Terms of Service
1. A TANGO CARD Never Expires
2. A TANGO CARD has No Dormancy or Maintenance Fees
3. TANGO CARD value (Tango Dollars) are spent/redeemed at www.tangocard.com
4. Tango Dollars can be used to select retailer gift cards; and/or
5. Tango Dollars can be used to make a non-profit contribution; and/or
6. You can opt-in to receive regular emails reminding you of your gift card balances and reminding you to use your Tango Dollars. You can manage and organize all of your gift cards here. You can directly connect to any merchant’s gift card website to shop online just by clicking on a gift card you have recorded in your account.
Revised October 15, 2014.
TERMS OF SERVICE AND SITE USAGE AGREEMENT
I. DESCRIPTION OF PRODUCTS AND SERVICES
Gift Cards, TANGO CARDS, and related Products, whether they are physical or electronic, may be selected or purchased on the Site (“Tango Card Products”). When you have completed and paid for your order, Tango Card will produce the Tango Card Products you have selected and send them to the recipients specified by you. The pricing for TANGO CARDS is stated in U.S. dollars. The pricing for Merchant Gift Cards is stated in “Tango Dollars”, which are equal to U.S. dollars at our website and are used to redeem your Tango Dollars for Merchant Gift Cards or other digital products denominated in U.S. dollars. If you have any questions or problems with your order or the order has not been received within the expected timeframe, please contact us immediately at the contact information at the end of these TOS. Please include your order number in all communications.
TANGO CARDS. A “TANGO CARD” (in ALL CAPS) is not a Merchant Gift Card; it is a voucher containing value that may be: (i) used at our website to obtain Merchant Gift Card(s) or other digital products and/or (ii) used to donate U.S. Dollars via our website to designated non-profit organizations. A TANGO CARD itself cannot be used at merchant stores and has value only through usage at the Tango Card website.
Redemption of a TANGO CARD for Merchant Gift Card(s): You do not need an account to redeem a TANGO CARD for a Merchant Gift Card. You may designate the Recipient to be yourself, or someone else.
Electronic Merchant Gift Cards. Recipients of electronic gift cards will click on a link in their e-mail or visit the Tango Card website to retrieve their activated electronic Merchant Gift Cards.
Physical Merchant Gift Cards. Physical Merchant Gift Cards will ship from Tango Card to your designated Recipient. Some of our Merchant Gift Cards are available only in electronic form.
Donation of TANGO CARD and Gift Card Value: Donations of TANGO CARD and Gift Card value, as expressly allowed on the website, are subject to the following terms and conditions: (i) the donor’s name and email address are shared with the recipient non-profit organization to enable compliance with charitable donation laws and regulations, (ii) donations are transferred from Tango Card to non-profit organizations periodically, in accordance with our agreements with the non-profit organizations, (iii) the entire amount of a donation may be tax deductible for the donor, however, a small administrative fee is recognized by the non-profit organization and retained by Tango Card in connection with each donation.
It is free to establish a Tango Card account. You do not need to establish a Tango Card account to (i) buy a TANGO CARD, (ii) redeem a TANGO CARD for a Merchant Gift Card or to make a donation.
If you establish an account with Tango Card, you may store and manage information related to any gift card or TANGO CARD you own.
II. REGISTRATION OBLIGATIONS In consideration of your use of the Service, you represent that you are a legal resident of the United States or Canada, of legal age to form a binding contract, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. When you provide us personal information for the delivery of a Tango Card Product to a recipient other than yourself, you represent that you have the necessary consent to provide that third party’s information to us. You also agree to provide true, accurate, current and complete answers to questions we ask in order to provide certain Services. If you provide any information that is untrue, inaccurate, not current or incomplete, or Tango Card has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Tango Card has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You certify that you are at least 13 years old; if you are not, you may not register for or use the Service.
III. ACCOUNT, PASSWORD AND SECURITY
As part of your use of the Service, you may receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Tango Card of any unauthorized use of your password or account or any other breach of security. While Tango Card stores data in compliance with PCI Security Council standards, Tango Card cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
IV. COMMUNICATIONS, WARRANTIES, ACCESS
Use of the Service may include certain communications from Tango Card, such as service announcements and administrative messages, that you may not be able to opt out of receiving. Any new features that augment or enhance the current Service, including the release of new Tango Card Products or services, shall be subject to the these or other applicable TOS. You understand and agree that the Service is provided “AS-IS” and that Tango Card assumes no responsibility for, among other things, availability, timeliness, deletion, failure to store any user data or communications or personalization settings.
V. PROHIBITED CONDUCT AND USES
You agree not to violate or attempt to violate the security of any Site, including without limitation, (a) accessing data that is not intended for your use; (b) logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to the Site without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited e-mail, flooding, spamming, mail bombing, or crashing; (f) sending promotions and/or advertising products and/or services; (g) attempting to interfere with or disrupt the Site or servers or networks connected to the Site; or (h) violate or attempt to violate any applicable local, state, national or international law, or any regulations having the force of law, including (but not limited to) engage in any activity involving credit card fraud, money laundering, or identity theft.
You acknowledge, consent and agree that Tango Card may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to your requests for customer service; or (d) protect the rights, property or personal safety of Tango Card, its users and the public.
VI. THIRD PARTY CONTENT Tango Card does not control the information posted by third parties (“Third Party Content”) via the Service (including, but not limited to, the terms and conditions of the Merchant gift cards), and as such, does not guarantee the accuracy, integrity or quality of such Third Party Content. Under no circumstances will Tango Card be liable in any way for any Third Party Content, including, but not limited to, any errors or omissions in any Third Party Content. Tango Card is not and shall not be responsible or liable for the accuracy, usefulness or availability of any Third Party Content transmitted or made available via the Service.
Tango Card grants you permission to access and view the Site for the purposes stated on the Site. Any other use of the Site, in whole or in part, without permission of the applicable rights holder is strictly prohibited, including without limitation: modification, republication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction for purposes other than those noted above, or other similar unauthorized exploitation of the Site or Third Party Content. Without limiting the foregoing, unauthorized use of the Site or Third Party Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit.
You authorize Tango Card to access information maintained by identified third parties (e.g., Merchant Gift Card balances and related information), on your behalf as your agent. Solely to provide you the services of Tango Card, you appoint Tango Card as your agent to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do yourself. You acknowledge and agree that when Tango Card is accessing and retrieving information from third party sites, Tango Card is acting as your agent, and not as the agent of or on behalf of the third party.
VII. MODIFICATIONS TO SERVICE
Tango Card reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Tango Card shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You acknowledge that the Service is or may be provided, as identified to you on the applicable Service-related web page, with or without cost, on a trial, demo, beta or other basis, and that Tango Card may change, at any time, the conditions of your accessibility to the Service.
You agree that Tango Card may, under certain circumstances and without prior notice, immediately terminate your Tango Card account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities in connection with the Services. Termination of your Tango Card account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Tango Card’s sole discretion and that Tango Card shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service. Your sole recourse and remedy if Tango Card terminates your right to use the Site is to receive a refund for any Products paid for but not processed or fulfilled by Tango Card, if any.
IX. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, (ii) THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, (iii) TANGO CARD AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TANGO CARD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) THAT THE SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (vi) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TANGO CARD OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
TANGO CARD EXPERESSLY DISCLAIMS ANY WARRANTY ASSOCIATED WITH (i) LOCATION-BASED INFORMATION OR (ii) SCANABLE BAR CODES FOR STORED MERCHANT GIFT CARDS OBTAINED VIA ANY VERSION OF THE COMPANY’S MOBILE APPLICATION.
X. LIMITATION OF LIABILITY AND INDEMNIFICATION
You agree that in the event of any damage to or loss of a Tango Card Product by us (or by our licensees, suppliers, fulfillers, owners and operators of Third-Party Portals and Merchants), even through negligence or other fault, our sole obligation (and the sole obligation of our licensees, suppliers, fulfillers, owners, and operators of Third-Party Portals and Merchants), and your sole remedy, is at our option, to replace the lost or damaged Tango Card Product(s) or provide you with a refund or credit, for the cost of the purchase price for lost or damaged Tango Card Product(s). You must submit a claim within thirty (30) days from your date of purchase.
You further agree and understand that Tango Card has no liability for the loss of (i) a Tango Card Product after receipt by you, (ii) any information you may chose to store in your Tango Card account in your computer or mobile device, in the event you computer or mobile device is lost or stolen.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TANGO CARD AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TANGO CARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM OR AS A RESULT OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
You agree to indemnify and hold Tango Card and its affiliates, officers, agents, employees, partners and licensors harmless from and against any and all losses, damages, costs or expenses, any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
XI. TRADEMARKS AND PROPRIETARY RIGHTS
The TANGO CARD®, the Tango Card Logo, Value Conservation®, Tango Meter™, Dance Card™, Rewards As A Service™, and other Tango Card logos and product and service names are or may be trademarks of Tango Card (the “Tango Card Marks”). Without Tango Card’s prior written permission, you agree not to display or use in any manner the Tango Card Marks.
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is or may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by Tango Card, you agree not to modify, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. You agree not to access the Service by any means other than through the interface that is provided by Tango Card for use in accessing the Service.
XII. SUGGESTIONS TO TANGO CARD
By submitting ideas, suggestions, documents, and/or proposals (“Suggestions”) to Tango Card through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Suggestions do not contain confidential or proprietary information; (b) Tango Card is not under any obligation of confidentiality, express or implied, with respect to the Suggestions; (c) Tango Card shall be entitled to use or disclose (or choose not to use or disclose) such Suggestions for any purpose, in any way, in any media worldwide; (d) Tango Card may have something similar to the Suggestions already under consideration or in development; (e) your Suggestions automatically become the property of Tango Card without any obligation of Tango Card to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Tango Card under any circumstances.
For purposes of these TOS, “you” and “your” shall mean you, and “we”, “us,” and “our” means Tango Card and, if applicable, those third parties acting on behalf of Tango Card from time to time. Title and risk of loss for products purchased by you through the Site passes to you upon delivery of the Tango Card Products to you or your designated recipient address. We may assign our rights and responsibilities hereunder without notice to you. The TOS constitutes the entire agreement between you and Tango Card concerning your use of the Service, superseding any prior agreements between you and Tango Card with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Tango Card services, affiliate services, third-party content or third-party software. The TOS and the relationship between you and Tango Card shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and Tango Card agree to submit to the personal and exclusive jurisdiction of the courts located within King County, Washington. Any claim arising out of, relating to, or concerning any interpretation, construction, performance, or breach of this Agreement, will be settled by arbitration to be held in King County, Washington, in accordance with the rules then in effect of the American Arbitration Association. The arbitrator may grant injunctions or other relief in the dispute or controversy. The decision of the arbitrator will be final, conclusive, and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. You and Tango Card will each pay one half of the costs and expenses of the arbitration, and each will separately pay their own counsel fees and expenses. Any action brought by you with respect to any service or product of Tango Card or anything related to the Site must be brought, if at all, within one (1) year from the accrual of such cause of action. The failure of Tango Card to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. The section titles in the TOS are for convenience only and have no legal or contractual effect.
If you have any customer service-related questions, please contact:
Phone: 877-55-tango (877-558-2646)
Fax: (206) 260-2864
Mailing Address: Tango Card, Inc., 4700 42th Ave. SW, Suite 430a, Seattle, WA 98116
Last Updated: October, 2014