Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. By accessing https://giftcardxs.com (the “Website”) or creating an account to use the gift card selling and purchasing services (the “Service”), you agree to the following terms and conditions (the “Agreement”). This Agreement is a legally binding contract between you and Gift Card XS (“Gift Card XS”). Throughout this Agreement, you and Gift Card XS may be referred to individually as a “Party” and collectively as the “Parties.”

1. DESCRIPTION OF THE SERVICE.

1.1 Description. Gift Card XS purchases third-party gift cards (the “Gift Cards”) from you at the rates provided on the Website and confirmed by a sales representative. This Service is only available for gift cards denominated in U.S. dollars and issued by select merchants. We reserve the right to modify the eligible currencies and merchant list at any time at our sole discretion. The rates offered by Gift Card XS are designed to be competitive and may fluctuate at our discretion. The rate for your gift card is initially determined when you submit its details for evaluation on the Website. By accepting the final rate and submitting your gift card to Gift Card XS, you agree to complete the sale of your gift card according to the terms outlined herein.

1.2 Electronic Submission of Gift Cards. Certain transactions require that you provide the details of your gift card to us electronically. It is your responsibility to ensure that the details of any such gift card are entered accurately. Gift Card XS assumes no risk or liability for any incorrectly entered gift card information.

1.3 Mailing in Gift Cards. Some transactions may require you to mail your gift card to us. It is your responsibility to ensure the successful delivery of your gift card to Gift Card XS at the address provided during the transaction. Gift Card XS is not responsible for any gift cards that are lost or delayed in transit.

1.4 Right of Refusal. To maintain the integrity of our Service, we reserve the right to decline any gift card at our sole discretion, at any time, for any reason or no reason at all. If the gift card is submitted electronically, no further action will be taken. If you mailed the gift card to us, we will return it to you via regular mail at no cost, and no shipping or handling fees will be charged or reimbursed. Gift Card XS is not liable for any loss of value if a returned gift card is lost during transit. Sending a gift card to Gift Card XS does not obligate us to accept or purchase it.

1.5 Verification of Gift Cards. Upon receiving your gift card, whether physically or electronically, Gift Card XS will verify that it matches the details you submitted via the Website, including but not limited to the merchant, card condition, absence of usage restrictions, and current redeemable value. We may require you to provide photo identification and a selfie taken with a phone camera, through facial recognition technology, or via a video call. This, along with other necessary information, is required to fulfill Gift Card XS’s obligations under financial, compliance, regulatory, and tax regulations. Additionally, we may collect purchase and sale information related to any gift card to complete the verification process. Gift Card XS is committed to complying with all applicable laws, regulations, industry standards, and company policies to protect the integrity of the financial system.

1.6 Acceptance of Gift Cards. Upon Gift Card XS successful verification of the gift card, Gift Card XS will, at its sole discretion: a) accept ownership of the gift card; or b) first attempt to redeem the full stated value of the gift card; accepting ownership of the gift card if such redemption is successful. Upon Gift Card XS accepting ownership of the gift card, the quoted fees due from Gift Card XS to you in exchange for the gift card will accrue. Gift Card XS redeeming the balance of the gift card does not imply that you (the customer) will be paid out immediately. All orders & offers must fully undergo all of our processes before you are finally paid out.

1.7 Gift Card Discrepancies. If Gift Card XS is unable to redeem the full stated value of your gift card, or if the gift card details do not exactly match what you provided on the Website when you received the rate quote, Gift Card XS may, at its sole discretion: a) redeem any amount available on the gift card and pay you for the redeemed amount at that time, at which point ownership of the gift card will transfer to Gift Card XS; or b) return the gift card to you without redeeming any amount, and no payment will be due to you. In this case, the gift card will be returned to you within seven (7) business days via regular mail, provided you remit a $15 transaction cancellation fee.

1.8 Locked, Stolen, and Fraudulent Gift Cards. The sale of stolen property or the perpetration of fraud, including gift cards acquired through the use of stolen property, is strictly forbidden and violates the law. Gift Card XS actively supports law enforcement efforts, and underlying merchants affiliated with such gift cards, to identify and recover any stolen property that is sold, or attempted to be sold, using the Service.

In the event that you mail us a gift card where such gift card is reported to be flagged, locked or reduced to zero balance by the gift card issuer due to suspected fraudulent activity, the following will occur:

• 1.8.1 any payment(s) to you will automatically be cancelled and/or reversed without notice;
• 1.8.2 all gift cards(s) sent by you will automatically be flagged and held for investigation. You will not have the option to request a return of such gift cards(s), with no payment or other consideration whatsoever, until all such gift cards(s) are cleared by the underlying issuer as not being suspected of fraudulent activity, however so defined by such issuer; and
• 1.8.3 Gift Card XS may elect to, in its sole discretion, work with underlying gift card issuers, processors, and any other gift card service providers, as well as appropriate law enforcement services, to thwart any activities involving stolen, fraudulent, or other illegal uses or cards and will report to law enforcement any suspected criminal activity perpetrated on or through the Service. This includes, but is not limited to, providing your full name, address, phone number, email address, or credit card number(s) to any investigative departments or services.

IMPORTANT: DO NOT ATTEMPT TO EXCHANGE A GIFT CARD OBTAINED THROUGH THIRD PARTY SITES SUCH AS EBAY, CRAIGSLIST OR KIJIJI. A HIGH NUMBER OF GIFT CARDS OFFERED THROUGH SUCH CHANNELS ARE OBTAINED THROUGH FRAUDULENT MEANS AND YOU WILL BE HELD FULLY RESPONSIBLE FOR ATTEMPTING TO EXCHANGE SUCH GOODS.
1.9 Verification Process: Gift Card XS requires buyers to furnish information, including, but not limited to, their name and address. Sellers are required to provide additional information, including, but not limited to, a valid driver’s license and other forms of identification via Sumsub identity verification services. Customers may also be subject to additional security and identification procedures, as well as the provision of further information to verify their identity, ensuring Gift Card XS fulfills its obligations under all applicable regulations. Gift Card XS is committed to adhering to all relevant laws, regulations, legal processes, industry standards, and company policies to safeguard the integrity of the financial system.

Gift Card XS reserves the right to reject conducting business with any customers where it deems there is a question of identity. Gift Card XS reserves the right to reject any gift card(s) that we believe may:

• (i) be fraudulent,
• (ii) have come from an illegal source,
• (iii) related to an illegal activity,
• (iv) where there is a question as to the real identity of Customer or
• (v) otherwise pose a financial risk to us, our Company, our Clients and our Stakeholders.

2. YOUR USE OF THE SERVICE.
2.1 No Use by Minors. The Website and Services are available only to individuals who can form legally binding contracts under applicable law. Gift Card XS Services are not available to persons under the age of majority in their jurisdiction, and in no case to persons under the age of 13. Additionally, if you are between the ages of 13 and 17, you may only use the account of a parent or legal guardian who hereby agrees to be bound by these Terms of Service with respect to your use of Gift Card XS. If you serve as a parent/guardian of a minor between the ages of 13 and 17, who seeks to use Gift Card XS’s Services, you represent that: (i) you are a custodial parent or duly appointed legal guardian of the minor in question; (ii) the minor is between the ages of 13 and 17; (iii) that all information you have provided during account setup is true and correct; (iv) that the minor you have registered has your authority to use the payment method for which you have entered on https://giftcardxs.com and (v) you agree to take full legal responsibility for all activity conducted by the minor and to be financially responsible for all such activity. Gift Card XS may ask for additional verification methods to ensure the above conditions are met by all parties.

2.2 Account Credentials. You shall use no less than reasonable efforts to maintain the security of your Service credentials. You agree not to transfer your account to any third-party. You shall be solely responsible for use of your credentials and/or your account by any third-party. You must notify Gift Card XS upon becoming aware of any breach or suspected breach of the security of your account.

2.3 Appropriate Conduct. You agree not to use the Services for any illegal or unauthorized purpose. You further warrant and agree that your use of the Website and Services does not violate any relevant laws, regulations, legislation, or other applicable rules of any applicable authority. You agree not to attempt to modify, adapt, or hack the Website. You agree not to engage in any activities that would create a false association with the Website. You agree not to solicit, harass, or impersonate other Website members.

2.4 Sole Responsibility. You are solely responsible for any data, text, information, graphics, photos, profiles, audio clips, video clips, links, or other content that you submit, post, display, or otherwise make available on the Website.

2.5 Third Party Services. You acknowledge and agree that links that you come across via the Website and Services may point to content outside of Gift Card XS control. Gift Card XS shall have no liability whatsoever for any such content, or any third-party fees you may incur by accessing such content.

2.6 Consent to E-mail. By providing Gift Card XS your e-mail address, you consent to our using the e-mail address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.

2.7 Promotions. From time to time, Gift Card XS may offer individuals special offers or promotions (“New Account Promotions”) to create an account. Such New Account Promotions may contain usage restrictions and limitations that will be indicated with such promotion. Failure to comply with such restrictions will result in the reversal or cancellation of any offered incentive without notice, and may also result in the levy of an additional administrative or related fee as indicated.

2.8 Taxes. Some of our services may be subject to applicable taxes, levies, duties or similar governmental assessments, including, for example withholding taxes, assessable by any jurisdiction in which Gift Card XS operates. Unless expressly noted, our transactions are exclusive of applicable taxes. It is your responsibility to determine what, if any, taxes apply to the transactions you make or receive, and it is solely your responsibility to assess, collect, report and remit the correct taxes to the appropriate authority. Gift Card XS is not responsible for determining whether any taxes apply to your transaction, or for calculating, collecting, reporting or remitting taxes arising from any transaction. Gift Card XS will collect certain financial and tax information in the process of verification of the Account holder to fulfill all our obligations under Federal and State Tax Law and Regulations.

2.9 Other Use Restrictions. You agree that you will use the Services for your own personal, non-commercial use only.

3. WARRANTY, DISCLAIMER AND LIMITATION OF LIABILITY.

3.1 Warranty Disclaimer. The Website and Services are provided to you without warranty of any kind, whether express or implied. GIFT CARD XS SPECIFICALLY EXCLUDES AND DISCLAIMS WARRANTIES OF TITLE, THE WARRANTY OF MERCHANTABILITY, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

3.2 Damages Limitation. IN NO EVENT SHALL GIFT CARD XS BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR ANY OTHER THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUES, LOST SAVINGS, COSTS OF CAPITAL, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DOWNTIME COSTS, LOSS OR IMPAIRMENT OF DATA AND OTHER BUSINESS LOSS. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER GIFT CARD XS KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN.

3.3 Limitation of Liability. IN NO EVENT SHALL THE TOTAL LIABILITY OF GIFT CARD XS ON WHATEVER BASIS, EXCEED $1.

3.4 Risk Allocation. The provisions herein allocate risks of loss or failure between you and Gift Card XS. The provisions contained in this Agreement reflect this allocation of risk and the disclaimer and limitations of liability contained herein.

4. PAYMENT.

4.1 Payment.

Payments will be disbursed electronically using the information you provide. It is your responsibility to ensure the accuracy of this information. Any payment notifications will be sent via email, and it is your responsibility to ensure that these notifications from Gift Card XS are securely received.

If Gift Card XS receives and verifies a claim, or otherwise determines, that a gift card you sold has subsequently been used by you or an affiliated party, Gift Card XS reserves the right to charge you a replacement fee equal to the original value of the gift card, plus an additional $25 replacement fee (“Replacement Fee”). You hereby authorize Gift Card XS to charge the credit card or PayPal account provided during the Seller verification process.

5. REPRESENTATIONS AND WARRANTIES BY YOU.

5.1 Validity of Submitted Gift Cards. You hereby represent and warrant, and continue to represent and warrant, in connection with any gift card you sell through or on the Service, the following: (i) the gift card is valid; (ii) the gift card is redeemable for the amount of credit you state through the Service; (iii) you have not retained any means to redeem the gift card after its exchange; (iv) the gift card and any interest therein are fully transferable to Gift Card XS as contemplated by this Agreement; (v) you are the sole lawful owner of the gift card and all related interests; (vi) you did not purchase the gift card from an unknown individual or entity (e.g., through Craigslist, Kijiji, or similar unverifiable platforms); (vii) the gift card is not subject to any liens, obligations, or encumbrances of a third party; and (viii) you will comply with all other requirements necessary to complete the gift card transaction, including, without limitation, any shipping instructions required by the Service.

Once Gift Card XS accepts your gift card as provided in Section 1.5 above, you agree to transfer, and hereby do transfer, ownership of the gift card and any related interests to Gift Card XS. You agree that no portion of the gift card or any interest therein will be redeemed by you or any other party after the transaction is completed.

6. RIGHTS OF GIFT CARD XS.

6.1 Changes to the Service. Gift Card XS may, at its sole discretion, change or remove some or all of Service and Website at any time. Gift Card XS reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that Gift Card XS will not be liable to you for any interruption of the Service, delay or failure to perform.

6.2 Change to the Agreement. Gift Card XS reserves the right to amend this Agreement at any time. If amendments constitute a material change to the Agreement, to be determined at the sole discretion of Gift Card XS, Gift Card XS will notify you via e-mail or via a conspicuous notice on the Website.

6.3 Refusal of Service. Gift Card XS reserves the right to refuse service to anyone for any reason at any time. Gift Card XS may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in Gift Card XS sole determination you violate any provision of this Agreement, or for no reason.

6.4 Trademarks. All Gift Card XS graphics, logos, designs, page headers, button icons, scripts, and service names are registered or unregistered trademarks or service marks of Gift Card XS. Gift Card XS reserves all rights in said trademarks and service marks and no rights therein are granted or transferred hereunder. You shall not use any of Gift Card XS trademarks or service marks, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.

7. ADDITIONAL TERMS AND GUIDELINES.

7.1 Prohibited, Questionable and Infringing Usage; Restricted Activities. Your activities on the Website shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of illegal, counterfeit, stolen items or items which violate the Agreement or any other terms of use or policies in any way; (c) infringe upon any third party’s rights; (d) violate any law, statute, ordinance or regulation; (e) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or (f) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

7.2 Access and Interference. Gift Card XS may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper or other automated means to access Gift Card XS for any purpose without our prior express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Website without the prior expressed written permission of Gift Card XS and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Gift Card XS.

8. INDEMNIFICATION.

8.1 Indemnity. YOU AGREE TO INDEMNIFY AND HOLD GIFT CARD XS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD-PARTY.

“Affiliate” means, with respect to any entity, any other entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, such entity, and the term “control” (including the terms “controlled by” and “under common control with”) means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such entity, whether through ownership of voting securities, by contract, or otherwise.

9. TERM AND TERMINATION.

9.1 Term of Agreement. This Agreement shall be effective from the moment you first access the Service until your use of the Service has completely ceased.

9.2 Termination of the Agreement. You may terminate this Agreement by deleting your account, ceasing all use of the Website and Services, and remitting any balances due.

9.3 Survival Provisions. Termination of the Agreement shall not relieve either Party from its continuing obligation to protect the confidential information and the proprietary rights of the other Party. In addition, the rights and obligations of the Parties under Sections 1, 2, 3, 5, 6, 7, 8, 9, and 10 shall survive the expiration or termination of this Agreement.

10. GENERAL.

10.1 Relationship Between Parties. Neither Party shall be deemed to be an employee, agent or partner of the other in connection with this Agreement. Neither Party shall have any right or authority to assume or create any obligation or responsibility, either express or implied, on behalf of the other Party. The Parties shall be and remain independent contractors with respect to this Agreement.

10.2 Governing Law. This Agreement shall be interpreted, construed, and governed in all respects by the laws of the State of Delaware and the applicable federal laws of the United States. The Parties expressly exclude the application of the 1980 United Nations Convention on Contracts for the International Sale of Goods, if it would otherwise apply.

10.3 Venue and Jurisdiction Provisions. In the event of any litigation between the Parties, the Parties agree that the sole and exclusive venue and jurisdiction for such action shall be in the courts of competent jurisdiction located in the State of Delaware, USA. The Parties further agree that these courts shall have personal and exclusive jurisdiction over the Parties for any dispute arising out of this Agreement that is not subject to the arbitration provisions set forth herein.

10.4 Severability. If any provision of this Agreement is found to be illegal or unenforceable for any reason, such illegality or unenforceability shall not affect the validity or enforceability of the remaining provisions of this Agreement, which shall remain in full force and effect.

10.5 Force Majeure. Neither Party shall be liable for any failure to perform due to unforeseen circumstances or causes beyond the reasonable control of that Party, including, but not limited to, acts of God, war, riot, acts of civil or military authorities, delays in vendor deliveries, fire, flood, accident, strikes, or the inability to secure communication, transportation, labor, or materials. In the event of a force majeure, the time for such Party’s delivery or performance shall be extended for a period equal to the duration of the delay caused by the force majeure event.

10.6 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior proposals, agreements, commitments, whether oral or written, as well as all negotiations, conversations, or discussions between the Parties relating to this Agreement.

10.7 Modifications. Except as otherwise allowed per the terms of this Agreement, this Agreement may be modified only by a writing signed by each Party.

10.8 Headings. Headings included in this Agreement are for convenience only and are not to be used to interpret the provisions of the Agreement between the Parties.

10.9 Assignment. You may not assign or delegate the rights and obligations under this Agreement without the prior express written consent of Gift Card XS. Gift Card XS may unilaterally assign or delegate its rights and obligations under this Agreement at its sole discretion. The terms of this Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns.

10.10 Waiver. The failure of either Party to enforce at any time any of the provisions hereof shall not be construed to be a waiver of the right of such Party thereafter to enforce any such provisions.

10.11 Benefit. This Agreement is made for the benefit of each of the Parties and not for the benefit of any other persons.

10.12 Attorneys’ Fees. In any litigation or arbitration between the Parties, the prevailing Party shall be entitled to reasonable attorney fees and all costs incurred in connection with such proceedings.

10.13 No Presumption. There shall be no presumption applied against any Party on the ground that such Party was responsible for preparing this Agreement or any part of it.

10.14 Conflict With Terms of Service or Other Policies. Should any conflict arise between this Agreement or any other policy documents, this Agreement shall prevail.

10.15 Compliance With Laws. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Service.

Dispute Resolution. In the event a dispute arises between you and Gift Card XS, please email Gift Card XS at hello@giftcardxs.com and we will work quickly towards a solution.