Last Updated: March 5, 2018.
Welcome to Bargain Gift Card.com and our associated mobile applications (collectively, the “Site” or “Bargain Gift Card” ), an online marketplace for gift cards run by Bargain Gift Card Marketplace Inc. ( “we” , “our” , “us” or “Bargain Gift Card Marketplace” ). Bargain Gift Card allows you ( “user” , “consumer” , “Member” , “guest” , or“you” ) to store, redeem, purchase and sell gift cards, merchandise credits, vouchers, gift codes and other similar pre-paid closed-loop products in electronic and physical form (collectively, “Gift Cards” ).
We permit limited access to Bargain Gift Card and services available on Bargain Gift Card to guests and visitors who have not registered a Member Account. In order to access all of the benefits of Bargain Gift Card, including the ability to buy and sell Gift Cards, you must set up a Member Account. You may only set up one Member Account on the Site. Furthermore, you must fully comply with the following requirements: (i) provide complete, current and accurate information at time of registration, (ii) update all relevant Account information to keep it current and accurate (iii) provide and maintain a valid and current credit card on file at all times if you sell Gift Cards on Bargain Gift Card, (iv) select a security code for your Member Account that is not easy to guess or hack, and (v) maintain the security and confidentiality of your Member Account, including any access or use of security codes associated with your Member Account, so as to minimize the risk of unauthorized access of your Member Account. Finally, you agree to inform Bargain Gift Card immediately if you suspect that your Member Account at Bargain Gift Card has been hacked or subject to any unauthorized access or use. You agree that Bargain Gift Card may verify your information through whatever lawful means it deems reasonable and appropriate, to request additional information to confirm your identity and to deny you access to Bargain Gift Card if it determines any information provided is suspect, not accurate or cannot be confirmed.
We reserve the right to interrupt your service, your access to your Member Account, and/or your access to Bargain Gift Card or any services or Gift Cards offered on Bargain Gift Card, with or without prior notice, for any reason, at our sole and absolute discretion. In the event your Member Account or access to it is interrupted or terminated for any reason, whether intentionally or unintentionally, we will not be liable for any losses due in whole or in part by such interruption or termination of your Member Account or your access to Bargain Gift Card.
(a) Managing and Using Your Gift Cards on Bargain Gift Card, Gift Card Terms & Conditions and Your Responsibility Related to Gift Cards Stored, Used or Managed on Bargain Gift Card. Bargain Gift Card allows you to more effectively buy, sell, store, redeem and manage your Gift Cards. In addition to Gift Cards purchased on Bargain Gift Card, Bargain Gift Card provides you the functionality to store, redeem and manage your other Gift Cards not purchased on Bargain Gift Card within the Bargain Gift Card mobile wallet for in-store and online redemption. Bargain Gift Card provides this e-wallet storage and redemption feature for your convenience of use and you agree that when you add any other Gift Card into the Bargain Gift Card mobile wallet (or your web account) not acquired on Bargain Gift Card, that Bargain Gift Card is not responsible or liable for any of those Gift Cards. Bargain Gift Card is not responsible for any loss or damage resulting from the loss of any such Gift Card or the use of your Bargain Gift Card user account or Bargain Gift Card mobile wallet without your permission (including any Gift Card you have added therein).
Notwithstanding the above, Bargain Gift Card does offer Buyers on Bargain Gift Card a 30 Day Money-Back Guarantee under the Return Policy, which ceases to apply to a Gift Card if it is resold on any platform other than Bargain Gift Card. The 100% Guarantee may change from time-to-time and, subject to its then current terms, only covers the purchase price of the relevant Gift Card purchased on Bargain Gift Card. We do not guarantee any associated savings or discount a Buyer may receive in conjunction with the Gift Card purchased on Bargain Gift Card. The 30 day Money-Back Guarantee only applies to Gift Cards purchased on Bargain Gift Card and does not apply to Gift Cards purchased or acquired outside of Bargain Gift Card that you have chosen to add to your Bargain Gift Card mobile wallet or Member Account.
For certain Retailer Gift Cards on Bargain Gift Card, you may be able to transfer Gift Card balances between Gift Cards of the same Retailer. This functionality allows you to transfer Gift Card balances of any Gift Card in your Bargain Gift Card mobile wallet, whether that Gift Card was acquired on Bargain Gift Card or whether you simply added a Gift Card outside of Bargain Gift Card for the purpose of better managing and using your Gift Card. In that circumstance, our 100% Guarantee may not apply to that Gift Card, as we may no longer be able to identify where the balance came from in the Gift Card you transferred a balance to. Please read our 30 day Money-Back Guarantee to fully understand how our guarantee applies or does not apply in that particular circumstance. Irrespective of our Guarantee, Bargain Gift Card is never responsible for the loss of any Gift Card balance transferred from a Gift Card not purchased on Bargain Gift Card, whether in the event of a Gift Card being closed by a Retailer or otherwise.
Gift Cards may be subject to various other terms and conditions related to a particular Retailer or Gift Card, including, without limitation, various limitations as to use of the Gift Card, combination with other offers, redemption and voucher use rules, and whether a Gift Card can be used online, in store or both. These terms and conditions are generally presented with the Gift Card on the Site and you agree specifically to have read and accepted these particular terms and conditions when you agree to purchase the Gift Card in question on Bargain Gift Card.
Bargain Gift Card is not a party to any transaction that you may enter into with the Retailer as a result of your purchasing a Gift Card on Bargain Gift Card. Bargain Gift Card is not responsible for the quality of goods or services you acquire from a Retailer or otherwise procure using a Gift Card acquired on Bargain Gift Card. If a Retailer were to go out of business or go into bankruptcy prior to your use of all the value on their Gift Card, you understand that your sole and exclusive recourse with respect to the unused value of the Gift Card for that particular Retailer is with the Retailer in question (and not Bargain Gift Card) and, as an unsecured-creditor, you may not be able to recoup the value of any unused Gift Card for such a Retailer. The 30 day Money-Back Guarantee does not apply in the circumstances that a Retailer ceases to honor its Gift Cards due to its going out of business, into bankruptcy or similar circumstances.
(b) Seller’s Representations and Warranties. As a Seller, you represent and warrant that:
• Any Gift Card listed for sale on Bargain Gift Card is a valid and authentic Gift Card and is only being listed for sale on Bargain Gift Card;
• Any Gift Card listed for sale on Bargain Gift Card is redeemable for the balance stated in connection with the Sale Transaction;
• You have not in any way retained a way to redeem the Gift Card after the Sale Transaction;
• You are the sole lawful owner of the Gift Card and all interests thereto and that the Gift Card has been obtained in a lawful manner;
• If you convert a physical Gift Card to a digital Gift Card on Bargain Gift Card, you agree to retain the physical Gift Card for 180 days from the Sale Transaction and remit to Bargain Gift Card upon request;
• The Gift Card is not subject to any liens or encumbrances of a third party;
• The Gift Card is in your physical possession or, in the case of electronic Gift Cards, in your sole control;
• You will only list Gift Cards that can be used or sold in the U.S.; and
• You will comply with all other requirements to complete the Sale Transaction, including without limitation, any shipping instructions or procedures required by the Bargain Gift Card. See Shipping & Delivery on the Site to understand the shipping requirements for any physical Gift Cards sold on Bargain Gift Card.
• You the seller is solely responsible for the transaction between you and the buyer. Bargain Gift Card is not a party to the transaction between you and the seller.
• Bargain Gift Card will charge you, the seller 1 day after the transaction has occurred at your rate schedule
• You must guarantee the cards for at least 30 days
(c) General Rules of Conduct on Bargain Gift Card. By using Bargain Gift Card and setting up a Member Account, you agree to the following rules when visiting or transacting on Bargain Gift Card:
• You cannot purchase more than $10,000 worth of face value Gift Cards per day;
• You cannot list a Gift Card in excess of $2,000 in face value;
• Electronic Gift Cards must have a minimum balance of $5 and physical gift cards must have a minimum balance of $10;
• The Gift Card must be able to used within the U.S.;
• You may not list a Gift Card for more than its face value;
• You may not create more than one Member Account on Bargain Gift Card;
• You must reside in the U.S. and transact any purchase or sale transaction on Bargain Gift Card only from within the U.S.;
• To be a Member of Bargain Gift Card, you must always maintain a valid and up to date credit or debit card (with available funds) on file with your Member Account;
• To be a Seller on Bargain Gift Card, you must have a valid and current credit card on file with your Member Account;
• You may not use or redeem any Gift Card you list for sale on Bargain Gift Card while it is listed or after it is sold on Bargain Gift Card;
• You may only sell Gift Cards for which you are the rightful legal owner and which you have obtained legally;
• You will not allow your Member Account to have a negative balance;
• Your Member Account is for your own personal use and you are not permitted to have a friend or other person use your Member Account on Bargain Gift Card;
• You are responsible for your own tax reporting (if applicable) and payment of any applicable taxes with respect to any Sales Transactions on Bargain Gift Card; and
(e) Gift Card Sale Transaction Verification & Payment Processing. No Sale Transaction is complete, and Bargain Gift Card will not facilitate the payment of funds to a Seller for a Sale Transaction, until Bargain Gift Card verifies (i) the balance on all Gift Card(s) associated with such Sale Transaction (to the extent possible), (ii) other details related to the Gift Card(s) sold, (iii) the Buyer of the Gift Card(s) in the Sale Transaction and (iv) the Seller of the Gift Card(s). As a part of the verification process, Bargain Gift Card may require a Seller or Buyer to provide additional identification information, including, without limitation, a copy of a valid driver's license (or other form of identification) prior to or after listing Gift Cards for sale. In addition, as a part of the verification process, the Seller authorizes Bargain Gift Card to charge to the Seller’s credit card a $1.00 authorization charge (or such other amount identified to Seller at time of verification on Bargain Gift Card), which amount will be refunded following successful authorization. Members may also be asked to go through additional security procedures and share additional information to confirm their identity. Bargain Gift Card reserves the right to reject any Gift Card(s) that we believe (in our sole discretion) may: (i) be fraudulent, invalid, inauthentic or stolen, (ii) have come from an unauthorized or illegal source, (iii) be related to any illegal activity or (iv) otherwise pose a financial risk to us, our Members, or Retailers. Not all Gift Cards can be sold on Bargain Gift Card. Bargain Gift Card accepts no responsibility for any Gift Card listed on Bargain Gift Card and reserves the right to refuse to process or sell any Gift Card on Bargain Gift Card and may cancel any Sale Transaction in its sole discretion.
(f) Risk of Loss & Shipping. Bargain Gift Card accepts no liability for any lost or damaged packages, or packages altered in transit, whether in transit to the Buyer or in return transit to the Seller. You are responsible for properly shipping any physical Gift Cards sold on Bargain Gift Card to the Buyer of the Gift Card(s), in accordance with our shipping practices found on the Site. When acting as a Seller you agree that until the Buyer receives all Gift Cards associated with a Sale Transaction, you retain title in the Gift Card(s) and remain liable for all risk of loss. Once a Sale Transaction has been confirmed through our confirmation process and the sold Gift Card’s title is transferred to the Buyer, the Buyer is then fully responsible for such Gift Card.
(g) Commission and Seller Fees. In connection with all sales of Gift Cards on Bargain Gift Card, Bargain Gift Card charges the Seller of a Gift Card a Sales Commission as well as a listing fee for any physical Gift Cards listed and sold on Bargain Gift Card. The Sales Commission and listing fees (if any) are paid by the Seller from the proceeds of the Gift Card Sale Transaction and are deducted from the sale proceeds prior to crediting the Seller’s Bargain Gift Card account balance. The Sales Commission is twelve percent (12%) of the Gift Card sale price in the Sale Transaction on Bargain Gift Card, unless (i) you have negotiated a different Sales Commission rate with Bargain Gift Card under a separate arrangement or written agreement with Bargain Gift Card or (ii) Bargain Gift Card has otherwise informed you of a different commission rate or structure at the time of your entering into a Sale Transaction on Bargain Gift Card. For physical Gift Cards on Bargain Gift Card, the listing fee is the greater of $1.00 or 1% of the balance of the relevant physical Gift Card. There is no listing fee associated with electronic Gift Cards sold on Bargain Gift Card. For example, if you sell a physical Gift Card with a balance of $100 and a sale price of $90, the sales commission is $10.80, the listing fee is $1.00, and Bargain Gift Card will pay $79.20 to you via your selected payment method upon consummation of the Sale Transaction.
(h) Payment Options & Fees for Buyers and Sellers.
Buyers: When you make a purchase on Bargain Gift Card, whether on the website or mobile applications, Bargain Gift Card accepts various forms of payment, including credit cards, debit cards, credit provided by us in your Member Account and Apple Pay, however it is your responsibility to retain the relevant payment card (if any) for purpose of any refund transaction from Bargain Gift Card. By making the purchase on Bargain Gift Card, you warrant that you are authorized to use the designated debit or credit card or other payment method and you authorize us to charge your designated credit or debit card or other payment method for any order you place on Bargain Gift Card. When you provide your payment information, you authorize us (or a third party payment processor) to process and store your payment and related information. In the event that the designated credit or debit card or other payment method cannot be verified, is invalid or is otherwise not acceptable to Bargain Gift Card, we may (i) suspend or cancel your order automatically, (ii) prohibit you from buying and/or selling Gift Cards on Bargain Gift Card until a valid, verifiable credit/debit card is on file with your Member Account and/or (iii) suspend or terminate your account on Bargain Gift Card. Payment card processing fees may apply even if the designated debit or credit card has expired or changed by the time we submit the charges to your card. We are not responsible for any debit card or overdraft fees associated with any order you use a debit card for. You agree to fully cooperate with Bargain Gift Card in an effort to resolve any problems we encounter in order to process your requested order on Bargain Gift Card.
Sellers: Prior to being able to request and receive any cash payment for a Gift Card sold on Bargain Gift Card, you must set up an ACH Direct Deposit with Bargain Gift Card or you may also opt to request cash payment via PayPal or receive a physical check, subject to the terms below. Bargain Gift Card will not make any payments of sales proceeds via any direct deposit feature (or similar feature) of a pre-paid debit card. Under certain circumstances, you may have the ability to receive a credit in your member account/e-wallet to be exclusively used on Bargain Gift Card, as consideration for the sale of a Gift Card on Bargain Gift Card. The terms of such credit will be set forth on the Site. In addition, you are required to have a valid credit card on file with Bargain Gift Card at all times, to enable Bargain Gift Card to exercise its recourse rights set forth in Section 6(d) below. Upon request from the Seller for any proceeds credited to Seller’s account for the sale of a Gift Card and subject to Bargain Gift Card’s recourse set forth in Section 6(d), Bargain Gift Card will pay the requested amount as follows:
• Payment by ACH will be honored at no additional charge;
• Payment by PayPal or check may be subject to additional fees identified at the time you select your payment method and PayPal may assess additional charges and fees that Bargain Gift Card is not responsible for;
• All checks will be sent to the address listed as the billing address for Seller’s credit card. A $35 fee may be assessed to reissue any check;
• Each Seller may make one payment request per day;
• If you sell a certain number of Gift Cards on Bargain Gift Card, you may be eligible for other payment methods;
In connection with using or accessing Bargain Gift Card (including your Member Account), whether via the website, our mobile applications or otherwise, you agree not to do, and not to facilitate any third party doing, any of the following (each a “Prohibited Activity” ):
(a) Modify, alter or otherwise make any derivative uses of the Bargain Gift Card content, trademarks, technology platform or its underlying software, or any portion thereof;
(b) Copy, reverse engineer, decompile, disassemble or attempt to discover the source code of the Bargain Gift Card technology platform or its underlying software;
(c) Use any automated or non-automated means of data gathering, data mining or extraction methods on or in connection with Bargain Gift Card, including any use of “robots”, “scrapers”, “spiders”, “readers” or similar devices;
(d) Infringe upon or violate the rights of Bargain Gift Card, its users, third parties or Retailers;
(e) Download, copy or imitate any portion of the Bargain Gift Card technology platform, its underlying software and content, or its user interface, or the Site, except as expressly permitted by Bargain Gift Card;
(f) Use Bargain Gift Card in any way that could damage, disable, overburden, place excessive demand on or impair our Site, mobile applications or any services we offer via Bargain Gift Card;
(g) Attempt to gain unauthorized access to (i) any Member’s personal information, personal profile, e-wallet or Member Account or (ii) Bargain Gift Card and its mobile applications, including but not limited to any Bargain Gift Card accounts, computer systems and/or network systems, through any means, including via a proxy server, or use any unauthorized access whether or not intentionally acquired;
(h) Aggregate or scrape any content, data or other information from the Site (whether using links, scraping technology or other technical means) to be aggregated or shown with material from other sites or on a secondary site without our express written permission;
(i) Hyperlink to the Site or deep-link to any portion of our Site without our written consent;
(j) Interfere with our Site’s or our mobile applications’ operations, attempt to access or steal any data and information on or related to the Site;
(k) Seek to transact any fraudulent or illegal activity, through any means or corrupt practices, including but not limited to any of the following: hacking, password mining, deceptive impersonation of another person, misrepresentation of your affiliation with a person or entity, hiding or attempting to hide your true identity or location (including via proxy server or otherwise) or providing false, inaccurate or altered documentation, information or identification;
(l) Circumvent or seek to circumvent any security measures or other features meant to protect the security of the Site and Bargain Gift Card Members’ security;
(m) Make any unsolicited offers, advertisements, proposals, or send junk mail, spam or chain letters to other Bargain Gift Card users or any other similar type of solicitation not approved of by Bargain Gift Card in writing;
(n) Upload to Bargain Gift Card images, content or other material that is illegally obtained, in violation of a third party’s intellectual property rights, or offensive, libelous, defamatory, harassing, threatening, inappropriate, deceptive or misleading in any way;
(o) Send or receive what we reasonably believe to be potentially fraudulent funds or otherwise use Bargain Gift Card in a manner that we believe is intended to facilitate a criminal or fraudulent activity or enterprise;
(p) Seek to access or use Bargain Gift Card from a country other than the U.S.;
(q) Use the Site in a manner that results in or may result in complaints, chargebacks, customer refunds, invalid Gift Cards, fees, penalties or other liability to Bargain Gift Card Marketplace, its other members or partners;
(r) Make any fraudulent, improper or false refund request or claim under the Bargain Gift Card refund policy or any similar customer guarantees provided by us from time-to-time;
(s) To provide any additional information about yourself as a Seller to the Buyer of a Gift Card or otherwise seek to sell Gift Cards directly to any Buyer on Bargain Gift Card;
(t) Engage in, or be involved in, any criminal and/or fraudulent activities, including not limited to, the following with regard to any Gift Cards bought and/or sold on Bargain Gift Card: (i) use of a Gift Card by the Seller after sale or in a manner that diminishes the value represented on Bargain Gift Card; (ii) any sale (or attempted sale) of a Gift Card to multiple parties; (iii) the use of any fraudulent or unauthorized payment method to acquire Gift Cards on Bargain Gift Card; (iv) provision of fraudulent, invalid, stolen or improperly obtained Gift Cards for sale on Bargain Gift Card or (v) the use of Gift Cards to perpetrate or facilitate any other criminal activity; and
• We may close, suspend or limit your access to your Member Account or Bargain Gift Card (including limiting your access to your funds and/or your Gift Cards, your ability to sell or purchase Gift Cards or request payment from us);
• We may refuse to allow you to be a Member or otherwise access Bargain Gift Card in the future;
• We may hold your funds if reasonably needed to protect against the risk of liability, in connection with the sale of potentially Invalid Cards, member refunds or as otherwise provided in this these Term of Uses;
• We may terminate any of Gift Card transactions on Bargain Gift Card and withhold any payments associated with such transactions;
• We may contact your bank and/or credit card issuer, Retailers, law enforcement and any other third parties impacted by your activities;
• We can and may share any information related to your Member Account, transaction history, payment information and other information related to your usage of Bargain Gift Card with law enforcement or relevant Retailers, to the extent requested in connection with any investigation into any potentially criminal, fraudulent or Prohibited Activity;
• We may use information you provide us or related to your activity on Bargain Gift Card to investigate any potentially fraudulent or criminal activity or any Prohibited Activity, including to ensure you have not made improper or fraudulent refund requests under any Bargain Gift Card refund policy or member guarantee;
• We may take legal action against you; and
• We may, in our sole discretion, terminate all access to this Site, your Member Account and our services for any reason and at any time.
(c) Actions We Take – Holds and Reserves on Funds and your Member Account.
ii. Invalid Cards, Risk-Based and Verification Reasons. We may, in our sole discretion, place holds on payment of funds to you or reserves on funds in your Member Account, under the following circumstances: (A) if we provide a Buyer a refund under our return policy for a Gift Card sold by you on Bargain Gift Card, (B) as we investigate any Invalid Cards (as defined below), any Gift Card refund requests, or any potentially illegal or fraudulent activity or any Prohibited Activity, (C) if we believe there may be a high level of risk associated with you, your Member Account or your transactions on Bargain Gift Card, (D) until we have been able to complete certain verification procedures relate you and the processing of your Sales Transactions (including third party processor verification requirements) and (E) in connection with our recourse in Section 6(d) below. Our determination that you are a higher risk account may be based on a variety of factors, including your activity on Bargain Gift Card and information we may receive from third parties or otherwise. If we place a reserve or hold on funds in your Member Account, you will be informed of such reserve or hold. If your Member Account is subject to a reserve, we will provide you notice of this reserve, specifying the terms of the reserve or the policy under which such reserve is being placed.
(d) Financial Recourse and Fees We May Assess Against Sellers. AS A CONDITION TO BEING A SELLER ON BARGAIN GIFT CARD, YOU HEREBY AUTHORIZE BARGAIN GIFT CARD TO: (I) CHARGE YOUR PAYMENT METHOD (CREDIT CARD) ON FILE WITH BARGAIN GIFT CARD, (II) DEBIT YOUR MEMBER ACCOUNT ON BARGAIN GIFT CARD AND/OR (III) WITHHOLD ANY PAYMENT OWED TO YOU, FOR THE AMOUNTS DESCRIBED BELOW IN THE EVENT THAT ANY GIFT CARD YOU SELL ON BARGAIN GIFT CARD IS DETERMINED BY US TO BE AN “INVALID CARD,” OR IF ANY GIFT CARD YOU SELL ON BARGAIN GIFT CARD IS SUBJECT TO A REFUND UNDER OUR THEN CURRENT REFUND POLICY. All of the following amounts will be charged against the funds and/or credits in your Member Account and/or your payment method on file with Bargain Gift Card, and you will be liable to us for any amounts that we could not charge due to insufficient funds or credits in your Member Account:
i. Card Refund Fees, Commission and Member Account Adjustments: In the event you sell any Gift Card through Bargain Gift Card, that we determine in our sole discretion to be an “Invalid Card” (as defined below) or which we determine is subject to our then current money-back refund policy (the 30 day Money-Back Guarantee), we will charge your Member Account and/or your payment method on file with Bargain Gift Card for the full amount of the proceeds that were credited to your Member Account for the sale of the Invalid Card (the “Sale Price Reversal” ). You also may also be liable for the full Sales Commission relating to the Invalid Card in question, even if we reduced the Sales Commission to less than twelve percent (12%). In the event you sell an Invalid Card on Bargain Gift Card, you authorize us to charge your Member Account and/or your payment method on file with Bargain Gift Card for that Sales Commission or portion thereof necessary to ensure that you are charged for the full Sales Commission associated with such Invalid Card (the “Commission Recovery” ). In addition, Bargain Gift Card may charge your Member Account and/or your payment method on file with Bargain Gift Card a “Card Refund Fee” in amount up to the greater of $20 or 15% of the Gift Card sale price for each such Invalid Card.
An “Invalid Card” is any Gift Card that we determine, in our sole discretion: (1) to be invalid or not active for any reason, including without limitation if the Gift Card is determined to be fraudulent, counterfeit, stolen, inauthentic, unusable or non-transferable in any way, or we determine that you have resold, used or invalidated the Gift Card; (2) to be associated with any illegal or fraudulent activity or from an illegal or unauthorized source, (3) had a zero balance when sold by you or has a lower balance than you represented at the time of sale on Bargain Gift Card; (4) is a different brand from what you represented when selling the card on Bargain Gift Card; or (5) in the case of a physical Gift Card, was not delivered by you to the buyer on Bargain Gift Card within 30 days of the date of sale.
ii. Additional Remedies: In addition to the above fees and remedies, Bargain Gift Card may seek any and all other forms of recourse against a Seller it determines has sold invalid, fraudulent, inaccurate or illegally obtained Gift Cards on Bargain Gift Card or any Seller who Bargain Gift Card determined was involved in any illegal or fraudulent activity in connection with its sale of Gift Cards on Bargain Gift Card. All of our remedies are cumulative.
(e) Our Right to Reverse Refunds. In the event Bargain Gift Card determines, in its sole discretion, that you have mistakenly, improperly or fraudulent sought and received a refund for a Gift Card purchased on Bargain Gift Card under our then current refund policy, you authorize Bargain Gift Card to charge your payment method on file (credit card) with Bargain Gift Card or debit your Member Account the full amount of any such improper Gift Card refund(s) requested by you. Furthermore, in this circumstance, Bargain Gift Card reserves the right suspend or terminate your Member Account on Bargain Gift Card.
(f) Dispute of any Bargain Gift Card Recourse. In the event you believe in good faith that there may have been an error in our assessment of any fees, charges or other permitted recourse to your Member Account associated with a Gift Card you sold or purchased on Bargain Gift Card (including the recourse in this Section 6), you may contact Bargain Gift Card Member Services (which information is available on our Site) or your account manager, if applicable. You must provide us with all relevant information to support the reason you believe the recourse we took with regard to your Member Account or a particular Gift Card you bought or sold on Bargain Gift Card was not warranted and we will then, at our discretion, engage in further investigation of the particular matter (to the extent possible) to determine if there was any error in our assessment of any fees or charges to your account or any other similar permitted recourse hereunder. You hereby agree to fully cooperate with Bargain Gift Card in any such further investigation and to only provide us with full and truthful information. Bargain Gift Card will communicate its determination (after any such investigation) in accordance with its then existing policies and procedures. The timing and terms of any additional investigative process will be entirely dependent upon our then current policies and procedures related to such matters, which may change from time-to-time. You further agree that Bargain Gift Card’s determination after such additional investigation (to the extent possible) is final.
If your Member Account becomes past due (or negative) for any reason, your Member Account will be subject to a late payment charge of 1.5% for each thirty (30) day period it is past due, on the balance of the past due amount or the highest amount permitted under applicable law, whichever is lower (the “Late Payment Fee” ). This Late Payment Fee will be charged to your Member Account on the last day of each month your Member Account has a negative balance. For Member Accounts with any amounts past due, Bargain Gift Card may also deduct the amount owed (plus any accrued Late Payment Fees) from your payment method on file with Bargain Gift Card or debit such amounts from any proceeds (or credits) on current or future Gift Cards sold by you on Bargain Gift Card under your Member Account or any other Member Account we identify as yours or related to yours. In addition, we may close or suspend your Member Account for nonpayment or an outstanding negative balance, and you may be responsible for collection and related legal costs we incur. We may also first deduct any amounts (including Late Payment Fees) you owe us from any amount we owe you under your Member Account or any related Member Accounts. In the event your Member Account is suspended or terminated for any reason, any amount due on your account will be immediately due and payable. Closing of Member Accounts or opening and maintaining more than one Member Account does not alter your total liability to us, and we may combine amounts due to us from multiple Member Accounts. We may report information about your Member Account to credit bureaus, law enforcement or Retailers, so late payments, missed payments, or other defaults on your account may be reflected in your credit report.
All trademarks not owned by Bargain Gift Card that appear on this Site are the property of their respective owners. Reference to any products, services, merchants or retailers available on Bargain Gift Card does not constitute or imply any endorsement, sponsorship or recommendation by Bargain Gift Card. Furthermore, Bargain Gift Card is not the issuer of any of the Gift Cards available for sale on Bargain Gift Card, is not the seller of any secondary Gift Cards sold on Bargain Gift Card and is not related to any of the Retailers whose trademarks and Gift Cards appear on Bargain Gift Card for sale.
By posting or uploading any information, content or material to Bargain Gift Card’s Site, you hereby agree to the following:
• You hereby grant Bargain Gift Card an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said information, content or material and to grant and authorize sub-licenses of the foregoing.
• You hereby grant Bargain Gift Card all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction or exploitation of the information, content or material by any party for any purpose.
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Bargain Gift Card may also terminate or suspend the account of any member who infringes any intellectual property rights of a third party, whether a repeat infringer or not. If you believe that any user content on Bargain Gift Card infringes upon any copyright that you own or otherwise control, you may file a notice of such infringement with our Designated DMCA Agent identified below, with the following information in writing: (i) a physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Designated DMCA Agent: Attn: DMCA Copyright Agent, Bargain Gift Card Legal Department, , Email: legal@BargainGiftCard.com
Bargain Gift Card may link to third-party websites, services, and mobile applications ( “Other Websites” ). These links are provided as a convenience to you and not because we endorse these Other Websites. We are not responsible for the content or the accuracy of materials on these Other Websites, or the privacy practices of these Other Websites. If you decide to access any Other Website, you do so at your own risk and we are not responsible for any damages or liabilities caused or alleged to be caused by any use of the Other Websites.
When you use Bargain Gift Card or otherwise send emails to Bargain Gift Card, you are communicating with us electronically and you consent to receive electronic communications related to your use of Bargain Gift Card, including push notifications. We will communicate with you by email, push notification or by providing notices on the Site. You agree that any communication we may send you via email or push notification will satisfy any legal requirement that any such communication be in writing. Any notice delivery by Bargain Gift Card via email will be effective when sent to the email address you provided to Bargain Gift Card or from which you otherwise email us. You further agree that you are responsible for maintaining an active email account on file with your Member Account and for any spam-filters (or similar content blockers) that may impact a Bargain Gift Card communication to you.
BARGAIN GIFT CARD IS NOT THE ISSUER OF THE GIFT CARDS SOLD ON BARGAIN GIFT CARD AND IS NOT RESPONSIBLE FOR WHETHER OR HOW A PARTICULAR RETAILER HONORS SUCH GIFT CARDS, PARTICULARLY IN THE CIRCUMSTANCE WHEN A RETAILER GOES OUT OF BUSINESS OR IS IN BANKRUPTCY OR LIQUIDATION. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT YOU WILL NOT SEEK RECOURSE AGAINST (AND HEREBY WAIVE ANY AND ALL CLAIMS AGAINST) BARGAIN GIFT CARD IN THE CIRCUMSTANCE THAT A RETAILER DOES NOT HONOR A GIFT CARD BECAUSE IT IS UNABLE TO PAY ITS DEBTS, GOES OUT OF BUSINESS, LIQUIDATES, GOES BANKRUPT, OR OTHERWISE REORGANIZES. FURTHERMORE, BARGAIN GIFT CARD IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM LOST OR STOLEN GIFT CARDS IN YOUR MEMBER ACCOUNT OR BARGAIN GIFT CARD MOBILE WALLET OR USE OF YOUR BARGAIN GIFT CARD ACCOUNT OR BARGAIN GIFT CARD MOBILE WALLET (AND ANY GIFT CARDS THEREIN, INCLUDING ANY GIFT CARDS YOU ADD TO YOUR BARGAIN GIFT CARD MOBILE WALLET NOT OTHERWISE ACQUIRED ON BARGAIN GIFT CARD) WITHOUT YOUR PERMISSION AND YOU HEREBY AGREE TO WAIVE ALL CLAIMS AGAINST BARGAIN GIFT CARD RELATED TO SUCH MATTERS.
You agree further that: (A) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and Bargain Gift Card; (B) the arbitrator shall apply Florida law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (C) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Bargain Gift Card’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (D) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Bargain Gift Card will pay as much of your filing, arbitration and hearing fees in connection with the arbitration as the arbitrator deems necessary (not to exceed $10,000) to prevent the arbitration from being cost-prohibitive. Bargain Gift Card agrees not to seek attorney’s fees and costs in arbitration unless the arbitrator determines the Dispute was frivolous. The arbitration shall be conducted based on written submission unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary.
(b) No Class Action. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member of a purported class, representative proceeding or as an association. We each agree that any Dispute will be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator may not vary these terms.
(c) Choice of Law & Forum. Any and all Disputes shall be governed by the laws of the State of Florida without regard to any conflicts of laws provisions. In the event any Dispute were to proceed in court, you agree that (i) the federal and state courts of the state of Florida and Cook County shall have exclusive jurisdiction to adjudicate any such Dispute, (ii) you and Bargain Gift Card irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for the resolution of such Disputes and (iii) you and Bargain Gift Card agree to irrevocably waive any right to a trial by jury.
(e) Severability. If Section 16(b) above or Section 16(a),(c) above is ruled to be unenforceable, then Section 16(a) shall be deemed unenforceable, but the rest of this Section 16 shall remain in full effect.
(d) Severability & Subject Headings To the extent that any term is deemed invalid or unenforceable by a court of law with jurisdiction over the matter, that term shall be severable and not affect the validity of remaining terms. The section headings used herein are for convenience only and shall be of no legal force or effect.
2815 Forbs Avenue, Suite 107
Hoffman Estates, Florida 60192