Gift Card Terms & Conditions
Last Updated: March 17, 2022
These Gift Card Terms & Conditions (“Gift Card Terms”) apply to Gift Cards (defined below) purchased from the websites, apps, and services operated by CuriosityStream Inc. (“we,” “our,” or “CS”) where these Gift Card Terms are posted (the “Services”). For buyers and recipients of Gift Cards based in Germany, additional terms and conditions will apply. Please see the Germany-Specific Disclosures below. Where the Germany-Specific Disclosures conflict with any other provision in these Gift Card Terms, the Germany-Specific Disclosures shall prevail with respect to users in Germany.
Gift Card recipients must be at least 13 years of age. By purchasing, accepting, or redeeming a Gift Card, you are agreeing to be bound by these Gift Card Terms. Gift Cards may be subject to additional terms presented in connection with the offer. If any such additional terms conflict with these Gift Card Terms, the additional terms shall control.
From time to time, we may offer one-time electronic codes redeemable for access to one or more of our Services under certain terms and conditions (“Gift Cards”). Gift Cards provide access only to the specific Service identified in the offer, and only for the set amount of time identified in the offer (“Gift Card Period”). If the Gift Card provides access to more than one Service, that will be specified in the offer. Occasionally, we may provide a limited-time offer for a lifetime Gift Card, which gives the recipient access to the applicable Service for as long as that Service is available and supported (“Lifetime Gift Card”). A Lifetime Gift Card may not be transferred to any other person besides the intended recipient. CS makes no warranties as to the expected lifetime of any of the Services. In purchasing, accepting, or redeeming a Gift Card of any length, you acknowledge and agree that the applicable Service could change or terminate at any time in the future, including prior to the redemption or full enjoyment of the Gift Card. Further, we reserve the right to stop offering Gift Cards at any time.
Gift Cards will not be replaced if lost, stolen, deleted, destroyed, or used without your permission, unless required by law. Gift Cards are non-refundable and cannot be returned, re-loaded, transferred, or redeemed for cash, except in states where cash redemptions are required by law. Gift Cards do not expire and are not subject to any transaction fees. Gift Cards are issued by CuriosityStream Inc., 8484 Georgia Ave., Suite 700, Silver Spring, MD 20910, email: email@example.com, telephone number: 844-778-8999.
When you purchase, accept, or redeem a Gift Card, you agree that the laws of the State of Maryland, without regard to principles of conflict of laws, will govern these Gift Card Terms.
These Gift Card Terms do not apply to any sites or services where they are not posted, whether or not such sites or services are operated by CS. If a CS-operated site or service includes different terms and conditions applicable to its gift cards, those terms and conditions shall apply.
For any questions, please contact CS at firstname.lastname@example.org.
The following additional provisions shall apply to purchasers and recipients of Gift Cards based in Germany. Where these Germany-Specific Disclosures conflict with any another provision of the Gift Card Terms, the Germany-Specific Disclosures shall prevail with respect to users in Germany. For the avoidance of doubt, these Germany-Specific Disclosures do not apply to the purchase or use of Gift Cards by users outside of Germany.
- Acceptance. By accepting the Gift Card Terms when purchasing or redeeming a Gift Card, you are agreeing to be bound by these Gift Card Terms. This does not deprive consumers of the protection afforded to them by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of a choice of law, would have been applicable (e.g., consumer laws of the consumer’s state of habitual residence). Thus, you will benefit from any mandatory provisions of the law of your local jurisdiction, and nothing in these Gift Card Terms affects your rights as a consumer to rely on such mandatory provisions of local law.
- Age Limit for Gift Card Recipients. In deviation from the above Gift Card Terms, Gift Card recipients must be at least 18 years old.
Conclusion of the Contract. The presentation of Gift Cards does not constitute a legally binding offer, but merely an invitation to you to make a binding offer for the acquisition of the Gift Card(s). You may choose a specific Gift Card and initiate the ordering process by clicking on the button “Buy Now”. Before clicking the button “Buy Now” (or similar), the total price including statutory VAT in the respective applicable amount as well as, if applicable, duties, charges and shipping costs are displayed. At that stage, you will have the opportunity to identify and correct any incorrect entries and errors before finally placing the binding order. Before placing the binding order, the contractual provisions including these Gift Card Terms can be accessed once again and saved in a durable medium by you. The above operations are non-binding.
Further, we have the right to refuse to process incomplete and/or incorrect orders. In this case, you will be informed that no contract has been concluded and that we have not processed your order, stating the relevant reasons. You can print out or save this version of the Gift Card Terms using the corresponding functions of your browser or download it here as a “pdf” and save it on your device. You will also receive the contractual provisions together with information on the purchased Gift Card by email upon our order confirmation. The contract terms will be saved and stored after the contract has been concluded internally by us in compliance with data protection requirements but are not stored and saved for you. The order confirmation and the text of the contract should be kept carefully by you as this is the proof of purchase. The contract shall be governed exclusively by the contents of the order confirmation and these Gift Card Terms in the version valid at the time of the order and brought to your attention with the possibility of printing them out and saving them on a durable medium. Therefore, you should read these Gift Card Terms before each order to always remain informed of possible updates and changes. Some Gift Cards may be subject to additional terms. Any such additional terms will be brought to your attention before a contract is concluded. Availability, description, term, prices and payment terms of the Gift Cards are detailed on the website and may be specified in additional terms. The language of the contract is German.
- Transferability of Gift Cards. You may not transfer your Gift Cards under these Gift Card Terms to third parties without our express prior consent. To request our consent, please contact email@example.com.
- Refund. CS will only refund the remaining balance on the Gift Card if required by law and as expressly stated in these Gift Card Terms. If required by applicable law, we will make a pro-rata refund of the price paid for the respective Gift Card in case we terminate the applicable Service during the Gift Card Period and the user has not yet redeemed or fully enjoyed the Gift Card.
Limitation of Liability. Unless otherwise stated in these Gift Card Terms, we shall be liable for a breach of contractual and non-contractual obligations in accordance with the statutory provisions. We shall be liable for damages - irrespective of the legal grounds - within the framework of fault-based liability in the event of intent and gross negligence. In the event of simple or slight negligence, we shall be liable, subject to statutory limitations of liability (e.g., due care in own affairs; insignificant breach of duty) only
- for damages arising from injury to life, body, or health (i.e., death or personal injury); and
- for damages arising from the breach of a material contractual obligation (obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner regularly relies and may rely); in this case, however, our liability shall be limited to compensation for the foreseeable, typically occurring damage.
These limitations do not apply in case of fraud, fraudulent misrepresentation, if we have fraudulently concealed a defect, have given a guarantee of quality, or have assumed a procurement risk. Furthermore, any mandatory statutory liability, in particular under the German Product Liability Act, shall remain unaffected. The limitations of liability resulting from this Section shall also apply to our executive bodies, legal representatives, employees, staff and vicarious agents and/or other persons for whose fault CS is responsible in accordance with statutory provisions.
- Choice of Forum. Any dispute between the parties will be resolved by the competent court of the place where you have your residence or elective domicile.
- Online Dispute Resolution. The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr. We are not obligated or willing to participate in a dispute resolution procedure before a consumer arbitration board.
Right of Withdrawal. As a Consumer purchasing a Gift Card for yourself or a third-party recipient you have a right of withdrawal in accordance with the rules described in the information below. A “Consumer” means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.
INFORMATION ON THE RIGHT OF WITHDRAWAL
RIGHT OF WITHDRAWAL
You have the right to withdraw from a Gift Card purchase contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third-party recipient indicated by you acquires the Gift Card.
To exercise the right of withdrawal, you must inform us (CuriosityStream Inc., 8484 Georgia Ave., Suite 700, Silver Spring, MD 20910, email: firstname.lastname@example.org, telephone number: 844-778-8999) of your decision to withdraw from this contract by making a clear statement (e.g., a letter sent by post or email or a telephone call). You may use the below model withdrawal form, but you are not required to do so.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
EFFECTS OF WITHDRAWAL
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. Your Gift Card code will be disabled after you exercise your right of withdrawal.
MODEL WITHDRAWAL FORM
(Complete and return this form only if you wish to withdraw from the contract)
Model Withdrawal Form
To: CuriosityStream Inc., 8484 Georgia Ave., Suite 700, Silver Spring, MD 20910, Email: email@example.com
I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of purchase of the following Gift Card: […] [Please describe the Service the Gift Card relates to and the Gift Card Period so it is possible to identify which Gift Card the withdrawal refers to];
- ordered on (*) /received on (*);
- name of Consumer(s);
- address of Consumer(s);
- signature of Consumer(s) (only if this form is notified on paper);
(*) Please complete as appropriate