CARD FLIP’S CONDITIONS OF USE
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
- This Service is intended solely for Users who are eighteen (18) years of age or older, and any registration, use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. If we become aware that you are using the Service even though you are under 18, we will deactivate your account.
- Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement with respect to our site ("www.CardFlip.com"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. Additionally, completing a purchase or completing a sell or trade transaction on our site, indicates that you have read and accepted these terms and conditions.
- Gift Cards. The term "gift card(s)" or "card(s)" when used on this site refers to physical plastic cards, paper gift certificates, gift card numbers with or without pin numbers in a digital form, whether originally purchased for personal use or for gifts, issued as a refund for returned gift cards (or for any reason) in the form of a merchandise credit, or any combination of these options, which at the time of sale, are accepted by the issuing retailer in the form they are sold by CardFlip.
- Fraud: By becoming a customer, you confirm that the information provided to us is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your account can be canceled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by CardFlip in its sole discretion.
- The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any rights in such information and materials.
- Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
- Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
- Indemnification . You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
- Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
- THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
- All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM THE USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
- Third-Party Services. We allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
- Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
- You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes. Please note that any incorrect and/or fraudulent information will result in delays on payment, and may prohibit payment altogether.
- Billing and Shipping Errors. CardFlip reserves the right to cancel an order partially or completely for items that are out of stock or for items that were omitted by our shipping department. Once notified that an item was omitted CardFlip will consider re-shipping the missing item at no cost to the buyer. Re-shipping the item is at CardFlip’s sole discretion. If CardFlip does not ship the omitted item, it will refund the buyer for that portion of the order within 24-72 hours. If CardFlip shipping department shipped additional cards or a card of greater value, the buyer accepts responsibility to notify CardFlip of this error within 7 business days. CardFlip will provide a free shipping label for the buyer to return the card. If the card is not returned, CardFlip reserves the right to charge/bill the buyer for the remaining balance.
- Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
- Links to Other Web Sites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Website on our Site does not imply approval or endorsement of the linked Website by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
- All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
- Return Policy. Due to the nature of our online site, and the products listed, CardFlip has a strict NO RETURN policy for any product. No product shall be able to be returned for a like item, or for a cash refund. Additionally, orders cannot be canceled once the order has been placed.
- Goods Not As Described 45 Day Return Policy. If a gift card turns out to be a fraudulent card and is cancelled by the merchant or if there is any other balance discrepancy, the customer must contact CardFlip within 45 days of the purchase. We will then investigate the matter. If CardFlip determines that the balance discrepancy was not a result of the customer use of the card, or fraud, it will either replace the card or refund the purchase. CardFlip will only honor returns that fall into this category for claims made within 45 days of the purchase. Claims made after 45 days of the purchase date will not be refunded even if the balance discrepancy or cancellation occurred within the 45-day period. The claim must be emailed to [email protected]. Please keep a copy of the time stamp and submission for your records. After 45 days, CardFlip shall not be responsible for any balance discrepancy or cards cancelled by a merchant. If CardFlip requires cards delivered in physical form to be returned, the customer must return the purchase to CardFlip, and it must be via an authorized trackable shipping company and prior to receiving a refund or a replacement.
- Buying and Selling Gift Cards
The Service enables Users with Member Accounts to buy and sell Gift Cards. You agree to pay all applicable taxes and charges imposed by any government entity in connection with your use of the Service. You agree that CardFlip is not liable for lost, damaged or stolen mail, and that it is your responsibility to ensure that any physical gift cards you are required to send to CardFlip arrive safely at CardFlip’s processing centers, or the designated recipient (as applicable for Marketplace transactions). CardFlip is not responsible if you enter incorrect or inaccurate shipping, payment, or billing information.
A. Buying Gift Cards
You acknowledge and agree that you must pay for any Gift Cards you buy with a valid credit card (that you are authorized to use) or by other methods as the Service may allow. The Gift Cards you purchase using the Service are subject to the terms and conditions of the third-party merchant with whom it is redeemable (each a “Retailer”). CardFlip is not responsible for the acts or omissions of any Retailer(s), or any fees, expiration dates, or terms and conditions associated with a Retailer’s Gift Card sold through the Service.
B. Selling Gift Cards
The following terms apply to Sellers and Traders (hereinafter “Sellers”) who utilize the Sell and Trade sections of CardFlip to sell or trade their gift cards. Sellers who transact and sell or trade their gift card(s) to CardFlip agree that as a condition to receiving payment or another gift card in exchange, if at any point in time after CardFlip has paid Seller for such gift cards there is a change from the gift card balance from the balance specified on the original sales invoice by and between Seller and CardFlip, in its sole and absolute discretion, believes that such modification was caused by: (a) the use of the applicable gift card by Seller, (b) the use of the gift card by the party who sold the gift card to Seller, (c) the use of the gift card by a party who was employed by Seller or affiliated with Seller, or (d) due to suspected fraudulent activity the issuing merchant places a freeze on the balance of the applicable gift card or cancels the applicable gift card (each, a "Bad Card" and collectively, "Bad Cards"), and the applicable Bad Card causes a loss, claim, judgment, damage, and/or liability (collectively, "Claims") to CardFlip in any way; then CardFlip shall have complete authority to charge-back its method of payment to Seller for the Bad Cards. To the extent that ACH was utilized by and between Seller and CardFlip as a method of payment, Seller authorizes CardFlip to make a withdrawal of the funds deposited. To the extent that Seller has supplied CardFlip with a credit card number, then Seller authorizes CardFlip to charge the applicable amount to such credit card. To the extent that CardFlip has in its possession cards from Seller for a new order for which CardFlip has not yet paid, then CardFlip has the complete authority, in its discretion to either (a) hold back its payment for such cards, or (b) deduct the applicable amount corresponding to Bad Cards from the new payment amount owed to Seller. If CardFlip is unsuccessful in making an ACH withdrawal, charging back its method of payment, charging the applicable credit card, or deducting the amount from a future order, then Seller is responsible to issue a full refund to CardFlip. If Seller does not issue such a refund, then CardFlip may use any available remedies at law and in equity to collect reimbursement from Seller for same and in all such cases, Seller shall be responsible to reimburse CardFlip for its legal fees and costs in seeking reimbursement from Seller.
SELLER REPRESENTATIONS AND WARRANTIES. AS A CardFlip USER YOU HEREBY REPRESENT AND WARRANT IN CONNECTION WITH ANY GIFT CARD YOU SELL THROUGH OR ON THE SERVICE, THE FOLLOWING:
- I) THE GIFT CARD IS VALID;
- II) THE GIFT CARD IS REDEEMABLE FOR THE AMOUNT OF CREDIT THAT YOU STATE THROUGH THE SERVICE AND THE SAME BALANCE WILL REMAIN ON THE CARD UNTIL IT CAN BE REDEEMED BY A SUBSEQUENT PURCHASER;
III) YOU HAVE NOT IN ANY WAY RETAINED A WAY TO REDEEM THE GIFT CARD AFTER SELLING OR LISTING THE CARD;
- IV) THE GIFT CARD AND ANY INTEREST THEREIN IS FULLY TRANSFERABLE TO CardFlip OR THE BUYER IN THE MANNER CONTEMPLATED BY THIS AGREEMENT, WITHOUT VIOLATING ANY CONTRACTUAL, LEGAL, OR OTHER RIGHT;
- V) YOU ARE THE SOLE, LAWFUL OWNER OF THE GIFT CARD AND ALL INTERESTS THERETO; VI) THE GIFT CARD IS NOT SUBJECT TO ANY LIENS, OBLIGATIONS, OR ENCUMBRANCES OF A THIRD PARTY;
VII) THE GIFT CARD IS NOT STOLEN, PROCURED BY FRAUD, OR OTHERWISE SUBJECT TO A LEGAL DISPUTE;
AND VIII) YOU WILL COMPLY WITH ALL OTHER REQUIREMENTS OF THE SERVICE TO COMPLETE THE GIFT CARD TRANSACTION, INCLUDING (WITHOUT LIMITATION) SHIPPING INSTRUCTIONS.
AUTHORIZATION AND CHARGES. FOR EACH TRANSACTION THROUGH THE SERVICE CardFlip MAY AUTHORIZE THE CREDIT CARD YOU PROVIDE TO ENSURE ITS VALIDITY. FOR ANY PAYMENT INSTRUMENT YOU PROVIDE THROUGH THE SERVICE, YOU AUTHORIZE CardFlip TO CHARGE A ONE DOLLAR ($1) AUTHORIZATION CHARGE WHICH WILL BE REVERSED OR REFUNDED UPON VERIFICATION OF THE PAYMENT INSTRUMENT. PLEASE NOTE: CERTAIN BANKING INSTITUTIONS DON'T PROCESS REVERSAL OR REFUND REQUESTS IMMEDIATELY. IF YOU HAVE QUESTIONS ABOUT AN AUTHORIZATION, REVERSAL, OR REFUND, CardFlip RECOMMENDS YOU CONTACT YOUR BANKING INSTITUTION DIRECTLY.
BY SELLING A GIFT CARD TO CardFlip OR ON THE CardFlip MARKETPLACE YOU AUTHORIZE CardFlip TO CHARGE THE PAYMENT CARD YOU PROVIDE ON FILE, WITHHOLD ANY PAYMENTS OWING TO YOU, OR ASSESS A REPLACEMENT CHARGE AND FEE. YOU FURTHER AGREE THAT YOU WILL BE CHARGED A REPLACEMENT FEE IF THE GIFT CARD PROVES TO BE INVALID, VOID, LESS THAN THE AMOUNT LISTED OR VERIFIED, STOLEN, FRAUDULENT, OR OTHERWISE UNACCEPTABLE AS DETERMINED IN CardFlip’S REASONABLE DISCRETION (AN “INVALID GIFT CARD”). THE REPLACEMENT FEE FOR AN INVALID GIFT CARD WILL BE EQUAL TO THE BALANCE THAT YOU REPORTED AT THE TIME OF THE SALE OR MARKETPLACE LISTING PLUS AN ADDITIONAL $10 SERVICE FEE. CardFlip IS NOT RESPONSIBLE FOR ANY ERRORS THAT YOU HAVE MADE IN ENTERING GIFT CARD INFORMATION.
- Merchant Bankruptcy: CardFlip is not liable in the event that the issuing merchant of the gift card declines to accept it upon declaring bankruptcy, or because of changes to its gift card acceptance policy.
- Shipping Policy. CardFlip generally will ship an order within 1-4 business days from the time payment is processed. However, CardFlip reserves the right to delay shipment up to seven business days. CardFlip may choose to provide a tracking number as proof that the order has been shipped out. No further proof is required. When the tracking number provided by CardFlip indicates that it is in route with the carrier, CardFlip shall bear no further responsibility for the shipment.
- Right To Refuse An Order . CardFlip reserves the right to refuse any order placed. Additionally, if there was a mistake in the price of an order or coupon applied, CardFlip reserves the right to notify the customer to pay the difference or cancel the order. CardFlip reserves the right to cancel the order at any time.
- Venue; Applicable Law (We want Califonia Law on this one) . YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE SUPERIOR COURT OF MARICOPA COUNTY OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT MARICOPA COUNTY, ARIZONA, OR THE DISTRICT OF ARIZONA IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by CardFlip, in the State of ARIZONA, USA. As such, the laws of Arizona will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
- Lapsed Accounts: In order to keep CardFlip accounts current, if a customer does not access his or her account for a period of 90 days or more, CardFlip may, in its sole discretion, terminate such customer's account. CardFlip will endeavor to notify a customer of CardFlip intent to terminate such customer's account by notice to such customer's provided email address at least ten days prior to deactivation. If the customer fails to respond to such email notice within 10 days after the day it is sent by CardFlip, such customer's account will be terminated as noted above. Therefore, CardFlip strongly recommends that all customers keep their accounts and contact data current and in use. While CardFlip desires to prevent active accounts from being terminated prematurely, CardFlip has no obligation to maintain accounts that appear to CardFlip to have been abandoned. Each customer agrees that failure to access his or her account for 90 days or more conclusively indicates that such customer's account has been abandoned and that the account may therefore be terminated.
- Verify Customers' Addresses: CardFlip reserves the right to contact a customer via email to verify the accuracy of account information (including the customer's correct name and address) that is needed to provide the customer with the information he or she requested from CardFlip.
- Promotional and Expiration Date: CardFlip does not accept gift cards that are promotional, have any restrictions, or have an expiration date.
- Cards from other marketplaces: CardFlip does not accept gift cards that were previously purchased from a secondary gift card marketplaces including cards purchased on this site.
- Identity and location verification: You authorize CardFlip to request your mobile carrier to use your mobile subscriber details for verifying your identity. Additionally, you authorize CardFlip to perform a background check or access personal information from credit bureaus to aid in fraud prevention. Those details may include name, billing address, email, and phone number. This information may also include location information, if available.
You authorize your mobile carrier, and their authorized data sources, to provide your account/subscriber information to us, including (if available) your name, address, email and device data for these purposes.