User Agreement
GIFT CARD GENIE USER AGREEMENT
Gift Card Genie’s User Agreement
describes the terms and
conditions under which Gift Card
Genie offers its services to
you. Usage of the Gift Card
Genie website constitutes
acceptance of these terms and
conditions. Terms and conditions
may be amended from time to time
and will be effective upon
posting to the site. Users are
encouraged to consult the
website for notification
regarding amendments.
This User Agreement is effective
on March 30, 2007.
Using Gift Card Genie
By using the Gift Card Genie
website all users are agreeing
to the terms and conditions set
forth in the User Agreement and
Privacy Policy (“terms and
conditions”).
Gift Card Genie users must be at
least 18 years of age and able
to form legally binding
contracts. Users under 18 years
of age may use the site only
with parental permission and
supervision.
Gift Card Genie users must
reside in the United States and
adhere to all rules and
regulations set forth in the
User Agreement.
Gift Card Genie Posting Rules
Maximum value of posted gift
cards is not to exceed $999.99.
Any information (other than
billing) you provide to us or
other users in the registration,
posting process, or in e-mails
is considered public.
All information contained in
your “details” page must abide
by the following regulations:
o Information cannot be false,
inaccurate or misleading
o Information cannot violate any
third party's copyright, patent,
trademark, trade secret or other
proprietary rights or rights of
publicity or privacy
o Information cannot violate any
law, statute, ordinance or
regulation
o Information cannot be
defamatory, derogatory,
threatening, harassing or
otherwise inappropriate, at the
sole discretion of Gift Card
Genie.
o Information cannot link or
lead directly or indirectly to
any website or posting existing
outside of Giftcardgenie.com
Listings with images that are
larger than the maximum
sizes will be not be posted on the site with the image intact.
Gift Card Genie reserves the
right to remove any listing that
violates the rules outlined in
this agreement.
Rules of Buying
ALL SALES ARE FINAL.
Gift Card Genie uses Paypal as
our payment gateway. Buyer’s
credit card will be charged for
price of gift card, plus
shipping if applicable.
Gift cards are subject to the
laws of the state in which they
were originally purchased. Gift
Card Genie requires that all
postings list the original state
of purchase. Users are
encouraged to read resource
information available to the
public at: state laws page or
contact the applicable state
agency.
Rules of Selling
All sellers are required to have
PayPal accounts and will be paid
through the e-mail address
attached to the account. Sellers
can register for a PayPal
account at www.paypal.com.
Sellers must legally be able to
sell their gift card on our
site. Some gift cards may state
that the card is not eligible
for sale. Please carefully read
the back of your card before
placing it for sale.
Seller agrees to accurately
represent the merchant, card
condition, dollar amount,
expiration date and purchase
location of the gift card for
sale
Sellers are advised to call the
800 number or visit the website
listed on the back of their card
in order to ensure that no fees
have been recently assessed
which would alter the gift
card’s value.
If a seller has a dispute
regarding the value of their
gift card, they must first
settle it with the gift card
company prior to selling it on
the website.
Sellers are required to mail their gift card to Gift Card Genie once a listing is created. *Please note: listings will not be activated until Gift Card Genie has received the gift card and verified the card balance.
Once a gift card is posted, the
seller agrees to refrain from
using the card number unless it is
first removed from the website.
Sellers agree to allow Gift Card
Genie access to all information
pertaining to their gift card.
Sellers who do not accurately
list their gift card will be notified of the discrepancy by Gift Card Genie.
Sellers agree to pay all
shipping costs associated with shipping their gift card to Gift Card Genie.
Sellers waive all
rights to reconsider after a
sale has been executed.
Sellers agree to ship their gift card to Gift Card Genie via
certified mail or in a package
with a tracking label.
Sellers understand that Gift Card Genie does not guarantee delivery of their gift card and that any disputes regarding delivery must be taken up with the shipping service.
Disputes
Suspected illegal activities
will be treated as illegal
activities for purposes of
resolution and users are
encouraged to contact local law
enforcement for investigation.
In cases where a dispute arises
between users, users may contact
Gift Card Genie to receive
information provided by the
seller. Gift Card Genie will
provide the seller’s
information, but will not be
involved in settling the
dispute. In the case of a
dispute with another user, you
release Gift Card Genie (and its
officers and employees) from
claims, demands and damages
(actual and consequential) of
every kind and nature, known and
unknown, suspected and
unsuspected, disclosed and
undisclosed, arising out of or
in any way connected with such
disputes.
Mail or Conveyance Risk
Many of the items purchased on
our site will be sent via mail
or similar conveyance. There is
inherent risk in shipping items.
Gift Card Genie requires all
sellers to ship packages with a
tracking label or via certified
mail. Regardless, Gift Card
Genie does not assume any
liability for any loss incurred
as result of the mail or similar
conveyance.
Information Contained in
Postings
Gift Card Genie does not control
how users describe their gift
cards. Please be advised that
some descriptions may be
inaccurate, offensive,
impertinent or deceptive. Usage
of our website constitutes
acceptance of the risks
involved, as well as an
understanding that Gift Card
Genie is in no way responsible
for the postings of our users.
Gift Card Genie has implemented
various fraud prevention
measures in order to protect our
users. However, as with all
internet marketplaces, users are
encouraged to use their best
judgment when purchasing or
swapping.
Gift Card Genie Fees
Gift Card Genie does not charge any fees for selling or swapping gift cards.
Gift Card Genie reserves the
right to change the fee
structure at any time without
direct notification to our
users. Changes to the fee
structure are effective 30 days
after posting to the site.
Abusing Gift Card Genie
You can contact Gift Card Genie
at violations@giftcardgenie.com to report policy
violations. Without limiting
Gift Card Genie’s remedies, Gift
Card Genie may limit, suspend or
terminate our service for
violations of the User
Agreement.
Liability
You will not hold Gift Card
Genie responsible for other
users’ actions or inactions. You
acknowledge that Gift Card Genie
is a venue to allow anyone to
buy, sell or swap gift cards. We
are not involved in the actual
transaction between buyers and
sellers or swappers. We have no
control over and do not
guarantee the truth or accuracy
of the postings, the ability of
the sellers to sell items, the
ability of the buyer to buy
items, or that the buyer or
seller will actually complete a
transaction. We are not liable
for any loss of money arising
from your use of our site. Under
all circumstances, Gift Card
Genie’s liability to you is
limited to the total fees you
paid to Gift Card Genie.
Privacy
We do not sell or rent your
information to other third
parties without your explicit
consent. For questions
concerning our privacy policy,
please visit our privacy policy
page.
Indemnity
You will indemnify and hold us
harmless from any claim or
demand including reasonable
attorney’s fees resulting from
your breach of this agreement or
your violation of the rights of
a third party.
No Agency
No agency, partnership, joint
venture, employee-employer or
franchiser-franchisee
relationship is intended or
created by this Agreement.
Notices
Legal notices will be served on
Gift Card Genie’s registered
agent.
Gift Card Genie is not
responsible for verifying the
identity of our users. Please be
advised that users may have
interactions with minors or
people acting under false
pretenses.
Although Gift Card Genie
performs random gift card
verifications, we are not
responsible for ensuring that
fraudulent gift cards are not
posted. |