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Terms and Conditions
Welcome to our website www.birthdayfund.com, this is an online cash gift registry, allowing members to create unique personal registries online and send invitations to their friends and families. This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Birthdayfund.com Services. By using the Birthdayfund.com Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Birthdayfund.com Website Registries or Services without being a registered member) or you are a "Member" (which means that you have registered or have created a registry with Birthdayfund.com). The term “Birthdayfund” “Birthdayfund.com” or “us” or “we” refers to the owners of the website. The term “you” refers to the user or viewer of our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Birthdayfund’s relationship with you in relation to this website.
Privacy Policy
Birthdayfund.com is committed to protecting your privacy: any information given to us will be used for the sole and express purpose of fulfilling your order as requested. We never sell our customer information to anyone. Our online registry uses only the best secure, encrypted technology to process your orders safely and securely. Your confidentiality is as important to us as it is to you. For Complete privacy details click here
Eligibility
Use of the Birthdayfund.com Services and registration to create a gift registry (“Membership”) is void where prohibited. By using the Birthdayfund.com Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Birthdayfund.com Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age.
User Submissions
Except as provided in the Privacy Policy, no ideas, material, computer code, information or other communication you submit or post to the Site will be considered confidential or proprietary. All such material becomes the exclusive property of Birthdayfund.com, which is entitled to use such material for any purpose without restriction or compensation. You are prohibited from posting or transmitting to or from the Site any unlawful, infringing, threatening, libelous, defamatory, obscene or pornographic material or any other material that would violate any law.
Access to Password-Protected or Secure Areas
Birthdayfund may restrict some areas of the Site to authorized users only. Access to and use of areas of the Site that are password-protected and/or secure is restricted to such authorized users only. Unauthorized individuals attempting to access these areas may be subject to civil liability and criminal penalties.
General Disclaimer, Third Party Websites
Ads created and posted by Advertisers on Birthdayfund.com may contain links to other websites. Birthdayfund.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Birthdayfund.com. Inclusion of any linked website on Birthdayfund.com does not imply approval or endorsement of the linked website by Birthdayfund.com. When you access these third-party sites, you do so at your own risk. Birthdayfund.com takes no responsibility for third party advertisements which are posted on this Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers, furthermore we in no manner guarantee or endorse any of the acts or services rendered by the individuals, entities or establishments listed within this site, therefore, we are not to be considered responsible for the quality of services rendered by the individuals, entities or establishments listed within our web pages, nor for their acts present or future. We mainly provide the viewer assistance, when trying to find establishments or services within this area. Professionals in this country, such as Brokers, Agents, Financial Planners, Stock Brokers and others, require the obtainment, from the General Directorate of Professions, of a title, in order to be able to practice. These are the authorities obligated to supervise the compliance of the individuals, entities or establishments in their daily operations, and the ones authorized to sanction or close down their business. Therefore, we strongly suggest to request, before receiving any type of professional service, for their corresponding official qualifications and permits. Birthdayfund.com is not responsible for the conduct, whether online or offline, of any User of the Services. Birthdayfund.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Birthdayfund.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Birthdayfund.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a Birthdayfund.com event, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and Birthdayfund.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Birthdayfund.com cannot guarantee and does not promise any specific results from use of the Services.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BIRTHDAYFUND.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF BIRTHDAYFUND.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BIRTHDAYFUND.COM LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BIRTHDAYFUND.COM FOR THE SERVICES DURING THE TERM OF USE.
Restrictions on Use of Materials
This site is operated and maintained by Birthdayfund.com. No material or information from this site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed except as authorized in these terms of use, expressly authorized on the information or materials themselves, or approved in writing by Birthdayfund.com.
Disputes
If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of the State of California without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Diego. Either Birthdayfund.com or you may demand that any dispute between Birthdayfund.com and you arising out of this Agreement must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Diego, California.
Indemnity
You agree to indemnify and hold Birthdayfund.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or through the Services causes Birthdayfund.com to be liable to another.
Other
This Agreement is accepted upon your use of the Website or any of the Services. This Agreement constitutes the entire agreement between you and Birthdayfund.com regarding the use of the Services. The failure of Birthdayfund.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Payment
Gift Provider - We accept Master Card, Visa, American Express and Discover. Your credit card will be charged at the time your gift is provided. You will be charged a transaction fee for all cash gifts provided. See transaction Fee section below for amounts.
Register - Your cash gift registry will close automatically 7 days after the date of the event or date of registry. At this time we will send your total amount that was generated in your registry to either your PayPal account provided by you or via check to the address on the registry. All payments will be paid within 30 days after the registry is closed. If you choose to receive payment using a PayPal account Birthdayfund.com does not guarantee any reliance with use of PayPal services. Birthdayfund.com shall not be responsible to Customer or any third party for any liability arising from or related to the use of the PayPal service and products.
Transaction Fee
There is no fee to registrant to create registry or send invitations. Gift givers are charged $5 for gifts under $40. All gift amounts over $40 are charged a 12% flat fee.
- $10 - $40 = $5 Transaction Fee
- $41 - Any Amount = 12% of the total gift amount
Refunds and Fees
User or Register must maintain valid payment information in order to receive payment of closed registry. Your entitled as a gift provider to a full refund less credit card fees incurred within 48 hours of providing a gift. You acknowledge that Birthdayfund.com may add new services and reserves the right to charge for any portion of the Birthdayfund.com Services. Birthdayfund.com reserves the right to change its fees (if any) at its discretion. If Birthdayfund.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
THERE ARE ABSOLUTELY NO CANCELLATIONS OR REFUNDS AFTER THE REGISTRY YOU FUNDED HAS BEEN CLOSED. THERE ARE NO EXCEPTIONS TO THIS CANCELLATION POLICY.
Fraudulent Credit Card Charges or Fraudulent Claims
All requests to negate charges are investigated by our technical department and legal department. If you make a fraudulent claim of unauthorized card usage, we will report this to the credit card services. This report may result in cancellation of your card services, put negative information on your credit report, and create possible criminal charges that may be filed against you.
Anti Money Laundering Policy
It is the policy of Birthdayfund.com to comply with the Bank Secrecy Act, the USA PATRIOT Act of 2001, the rules and regulations overseen by the United States Treasury Department’s Office of Foreign Assets Control, and other anti-money laundering obligations imposed by federal and other applicable laws.
Reason for Policy/Purpose
The purpose of this policy is to enhance Birthdayfund.com's compliance with anti-money laundering laws and regulations, to assist law enforcement in combating illegal money laundering, and to minimize the risk of Birthdayfund.com's resources being used for improper purposes. Failure to comply with anti-money laundering regulations could result in civil and criminal penalties.
The USA PATRIOT Act
The official title of the USA PATRIOT Act is “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT Act) Act of 2001.” The USA PATRIOT Act, enacted by Congress in 2001 in response to the September 11, 2001 terrorist attacks, (among other things) amended and strengthened the BSA. It imposed a number of AML obligations directly on broker-dealers, including:
- AML compliance programs
- customer identification programs
- monitoring, detecting, and filing reports of suspicious activity
- due diligence on foreign correspondent accounts, including prohibitions on transactions with foreign shell banks
- due diligence on private banking accounts
- mandatory information-sharing in response to requests by federal law enforcement
- compliance with “special measures” imposed by the Secretary of the Treasury to address particular AML concerns.
Source Document - USA PATRIOT Act: Title 3 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Pub. L. No. 107-56, 115 Stat. 296 (2001). To view U.S. Patriot Act text Click Here
Contact Information
All requests for further information, comments or questions should be directed to: Birthdayfund.com., 822 Isthmus Ct. Suite #A, San Diego, CA 92109, or send us an email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE
