Terms of Sale

INSTABILL ("Company", "we" or "us") distributes MERCHANT- ISSUED VIRTUAL GIFT CARDS (Virtual Gift Cards) available for purchase through our website and mobile applications. Your purchase of any Virtual Gift Card is governed by these Terms of Sale (“Terms”). Your purchase of a Virtual Gift Card, described in Section 1.3 below, is governed by the applicable terms and conditions of that Virtual Gift Card and these Terms will cease to apply at the time of such purchase.

These Terms are a legal agreement between you (“you,” or “your”) and Company. By purchasing Company Virtual Gift Cards and/or clicking to “Accept” these Terms where that option is made available to you, you agree to be bound by these Terms. If you do not agree to these Terms, do not make any purchases from Company.

Company 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 Company to ensure you understand the terms and conditions that apply to such purchase. Your continued use of Company Virtual Gift Cards indicates your acceptance of any changes to the Terms.

Our websites and mobile applications allow you to buy and send our MERCHANT-ISSUED VIRTUAL GIFT CARDS (“Virtual Gift Card)”). The Virtual Gift Card may be initially loaded in variable amounts with specified increments but no more than $10,000.00 per Virtual Gift Card and is only valid for the purchase by you (or the recipient of your Virtual Gift Card) via the Company websites or mobile applications. If you purchase multiple Virtual Gift Cards on a single day, the total amount that you load on all the cards should not exceed $10,000. Unless otherwise stated, Virtual Gift Cards have no fees and will never expire; however, based upon the laws in the applicable state, if you (or the recipient of your Virtual Gift Card) do not use the Virtual Gift Card your funds may be escheated to such applicable state. Virtual Gift Cards are not redeemable for cash and no refunds or exchanges will be provided for Virtual Gift Cards (except as required by law).

We offer a variety of Virtual gift cards (collectively, “Virtual Gift Cards”) for purchase via our websites or mobile applications. Company accepts wire transfer payments for Virtual Gift Card purchase. All Virtual Gift Cards are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or any part of an order and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice and the price charged to you will be the price displayed at the time you place your order.

Virtual Gift Cards purchased via our websites or mobile applications are issued and activated by participating third-party merchants. Your purchase of each Virtual Gift Card will be governed by certain terms and conditions established by the issuing Merchant. Depending on the applicable law of your jurisdiction and the promotional nature of certain Virtual Gift Cards, Merchants may set expiration dates for such Virtual Gift Cards, in addition to other restrictions and requirements. You should review and familiarize yourself with all applicable Merchant terms and conditions prior to purchasing any Virtual Gift Card. If you have questions regarding the applicable Vendor terms, please contact the issuing Merchant.

As issuers of the Virtual Gift Cards, Merchants (and not Company are fully responsible for all aspects of their Virtual Gift Card programs. While Company strives to work with reputable Merchants, Company has no liability for (i) the sale of products or services to you by a Merchant through the use of any Virtual Gift Card; and (ii) any Merchants failure to honor a Virtual Gift Card. You will need to look solely to the Merchant for any remedy in connection with the foregoing issues.

We attempt to be as accurate as possible and to eliminate errors on the products that we sale; however, Company does not represent or warrant that any Virtual Gift Card and information about the Virtual Gift Card (including the description, Merchant 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 Virtual 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.

• In addition to the disclaimers, limits on liability and indemnification obligations set forth in the Terms of Service, which apply to these Terms and are incorporated herein by this reference, you waive and release Company and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any liabilities, damages and costs arising from or related to (i) your loss or the theft of any Company product (including Virtual Gift Cards); and (ii) any act or omission of a Merchant in connection with a Virtual Gift Card it provides.
• With respect to the Company products, risk of loss and title for such products pass to you when you complete your purchase of the applicable product. Company is not responsible for any damage or loss resulting from stolen or lost Company product (including Virtual Gift Cards) or any use of your Company product (including Virtual Gift Cards) without your permission. Company is not responsible for replacing your damaged or lost product or Virtual Gift Card.
• Company and its licensees, affiliates, and licensors make no warranties, express or implied, with respect to the Company products, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose.
• All Company products are freely transferrable within the USA or those countries acceptable and agreeable to the Merchant.

These disclaimers and limitations may or may not apply to you and are void where prohibited.

When making a purchase on the websites or a mobile application, Company accepts Payment Cards and may accept PayPal, Apple Pay, Google Wallet and Bitcoin. Unless otherwise indicated, the denominated value of the product (including Virtual Gift Card) will be billed in full at the time you purchase, and Company provides, the Company product or Virtual Gift Card. By making the purchase, you acknowledge that you are authorized to use the designated Payment Card or other payment method and you authorize us to charge your purchase order to that Payment Card or other payment method. When you provide your payment information, you authorize us (or a third party payment processor) to process your payment. In the event that the Payment Card or other payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically. Payment Card processing fees may apply even if the Payment Card has expired or changed by the time Company submits the charges. You are responsible for resolving any problem we encounter in order to proceed with your order.

With respect to the Virtual Gift Cards that you purchase on the website or mobile applications, the amount paid for any Virtual Gift Card does not include sales, value added or use taxes, which may be charged to you separately by the applicable Merchant at the time you purchase products or services from the Merchant using the Virtual Gift Card.

All purchases made on the websites or mobile applications are final. Purchased Virtual Gift Cards are non-returnable and non-refundable, provided, however, that if a Virtual Gift Card does not function, we may, in our sole discretion, either refund you the Virtual Gift Card purchase amount or replace the defective Virtual Gift Card with an alternative Virtual Gift Card or with products or services of equal value for the same Virtual Gift Card Merchant. If you have any questions or problems with your order, please contact EPINSUPPORT@INSTABILL.COM and/or 1-877-422-4873.

You are not permitted to make purchases from Company if you are (i) located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services; (ii) identified as a “Specially Designated National”; or (iii) placed on the U.S. Department of Commerce’s “Denied Persons List or Entity List” or any other U.S. export control list.

Please refer to our Privacy Policy for information about how we collect, use and disclose information and data.

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 Company products, please contact us at: EPINSUPPORT@INSTABILL.COM and/or 1-877-422-4873

Any disputes arising from the terms of Sale in this Agreement shall be adjudicated in the state of New Hampshire, Rockingham County by binding Arbitration.