Terms of Use

PLEASE NOTE: SECTIONS 18 AND 19 OF THE LEGAL INFORMATION SECTION CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH CARD SURGE ARE RESOLVED. BY MERE USE OF OUR SITE OR SERVICES YOU AGREE TO BE BOUND BY THE ARBITRATION CLAUSE AND WAIVER. PLEASE READ THE LEGAL INFORMATION SECTION CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS. THIS INCLUDES REMEDIES AND RECOURSE CARD SURGE LLC MAY TAKE IN CONJUNCTION WITH YOUR USE OF OUR SITE AND SERVICES INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF ANY DISPUTE. 

The Terms of Use were last updated on April 20th, 2019.

1. GENERAL TERMS OF USE

ACCESSING, BROWSING, OR OTHERWISE USING THIS SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS OF USE IN THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

This Website is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of online transaction there are always risks involved and we strongly advise you to understand these Terms before joining. When you use any of the Services provided by Card Surge LLC you will be subject to the rules, guidelines, Policies, Terms, and conditions applicable. Card Surge LLC reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. If you comply with these Terms of Use, Card Surge LLC grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

2. YOUR OVERALL CONDUCT

You are solely responsible for your actions through this Website. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations or these Terms of Use. By this we mean that you must check that you entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law, regulation, or other restriction.

3. USE OF CARD SURGE MARKETPLACE WEBSITE

You agree and confirm that your use of https://cardsurge.com/marketplace shall be strictly governed by these binding principles:

You shall not use, display, upload, modify, publish, transmit, update or share any information that:

        1.Belongs to another person and to which you the User do not have any rights to. 2.Involves the transmission of "junk mail," or “chain letters," or “unsolicited mass mailing” or "spamming". 3.Infringes upon or violates any third party's rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity. 4. Tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to account information, bulletins, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users. 5.Engage in commercial activities and/or sales without Our Prior Written Consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Site. Throughout this Terms of Use, https://cardsurge.com/marketplace "Prior Written Consent" means a written communication coming from the Card Surge LLC Legal Department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization. 6.Interferes with another Member's use and enjoyment of the Website or any other individual's enjoyment of similar Services. 7.Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items. 8.Deceives or misleads the addressee or Members about the origin of such messages or communicates any information which is grossly offensive or menacing in nature. 9.Impersonate another person or entity. 10.Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, key loggers, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information. 11.Shall not be false, inaccurate or misleading. 12.Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline. 13.Shall not create liability for Us or cause Us to lose (in whole or in part) the services of our ISPs or other suppliers. 14.Card Surge LLC shall have all rights to take necessary action and claim any damages that may occur due to your involvement/participation in any way on your own or through groups of other individuals or organizations, intentionally or unintentionally in Dos/DDoS (Distributed Denial of Services).

4. ALLOWED ITEMS

Card Surge Marketplace allows the items listed below to be sold on Our Site if they meet the other criteria as outlined in the full Terms of Use:

1.     Plastic Gift Cards not exceeding a maximum face value of $200.00 USD per listing.

2.     Merchandise Credits not exceeding a maximum face value of $200.00 USD per listing.

3.     Electronic Gift Codes not exceeding a maximum face value of $200.00 USD per listing.

4.     Gift Cards being sold at full face value or less than face value. (Discount Gift Cards)

We only allow closed loop Gift Cards and Electronic Gift Cards to be sold on Our Site. Closed loop Gift Cards are Gift Cards that are for a specific merchant.

5. PROHIBITED ITEMS

The following items are prohibited (not allowed) from being listed for sale on Our Site:

1.     Items or listings that are sexual in nature.

2.     Items or listings that contain photos or depictions of a sexual act.

3.     Items or listings that contain nudity of any kind.

4.     Items or listings that contain profanity.

5.     Items or listings that contain photos, depictions, or written descriptions of violence.

6.     Items or listings that encourage violent acts.

7.     Items or listings that contain terroristic messages or encourage terrorism of any kind.

8.     Items or listings that are considered as racist, sexist, or portray hate messages.

9.     Items or listings that are counterfeit or fake.

10.   Items or listings that are misleading in any way.

11.   Items that the Seller does not legally own.

12.   Items or listings that are listed solely for advertising purposes.

13.   Items or listings that encourage illegal activity.

14.   Stolen property or items.

15.   Anything intended to avoid paying any cost or fee for using the Site.

16.   Listings that encourage Users to complete a transaction outside of the Website.

17.   Any Open Loop Gift Card. (Visa, MasterCard, and Discover Gift Cards)

18.   Any Gift Card, Electronic Gift Card, or Merchandise Credit that the Seller intends to attempt to use after it has already been purchased by another Member.

Any Seller that has repeat occurrences of listings that are removed by Card Surge shall be subject to further Account limitations or permanent Account suspension at the sole discretion of Card Surge. Please familiarize yourself with the Prohibited Items before listing or attempting to list items for sale on this Website. Card Surge reserves the right to remove any item or listing that We feel violates Our Prohibited Items List or any other section of Our Terms of Use.

6. GIFT CARDS AND ELECTRONIC GIFT CARDS

The Service may permit you to sell or purchase Gift Cards, Electronic Gift Cards (E-Gift Cards), or the like that are redeemable for goods or services by third parties ("Gift Cards” (plastic) or “Electronic Gift Cards” (virtual, codes, E-Gift Cards). You consent to pay all pertinent assessments and charges imposed by any other administrative entity regarding your utilization of this Service. You agree that Card Surge is not responsible for lost, damaged, or stolen mail, and it is your obligation to guarantee that any plastic Gift Cards you send to the buyer arrive securely and are valid for the balance advertised in the listing.

7. BUYING AND REDEEMING GIFT CARDS AND ELECTRONIC GIFT CARDS

You recognize and agree that you will pay for any Gift Cards or Electronic Gift Cards that you purchase from our Site with a legitimate credit card (that you are approved to utilize) or by another payment method as the Service may permit. Generally, we'll charge your credit card for an item when the order is placed. We may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may influence your available credit line.

8. REDEEMING GIFT CARDS AND ELECTRONIC GIFT CARDS

You acknowledge that various third-party merchants may have different rules and policies regarding redeeming the Gift Cards or Electronic Gift Cards that you may purchase on Our Site. For example, some Electronic Gift Cards may only be used on the merchant’s website and not in their stores. You agree that by using Our Site you are solely responsible for understanding and complying with each merchant’s rules and policies regarding redeeming Gift Cards or Electronic Gift Cards. You agree to release Card Surge and its affiliated companies from any damages, monetary loss, or complications you may experience while redeeming or attempting to redeem a Gift Card or Electronic Gift Card that you purchased on our Site.

9. SELLING GIFT CARDS AND ELECTRONIC GIFT CARDS

When you list a Gift Card or Electronic Gift Card for sale by means of the Service, responsibility for the Gift Card or eGift Card and any interest in that is quickly and legally transferred to the Buyer. You agree that you won't recover any amount of the balance at any time after it has been transferred to the Buyer. Card Surge Marketplace is not responsible for any mistakes that you might make while entering Gift Card data and we strongly encourage all Users to verify all data before submitting it to our Site for processing.

You further agree that you will be charged a substitution fee if the Gift Card or Electronic Gift Card later ends up being invalid, suddenly changes to a zero balance, has a zero balance, or a balance other than what you advertised at the time of the sale as decided in Card Surge’s sensible caution and that this fee can be charged to your back-up credit card which is placed on file with us. The substitution fee will be equivalent to the balance that you reported at the time of the transaction in addition to an extra $10 service charge to cover processing fees.

At Card Surge’s sole discretion, we may permanently suspend your Account based on a User or Member using or attempting to use a Gift Card or Electronic Gift Card after it has already been sold to a Buyer regardless of the amount of time that has passed since the sale or transaction. Accounts that are suspended may remain suspended indefinitely and you may not be allowed to access or use Our Website or Service at any time in the future. This policy also applies to Merchandise Credits sold on Our Site.

You therefore represent and warrant regarding any Gift Card or Electronic Gift Cards you offer for sale on the Site (“Listing” or “Item”), the following: I) the Gift Card is substantial; ii) the Gift Card is redeemable for the amount of credit or balance that you advertise through the Service; iii) that you have not at all held an approach to reclaim the balance in the wake of offering it for sale; iv) the Gift Card and any interest in that is completely and legally transferable in the way outlined by this Agreement, without disregarding any authority or right; v) you are the sole, legitimate proprietor of the Gift Card, Electronic Gift Card, or Merchandise Credit and all interests thereto; vi) it is not subject to any liens, commitments, or encumbrances of a third party; and vii) you must follow every single other prerequisite to finish the sale, including, without confinement shipping directions, as required by the Service.

Please Note: If this is your first time selling a gift card on Card Surge Marketplace there is a 15 day waiting period for all new sellers. Your first payment will be issued after the 15 day waiting period has ended. This is a one time waiting period and does not apply to repeat sellers. There is no waiting period for repeat sellers but an identity verification process may be necessary. Repeat sellers are sellers that have had at least one previous successful sale on Card Surge Marketplace and whose account is in good standing and no payments are currently owed for shipping or selling fees. Payments for repeat sellers are issued 10 days after the sale. Payments are not issued on weekends or holidays.

10. TYPES OF LISTINGS

There are three types of listing formats available to Sellers. The three types are listed below.

1. The first is an Auction Style Listing in which perspective Buyers may place bids on the items they would like to purchase and the perspective Buyer with the highest bid will win the right to purchase the item from the Seller at the price of the winning bid plus any additional shipping costs. These listings are open to receiving bids for a set amount of time as indicated in the listing.

2. The second type of listing is the Buy Now Listing in which a Buyer may instantly purchase an item from the Seller at a fixed price. These listings are available for purchase at the fixed price set by the Seller in the listing for the specified amount of time as outlined in the listing. In some cases the seller may choose to accept offers from potential buyers by using this option when they create the listing.

3. The third type of listing is a combination of the Auction Style Listing and the Buy Now Listing.

For all types of listings, the shipping cost is an additional cost unless the Seller is offering free shipping in which case it shall be the Seller’s sole responsibility to pay all costs associated with shipping the item.

11. STORES

This optional Service may permit you to operate your own store (“Stores”) on Card Surge Marketplace’s Website. This is an additional feature that We may at our sole discretion choose to offer to Our Members at an additional monthly cost. These may be offered on a per User basis and may also be offered based on historical data such as past performance ratings, feedback ratings, sales volume, or any other condition as decided solely by Card Surge. We may cancel, change, update, improve, or discontinue the Stores program at any time with or without notice to the Members utilizing it although we will make every reasonable effort to notify you of such changes. Stores on Our Site shall be subject to every condition as outlined in our full Terms of Use and any additional Policies deemed necessary.

12. SHIPPING COSTS

Shipping cost is calculated on a "per order," basis and is based on the shipping method the Buyer selects. Shipping costs for individual Sellers offering “Free Shipping” are the sole responsibility of the Seller. Any shipping costs necessary may be passed to the Buyer as advertised in each individual listing. We strongly encourage all Sellers to use tracking and insurance services when shipping their items, however, this is not required if the Seller understands and accepts the risks associated with other less traceable shipping methods.

Card Surge LLC is not responsible for any Gift Cards or packages that become damaged or lost in the mail.

13. AUTOMATIC BIDDING FOR AUCTION LISTINGS (PROXY BIDDING)

Generally, it is advised that the perspective Buyer bid the maximum amount they are willing to pay for an item. Card Surge Marketplace uses a proxy bidding system whereby, Card Surge Marketplace will continue to raise your bid automatically, against the bids of other Members, at set intervals up to your maximum bid for each listing. You can, of course, choose to bid any amount you like, but only if your bid is higher than the bids that other Members have already placed on the item will you have the opportunity to purchase the item from the Seller. The Buyer with the highest bid for each item will win the right to purchase the item from the Seller at the price of the winning bid plus any additional shipping costs associated with the item. Please keep in mind that all bids are considered binding agreements to purchase an item from the Seller at the price which is bid. Please do not bid on an item if you do not intend to purchase the item. In some cases, the Seller may choose to set a “Reserve Price” for their item. A Reserve Price is the lowest price that the Seller is willing to accept for the item excluding any shipping costs. If a perspective Buyer wins an item in a listing that indicates that the Seller of that item has placed a Reserve Price on the item or items, the Seller is not obligated to complete the transaction unless the Buyer’s winning bid meets the minimum Reserve Price set by the Seller. The Seller may choose to complete the transaction even if the Reserve Price is not met but they are under no obligation to do so. If a bid is cancelled for any reason either by the perspective Buyer or by Card Surge Marketplace, the winning bid shall be passed to the Member or User with the next highest bid and the auction shall continue for the remaining duration. Buyers with the winning bid will have three days (3 days) from the time the listing ended to complete their purchase and pay for the item. If the Buyer cannot or chooses not to pay for any reason after successfully winning the auction by placing the highest bid, they shall be considered as a Non-Paying Bidder. Non-Paying Bidders may be subject to additional Service restrictions at the sole discretion of Card Surge and may have their Account temporarily or permanently suspended.

By using Our Site, you authorize Card Surge to use the Proxy Bidding System described to bid on your behalf.

14. BIDDING ON YOUR OWN ITEM (SHILL BIDDING)

Bidding on your own item (Shill Bidding) to artificially increase the final sale price or standing in a search engine of that item is strictly prohibited by these Terms of Use and may be illegal in some places. By using Our Site, you agree that you are not allowed to use any Card Surge Marketplace Account either owned by you or by another Member, User, or person known to you to artificially increase the final sale price or improve standing in a search engine of any item or listing on this Website or any other affiliated Website. Any reported or suspected instances of Shill Bidding on Our Site or any other similar fraudulent activity shall be investigated by Card Surge LLC and any actions deemed necessary by Card Surge may be taken to prevent this type of activity in the future including permanent Account suspension or limitation, and reporting illegal activity to Law Enforcement or the proper authorities. If you suspect that Shill Bidding may be taking place on Our Website, please report it immediately by emailing Us at [email protected]

15. PAYMENTS FOR BUYERS AND SELLERS

Generally, we'll charge your credit card or another payment method immediately for an item you purchase from Our Site. However, we may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may influence your available credit line. You may be able to utilize other third-party payment processors such as PayPal or others to pay for items you purchase from this Site. These companies are not affiliated with Card Surge Marketplace in any way and Card Surge has no control or authority over any third-party payment processor. Any payment made through a third-party payment service shall be considered as a separate contract between the Buyer and the third-party payment processor to complete the payment for the Card Surge Marketplace transaction. Card Surge cannot be held responsible for any monetary damages or other damages that may result from using a third-party payment service. Third-party payment processors will have their own terms and conditions and privacy policies they follow, and you should familiarize yourself with these policies before electing to use any third-party payment service. By electing to use a third-party payment service to pay for an order on Card Surge Marketplace or receive payment for any item or service sold on Our Site you agree to release Card Surge from all liability regarding the payment transaction and all other damages that may occur as result and agree that it shall be Card Surge’s sole responsibility to make sure that each party completes the exchange of any paid for item or service as agreed upon in the listing once the payment has been completed. If a Seller elects to receive payment by check, they are solely responsible for the security of the check once it has been received. Card Surge may charge a replacement fee for lost or stolen checks to recover bank fees and processing fees associated with replacing lost or stolen checks. This fee may range from $30.00 to $50.00 depending upon the specific situation.

To report a lost or stolen check please email us immediately at [email protected]

Any Account that is involved in or suspected of being involved in any type of check fraud will be permanently and immediately suspended. Card Surge may use legal actions to attempt to recover any monetary or other damages associated with any User or Member who commits any type of check fraud.

16. COMPLETING TRANSACTIONS

If either the Buyer or Seller refuses to complete the transaction after the payment has already been processed it shall be the official policy of Card Surge to cancel the transaction and refund the Buyer using the original payment method or another payment method, or to elect to fill the Buyers order from Our companies inventory with a similar item or items if we have them available. Sellers refusing to complete transactions for any reason may at Card Surge’s sole discretion still be responsible for paying all Standard Sales Commissions, Listing Improvement Fees, or shipping costs associated with each listing. Buyers or Sellers that show a pattern of refusing to complete transactions once they have been processed and paid may have their Card Surge Marketplace account limited or permanently suspended at Card Surge’s sole discretion.

17. CANCELLING A TRANSACTION

It shall be the official Policy of Card Surge Marketplace to complete and fully execute any transactions or sales that take place on Our Site whenever possible. We do understand that unique situations may arise when either the Buyer or Seller is not able to complete the transaction for reasons that are unexpected or beyond their control. In these situations, as deemed appropriate and authorized solely by Card Surge. Buyers and Sellers may be allowed to cancel the sale or transaction for any listing by contacting Customer Support.