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Terms of Service | Deposit a Gift

Terms and Conditions

This website (Depositagift.com) is the property of Deposit a Gift LLC (Deposit a Gift) and is offered for use to you, the customer, conditioned on your acceptance, without modification, of the terms, conditions and notices contained herein. Your use of this website, both as a visitor, Deposit a Gift (DAG) user and as a gift-giver, constitutes your agreement to all such terms, conditions and notices.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY
THESE TERMS AND CONDITIONS.

 
Use of This Site
Deposit a Gift maintains this website is for your personal use, entertainment, education and communication. You should assume everything you see or read on the website is the property of Deposit a Gift and its licensers or partners. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works, transfer or sell information without the prior written permission of Deposit a Gift.
 
Rights of Deposit a Gift
  • Deposit a Gift has the right to: 
    • Change the Terms and Conditions of Use
      • Deposit a Gift reserves the right to change the Terms and Conditions of Use at any time and without prior notice to the DAG user. Such changes will be effective only when they are posted to the Terms and Conditions of Use section of the website.
    • Modify and Discontinue Deposit a Gift
      • Deposit a Gift reserves the right to modify or discontinue Depositagift.com at any time without notice after distribution of DAG user gift money balances. Details about gift money balances are as follows:
        • The "total earned" that is listed within a DAG user’s personal dashboard is representative of what a registrant has received in gifts. Registry users have the option to absorb the fee themselves or have the gift-giver pay the fee. If they have chosen to have the gift-giver pay the service fee, which is levied once at the point of purchase, then this is the entire sum they are ultimately due; no further service fees will be levied at the point of pay-out (referred to on the site as “cash-out”), unless the user selects to receive their money in a manner that requires additional fees (ie. via international wire transfer; regular check and regular USPS delivery is free, both in the U.S. and internationally). If the registry user has chosen to pay the service fee themselves, this will be levied at the point of "cash-out," and therefore the sum listed as "total earned" is not representative of the entire sum that they are due; it will be this earned amount, minus the 7.5% service fee. If the user selects to receive their money in a manner requiring additional fees, as mentioned above, then these will be assessed during cash-out as well. Fundraiser users do not have the option to choose who pays the service fee. Fundraiser users always absorb the fee, which is deducted at the point of cash-out. Fundraiser users have the option to choose from 3 plans which dictate their service fee: Basic (7.5%), Full Service (6.5%) and Total Control (5.5%). The amount raised is clearly identified on the user’s personal dashboard, as is the fee that will be deducted.

          • There will be two (2) balance quantities noted in a DAG user’s account, one that reflects the total amount that has been earned and the other that reflects the amount that is available for redemption (known as “cash-out”). These amounts may not be the same if there are any gifts that have been purchased in the past 72 hours. To protect against fraud, we hold all gift amounts for 3 days to ensure that they clear with the credit card company. Once cleared, the money is listed as available for cash-out.

    • Remove user materials from the website
    • Without reference to the user and in its absolute discretion remove any user materials from the website in order to rectify such breach or terminate the provision of its services and do all such things as it considers appropriate to prevent the user gaining access to or using the Website
    • Publish, (or cease to publish), reproduce, use, adapt and manipulate all materials posted on the website
    • Correct any errors, inaccuracies or obvious omissions in the materials on the website without prior notice to the users
    • Send email communications about the service to anyone who has created an account or given a gift
    • Shut the website down or suspend access to the website for the purpose of improving, maintaining or altering it or as otherwise required by law
    • Terminate the use of the website on not less than 7 days' notice, unless required by law
    • Terminate a DAG site's unique URL (web address), and the associated site, on not less than 7 days' notice, unless required by law
    • Refuse to accept P.O. Boxes as an acceptable form of mailing address for users to receive their gift money
    • Void any charges that appear to be fraudulent or done in error
    • Terminate any registry or fundraiser that appears to be promoting hateful, violent or threatening acts against another
    • Terminate any registry or fundraiser that appears to have been created for the purpose of fraudulent or illegal activity
 
Service Fee
Deposit a Gift does not have a fee to sign-up and create an account. For the use of the Registry Platform, there is a total service fee of 7.5% (broken down to: 4% Deposit a Gift transaction fee + standard 3.5% credit card processing fees) on each total registry purchase [1 registry purchase may include as many items from the registry that the gift-giver would like to buy in one (1) transaction]. The service fee comprises the credit card processing fee due by us to the merchant bank, and Deposit a Gift’s administrative fee. Registry users choose who will pay the service fee (ie. the DAG user or the gift-giver) during the registry set-up process. Once registry users begin to receive gifts (ie. once they receive 1 gift), they cannot change their preference regarding who pays the service fee. For the use of the Fundraising Platform there are 3 service fee plan options for the DAG user to choose from: Basic Plan – 7.5% (broken down to: 4% DAG transaction fee + standard 3.5% credit card processing fees), Full Service Plan – $49 flat one-time charge yields 6.5% (broken down to: 3% DAG transaction fee + standard 3.5% credit card processing fees) and Total Control Plan – $149 flat one-time charge yields 5.5% (broken down to: 2% DAG transaction fee + standard 3.5% credit card processing fees).
 
Submission of Your Content
By submitting and/or posting any material to the website (Content), you automatically grant to Deposit a Gift a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, edit, translate, distribute, perform, create derivative work of and display such Content alone, or as a part of other works in any form, media, or technology, whether now known or hereafter developed. As a user, you are responsible for your own Content and are responsible for the consequences of your posting such Content. You must not do the following things: post materials that are copyrighted, unless you are a copyright owner or have the permission of the copyright owner to post it; post material that violates any law or infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image; post or transmit any advertisements, promotional materials, "junk mail," "spam," chain letters, pyramid schemes or any form of solicitation; impersonate another person or misrepresent your affiliation with any person or organization; access the website to obtain a list of users of the website; access or use any secure or non-public areas of the website without authorization; or frame or link to the website. Although we periodically review the Content posted on our site, Deposit a Gift does not represent or guarantee the truthfulness, accuracy, or reliability of any Content posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. Deposit a Gift does not screen user Content in advance and is not responsible for screening or monitoring material posted/sent by users. If Deposit a Gift becomes aware of any Content that allegedly does not conform to these Terms and Conditions of Use, Deposit a Gift may investigate the Content and determine in good faith, in its sole discretion, whether to remove or request the removal of the Content. Deposit a Gift has no liability or responsibility to you for performance or nonperformance of such activities. Deposit a Gift reserves the right to remove Content, expel users and prevent their further access to the website for violating these Terms and Conditions or the law.
 
Currency
Deposit a Gift is based in the USA and operates with US dollars as its primary currency.

Deposit a Gift issues payments in US dollars. If you will be depositing your gift money into a non-US bank, your bank may be assessed a currency exchange fee and/or a fee for a foreign deposit. You must consult your bank for these details.

If a gift-giver is purchasing with a non-US credit card, they may be subject to currency exchange fees levied by their credit card company; this has nothing to do with Deposit a Gift. Any concerns about exchange fees and rates should be directed to your credit card company.
 
User Registration and Termination of Account
DAG users attest that all information provided in the registration process is true and accurate. Deposit a Gift may, at any time, and at its sole discretion, terminate the DAG user’s membership without prior notice.

If the registry or fundraiser in the account have not been operated or had no transactions for over a continuous period of twelve (12) months, then Deposit a Gift has the right to close such DAG site, or the account, without any prior notice to the user.

Deposit a Gift is not obligated to save any data, information or materials being deleted from such DAG site, or the account on the website, and shall not be liable to anyone for loss of such data, information or materials as a consequence of the deletion.

Should a registry or fundraiser account balance exist, Deposit a Gift shall use reasonable endeavors to contact the account owners to redeem their balance. If Deposit a Gift is unable to locate or identify the owner or person entitle to the receipt of the moneys in the account, then such moneys shall be treated as unclaimed money.
 
Cash-Out: Redeeming Your Gift Money
A cash-out payment will only be transferred/mailed in the name of, and to the address of, the person listed as “Registrant 1” in the case of the Registry Platform and to the person or organization list as the recipient of funds in the case of the Fundraising Platform. Each individual gift is available for cash-out after a 72 hour waiting period. Users can cash-out as often as they like. For cash-out requests of $500 or more, they have the option of ACH direct deposit, international wire transfer or personal check. For cash-out requests less than $500, there is not option for personal check.


Once DAG users begin to receive gifts (ie. once they receive 1 gift), they cannot change their preference regarding who is listed as “Registrant 1” for the Registry Platform or the “Recipient of Contributions” for the Fundraising Platform, thereby determining who will be the recipient of the checks or direct deposit. Both the 72 hour waiting period, as well as the inability to change “Registrant 1” or the “Recipient of Contributions” and their corresponding address, are for the protection of our DAG users against fraud, hackers and any other malicious conduct online.

All cash-outs are processed within 24-48 business hours of request (which is manually inputting the transfer into the bank’s system for quality control). From there it takes the bank 24-48 business hours (though they don’t consider themselves open on the weekends or holidays) or the time it takes for USPS to deliver the check. If user does not receive funds, it is their responsibility to contact support at support@depositagift.com within the following time frames to report that funds have not arrived. Outside of this timeframe and it is not guaranteed that funds can be traced (this is most vital for ACH direct deposit transfers where the bank controls the tracing time frame. With USPS we need to allow longer periods of time (approximately 6 weeks) for the mail to be returned since USPS mailings are not trackable):

  • ACH Transfers: Within 4 days of request
  • Check Mailed via USPS: Within 7 days of request

For ACH and International Wire Transfer requests, once the money leaves the Deposit a Gift bank account, if we are not contacted within the above time frame, we cannot commit to being able to recover the funds since we are restricted by the banking system's tracing abilities, though we will do everything we can to work with the bank within a reasonable amount of time.

For checks mailed via USPS, you are making that redemption method request at your own risk. Envelopes are not trackable via USPS regular mail and therefore we cannot ensure delivery. If an envelope does not arrive and you request a stopped check so that Deposit a Gift can re-issue the money, you will be responsible for the $30 bank fee.

Deposit a Gift reserves the right to refuse to cash-out suspicious transactions that appear to have been made fraudulently. Deposit a Gift also reserves the right to revise the cash-out time frame (beyond the initial 72 hour security holding period) on a case-by-case basis for suspicious or high-risk fundraisers or registries.

 
Canceling a Cash-Out Request and Stopped Checks
You must email us at support@depositagift.com or call 646-504-7124 immediately, in 4 hours or less, if you need to cancel a Cash-Out request. If we have not yet processed the request, we can cancel the request for you without any implications and the money will be returned to your account to await a future cash-out. There will be no penalty if the request was not yet processed.

If you have cashed-out via ACH direct deposit or international wire transfer and we have already processed the request, unfortunately we cannot cancel it. If you have cashed-out via check and we have already processed the request but you still want it canceled, we can cancel it for you and put a stop on the check. However, you will be assessed a $30 stopped check fee in the subsequent check. 
 
Large Purchases, Disputed Purchases and Pending Credit Card Purchases
Deposit a Gift reserves the right to request an authorizing signature on purchases exceeding a predetermined amount in an effort to protect against the possibility of credit card fraud. This is primarily aimed at protecting the gift-givers and so requires an active communication effort with them as well as their cooperation. Please note that these funds may be subject to escrow until authorization or an unspecified period of time.
 
Refunds
Gift Errors: Once a gift-giver has confirmed and processed their gift for a Deposit a Gift registrant, there is no refund immediately possible. Deposit a Gift has sole discretion to determine the validity of a return/cancellation request. We operate under the assumption that the gift-giver is willingly depositing a gift into the account of a Deposit a Gift registrant, and has had optimal opportunity during the steps of checkout to review and confirm their order, and therefore a refund should not be necessary. However, if a gift-giver believes that there has been a system error (not a human error) in the amount of the gift, or who the gift was intended for (ie. it was deposited in the wrong person's registry), the gift-giver should contact support@depositagift.com or call 646-504-7124 immediately. In most cases, if the gift-giver would like the charge reversed, the gift-giver will be responsible for paying the credit card fees associated with processing the return.
Fundraising Package Upgrades: Once a fundraising platform user has paid for an upgrade it is non-refundable. 
 
Chargebacks and Disputes
By using the Deposit a Gift service, you are waiving your rights to chargebacks. You, the gift-giver, are willingly depositing a gift into the account of the Deposit a Gift user you have selected. Deposit a Gift is acting as a middleman to provide this service to our DAG users. There should be no dispute about the validity of a charge, as this is a system of one-time purchases, without auto-renewals or anything else that might cause you to receive an unfamiliar charge (the only exception being for non-US credit cards that could incur a foreign transaction fee from your card issuer), and said gift is purchased and given of your own free will. In the instance that the event you have contributed towards has been cancelled, it is the responsibility of the gift-recipient to return the money to the gift-giver; a situation such as this is not just cause for a chargeback.

Should a gift-giver decide to proceed with disputing a valid charge from Deposit a Gift regardless of the indemnification, and the DAG user in question still has the disputed gift(s) as part of their current balance, the value of the gift along with a $30.00 chargeback fee will be deducted from said DAG user's balance if it is not cleared-up. If it is cleared-up, and the value of the gift returned to DAG from the credit card merchant, the $30.00 chargeback fee will still be deducted from said DAG user's balance. If the DAG user has no current balance, the disputed amount plus chargeback fee will be held back from any future gifts they may receive. Deposit a Gift will contact the gift-giver in an effort to rectify any situation involving disputed gift(s). During this process, the DAG account holder's registry or fundraiser balance will be frozen and no cash-outs possible until it has been rectified.

We endeavor to work closely with our credit card merchant to ensure that all credit card transactions are legitimate and not fraud. In the event of a fraudulent transaction with your credit card, we will work with the card holder to rectify the situation. However, if a customer is misusing chargebacks because they have simply changed their mind or cannot remember making the charge, we reserve the right to deduct the $30.00 chargeback fee from the DAG user’s account.
 
Cancelled or Postponed Events and Returning the Gifts
Please notify Deposit a Gift of an event postponement or cancellation as soon as possible. If the event will be delayed, you must log into your Deposit a Gift account with your email address and password to edit the information pertaining to your event that has changed.

If your event is cancelled, you are responsible for returning the funds to the gift-givers. If there is still money in your account that has not been redeemed, upon your notice we will conduct a final cash-out and send you the check. It is the gift-recipient's responsibility to return those funds to your gift-givers; we do not process refunds.
 
Termination
You agree that Deposit a Gift may terminate your use of this website if it believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, violated the rights of Deposit a Gift or any third party, or for any reason with or without notice to you. Deposit a Gift also has the the right to terminate (ie. delete) your DAG site, if it goes unused for more than a year from the date it was created. You agree that Deposit a Gift will not be liable to you or any third party as a result of such modification or discontinuation.
 
Closing Your DAG Site (Fundraiser or Registry)
At any time, you may close your DAG site. Once you've closed your registry or fundraiser, purchases can no longer me made from it, but the rest of your site is still accessible to the public. You may manage this from your dashboard.
 
Deleting Your DAG Site
At any time, users have the ability to delete their DAG sites. You may do this from the dashboard Settings section for that particular DAG site. Deleting a registry or fundraiser removes the DAG site and eliminates it from both the search and directory. The URL (web address) now becomes available for future use by another user.
 
Unclaimed Balances
Users are responsible for keeping track of their balances and contacting Deposit a Gift to redeem them.
 
Liability Disclaimer
Your use of this website is at your risk. Deposit a Gift does not warrant or represent that our Content is accurate, error-free or reliable or that your use of such material will not infringe rights of third parties. Deposit a Gift does not warrant or represent that the functional aspects of the website will be error free or that this website or the server that makes it available are free of viruses or other harmful components. If your use of this website or our Content results in the need for servicing or replacing property, material, equipment or data, Deposit a Gift is not responsible for those costs. Without limiting the foregoing, everything on our website is provided to you "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DEPOSIT A GIFT MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL CONTAINED ON THIS WEBSITE, OR ABOUT ITS SOFTWARE, TEXT, GRAPHICS, AND LINKS, OR RESULTS TO BE OBTAINED FROM USING THE WEBSITE. Please note that some jurisdictions may not allow the exclusion of implied warranties. As a result, some of the above exclusions may not apply to you.
 
Limitation of Liability
NEITHER DEPOSIT A GIFT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THIS WEBSITE AND OUR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DEPOSIT A GIFT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 
General
This agreement is governed by the internal laws of the State of New York without regard to conflict of laws principles thereof. You hereby consent to the exclusive jurisdiction and venue of courts in New York County, New York, U.S.A., in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Deposit a Gift as a result of this agreement or use of this website. Deposit a Gift's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Deposit a Gift's right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Deposit a Gift with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This agreement constitutes the entire agreement between the customer and Deposit a Gift, with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Deposit a Gift, with respect to this website. 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. Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved.
 
Trademarks
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this website are registered and unregistered trademarks of Deposit a Gift and others. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this website without the written permission of Deposit a Gift or such third party that may own the Trademarks displayed on this website. Your misuse of the Trademarks displayed on this website, or any other Content on this website, except as provided herein, is strictly prohibited.
 
Copyright
All Content included on this website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Deposit a Gift or its Content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content on this website is the exclusive property of Deposit a Gift and protected by U.S. and international copyright laws. All software used on this website is the property of Deposit a Gift or its software suppliers and protected by U.S. and international copyright laws. The reproduction, modification, distribution, transmission, republication, display or performance, of the Content on this website is strictly prohibited.
 
Copyright Infringement
Deposit a Gift respects the intellectual property rights of others. Accordingly, Deposit a Gift has a policy of terminating, in appropriate circumstances, the account of any Deposit a Gift user who repeatedly posts infringing material on the Deposit a Gift website.
 
Indemnity
You agree to defend, indemnify, and hold harmless Deposit a Gift, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising from your use of this website or our Content or your breach of these Terms and Conditions. Deposit a Gift shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
 
Password
You will receive a password in connection with your use of this website. You will be responsible to maintain the confidentiality of your password and account, and will be solely responsible for all activities that occur under your password and account.
 
Our Contact Information
Deposit a Gift
181 East 119th Street, Suite 10B
New York, New York 10035 USA
www.depositagift.com
Customer Service #: 646-504-7124
© 2013 Deposit a Gift LLC

By using the services provided by Deposit a Gift LLC, you acknowledge that you
have read our Terms and Conditions of Use and agree to them.