Terms of Service

Last Updated: January 15, 2025

1. Introduction

Welcome to Seller Gift ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our digital gift card marketplace platform and services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

2. Definitions

  • "Platform" refers to the Seller Gift website, applications, and related services.
  • "Seller" refers to businesses that list and sell gift cards through our Platform.
  • "Buyer" refers to individuals or entities that purchase gift cards through our Platform.
  • "Gift Card" refers to digital or physical prepaid cards offered for sale on our Platform.
  • "Marketplace" refers to the seller-specific storefronts hosted on our Platform.

3. Eligibility

To use our Services, you must:

  • Be at least 18 years old or the age of legal majority in your jurisdiction
  • Have the legal capacity to enter into binding contracts
  • Not be prohibited from using our Services under applicable laws
  • Provide accurate and complete registration information

4. Seller Terms

4.1 Account Registration

Sellers must create an account and complete our verification process, including KYB/KYC requirements, before listing gift cards on the Platform.

4.2 Listing Requirements

  • All gift card listings must be accurate and not misleading
  • Gift cards must be valid and redeemable as described
  • Sellers must maintain adequate inventory for listed items
  • Prohibited items and fraudulent listings are strictly forbidden

4.3 Fees and Payment

Sellers agree to pay applicable platform fees, transaction fees, and payment processing fees as outlined in your seller agreement. Fees are subject to change with 30 days' notice.

4.4 Fulfillment

Sellers are responsible for fulfilling orders promptly and delivering gift cards as promised. Digital gift cards must be delivered within 24 hours of payment confirmation.

5. Buyer Terms

5.1 Purchases

By purchasing a gift card, you agree to pay the listed price plus any applicable fees. All sales are final unless otherwise stated by the seller or required by law.

5.2 Gift Card Usage

  • Gift cards are subject to the terms and conditions of the issuing brand
  • Seller Gift is not responsible for restrictions imposed by gift card issuers
  • Lost or stolen gift cards cannot be replaced unless stated otherwise
  • Gift cards may have expiration dates or usage restrictions

5.3 Refunds and Returns

Refund policies are set by individual sellers. Digital gift cards are generally non-refundable once delivered. Contact the seller directly for refund requests.

6. Payment Processing

We use third-party payment processors (Stripe, PayPal, etc.) to handle transactions. By using our Services, you agree to the terms of these payment processors. We do not store complete payment card information on our servers.

You authorize us to charge your selected payment method for all purchases. You are responsible for maintaining accurate payment information.

7. Intellectual Property

The Platform and its content (excluding user-generated content) are owned by Seller Gift and protected by copyright, trademark, and other intellectual property laws.

Sellers retain ownership of their brand names, logos, and listing content but grant us a license to display and promote this content on the Platform.

8. Prohibited Activities

You agree not to:

  • Engage in fraudulent activities or money laundering
  • List or purchase stolen or counterfeit gift cards
  • Violate any applicable laws or regulations
  • Interfere with the Platform's operation or security
  • Impersonate others or provide false information
  • Scrape, crawl, or use automated tools without permission
  • Harass, abuse, or harm other users
  • Circumvent our fees or payment systems

9. Privacy and Data Protection

Your use of our Services is subject to our Privacy Policy, which explains how we collect, use, and protect your personal information. By using our Services, you consent to our data practices as described in the Privacy Policy.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

We are a marketplace platform and not a party to transactions between buyers and sellers. We do not guarantee the quality, safety, or legality of gift cards listed on the Platform.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLER GIFT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES.

Our total liability to you for any claims arising from your use of the Services shall not exceed the greater of (a) $100 or (b) the amount you paid us in the 12 months before the claim arose.

12. Indemnification

You agree to indemnify and hold harmless Seller Gift and its affiliates from any claims, damages, losses, and expenses (including legal fees) arising from your use of the Services, violation of these Terms, or infringement of any rights of others.

13. Termination

We may suspend or terminate your account at any time for any reason, including violation of these Terms. You may terminate your account by contacting us. Termination does not relieve you of obligations incurred before termination.

14. Dispute Resolution

Any disputes arising from these Terms or your use of the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law.

You agree to waive your right to participate in class action lawsuits or class-wide arbitration.

15. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the Platform. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

17. Contact Us

If you have questions about these Terms, please contact us at:

Seller Gift Legal Team

Email: legal@sellergift.com

Address: 123 Market Street, Suite 100, San Francisco, CA 94105

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