SellMeGiftCard's Terms of Service
Last update: June 2017
Welcome to SellMeGiftCard.com. SellMeGiftCard.com is an online marketplace for gift cards run by SellMeGiftCard Inc .
The following terms and conditions (these "Terms of Service"), govern your access to and use of the SellMeGiftCard website, including any content, functionality and services offered on or through www.SellMeGiftCard.com (the "Site"), by SellMeGiftCard Inc.
This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the SellMeGiftCard services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service.
Use of SellMeGiftCard to Sell Gift Cards
(a) Seller’s Representations and Warranties. As a Seller, you represent and warrant that:
- Any Gift Card submitted for sale on SellMeGiftCard is a valid and authentic Gift Card and is only being submitted for sale on SellMeGiftCard;
- Any Gift Card submitted for sale on SellMeGiftCard is redeemable for the balance stated in connection with the Sale Transaction;
- You have not in any way retained a way to redeem the Gift Card after the Sale Transaction;
- You are the sole lawful owner of the Gift Card and all interests thereto and that the Gift Card has been obtained in a lawful manner;
- The Gift Card is not subject to any liens, obligations, restrictions or encumbrances of a third party;
- The Gift Card is in your physical possession or, in the case of electronic Gift Cards, in your sole control;
(b) General Rules of Conduct on SellMeGfitCard. By using SellMeGiftCard, you agree to the following rules when visiting or transacting on SellMeGiftCard:
- You may not use more than one Email address on SellMeGiftCard;
- You may not use or redeem any Gift Card you submited for sale on SellMeGiftCard;
- You may only sell Gift Cards for which you are the rightful legal owner and which you have obtained legally and in accordance with any applicable terms and conditions of such Gift Card;
- You are responsible for your own tax reporting (if applicable) and payment of any applicable taxes with respect to any Sales Transactions on SellMeGiftCard; and
(c) Selling Gift Cards. When you sell a Gift Card on SellMeGiftCard, you agree to transfer ownership of the Gift Card and all of your interest in the Gift Card to the buyer in return for a payment in the amount designated in the Gift Card order transaction on SellMeGiftCard.
Authorized Use & Termination of Access.
In connection with using or accessing SellMeGiftCard, you agree not to do, and not to facilitate any third party doing, any of the following (each a “Prohibited Activity” ):
(a) Modify, alter or otherwise make any derivative uses of the SellMeGiftCard content, trademarks, technology platform or its underlying software, or any portion thereof;
(b) Copy, reverse engineer, decompile, disassemble or attempt to discover the source code of the SellMeGiftCard technology platform or its underlying software;
(c) Use any automated or non-automated means of data gathering, data mining or extraction methods on or in connection with SellMeGiftCard, including any use of “robots”, “scrapers”, “spiders”, “readers” or similar devices;
(d) Infringe upon or violate the rights of SellMeGiftCard, its users, third parties or Retailers;
(e) Download, copy or imitate any portion of the SellMeGiftCard technology platform, its underlying software and content, or its user interface, or the Site, except as expressly permitted by SellMeGiftCard;
(f) Use SellMeGiftCard in any way that could damage, disable, overburden, place excessive demand on or impair our Site, or any services we offer via SellMeGiftCard;
(g) Attempt to gain unauthorized access to (i) any Member’s personal information (ii) SellMeGiftCard including but not limited to any SellMeGiftCard accounts, computer systems and/or network systems, through any means, including via a proxy server, or use any unauthorized access whether or not intentionally acquired;
(h) Aggregate or scrape any content, data or other information from the Site (whether using links, scraping technology or other technical means) to be aggregated or shown with material from other sites or on a secondary site without our express written permission;
(i) Hyperlink to the Site or deep-link to any portion of our Site without our written consent;
(j) Interfere with our Site’s or our mobile applications’ operations, attempt to access or steal any data and information on or related to the Site;
(k) Seek to transact any fraudulent or illegal activity, through any means or corrupt practices, including but not limited to any of the following: hacking, password mining, deceptive impersonation of another person, misrepresentation of your affiliation with a person or entity, hiding or attempting to hide your true identity or location (including via proxy server or otherwise) or providing false, inaccurate or altered documentation, information or identification;
(l) Circumvent or seek to circumvent any security measures or other features meant to protect the security of the Site and SellMeGiftCard Members’ security;
(m) Make any unsolicited offers, advertisements, proposals, or send junk mail, spam or chain letters to other SellMeGiftCard or any other similar type of solicitation not approved of by SellMeGiftCard in writing;
(n) Send or receive what we reasonably believe to be potentially fraudulent funds or otherwise use SellMeGiftCard in a manner that we believe is intended to facilitate a criminal or fraudulent activity or enterprise;
(o) Use the Site in a manner that results in or may result in complaints, chargebacks, customer refunds, invalid Gift Cards, fees, penalties or other liability to SellMeGiftCard, its other members or partners;
Your Liability – Actions We May Take and Fees We May Assess.
- We may close, suspend or limit your access to SellMeGiftCard
- We may refuse to allow you to be a Member or otherwise access SellMeGiftCard in the future;
- We may hold your funds if reasonably needed to protect against the risk of liability, in connection with the sale of potentially Invalid Cards, member refunds or as otherwise provided in this these Term of Uses;
- We may terminate any of Gift Card transactions on SellMeGiftCard and withhold any payments associated with such transactions;
- We may contact your bank and/or credit card issuer, Retailers, law enforcement and any other third parties impacted by your activities;
- We can and may share any information related to your Member Account, transaction history, payment information and other information related to your usage of SellMeGiftCard with law enforcement or relevant Retailers, to the extent requested in connection with any investigation into any potentially criminal, fraudulent or Prohibited Activity;
- We may use information you provide us or related to your activity on SellMeGiftCard to investigate any potentially fraudulent or criminal activity or any Prohibited Activity, including to ensure you have not made improper or fraudulent refund requests under any SellMeGiftCard refund policy or member guarantee;
- We may take legal action against you; and
- We may, in our sole discretion, terminate all access to this Site, your Member Account and our services for any reason and at any time.
(c) Actions We Take – Holds and Reserves on Funds and your Member Account.
ii. Invalid Cards, Risk-Based and Verification Reasons. We may, in our sole discretion, place holds on payment of funds to you or reserves on funds in your Member Account, under the following circumstances: (A) if we investigate any Invalid Cards (as defined below), any Gift Card refund requests, or any potentially illegal or fraudulent activity or any Prohibited Activity, (B) if we believe there may be a high level of risk associated with you, your Member Account or your transactions on SellMeGiftCard, (C) until we have been able to complete certain verification procedures relate you and the processing of your Sales Transactions (including third party processor verification requirements). Our determination that you are a higher risk account may be based on a variety of factors, including your activity on SellMeGiftCard and information we may receive from third parties or otherwise. If we place a reserve or hold on funds in your Member Account, you will be informed of such reserve or hold. If your Member Account is subject to a reserve, we will provide you notice of this reserve, specifying the terms of the reserve or the policy under which such reserve is being placed.
Intellectual Property & Trademarks.
Links to Other Websites.
SellMeGiftCard may link to third-party websites, services, and mobile applications ( “Other Websites” ). These links are provided as a convenience to you and not because we endorse these Other Websites. We are not responsible for the content or the accuracy of materials on these Other Websites, or the privacy practices of these Other Websites. If you decide to access any Other Website, you do so at your own risk and we are not responsible for any damages or liabilities caused or alleged to be caused by any use of the Other Websites.
Disclaimer of Warranties & Waiver of Claims.
Limitation on Liability
IN NO EVENT WILL SELLMEGIFTCARD, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.