Terms and Conditions

Please read these Kinesis Gift Card Terms and Conditions (this “Agreement”) carefully before using our website or mobile application. 

Welcome to the Kinesis Gift Card mobile payment application (the “App” or “Kinesis Gift Card”) operated by Kinesis Cayman “Kinesis“, “we”, “our”, or “us”) that allows you to make purchases with the App. By agreeing to these Terms and Conditions, you (“user”, “consumer”, “member”, “guest”, or “your”) will be allowed to purchase merchant gift cards (“Merchant Gift Cards”) and use them immediately, at the point of sale, to purchase products and services from any of our Kinesis Gift Card merchants (each, a “Merchant”). Typically, you will be able to earn a cashback reward when you purchase a Merchant Gift Card calculated as a percentage of the face value of the Merchant Gift Card you elect to purchase in the App (the “Gift Card Value”), with such reward varying among Merchants, which reward may also change from time to time, and will be applied to your Kinesis Wallet in KAG or KAU, as you have selected in the App.  

Your access to and use of the Program requires your compliance with these Terms and Conditions. By downloading and using the App or accessing and/or using any portion of the Program, you agree to be bound by this Agreement. 

1. Eligibility, Registration and Account 

In order to access certain features of the Program, you must create a user account with us (“User Account”). You may only create and hold one user account for your personal use and must register using a valid credit card or debit card or

other accepted payment method set forth in the App. You are responsible for updating and correcting information you have submitted to create or maintain your User Account. As part of your account settings, you have the option to save, edit or delete your personal information, including, without limitation, payment data. You understand and agree that we shall have no responsibility for any incident arising out of, or related to, your user account settings. You must safeguard your password and supervise the use of your User Account. You are solely responsible for maintaining the security of your User Account and maintaining settings that reflect your preferences. You agree that we may presumptively assume that anyone using the program or transacting through your User Account is you. Until a  reasonable time after you notify us to lock your User Account, you agree that you are solely responsible for any activity that occurs under your User Account. 

When you register, you will create unique login credentials (a “User ID”) and a user personal identification number (“User PIN”). Access to the Program is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Program have previously been terminated by us, may not register for a User Account, nor may you designate any of those individuals to use your User Account on your behalf. 

We rely on User IDs to know whether users accessing and using the Program are authorized to do so. If someone accesses or uses our program using a User ID that we have issued to you, you agree to allow us to rely on that User ID and presumptively assume that access has been made by you. You are solely responsible for all access to the Program by persons using your User ID. Please notify us immediately to lock your Account if you become aware that your User ID is being used without your authorization. 

Your Account is non-transferable.

Registration and establishing a User Account are completely free. Your use of the Program is conditioned upon the following representations you are making under these Terms and Conditions (upon your acceptance thereof) that: 

• You are at least 18 years of age; 

• You possess the authority to create a binding legal obligation. 

• You may be asked to provide any or all of the following information at the time you register a User Account and/or at a point of sale: 

  • First Name 
  • Last Name 
  • Email Address
  • Username
  • User PIN  
  • Phone Number 

You agree and acknowledge that all information provided by you to us shall be true, accurate, current, and complete in all material ways. We reserve the right, but have no obligation, to verify your information through whatever means we may deem reasonable including the use of outside service providers. Once a User Account has been opened and registered by you, you agree to update any information periodically so that your User Account is accurate and current at all times. Furthermore, once a User Account has been opened and registered, in full satisfaction of all the requirements for registration, we grant you permission to access and use the Program as set forth in this Terms and Conditions and related agreements, policies, and disclosures, provided your use is consistent with the intended features of the services we provide. 

For security purposes, it is recommended that you memorize your User PIN and not write it down. You are responsible for keeping your password, User ID, User PIN, and other account information confidential. 

You must be logged into Kinesis Gift Card and enter your User PIN to change your account information and payment preferences. You may check your account status at any time via the App. 

You may terminate your User Account at any time and for any reason by deleting your account via your account page in the App or by requesting that we cancel your User Account and membership in the Program by emailing a said request to [email protected]. By cancelling your Kinesis Gift Card membership, the User Account registered to you will be terminated and may no longer be accessible and any rewards, points, or funds on the account immediately forfeited. Any termination request will be handled by us within 30 days of receipt. Any suspension, termination or cancellation will not affect your obligations to us under the Terms and Conditions (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation. 

2. Privacy Policy 

In order to make the Program as useful and rewarding as possible, we need to collect and process information from you when you use the Program. We will collect certain Personally Identifiable Information from you as set forth in more detail in our Kinesis Gift Card Privacy Policy which is part of these Terms and Conditions. When you use the Program, we have access to, and in many cases will monitor, your usage of the program as you send and receive Content (defined below). By accessing and using the Program, you agree that we may collect, use and disclose, as set forth in the Kinesis Gift Card Privacy Policy, certain information you provide during your access to or use of the program, and in some cases information that is provided to the Program by other parties. As part of providing you access to the Program, we may need to provide you with certain infrequent service communications, such as service announcements and administrative messages (“Program Communications”). These program communications, which will not include advertisements, are considered part of the Program and your User Account, which you may not be able to opt out from receiving. 

3. Use of Your Information 

We may use the information we collect about you for various purposes, including to: 

• Create a User Account on the Program if you have requested one; 

• Provide the services and products you have requested; 

• Personalize and improve your online experience; 

• Respond to e-mails or other requests, inquiries, comments, or questions; 

• Provide customer support; 

• Present you with offers tailored to your interests based on past activities or usage of the Program;

• Monitor and analyze trends, usage, and activities of visitors to, and users of, the Program;

• Improve the Program, our marketing, and products or services we may offer; 

• Contact you regarding your use of the Program or, in our discretion, changes to our policies;

• Verify and/or authenticate any user’s identity, including yours; 

• Provide you with information that we believe may be useful to them, such as information about products or services offered by us or by others; 

• Maintain records of our transactions and communications; 

• Comply with applicable laws, regulations, or legal processes as well as industry standards and our company policies; 

• Prevent, investigate, identify, or take any other action regarding any suspected or actual fraudulent or illegal activity or any activity that violates our Terms and Conditions; or 

• For any other purpose, with your consent. 

We also may use the information we obtain about you in other ways for which we provide notice at the time of collection. 

In addition, we use information collected online through cookies, web beacons, and other automated means for purposes such as recognizing your browsing device when you visit the program, tracking your activity as you navigate the program, or analyzing your use of the program. This information may be used to track your activity over time on various websites and services, as well as across different devices you may use to access the Internet and our program. 

We may share the information we collect about you with third parties for various purposes as described below: 

We have retained certain service providers to perform certain business-related functions on our behalf. For example, our service providers may offer services such as research, analytics, hosting websites, fulfilling transactions, maintaining databases, administering contests, providing technology services and platforms, deliveries, and processing payments. We may also need to share information with other companies to enable the uses described above in “How We Use Information About You” or elsewhere in the Kinesis Gift Card Privacy Policy. Typically, when we provide these companies with Personally Identifiable Information, they are only provided with that Personally Identifiable Information they need to perform their functions and that Personally Identifiable Information can only be used as is necessary to perform the services on our behalf, or to comply with legal requirements. Similarly, where appropriate, we often take steps to require third-party service providers to protect Personally Identifiable Information.

We also may share your information: (1) if we are required to do so by law, regulation, or legal process (such as in response to a court order or subpoena or similar government request for information); (2) to fulfil requests by government agencies, including law enforcement authorities; (3) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual illegal activity; (4) to enforce our policies, or to protect legal rights, property, or safety; (5) with third parties, to investigate or address possible criminal or fraudulent activity; or (6) in the event of a joint venture, partnership, merger, or other collaboration with another organization. 

We reserve the right to transfer any information we obtain through the online services in the event we sell or transfer all or a portion of our business or assets (e.g., further to a merger, reorganization, liquidation, or any other business transaction, including negotiations of such transactions) 

4. Use by Minors (under the age of 17) 

The Program is not directed to children under the age of 17. We do not knowingly collect information, including Personally Identifiable Information, from children or other individuals who are not legally able to use the Program. If you are under the age of 18, please do not submit any information to us. If we obtain actual knowledge that we have collected Personal Identifiable Information from a child under the age of 18, we will promptly delete it and close the User Account, unless we are legally obligated to retain such data. Contact us at [email protected] if you believe that we have mistakenly or unintentionally collected information from a child under the age of 18. 

5. Use by Adults under the Age of 21 

You must be at least 21 years of age to purchase certain products and services that are intended for adults, including but not limited to alcohol, cigarettes, and vaping products (collectively, “Adult Products and Services”) or to use any site functionality related to Adult Products and Services restricted to those 21 years of age and over. We reserve the right to refuse service, terminate accounts, terminate your rights to use the Program, remove or edit content, or cancel orders if you act in violation of this Section. 

6. Information Collected by Third Parties 

This disclosure does not apply to the practices of any third-party services (including apps, skills, and websites) that may be accessed through the program. Before using any third-party service, you should review the applicable terms and policies to determine their appropriateness including the service’s data collection and use practices. 

7. Terms of Sale 

Through the Program, we offer you the ability to purchase products offered by our merchants and receive a reward from Kinesis (the “Kinesis Gift Card Reward”). The Kinesis Gift Card Reward varies from Merchant to Merchant and may change from time to time. The App calculates the value of the Kinesis Gift Card Reward as a percentage of the face value of the gift card you requested to purchase (including tax and gratuity, if applicable) (the “Gift Card Value”).  We will bill you the Gift Card Value and the Kinesis Gift Card Reward will be deposited in your account when you complete the transaction on the App. Your purchase of the Kinesis Gift Card will be funded in accordance with the Payment Method, as defined below, selected in the User Account. Prior to the issuance of a merchant gift card, you will be issued a Kinesis Gift Card (a “Kinesis Gift Card”). Once purchased, the Kinesis Gift Card will immediately be exchanged for the merchant gift card (each, a “Merchant Gift Card”) in the amount of the Gift Card Value. Evidence of the Merchant Gift Card will be displayed on your screen as either a barcode or a numerical code together with instructions for how it is to be presented to the Merchant. Presentation instructions vary by Merchant. 

All Merchant 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.

Merchant Gift cards purchased via the App are issued and activated by participating third-party Merchants. Your purchase of each Merchant 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 Merchant Gift Cards, Merchants may set expiration dates for such Merchant 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 Merchant Gift Card. If you have questions regarding the applicable merchant terms, please contact the issuing Merchant. 

As issuers of the Merchant Gift Cards, the Merchants (and not us) are fully responsible for all aspects of the Merchant’s gift card. Merchants are also responsible for any and all liabilities, damages and costs suffered by you or any other customer in connection with your purchase and use of their Merchant Gift Card. While we strive to work with reputable merchants, we have no liability for (i) the sale of products or services to you by a Merchant through the use of any Merchant Gift Card; and (ii) any Merchant’s failure to honour a Merchant 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 sell; however, we do not represent or warrant that any gift card and information about the 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 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 (less any Kinesis Gift Card Reward issued with respect to such purchase).  

The App accepts payments in KAG or KAU currency from an associated Kinesis Wallet (“Payment Method”). Unless otherwise indicated, the Gift Card Value will be billed in full to you at the time of your purchase. By making the purchase, you acknowledge that you are authorized to use the designated Payment Method in the App and you authorize us to charge your purchase using such designated Payment Method. When you provide your payment information, you authorize us (or a third-party payment processor) to process and store your payment and related information. In the event that the designated Payment Method cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically. Payment processing fees to third parties may apply, even if the Payment Method has not been fully consummated, has expired or is changed by the time the App submits the charges. You are responsible for resolving any problem we encounter in order to proceed with your order.  

With respect to the Merchant Gift Cards that you purchase through the website or the App, if the Gift Card Value does not include sales, value added or use taxes, or gratuities, or is otherwise insufficient to pay for your entire purchase at the Merchant, the Merchant will charge you separately for the difference at the time you purchase products or services from the Merchant using the Merchant Gift Card. 

All purchases made on the App are final. Purchased Merchant Gift Cards are non-returnable and non-refundable, provided, however, that if a Merchant Gift Card does not function, we may, in our sole discretion, either refund you the Gift Card Value related to such defective gift card (less the Kinesis Gift Card Reward), or replace it with an alternative gift card or with products or services of equal value for the same gift card merchant. If you have any questions or problems with your order, please contact [email protected]  

You are not permitted to make purchases from us 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.  

8. Intellectual Property and Limited License 

Unless otherwise indicated by us, the services and all content and other materials therein, including, without limitation, the Kinesis Gift Card logo, the Terms of Sale and all other designs, text, graphics, pictures, information, data, software, sound files, other files material provided to you by or on behalf of us (collectively, “Kinesis Gift Card Content”) are the proprietary property of us or our licensors or users and are protected by the U.S. and international intellectual property laws. 

We hereby grant you a limited, nonexclusive, non-sub licensable license to access and use the Program and Kinesis Gift Card Content solely for the purpose of purchasing, sending or managing gift cards or receiving other services under these Terms and Conditions; however, such license is subject to these Terms and Conditions and you are not permitted to (a) sell, rent, lease, lend, redistribute, sublicense or make commercial use of the program or the Kinesis Gift Card Content; (b) copy, reverse engineer, decompile, disassemble or attempt to discover the source code of our program or Kinesis Gift Card content; (c) modify, alter or otherwise make any derivative uses of the program or the Kinesis Gift Card Content, or any portion thereof; (d) remove, alter or obscure any copyright, trademark or other proprietary rights notice included in the Program or Kinesis Gift Card Content; (e) use any data mining, robots or similar  data gathering or extraction methods in relation to the Program or Kinesis Gift Card Content; (f) download (other than the page caching) any portion of the Program or the Kinesis Gift Card Content, except as expressly permitted via the Program; and (g) use the Program or the Kinesis Gift Card Content other than for their intended purposes. Any use of the Program or the Kinesis Gift Card Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted in this Section 8. Such unauthorized use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time. 

9. Trademarks 

Kinesis” and the Kinesis logo and any other Kinesis product or service names, logos or slogans are our trademarks in the United States and in other countries, and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Program or Services are the property of their respective owners and may not be used without permission of the applicable trademark holder. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us. 

10. Copyright 

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Kinesis has adopted a  policy of terminating, in appropriate circumstances and at its sole discretion, users who are deemed to be repeat infringers. Kinesis may also, in our sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below: 

Kinesis Copyright Agent 

Kinesis Gift Card 

at 338455 registered at 36A Dr. Roy’s Drive 

Grand Cayman, Cayman Islands 

Email: [email protected] 

Please see our Kinesis Gift Card Privacy Policy for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

11. Third-Party Services and Materials 

We may provide links to third-party websites, apps, mobile services or other third-party services (“Third-Party Services”) and may also display, link to or otherwise make available third-party content, data, information, events, apps or materials (“Third-Party Materials”) in the Program. We do not endorse or control, and make no representations or warranties of any kind, regarding any Third-Party Services or Third-Party Materials including, but not limited to, the content, accuracy, quality, nature, appropriateness, decency, functionality, performance, reliability, completeness, timeliness, validity, safety, legality or any other aspect thereof. Your use of Third-Party Services and Third-Party Materials is at your own risk. We are not responsible for any issues, legal or otherwise, that may result from your use of the Third-Party Services or Third-Party Materials, including any loss, damage or harm of any sort incurred as a result of your use of Third-Party Services or Third-Party Materials. If you access or use any Third-Party Services or Third-Party Materials, our terms and policies, including these Terms and Conditions, no longer govern. You should review the applicable terms and policies including, but not limited to, privacy and data gathering practices, of any Third Party Service to which you navigate from the Program. For the avoidance of doubt, the terms and policies for Third Party Services are solely between you and the Third-Party Services provider and not us. 

12. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER USER CONTENT 

You are solely responsible for all content you post, upload to, transmit, distribute, store, create or otherwise publish through the program (“User Content”). The User Content you provide must comply with the rules set forth below. These rules do not create any private right of action on the part of any third-party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules. 

You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Program any of the following: 

• User Content that is libellous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, invasive of privacy or publicity rights, fraudulent, deceptive or otherwise objectionable; 

• User Content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or otherwise create liability or violate any local, state, national or international law; 

• User Content that may infringe or violate any patent, trademark, trade secret, copyright, or other intellectual property or other right of any party; 

• User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences; 

• User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; 

• Private information of any third-party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers or credit card numbers; 

• Unsolicited promotions, political campaigning, or commercial messages (SPAM) or any chain messages;

• User Content designed to deceive or trick the user of the Program; 

• Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality of the Program; or 

• User Content that, in our sole judgment is objectionable. 

Although we do not control and have no obligation to screen, edit or monitor any of the User Content posted, stored or uploaded on (or otherwise made available via) the Services, we reserve the right, and have absolute discretion, to remove, screen or edit any User Content posted, stored or uploaded on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post, store or upload on (or otherwise make available via) the Services at your sole cost and expense. We take no responsibility and assume no liability for any User Content posted, stored or uploaded on (or otherwise made available via) the Services. 

Except for any Feedback you provide with respect to the Program, you retain ownership of the User Content you post, store or upload on (or otherwise make available via) the Program. You hereby grant us and our affiliates a non-exclusive, royalty-free, perpetual and irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any manner or media, on or off the Program. You represent and warrant that: (i) you own and control all of the rights to the User Content that you post, store or upload on (or otherwise make available via) the Program or you otherwise have the right to make available such User Content via the Program and grant the rights granted in these terms; (ii) the User Content that you post, store or upload on (or otherwise make available via) the Program is accurate and not misleading; and (iii) our use of the User Content you supply does not violate these Terms and Conditions and will not violate any rights of, or cause injury to, any person or entity. 

13. User Conduct 

The Program may be used and accessed for lawful purposes only. You agree to not encourage, or conspire with anyone else, to engage in any conduct that is inconsistent with the purposes, intent and spirit of the Program. You also agree to abide by all applicable local, state, national and foreign laws and regulations in connection with your use of the Program. In addition, you agree that you are solely responsible for your conduct and the conduct of anyone who uses your Account with respect to the Services and that you will not, and will not permit anyone using your Account to do any of the following in connection with the Program: 

• Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Services or that could damage, disable, overburden or impair the functionality of the Services in any manner or in any way inconsistent with any documentation provided to or made available to you by us concerning the Services; 

• Flag content or report abuse for improper purposes or without good reason; 

• Use the Program for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these terms or any other rules or policies established from time to time by us; 

• Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose; 

• Create an Account or post, store or upload (or otherwise make available) any user content if you are not over 18 years of age; 

• Use or attempt to use another User’s Account without authorization from such user and us; • Modify, adapt, hack or emulate the Program; 

• Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Program or to extract data; 

• Develop any third-party applications that interact with User Content or the Program without our prior consent; 

• Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Program or third parties; and

• Infringe upon or violate the rights of us, our users or any third-party. 

If your Account is disabled, you, or anyone acting under your discretion, is/are strictly prohibited from creating another Account with us. 

We take no responsibility and assume no liability for any user conduct, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter while using the Program. Your use of the Program is at your own risk. Any use of the Program in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Program. 

14. Digital Currencies 

Holding digital manifestations of physical commodities, such as KAG and KAU is highly speculative and involves a  substantial degree of risk that you lose value based on market conditions. You should carefully consider whether such digital currencies are suitable for you in light of your financial condition. These digital currencies are considered volatile because of how much and quickly the value of the physical commodity it represents can change. We cannot protect you from losses as a result of this volatility. We do not make any recommendations regarding buying or selling digital currencies or the underlying physical commodities. Please be sure to conduct your own research and consider seeking advice from your financial and tax advisor. 

It is your responsibility to determine any tax impact of your digital currency transactions. We do not provide tax advice and we are not responsible for your cryptocurrency wallet. 

15. Third Party Services 

If you access services offered by a third party through the Service, you may be required to provide additional personal information to the provider of such third-party services, as set forth in the third party’s terms and conditions, which you will be required to accept as part of accessing such third-party services. Any issues or concerns you have related to the usage of such third-party services should be directed to the provider of such third-party services in accordance with their respective terms and conditions. 

16. Termination 

You may terminate your User Account at any time and for any reason by deleting your account via the App or by requesting that we cancel your User Account and membership in the Program by emailing said request to [email protected]. By cancelling your Kinesis Gift Card membership, the User Account registered to you will be terminated and may no longer be accessible and all and other unused Merchant Gift Cards or credits immediately forfeited. Any termination request will be handled within 30 days of receipt of such a request by us. Any suspension, termination or cancellation will not affect your obligations to us under these Terms and Conditions (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation. 

Upon termination, all licenses and other rights granted to you under the Terms and Conditions will immediately cease, and you will forfeit all unused Merchant Gift Cards, rewards, or credits. We will not be liable to you or any other person for termination of your user account or suspension of your access to the program. 

17. Account Inactivity 

We may deem your account inactive if you have not actively used the Program or App for 180 days or more. Once your account is deemed inactive, you will be notified of such action and if you do not activate your Account within an additional 360 days after such notice, any or all rewards, unused Merchant Gift Cards, or credits in your account may be forfeited, without further notice and at our sole and absolute discretion, and we may terminate the Account.

18. Feedback 

You can submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or materials about us and the Program (collectively, “Feedback”). Feedback, whether submitted through the program or otherwise, is non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you. 

19. Disclaimers 

You expressly acknowledge and agree that your use of the Program and Kinesis Gift Card Content is at your sole risk and that the entire risk as to the satisfactory quality, performance, safety, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Program and Kinesis Gift Card Content are provided “as is” and “as available” basis. We disclaim any and all warranties and representations (express or implied, oral or written) with respect to the Program and the Kinesis Gift Card Content contained therein, including any and all: (i) implied warranties of merchantability; (ii) implied warranties of fitness or suitability for any purpose (whether or not we know, have reason to know, have been advised or are otherwise aware of any such purpose); and (iii) warranties of non-infringement or condition of title. We do not warrant that the functions contained in the Program will be accurate or meet your requirements, that the operation of the Program will be uninterrupted or error-free, or that any defects in the Program will be corrected. No oral or written information, guidelines or advice given by us or our authorized representative will create a warranty. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this Section 17 may not apply to you. 

20. Indemnification 

You agree to defend, indemnify and hold us (and our affiliates, subsidiaries and our and their respective officers, directors, employees and agents (collectively with us, the “Indemnified Parties”) harmless from any claim or demand made by any third-party due to or arising out of or related to: (i) your breach of these Terms and Conditions, (ii) your improper use of the Program, (iii) your violation of any third parties’ intellectual property rights, (iv) your intentional misconduct, fraudulent acts or gross negligence, (v) any content you provide via the Program or (vi) your violation of any applicable law, including any applicable tax laws. You agree to pay any and all losses, costs, damages and expenses (including reasonable legal fees and expenses) (collectively “Damages”) for which any Indemnified Party is found liable in respect of any such claim or demand and to reimburse each Indemnified Party immediately for any damages that the Indemnified Party has directly incurred, suffered or paid. 

You hereby recognize that we are not the issuer of any Merchant Gift Card sold through the Program. To the extent permitted under applicable law, you agree to release us from any claim or liability arising out of or related to (i) how and whether a Merchant honours its Merchant Gift Card(s) purchased through the Program and (ii) any Merchant’s failure to honour a particular Merchant Gift Card purchased by you through the Program. 

21. Limitation of Liability 

To the maximum extent permitted under applicable law, in no event will we be liable to you or any third-party for any fees or costs incurred by you, including, but not limited to, any fees associated with your device, the cost to purchase and operate your device, the cost of any Merchant Gift Cards, the cost of any products or services purchased with any Merchant Gift Card, or incidental, special, indirect, consequential, exemplary, or punitive damages whatsoever including, but not limited to, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to the Program and/or the Kinesis Gift Card Content, including but not limited to the Merchant Gift Cards, promotions, related products and services (including, but not limited to, the redeemability of Merchant Gift Cards or promotions), User Content, Kinesis Gift Card Content, Third-Party Services and/or Third-Party Materials, however caused, regardless of the theory of liability (contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory) and even if we have been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation may not apply to you. In no event will our total liability, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the services exceed fifty dollars ($50.00). 

22. Applicable Law 

Kinesis is based in the Cayman Islands and operates the Program in the United States. Use of the Program is subject to U.S. law. If you choose to access or use the Program from locations outside the United States, you do so at your own risk and are responsible for compliance with all applicable laws, rules and regulations. The laws of the state of Arizona, excluding its conflicts of law rules, govern your use of the Program. Your use of the Program may also be subject to other local, state, national, or international laws. You agree that any action at law or in equity arising out of or relating to the Program or the Terms and Conditions will be filed only in the courts of the Cayman Islands, and you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of the Program (including, but not limited to, your use of the Services). 

23. Modification or Termination of Services 

We reserve the right to change, suspend, remove, discontinue or disable access to the Program at any time and without notice. In no event will we be liable for the removal of or disabling of access to any portion or feature of the Program. 

24. Changes to Terms and Conditions 

We may change these Terms and Conditions from time to time. If we make changes, we will notify you by revising the date at the top of these Terms and Conditions. We encourage you to review these Terms and Conditions whenever you utilize the Program to stay informed about our information practices. 

25. Severability 

If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. 

26. Waiver 

Enforcement of the Terms and Conditions is solely at 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. 

27. Assignment 

We may assign these Terms and Conditions and our rights thereunder or delegate its obligations thereunder without your consent. All provisions contained in these Terms and Conditions shall extend to and be binding upon you and our successors and assigns. You may not assign these Terms and Conditions to another person or entity. 

28. Third-Party Services 

The Program may contain content, services provided by third parties and/or links to Third-Party Services, websites or resources. We are not responsible or liable for the availability, accuracy, functionality, adherence to third-party policies, or legality of, and we do not endorse, such websites, services or resources or the content, products, or services on or available from such websites or resources. You are solely responsible for and assume all risks arising from your use of any such websites, services or resources. 

29. How To Serve A Subpoena Or Other Legal Process 

We accept service of subpoenas or other legal processes only through our registered agent, Kinesis Registered Agent. Subpoenas or other legal processes may be served at the following address: 

Kinesis Cayman

Attn: Kinesis Registered Agent 

at 338455 registered at 36A Dr. Roy’s Drive 

Grand Cayman, Cayman Islands 

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or Payment Method details used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for devices; and IP address and complete time stamps. 

30. How to Contact Us 

If you have questions regarding these Terms and Conditions, you may email us at [email protected] or write to us at: 

Kinesis Cayman 

Kinesis Gift Card 

Attention: Terms and Conditions 

at 338455 registered at 36A Dr. Roy’s Drive 

Grand Cayman, Cayman Islands 

31. Incorporation by Reference 

The following are incorporated into these Terms and Conditions by reference, with the intent that in the event of any conflict or inconsistency between the provisions of these Terms and Conditions and the following, these Terms and Conditions shall prevail: 

• Kinesis Gift Card E-Sign Consent Disclosure 

• Kinesis Gift Card Terms of Service 

• Kinesis Gift Card Privacy Policy 

• Kinesis Gift Card Copyright Policy

Privacy Policy

The Basics

About Us 

WE ARE COMMITTED TO PROTECTING AND RESPECTING YOUR PRIVACY. 

We will: 

• always keep your information safe and private; 

• never sell your information; and 

• allow you to manage and review your marketing choices at any time. 

Why do I need to read this notice? 

We will collect your personal information when you use: 

• the Kinesis Gift Card App; or 

• any of the Services you can get access to through the Program. 

THIS POLICY CONTAINS IMPORTANT INFORMATION 

This document explains what information we collect, how we use it, and your rights if you want to change how we use your personal information. 

If you have concerns about how we use your personal information, you can contact us at [email protected] 

Summary Privacy Notice

FACTSWHAT DOES KINESIS CAYMAN DO WITH YOUR PERSONAL INFORMATION?
Why? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
What? The types of personal information we collect and share depend on the product or service you have with us. This information can include: 
■ Phone number 
■ Name, address, date of birth and email address 
■ Payment card and bank information, cryptocurrency wallets, including account balances 
■ Location information When you are no longer our customer, we continue to share your information as described in this notice.
How? All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons we choose to share; and whether you can limit this sharing.
Reasons we can share your personal information Do we share? Can you limit this sharing?
For our everyday business purposes – such as processing your transactions, maintaining your account(s), responding to court orders and legal investigationsYes No
For our marketing purposes – to offer our products and services to youYes No
For joint marketing with other financial companies Yes No
For our affiliates’ everyday business purposes – information about your transactions and experiences Yes No
For our affiliates’ everyday business purposes – information about your creditworthiness Yes No
For non-affiliates to market to you No We do not share
Questions? Call e-mail to [email protected] or go to Kinesis Gift Card Privacy Policy

What information do you collect about me? 

Your personal information

There are two main types of information we collect about users of the Program: 

Personally Identifiable Informationis information that identifies you and may include, for example, your full (i.e., first and last) name, phone number, and email address.

Non-Personally Identifiable Informationis information that relates to you or the computer or mobile device you use to access the Program, but, does not on its own identify you personally. This information may include (for example), information about your use of the Program, including parts or functions of the Program you have used or viewed, content you have accessed or viewed, advertising sent to you or that you have viewed, transaction history, IP address and device identifiers, information about your internet connection, location information, information about the equipment or software you use to access the Program, and information you provide to or post on message boards or chat rooms that are part of the Program. 

How we collect information from you:

We collect information about you in three main ways: 

Directly from you, when you provide it to us. For example, when you register with the App, sign up for email or text alerts, make purchases via the Program, request products or services, respond to surveys, contact us or otherwise interact with us. This includes your first and last name, telephone number, and email addressess. 

Automatically, when you use our Program. We collect information using cookies and similar technologies, through logging your activities on the Program. In addition, after you have provided us with your information, we may automatically associate that information and other information that we collect with your account whenever you are logged in so that we can identify you across multiple devices and browsers. When you are not logged in, we may automatically collect information that can be used to recognize you across the devices you use. When you are using a Wi-Fi network to which we have access, we may also detect and identify a device to which you have previously logged in. You also authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to us or our service providers for the duration of your business relationship with us, solely to help us or them identify you or your wireless device and to prevent fraud. 

From third parties: we may obtain information about you from third parties outside of the Program. When you sign on to the Program or if you interact with us through a social media function such as a plug-in (for example, a Facebook “like” button) then you may be permitting us to have ongoing access to some information from your social network profile (such as your name, email address, your friend list, photo, age, gender, location, birthday, social networking ID, current city, the people/sites you follow, and so forth). We may also obtain information about you from a third-party data aggregator, cookie technology operator, advertising network, or another type of data company. 

IMAGE INFORMATION: We do not access your computer device’s camera or accept, obtain, or store any images from you. 

ANONYMIZED AND AGGREGATED DATA: Anonymization is a data processing technique that modifies personal information so that it cannot be associated with a specific individual. Except for this section, none of the other provisions of this Policy applies to anonymized or aggregated customer data (i.e., information about our customers that we combine together so that it no longer identifies or references an individual customer). 

We may use anonymized or aggregate customer data for any business purpose, including to better understand customer needs and behaviours, improve our Services, conduct business intelligence and marketing, and detect security threats or fraudulent activities. We may perform our own analytics on anonymized data or enable analytics provided by third parties. 

Types of data we may anonymize include, transaction data, click-stream data, performance metrics, and fraud indicators. 

HOW WE MAY USE YOUR INFORMATION 

We need certain personal information to provide our services and cannot provide them without this information. We may use the information we collect about you for various purposes, including to:

• Create an account for the Program, if you have requested one; 

• Provide the Program and Services you have requested; 

• Personalize and improve your online experience; 

• Respond to your emails or other requests, inquiries, comments, or questions; 

• Provide you with customer support; 

• Present you with offers tailored to your interests and past activities or usage of the Program;

• Monitor and analyze trends, usage, and activities of visitors to, and users of, the Program;

• Improve the Program, our marketing, and products or other programs we may offer; 

• Manage the Program (including troubleshooting, data analysis, testing, research, statistical and survey purposes), and to make sure that content from the Program is presented in the most effective way for you and your device. 

• Contact you regarding your use of the Program or, at our discretion, changes to our policies;

• Verify and/or authenticate your identity; 

• Provide you with information that we believe may be useful to you, such as information about products, services, or discounts offered by us or by others; 

• Maintain records of our transactions and communications; 

• Comply with applicable laws, regulations, or legal processes as well as industry standards and our company policies; 

• Prevent, investigate, identify, or take any other action regarding any suspected or actual fraudulent or illegal activity or any activity that violates our Kinesis Gift Card Terms and Conditions; or 

• For any other purpose, with your consent. 

We also may use the information we obtain about you in other ways for which we provide notice at the time of collection. 

In addition, we use information collected online through cookies, web beacons, and other automated means for purposes such as recognizing your browsing device when you visit the Program, tracking your activity as you navigate the Program, or analyzing your use of the Program. This information may be used to track your activity over time on various websites and services, as well as across different devices you may use to access the internet and our Program. 

ADVERTISING AND ANALYTICS SERVICE. 

We may use third-party ad networks to display advertising within our Program and across the internet, and we may use our own and third-party analytics services for various purposes including better understanding and enabling your use of our Program. These services may involve the use of web beacons, cookies, and other tracking technologies to collect information about your activities on our Program and other websites and online services, including device identifiers, web browser, pages viewed, time spent on pages, links clicked and conversion information. Further, your collected information and the analytics services may be used by us and others to, for example, to provide you with targeted advertising based upon your interests or location, analyze and track transaction-related and other collected data, and determine the popularity of certain content. Many of the ad networks on our Program participate in the Digital Advertising Alliance’s self-regulatory program, which allows you to opt out of having your browser information used for interest-based advertising. For more information, please visit www.aboutads.info/choices. Please note that opting out of interest-based advertising specifically does not opt you out of all advertising generally. You may continue to receive generic ads from ad networks on our service.

HOW WE MAY SHARE INFORMATION 

We may share information with service providers that we have retained to perform certain business-related functions on our behalf: For example, our service providers may offer services such as research, analytics, hosting websites, fulfilling transactions, maintaining databases, administering contests, providing technology services and platforms, deliveries, and processing payments. We may also need to share information with other companies to enable the uses described above in “How We May Use Your Information” or elsewhere in this Policy. Typically, when we provide these companies with Personally Identifiable Information, they are only provided with that Personally Identifiable Information they need to perform their functions and that Personally Identifiable Information can only be used as is necessary to perform the services on our behalf, or to comply with legal requirements. Similarly, where appropriate, we often take steps to require third-party service providers to protect Personally Identifiable Information. 

We also may share your information: (1) if we are required to do so by law, regulation, or legal process (such as in response to a court order or subpoena or similar government request for information); (2) to fulfil requests by government agencies, including law enforcement authorities; (3) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual illegal activity; (4) to enforce our policies, or to protect legal rights, property, or safety; (5) with third parties, to investigate or address possible criminal or fraudulent activity; or (6) in the event of a joint venture, partnership, merger, sale or other collaboration with another organization. 

HOW WE PROTECT INFORMATION 

We maintain procedural, technical and physical safeguards for the Program to help protect against loss, fraud, misuse or unauthorized access, disclosure, alteration or destruction of the Personally Identifiable Information you provide via the Program. Unfortunately, no transmission of data is guaranteed to be completely secure. It may be possible for third parties not under our control to intercept or access transmissions or private communications unlawfully. Therefore, any transmission of Personally Identifiable Information to us is made at your own risk. If you believe that your interaction with us is no longer secure, please notify us using the contact details below. 

MANAGING YOUR INFORMATION 

You have many choices to access the information we collect about you and about how we use or disclose that information. This section details many of those choices, including how you can exercise rights you may have with respect to your information including Personally Identifiable Information, how you can opt out of collection and use of certain types of information for certain purposes (such as marketing), and how you can use your browser or third-party tools to disable certain collection methods such as cookies or tracking technologies. 

You may access, correct, amend, or delete information we have about you by logging into your account and navigating to your account page. If you wish to cancel your account, you may do so through your account page. If you do, Personally Identifiable Information associated with your account will be deleted as soon as is reasonably practical or as required or permitted by applicable law. Please note that we may retain information that is otherwise deleted in anonymized and aggregated form, in archived or backup copies as required pursuant to records retention obligations, or otherwise as required by law. 

We may use some of the information we collect for marketing purposes, including sending you promotional communications about new Kinesis Gift Card features, products, events, or other opportunities. If you wish to stop receiving these communications or to opt out of the use of your information for these purposes, please follow the opt-out instructions by clicking “Unsubscribe” (or similar opt-out language) in those communications. You can also contact us at [email protected] to opt out.

COOKIES AND SIMILAR TECHNOLOGIES AND HOW WE USE THEM 

WHAT ARE COOKIES? 

Like many companies, we use cookies and similar technologies in our Program (referred to together from this point forward as “Cookies”, unless otherwise stated) including HTTP cookies, flash cookies, HTML5 and Flash local storage, web beacons/GIFs, embedded scripts, e-tags/cache browsers (as defined below). Cookies are small files, typically of letters and numbers, downloaded onto your computer or mobile device when you visit certain websites. When you return to these websites, or visit other websites that use the same cookies, the websites recognize these cookies and your browsing device. A cookie cannot read data off your hard drive or read cookie files created by other websites. 

Cookies set by the website operator are called “first-party cookies”. Cookies set by parties other than the website operator are called “third-party cookies”. The parties that set third-party cookies can recognize your web browser both when it visits the Site and when it visits certain other websites where the third-party’s cookies are also present. 

More information on cookies and their use can be found at www.aboutcookies.org or www.allaboutcookies.org. WHY DO WE USE COOKIES? 

When you access our Site, App, and Services, we or companies we work with may place cookies on your computer or another device. These technologies help us better understand user behaviour and inform us about which parts of our Site or App people have visited. 

We use first-party and third-party cookies to recognize you as our customer, customize Services, content, and advertising, to measure promotional effectiveness, and to collect information about your computer or another access device to mitigate risk, help prevent fraud, and promote trust and safety. 

We may place cookies from third-party service providers who may use information about your visits to other websites to target advertisements for products and services available from us. We do not control the types of information collected and stored by these third-party cookies. You should check the third-party’s website for more information on how they use cookies. 

We may use cookies for a variety of other purposes and to enhance your online experience, for example, by remembering your log-in status and viewing preferences from a previous use of the Program, for when you later return to the Program. In particular, our Program uses the following categories of cookies: 

Strictly Necessary Cookies: We may use cookies required for system administration, to prevent fraudulent activity or to improve security. We are not required to obtain your consent to use cookies that are strictly necessary. 

Analytics and Performance-Related Cookies: We may use cookies to assess the performance of our Program, including as part of our analytic practices to improve the content offered through the Program. We use third-party analytics merchants to analyze statistics and evaluate our services and the content we provide to you. These merchants may collect or have access to your anonymized information, pursuant to their own privacy policies. 

Functionality-Related Cookies: We use cookies to tell us, for example, whether you have visited the Program before or if you are a new visitor and to help us identify the features and content in which you may have the greatest interest. 

Targeting-Related Cookies: We may use cookies to deliver content, including ads, relevant to your interests on our Program and third-party sites based on how you interact with our advertisements or content. We have set out further information about the use of cookies by ad networks below. Your use of the Program indicates your consent to our use of cookies.

HOW LONG WILL COOKIES STAY ON MY BROWSING DEVICE? 

The length of time a cookie will stay on your browsing device depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on your device until you close your browser. Persistent cookies stay on your browsing device until they expire or are deleted. 

COOKIES AND TRACKING TECHNOLOGIES – HOW TO OPT OUT? 

If you would prefer not to accept cookies or otherwise wish to disable our use of tracking technologies, most browsers and mobile devices allow you to change your settings so as to notify you when you receive cookies or other tracking technologies are being used, and to choose whether or not to accept/allow it. Most browsers also allow you to disable or delete existing cookies or to automatically reject future cookies. Disabling cookies may limit your ability to use the Program. 

Certain tracking technologies we use are related to advertising networks, and through those technologies, we may share certain information such as IP addresses with such advertising networks. No Personally Identifiable Information is shared with these advertising networks, but please note that the information we share with such advertising networks might be combined with other information about you that those networks may have collected from other sources. 

Certain tracking technologies we use involve the use of session replay scripts or other scripts that run directly from your browser. If you wish to disable these tracking technologies, you can install a third-party browser analytics blocker plug-in. 

If you have any questions about how we or our third-party service providers use cookies or other tracking technologies that aren’t answered in this Privacy Policy, please contact us at [email protected] 

International Transfers (Including Transfers Outside of the European Union) 

If you are utilizing the Program from outside the United States, please be aware that we process and store information on servers located in the United States, and we may store information on servers and equipment in other countries depending on a variety of factors, including the locations of our users and service providers. By using the Program, you consent to the transfer of information (including customer information, content, and Personally Identifiable Information) to locations that may be outside of your country of residence, including the United States. You acknowledge and agree that, as a condition of providing any content, you can legally transfer it to the United States or another country. 

With respect to transfers of information out of the European Union (EU), we may process some Personally Identifiable Information pursuant to data processing agreements that include the EU Standard Contractual Clauses. To learn more about our data processing agreements, please contact us at [email protected]money. 

Links To Other Websites 

The Program may include links to other websites for your convenience and information. Websites that are operated by entities not affiliated with us may have their own privacy policies or notices, which we strongly suggest you review. We are not responsible for the content or privacy practices of any linked websites that we do not control. 

Limited Access to Your Contacts 

The Program may ask permission to access your contacts on your mobile device. If you agree to provide such access, we will access the contact details from your device, consistent with this section. We will not store your contacts locally or on any other computer or database. We do not send your contacts to our servers. We do not send your contacts to anyone else. We limit our access to your contacts exclusively for the single purpose which is to display your contacts to you in the Program, and to allow you to select a user in your contacts to whom you would like to send a digital gift card. If selected by you, the Program will send the digital gift card to the selected contact at their email address.

Social Features 

The Program may include features that are designed to permit interactions that you initiate between the Program and third-party websites or services, including third-party social networks (“Social Features”). Examples of Social Features include enabling you to “like” or “share” our content on other websites or services; make comments on certain pages using a plugin; or to transmit content to the program from your account on a third-party website or service. 

If you use Social Features on the program, we and the third-party service that operates the social features may have access to certain information about you and your use of both the program and theirs. The information we collect in connection with social features is subject to this Policy. The information collected and stored by the third parties remains subject to those third parties’ privacy practices, including whether the third parties continue to share information with us, the types of information shared, and your choices as to what is visible to others on those third-party websites or services. 

Children’s Privacy 

The Program is not designed or intended for use by children under 18, and thus, if you are under 18, we ask that you do not use the Program or provide us with any information. If we discover that we have inadvertently gathered any such information then we will, to the extent required by law, delete such information from our records. If a parent or guardian becomes aware that his or her child under 18 has provided us with information without his or her consent, he or she should contact us at [email protected] 

California Privacy Rights 

California minors under 18 years old may request the removal of any information that they posted to the Program by contacting [email protected] Upon such request, we will anonymize or remove from public view any content posted by a minor to the Program, unless required by law to retain such content or information. 

California law permits customers in California to request certain details about how their “personal information” (as defined by California Civil Code Section 1798.83) is shared with third parties for direct marketing purposes. Under the law, a business must either provide this information or permit California customers to opt in to, or opt out of, this type of sharing. We do not share personal information with third parties or affiliates for those third parties’ or affiliates’ own direct marketing purposes. California customers may request information about our compliance with this law by contacting us at [email protected] or by postal mail sent to: 

Kinesis Cayman 

Kinesis Gift Card 

Attention: California Privacy Inquiry 

at 338455 registered at 36A Dr. Roy’s Drive 

Grand Cayman, Cayman Islands 

Your inquiry must specify “California Privacy Rights Request” in the subject line of the email or the first line of the letter, and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year. 

Usernames & Passwords 

It is important that you protect and maintain the security of any account and that you notify us immediately of any unauthorized use of any Kinesis Gift Card account. Do not disclose your password to anyone else. 

Changes To This Privacy Policy 

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this Privacy Policy. We encourage you to review this Privacy Policy whenever you visit the Program to stay informed about our information practices.

How To Contact Us 

If you have questions regarding this Privacy Policy, you may email us at [email protected] or write to us at: 

Kinesis Cayman 

Kinesis Gift Card 

Attention: Privacy Inquiry 

at 338455 registered at 36A Dr. Roy’s Drive 

Grand Cayman, Cayman Islands

This procedure is exclusively for notifying us that your copyrighted material has been infringed. We do not, and will not, make any legal decisions about the validity of your claim of infringement or the possible defences to a claim. When a clear and valid Notice is received pursuant to the guidelines set forth below, we will respond by either taking down the allegedly infringing content or blocking access to it. We may contact the notice provider to request additional information. Under the Digital Millennium Copyright Act (“DMCA”), we are required to take reasonable steps to notify the user who posted the allegedly infringing content (“Alleged Infringer”). The Alleged Infringer is permitted to send us a counter-notification. If you are uncertain whether particular material infringes a copyright held by you or a third party, you should contact an attorney. Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. You agree to indemnify and hold us harmless from any claims arising out of, or in connection with, your DMCA notice. 

To be effective under the DMCA, the copyright owner must send a written notice by fax, regular mail, or email only. We reserve the right to disregard a notice that is not in compliance with the DMCA. 

A DMCA notice must: 

1. Identify specifically the copyrighted work(s) believed to have been infringed; 

2. Identify the material that is accessible on the Site or App and which is allegedly infringing upon the copyrighted work(s). The copyright owner must provide detailed information reasonably sufficient to enable us to locate the item on the Site or App, such as clear screenshots of the allegedly infringing materials (for identification purposes); 

3. Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available); 

4. Provide information sufficient to permit us to notify the Alleged Infringer, if available (preferably, an email address); 

5. Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.” 

6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.” 

7. Be signed by a person authorized to act on behalf of the copyright owner; and 

8. Be sent to our DMCA-designated agent at the following address:

Kinesis Cayman Copyright Agent 

Kinesis Gift Card 

at 338455 registered at 36A Dr. Roy’s Drive 

Grand Cayman, Cayman Islands 

Email: [email protected]

Terms of Service

These Terms are a legal agreement between you (“you,” or “your”) and us. By utilizing the App for payment 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 in the App. 

We reserve the right to change, modify, add or remove all or part of these Terms at any time and at our sole discretion. If we make changes to these Terms, we will provide notice of such changes by posting such changes on the Site and or in the App 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 in the App to ensure you understand the terms and conditions that apply to such purchase. Your continued use of our products indicates your acceptance of any changes to the Terms. 

1. Payment for purchases using Kinesis Gift Card 

Merchant Gift Cards. We offer a variety of digital gift cards and/or digital gift codes (collectively, “Merchant Gift Cards”)  for purchase via the Site or the App which are issued and activated by participating third-party merchants, retailers and vendors (collectively “Merchants”) via the Site or the App which are then used to pay for products offered by the Merchants. To accomplish this a Kinesis Gift Card is purchased using the payment method designated in the App (the “Payment Method”). Each purchase of a Merchant Gift Card you make in the App will results in an instant reward (the “Kinesis Gift Card Reward”) earned and being applied to your Kinesis Wallet in KAU or KAG, as selected by you and as set forth below. 

The Kinesis Gift Card Reward varies from Merchant to Merchant and may change from time to time. The App calculates the Kinesis Gift Card Reward as a percentage of the face value of the Merchant Gift Card you purchase (including tax and gratuity, if applicable) (the “Gift Card Value”). We will bill you the Gift Card Value when you complete the transaction on the App, which will be paid in accordance with the payment method selected in the User Account (the “Payment Method”). Prior to the issuance of a merchant gift card, you will be issued a Kinesis gift card (a “Kinesis Gift Card”). Once purchased, the Kinesis Gift Card will immediately be exchanged for the merchant gift card (each, a  “Merchant Gift Card”) in the amount of the Gift Card Value. Evidence of the Merchant Gift Card will be displayed on your screen as either a barcode or a numerical code together with instructions for how it is to be presented to the Merchant. Presentation instructions vary by Merchant. 

All Merchant 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. 

After purchasing a Merchant Gift Card, these Terms will no longer apply to the Merchant Gift Card, and you (or the recipient of the Merchant Gift Card) must utilize the Merchant Gift Card by following the instructions provided by the Merchant. 

Typically, activated Merchant Gift Cards may be available within seconds; however, additional time may be required for certain activations. If your Merchant Gift Card has not been activated within 30 seconds, please contact us at [email protected]

Merchant Gift Card Terms and Liability. Merchant Gift Cards purchased via the Site or the App are issued and activated by participating third-party merchants, retailers and vendors (collectively “Merchants”). Your purchase of each Merchant 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 Merchant Gift Cards, Merchants may set expiration dates for such 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 Merchant Gift Card. If you have questions regarding the applicable Merchant terms, please contact the issuing Merchant. 

As issuers of the Merchant Gift Cards, Merchants (and not us) are fully responsible for all aspects of the Merchant Gift Card programs. Merchants are also responsible for any and all liabilities, damages and costs suffered by you or any other customer in connection with your purchase and use of their Merchant Gift Card. While we strive to work with reputable Merchants, we have no liability for (i) the sale of products or services to you by a Merchant through the use of any Merchant Gift Card; and (ii) any Merchant’s failure to honour a Merchant Gift Card. You will need to look solely to the Merchant for any remedy in connection with the foregoing issues. 

Merchant Gift Card Errors. We attempt to be as accurate as possible and to eliminate errors on the products that we sell; however, we do not represent or warrant that any Merchant Gift Card and information about such Merchant 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 Merchant 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 (less any issued Kinesis Gift Card Reward issued in connection therewith).  

2. Disclaimers 

In addition to the disclaimers, limits on liability and indemnification obligations set forth in the Kinesis Gift Card Terms and Conditions, which apply to these Terms and are incorporated herein by this reference, you waive and release us and our 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 of our products or services (including Merchant Gift Cards); and (ii) any act or omission of a Merchant in connection with a Merchant Gift Card it provides. 

With respect to the Kinesis Gift Card, the risk of loss and title for such products passes to you when you complete your purchase of the applicable Merchant Gift Card. We are not responsible for any damage or loss resulting from a stolen or lost product (including Merchant Gift Cards) or any use of your Kinesis Gift Card (including its conversion to a Merchant Gift Card) without your permission. We are not responsible for replacing your damaged or lost Kinesis Gift Card or Merchant Gift Card.  

We and our licensees, affiliates, and licensors make no warranties, express or implied, with respect to the Kinesis Gift Card or Merchant Gift Cards, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. 

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

3. Payment Options 

When making a purchase on the Site or the App, we accept KAG and KAU currency from an associated Kinesis Wallet.  Unless otherwise indicated, the Gift Card Value in relation to your purchase of a Merchant Gift Card will be billed in full and charged to your Payment Method at the time you purchase, and we provide, the Kinesis Gift Card. By making the purchase, you acknowledge that you are authorized to use the designated Payment Method and you authorize us to charge your purchase to that Payment Method. When you provide your payment information, you authorize us (or a  third-party payment processor) to process and store your payment and related information. In the event that the Payment Method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically. Payment processing fees may apply even if the Payment Method has expired or changed by the time we submit the charges. You are responsible for resolving any problem we encounter in order to proceed with your order. 

4. Taxes 

With respect to the Merchant Gift Cards that you purchase through the Site or the App, the amount paid for any Merchant Gift Card does not include sales, value added or use taxes or gratuities, which may be charged to you separately by the applicable Merchant at the time you purchase products or services from the Merchant using the Gift Card if the Gift Card Value is not sufficient to cover such purchase, including taxes and gratuities, if applicable. 

5. Cancellations; No Returns 

All purchases made on the Site or App are final. Purchased Merchant Gift Cards are non-returnable and non-refundable, provided, however, that if a Merchant Gift Card does not function, we may, in our sole discretion, either refund you the Gift Card Value paid by you to purchase the Merchant Gift Card, less any Kinesis Gift Card Reward issued to you in connection therewith, or replace the defective Merchant Gift Card with an alternative Merchant Gift Card or with products or services of equal value for the same Merchant Gift Card. If you have any questions or problems with your order, please contact [email protected].  

6. Excluded Users and Territories 

You are not permitted to make purchases from us 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.  

7. Privacy 

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

8. Severability 

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. 

9. Waiver 

Enforcement of the Terms is solely at 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. 

10. Contact Us 

If you have any questions or concerns regarding these Terms or our products, please contact us at: [email protected]

Note: This Kinesis Gift Card E-Sign Consent Disclosure (“E-Sign Consent”) applies to any and all communications and/or disclosures that we are legally required to provide to you in writing in connection with your Account and any related products and services (“Communications”). This E-Sign Consent supplements and is to be construed in accordance with the terms contained in the Kinesis Gift Card Terms and Conditions (“Agreement”) you received from  Kinesis Cayman (“Kinesis“). The words “we,” “us,” and “our” refer to Kinesis. The words “you” and “your” or “Account holder” means the account holder. As used in this E-Sign Consent, “Account” means the account you have with us.  

1. Consent for Electronic Signatures, Records and Disclosures  

Please be aware that your consent to the electronic delivery of disclosures will be required before you will be able to begin using your account. If you are unable or unwilling to provide such consent, please do not enrol for an Account.  

We suggest you read this document and print a copy for your reference. 

2. Scope of Communications to Be Provided in Electronic Form 

When you use a product or service to which this E-Sign Consent applies, you agree that we may provide you with any  Communications in electronic format and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below. Your consent to receive electronic communications and  transactions includes, but is not limited to Communications related to:  

● Legal and regulatory disclosures, notices, and communications associated with your Account and any related  products and services  

● Your Agreement and any notices about a change in the Agreement  

● Kinesis Gift Card Terms of Service and any changes to such Terms of Service 

● Kinesis Gift Card Privacy Policy, Kinesis Gift Card Copyright Policy, any new policies, and any notices about  a change in such policies 

● Error resolution policies and notices 

● Responses to claims filed in connection with your Account  

● Notices regarding insufficient funds or negative balances

 

3. Method of Providing Communications to You in Electronic Form 

All Communications that we provide to you in electronic form will be provided to you via our mobile app, website, or email.  

4. How to Update Your Records 

It is your responsibility to provide us with a true, accurate and complete e-mail address, your contact information, and other information related to this E-Sign Consent and your Account, and to maintain and update promptly any changes in this information. You may update your information by logging into your Account and updating your profile.  

5. Hardware and Software Requirements 

In order to access, view, and retain electronic Communications that we make available to you, you must have the following software and hardware: A mobile phone, tablet, PC or Mac compatible computer or another device capable of accessing the Internet and an Internet Browser software program that supports at least 128-bit encryption. To read some documents, you may need a PDF file reader. If these requirements change while you have an active Account,  and the change creates a material risk that you may not be able to receive Communications electronically, we will notify you of these changes. You will need a printer or a long-term storage device, such as your computer’s disk drive, to retain a copy of the E-Sign Consent and the other Communications for future reference.  

6. Requesting Paper Copies 

We will not send you a paper copy of any Communication, unless you request it, or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic  Communication to you. To request a paper copy, contact us by mailing your request to Kinesis Cayman, Attn: Paper  Copy Request, at 338455 registered at 36A Dr. Roy’s Drive, Grand Cayman, Cayman Islands.  

We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically. For the avoidance of doubt, requesting a paper copy of any  Communication, in and of itself, will not be treated as a withdrawal of consent to receive electronic Communications. 

7. Communications in Writing 

All Communications in either electronic or paper format from us to you will be considered “in writing.” You should print or download for your records a copy of this E-Sign Consent and any other Communication that is important to you.  

8. Federal Law 

You acknowledge and agree that your consent to electronic Communications is being provided in connection with a  transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National  Commerce Act (the “E-SIGN Act”), and that you and we both intend that the E-SIGN Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means. 

9. Termination/Changes 

We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.  

10. How to Withdraw Consent 

You may withdraw your consent to receive Communications in electronic form at any time by sending us a written request by mail to Kinesis Cayman, Attn: Paper Copy Request, at 338455 registered at 36A Dr. Roy’s Drive, Grand  Cayman, Cayman Islands. If you withdraw your consent, your Account and all associated cards will be closed in accordance with the Agreement and we will send subsequent required communications and disclosures to you in writing to the most current address we have on file, to the extent we have a current address on file.  

We will not impose any fee to process the withdrawal of your consent to receive electronic Communications. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal. In the meantime, you will continue to receive Communications in electronic form. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected. 

Last Updated August 20, 2022