Giftlinks

Terms of Use for gifters
V1.0, last updated: 04/10/2019
gohenry’s Giftlinks feature provides a simple and secure way for children to receive money straight to their GoHenry card on special occasions from friends and family.
Your access and use of our GoHenry website (gohenry.com/us), our GoHenry application and all related sites, services, products, features, functions, technologies or contents (collectively the “Services”) to gift money to a GoHenry child through our Giftlinks feature is subject to your compliance with these Terms of Use. Please read them carefully as your access and use of the Giftlinks feature and our Services constitutes your acceptance of these Terms of Use and forms a legally binding agreement between GoHenry Inc (“gohenry”, “we'', “our” or “us) and you. If you do not wish to be bound by these Terms of Use, please do not access or use our Giftlinks feature and Services.
Fee
We do not charge a fee for your access or use of our Giftlinks feature. However, please note that your wireless carrier may charge fees for your data usage in connection with your use of our Services.
Using Giftlinks
You may use our Giftlinks feature to gift money to a GoHenry child who is an authorized user of a GoHenry account (otherwise known as the "Sub Account Cardholder" as further defined in our "Cardholder terms and Conditions") established by a GoHenry parent (otherwise known as the "Primary Account Holder" as further defined in our "Cardholder terms and Conditions").

When you receive a Giftlinks invite from a GoHenry parent you will be prompted with a secure web page where you will be able to gift money to that parent’s child’s GoHenry card (without the need to download the GoHenry application). Anyone with a debit or credit card registered to a valid US address may gift money through our Giftlinks feature. Please note that we do not accept prepaid card payments. If you are under 13 and want to gift money please obtain one of your parent’s approval first. When gifting money always keep in mind our load limits as described below.

The GoHenry child and the parent will be notified as soon as you gift money. The monetary gift will be delivered to the child’s GoHenry card on the delivery date set by their parents. You will be notified when the delivery date of the gift is reached.

Please note that a GoHenry parent may disable a Giftlink invite at any time and for any reason. If you have gifted money before a Giftlink invite is disabled, the GoHenry child will still receive your gift. This is to avoid disappointment by promising money and then taking it away. As such, once a gift is made through our Giftlinks feature, it cannot be refunded back to you.

Please note that interest will not be paid to you or the monetary gift for any value associated with the giftlinks gift. There is no deposit account associated with the giftlinks gift. The value associated with the giftlinks gift prior to its redemption by the GoHenry child is not insured by the federal deposit insurance corporation.
Limits
For security and regulatory purposes, we impose limits on our Giftlinks feature, including limits on the amount to be gifted, subject to applicable law. The Giftlinks feature can only be used for a single load of funds to a child’s GoHenry card. To make subsequent gifts, you will need to make an additional monetary gifts. The entire balance of the monetary gift will be transferred on the gift delivery date set by the parents.

Here are the limits you should be aware of:

EventMaximum number of daily loadSingle load limitDaily load limitMonthly load limit
Loads during the GoHenry child birthday month (a birthday month means the 30 days period before the birthday date and the 5 days period after the birthday date)10$350n/a$750
Loads outside the GoHenry child birthday month3$350n/a$350


The annual maximum amount of received payments is nine hundred ninety nine (999) loads of a total of ten thousand dollars ($10.000).

The payments exceeding this daily limit will be rejected.
Refunds
Please note that once a monetary gift has been made through our Giftlinks feature it cannot be refunded back to you, even if the Giftlinks invite has been disabled. This is to avoid disappointment by promising money and then taking it away.
Representations and Warranties
As a condition of your use of the Giftlinks feature you warrant to us that: (i) you will not use the Giftlinks feature and our Services for any purpose that is unlawful or prohibited by these Terms of Use; (ii) that you are a U.S citizen or legal alien residing in the United States or Puerto Rico; (iii) or that any and all personal information that you provide to us in connection with the Giftlinks features and our Services is true, correct, and complete, and that you have reviewed and agreed to be bound to these Terms of Use. We may refuse to process any transaction or provide you with any of our Services that we believe may violate these Terms of Use or applicable law.
Privacy and Security
In order to use the Giftlinks feature, you must have access to the Internet and provide us with certain identification information, including but not limited to your name, residential street address, payment information and email address. We will use this information to provide you with the Giftlinks feature and it will be used in accordance with our privacy policy. By using the Giftlinks feature and our Services you agree to our privacy policy.

Please note that your payment card issuer’s privacy policy may also apply, depending on the nature of your transaction and the issuer’s own policies. For information on an issuer’s privacy policy, please contact the applicable issuers, as this is unfortunately outside of our control.

Moreover, by using the Giftlinks feature, you acknowledge and agree that perfect security does not exist, that internet transmissions may not be secure, and that a third party may intercept information that you provide to or receive from our Services, despite our efforts to protect any such transmissions.
Ownership
All of the content on our Giftlinks feature or any of our Services, including without limitation the GoHenry logo, is owned by us. Please do not copy, download or use any of our material for either private or commercial use. We retain all right, title, and interest (including all copyright, trademark, patent, trade secrets and all other intellectual property rights) in our Services as well as our trademarks, service marks, designs, logos, URLs, and trade names that are displayed in connection with our Services.
Disclaimer of Warranties
Except as expressly otherwise provided in these Terms of Use, we make no representations or warranties of any kind to you, whether express or implied, regarding the Giftlinks feature or our Services, including without limitation, any warranties regarding the availability or operation of the Giftlinks feature or our Services or any implied warranties of merchantability or fitness for a particular purpose. Your use of the Giftlinks feature or our Services is at your own risk.
Limitation of Liability
To the extent permitted by applicable law, we (including our directors, officers, employees, advisors and agents) and our and their affiliates, subsidiaries, and service providers will not be liable to you for: delays or mistakes resulting from any circumstances beyond our control, including, without limitation loss of profits, data, goodwill, or any other intangible losses; the failure of merchants to honor the card, or to perform or provide services; communication system failures or any failures or malfunctions attributable to your equipment, any internet service, any mobile phone network or any other communication network, or any payment system. Without limiting the foregoing, in the event that we are held liable for damages to you in a competent legal proceeding, you will only be entitled to recover your actual damages. In no event shall you be entitled to recover any indirect, incidental, special, consequential, extraordinary, exemplary, punitive, or special damages (whether in contract, tort or otherwise), even if you have advised us of the possibility of such damages. This provision shall not be effective to the extent otherwise required by law. To the extent permitted by law, you agree that your recovery for any alleged negligence or misconduct by us shall be limited to the total amount loaded on your child’s card.
Indemnification
You agree to defend, indemnify, and hold us and our officers, directors, agents, affiliates, subsidiaries, joint ventures, licensees, employees, shareholders, and any third-party partners, harmless from and against all damages, expenses, losses, costs, or any other claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use or your violation of any law or regulation, or the rights of any third party.
Disputes with card issuers or third parties
Please know that we are not responsible for the delivery, quality, safety, legality, or any other aspect of any products or services provided by card issuers or other third parties. You must resolve all such issues and disputes with the applicable card issuer or other third party. We are not responsible for any late fees, overdrafts, overlimit fees, declined transactions, service terminations, or any other losses if your Giftlinks gift exceeds the balance or limit set on your payment account.
Governing Law and Jurisdiction
These Terms of Use and any GoHenry Services provided hereunder will be governed by and construed in accordance with the laws of the State of New York, without regard to any laws that would direct the choice of another state’s laws and, where applicable, will be governed by and construed in accordance with the federal laws of the United States. You consent and submit to the exclusive jurisdiction of the state and federal courts located in New York with respect to all controversies arising out of or in connection with the use of the Giftlinks feature and these terms that are not subject to arbitration or to any proceedings to enforce the arbitration provision or to confirm or vacate an arbitration award.
Other miscellaneous terms
These Terms of Use set forth the entire understanding and agreement between you and us, whether written or oral, with respect to the Giftlinks feature and supersede any prior or contemporaneous understandings or agreements between you and us with respect to the Giftlinks features. If any of these terms are invalid, or declared invalid by order of court, regulatory authority, or change in applicable law, the remaining terms of these Terms of Use will not be affected, and these Terms of Use will be interpreted as if the invalid terms had not been included in these Terms of Use.

We may change these Terms of Use at any time and without notice to you, subject to applicable law. If we do so we will post the changes here and they will be effective immediately so please check this page as often as you can as your access or use of our Giftlink feature and Services constitutes your acceptance of these Terms of Use. If you do not agree with any such changes, please do not access or use our Giftlinks feature and our Services.
Questions
If you have any more questions about these terms contact us at the address outlined below. Please know that from time-to- time, we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law. GoHenry Member Service agents are available Monday to Friday 9:00am to 5:00pm EST, 7 days a week

LiveChat – accessible from the GoHenry website and our mobile apps.
Email - via [email protected]
Call us – toll-free at (877) 372-6466
Or write to us at:
GoHenry Inc Member Services
WeWork Building
54 W. 40th St.
New York NY
10018
USA

The GoHenry card is issued by the Community Federal Savings Bank and is governed by the terms and conditions of the Community Federal Savings Bank Cardholder Agreement.