[ BlinkSky ]
Corporate Terms of Sale
Last Revised: August 8, 2017
PLEASE READ THESE CORPORATE TERMS OF SALE (“TERMS”) CAREFULLY BEFORE APPLYING AT THE BLINKSKY.COM WEBSITE (“BLINKSKY SITE”). THESE TERMS APPLY TO YOU, AS A VALIDLY EXISTING BUSINESS, AND ONLY ADDRESS YOUR PURCHASE OF OPEN AND CLOSED LOOP RETAIL PREPAID DIGITAL GIFT CARDS FOR THE SOLE PURPOSE OF REDISTRIBUTION TO EMPLOYEES, VENDORS OR INTERNAL END USERS.
To understand your rights and obligations related to your general access to and use of the BlinkSky Site and mobile applications, please read our Terms of Service located on the BlinkSky Site (see https://blinksky.com/legal/ts/).
BlinkSky, Inc. (“BlinkSky,” “we” or “us”) makes products available for purchase through the BlinkSky Portal, Site and mobile applications. Your purchase of any BlinkSky products is governed by these Terms. Keep in mind that the products that you purchase will have their own terms and conditions as described in the Use of Digital Gift Cards section below.
When you purchase BlinkSky products you are agreeing to be bound by these Terms and you acknowledge that such agreement constitutes a binding contract between you and BlinkSky and its Affiliates. If you do not agree to these Terms, do not apply for access to make any purchases from BlinkSky. Because you are agreeing to the Terms on behalf of a business/company, you represent and warrant that you have the authority to bind such entity to the Terms and the terms “you” or “your” refer to such company/business.
BlinkSky reserves the right to change, modify, add or remove all or part of these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes by posting such changes on our websites or mobile applications and updating the “Last Updated” date at the top of these Terms. We encourage you to review these Terms each time you make a purchase from BlinkSky to ensure you understand the terms and conditions that apply to such purchase. Your continued use of BlinkSky products indicates your acceptance of any changes to the Terms.
PURCHASING DIGITAL GIFT CARDS FROM BLINKSKY
Enrollment Apply Here
Subject to completing our enrollment requirements, various Digital Gift card and gift codes (collectively, “Gift Cards”) will be available for you to purchase for your business.
In order to enroll, you will need to apply via the BlinkSky Site at https://blinksky.com/business/apply/. On the BlinkSky Site, you will be asked to provide us with information about you and your business (including: name, email, phone number and website URL) to allow BlinkSky to conduct due diligence on your business. You are also required to complete a Know Your Customer (KYC) form prior to your account being approved.
Protection of Confidential and Proprietary Information during Enrollment and Due Diligence: The information that you and BlinkSky may exchange during the enrollment process and the information that you provide to BlinkSky during due diligence is considered confidential and proprietary information of the disclosing party. Each of us, as the recipient of such confidential and propriety information, will: (a) protect the discloser’s confidential and proprietary information using at least reasonable care; (b) use the discloser’s confidential and proprietary information only in connection with the enrollment process, due diligence and BlinkSky’s provision of the BlinkSky products; (c) not share the discloser’s confidential and proprietary information with anyone other than courts, government authorities, employees/agents of the recipient who need it to do their jobs; (d) be responsible for any person listed in subsection (c) that fails to protect or handle the discloser’s confidential and proprietary information in the manner required herein; and (e) promptly notify the discloser (if legally allowed) of any subpoena, order, or request to share the discloser’s confidential and proprietary information that the recipient receives from a court or government authority and, if asked, cooperate reasonably with discloser’s efforts to obtain a protective order.
After due diligence is complete and you are approved, your login credentials will become active. Usernames and passwords are confidential and must not be distributed or disclosed by you to third parties. If you wish to change your password in the future, you can do so at https://blinksky.com/dashboard/login by clicking the “Forgot Password” link.
General Requirements and Restrictions
You must be a valid and legally existing business in the United States that is organized and existing in good standing under the laws of the state in which you are organized. You also agree that you are solely responsible for complying with all laws and regulations that are applicable to your business and your use of BlinkSky’s products, is including but not limited to consumer privacy laws and data security/safeguarding laws.
You may only purchase Gift Cards for redistribution to these specified end users; Your employees, your customers and your vendor in the United States.
You may only enroll for one account and you agree to: (i) provide accurate, current and complete information; (ii) maintain and promptly update your account information to keep it accurate, current and complete; (iii) maintain the security of your account and accept all risks of unauthorized access to your account; and (iv) promptly notify BlinkSky (at https://blinksky.com/corporate/contact/) if you discover or otherwise suspect that your account or password has been subject to unauthorized use.
During the period of time that you maintain an account with us, you agree to maintain a valid email address where we may deliver information, notifications and disclosures to you. You will promptly notify us of any change in your email address. You understand that our ability to provide you this information is dependent upon this maintenance of a valid email address.
BlinkSky may reject enrollment and refuse access to or use of our Gift Cards, products or services to anyone at any time, in its sole discretion. If your account is disabled by us, you, or anyone acting under your discretion, is/are strictly prohibited from creating another account on the BlinkSky Site.
Payment and Your Available Balance
A BlinkSky Customer Success Manager will contact you to finalize your account terms and to verify your initial payment. All payments made by you must be either (a) via wire transfer from your bank account; or (b) by credit card (American Express, Discover, Visa or MasterCard). By making the purchase using a credit card, you also acknowledge that you are authorized to use the designated credit card, you authorize us to charge your purchase to that credit card, and you authorize us to process your payment and related information. Payments by credit card will incur a 3.75% convenience fee. Payment card processing fees may apply even if the credit card has expired or changed by the time you submit the charges. You are responsible for resolving any problems we may encounter in order to proceed with your Digital Gift Card order. Please be aware that your initial payment by credit card may result in a delay in processing your order. BlinkSky does not store customer credit card information.
In the event that we do not receive your payment (including, for example, because your credit card cannot be verified, is invalid or is not otherwise acceptable), we may suspend or cancel your account and your Gift Card order will automatically cancel. You are responsible for resolving any problem we encounter prior to proceeding with your Gift Card order. You will be able to view your account balance and add additional funds to your account for future purchases, by going to https://blinksky.com/dashboard/fund.
Restricting Access to Account Funds for Investigations
We may restrict access to funds in your account to allow us to investigate the use of your account, resolve any pending dispute, in response to a court order or if otherwise requested by law enforcement or any governmental entity. We may restrict access to funds in your account for the time that it takes for us to complete any pending investigation or resolve a pending dispute. We also may restrict access to your funds as required by law, court order, or if we receive a lawful request from law enforcement or governmental entity.
DIGITAL GIFT CARD TERMS AND CONDITIONS
No Return of Gift Cards
All purchases and Gift Card delivery using BlinkSky services are final and the Gift Cards that you purchase are non-refundable and non-returnable, provided, however, that if a Gift Card does not function, we may, in our sole discretion, either refund you the Gift Card purchase amount or replace the defective Gift Card with an alternative Gift Card of equal value for the same Gift Card Vendor, defined below upon written notification from you. If you have any questions or problems with your order, please contact us at https://blinksky.com/corporate/contact/.
LIMITATION OF LIABILITY AND INDEMNIFICATION: You agree that in the event of any Gift Card errors or loss, even through our negligence or other fault, our sole obligation (and the sole obligation of our licensees, suppliers, and Merchant brands), and your sole remedy, is at our option, to replace such Gift Card(s) or provide you with a refund or credit, for the cost of the purchase price of these Gift Card(s). You must submit a claim within thirty (30) days from your date of purchase.
We attempt to be as accurate as possible and to eliminate errors on the products that we sell; however, BlinkSky does not represent or warrant that any Gift Card and information about the Gift Card (including the description, Vendor information or pricing information) provided is accurate, complete, reliable, current or error-free. In the event of an error in an order confirmation in processing a Gift Card purchase or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged upon written notification for you.
Use of Digital Gift Cards
The Gift Cards that you purchase are issued and activated by participating third-party merchants, retailers and vendors (collectively “Vendors”). After purchasing a Gift Card, these Terms will no longer apply and the Gift Card will be governed by certain terms and conditions established by the issuing Vendor. Depending on the applicable law of your jurisdiction and the promotional nature of certain Gift Cards, Vendors may set expiration dates for such Gift Cards, in addition to other restrictions and requirements. You (or the recipient of the Gift Card) should review and familiarize yourself with all applicable Vendor terms and conditions. If you have questions regarding the applicable Vendor terms, please contact the issuing Vendor.
As issuers of the Gift Cards, Vendors (and not BlinkSky) are fully responsible for all aspects of their Gift Card programs. Vendors are also responsible for any and all liabilities, damages and costs suffered by you (or the recipient of the Gift Card) in connection with your purchase and the use of their Gift Card. While BlinkSky strives to work with reputable Vendors, BlinkSky has no liability for (i) the sale of products or services through the use of any Gift Card; and (ii) any Vendor’s failure to honor a Gift Card.
Documentation of Transactions and Account Inquiries
At the time of your Gift Card purchase, you will receive a receipt for each transaction. Retain the receipt for your records. You can access your current balance on your account at
If you think a receipt is wrong or you have a question concerning your account, you may send a letter to us at:
12600 Deerfield Pkwy., Suite 100,
Alpharetta, GA 30004-5099.
or visit https://blinksky.com/corporate/contact/ as soon as you can. We must hear from you no later than 60 days after your purchase/transaction date and you must provide the following information: (i) your name and your company name; (ii) a description of the error or the transaction you are unsure about, and an explanation as to why you believe it is an error or why you need more information; (iii) the dollar amount of the suspected error; and (iv) your account username or email address. If you tell us verbally, we may require that you send us your complaint or question in writing within 10 business days.
No Liability for Digital Gift Cards Subsequent to Delivery
BlinkSky is not responsible for any value lost from a Gift Card subsequent to your purchase and our delivery to you. To reduce the likelihood of such a loss, however, BlinkSky recommends protecting your computers, systems and devices with an appropriate password.
Disputes with Merchants
You (or the recipient of the Gift Card) agree to make a good faith effort to settle all disputes about purchases made using the Gift Card with the merchant who accepted the Gift Card.
The expiration of your Gift Card is dependent on the specific Vendor policies. We have no control over the expiration date, however, most Gift Cards have no less than a 5 year expiration date, and many have no expiration date. After the Gift Card has expired or is deactivated, it is no longer valid. All transactions will be declined.
In addition to your purchase of Gift Cards, your enrollment and account includes access to the following:
- A Customer Success Manager during normal business hours
- 24 hour email customer support
- BlinkSky Account Portal
- Customizable Digital Gift Card Portal
- Customizable SMS and video messages to the recipients of your Gift Cards
- Access to fund and view your balance
- Order confirmation receipts
- Ongoing communications from BlinkSky
Disclaimer of Liability
In addition to the disclaimers, limits on liability and indemnification obligations applicable to your use of any products and services on https://blinksky.com/ and set forth in the Terms of Service, you waive and release BlinkSky and its subsidiaries, Affiliates, partners, vendors, distributors, officers, directors, employees and agents from any liabilities, damages and costs arising from or related to (i) your loss or the theft of any BlinkSky product (including Gift Cards); and (ii) any act or omission of a Vendor in connection with a Gift Card it provides.
With respect to all BlinkSky products, risk of loss and title for such products pass to you when you complete your purchase of the applicable product or Gift Cards. BlinkSky is not responsible for any damage or loss resulting from stolen or lost products (including Gift Cards) or any use of your BlinkSky products (including Gift Cards) without your permission.
BlinkSky and its vendors, distributors, licensees, Affiliates, and licensors make no warranties, express or implied, with respect to the BlinkSky products (including Gift Cards), including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. All Gift Cards are freely transferrable within its territory. These disclaimers and limitations may or may not apply to you and are void where prohibited.
In providing Gift Cards, we disclaim any duty or responsibility other than those expressly set forth in these Terms and the Terms of Service on https://blinksky.com/. Among other things, BlinkSky is not liable for the following:
- If your transaction or order for Gift Cards would exceed the funds available.
- If your connectivity, computer, system or device is not working properly.
- If circumstances beyond our control (such as flood or fire or other natural disaster) prevent the transaction or fulfillment of your order, despite reasonable precautions that we may have taken.
- Any issue covered by the Disclaimer of Liability section above.
- As otherwise stated in these Terms or provided by law.
Termination or Suspension
We reserve the right to close your account or take other appropriate actions if you violate these Terms or any policies or terms on https://blinksky.com/ in whole or part.
We may modify or close your account for any reason or no reason at any time with or without notice, and without liability of any kind or nature to you or any third party. We may also suspend your access to your account (including the funds in your account) if you (a) have violated these Terms, (b) pose an unacceptable risk to us, or (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct.
If your account is terminated for any reason or no reason you agree: (a) to immediately stop using your account and placing orders; (b) that we reserve the right, but have no obligation, to delete your information and account data stored on our servers; and (c) that we shall not be liable to you or any third party for termination of your account or deletion of your information or account data.
You may terminate or close your account at any time. Upon closure of an account, any pending transactions will be cancelled and we will erase your balance from your account. Any funds that we are holding in custody for you at the time of closure, less any applicable fees, will be paid out to you in a reasonable time. If an investigation is pending at the time you close your account, we may hold your funds as described herein. If you are later determined to be entitled to some or all of the funds in dispute, we will release those funds to you.
Upon termination of your account, you will remain liable for all amounts due under your account up to and including the date of termination.
Excluded Users and Territories
You are not permitted to make purchases from BlinkSky if you are (i) not a validly existing business in the United States that is purchasing Gift Cards for the sole purpose of redistribution to specified end-users in the United States; (ii) located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services; (iii) identified as a “Specially Designated National”; or (iv) placed on the U.S. Department of Commerce’s “Denied Persons List or Entity List” or any other U.S. export control list.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Enforcement of the Terms is solely in our discretion and our failure to enforce a provision in some instances does not constitute a waiver of our right to enforce such provision in other instances.
If you have any questions or concerns regarding these Terms or the BlinkSky products and services, please contact us at: support@BlinkSky.com;
or by mail to:
Attn: Customer Support
12600 Deerfield Pkwy., Suite 100, Alpharetta, GA 30004-5099.
Entire Agreement, Severability, Affiliates
These Terms constitute the entire agreement between you and BlinkSky with respect to your purchase of Gift Cards and supersedes any other agreement, proposals and communications, written or oral, between BlinkSky and you with respect to the subject matter hereof. If a court should find that one or more rights or provisions contained herein are invalid, you agree that the remainder of the Terms shall be enforceable.
References to our “Affiliates” in these Terms means all present or future legal entities that are directly or indirectly owned or controlled by BlinkSky Incorporated (or its successor entities) and its subsidiaries. The term “control” in the preceding sentence means the ability to direct the management of such entity and the term “owns” or “ownership” means the beneficial ownership of more than fifty percent (50%) of the equity interest in an entity.