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Terms and Conditions


Welcome to Giftah, the online marketplace for buying and selling gift cards. This user agreement outlines the sites terms of use and the agreement between you, the user, and Giftah (also referred to as 'us', 'our' Giftah.com' and 'we') with respect to use of this site. By using this site you unconditionally and fully agree to this user agreement. If you do not agree to the conditions outlined in this agreement, do not use this site. Giftah reserves the right to modify, change, revise or update this agreement at any time by updating this page. By using the site you agree to be bound by any changes we make to this agreement. 

About Giftah
  
Giftah is an online marketplace for buying and selling gift cards. Giftah allows registered users who wish to purchase gift cards ("Buyers") to find gift cards for purchase that are offered by other registered users who wish to sell their gift cards ("Sellers"). Gift cards advertised on Giftah are not verified at the time of listing, unless otherwise advertised by Giftah. If a card is advertised as "Verified by Giftah" the card's listed value and merchant has been confirmed by a Giftah staff member. It is free to list cards on Giftah. Giftah charges the seller a 6% commission fee of the final sale price of the gift card as well as a 30 cents (in whichever currency the card listed is in) transaction fee only when the sale of a card is completed. The fulfillment of purchased cards, including but not limited to delivery, shipment, sales taxes and meeting the cards advertised value must be provided by the seller through the national postal service of the country denoted by the cards currency. For example if a gift card is listed in Canadian funds, the card must be shipped by Canada Post. If the card is listed in American funds it must be shipped by the United States Postal Service. Alternative approved shipping partners in both countries include Fedex and UPS. Giftah only acts as a marketplace to allow buyers and sellers to transact their gift card business. 

Registered Users 

Registered users are members of the site, meaning they have submitted their e-mail address and account information to Giftah. Registered Users must agree to the terms and conditions outlined in Giftah's User agreement. You may only use this site and its services if you are a resident of the United States or Canada and able to form legally binding agreements. If you are not over the age of 18 you must get your parents to sign up for an account and accept the user agreement, only they may act on your behalf on Giftah. If you reside outside of the United States or Canada your are not eligible or permitted to use this website or any of its services. You many not buy or sell gift cards on Giftah if you do not meet the above requirements. 

We will not accept any request from you to buy or sell gift cards if you have not registered with us. For registration, you must provide your current and legal first name and last-name, e-mail, current address residing at, posta or zip code, country, and city. A username must also be provided. To use any of the services provided by Giftah, such as "Verified by Giftah" service you must have a valid debit or credit card that we accept or a verified PayPal account. Users also must select a password, this information which is submitted during registration is your account information. It is the user's responsibility to maintain the confidentiality of their account information. The user is responsible for all use of the site what they access through it. If any unauthorized use of your account occurs you agree to notify us immediately of the unauthorized use of your information or any other actual or suspected breach of Giftah's security. 

A person must have only one account registered on the website. One is not allowed to register more then one account on the site. Failure to this it may and will lead to account suspension and auction and bid terminations. 

Privacy

Any information submitted to use is subject to Giftah's Privacy Statement. At no time will Giftah provide any users information or account history to third parties unless illegal activity has occurred. Giftah will honor requests for user information by law enforcement agencies of the United States and Canada if such a request is received. Giftah may also share personal information with law enforcement agencies if an account is suspected of fraud. Other issues not regarding laws have been broken Giftah will under no circumstances share user information unless authorized to do so.

Buying, Selling and Listing Gift Cards On Giftah 

The listing process requires users to assign prices, value, merchants name, expiry date, serial number, PayPal e-mail address and currency. Other options include additional extra information and that the user wishes to provide. The users legally agrees to submit truthful information, the seller is legally responsible for all information submitted. When an auction ends without any valid bids being made the seller may re-list the card or keep it. When an auction ends with a valid bid, Giftah will inform the seller when the buyer has fully paid for the gift card. It then becomes the seller's responsibility to ship the card to the address provided by the buyer. After the buyer has confirmed receiving the card it is the buyer's responsibility to immediately confirm the value of the card. When the buyer informs Giftah of a successful transaction (by leaving feedback via their control panel) the seller is paid. The amount paid to the seller is the amount of the winning bid minus Giftah's transaction fees (6% of the final purchase price of the card) and commission (30 cents, of whichever currency the card is in). The buyer will not pay any commission or any additional fees. The buyer will add funds equivalent to the amount of the winning bid in order to purchase the card. A bid is legally binding and by bidding on a card a buyer agrees to pay the full amount of their bid if they win the auction. 

Verified by Giftah - Gift Card Guarantee 

All cards which bear the "Verified by Giftah" logo Giftah will attempt to verify the balance of a card once it is listed. Giftah will assign a rating to the card based on the information we gather about its balance at the time of listing. Giftah verifies gift cards based on the information provided by the seller at the time of listing. Giftah will verify that the balance of the card is correct at the time of listing. Verification is done as quickly as possible but depends on Giftahs processing abilities. Gift cards that are not verified yet may still be listed on Giftah. Buyers beware though, if the card does not bear the symbol of the "Verified by Giftah" logo Giftah takes no responsibility for the transaction.

Giftah is not responsible for its or another merchants ability or inability to verify a gift card. Any transactions conducted using Giftah's "Verified by Giftah" service are subject to Giftah's fees and commissions as outlined when the card is listed.
Fees may be waived at the discretion of Giftah pending both the buyer and seller contacting Giftah regarding the sale. 

Sellers Responsibilities  

As soon as a purchase of a gift card has occurred the seller is responsible for fulfilling the purchase with the exact card they listed. If that card is unavailable it must be replaced by a "like" card (a card from the same merchant with the equivalent or greater value, and an expiry date ending no sooner then the expiry date listed in the original gift card listing). Giftah is not responsible for any errors made by buyers, sellers on Giftah. Buyers and sellers are responsible for any errors they have made in listing cards or their prices and values or in communications with other buyers and sellers. Gift cards may not be listed with the intent of substituting them with "like" cards, this guideline is in place for exceptional cases only. Giftah reserves the right to constitute what qualifies as a "like" card for substitution in the event of disputes. Giftah's decisions are final.

Shipping, sales tax, and all other shipping related costs are the responsibility of the seller. The seller must promptly ship the gift card within two (2) business days after Giftah notifies them the buyer's payment has been received. Further more, The fulfillment of purchased cards, including but not limited to delivery, shipment, sales taxes and meeting the cards advertised value must be provided by the seller through the national postal service of the country denoted by the cards currency. For example if a gift card is listed in Canadian funds, the card must be shipped by Canada Post. If the card is listed in American funds it must be shipped by the United States Postal Service. Alternative approved shipping partners in both countries include Fedex and UPS.

A listed card will remain of Giftah's website until the listing period ends or the card nears its expiry date. Giftah reserves the right to remove a gift card from the site for any reason at any time at its sole discretion. Reasons for a gift cards removal include but are not limited to a cards expiry date approaching, a gift cards merchant declaring bankruptcy, fraud, inappropriate content. The seller may end the auction at any time prior to the auctions end date, at that point the highest bidder will be notified. If there have been no bids made the auction has no winner and the seller is free to do what they wish with their gift card. Giftah reserves the right to periodically correspond with sellers or traders to confirm a gift cards availability. 

Buyers Responsibilities  

All bids on gift card auctions are legally binding. You are responsible for the full payment of any amount you have bid in the event of winning the auction. Winning the auction is defined as being the high bidder when the auction's time limit ends.
When a buyer makes a winning bid, they are responsible for fully paying for the particular gift card. Payments are processed through PayPal and a buyer may pay through a credit card or debit card (through PayPal instant payments) or use existing funds from their PayPal account.

Sellers Notification 

When an auction comes to an end and a winning bid has been placed, Giftah will notify the seller and buyer of the auction's end via e-mail or telephone. This notification will provide the seller with the buyer's shipping address or other information necessary to complete the transaction. By using this site users are granting permission to Giftah to distribute personal information such as a buyers name and shipping address to the seller. This information is necessary for the seller to complete the transaction. At no times will unnecessary account information be provided to a seller. Information for the winning bidder will only be provided to a seller after the buyer has made payment. Only the winning bidders name and address will be provided to the seller at the end of an auction. When a gift card is shipped the seller must notify Giftah that they have shipped the card. If the card is not shipped within 4 business days of an auctions end Giftah may terminate the auction agreement at its discretion. All decisions are final. Giftah also reserves the right to charge a seller for any costs incurred by Giftah for a canceled auction. These charges may include, but are not limited to transactions fees, commission fees and the cost of replacement gift cards. 

Completion of an Auction 

The buyer will add funds to Giftah via a credit or debit card or via funds from their existing PayPal account. The card's winning bid will be paid to Giftah and the seller will be compensated the winning bids amount, less Giftah's commission fees and transaction costs when confirmation of the gift cards delivery has been received by Giftah. The seller is responsible for any additional transaction costs including, but not limited to, shipping and handling. In the event that a seller fails to deliver a gift card as advertised the full purchase price will be refunded to the buyer and the seller will be responsible for all chargeback and refund fees. The seller will also be responsible for paying Giftah's transaction and commission fees if they fail to deliver a gift card as advertised in their auction. All gift card auctions and sales are considered legally binding and completed when an auction or trade ends and a bid or trade offer has been made.

If a buyer is dissatisfied with the card they have received in a trade or auction they must contact Giftah immediately to begin the dispute resolution process. 

Users Relationship With Giftah 

As a buyer on Giftah's online gift card marketplace you grant Giftah permission to charge account for all the auctions you have won. When you are the highest bidder on an auction at the time it ends it makes you responsible for a payment amount equivalent to your bid amount. Sellers grant Giftah permission to charge their account in the event that a card is not delivered as advertised, fraudulent, misleading, devalued, expired, or obtained through fraudulent or criminal means. Other penalties and fees for misrepresenting a gift card are outlined I the Completion of Auction section of this user agreement. Penalties may include, but are not limited to the cost of a replacement gift card, shipping and handling fees, Giftah's chargeback, processing, and refund fees and any other charges incurred to correct fraudulent activity.

Any content provided by users to Giftah's website becomes the property of Giftah. You grant Giftah non-exclusive, transferable, worldwide, royalty-free, perpetual irrevocable rights to exercise the publicity, trademark, database and copyright rights to the content provided by the user. This extends to all forms of media known now or in the future. You also agree to allow Giftah to use and display your user name, city and other ancillary information (for example your user feedback, number of transaction, time you have been a member, cards you have listed and cards you have bid on) in connection with the content found on Giftah and any of Giftah's promotion, marketing and publicity activities in any media known now or in the future. Giftah may use comments, information and ideas contained in any content that you have submitted to Giftah or Giftah's User Voice user feedback site. 

Users Responsibilities 

Users agree that heir use and activities on this site will full comply with this user agreement, site policies, and all applicable laws, rules and regulations related to the sale or transfer of gift cards within the users respective country. If no such laws exist users must abide by the rules, laws and regulations set forth by the United States of America governing the sale or transfer of gift cards.

Information provided by users to Giftah must be legally accurate. Users will not impersonate any other individuals(s) while using this website. All credit cards and PayPal accounts provided must be valid and issued in your name for which you are authorized to incur charges on Giftah's website. For all cards listings, descriptions, serial numbers you list or sell you warrant your description of the cards listings, description and all other information provided is accurate. If the information provided is inaccurate Giftah reserves the right to cancel the auction and hold you liable for the penalties outlined in this user agreement.

Users may not post, list, provide or transmit to the site or to Giftah's or other users e-mails that contain false or misleading information, or are defamatory, abusive, threatening, harassing, libelous, pornographic, obscene, or otherwise objectionable or offensive (in our judgment), or any information that violates the laws of the United States of America of Canada. You will not upload or attempt to upload any data that contains installs, viruses, worms, bugs, code files, Trojan horses, downloads or any other software that could affect the operation of the site.
The sale of stolen property on Giftah is prohibited by both this user agreement and the laws of the United States of America and Canada. Giftah will support all law enforcement activities and efforts to recover stolen property that has been listed on Giftah's website.
You must respect the confidentiality of other user's information. You will not collect information about other Giftah users for any purpose, this includes but is not limited to names, e-mail addresses and mailing addresses without their express consent.

The names and mailing addresses of buyers are provided to sellers for the sole purpose of shipping a specific purchased or traded gift card. The seller may not use or disclosed by the seller or trader for any other purpose. Sellers may not include any additional material that is not approved by Giftah when shipping a gift card to a buyer. Solicitations and marketing material is strictly prohibited.

The contents of this website unless otherwise noted belong to Giftah. Unauthorized modifications, copies or distribution of this sites content, including but not limited to, Giftah's copyrights and trademarks without Giftah's permission is strictly prohibited.
You agree that you are responsible for your actions in connection with this site. Giftah is not responsible for any claims made against you stemming from use of the Giftah site or any of its services. You agree to indemnify and hold Giftah and all related companies, executives, and employees harmless from any claims or demands. Users are responsible for all attorney's fees and costs that arise out of your breach of this user agreement, violation of laws, or any of your activities in connection with this site. 

User Co-operation 

If Giftah initiates an investigation into activates conducted on or related to this site, users agree to fully cooperate with the investigation. Complaints and violations of Giftah's policies or user agreement will be investigated. Users must promptly provide all requested information, including but not limited to, information regarding a gift cards acquisition, price, balance, and the source of a card.

Giftah may take any action it deems appropriate in the event of a violation of Giftahs policies or agreements or in the event of disputes and complaints. Giftah may issues limitations, warnings, suspensions, or terminate the service and deny access to any user at any time. Giftah is not required to inform you of any such action or the reason for terminations or suspensions. Your account will be terminated if you violate this agreement, do not cooperate with Giftah's investigations, are unable to authenticate information, or if Giftah has reason to believe you activates are disruptive to this site. Payments owing to you for activities conducted on the site can be delayed or suspended pending investigation. Payment will not be made if an investigation reveals that unlawful activity or activity that violates this agreement has occurred.

You agree to report any activity they suspect may violate and law or regulation to the appropriate law enforcement officials. Giftah should also be informed of any suspicious or illegal activity as well as any activity that violates this user agreement.

You agree to authorize Giftah to withhold any payments or charges to your debut or credit card any amount you owe Giftah. If a sale is canceled, you owe Giftah any fees, you are unable to provide a "like" card in the event of a dispute or Giftah reasonably believes you have violated the terms of this agreement or committed an illegal or fraudulent act during or after any buying, selling or trading activity. Giftah reserves the right to deduct from any amount we owe you if you owe Giftah any commission, transaction, refund, or chargeback fees. 

Disclaimer and Limitation of Liability 

Giftah reserves the right at any time to discontinue, temporarily or permanently, this site or any part of this site. Giftah reserves the right to modify or discontinue this site at any time without any warning. Giftah does not guarantee uninterrupted service and is not responsible for any hardships you suffer when the site is down. You agree that we are not liable to you or anyone else for any suspension, discontinuance, or modification to this site or any other site maintained by Giftah. Numerous factors outside of our control may interfere with the operation of this site you agree that we do not take responsibility for any of them.

Giftah is not involved in the transactions among buyers and sellers. Giftah only provides a venue for the exchange of gift cards. The fulfillment of gift card auctions is the responsibility of the seller or trader. The seller or trader is responsible for the fulfillment of auctioned gift cards as outlined by this agreement. If you have a dispute with any other user on this site you release Giftah, its executives, and all of its employees from claims, damages and demands (actual and consequential) of every kind and nature, known, unknown, suspected, unexpected, disclosed and undisclosed arising out of such dispute.

The use of this site is at your sole risk. Giftah presents this site 'as is' and disclaim all warranties in connection with this site. We assume no responsibility or liability for any inaccuracies or errors of this sties content, a users failure to comply with this user agreement, unauthorized use of this site, interruption or cessation of the transmission of this site, any software transmitted by third parties. 

Taxes 

You agree that Giftah is in no way responsible for the suitability or the accuracy of any payment of taxes on your behalf. You shall indemnify and hold Giftah harmless against all liabilities, costs, expenses, and interest incurred by Giftah that arise out of any governmental claim involving or related to any federal, state, provincial, sales, goods and services, or municipal tax obligation or amounts due or owing under any tax law or regulation. 

U.S. Export Controls 

Any and all software available on this site is subject to U.S. export controls. Absolutely no software may be downloaded from this site or otherwise exported or re-exported in violation of U.S. export laws.

Contact Us

If you have any questions or comments about this user agreement, contact us at [email protected]