Send a GiftMate Voucher
		Sender's Name * :   Sender's MobileNo :  +1 Sender's Email Id * :   Recipient's Name * :   Recipient's Mobile No * : +91 Recipient's Email Id * :   Voucher Value * :   Rs. 500 ($12.50) Rs. 1000 ($ 25.00) Rs. 1500 ($ 37.50) Rs. 2000 ($ 50.00) This Terms of Service is a legal agreement between you and Paymate, Inc. that governs your access to and use of this website and the GiftMate Service. GiftMate is a unique cell phone and internet-based gift voucher service that allows you to purchase gift vouchers for a friend who has an Indian mobile telephone number. Your friend may redeem the gift vouchers for products and services at participating merchants in India. Your purchases of the gift vouchers will be completed through the Google Checkout service and billed to the credit or debit card of your choice. The GiftMate gift voucher does not have a cash out option and can only be redeemed for products and services at participating merchants in India. Please review this entire Terms of Service before you decide whether to use the GiftMate Service. BY USING THE GIFTMATE SERVICE AND THIS WEBSITE, YOU AGREE TO BE BOUND BY THIS TERMS OF SERVICE. 1. Defined Terms The following defined terms appear in this Terms of Service. • ‘Customer’, ‘You’ or ‘you’: A Purchaser who applies to, or registers to use, or uses, the Service to purchase Vouchers. • ‘Mobile Account’: Customer’s account with the Mobile Carrier. • ‘Mobile Carrier’: The company which provides mobile or cellular phone service and has agreed to process Vouchers. • ‘Participating Web Site’: A web site that has agreed to accept payment Vouchers. • ‘Paymate’, ‘we’, or ‘us’: Paymate, Inc. • ‘Payment Transaction’: The processing of a payment through the Service that results in the debiting of the Purchase Amount from a Voucher. • ‘PIN’: A personal identification number issued by Paymate in connection with the use or redemption of a Voucher. • ‘Product’: Any merchandise, good or service that a Recipient may pay for using a Voucher. • ‘Purchase Amount’: The dollar amount of a Payment Transaction to purchase one or more Products from a Participating Web Site, and any related fees, taxes or shipping charges, as applicable. • ‘Purchaser’: A person who purchases a Voucher. • ‘Recipient’: A person who receives a Voucher. Recipients must be Indian nationals with a valid Indian mobile telephone number. • ‘Service’: The GiftMate service, described in this Terms of Service. • ‘Third Party Site’: A website owned or controlled by a party other than Paymate. • ‘Voucher’: A GiftMate voucher purchased through the Service. 2. Eligibility Each time you use the Service to purchase a Voucher, you will be asked to provide your name and e-mail address and the name and mobile telephone number of the Recipient. Recipient must have a valid Indian mobile telephone number. Paymate will use the Recipient’s mobile telephone number to confirm that the telephone number is valid and that Recipient’s account with the Mobile Carrier is in good standing. Paymate reserves the right to refuse to transmit Voucher information to any Recipients who are found to be ineligible for the Service. We may require you to provide additional information about yourself or the Recipient as a condition of continued use of the Service or to assist us in determining whether to permit you or the Recipient to continue to use the Service. We, in our sole and absolute discretion, may refuse to permit use of the Service for any reason and without notice, other than any notice required by any applicable law. By agreeing to this Terms of Service, you represent that: • You are 18 years old or older; • You are capable of entering into a legally binding agreement. 3. Use of the Service You may only use the Service to purchase Vouchers that will be used by a Recipient to make legitimate, bona fide purchases of Products from Participating Websites. The Service may not be used to transfer money between a Customer and any other party for any reason that is unrelated to a purchase of a Product. The Service may not be used to receive cash advances from any party or to facilitate the purchase of cash equivalents (travelers checks, prepaid cards, money orders, etc.). You may not use the Service in connection with the sale or exchange of any illegal goods or services or any other unlawful or prohibited purpose. Recipients must have a valid Indian mobile telephone number. In submitting any information to Paymate, you represent and warrant that the information contained therein is truthful and accurate and that both you and the Recipient are eligible to use the Service. Your willful provision of inaccurate or unreliable information shall constitute a material breach of these terms and shall be a basis for termination and cancellation of a Voucher. The purchase of Vouchers is completed through the Google Checkout service. You must have a valid and active account with Google Checkout to purchase a Voucher. All Voucher purchases made through Google Checkout will be subject to Google’s terms of service, located at https://checkout.google.com/termsOfService?type=Buyer. Paymate is not responsible for the content, operation or functionality of the Google Checkout service. Any issues with the operation of the Google Checkout service should be directed to Google’s support personnel. 4. Limitations on the Use of Service We may establish general practices and limits concerning use of the Service, including without limitation individual or aggregate dollar amounts or number of Payment Transactions during any specified time period(s). We reserve the right to change, suspend or discontinue all or any aspect of the Service at any time, including hours of operation or availability of the Service or any Service feature, without notice and without liability. We also reserve the right to impose limits on certain Service features or restrict access to parts or all of the Service without notice and without liability. We may decline to process any Voucher purchase or Payment Transaction without prior notice to you. We do not warrant that the functions contained in the Service will be uninterrupted or error free, and we shall not be responsible or liable for any service interruptions (including, but not limited to, power outages, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of Voucher purchases, Payment Transactions or the Service). We may limit or suspend your use of the Service at any time, in our sole and absolute discretion. Suspension of your use of the Service will not affect your rights and obligations pursuant to this Terms of Service arising before or after such suspension. We may, in our sole and absolute discretion without liability to you or any third party, terminate your use of the Service for any reason, including without limitation inactivity or violation of this Terms of Service or other policies we may establish from time to time. Upon termination of your use of the Service, you remain liable for all obligations you have incurred. Upon termination, we have the right to prohibit your access to the Service and to refuse future access to the Service by you (or if you represent a business entity, its parent, affiliates or subsidiaries or its or their successors). 5. Privacy You understand and agree that personal information provided to us in connection with the Service is subject to the Service’s Privacy Policy which can be found at http://www.mygiftmate.com/. 6. Exchange Rate; Service Fees Purchasers may purchase Vouchers for pre-set values ranging from Rs500 to Rs2000. The currency exchange from United States Dollars to India Rupees will be calculated at the time of purchase. Because exchange rates vary, Vouchers may cost more or less to purchase depending on the applicable exchange rate at the time of purchase. You agree that you will be responsible for all fees associated with your use of the Service including, without limitation, any and all taxes, any Internet connection fees, and all SMS and Mobile Carrier charges and fees. Paymate will charge all statutory taxes, service tax, all other imposts, duties (including stamp duty and relevant registration charges, if any, in connection with the Service) and taxes (of any description whatsoever) as may be levied from time to time by the government or other authority in respect of the service charges or in connection with your use of the Service, purchase of a Voucher or a Payment Transaction. 7. Customer Service & Disputes In case of errors or questions regarding the Service, contact our customer service center by emailing us at support@mygiftmate.com as soon as you can. In the event you disagree with a charge, the same should be communicated to Paymate within fifteen (15) days after your purchase. Notwithstanding the foregoing, any errors or questions regarding mobile charges, Products or specific Payment Transactions related thereto must be brought directly with the Participating Website or the Mobile Carrier. Paymate may elect to, but is not obligated to, work with the Mobile Carrier or Participating Website to resolve such disputes; provided however that Paymate shall not be liable for any damages or losses arising from such disputes. 8. No Endorsement of Products or Third Party Websites Paymate does not represent or endorse, and shall not be responsible for the safety, quality, accuracy, reliability, integrity, delivery or legality of any Product, the truth or accuracy of the description of Products, or of any advice, opinion, offer, proposal, statement, data or other information (collectively, ‘Content’) displayed or distributed, purchased or paid through the Service or Participating Websites. Paymate hereby disclaims any liability or responsibility for errors or omissions in any Content or in the Service. The website contains links to Third Party Sites. Paymate is not responsible for any Third Party Sites accessed through the website. Inclusion of or linking to any Third Party Site does not imply approval or endorsement thereof by Paymate. If you decide to leave the website and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the website. 9. Indemnification You agree to indemnify, defend and hold harmless Paymate and its affiliates, and its and their directors, officers, stockholders, agents, partners, employees, licensors, licensees, consultants and contractors from and against any and all claims, demands, causes of action, debt or liability, including reasonable attorneys fees arising out of, related to, or which may arise from your use of the Service or any breach or non-compliance by you of any term of this Terms of Service or any of Paymate’s policies. 10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS WEBSITE AND THE SERVICE ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND OUR SERVICE IS AT YOUR SOLE RISK. PAYMATE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AND, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS AL, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. UNDER NO CIRCUMSTANCES SHALL PAYMATE BE LIABLE TO YOU ON ACCOUNT OF ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY OUT OF: (1) ANY DEFECT IN ANY PRODUCT OR SERVICES SUPPLIED; (2) THE REFUSAL OF ANY ESTABLISHMENT OR PARTICIPATING WEBSITE TO HONOR OR ACCEPT A VOUCHER; (3) YOUR ACCESS TO THIS SITE OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGE TO OR FAILURE BY YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, COMMUNICATION LINE FAILURES, COMPUTER VIRUSES OR INABILITY TO ACCESS THIS SITE OR USE THE SERVICE; (4) THE USE OF THE SERVICE OR VOUCHER BY ANY PERSON OTHER THAN BY YOU; (5) ANY INJURY TO YOUR CREDIT CHARACTER AND REPUTATION OF THE ALLEGED TO HAVE BEEN CAUSED BY YOUR USE OF THE SERVICE; OR (6) ANY MISSTATEMENT, MISREPRESENTATION, ERROR OR OMISSION IN ANY DETAILS DISCLOSED BY PAYMATE. IN NO EVENT SHALL PAYMATE OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH THE SERVICE, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF PAYMATE OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL PAYMATE’S AGGREGATE LIABILITY, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED $5,000. [NOTE: LET’S DISCUSS THE APPROPRIATE CAP HERE.] EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS TERMS OF SERVICE RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 11. Jurisdiction; Governing Law This Terms of Service shall be governed by the laws of California, except for California’s choice of law rules, and applicable federal United States laws. Each party agrees to submit to personal and exclusive jurisdiction of the courts located in Santa Clara County, California. The parties specifically exclude from application to the Terms of Service the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. Any dispute relating in any way to the Service shall be submitted to confidential arbitration in Santa Clara County, California. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association conducted by a single arbitrator. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. 12. Notice Any notices or communications to Customer may be made by mail, email, postings on the Paymate website or other reasonable means. Notice to Paymate may be made by mail to: Paymate, Inc. 980 Hamlin Court Sunnyvale, CA 94809 13. Modification of Terms of Service We reserve the right, in our sole and absolute discretion, to change, modify, or amend any portion of this Terms of Service at any time by posting notification on the Paymate website or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply to Payment Transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Service. 14. Assignment You may not assign this Terms of Service or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. We reserve the right to freely assign this Terms of Service and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, this Terms of Service shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns. 15. Other Provisions This Terms of Service, including Paymate’s policies governing the Service referenced herein, constitutes the entire agreement between Paymate and Customer with respect to Customer’s use of the Service. The failure of Paymate to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Terms of Service shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Terms of Service shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. No other person, other than Paymate, affiliates of Paymate and Customer shall have rights to assert any rights as a third party beneficiary hereunder. I Accept *Mandatory Fields. Voucher will be sent to the specified details.