Terms & Conditions
Last Updated: August 31th, 2017
Please read these terms and conditions carefully before using our site:
Welcome to the GiftCard Mart, an online marketplace (“giftcardmart.com”, “GCM”, “we”, “GiftCard Mart”, “our”, or “us”). By agreeing to the terms of our website (“Site”) you (“user”, “consumer”, “member”, “guest”, or “your”) will have access to the USA's finest secondary market for gift cards. GiftCard Mart allows you to purchase and sell gift cards, merchandise credits and other similar Cards (collectively the “Cards”). By clicking “I agree” on the Site, you agree and acknowledge that you have fully read, acknowledged and consented to be bound by all terms, conditions, and facts outlined in this Terms & Conditions (the “Agreement”). This Agreement, and its terms and conditions, applies to you and all registered users or guests who either (i) browse our Site knowingly or unknowingly, and/or (ii) utilize our site to purchase or sell gift cards and/or merchandise credits.
GiftCard Mart purchases and sells Cards as described in this Agreement.
GiftCardMart.com is free to join. You can only join by registering and opening a User Account. There is no initial purchase or sale obligation for any user to register a User Account.
Modification of this Agreement
You may establish a user account (“User Account”) for your convenience, subject to the terms and conditions under this Agreement, by following the directions on the Site for registering and opening a User Account. Your User Account shall contain your profile and other personal information. Users of GiftCard Mart are limited to one GiftCard Mart account per user. Users who are found to have multiple accounts will have all known and associated accounts closed for violating this Agreement.
Only you shall have control over your GiftCard Mart profile. With that entitlement, it is your sole responsibility for all activities that occur under your User Account. You should keep your User Account information confidential. Under no circumstances is it appropriate, and it shall be strictly prohibited for you or anyone else to use another user’s User Account. If you feel that your profile or User Account has been compromised in any way, or if there has been any unauthorized use of your User Account, you must notify us immediately. As further set forth in this Agreement, you agree to hold GiftCard Mart free from any liability pertaining to any losses whatsoever that may occur in the event that any unauthorized third party shall use or access your User Account or profile in any way.
Please be aware that we reserve the right to interrupt your service, access your User Account, and/or access to the Site or any services or Cards we offer, with or without prior notice, for any reason, at our sole and absolute discretion. In the event your User Account is interrupted or terminated for any reason, whether intentionally or unintentionally, we will not be liable for any losses due in whole or in part by such interruption or termination of the User Account, and you hereby agree to hold us irresponsible from any such losses which you may suffer as a result of or in any way related to such interruption or termination.
Registration and establishing a User Account is completely free. As a condition of GiftCardMart.com and your use of this site, you agree that:
- You are at least 18 years of age;
- You possess the authority to create a binding legal obligation;
- You are located in the United States of America.
You may be asked to provide any or all of the following information at the time you register a User Account and/or at point of sale:
- FIRST NAME
- LAST NAME
- DATE OF BIRTH
- EMAIL ADDRESS
- BILLING ADDRESS
- PAYPAL EMAIL ADDRESS
- USER PASSWORD
- MAILING ADDRESS
- PHONE NUMBER
You agree and acknowledge that all information provided to us shall be true, accurate, current, and complete in all material ways. GiftCard Mart reserves the right, but has no obligation, to verify your information through whatever means it may deem reasonable. Once a User Account has been opened and registered, you agree to update any information periodically so that your User Account is accurate and current at all times. In addition, 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 our Site and services as set forth in this Agreement, provided your use is consistent with the intended features of the services we provide.
Company Discretion to Update Policy
GiftCard Mart reserves the right from time to time, and in our sole and absolute discretion, to update, modify or amend this Agreement (“Changes”) with or without notice. Any changes to this Agreement will be reflected on our Site and revisions will be indicated by date. You agree to be bound to any Changes to this Agreement when you use any of our services or otherwise visit our Site after any such modification is made. Our best attempts under applicable law to notify you will be made, but it is your sole responsibility to periodically review this Agreement and any Changes thereto. Any and all Changes made shall be effective when posted. Any disputes arising and brought to our attention prior to any Changes becoming effective will be rectified under the terms of this Agreement as they existed on the date the dispute arose and was brought to our attention.
Code of Conduct for Users
All users are expected and required to follow and adhere to the following code of conduct at all times when visiting our Site or otherwise using any services we offer:
- GiftCard Mart holds the right to limit any quantities or complete any transactions, or cancel any transactions as necessary.
- You may create only one account for your personal use;
- You may only make purchases on the Site for your own use and enjoyment, or as a gift for another;
- You must supervise the use of your account, and ensure the safekeeping of your password; and
- Your account is your responsibility, and it is for you alone to use-the use of your account by a member of your family or friends with or without your acknowledgment is strictly prohibited.
We expect you to use GiftCard Mart for its intended function and in conformity with this Agreement.
It is strictly prohibited to sell any Cards that are not owned by the seller or that the seller does not have the absolute legal right to sell. Any criminal act, any act of fraud, and any intention or attempt to commit a criminal act or fraud is strictly prohibited. Any claims of criminal acts, fraud or misconduct, or intention to commit a criminal act, fraud or other misconduct, will be subject to investigation and may lead to the notification of appropriate law enforcement agencies. Criminal and/or fraudulent activities include, but are not limited to, the following with regard to any Cards sold to GiftCard Mart or its affiliates: (i) use of a Product after sale or in a manner that diminishes the value represented and (ii) sale of a Product to multiple parties.
GCM retains the absolute right to reject and/or report to law enforcement and other entities any transactions it deems to be fraudulent. Additionally, if we make a good faith determination that you have engaged in fraudulent and/or prohibited activities, you will be responsible for the integrity of any and all cards submitted to us indefinitely.
GCM will aggressively pursue suspected illegal/fraudulent activity to the fullest extent of the law.
Furthermore, all of the following are strictly prohibited:
- Any purchase or sale from any location outside of the United States.
- Any use of GiftCard Mart other than its intended function.
- Any use of GiftCard Mart that could damage, disable, overburden, or impair our Site or any service we offer.
- Any use of GiftCard Mart that could interfere with any other party’s use and enjoyment of GiftCard Mart services.
- Any use of GiftCard Mart’s copyrights, patents, trademark, and legal rights without the express written consent of GiftCard Mart.
- Any attempt to gain unauthorized access to any member’s personal information, personal profile, or personal User Account.
- Any attempt to gain unauthorized access to GiftCard Mart.com, including but not limited to GiftCard Mart’s accounts, computer systems and/or networks systems, through any means, including use of a proxy server.
- Any violation of the restrictions in any robot exclusion headers on this Site or any bypassing or circumventing of other measures employed to prevent or limit access to this Site;
- Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure as determined in our sole discretion.
- Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through this Site) with material from other sites or on a secondary site without our express written permission.
- Deep-linking to any portion of this Site (including, without limitation, the purchase path for any voucher) without our express written permission;
- Acting illegally or maliciously against the business interests or reputation of GiftCard Mart, our Merchants or our services; or
- Interfering with GiftCard Mart’s and/or its Site’s operations through any means or corrupt practices, including but not limited to any of the following: hacking, password mining, deceptive impersonation, misrepresentation of your affiliation with a person or entity, hiding or attempting to hide your identity for causes needed to secure the authenticity of your profile, and/or to remove yourself from any illegitimate acts or intentions.
As a condition of using or accessing the Site or any services or Cards offered by or through GiftCard Mart, you hereby agree and acknowledge that all of the following conduct is strictly prohibited:
- Uploading or submitting copyrighted material you do not own or have the legal right to distribute, display, and otherwise make available to others.
- Misrepresenting or misleading others or GiftCard Mart in information you provide.
- Selling, offering for sale, or redeeming property you do not hold the legal rights to.
- Copying, distributing, or disclosing any part of the service in any medium, including without limitation by any automated or non-automated means or methods such as “robots,” “spiders,” “readers”, etc., to gain access to our service or any parts thereof.
- Soliciting of any kind that GiftCard Mart does not approve, including but not limited to chain letters and spam.
- Selling Cards to GiftCard Mart that were obtained from another secondary market (i.e Raise.com, Giftcardzen.com, Cardpool.com, ABCgiftcards.com, CardCash.com, Giftcards.com, SaveYa.com, GiftCardRescue.com, JunkCard.com, CardKangaroo.com, GiftCardSpread.com, CardFlip.com, GiftCardBin.com, MonsterGiftCard.com, PayMoreStores.com, Gift Card Outlet, GiftMe, Jendis, eSaving.com...etc)
- Selling Cards to GiftCard Mart that have been previously listed, or transferred in any way to another exchange and/or marketplace (i.e Raise.com, Gift Card Wiki Trading Club...etc)
- Speculatively selling Cards that you don't currently have in your possession.
- Interfering with GiftCard Mart, its services and its security.
- Accessing any information prohibited and/or not made available for public observation, any material that is restricted, and/or any material that is personal and private.
- Impersonating another person or accessing another user’s account without that person’s permission.
- Making unsolicited offers, advertisements, proposals, or sending junk mail to other users;
- Uploading images that are or may be considered offensive.
- Uploading materials that are irrelevant to the product in question.
- Uploading materials that may be misleading in any way.
- Using techniques to avoid or circumvent applicable commissions, fees, or other charges for use of GiftCard Mart.
- Using GiftCard Mart and its services for any illegal, unethical, or objectionable purpose as determined in our sole and absolute discretion.
- Harassing, threatening, or defrauding GiftCard Mart and/or its customers or users.
- Making any claims that you are attempting to gain or have successfully gained any access which is prohibited under this Agreement.
Termination of Service
Your account with GiftCard Mart and any access to the Cards, services and/or any portion of our Site is and shall remain at the sole and absolute discretion of GiftCard Mart. Therefore, we reserve the right to temporarily or permanently terminate, suspend, or refuse to permit your access to any Cards, services and/or any portion of our Site for any reason, all at our sole and absolute discretion, with or without notice and without liability to you of any kind. You further agree that you will remain bound to the terms of this Agreement at all times during any suspension or termination of your User Account or access to any Cards, services or any portion of our Site.
GiftCard Mart has no special relationship with or fiduciary duty to you. You acknowledge that GiftCard Mart has no control over, and no duty to take any action regarding which users gain access to the Site and the authenticity of any claims made by users of the Site. You release GiftCard Mart from any and all liability for your having acquired or not acquired any Site Content through the Site. The Site may contain, or direct you to websites containing information that some people may find offensive or inappropriate. GiftCard Mart makes no representations concerning any content contained in or accessed through the Site, and GiftCard Mart will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. Use of third party logos and trademarks in no way constitutes an affiliation between GiftCard Mart and a third party.
GiftCard Mart is not authorized to do business in any country other than the United States, or with any currency besides United States Dollars.
Links to Other Websites
GiftCard Mart may redirect you to other websites in order to provide for convenience on promotions and 3rd party hosted deals. We are not responsible for the content on other sites or the accuracy of materials, or privacy practices of those sites. If you decide to access websites maintained by other parties, you do so at your own risk.
Disclaimer of Warranty
YOU AGREE THAT YOU ARE USING THE SITE AND ANY SERVICES OFFERED BY US AT YOUR OWN RISK. THE CARDS (EXCEPT AS EXPLICITLY SET FORTH UNDER THE SECTION LABELED “OUR GUARANTEE”), SITE CONTENT, SITE AND ANY SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, GIFTCARD MART DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE CARDS, INFORMATION, OR SERVICES PROVIDED ON THIS SITE (EXCEPT AS EXPLICITLY SET FORTH UNDER THE SECTION LABELED “OUR GUARANTEE”). BY USING THIS SITE, YOU ACKNOWLEDGE THAT GIFTCARD MART IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF OR INABILITY TO USE THE SITE OR CARDS; (2) DOWNLOADING INFORMATION CONTAINED ON THE SITE; (3) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF SITE CONTENT POSTED BY USERS; (4) THE TEMPORARY OR PERMANENT INABILITY TO ACCESS OR RETRIEVE ANY SITE CONTENT FROM THE SITE, INCLUDING BUT WITHOUT LIMITATION TO HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM; (5) SITE CONTENT POSTED IN ANY COMMUNITY AREA OF THE SITE; AND (6) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF POSTED SITE CONTENT.
(OUR GUARANTEE”) OR ANY OF ITS MANAGERS, MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, OR ATTORNEYS LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (collectively “Damages”) RESULTING FROM ANY USE, FAILURE TO USE, INABILITY TO USE OR MISUSE OF ANY CARDS OR SERVICES OFFERED BY OR THROUGH GIFTCARD MART.
The limitations contained in this section shall survive any failure of any exclusive or limited remedy. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights. Users who reside in California waive California Civil Code section 1542, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Description of Services
1. Gift Cards. The GCM marketplace may permit you to buy or sell certain gifts cards, codes or the like that are redeemable for goods and services from third parties (each a "Card").
2. Selling Cards. When you sell a Card on GiftCardMart.com, you agree to transfer ownership of the Card and any interest therein to GCM in return for a payment in the amount designated in the Card sale transaction ("Sale Transaction"). You agree not to, and agree not to permit or encourage anyone else to, redeem any portion of the Card, or any interest therein, subsequent to the Sale Transaction.
3. Card Verification. No Sale Transaction is complete, and GCM will incur no payment obligations to you, until GCM accepts delivery of and verifies all Cards associated with such Sale Transaction. As a part of the verification process, GCM may require a Seller to provide a copy of a valid drivers license prior to listing any Cards for sale. In addition, as a part of the verification process, the Seller authorizes GCM to charge to the Seller’s credit card a $1.00 authorization charge that will be refunded following authorization. GCM accepts no responsibility for any Cards until received by GCM, and Cards cannot be sold until we verify the Card balance and other details. Upon GiftCard Mart’s verification that all Cards meet our Card Sale Guidelines (Section 7 of this provision), GCM we will notify you that your card has been verified by GCM.
4. Seller's Representations and Warranties. Sellers hereby represent and warrant, and continue to represent and warrant, the following:
a) the Card is valid;
b) the Card is redeemable for the amount of credit that you state in connection with the Sale Transaction;
c) that you have not in any way retained a way to redeem the Card after the Sale Transaction;
d) the Card and any interest therein is fully transferable to the GiftCard Mart in the manner contemplated by this Agreement;
e) you are the sole lawful owner of the Card and all interests thereto; the Card is not subject to any liens, obligations, or encumbrances of a third party;
f) you shall comply with all other requirements to complete the Sale Transaction, including without limitation, any shipping instructions required by GCM;
g) the Card has not been submitted/listed for sale elsewhere and will not be in the future;
h) you shall be responsible for the value asserted with respect to Cards sold to GiftCard Mart for 1 Calendar Year after we receive and verify the Card from you and GiftCard Mart reserves the right to charge your credit card and/or debit a future sale payout in the event the sale transaction was fraudulent, the value of the Cards to be sold is less than asserted by you, or if you attempt to use a Card after initiating a sale of that Card to GiftCard Mart; and
i) the Cards are in your actual possession either electronically and/or physically. We do not allow the speculative listing or selling of gift cards.
5. Right of Acceptance. In order to ensure the integrity of the GiftCard Mart, we reserve the right to reject any card or cards that we believe, in our sole discretion, may be fraudulent or stolen, or which may have come from an unauthorized source, or which have been submitted/listed for sale elsewhere, or which otherwise may pose a financial risk to us, our users, or merchants and gift card issuers. GiftCard Mart accepts no liability for any lost or damaged packages or packages altered in transit.
6. Invalid Gift Card. If GiftCard Mart receives a claim or otherwise discovers that a Card you sold through GiftCard Mart has had the value depleted, the Card was expired, the Card was submitted/listed for sale elsewhere, or the Card was for a business that has closed, and GiftCard Mart is able to verify such claim, GiftCard Mart reserves the right to charge you a replacement fee equal to the original value of the Card, plus an additional $15 replacement fee ("Replacement Fee") for 1 Calendar Year following the submission and verification of the Card. You agree and authorize GiftCard Mart to immediately charge any such Replacement Fee to you using the method you have selected in your account settings or provided during the Sale Transaction, have the charge deducted from a future payout or recaptured in another reasonable manner. You also agree to be responsible for any of our collection costs, court costs and/or attorney fees incurred in the course of our collection attempts. You also acknowledge and agree that GiftCard Mart retains sole and final authority to make determinations of invalid gift card sales.
7. Fraudulent Gift Cards. If GCM receives a claim or otherwise discovers that a Card you sold to GiftCard Mart has had the value intentionally depleted, invalidated, cancelled, and/or spent without our express written consent, we reserve the right to indefinitely extend the 1 Calendar Year time period in which you responsible for the integrity of your submitted card to any and all cards you have sold to us. You agree and authorize GiftCard Mart to immediately charge any such Replacement Fee to you using the payment method you have selected in your account settings or provided during the Sale Transaction, have the charge deducted from a future payout or recaptured in another reasonable manner. You also agree to be responsible for any of our associated collection costs, court costs and/or attorney fees incurred in the course of our collection attempts. You also acknowledge and agree that GiftCard Mart retains sole and final authority to make determinations of fraudulent gift card sales.
8. Card Sale Guidelines.
The following sale guidelines ("Card Sale Guidelines") list the minimum requirements that GiftCard Mart sets forth in connection for any Sale Transaction of a Card on or through the GiftCard Mart. GiftCard Mart may, at any time and in its sole discretion, update, modify, add or delete the requirements set forth in these Card Sale Guidelines.
a. The Card must not have a balance below the reported balance at the time of the Sale Transaction.
b. All gift cards must have a minimum balance of $20.00 unless you have an active bulk seller account, in which the minimum balance is $10.00 for electronic cards only.
c. The Card must not have an expiration date.
d. The Card must not have been obtained from secondary market (i.e Raise.com, Giftcardzen.com, Cardpool.com, ABCgiftcards.com, CardCash.com, Giftcards.com, SaveYa.com, GiftCardRescue.com, JunkCard.com, CardKangaroo.com, GiftCardSpread.com, CardFlip.com, GiftCardBin.com, MonsterGiftCard.com, PayMoreStores.com, Gift Card Outlet, GiftMe, Jendis, eSaving.com...etc)
9. Payment of Sales Proceeds.
- Unless otherwise noted, requests for payment by PayPal are considered a means of expediting payment, and PayPal may assess additional charges and fees that GiftCard Mart is not responsible for unless other payment methods are not available, in which case GCM will add an additional 2.9% to your gross payout amount as compensation for these charges and fees.
- Unless otherwise noted, requests for payment by Wire Transfer are considered a means of expediting payment. GCM will deduct a $35 Wire Transfer Fee from your gross payout amount to compensate for the Wire Transfer Fee imposed upon GCM by our Financial Institution(s).
- Unless otherwise noted, all payments will be made electronically via Dwolla at no charge to the Seller.
- All Checks will be sent to the address listed as the billing address for Seller’s credit card;
- Requests to mail checks to an address other than the credit card billing address will only be honored if the Seller provides a copy of a valid driver’s license or state identification card;
- All checks expire within 60 days of date of issue;
- A $5 fee will be assessed to reissue a check after the 30-day expiration date has lapsed, and this fee will be waived if the user maintains a bulk seller account in good standing;
- A $35 fee will be assessed to reissue a check prior to the lapse of the 30-day expiration date;
- Unless otherwise communicated from a GCM Account Manager in writing, a sell order in excess of $2500 has been submitted, a single sell order of more than 35 cards is submitted, or it is a Seller's first sale to GiftCard Mart, GCM will make every reasonable effort to ensure payment to a Seller is made within 14 business days of receipt and verification of a Seller’s cards.
- Single or Co-Family brand submissions of $2500+ (face value) must receive pre-clearance from an Account Manager, regardless of the number of selling orders.
- Payouts are not made during the 52nd week of the year.
10. Removal of Listed Gift Cards. All sales are final in the GiftCard Mart marketplace and GiftCard Mart strives to protect you as a Buyer from loss resulting from purchasing an invalid, fraudulent or stolen Card. Notwithstanding anything to the contrary contained herein, GiftCard Mart’s liability to you for any loss, damage or injury suffered by you in any way related to the Site or any Cards or services used or purchased by you, or for any breach of any term or condition of this Agreement, or for any Damages, regardless of the form of action, will at all times be limited to the LESSER of the following:
1. the sum total of all purchases made by you during the thirty (30) day period prior to the date you notify us that you have suffered a loss or injury of any kind;
2. two hundred and fifty ($250) dollars; or
3. the Lost Value of the gift card, coupon or other Card that was purchased and is the subject of a claim for loss, provided, however, that we can reasonably determine the Lost Value and you fully cooperate in our investigation regarding the Lost Value.
“Lost Value” shall mean the difference between the monetary value of the Card that you expected to receive based on the description of the Card at the time of sale and the terms and conditions associated with the Card from the issuing merchant of the Card, and the actual value which could be redeemed from the Merchant by tendering the Card and complying with all the terms and conditions set by the merchant. For example, if you purchased a Card that was described as having a value of $200, and you presented the Card to the relevant merchant and discovered that the Card had a remaining value or balance of $160, the Lost Value would be $40. These limitations shall apply to the fullest extent permitted by the applicable law.
Please review the section labeled “Disputes” for procedures following the event of a dispute or claim. Please note that your limited rights as set forth under this section may be forfeited or waived if you fail to provide proper notice or comply with other terms and conditions set forth under the section labeled “Disputes”.
Refunds will be issued to the original form of payment with 72 hours of an accepted refund request.
It is imperative that you use and express discretion when using our Site or any site that may be similar in the service provided. Our business is in purchase or selling of Cards, Merchandise Credits, and other similar Cards. Despite any attempt to ensure your satisfaction, we cannot prevent every act or intention to commit fraud by scamming or other illegitimate means. Please follow the following terms and conditions in the event you have a dispute regarding the purchase or sale of any Card you have made through the use of our Site.
- Notify GCM via by filing a support ticket via the Help Desk link located at the bottom of every page. GiftCardMart.com reserves all rights to conclude and offer, if warranted and applicable, a reasonable remedy for your complaint. In the event your complaint violates the Usage Policy, the Terms & Conditions for our website, any other policy not herein, or any and all applicable state and federal laws, we will dismiss your complaint and take reasonable action to procure a judgment against you.
- GCM reserves the right to cancel any order at any time for any reason as determined by our sole and absolute discretion.
- GCM reserves the right to waive any and all liability for cards that are purcahsed from us and then resold to another gift card exchange, marketplace or similar.
GiftCard Mart will review your complaint and notify you in the event that we shall require additional information or documents. You agree to fully and timely cooperate with all requests we may make in the complaint resolution process. In the event you fail to respond to any request we may make in relation to a complaint within five (5) days, we reserve the right to close the complaint and take no further action in the matter, in which event it shall conclusively be presumed that your complaint has been resolved to your satisfaction. Furthermore, in the event you have not notified us for any reason of a complaint within one hundred (100) days after purchase of the Card, unless the product cannot be used within a thirty (30) day period after purchase, in which event within one hundred (100) days of the first day on which the Card can be used, you hereby agree that all rights to receive any compensation from GiftCard Mart (as set forth under the sections labeled GiftCard Mart “Our Guarantee”) shall be waived and forfeited and we shall have no further liability or obligation with regard to such claim. We reserve the right to refer any complaint to the proper authorities for investigation or review.
You understand and agree that GiftCard Mart may, without further notice or warning and in our sole discretion, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes and for our own protection. You acknowledge and understand that, while your communications with us may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by GiftCard Mart, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.
If (a) a sale is cancelled for any reason; (b) you engage in any activity prohibited under this Agreement; (c) we reasonably believe that you have committed fraud or any other illegal act or omission during any buying or selling activity; (d) subject to the exceptions set forth in “Gift” Section 4.8, you aren’t able to produce the exact gift card that you have listed on the Site or send the gift card on or before the expected shipment date or you otherwise fail to fulfill the sale or your gift cards; (e) you send incorrect, misrepresented, invalid, fraudulent, or counterfeit gift cards for any sale or portion of a sale; (f) you resell, invalidate, or change a gift card; (g) you otherwise owe GiftCard Mart a specific amount, then you authorize GiftCard Mart to withhold payment or charge your payment method any amount you owe us and all costs GiftCard Mart incurs due to your conduct, including but not limited to: a late shipment fee or late delivery fee, reissue fee, shipping rerouting charges, the of replacement gift cards and other costs required to compensate the buyer for his or her bad experience. We may also first deduct any amount you owe us from any amount we owe you. Closing of accounts or opening and maintaining more than one account does not alter your total liability to us, and we may combine amounts due to us from multiple accounts. We may also refuse to accept Card sales that have not been shipped within one week of Card sale, unless otherwise coordinated with a GCM Account Manager.
You agree to defend, indemnify and hold harmless GiftCard Mart, its subsidiaries, its affiliates, their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of content you submit to the Site, post or make available through any service or website offered by GiftCard Mart, your use of such service, site or website, and your violation of any terms or conditions under this Agreement. Notwithstanding the foregoing, GiftCard Mart reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under this Agreement. You further agree to cooperate, at your expense, with GiftCard Mart’s defense of such claims. GiftCard Mart will use reasonable efforts to notify you of any such claim, action, or proceeding, which is subject to this indemnification upon becoming aware of it.
You agree that GiftCard Mart is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold GiftCard Mart and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest, and expenses (including reasonable attorneys’ fees) incurred by GiftCard Mart that arise out of any third party of governmental claim that involves, relates to, or concerns and federal, state, county, city, or other tax obligation or amounts due or owing under any tax regulation, law, order, or decree. You agree to provide GiftCard Mart with your Social Security Number or Tax ID Number(s) if necessary for GiftCard Mart to provide information to the Internal Revenue Service related to payments you receive from us and further authorize GiftCard Mart to release that information to the IRS or other competent governmental body.
Intellectual Rights and Property
The contents on the Site (“Site Content”) and the trademarks, service marks and logos contained therein, are owned by or licensed to GiftCard Mart and are subject to copyright and other intellectual property rights under the United States and foreign laws and international conventions. Site Content includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of GiftCard Mart in the United States and/or as part of domain names, in connection with any Product or service in any manner and may not be copied, imitated or used, in whole or in part, without the prior written permission of GiftCard Mart.
- You hereby grant to GiftCard Mart an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said information, content or material and to authorize sub-licenses of the foregoing.
- You hereby grant GiftCard Mart all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction or exploitation of the information, content or material by any party for any purpose.
Notice and Procedure for Making Claims of Copyright Infringement
GiftCard Mart respects the intellectual property of others. If you are a copyright owner, or an agent of a copyright owner, and you believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing GiftCard Mart’s Copyright Agent with the following information in writing (pursuant to 17 U.S.C. 512(c)(3)):
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
GiftCard Mart's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Copyright Agent - Legal Department
5201 Eden Ave, STE 300
Edina, MN 55436
Please note that this procedure is exclusively for notifying GiftCard Mart that your copyrighted material has been infringed.
We will make every reasonable effort to resolve any disagreements that you have with GiftCard Mart. If those efforts fail, by using this site you agree that any claim, dispute, or controversy you may have against GiftCard Mart arising out of, relating to, or connected in any way with this Agreement, this site, or the purchase or sale of any voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). You agree further that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures or at such other location as may be mutually agreed upon by you and GiftCard Mart(b) the arbitrator shall apply Minnesota law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or GiftCard Mart’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, GiftCard Mart will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (e) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor GiftCard Mart shall be entitled to arbitrate their dispute.
Governing Laws / Exclusive Jurisdiction
Any claim relating to use of the Site and/or Product or services we offer shall be governed by the laws of the State of Minnesota without regard to any conflicts of laws provisions. The federal and state courts of the State of Minnesota shall have exclusive jurisdiction to adjudicate any dispute arising out of use of this, or in any way relating to this Site and/or Product or services we offer. By using this Site and/or Card or services we offer, you expressly consent to: (i) the personal jurisdiction and venue of the courts of Minnesota and (ii) service of process being effected upon you by registered mail or electronic communication if we do not have a postal address for you.
To the extent that any term is deemed invalid or unenforceable by a court of law with jurisdiction over the matter, that term shall be severable and not affect the validity of remaining terms. The section headings used herein are for convenience only and shall be of no legal force or effect. This Agreement is not assignable, transferable or sub-licensable by you except with GiftCard Mart's prior written consent. GiftCard Mart may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind GiftCard Mart in any respect whatsoever. Any notice to the Site that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to email@example.com, when delivered in person by nationally recognized overnight courier, or when mailed by first class, registered or certified mail, postage prepaid, to:
GCM - Receiving
5201 Eden Ave, STE 300
Edina, MN 55436