1. GENERAL PROVISIONS
1.1 Whereas Gift Card Treasures (defined below) possesses and operates the Platform (defined below) using various tools and features designed to help Sellers (defined below) present their offers of various Items (defined below) by enabling them to set up and operate their Seller Stores (defined below) on this Platform.
1.2 Gift Card Treasures.com allows the User to search for and view Items offered by the Seller Stores.
1.3 Gift Card Treasures is not the Seller unless otherwise indicated on the Platform. Gift Card Treasures does not purchase Items from Sellers and does not re-sell them to Buyers (defined below).
1.4 The offers and sales performed within Seller Stores are made between Sellers and Buyers only, while Gift Card Treasures solely provides tools and technology to host, set up, and operate Seller Stores, search and view Items offered by the Seller Stores, manage the purchases made from the Seller Stores, as well as provides certain additional services aimed at improving safety, speed, and certainty of the Transactions.
1.5 These Terms and Conditions define legal relations between Gift Card Treasures and Users (defined below).
2.1 Account – means an account kept on the Platform for a User.
2.2 Adjustments – mean any and all refunds, reversals, revokes, chargebacks, Penalties, returns, adjustments, fees, surcharges, expenses, interchange fees and similar fees and assessments, and other payments or amounts due from the Seller and/or from Gift Card Treasures as a result of the Seller’s breach of these Terms and Conditions, Regulations and/or any Intermediate Body Scheme Rules.
2.3 Affiliate – means a corporation, partnership, or other entity that is controlling Gift Card Treasures is controlled by Gift Card Treasures and/or is under common control with Gift Card Treasures For purposes of this definition, “control” means ownership, directly or indirectly, of at least fifty percent (50%) of the voting rights in such entity (or, in the case of a non-corporate entity, equivalent rights).
2.4 Buyer – means any natural and/or legal person buying an Item from a Seller offered at a Seller Store, or any natural and/or legal person buying Gift Card Treasures PLUS.
2.5 Consumer – means any Buyer, who is a natural person and who acts in relation to Gift Card Treasures for purposes, which are outside trade, business, craft, or profession.
2.6 External Seller Store – has the meaning given to it in section 5.5.1 herein.
2.7 Export Items to the External Seller Store – has the meaning given to it in section 5.5.1(a) herein.
2.8 Fee – means fees, surcharges, expenses, interchange fees, similar fees and assessments as well as other amounts due to the Services provided by Gift Card Treasures to a User, particularly fees and commissions from Sellers related to the Seller’s activity within the Seller Store, and fees related to Gift Card TreasuresPLUS.
2.9 Gift Card Treasures Balance – means a technical service in the scope of, among others, storing data that presents the records reflecting a User’s claim (in addition to the payment outside the Platform option), and Gift Card Treasures obligation to pay such claim to the User if it is due and undisputed.
2.10 Gift Card Treasures Materials – have the meaning given to it in section 11.1.1 herein.
2.11 Gift Card Treasures – means one (1) of the following companies that provide the Services according to these Terms and Conditions:
2.11.1 Gift Card Treasures Limited with its registered office in Hong Kong, address: 31/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong, business registration number 63264201; or
2.11.2 Gift Card Treasures LLC with its registered office in Las Vegas, address: 701 South Carson Street, Suite 200, Carson City, Nevada 89701, USA, entered into Nevada Registry Companies under no. E0627762014-7.
2.12 Import Items from the External Seller Store – has the meaning given to it in section 5.5.1(b) herein.
2.13 Intermediate Body – means an institution that participates in the transfer of payment between a Buyer and a Seller due to the Transaction, and between Gift Card Treasures.COM and a Buyer in case of Gift Card Treasures Plus, in particular banks, settlement agents, acquirers, entities operating payment systems, card organizations, electronic money institutions, payment service providers, or financial institutions.
2.14 Intermediate Body Scheme Rules – mean all current and future bylaws, rules, regulations, interpretations, and other guidelines promulgated by any Intermediate Body from time to time.
2.15 Indemnify – has the meaning given to it in section 12.4.1 herein.
2.16 Indemnification – has the meaning given to it in section 12.4.1 herein.
2.17 Indemnified Parties – have the meaning given to it in section 12.4.1 herein.
2.18 Item – means an instrument in electronic form, especially game activation code, gift card, and other types of vouchers as well as accounts and activation vouchers for in-game items, offered by a Seller within his Seller Store and which entitles the holder of such instrument to receive the Product outside the Platform.
2.19 Penalties – mean any fine and/or amount (including any associated costs) which may be levied on Gift Card TreasuresCOM and/or the Seller by a court, government authority, Intermediate Body due to breaches by the Seller of these Terms and Conditions, Intermediate Body Scheme Rules, and/or Regulations.
2.20 Products – mean goods and/or services to be supplied, and/or provided to the Item holder outside the Platform by a third party unrelated to Gift Card Treasures.COM.
2.21 Privacy and Cookies Policy – means a set of rules regulating the processing of personal data and privacy protection policies implemented by Gift Card Treasures.COM and its Affiliates. Privacy and Cookies Policy are available at https://www.Gift Card Treasures.com/privacy-policy.
2.22 Regulations – mean any applicable laws, statutes, statutory instruments, acts, regulations, orders, directives and guidelines issued by relevant government agencies, regulators, self-regulatory bodies, trade associations, or any other relevant trade and/or industry body rules applicable to a User.
2.23 Sanctions – mean any financial, economic, or trade sanction or restrictive measures established, applied, imposed, or enforced by government authorities of the People’s Republic of China, including Hong Kong, the European Union, the United Nations Security Council, the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury or the U.S. Department of State or any other competent authority.
2.24 Seller – means an entrepreneur, operating in any form, including sole proprietorship, corporation, partnership, or other entity, who operates a Seller Store.
2.25 Seller Store – means a dedicated separated space within the Platform with a unique name and unique address operated by a Seller for whom Gift Card Treasures.COM provides tools and functionalities to host, create, modify, and operate an online dedicated store within the Platform.
2.26 Platform – means a group of affiliated websites made available on the Internet in the domain Gift Card Treasures.com and/or the mobile app where Seller Stores are available.
2.27 Reflink – means a special website address generated by the specific functionality of the Platform, containing a unique identification of a User after clicking the Reflinked Person can see the Items offered on the Platform.
2.28 Reflinked Person – means a User who clicked on the Reflink placed by the other User, and therefore has a valid cookie in their web browser due to the click on that Reflink.
2.29 Services – mean services described in section 5.1 herein.
2.30 Terms and Conditions – mean these terms and conditions, including attachments, encompassing a set of rules regulating the use of the Platform and rights and obligations of Users and Gift Card Treasures.COM.
2.31 Transaction – means a sale transaction executed between the Buyer and the Seller via the Seller Store under which the Buyer purchases an Item from the Seller.
2.32 User – means the Seller, the Buyer and/or any third party uses the Services.
3.1 These Terms and Conditions shall apply to relations between Gift Card Treasures and the User.
3.2 Gift Card Treasures does not set terms and conditions between the Seller and the Buyer, including Gift Card Treasures.com does not determine terms and conditions of the Transaction between the Seller and the Buyer.
3.3 Buyer – determination of relevant Gift Card Treasures company.