Terms Of Use Agreement

Last revised September 1, 2018.
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

Welcome to Zealcards, a service offered by Zeal Ventures LLC. ('Zealcards' 'we,' or 'us') which allows you to buy or sell closed and open loop prepaid cards (“Gift Cards”). This page explains the terms by which you may use Zealcards websites (including www.zealcards.com), web widgets, feeds, applications for third-party web sites and services, mobile app, and any other mobile, web, or other services or applications owned, controlled, or offered by Zealcards or in conjunction with Zealcards partners (collectively the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement including the incorporated Privacy Policy (the “Agreement” or “Terms of Use”), whether or not you are a registered user of our Service.

THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE AND CLASS-ACTION WAIVER, WHICH DETERMINE HOW DISPUTES WITH ZEALCARDS MAY BE RESOLVED. BY USING THE SERVICE YOU ACCEPT THESE TERMS OF USE AND AGREE TO BE BOUND BY THE ARBITRATION PROVISION AND CLASS-ACTION WAIVER BELOW.

We reserve the right to amend this Agreement at any time by notifying you as provided in this Agreement, provided that no notice shall be required or given for non-substantive changes to the Agreement. If we substantively amend this Agreement we will give you notice by email or other notice informing you of such changes to the Terms of Use, and you may reject the changes by terminating your account. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service and terminate your account. This Agreement applies to each visitor, user, and anyone who accesses the Service (“User(s)”).

PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER AND A U.S. RESIDENT IN ORDER TO PARTICIPATE ON OUR SITE.

Eligibility:

By accessing or using the Services to complete a Gift Card purchase or sale, you affirm that you are at least eighteen (18) years of age and in the United States. You represent that you are fully able and competent to enter into and comply with the terms and conditions in the Terms of Use. The Service is not directed to children under 18 so if you are under 18 years of age, you are not permitted to access or use the Service. The Service is not available to any Users previously removed from the Service by Zealcards.

Gift Cards or Cards:

The term "gift card(s)" or "card(s)" when used on this site refers to physical plastic cards, 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 Zealcards.

Member Accounts:

You do not have to register to visit www.zealcards.com or browse using the Service. To access certain features of the Service, such as buying or selling Gift Cards, you are required to register with Zealcards and create a “Member Account”. Zealcards may modify the Service and features and functions available within a Member Account at any time in our sole discretion.

You may never use another User’s Member Account. When creating your Member Account or using the Service, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Member Account, and you are solely responsible for keeping your Member Account password secure. You must notify Zealcards immediately of any breach of security or unauthorized use of your Member Account. Zealcards will not be liable for any losses caused by any unauthorized use of your Member Account. Violation of these Terms of Use will result in the termination of a User’s Member Account, and Zealcards may terminate a Member Account at any time in its sole discretion.

You may control your Member Account profile and how you interact with the Service by changing the settings, where available. By providing Zealcards your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by notifying us at [email protected] Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

Service Rules:

As a User of the Service, You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots or bots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Zealcards servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Zealcards grants the operators of public search engines revocable permission to use spiders to copy materials from Zealcards.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting Zealcards, its partners, systems, or User(s) any spam, chain letters, offensive material, or other unsolicited email, communication or other data; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity or sharing your Member Account or the Member Account of another User; (x) interfering with the function of the Service or using the Service in a manner that would result in fraud, chargebacks, penalties or complaints related to such behavior; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; or (xiii) making a false claim for a refund under the Purchase Guarantee or other similar policy provided by Zealcards.

Cards from other marketplaces:

Zealcards does not accept gift cards that were previously purchased from secondary gift card marketplaces including cards purchased on this site.

Verify Customers' Address:

Zealcards reserves the right to contact a customer via phone or 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 Zealcards.

Identity Verification:

You authorize Zealcards 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.

Important Information About Identity Verification

To help the government fight the funding of terrorism and money laundering activities, we may obtain, verify, and record information that identifies you.

What this means for you: We may ask for your name, address, date of birth and other information that will allow us to identify you.We may also ask to see your driver’s license or other identifying documents.

Lapsed Accounts:

In order to keep Zealcards accounts current, if a customer does not access his or her account for a period of 90 days or more, Zealcards may, in its sole discretion, terminate such customer's account. Zealcards will endeavor to notify a customer of Zealcards 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 within 10 days after the day it is sent by Zealcards, such customer's account will be terminated as noted above. Therefore, Zealcards strongly recommends that all customers keep their accounts and contact data current and in use. While Zealcards desires to prevent active accounts from being terminated prematurely, Zealcards has no obligation to maintain accounts that appear to Zealcards 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.

Selling Gift Cards – Your Warranty and Ownership Transfer:

When you sell us a physical or electronic gift card or merchandise credit, you warrant that: 1) you have not obtained the gift card illegally 2) the Gift Card is valid 3) the Gift Card is redeemable for the amount of credit that you state 4) that you have not in any way retained a way to redeem the Gift Card after selling the card 5) the Gift Card and any interest therein is fully transferable to Zealcards 6) you are the sole lawful owner of the Gift Card and all interests thereto 7) the Gift Card is not subject to any liens, obligations, or encumbrances of a third party 8) you shall comply with all other requirements to complete the Gift Card transaction, including, without limitation, shipping instructions, required by the Service.

Once you confirm a sale of a Gift Card to us, you agree to transfer ownership of the Gift Card and any interest therein to us. You agree that no portion of the Gift Card and any interest therein will be redeemed at any point subsequent to the transaction. Sellers who transact and sell their gift card(s) to Zealcards agree that as a condition to receiving payment, if at any point in time after Zealcards has paid Seller for such gift cards there is a change from the gift card balance from the balance specified on the original sales invoice by and between Seller and Zealcards, in its sole and absolute discretion, believes that such modification was caused by: (a) the use of the applicable gift card by Seller, (b) the use of the gift card by the party who sold the gift card to Seller, (c) the use of the gift card by a party who was employed by Seller or affiliated with Seller, or (d) due to suspected fraudulent activity the issuing merchant places a freeze on the balance of the applicable gift card or cancels the applicable gift card (each, a "Bad Card" and collectively, "Bad Cards"), and the applicable Bad Card causes a loss, claim, judgment, damage, and/or liability (collectively, "Claims") to Zealcards in any way; then Zealcards shall have complete authority to charge-back its method of payment to Seller for the Bad Cards.

You further agree that you will be charged a replacement fee if the Gift Card proves to be invalid according to the terms of the transaction. The replacement fee will be equal to the balance that you reported at the time of the transaction plus an additional $10 service fee.

To the extent that Zealcards has in its possession cards from Seller for a new order for which Zealcards has not yet paid, then Zealcards has the complete authority, in its discretion to either (a) hold back its payment for such cards, or (b) deduct the applicable amount corresponding to Bad Cards from the new payment amount owed to Seller. If Zealcards is unsuccessful deducting the amount from a future order, then Seller is responsible to issue a full refund to Zealcards. If Seller does not issue such a refund, then Zealcards may use any available remedies at law and in equity to collect reimbursement from Seller for same and in all such cases, Seller shall be responsible to reimburse Zealcards for its legal fees and costs in seeking reimbursement from Seller.

Buying Gift Cards – Our Warranty and Goods Not As Described 180 Day Return Policy:

If h4 gift card turns out to be a fraudulent card and is canceled by the merchant or if there is any other balance discrepancy, the customer must contact us within 180 days of the purchase. We will then investigate the matter. If Zealcards 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 Zealcards via an authorized trackable shipping company. Zealcards will only honor returns that fall into this category for claims made within 180 days of the purchase. Claims made after 180 days of the purchase date will not be refunded even if the balance discrepancy or cancelation occurred within the 180 day period. The claim must be emailed to [email protected] Please keep a copy of the time stamp and submission for your records. After 180 days, Zealcards 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. The Warranty is NOT applicable to gift cards whose issuers or retailers are no longer honoring gift cards, whether due to bankruptcy, elimination of their gift card program, or other causes.

Shipping Policy:

Zealcards generally will ship an order within 1 business day from the time payment is processed. However, Zealcards reserves the right to delay shipment up to seven business days. Zealcards may choose to provide a tracking number as proof that the order has been shipped out. No further proof is required. When the tracking number provided by Zealcards indicates that it is in route with the carrier, Zealcards shall bear no further responsibility for the shipment.

Right To Refuse An Order:

Zealcards reserves the right to refuse any order placed. Additionally, if there was a mistake in the price of an order or coupon applied, Zealcards reserves the right to notify the customer to pay the difference or cancel the order. Zealcards reserves the right to cancel the order at any time.

Billing and Shipping Errors:

Zealcards 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 Zealcards will consider re-shipping the missing item at no cost to the buyer. Re-shipping the item is at Zealcards sole discretion. If Zealcards does not ship the omitted item, it will refund the buyer for that portion of the order within 24-72 hours. If Zealcards shipping department shipped additional cards or a card of greater value, the buyer accepts responsibility to notify Zealcards of this error within 7 business days. Zealcards will provide a postage refund for the buyer to return the card. If the card is not returned, Zealcards reserves the right to charge/bill the buyer for the remaining balance.

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