Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. By using Cash4cardsusa.com (the “Website”), or establishing an account with the website and using the gift card purchase service (the “Service”), you agree to the following terms and conditions (the “Agreement”). The Agreement is a binding legal contract entered into by you and Cash4cards LLC Inc. (“Cash4cards LLC”). Both you and Cash4cards LLC may be referred to herein individually as a “Party”, and collectively as the “Parties”.

1.DESCRIPTION OF THE SERVICE.

1.1 Description. Cash4cards LLC buys third-party gift cards (the “Gift Cards”) from you at the rates quoted on the Website. The Service is only available for United States dollar denominated Gift Cards issued by certain merchants, and we may change the list at any time at our sole discretion. The rates at which Cash4cards LLC will pay for your Gift Card are set to be competitive and may change from time to time at Cash4cards LLC’s sole discretion. The rate for your Gift Card will be set at the time you submit its details for evaluation on the Website. By accepting the rate and submitting your Gift Card to Cash4cards LLC you are initiating the sale of your Gift Card to Cash4cards LLC, and hereby agree to complete the sale transaction per the terms 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. Cash4cards LLC assumes no risk or liability for any incorrectly entered Gift Card information.

1.3 Right of Refusal. In order to ensure the integrity of the Service, we reserve the right in our sole discretion to decline to accept a Gift Card at any time, for any or no reason. If the Gift Card is provided to us electronically, we will do nothing. 

1.4 Verification of Gift Cards. Upon physical or electronic receipt of your Gift Card, Cash4cards LLC will confirm such Gift Card matches details submitted y you via the Website, including but not limited to, underlying merchant, card condition, exclusion of any usage restrictions, and current redeemable value. Cash4cards LLC will require the provision of photo identification and a selfie done by one of either a phone camera, through facial recognition technology or through a video call. This is in addition to other information deemed necessary to complete Cash4cards LLC’s obligations under all Financial and Tax Regulations. As well, this is in additional to purchase and sale information regarding any Gift Card in order to complete the verification process. Cash4cards LLC will always comply with applicable all laws, regulations, as well as industry standards and our company policies regarding protecting the integrity of the financial system.

1.5 Acceptance of Gift Cards. Upon Cash4cards LLC’s successful verification of the Gift Card, Cash4cards LLC 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 Cash4cards LLC’s accepting ownership of the Gift Card, the quoted fees due from Cash4cards LLC to you in exchange for the Gift Card will accrue. Gift Cash 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.

1.6 Gift Card Discrepancies. If Cash4cards LLC is unable to redeem the stated value of such Gift Card, or if the Gift Card does not match exactly what was indicated by you on the Website at the time you submitted its details and received a rate quote, Cash4cards LLC may, at its sole discretion: 1.) redeem any amount on said Gift Card up to the total amount available, and pay you for the amount redeemed at the publically available rate set by Cash4cards LLC at that time, at which point ownership in the Gift Card is transferred to Cash4cards LLC; or 2.) return the card to you – Cash4cards LLC will not redeem any amount on said Gift Card, and no money shall be due to you; the Gift Card will be returned to you within one  (1) business day. 

1.7 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. Cash4cards LLC 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:

 

• 1.7.1 any payment(s) to you will automatically be cancelled and/or reversed without notice;

• 1.7.2 all Gift Card(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 Card(s), with no payment or other consideration whatsoever, until all such Gift Card(s) are cleared by the underlying issuer as not being suspected of fraudulent activity, however so defined by such issuer; and

• 1.7.3 Cash4cards LLC 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.

1.8 Verification Process:Cash4cards LLC may require Sellers and Buyers to provide additional information, including, without limitation, a copy of a valid driver’s license and other forms of identification such as a Selfie done by one of either a phone camera, through facial recognition technology or through a live video call. In addition, Customers may be asked to go several additional security and identification procedures and share information to confirm their identity to complete Cash4cards LLC’s obligations under all Regulations. Cash4cards LLC’s will always comply with applicable all Laws, Regulations, and or legal process as well as industry standards and our company’s policies regarding protecting the integrity of the financial system.

Cash4cards LLC reserves the right to reject conducting business with any customers where it deems there is a question of identity. Cash4cards LLC 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 identify 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 residing in the United States of America who can form legally binding contracts under applicable law. Cash4cards LLC’s 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 Cash4cards LLC. If you serve as a parent/guardian of a minor between the ages of 13 and 17, who seeks to use Cash4cards LLC'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 Cash4cards LLC.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. Cash4cards LLC 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 Cash4cards LLC 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 Cash4cards LLC’s control. Cash4cards LLC 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 Cash4cards LLC 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 and time, Cash4cards LLC 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 Cash4cards LLC and Cash4cards LLC Inc. operate. 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. Cash4cards LLC is not responsible for determining whether any taxes apply to your transaction, or for calculating, collecting, reporting or remitting taxes arising from any transaction. Cash4cards LLC 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. CASH4CARDS LLC 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 CASH4CARDS LLC 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 Cash4cards LLC 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 CASH4CARDS LLC ON WHATEVER BASIS, EXCEED $1.

3.4 Risk Allocation. The provisions herein allocate risks of loss or failure between you and Cash4cards LLC. 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.

Digital payments will be delivered electronically to the email address provided by you. It is your responsibility to ensure the provided email address is secure and able to receive digital payments and/or notifications from Cash4cards LLC.

If Cash4cards LLC receives and is able to verify a claim, or otherwise discovers, that a Gift Card you have sold to Cash4cards LLC has subsequently been used by you or an affiliated party, Cash4cards LLC 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 authorize Cash4cards LLC to charge the credit card or PayPal authorization provided as part of 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 that you state through the Service; iii) that you have not in any way retained a way to redeem the Gift Card after exchanging the card; iv) the Gift Card and any interest therein is fully transferable to Cash4cards LLC in the manner contemplated by this Agreement; v) you are the sole lawful owner of the Gift Card and all interests thereto; vi) you did not purchase the gift card from an unknown individual or entity (i.e. by using Craigslist, Kijiji, or similar unverifiable platform); vii) the Gift Card is not subject to any liens, obligations, or encumbrances of a third party; and viii) you shall comply with all other requirements to complete the Gift Card transaction, including, without limitation shipping instructions, required by the Service.

Once Cash4cards LLC accepts your Gift Card per Section 1.5 above, you agree to transfer ownership, and hereby do transfer ownership, of the Gift Card and any interest therein to Cash4cards LLC. You agree that no portion of the Gift Card and any interest therein will be redeemed at any point subsequent to the transaction.

6.RIGHTS OF CASH4CARDS LLC.

6.1 Changes to the Service. Cash4cards LLC may, at its sole discretion, change or remove some or all of Service and Website at any time. Cash4cards LLC reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that Cash4cards LLC will not be liable to you for any interruption of the Service, delay or failure to perform.

6.2 Change to the Agreement. Cash4cards LLC 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 Cash4cards LLC, Cash4cards LLC will notify you via e-mail or via a conspicuous notice on the Website.

6.3 Refusal of Service. Cash4cards LLC reserves the right to refuse service to anyone for any reason at any time. Cash4cards LLC 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 Cash4cards LLC’s sole determination you violate any provision of this Agreement, or for no reason.

6.4 Trademarks. All Cash4cards LLC graphics, logos, designs, page headers, button icons, scripts, and service names are registered or unregistered trademarks or service marks of Cash4cards LLC. Cash4cards LLC reserves all rights in said trademarks and service marks and no rights therein are granted or transferred hereunder. You shall not use any of Cash4cards LLC’s 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. Cash4cards LLC may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper or other automated means to access Cash4cards LLC 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 Cash4cards LLC 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 Cash4cards LLC.

8. INDEMNIFICATION.

8.1 Indemnity. YOU AGREE TO INDEMNIFY AND HOLD CASH4CARDS LLC 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 in all respects be interpreted, construed in accordance with and governed by the laws of the State of Florida and the federal laws of USA applicable therein. The Parties specifically exclude the application of the 1980 United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable.

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 any such action shall be in the courts of competent jurisdiction located in state of Florida, USA. The Parties agree that the above referenced courts shall have personal and exclusive jurisdiction over the Parties for any dispute arising out of this Agreement that is not covered by the arbitration provisions set forth herein.

10.4 Severability. In the event that any one or more of the provisions of this Agreement is for any reason held to be illegal or unenforceable in any respect, such illegality or unenforceability shall not affect the other provisions of this Agreement, which shall remain in full force and effect.

10.5 Force Majeure. Neither Party will be liable for any failure to perform due to unforeseen circumstances or causes beyond such Party’s reasonable control, including, without limitation, acts of God, war, riot, acts of civil or military authorities, delay in delivery by vendors, fire, flood, accident, strikes, inability to secure communication or transportation facilities or labor or materials. In the event of a force majeure event, such Party’s time for delivery or other performance will be extended for a period equal to the duration of the delay caused thereby.

10.6 Entire Agreement. This Agreement is the entire agreement between the Parties and supersedes all proposals, all prior agreements, commitments, oral or written, and 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 of this Agreement without the prior express written permission of Cash4cards LLC. Cash4cards LLC may unilaterally assign or delegate the rights and obligations of 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 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 Cash4cards LLC, please email Cash4cards LLC at support@Cash4cards LLC.com and we will work quickly towards a solution.