TERMS TERMS AND CONDITIONS AND USER AGREEMENT THIS IS A LEGAL CONTRACT BETWEEN YOU AND GIFTCARDSALLEY.COMThis terms and Conditions, Site Access, User and Purchase agreement is a leagal contract between you and GIFTCARDSALLEY.COM and contains the terms and conditions that govern your relationship with us as well as your access to and use of the website, blogs, RSS feeds, auction services, promotional services, product services, marketplaces and other services (the "Services") available at GIFTCARDSALLEY.COM
This Agreement constitutes the entire agreement between us and you and supersedes and replaces all prior or contemporaneous commitments, undertakings or representations, whether written or oral, between you and us with respect to your use of the Sites and/or Services. Please read this Agreement and the Privacy Policy carefully - if you do not agree to any of the terms in this Agreement, you agree not to use the Sites or the Services.
YOUR ACCESS, USE, CLICKING ON THE "ACCEPT" BUTTON UPON REGISTRATION AND AT OTHER TIMES AS MAY BE REQUIRED DURING ANY PRODUCT PURCHASE CONFIRMATION PROCESS AND/OR THE DOWNLOAD IN ANY WAY OF ANY SERVICE FROM ANY SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AND YOUR AGREEMENT TO BE BOUND BY ALL OF ITS TERMS.
IF YOU DO NOT AGREE TO ANY TERM IN THIS AGREEMENT, DO NOT CONTINUE TO ACCESS AND USE THIS SITE OR ANY SERVICE. If the provisions of this Agreement conflict with those in the Privacy Policy, or any other policies, rules and information which may from time to time be posted on the Site (such as any Product Return Policy, Help Topics, and FAQ's), the terms of this Agreement will control.
POSTED ADVICE. Any bidding advice or other written advice posted on the Site (including but not limited to FAQ's, Help, How it Works, Testimonials, etc.) are provided solely as suggestions and are not intended to be relied upon by you. We disclaim, and are not responsible for, any actions taken by you due to any user, member or other person having read or been told about such advice.
BID IN MODERATION. We advise all Members (as defined below) to monitor their bidding practices. Placing Bids on Site(s) frequently or repeatedly can cause you to incur high costs. You therefore should pay attention to your Bidding practices and check your incurred charges regularly.
AMENDMENTS AND CHANGES
Changes to Site. We shall have the right at any time to change or discontinue any aspect or feature of any Site including, but not limited to Services, products, content, hours of availability, and equipment needed for access or use.
Changes to Agreement Terms. We shall have the right at any time to change, modify, add or delete any term(s) or condition(s) of this Agreement that apply to your use of the Site, the Services or any part thereof, and to or to impose new terms and conditions (including, but not limited to, adding fees and charges for use, and making other changes to or additions to this Agreement or the Privacy Policy or any other policy that may be posted from time to time). All of such changes, modifications, additions or deletions ("Changes") shall be effective immediately upon notice thereof, which we may accomplish by any reasonable means (including, but not limited to, posting the Changes on the Site, or through electronic or conventional mail), or by any other means by which you obtain actual or constructive notice thereof. YOUR CONTINUED USE OF ANY SITE AND/OR ANY SERVICE FOLLOWING THE POSTING OF ANY CHANGE WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE. IF YOU DO NOT AGREE TO ANY CHANGE, DO NOT CONTINUE TO USE ANY SITE OR ANY SERVICE.
YOUR MEMBERSHIP
Minimum Age. Children under the age of 18, or under the age of 21 if using the Site in AL, MS, NE, WY or any other Jurisdiction (as defined below) where the age of majority is greater than 18 (a "Minor"), may not become a Member, use any Site or any Service or authorize transactions on any Site. You confirm that you are at least 18 years of age and are not a Minor under applicable laws, including the laws of the your country, state, city, or other jurisdiction (each, a "Jurisdiction") of your residence. You confirm that you have the legal capacity to enter into this Agreement, that this Agreement will upon your use of any Site or Service will be legally binding on you, and that you meet all other eligibility requirements contained in this Agreement. You warrant that you have the right and authority to enter into and abide by, and that you will abide by, all of the terms of this Agreement.
Registration as a Member Required. Only registered Members may utilize a Site and participate in the Services, such as auctions and marketplace activities. Memberships are offered exclusively to individuals for personal use and enjoyment, and not to commercial resellers or retailers. A "Member" is an individual who is (i) not a Minor, (ii) is eligible to use the Services under applicable laws and this Agreement, and (iii) has completely and accurately completed the Site registration form and process. To become a Member, you must agree to all of the terms and conditions of this Agreement, and you must completely and accurately complete the Site registration form, which requires you to provide your legal name, your address, your e-mail address, your phone number, and your age at the time of registration, as well as any other identification information that we may request from time to time. If your address and billing information changes, it is your responsibility to update your Member information with us.
Limit of One (1) Account per Person. Members may not (i) activate or use more than one account, use a false or misleading name, address or e-mail address to activate or use an Account; or (iii) provide false or misleading information of any nature to us or our suppliers, payment providers and vendors. A Member's Account(s), including any product purchase rights, purchased Bids, bonus Bids, promotional credits , are not transferable to any other individual or entity. Accounts may not be merged, assigned or transferred. We reserve the right to limit in our sole discretion the number of Accounts per household. A single credit card may not be used in conjunction with multiple Accounts. You agree to be liable for all offensive or unlawful activities that are undertaken through or using your Account.
Your User Name and Password. As part of the registration process, you will choose your own user name and password for your Account. You will be responsible for maintaining the confidentiality of that password and for restricting access to your computer. We will never ask for your password except during login. You should never provide your password to anyone, including our employees. Your chosen username must not be offensive, rude, disparaging, or intended to deceive or delude other users. Your username may not advertise for other websites or services or otherwise violate the intellectual property rights of any third party. You agree that you are solely responsible for all activities that occur under or through the use of your user name and password. If we receive information that your username is illegal or in breach of this Agreement (as we determine in our sole discretion), your Account may be frozen until you change the username. We also may permanently close your Account without prior notice to you for any violation of this Agreement.
Electronic Signatures. You acknowledge and agree that by clicking the 'Bid button,' the 'Register button' or the 'submit button' or taking such other action that we may designate as a means of accepting this Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract with us. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, (a) YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, FORMATION OF CONTRACTS AND MAINTENANCE OF RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH ANY SITE OR ANY SERVICE BY YOU, and (b) you waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any Jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
The Marketplace. We operate the Site and make available the Services that enable Members to participate in online auctions and to view and to purchase products and services here at giftcardsalley.com. Member Account Termination. You have the right to terminate your Account at any time. Upon your request, we will close your Account and remove your personal information from view as soon as reasonably possible, based on your Account activity and in accordance with applicable law. We do retain personal information from closed Accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our rights under this Agreement, and take other actions otherwise permitted by law. When you delete your Account, your personal data is removed from our database unless we are required by law to save the data. As a rule it takes two to three business days for your information to be completely removed from all of our records. You will not be able to re-register under the same user name or email address for two months. If you decide to terminate your account, any bids in your account will not be refunded. We reserve the right to temporarily or permanently terminate your Account, in our sole discretion, if we determine or suspect you have violated this Agreement, any laws, or the rights of other Members or any third parties. Examples of unauthorized usage include, but are not limited to, the use of unauthorized third-party bidding or bid tracking software, or other fraudulent account activity or behavior. You agree that if we, in good faith and in our sole discretion, determine that you have breached this Agreement, we may withhold, cancel or otherwise retain any and all of your pending deliveries and/or refunds for Bids.
PRIVACY, MONITORING AND DISCLOSURE, BREACH
Your Privacy. Except as authorized in this Agreement or with our prior written consent, you agree not to use any information regarding other participants that is accessible from the Site or disclosed to you by us except to enter into and complete transactions. Without limiting the generality of the foregoing, you agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, otherwise objectionable conduct or otherwise inconsistent with our Privacy Policy. HOW AUCTIONS WORK AND BASIC SITE USAGE
Auctions. Auctions are a sale in which services, property and items of merchandise are sold to the highest bidder.The mechanics of each type of auction vary and each Member is responsible for reviewing and understanding the terms and conditions, rules and instructions for each such auction type. Members participate in auctions by placing offers to purchase Products at specific times and at specific purchase prices (each such offer being a "Bid") during the auction process.
Your Bid Or Offer To Buy Is Your Agreement. You acknowledge and agree that a Bid or offer to buy any Product is a legal offer to buy the Product. By entering into this Agreement and bidding on a Product, you agree to complete the transaction if you are the winning bidder. If any Bid you place, either manually or through the use of the Autobid System is declared the winning Bid, you agree to comply with your obligations under this Agreement to buy the Product(s) from us at the specific auction terms noted and at the winning Bid price. You will be held accountable if you do not fulfill this obligation. When we have accepted your Bid, you are obligated to complete the transaction as accepted by us. Accordingly, when you Bid on a Product on the Site, you are entering into a legally binding contract in which you express your binding intent to purchase the Product at the proposed Bid price. Purchasing Bids and Bonus Bids. Members who wish to participate in an auction must have Bids in their Account. You may purchase Bids for a particular auction from us on the Site on which such auction appears, in packages ("Bid Packs"). We may also award Bids to Members of our choosing as promotional items. You may find details regarding Bid Packs, Bid pricing and special offers on this Site under the "Buy Bids" button located in the menu bar at the top of the Site. You may pay for Bid Packs and Products purchased on a Site only through use of the payment services offered by authorized payment providers on such Site. How to Place a Bid. Members typically can place Bids online on a Site in two ways. You may place a Bid by physically clicking on the provided "Bid" button on such Site, or if we provide an automated bidding tool on the Site for the auction in question , you may place Bids using such bidding tool. When you place a Bid, it will be deducted from your Account. Paid Bids are always deducted prior to any Bonus Bid and other forms of unpaid Bids being deducted from a Member's Account.
Automated Bidding Tool. We may make available to you automated bidding tools ( "Autobid System") . You are solely responsible for determining whether an Autobid System is available to you for use on any auction and for your proper use of such Autobid System. By using an Autobid System, you agree that you have read and understand all of the rules and instructions on the Site relating to such Autobid System. When available and selected by you, our Autobid System will automatically place Bids on your behalf on the Product(s) that are the subject of the auction in question, until you have either been declared the winner of such auction or until all of the Bids you have allocated to be placed on your behalf by the Autobid System have been used. Your election to use an Autobid System during any auction is your agreement to purchase the Product, should you be declared the winning bidder, at the winning Bid amount determined by us. The Autobid System allows you to bid on an auction even if you are not online at that time. You are strictly prohibited from using bidding software not authorized by us. You agree not to use or launch any automated system (including without limitation, "robots," "spiders," "offline readers," etc.) to access any Service in any manner.
Auction Mechanics. With each Bid placed during an auction, the price of the Product on which the Member is bidding increases by the amount designated on the Site where the auction is being conducted. Each new Bid placed resets the "countdown timer" that displays the time remaining in the auction. For more information regarding how the reset timer works and the specific period of time that is added to the auction clock. The auction ends when the remaining time on the auction clock reaches zero. The Member with the highest Bid when the clock expires then wins the auction. All other Bids on the Product expire and are non-refundable. The highest bidder is determined according to the records in our database. Our determination of the last bidder shall be final. If your Bid offer is the highest Bid offer made at the end of an auction, the Bid constitutes a binding contract with us to purchase the Product of the auction at the Bid price and on the terms set out in the Site which provide the details for each specific auction. Retracting Your Bid. Once you have submitted a Bid to purchase any Product, it cannot be retracted. For clarification and without limitation, placing a Bid on another, similar Product, changing your mind, or your inability to pay for the Product are not grounds to retract a Bid or to cancel your agreement to purchase a Product if you are the winning Bidder. |
