1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement with respect to our site (the "www.CardCash.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.
2. Copyright. 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, except as allowed by Section 4, 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 right in such information and materials.
3. 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 CardCash in its sole discretion. If the account has been revoked, CardCash reserves the right to refuse application or readmission to the account.
4. 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).
5. 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.
6. 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.
7. Nontransferable. 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.
8. Disclaimer. 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.
9. 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 merchandise (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 CardCash.
10. Limits. 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 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.
12. 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.
13. 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.
15. Payments. 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.
16. Billing and Shipping Errors. CardCash 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 CardCash will consider re-shipping the missing item at no cost to the buyer. Re-shipping the item is at CardCash sole discretion. If CardCash does not ship the omitted item, it will refund the buyer for that portion of the order within 24-72 hours. If CardCash shipping department shipped additional cards or a card of greater value, the buyer accepts responsibility to notify CardCash of this error within 7 business days. CardCash will provide a free shipping label for the buyer to return the card. If the card is not returned, CardCash reserves the right to charge/bill the buyer for the remaining balance.
17. 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.
18. 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 Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
19. Submissions. 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.
20. Return Policy. Due to the nature of our online site, and the products listed, we CardCash have 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.
21. 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 us within 45 days of the purchase. We will then investigate the matter. If CardCash determines that the balance discrepancy was not a result of the customer use of the card, it will either replace the card or refund the purchase at CardCash's discretion. Prior to receiving a refund or a replacement, the customer, must return the purchase to CardCash via an authorized trackable shipping company. CardCash 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, CardCash shall not be responsible for any balance discrepancy or cards cancelled by a merchant. We may require cards delivered in physical form to be returned.
22. The following terms apply to Sellers and Traders who utilize the Sell and Trade sections of CardCash to sell or trade their gift cards. For simplicity, we will hereinafter only use the term Seller. Sellers who transact and sell or trade their gift card(s) to CardCash agree that as a condition to receiving payment or another gift card in exchange, if at any point in time after CardCash 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 CardCash and CardCash, 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 CardCash in any way; then CardCash 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 CardCash as a method of payment, Seller authorizes CardCash to make a withdrawal of the funds deposited. To the extent that Seller has supplied CardCash with a credit card number, then Seller authorizes CardCash to charge the applicable amount to such credit card. To the extent that CardCash has in its possession cards from Seller for a new order for which CardCash has not yet paid, then CardCash 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 CardCash 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 CardCash. If Seller does not issue such a refund, then CardCash 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 CardCash for its legal fees and costs in seeking reimbursement from Seller.
23. CardCash 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.
24. Shipping Policy. CardCash will be responsible to ship out the order as per the method selected by the customer at the time the order was placed. CardCash generally will ship out the order within 1-2 business days from the time the order was placed. However, CardCash reserves the right to ship out the order up to seven business days. CardCash will provide the customer a tracking number as proof that the order has been shipped out. No further proof is required. Once the tracking number provided by CardCash indicates that it is in route with the carrier, CardCash shall bear no further responsibility for the shipment. Once the tracking information declares the package to be delivered CardCash shall be absolved from all claims of non receipt even if shipping insurance has been selected.
25. Right To Refuse An Order. CardCash reserves the right to refuse any order placed. Additionally, if there was a mistake in the price of an order or coupon applied, CardCash reserves the right to notify the customer to pay the difference or cancel the order. CardCash reserves the right to cancel the order at anytime.
26. Venue; Applicable Law. 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 CIRCUIT COURT OF OCEAN COUNTY, NJ OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY. 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 EAST WINDSOR, NJ OR THE DISTRICT OF NEW JERSEY IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by CardCash, in the State of New Jersey, USA. As such, the laws of New Jersey 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.
27. Lapsed Accounts: In order to keep CardCash accounts current, if a customer does not access his or her account for a period of 90 days or more, CardCash may, in its sole discretion, terminate such customer's account. CardCash will endeavor to notify a customer of CardCash 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 with 10 days after the day it is sent by CardCash, such customer's account will be terminated as noted above. Therefore, CardCash strongly recommends that all customers keep their accounts and contact data current and in use. While CardCash desires to prevent active accounts from being terminated prematurely, CardCash has no obligation to maintain accounts that appear to CardCash 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.
28. Verify Customers' Address: CardCash 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 CardCash.
29. Promotional and Expiration Date: CardCash does not accept gift cards that are promotional, have any restrictions, or have an expiration date.
30. Cards from other marketplaces: CardCash does not accept gift cards that were previously purchased from a secondary gift card marketplaces including cards purchased on this site.
31. Identity and location verification: You authorize CardCash to request your mobile carrier to use your mobile subscriber details for verifying your identity. Additionally, you authorize CardCash 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.
32. 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.
33. By entering into this agreement, you agree to the terms of service of SynapsePay (our banking software provider) found here (https://synapsepay.com/legal) which are incorporated herein by reference.
34. By providing CardCash with your credit card information you authorize CardCash to submit that information to a secure credit card processor and/or secure credit card gateway provider. Additionally, if you elect to allow CardCash to store your credit card information for future use, CardCash may securely store it with a secure credit card processor and/or secure credit card gateway provider.
35. By using CardCash you expressly authorize CardCash's service provider, Dwolla, Inc. to originate credit transfers to your financial institution account.