Gift Certificate Terms and Conditions
Last updated November 2, 2023
By purchasing and using Company’s Service, User expressly agrees to be bound by the following Gift Certificate Terms and Conditions.
“Company” shall refer to Discover.live, Inc., its subsidiaries and affiliates.
“User” shall specifically mean the individual or entity who is a customer of Company, seeking virtual live-streaming tour experiences from Company. User seeks to engage Company to provide services virtually as more fully set forth in this Gift Certificate Terms and Conditions (“Gift Certificate Agreement”), subject to the Gift Certificate Agreement stated herein.
“Experiences” are live video/audio streaming and/or recorded content offered to Company’s Users. Experiences are delivered via Zoom / WebEx using Company’s assigned meeting links or via any other platforms assigned by Company.
Acceptance of the Gift Certificate Agreement. User agrees to this Gift Certificate Agreement for Gift Certificates when User purchases a gift certificate.
These terms are in addition to the Discover Live Terms and Conditions, DISCOVER.LIVE, INC. (“Company”) and except as explicitly stated, the Discover Live Terms and Conditions and Privacy Policy apply in full to purchasers of Gift Certificates (“Certificate”). All capitalized terms not defined here have the same meaning as stated in the Discover Live Terms and Conditions. Nothing in this Gift Certificate Agreement shall be construed to amend or contradict the Discover Live Terms and Conditions unless explicitly stated. If there is a conflict between the Discover Live Terms and Conditions and the Gift Certificate Agreement, Gift Certificate Agreement controls.
Redemption. Certificate is valid for 9 years from the initial date of purchase. Certificate is not valid or redeemable after the expiration date indicated on the Certificate confirmation email. Company has no obligation to remind or inform you of Certificate expiration.
Certificate may only be applied toward the purchase of eligible Experiences or services on the site. Experiences or services purchased are deducted from your Certificate balance. If a purchase exceeds your existing Certificate balance, the remaining amount due must be paid with another method.
Company reserves the right to immediately invalidate Certificate, without notice, should it receive a credit card charge back, returned check or other form of repudiated payment made towards the Certificate.
To redeem your Certificate, please follow the instructions on your Certificate. It may take up to 48 hours for your gift certificate code to become active in our system.
Limitations. Certificate may only be applied to the purchase of an Experience or service at checkout. Certificate cannot be reloaded, resold, refunded, transferred for value, or redeemed for cash, or credits in any other forms, except to the extent required by law. Certificate is not valid with any other offer or discount. Certificate is subject to availability.
It is the Certificate holder's responsibility to ensure the Certificate is redeemed before any applicable expiration date. Company will not replace lost or stolen Certificate provided by third party resellers.
Certificate can only be purchased by or gifted to individuals in the United States, not including US territories and possessions.
Certificate is void where prohibited or restricted by law. Company reserves the right to refuse service or reverse any Certificate purchase for any reason and return the funds to the original purchaser.
Certificate cannot be used to purchase other Certificate.
Risk of Loss. User should treat Certificate like cash. The risk of loss and title for Certificate is on the purchaser. Company is not responsible if any Certificate is lost, stolen, destroyed, or used without your permission.
Certificate will be emailed to the purchaser-provided recipient(s) email address(es). When ordering a Certificate, ensure the recipient's email address is correct. Company will not be held responsible for incorrect email addresses and unintended use. Every Certificate has a unique Certificate number which is required for redemption. Risk of loss will pass to the original purchaser or recipient of the Certificate upon the electronic transmission of such Certificate to the original purchaser or recipient.
Discontinuing an Experience or Service Purchased (if applicable). Company reserves the right to discontinue the sale of any Experience or service purchased using a Certificate but agrees to replace the Experience or service with another Experience or service of the same value.
Fraud. Company reserves the right to refuse to issue or honor a gift card, in the event of suspected fraud.
Severability. No waiver by Company of any Terms and Conditions set out in these Gift Certificate Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Gift Certificate Terms shall not constitute a waiver of such right or provision.
If any provision of the Gift Certificate Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Certificate Terms will continue in full force and effect.
Updates to the Gift Certificate Agreement. Company may revise and update these Certificate Terms from time to time at the company's sole discretion. All changes are effective immediately upon posting them and apply to all access to and use of the site thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the site.
Users' continued use of the site and purchase of Certificate and Experiences following the posting of revised Gift Certificate Terms means that users accept and agree to the changes. User is expected to check this page from time to time so User is aware of any changes, as they are binding on User.
Warranty. COMPANY AND ITS AGENTS AND AFFILIATES, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CERTIFICATE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Venue and Applicable Law. Certificate, and the Gift certificate Agreement is subject to and governed by the laws of New York, without reference to its principles of conflicts of law.
Severability. If any provision of the Gift Certificate Agreement should, for any reason, be held invalid, prohibited by law or unenforceable in any respect, such terms will not apply. However, the remainder of the Gift Certificate Agreement shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid, prohibited or unenforceable provision to make it valid and enforceable.
If any provision of the Gift Certificate Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Gift Certificate Agreement will continue in full force and effect.
Without Recourse. Company is the Certificate issuer and sole obligor to the Certificate owner. Company may assign its issuer obligations to an assignee, without recourse. If delegated, the assignee, and not Company will be the sole obligor to Certificate owner. Purchaser use or acceptance of Certificate constitutes acceptance of these Terms.
Acceptance of the Terms and Conditions. Use of your Certificate constitutes acceptance of Company Terms and Conditions and we therefore recommend you read them carefully. These Terms and Conditions shall be amended from time to time at the sole discretion of Company and shall be binding on the purchaser or the user of the Certificate. It is your responsibility to check these Terms and Conditions from time to time to ensure you are aware of any changes which may have been made.
Contact. We welcome your comments or questions. You can contact us at hello@discover.live, or +1.646.694.8178.