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Gemini Gifting Terms and Conditions
Last updated: December 11, 2024
Gemini Gifting Terms and Conditions
1. Acceptance of Gemini Gifting Terms; Modification of Gemini Gifting Terms
Welcome to Gemini (“Company”, “we”, “us”, or “our”)! These terms and conditions (“ Gemini Gifting Terms”) constitute a legally binding agreement between the Company (and any or all of its affiliates) and each registered end-user (each, a “User”, “you” or “your”) of the Gemini Gifting Terms on the mobile application or such other URL as may be designated by the Company from time to time, as well as any mobile apps or other related services or applications thereto (collectively, “Gemini Gifting”, “product”).
Gemini Gifting is considered part of the “Gemini Services” as defined in the Company’s User Agreement (“User Agreement”) set forth here. The User Agreement is incorporated by reference into these Gemini Gifting Terms, and in addition to the Gemini Gifting Terms, governs your use and access of Gemini Gifting and your Gemini Account. In the event of a conflict between the terms of these Gemini Gifting Terms and the User Agreement, the Gemini Gifting Terms will prevail. Capitalised terms that are used in these Gemini Gifting Terms but not expressly defined are as defined in the User Agreement.
Please carefully review these Gemini Gifting Terms and the User Agreement. By accessing and using Gemini Gifting (including by gifting or redeeming any Gemini Gifting), you are deemed to have read, accepted, executed, and agreed to be bound by these Gemini Gifting Terms (including the User Agreement as incorporated by reference herein). We may change or amend Gemini Gifting or these Gemini Gifting Terms at any time at our sole and absolute discretion. You irrevocably acknowledge and agree that the form and nature of Gemini Gifting, and/or any part of it, may change from time to time without any prior notice to you and that we may add new or remove features and change any part of this product. The latest version of these Gemini Gifting Terms will always be available here on this page.
IF ANY PROVISION OF THESE GEMINI GIFTING TERMS AND/OR THE USER AGREEMENT OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE OR CONTINUE TO USE GEMINI GIFTING. YOUR CONTINUED USE OF GEMINI GIFTING, INCLUDING PURSUANT TO THE POSTING OF ANY NOTICE OF ANY CHANGE TO THESE TERMS OF SERVICE (OR LACK THEREOF), SHALL CONSTITUTE YOUR IRREVOCABLE ACCEPTANCE AND AGREEMENT TO SUCH CHANGE(S).
2. Gemini Gifting; Gemini Account Balance; Redemption
Gemini Gifting is operated and managed by Gemini Trust Company, LLC. Subject to any prevailing restrictions the Company may impose on Gemini Gifting from time to time, your Digital Asset balance displays the total remaining balance of all Gemini Gifting that is available for gifting.
To accept a Gemini Gifting transfer, a recipient must successfully create a Gemini account and pass Gemini account verification and onboarding, and redeem their Digital Asset within a time period to be determined by Gemini in its sole and absolute discretion.
All Gemini Gifting gifts are final and cannot be cancelled by a sending user. Upon redemption, the value of such Digital Asset will be added to the recipient User’s Digital Asset balance. Failure to accept a Gemini Gifting within the stipulated time period will result in the Gemini Gifting transfer being cancelled and void.
3. Limitations of Usage; Assumption of Risks
There are certain restrictions in connection with the use of Gemini Gifting. If you engage in these activities, we may restrict you from gifting and/or a recipient from claiming or redeeming the Gemini Gifting, or may take any further action (in our sole and absolute discretion) on your Gemini Account without a refund.
The list of prohibited activities includes, but is not limited to, the following:
- Sell or exchange Gemini Gifting for cash or for any other payment-related instrument.
- Give or receive Gemini Gifting as payment for goods or services off Gemini. A non-Gemini entity or individual asking for Gemini Gifting as a payment method for goods or services may be a scam.
- Fraudulent, unauthorized, or other unlawful behaviours. We will not process the redemption of a Gemini Gifting if we reasonably believe that the use (or potential use) is unauthorized, fraudulent, or otherwise unlawful. Gemini has no direct or indirect liability to you for any third-party fraud or unlawful activity associated with any Gemini Gifting. If the Company discovers any Gemini Gifting and/or Digital Assets in the Gemini Account were sourced or derived from fraud, unauthorised or other unlawful means, we may in our sole and absolute discretion, cancel all Gemini Gifting and restrict and retain all related Gemini Account(s) without notice to you.
For the avoidance of doubt, the list of prohibited activities above is not intended to be a complete or exhaustive list of all prohibited activities. Engaging in any activity that, in our sole and absolute discretion, disrupts, or is harmful to us, our users, our reputation, goodwill, business, or operations is prohibited. Engaging in any prohibited activities, or using the Gemini Gifting in violation of the Gemini Gifting Terms and/or the User Agreement may result in us taking action(s) against you, including, but not limited to, preventing you from claiming or redeeming any Gemini Gifting, revoking and/or closing your Gemini Account(s).
It is your sole responsibility to safeguard and maintain the security of your Gemini Gifting from unauthorized use. You are responsible for all transactions of your Gemini Gifting and Gemini Account including any unauthorized transactions. We disclaim all liability and are not responsible in any way whatsoever for any Gemini Gifting that is lost, stolen, or destroyed, or if your Gemini Gifting is used without your permission.
4. Use of any Gemini Gifting in Violation of the Gemini Gifting Terms
By using Gemini Gifting you hereby irrevocably agree to comply with the Gemini Gifting Terms and the User Agreement, and agree not to use the Gemini Gifting in any manner whatsoever that may be misleading, deceptive, unfair, or otherwise harmful to the Company, any Gemini Service Provider, or its users. We reserve the right, without notice to you, to void the Gemini Gifting (including as a component of your Gemini Account) without a refund, suspend or terminate your Gemini Account, suspend or terminate your ability to use our services, if we have any reason whatsoever (in our sole and absolute discretion) to suspect that this product is, or has the potential to, be used or applied (in any way whatsoever) to a Gemini Account fraudulently, unlawfully, contravening any Applicable Laws and Regulations, or otherwise in violation of the Gemini Gifting Terms and/or the User Agreement.
5. Tax
A User (either as gifter or a recipient) agrees to be respectively responsible and assume its own income tax or other tax payable as required under all Applicable Laws and Regulations.