Agreement between User and Gift Card Place, Inc (GiftCardPlace)
Welcome to MrBalanceCheck.co.nz, a website owned and operated by Gift Card Place, Inc. (the «Site»). This Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of MrBalanceCheck.co.nz constitutes your agreement to all such Terms.
Please read these terms carefully and keep a copy of them for your reference. By using the Site, you have agreed to the terms and conditions herein.
Gift Card Place, Inc. has implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information at your own risk.
Use of Site
Your use of and browsing of this Site is at your own risk. Gift Card Place, Inc. nor any other party involved in the production, creation, or the delivery of this Site in no event is liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your use if this Site. In addition, Gift Card Place, Inc. assumes no responsibility and shall not be liable for any damages to your computer from downloading materials, data, text, images or video from this Site. By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. Our site uses affiliated links to earn commissions. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
The materials on MrBalanceCheck.co.nz's web site are provided "as is". MrBalanceCheck.co.nz makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, MrBalanceCheck.co.nz does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.
This Site is for users 18 years old and older. Users under the age of 18 may only use this site if the user has the permission of his/her parent or guardian or if the user is legally emancipated. All users under the age of 18 must be fully able, competent, and fully understand the Terms. At no time may any user be under the age of 18 years old.
If the User wishes to receive gift card inventory alerts, then User needs to establish an Account.
By using this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. . You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Gift Card Place, Inc. is not responsible for third party access to your account that results from theft or misappropriation of your account. Gift Card Place, Inc. and its associates reserve the right to refuse or cancel service and terminate accounts. If your account has been breached, please notify Gift Card Place, Inc. immediately.
By providing your email, you agree that Gift Card Place will send you messages regarding the Site, changes to Site features, and offers by the Site. If you do not wish to receive these messages, you may change preferences on your account page or notify the Site via email.
Revisions and Errata
The materials appearing on MrBalanceCheck.co.nz's web site could include technical, typographical, or photographic errors. MrBalanceCheck.co.nz does not warrant that any of the materials on its web site are accurate, complete, or current. MrBalanceCheck.co.nz may make changes to the materials contained on its web site at any time without notice. MrBalanceCheck.co.nz does not, however, make any commitment to update the materials.
Lapsed User Accounts
If a User does not access his or her account for a period of 90 days or more, Gift Card Place may, in its sole discretion, terminate such User account. Therefore, Gift Card Place strongly recommends that all Users keep their accounts and contact data current and in use. Gift Card Place has no obligation to maintain accounts that appear to have been abandoned. Each user agrees that a failure to access his/her account for 90 days or more indicates that the user's account has been abandoned and that the account may be terminated.
Some of the Site features may allow Users to post feedback, comments, or questions to this Site. You are solely responsible for the feedback, comments, and/or questions you upload, publish, display or link to the Site. Gift Card Place does not guarantee any confidentially in any feedback, comments, or questions posted to the Site. In addition, GiftCardPlace, Inc. is not responsible for any information posted by Users.
Links to third party sites/Third party services
This Site links to other websites and to advertisers ("Linked Sites"). The Linked Sites are not under the control of GiftCardPlace, Inc. and Gift Card Place, Inc. is not responsible for the contents of the Linked Sites, including without limitation any link contained in the Linked Sites, or any changes or updates to the Linked Sites. Gift Card Place, Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site or any association with its operators. Gift Card Place,Inc. is also not responsible for any content that is linked via any of the social networking site links provided on the webpage. Gift Card Place, Inc. suggests you review the terms and conditions of any Linked Sites.
No Unlawful or Prohibited use/Intellectual Property
GiftCardPlace, Inc., www.MrBalanceCheck.co.nz, the Gift Card Place, Inc. logo, and all other trademarks, service marks, graphics and logos used in connection with Gift Card Place, Inc., or the Website are trademarks or registered trademarks of Gift Card Place, Inc. or Gift Card Place, Inc. licensors
User will not modify, publish, transmit, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Copyright Infringement and DMCA Notice
As Gift Card Place, Inc. asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Gift Card Place.com violates your copyright, you are encouraged to notify GiftCardPlace. In order for your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit GiftCardPlace to contact you, such as your address, telephone number, and, e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Gift Card Place, Inc.
PO Box 719
Ellicott City, MD 21041
Email: [email protected]
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying GiftCardPlace and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Gift Card Place's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Gift Card Place has adopted a policy of terminating, in appropriate circumstances and at Gift Card Place's sole discretion, members who are deemed to be repeat infringers. Gift Card Place may also at its sole discretion limit access to the Site and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Prizes, Special Offers, & Promotional Vouchers
From time to time Gift Card Place, Inc. may offer prize, special offers, or promotional vouchers. These prizes, special offers, and promotional vouchers cannot be exchanged, extended, or refunded.
You agree to indemnify, defend and hold harmless Gift Card Place, Inc., for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Gift Card Place, Inc. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with in asserting any available defenses
GIFT CARD PLACE, INC. MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. GIFTCARDPLACE, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
General Representation and Warranty.
Disclaimer of Warranties.
The materials on the Site are provided ‘as is’. Gift Card Place, Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Gift Card Place, Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this Site. Specifically, while Gift Card Place, Inc. tries to maintain the accuracy of the Site, there may be errors, which may relate to pricing, gift card descriptions, and/or gift card availability.
Gift Card Place, Inc. reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Gift Card Place, Inc. with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Gift Card Place, Inc. with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
This contract is governed by the law of Maryland. Any court actions shall be filed and take place in Maryland county of Howard.
Changes to Terms
Gift Card Place, Inc. reserves the right, in its sole discretion, to change the Terms under which MrBalanceCheck.co.nz is offered. The most current version of the Terms will supersede all previous versions. Gift Card Place, Inc. encourages you to periodically review the Terms to stay informed of our updates.
Questions or comments, please contact us!
Last update as of April 01, 2019.