Wishlist reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Wishlist Platform and update the “Last Updated” date at the top of these Terms. Revised Terms are effective immediately. If you disagree with the revised Terms, please stop using the Wishlist Platform immediately. Your continued access to or use of the Wishlist Platform will constitute acceptance of the revised Terms.

Unless defined elsewhere in this Agreement, the terms below shall have the following meanings.

Brand Gift Card: A third-party gift card or gift certificate that is redeemable for merchandise, food, or services, regardless of whether any cash may be paid to the owner as part of the redemption transaction.

Client: An organization or other third party that has invited you, as its employee, to use the Platform or has sent you a Gift Card as a benefit of its employee-incentive program and has separately agreed to our Master Service Agreement and Statement of Work (collectively, “Contract”).

Confidential Information: Any information disclosed by either party to the other party, either directly or indirectly, in writing, orally or by inspection of tangible objects (including, without limitation, documents, prototypes), which is designated as “Confidential,” “Proprietary” or some similar designation. For more information see below section titled, “Confidentiality.”

Disclosing Party: any individual who is disclosing secrets or other Confidential Information.

Gift Card: Digital and/or physical credit which is paid for upfront and can be redeemed later for an Offering on the Wishlist Platform by a designated User.

User Content: Any message, image, or content created or received by User on the Platform.

Offering: Any service, product, experience, or Brand Gift Card offered on the Platform and is fulfilled by a Provider.

Personal Information: Information about a User that is collected by their activity on the Platform or is submitted by the User.

Provider: Any third-party person, entity, or organization who provides and/or fulfills a Provider Service on behalf of Wishlist.

Provider Service: An activity, Brand Gift Card, product, or service that a Provider offers to Users on the Wishlist Platform

Selection: A choice which the user actively makes to reserve an Offering

Travel: An offering that allows a User to work with a Travel Partner to plan a trip of their choice.

Travel Partner: An authorized travel agent that works with a User to plan a trip of their choice.

User: Any person or persons granted access to the Platform due to their employment by Client, and for whom is receiving and redeeming a Gift Card, or participating in a Provider Service by a Provider, in any location, or on any medium. User may also be called “You” within this agreement.

Portions of the Platform include interactive features, such as messaging functions (thank you notes, peer recognition, reward messages, and other forms of employee recognition), comment features, personalized areas, and profiles that allow registered Users to post, display or transmit messages, content and other materials (collectively, “User Content”).

Wishlist is under no obligation to review any User Content and assumes no responsibility or liability relating to any User Content. Wishlist may block, reject, and/or remove any User Content at any time.

You represent and warrant that you own or control all rights in and to all User Content that you post, display, or transmit through the Platform and that you have the right to grant the license granted below to us and our licensees, successors and assigns. You also represent and warrant that all of your User Content does and will comply with these Terms. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Wishlist, shall be liable for such User Content, including its legality, reliability, accuracy, and appropriateness.

Any User Content you post, display or transmit through the Platform may be visible to other Users within your organization’s account. By providing any User Content, you grant to Wishlist and its licensees, successors and assigns the right to use, reproduce, modify, perform, display, and distribute any such User Content, but only for (i) purposes of operating and providing the Platform to you and to your organization and other authorized Users in your organization, if applicable according to your account settings or the terms of your organization’s Client Agreement, and (ii) Wishlist’s internal business purposes, including without limitation for analyzing usage of and improving its Platform.

Wishlist grants you a personal, limited, non-exclusive, non-transferable, revocable license to access and use the Platform and, if you are a registered user, to access and use the Platform through your browser or an Integration (defined below), in each case accordance with these Terms and any Agreement between Client and Wishlist.

Wishlist makes available to its Clients and Users from time to time application programming interfaces, browser or other application plugins and related documentation and other related materials, which may include sample code (collectively, the “API”). If you are a User, or an administrator or developer on behalf of an organization that is a Wishlist Client, then you may use the API for your internal business purposes to develop or enable web or other software services or applications (“Integrations”) that will communicate and interoperate with the Platform. Notwithstanding anything in these Terms or other agreement between you or Client and Wishlist to the contrary, the API is provided “as is,” and Wishlist makes no representation or warranty of any kind in connection with the API, including without limitation any representation or warranty that the API, Integrations, or any products or results of the use of the API or Integrations will meet your or your organization’s requirements, achieve any intended result, be compatible or work with any of your or your organization’s or any third party’s software, systems or other services.

If you are an administrator on behalf of an organization that is a Wishlist Client, then you may designate authorized Users of your organization’s account, and by using the Platform and the Service, you confirm that you are authorized by your organization to do so. Those authorized Users will have the ability to access your organization’s account and to take any actions that Users are authorized to take under these Terms and any applicable Agreement. If you establish or are given a User account as an employee or contractor of an organization that has an Agreement with Wishlist, you represent that you are authorized by your organization to do so, and you agree to use the Platform solely as authorized by your organization.

To access certain areas of the Platform, you may be asked or required to provide certain registration details or other information. It is a condition of your use of the Platform that all such details and information that you provide be correct, current, and complete. You expressly agree that all information you provide to register with Wishlist is subject to the terms of Wishlist’s Privacy Notice, and you consent to all actions we take with respect to your information consistent with Wishlist’s Privacy Notice.

If you choose or are provided with a username, password, or any other information as part of the security features of the Platform, you agree to treat such information as confidential, and you agree not to disclose it to any other person or entity. Your User account, if applicable, is personal to you, and you agree not to provide any other person with access to the Platform through your user account. You agree to notify Wishlist immediately if you become aware of any unauthorized access or use of your username, password or other security information.

Wishlist reserves the right to bar access to the Platform by any unauthorized user, or any user who Wishlist has reason to believe is in breach of these Terms.

Wishlist, User, and Client agree to implement and uphold commonly accepted internet safety and security protocols. Additionally, both parties agree to monitor and test their cybersecurity safeguards from time to time and adjust their safeguards in light of relevant circumstances or the results of any relevant testing or monitoring. Clients and Users are responsible for maintaining the confidentiality of their account and password and for restricting access to their account(s) and agree to accept responsibility for all activities that occur on or through their account or password.

Subject to meeting any requirements (such as completing any verification processes) set by Wishlist and/or the Provider, you can make a Selection on an Offering available on the Wishlist Platform by following the respective booking process. You agree to pay all applicable fees, including Booking Fees, Security Deposit (if applicable), applicable taxes, and any other fees (collectively, “Total Fees”) for any booking requested in connection with your Wishlist Selection.

Upon receipt of a booking confirmation from Wishlist, a legally binding agreement is formed between you and your Provider, subject to any additional terms and conditions of the Provider that apply, including in particular the applicable cancellation policy and any rules and restrictions specified by the Provider. Wishlist will collect the Total Fees at the time of the booking request or upon the Provider’s confirmation.

If you book a Provider Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Provider, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Provider. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in a Provider Service if accompanied by an adult who is responsible for them.

All Provider Services are subject to availability and shall be booked in advance in accordance with the requirements found on the Platform. Wishlist makes no claim or guarantee as to the availability of any specific Provider Service and has the right to refuse access to any Offering on the Platform with or without reason. In the event that Wishlist no longer offers, or otherwise terminates or withdraws, an Offering, you shall be entitled to exchange the Selection for another Offering of equal or lesser value.

Wishlist and Client are not responsible for damage that occurs while the User is participating in a Provider Service. Users will be solely responsible for all damage they may inflict against the Provider, Provider’s property, other attendees, Provider employees, injury to the User or their guests, or any other damage caused by the User during the Provider Service.

You should carefully review the description of any Offering you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness, or other requirements that the Provider has specified in their Offering description. At your sole discretion, you may want to inform the Provider of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in any Provider Service. In addition, certain laws, like the minimum legal drinking age in the location of the Provider Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules, and regulations that apply to your participation in a Provider Service.

Before and during a Provider Service you must at all times adhere to the Provider’s instructions.

You may not bring any additional individuals to a Provider Service unless such an individual was added by you as an additional guest during the booking process on the Wishlist Platform.

Once an Offering has been Selected, a User may not make any additions to the Provider Service that causes the cost of the Provider Service to increase. In doing so, the payment method will not work and the Provider will deny service to the User.

Providers and Users are responsible for any modifications to a booking that they make including but not limited to date changes, upgrades, change of services, etc. (“Booking Modifications”), and agree to pay any additional fees and taxes associated with such Booking Modifications.

Users cannot cancel a confirmed booking at any time and no refunds will be given to the User in the chance that a cancellation is made.

If a Provider cancels a confirmed booking, the User will receive a full refund of the Total Fees in the form of a new Wishlist Gift Card once Wishlist has collected the Total Fees from the Provider.

For Provider Services, if weather poses a safety risk to Users, or if it prevents a Provider from carrying out a Provider Service that takes place primarily outdoors, Providers may cancel the Provider Service. Providers may also cancel the Provider Service if other conditions exist that would prevent the Provider from offering the Provider Service safely.

In certain circumstances, Wishlist may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds and payouts. This may be for reasons set forth in these Terms or (i) where Wishlist believes in good faith while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Wishlist, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms. In these cases, Users will receive a full refund of the Total Fees in the form of a new Wishlist Gift Card.

Wishlist is not able to replace lost or stolen Gift Cards. Gift Cards are not redeemable for cash unless required by law. Unauthorized or unlawful reproduction, resale, modification, or trade of Gift Cards is prohibited.

The Internal Revenue Service and your state taxing authority may deem your receival and redemption of a Gift Card as the equivalent of taxable income to you. Further, your employer may report its offering of Gift Cards to the taxing authorities as additional compensation to you. You, and Client are solely responsible for determining whether you need to include your redemption of Gift Cards as part of your wages and/or taxable income. You will be responsible for all taxes related to your use of the Wishlist Platform and your redemption of Gift Cards. You agree to indemnify and hold Wishlist and its Providers harmless from any claim or assessment of tax by any taxing authority related to your use of the Wishlist Platform and your redemption of Gift Cards.

Wishlist respects your privacy.

Information You Actively Submit on our Platform. If you send us data through our Platform, we collect personal information about you and the company or other entity you represent (e.g., your name, organization, birth date, hire date, email address, program feedback, thank you notes, User Content, etc). In such instances, you will know what data is collected, because you will actively submit it.

Information Passively Submitted on our Services. When you visit our Platform, our servers may collect information from or about the computer, phone, or other devices on which you have access to our Platform. In particular, we collect the following types of information: the Internet Protocol (IP) address used to connect your device to the Internet; browser type, version, and time zone setting, browser plug-in types and versions, operating system, and platform; the full Uniform Resource Locator (URL) clickstream to, through, and from our Platform, including date and time; cookie number; Services you viewed; your searches on our Platform; and the phone number you used to call us if you call us. During some visits, we may use software tools to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page. Unless you also actively submit personal information to us, any information that is passively submitted typically does not allow us to identify you personally.

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Wishlist Platform, your publishing of User Content, Selection of any Offering via the Wishlist Platform, your participation in any experience, event, accommodation, travel or use of any other Provider Service, or any other interaction you have with another User whether in person or online remains with you. Neither Wishlist nor any other party or individual involved in creating, producing, or delivering the Wishlist Platform or Provider Services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Wishlist Platform or Provider Services, (iii) from any communications, interactions or meetings with another User or other persons with whom you communicate, interact or meet with as a result of your use of the Wishlist Platform, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Wishlist has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Providers pursuant to these Terms, in no event will Wishlist’s aggregate liability arising out of or in connection with these Terms and your use of the Wishlist Platform exceed the amounts you have received or paid for Gift Cards on the Wishlist Platform in the twelve (12) month period prior to the event giving rise to the liability. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Wishlist and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S. this does not affect Wishlist’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

You agree to defend, indemnify, and hold harmless Wishlist, its subsidiaries, and affiliates, and their respective directors, officers, employees and clients from and against all claims and expenses, including, without limitation, attorneys’ fees arising out of, related to, or in connection with any of the following: (a) any User Content submitted or posted by you in connection with the Platform, or any use of the Platform in violation of these Terms; (b) fraud you commit or your intentional misconduct or gross negligence; or (c) your violation of any applicable U.S, or foreign law or rights of a third-party.

You are solely responsible for your interactions with Providers and other users of the Platform. To the extent permitted under applicable laws, you hereby release Wishlist from any and all claims or liability related to any product or Provider Service, regardless of whether such product or Provider Service is an Offering available through the Platform, any action or inaction by a Provider, including, without limitation, but not limited to any harm caused to you by action or inaction of a Provider, a Provider’s failure to comply with applicable law and/or failure to abide by the terms of a Provider offering or any other product or service purchased or obtained by you from the Provider, and any conduct, speech or User Content, whether online or offline, of any other third-party.

Wishlist shall be excused from performance under these Terms, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines, pandemics or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (f) other causes beyond the reasonable control of Wishlist.

These Terms will be interpreted in accordance with the laws of the State of Colorado and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Dispute Resolution and Arbitration Agreement must be brought in state or federal court in Denver, Colorado, unless Wishlist and User both agree to some other location. Wishlist and User both consent to venue and personal jurisdiction in Denver, Colorado.

(a) Binding Arbitration. Except as specifically stated herein, any dispute or claim between you and Wishlist and/or its subsidiaries, affiliates, and/or any of their respective members, officers, directors, and employees (all such entities collectively referred to herein as the “Wishlist Entities”) arising out of, relating in any way to, or in connection with the Terms, the Platform or your use of the Platform, your Personal Information, User Content, or any Offerings or Provider Services (“Dispute(s)”) shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court. By virtue of this Dispute Agreement (defined below), you and Wishlist are each forgoing the right to go to court and have a Dispute heard by a judge or jury. The provisions of this Section shall constitute your and Wishlist’s written agreement to arbitrate Disputes under the Federal Arbitration Act (“Dispute Agreement”). The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including, without limitation, the AAA’s Consumer-Arbitration Rules, available at https://www.adr.org/consumer. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned award, if appropriate.

(b) No Class Action Matters. Wishlist and User each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated, or representative action and that the arbitrator may award relief (including injunctive relief) only on an individual basis. The arbitrator does not have the power to vary these provisions.

Wishlist utilizes Google APIs, linked here. By using Wishlist you agree to the Google API terms.

When you visit or log in to our website, cookies and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you, including by association with your email or online profiles. We (or service providers on our behalf) may then send communications and marketing to these emails or profiles. You may opt out of receiving this advertising by visiting https://app.retention.com/optout