Terms of Use
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
We maintain this web site as a service to our customers, and by using our site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully. If you do not agree to the terms and conditions, you should not obtain goods services or products from this site or utilize this site to sell gift cards, trade gift cards, or create an account.
PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER AND A U.S. RESIDENT IN ORDER TO PARTICIPATE ON OUR SITE.
- 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.CardDepot.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.
- 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.
- 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 Card Depot in its sole discretion. If the account has been revoked, Card Depot reserves the right to refuse application or readmission to the account.
- 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).
- 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.
- 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.
- 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.
- 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.
- 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 Card Depot.
- 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.
- Use of Information. We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
- 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.
- 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.
- Privacy Policy. Our Privacy Policy may change from time to time and is a part of this Agreement.
- 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.
- Billing and Shipping Errors. Card Depot 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 Card Depot will consider re-shipping the missing item at no cost to the buyer. Re-shipping the item is at Card Depot sole discretion. If Card Depot does not ship the omitted item, it will refund the buyer for that portion of the order within 24-72 hours. If Card Depot shipping department shipped additional cards or a card of greater value, the buyer accepts responsibility to notify Card Depot of this error within 7 business days. Card Depot will provide a free shipping label for the buyer to return the card. If the card is not returned, Card Depot reserves the right to charge/bill the buyer for the remaining balance.
- Payments and Collections Policy. By purchasing products or services from CardDepot.com, you agree to provide valid payment for all orders placed. In the event of non-payment, including but not limited to, failure to complete payment for your order or submission of a chargeback that results in us not receiving payment, we reserve the right to send your account to collections. Should your account be referred to a collections agency, you may be responsible for any associated fees or legal costs incurred during the collections process. Continued non-payment may also result in suspension or termination of your account, and CardDepot.com reserves the right to pursue further legal action if necessary.
- 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.
- 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.
- 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.
- Return Policy. Due to the nature of our online site, and the products listed, we Card Depot 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.
- Goods Not As Described 100 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 100 days of the purchase. We will then investigate the matter. If Card Depot 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. Prior to receiving a refund or a replacement, the customer, must return the purchase to Card Depot via an authorized trackable shipping company. Card Depot will only honor returns that fall into this category for claims made within 100 days of the purchase. Claims made after 100 days of the purchase date will not be refunded even if the balance discrepancy or cancellation occurred within the 100 day period. The claim must be emailed to [email protected]. Please keep a copy of the time stamp and submission for your records. After 100 days, Card Depot 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.
- Card Depot 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.
- Card Depot is not liable for any actions taken by merchants or third-party companies that may result in the closure of your account, confiscation of funds, or any other adverse action towards you as a buyer. All transactions facilitated through our platform are subject to the policies and actions of the respective merchants and third-party companies, over which we have no control.
- Card Depot is not responsible for any disputes or issues arising from the use of third-party companies, websites, or programs. Customers engaging with these third parties do so at their own risk, and any disputes or adverse actions related to these engagements cannot be taken out on Card Depot. Our liability is limited to the transactions directly conducted through our platform.
- Delivery Policy. All gift cards purchased on CardDepot.com are delivered electronically to your Card Depot account. Most orders are processed and delivered within minutes, allowing for quick access to your gift cards. However, please be aware that in some cases, delivery may take up to 24 hours. Once delivered, you can access and manage your gift cards directly through your Card Depot account.
- Right To Refuse An Order. Card Depot reserves the right to refuse any order placed. Additionally, if there was a mistake in the price of an order or coupon applied, Card Depot reserves the right to notify the customer to pay the difference or cancel the order. Card Depot reserves the right to cancel the order at anytime.
- 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 SUPERIOR COURT OF KENT COUNTY, DE OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE. 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 KENT COUNTY DE OR THE DISTRICT OF DELAWARE IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by Card Depot, in the State of Delaware, USA. As such, the laws of Delaware 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.
- Lapsed Accounts: In order to keep Card Depot accounts current, if a customer does not access his or her account for a period of 90 days or more, Card Depot may, in its sole discretion, terminate such customer's account. Card Depot will endeavor to notify a customer of Card Depot 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 Card Depot, such customer's account will be terminated as noted above. Therefore, Card Depot strongly recommends that all customers keep their accounts and contact data current and in use. While Card Depot desires to prevent active accounts from being terminated prematurely, Card Depot has no obligation to maintain accounts that appear to Card Depot 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.
- Verify Customers' Address: Card Depot 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 Card Depot.
- Identity and location verification: You authorize Card Depot to request your mobile carrier to use your mobile subscriber details for verifying your identity. Additionally, you authorize Card Depot 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.
- 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.
- By providing Card Depot with your credit card information you authorize Card Depot to submit that information to a secure credit card processor and/or secure credit card gateway provider. Additionally, if you elect to allow Card Depot to store your credit card information for future use, Card Depot may securely store it with a secure credit card processor and/or secure credit card gateway provider.