Last Updated: December 23, 2024
1. Agreement Overview
These Terms of Service ("Terms") constitute a legal agreement between you ("User," "you," or "your") and GiftKori LLC ("Company," "we," "us," or "our") regarding the use of our gift card exchange platform. By accessing our website at https://giftkori.org or using our services, you agree to be bound by these Terms.
2. Service Description
GiftKori operates as a secure marketplace platform that facilitates gift card transactions between verified users. Our services include:
- Gift card listing and trading marketplace
- User verification and identity authentication
- Escrow services for secure transactions
- Dispute resolution and customer support
- Fraud prevention and security monitoring
- Payment processing facilitation
3. User Eligibility and Account Requirements
3.1 Age Requirements
You must be at least 18 years old to use our services. Users under 18 are prohibited from creating accounts or engaging in any transactions on our platform.
3.2 Identity Verification
All users must complete identity verification including:
- Government-issued photo identification
- Phone number verification
- Email address confirmation
- Additional verification as required for security
3.3 Account Responsibilities
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Providing accurate and up-to-date information
- Notifying us immediately of any unauthorized account access
4. User Conduct and Prohibited Activities
4.1 Acceptable Use
Users must use our platform lawfully and in accordance with these Terms. You agree to:
- Only trade legitimate, unused gift cards that you own
- Provide accurate descriptions of gift cards being sold
- Complete transactions in good faith
- Respect other users and our support staff
4.2 Prohibited Activities
The following activities are strictly prohibited:
- Selling stolen, fraudulent, or illegally obtained gift cards
- Using the platform for money laundering or illegal financial activities
- Creating multiple accounts to circumvent limits or bans
- Attempting to defraud other users or the platform
- Harassing, threatening, or abusing other users
- Circumventing security measures or accessing unauthorized areas
- Using automated tools or bots without permission
5. Gift Card Trading Rules
5.1 Seller Obligations
Sellers must:
- Own the gift cards they list for sale
- Provide accurate card information and balances
- Deliver card details promptly after payment
- Ensure cards have not been previously used or compromised
5.2 Buyer Obligations
Buyers must:
- Pay for purchases promptly and in good faith
- Verify gift cards within the specified timeframe
- Report any issues immediately to customer support
- Use purchased gift cards in accordance with issuer terms
5.3 Transaction Limits
We may impose trading limits based on:
- Account verification level
- Trading history and reputation
- Risk assessment and security considerations
- Regulatory requirements
6. Escrow and Payment Processing
6.1 Escrow Services
Our escrow service protects both buyers and sellers by:
- Holding buyer payments until transaction completion
- Providing a verification period for gift card validation
- Facilitating dispute resolution when issues arise
- Releasing funds only when both parties are satisfied
6.2 Payment Terms
Payment processing is subject to:
- Successful completion of verification requirements
- Compliance with anti-money laundering regulations
- Payment processor terms and conditions
- Applicable fees and processing times
7. Fees and Charges
7.1 Platform Fees
GiftKori charges the following fees:
- Transaction fees for successful sales (percentage-based)
- Payment processing fees (varies by payment method)
- Premium service fees (optional enhanced features)
7.2 Fee Transparency
All fees are clearly displayed before transaction completion. We do not charge hidden fees or surprise costs.
8. Intellectual Property
8.1 Platform Rights
GiftKori retains all intellectual property rights in our platform, including:
- Website design, code, and functionality
- Trademarks, logos, and branding
- Proprietary algorithms and security measures
- Content, documentation, and educational materials
8.2 User Content
Users retain ownership of content they create but grant us license to use such content for platform operations.
9. Privacy and Data Protection
Our collection, use, and protection of personal information is governed by our Privacy Policy. By using our services, you consent to our privacy practices as described in the Privacy Policy.
10. Disclaimers and Limitations
10.1 Service Disclaimers
Our platform is provided "as is" without warranties of any kind. We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose.
10.2 Limitation of Liability
Our liability is limited to the maximum extent permitted by law. We are not liable for:
- Indirect, consequential, or punitive damages
- Loss of profits, data, or business opportunities
- Damages exceeding the fees paid for the specific transaction
- Third-party actions or failures
10.3 Gift Card Disclaimers
We are not responsible for:
- Gift card terms, conditions, or expiration policies set by issuers
- Changes in gift card value or acceptance by merchants
- Technical issues with gift card systems operated by third parties
11. Dispute Resolution
11.1 Internal Resolution
We provide dispute resolution services for transaction-related issues. Our support team investigates disputes and makes decisions based on evidence and platform policies.
11.2 Binding Arbitration
Disputes that cannot be resolved through our internal process may be subject to binding arbitration in accordance with applicable arbitration rules.
11.3 Governing Law
These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.
12. Account Suspension and Termination
12.1 Termination Rights
We may suspend or terminate accounts for:
- Violation of these Terms of Service
- Fraudulent or illegal activities
- Failure to complete identity verification
- Suspected security breaches
- Extended periods of inactivity
12.2 Effect of Termination
Upon termination:
- Account access is immediately revoked
- Pending transactions are handled according to platform policies
- Applicable refunds are processed as appropriate
- User data is handled according to our Privacy Policy
13. Regulatory Compliance
13.1 Anti-Money Laundering
We comply with anti-money laundering (AML) and know-your-customer (KYC) regulations, including:
- User identity verification requirements
- Transaction monitoring and reporting
- Suspicious activity detection and reporting
- Record-keeping as required by law
13.2 Tax Responsibilities
Users are responsible for reporting and paying applicable taxes on their gift card trading activities.
14. Changes to Terms
We reserve the right to modify these Terms at any time. Material changes will be communicated through:
- Email notifications to registered users
- Prominent website notices
- In-app notifications for mobile users
Continued use of our services after changes constitutes acceptance of updated Terms.
15. Contact Information
For questions about these Terms or our services, please contact us:
16. Severability and Entire Agreement
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and GiftKori regarding the use of our services.
17. Effective Date
These Terms of Service are effective as of December 23, 2024, and apply to all users of GiftKori's services from that date forward.