Terms and Conditions

Gift Card XS.

Updated July 1st, 2024

Bulk Seller Terms

Please Read These Bulk Seller Terms And Conditions Carefully. These Gift Card XS Bulk Seller Terms (the “Bulk Seller Terms”) are a binding legal contract entered into by you (referred to herein as “Seller”) and Gift Card XS. (“Gift Card XS”). Capitalized terms not defined herein shall have the definitions assigned to them in the Terms and Conditions. Both you and Gift Card XS may be referred to herein individually as a “Party”, and collectively as the “Parties”.

Bulk Seller Program

DEFINITIONS:

The following definitions shall apply for purposes of this Agreement:

Deferral:
Seller agrees that offers/orders of Gift Cards and Store Credits may be paid out prior to processing (“Deferred”). In this case Gift Card XS verifies the balance and pays the Seller. If cards are deemed to be invalid, zero, fraudulent and/ or any other issue with the cards submitted by Seller that prohibits Gift Card XS from utilizing their promised value in any manner or by any amount, Gift Card XS reserves the right to recoup its losses for the offer/order.

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 Gift Card XS

Bad Cards:

Any change from the Gift Card balance, at any point in time after Gift Card XS has paid Seller for such Gift Cards, from the balance specified at time of upload by and between Seller and Gift Card XS that Gift Card XS, 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 a 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) fraudulent or suspected fraudulent activity as a result of which, the Issuer 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”).

Claims:

Any and all losses, claims, judgments, damages, and/or liabilities (collectively, “Claims”) to Gift Card XS resulting from Bad Cards;

REPRESENTATIONS: Seller represents and warrants as follows:

Compliance with Law:
Seller is and during the term of this Agreement will remain in compliance with all applicable federal, Provincial, State and local laws, rules, regulations, and tariffs relating to the resale and purchase of Gift Cards and Store Credits and Seller will only sell Gift Cards and Store Credits to Gift Card XS that to the best of Seller’s knowledge were acquired legally.

LIABILITY: Seller is liable for Gift Cards and Store Credits for a period up to and including (30) Thirty calendar days unless the Gift Card or Store Credit is a restaurant, airline, lodging brand or is deactivated by the merchant or deemed invalid; in such cases the Seller remains liable for a period up to and including (90) Ninety calendar days. Liability for the Seller begins when Gift Card XS initiates the payment for the Gift Card or Store Credit to the Seller.
Right to Recoup its Loss from Claims:

Gift Card XS shall have complete authority to perform the following actions to Seller in order to recoup its loss on Bad Cards: charge-back its method of payment, perform an ACH debit, charge a credit card number, hold back its payment for new cards submitted to Gift Card XS by Seller. If Gift Card XS is unsuccessful, then Seller is still responsible to issue a full refund to Gift Card XS for the Bad Cards. If Seller does not issue such a refund, then Gift Card XS may use any available remedies at law to collect reimbursement from Seller for same and in all such case, Seller shall be responsible to reimburse Gift Card XS for all of its legal fees, court fees, and collection costs in seeking reimbursement from Seller. Additionally, Gift Card XS shall have the right to apply a 10.0% monthly interest charge for the period of time from when Gift Card XS originally paid Seller for the Bad Card until the time Gift Card XS has successfully been reimbursed in full.

Governing Law/Jurisdiction:

This Agreement shall be governed in accordance with the laws of the State of New Hampshire & Nevada except with respect to the conflict of law principles thereof. In the event of a dispute arising under this Agreement, the Superior Court of the State of New Hampshire shall have exclusive jurisdiction to resolve such a dispute. Gift Card XS will make every attempt in good faith to notify the Seller of Bad Cards. Notification may come in the form of push notifications, emails, calls from account rep and/or text messaging services.

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, Indemnification:

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 Gift Card XS in its sole discretion. If the account has been revoked, Gift Card XS reserves the right to refuse application for readmission to the account.

Communications:

You agree that we may provide agreements and disclosures related to the Gift Card XS platform to you electronically instead of in paper form. Most communications between Gift Card XS (“The Company”) and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other communication exchanged between you and the Company electronically shall satisfy any legal requirements that such communications be in writing. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this Gift Card XS Platform. During the term that you maintain an Account with us for the Gift Card XS Platform (“Account”), you agree to provide us with and maintain a valid email address where we may deliver these agreements and disclosures to you and that you will promptly notify us of any change in your email address. You understand that our ability to provide you this information is dependent upon the maintenance of a valid email address as well as your having access to a mobile device or personal computer with an internet browser and access to the internet.Occasionally there may be information on the Gift Card XS Platform that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. The Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice. We apologize for any inconvenience this may cause you. If you are not completely satisfied with your experience on the Gift Card XS Platform, we ask that you contact us via e-mail at bulk@giftcardxs.com

Disputes with Merchants:

You agree to make a good faith effort to settle all disputes about Gift Cards or Store Credits you have sold to Gift Card XS with the merchant/seller who issued the Merchant-Issued Closed Loop Gift Account to you in the case where the card balance was used by a party other than “The Seller” or “The Company.”

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.

Payments:

You represent and warrant that if you are selling something to us 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.Furthermore you agree to keep a credit card on file for possible recuperation or identity verification.

Identity and location verification:

You authorize Gift Card XS to request your mobile carrier to use your mobile subscriber details for verifying your identity. Additionally, you authorize Gift Card XS 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.

SIGNATURES:

Seller warrants that they have carefully read all of this Agreement and agrees that all of the restrictions set forth are fair and reasonably required to protect Gift Card XS interests. The Seller has received a copy of this Agreement via email and will retain it for their records. Seller also verifies that acceptance of this agreement electronically or by push notification equates to a signature of authority on behalf of the Seller and The Company.