party locations. Some browsers may enable you to turn on or off a so-called “Do Not Track” signal. Because there is no industry consensus on what these signals should mean and how they should operate, we do not look for or respond to “Do Not Track” signals. For more information on tracking and targeting and your choices regarding these practices, see our online Privacy Policy. We also offer a cookie management tool that enables you to exercise certain cookie preferences, available when accessing any of our online services.

Please note that “Shine the Light” rights and CCPA rights are established under different legal regimes and must be exercised separately.

CONTACT US

For more information regarding your California privacy rights, please contact CardMoola here,

CardMoola, LLC
Attention: Privacy Inquiry
10319 Westlake Drive Suite 142
Bethesda, MD 20817

No Refund Policy for Digital Products

Last Updated: February 2nd, 2022

Due to the non-returnable nature of digital products, once gift card orders have been submitted, no refunds are allowed. Please visit Help Center if you have any issues with your order.