Last updated: Feb 13, 2024
Toasty is the ultimate solution for giving thoughtful gifts without having to guess the recipients’ preferences. Our platform offers easy-to-use gift cards, empowering recipients to select their desired brands. With Toasty, it's never been easier to send the perfect gift!
These Terms govern access to, and use of, the website made available by WINCUBE INC. (“Toasty,” “we,” “us,” or “our”) that enable a user to purchase, send or manage gift cards and receive the other services from Toasty as described herein (collectively, the “Services”). These Terms are a legal agreement between you (“you,” “client” or “your”) and Toasty.
You must be a valid and legally existing business entity existing under the laws of the state in which you are organized, and the individual acting on your behalf to accept these Terms must be authorized to bind you to these Terms. You are solely responsible for complying with all laws and regulations that are applicable to your business and your use of the Services, including consumer privacy laws and data security laws.
You must be using our Site for business purposes and not for personal, family, or household purposes.
You may not use the Site or the Services if (a) you are the subject of United States sanctions, (b) you are located in a jurisdiction that is subject to United States sanctions or that otherwise poses reputational, fraud, or legal risk to Toasty or its Merchant Partners, or (c) doing so otherwise violates any Applicable Law. This prohibition applies to your Recipients as well.
Our Site and Services are offered and available only to Users who are at least 18 years old. By using the Site, you represent to us that your employees, officers, representatives and other agents accessing the Site on your behalf are of legal age to form a binding contract with us and are authorized to access the Services and to legally bind you to these Terms and all transactions conducted under their respective usernames and passwords.
If you are not at least 18 years old or otherwise do not have the legal capacity to enter into a contract on behalf of the Business Purchaser for which you are acting, you must not access or use our Site or Services.
Business Purchasers must register with us by creating a valid account with us to use our Site (“Toasty Account”). You may only have one Toasty Account and you agree to: (a) provide complete, accurate and current information; (b) promptly update your Toasty Account information to keep it accurate, current and complete; (c) maintain the security of your Toasty Account and accept all risks of unauthorized access to your Toasty Account; (d) promptly notify Toasty at firstname.lastname@example.org if you discover or otherwise suspect that your Toasty Account or password has been subject to unauthorized use; and (e) maintain a valid email address where we may deliver information, notifications and disclosures to you.
When you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you agree to treat that information as confidential and not disclose it to any other person or entity. You acknowledge that your Toasty Account is personal to you, and you will not provide any other person or entity with access to the Site using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your Toasty Account at the end of each session. You should use particular caution when accessing your Toasty Account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Toasty is not responsible for any losses, damages, costs, expenses or claims that result from stolen or lost passwords or any unauthorized use of your Toasty Account. While Toasty has endeavored to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to or from the Site over the Internet cannot be guaranteed. Accordingly, Toasty is not responsible for the accuracy, reliability, or security of any information transmitted to or from the Site.
Except as expressly prohibited by Applicable Law, Toasty may, in its sole discretion and without notice or liability to you, suspend or deactivate your Toasty Account or otherwise suspend, restrict or terminate access to, or refuse to provide, any Service at any time, including in the following circumstances:
If we deactivate your Toasty Account, you or anyone acting under your direction is strictly prohibited from using the Site and our Service.
The Site encompasses various content and functionalities protected under copyright, patent, trademark, trade secret, and other proprietary laws. Toasty, along with its affiliates and partners, retains all rights to the Site's underlying technology and software. You are prohibited from modifying, copying, leasing, selling, distributing, or creating derivative works based on this intellectual property, except for your own legally uploaded User Content. Unauthorized use of data mining, robots, scraping, or similar data extraction methods is strictly prohibited.
The Toasty name, logos, and any other company, product, and service names appearing on the Site may be trademarks of their respective owners. These trademarks may not be used without prior written permission from Toasty or the trademark owner, as applicable. All goodwill generated from the use of Toasty Trademarks benefits Toasty exclusively.
Toasty respects intellectual property rights and expects users to do the same. If you believe your work has been infringed upon on our Site, please contact us at email@example.com with a detailed infringement claim. This claim must include your contact information, a description of the copyrighted work, the location of the infringing material on the Site, a statement of unauthorized use, and a statement under penalty of perjury that the information provided is accurate.
If you dispute the removal of your User Content due to a copyright claim, you may submit a counter-notice to Toasty's Copyright Agent with specific details outlined in the DMCA, including your contact information, a statement of good faith belief, and consent to federal court jurisdiction.
Toasty commits to addressing and resolving copyright complaints in accordance with the DMCA and applicable laws, reserving the right to terminate access for repeat infringers or those infringing on intellectual property rights.
Software (defined above) available in connection with the Site and the transmission of applicable data, is subject to United States export control laws. Downloading or using the Software in violation of these laws is prohibited and done at your risk. Users must comply with all local rules concerning online conduct and acceptable content, recognizing the global nature of the Internet.
Our Service includes links to third-party operators and websites, which may offer their own products, goods, and services. These links are provided for your convenience and may lead you to external sites not under our control or endorsement. We are not responsible for the content, accuracy, or legality of any third-party site or their offerings. Your use of third-party links and interactions with any third-party providers are solely between you and such parties. We expressly disclaim any liability for third-party content or transactions.
Please be aware that third-party sites might contain:
You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective representatives from any claims or damages arising out of your use of the Service, your account activities, your content submissions, your breach of these Terms, your infringement of rights, or your interactions with third parties through our Service.
Your use of our Service is at your sole risk. The Service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We do not guarantee the Service's uninterrupted or error-free operation, nor the accuracy of information obtained through the Service.
We shall not be liable for any direct, indirect, incidental, or consequential damages arising from your use of the Service, any third-party interactions, or for any other claim related in any way to your use of the Service.
Notwithstanding any damages that you might incur, our entire liability, and your exclusive remedy, will be limited to the amount you paid for the Service, if any, during the three months before the cause of action arose.
You agree that any claim related to the Service must be filed within one (1) year after the cause of action arose or be permanently barred.
If you are a California resident, you waive California Civil Code Section 1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release.
Toasty Choice Cards are redeemable for a variety of eligible Gift Card brands featured on the Toasty website or any of our affiliated websites at the time of redemption. Please note that the selection of brands and availability of Gift Cards can change without notice, and we cannot guarantee the availability of any specific brand at any given time.
The value of your purchases will be deducted from your Toasty Choice Card balance. Any remaining balance will stay on your card for future use. To check your balance, simply click on the ‘Redeem Your Toasty Choice Card’ button found in the reward email; your balance will be displayed on the redemption page.
Upon electronic transmission, the risk of loss and title for Toasty Choice Cards transfers to the purchaser. Toasty is not liable for cards that are lost, stolen, destroyed, or used without authorization.
Toasty Choice Cards cannot be exchanged for cash, returned, credited, or exchanged. They are not eligible for use on the websites or in the stores of the brands displayed on the site. Redemption is subject to any limitations and regulations set by the respective brands, which may restrict use and redemption to certain geographical areas.
TOASTY PROVIDES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE TOASTY CHOICE CARDS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Should your Toasty Choice Card be non-functional, your only remedy and our only liability will be the replacement of the card.
Applicable laws in certain jurisdictions may not allow for the limitation of implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, you might have additional rights beyond what is described here.
Selecting the Refund Option at the time of purchase adjusts the expiration date of your Toasty Choice Card to 30 days from the order date. Activation of the card by clicking the 'Redeem' button in the gift card email within this period finalizes its redemption. If the Reward remains unused past this expiration date, Toasty offers a refund of 70% of the unused gift card value directly to the Client's account balance. Note that this refund percentage is subject to change at Toasty's discretion, with or without prior notice.
For the security of your Toasty Choice Card and the rewards it entails, it's crucial to keep the email or notification containing the card information secure. The responsibility for safeguarding your Toasty Choice reward falls entirely on you once it is delivered. The unique link provided in your Toasty Choice Card email or notification serves as the sole method for accessing and redeeming your Reward Catalog.
Toasty does not offer replacements for Toasty Choice Cards or their values if they are lost, stolen, used without your permission, or in the event of unauthorized access due to device compromise. The transfer, sale, sharing, or exchange of Toasty Choice Cards is prohibited. Additionally, Toasty Choice rewards are non-reloadable, cannot be merged with other rewards, and are non-redeemable for cash, except as mandated by law. Once a specific reward is redeemed with your Toasty Choice Card, the selection is irreversible.
The contract for purchasing products is finalized once you confirm your purchase, with the service performance beginning immediately.
Purchases on our site are final. Gift Cards are non-returnable and non-refundable. In cases where a Gift Card is non-functional, Toasty may, at its discretion, offer a refund of the purchase price or replace the card with one of equal value from the same or a different vendor.
Failure to redeem promotional rewards within the specified time frame, or providing inaccurate or fraudulent information, will result in the forfeiture of the rewards. Promotional rewards are strictly non-refundable, non-transferable, non-returnable, and cannot be exchanged for cash under any circumstances.
For disputes requiring arbitration, such disputes will be governed by the laws of the State of New York, U.S.A., and settled exclusively under the Rules of Arbitration of the International Chamber of Commerce (ICC) by a sole arbitrator in New York City, New York. The arbitration process, including the award, will be conducted in English. The award will be final and binding, with the prevailing party entitled to recover reasonable attorneys' fees and costs.
You agree to waive any rights to participate in a class action, representative action, private attorney general action, or collective arbitration against Toasty related to the service or these Terms. Further, you agree not to combine any action or arbitration under these Terms with any other action or arbitration without the explicit consent of all involved parties.
Company is and shall remain an independent contractor of User and nothing contained in these Terms shall be deemed to create an employer/employee, principal/agent, partnership, or joint venture relationship between the Parties.
These Terms constitute the entire agreement between the parties and contains all of the agreements between the parties with respect to the subject matter hereof; these Terms supersedes any and all other agreements, either oral or in writing (including any interim agreements executed by the parties), between the parties hereto with respect to the subject matter hereof. No change or modification of these Terms shall be valid unless the same be in writing and signed by both Parties, respectively. All notices and other communications hereunder shall be in writing and shall be deemed given on delivery if delivered personally or sent by facsimile transmission with electronic confirmation, or four (4) business days following such notice being sent, if mailed by registered or registered, postage prepaid, to the other Party at the addresses as last reported to the other Party. Neither party will have the right to assign, pledge or transfer all or any part of these Terms without the prior written consent of the other. If any provision of these Terms is held by a competent court to be invalid or unenforceable under applicable law, then such provision shall be severed from these Terms and the remainder of these Terms shall be interpreted as if such provision were so severed and shall be enforceable in accordance with its terms. Those provisions of these Terms which by their nature should survive termination, and all accrued and unpaid obligations arising hereunder, shall survive the expiration or termination of these Terms for any reason. No delay or omission by either party to exercise any right or power it has under these Terms shall impair or be construed as a waiver of such right or power. A waiver by either party of any covenant or breach shall not be construed to be a waiver of any succeeding breach or of any other covenant. All waivers must be in writing and signed by the party waiving its rights. The paragraph headings of these Terms are inserted for convenience only and shall not constitute a part of these Terms for the purposes of construing or interpreting any provision hereof. Whenever the context requires, words used in the singular shall be construed to include the plural and vice versa, and pronouns of any gender shall be deemed to include and designate the masculine, feminine or neutral gender. These Terms shall insure to the benefit of and be binding upon the respective successors and assigns of the Parties. Nothing in these Terms, express or implied, is intended to confer upon any party other than the Parties hereto or their respective successors and assigns any rights, remedies, obligations, or liabilities under or by reason of these Terms, except as expressly provided in these Terms. Each Party shall use all reasonable efforts to take all actions necessary or desirable to consummate and make effective the transactions these Terms contemplate or to evidence or carry out the intent and purposes of these Terms.
If you have any comments or questions regarding these Terms or wish to report any violation of these Terms, you may contact us at [firstname.lastname@example.org].