1. GENERAL PROVISIONS
1.2 GiftCardGems.com allows the User to search for and view Items offered by the Seller Stores.
1.3 GiftCardGems is not the Seller unless otherwise indicated on the Platform. GiftCardGems 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 GiftCardGems 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 GiftCardGems 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 GiftCardGems 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 GiftCardGems, is controlled by GiftCardGems, and/or is under common control with GiftCardGems. 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 GiftCardGems PLUS.
2.5 Consumer – means any Buyer, who is a natural person and who acts in relation to GiftCardGems 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 GiftCardGems to a User, particularly fees and commissions from Sellers related to the Seller’s activity within the Seller Store, and fees related to GiftCardGemsPLUS.
2.9 GiftCardGems 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 GiftCardGems obligation to pay such claim to the User if it is due and undisputed.
2.10GiftCardGems Materials – have the meaning given to it in section 11.1.1 herein.
2.11 GiftCardGems – means one (1) of the following companies that provide the Services according to these Terms and Conditions:
2.11.1GiftCardGems 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 GiftCardGems 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 GiftCardGems.COM and a Buyer in case of GiftCardGems 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 GiftCardGems.COM 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 GiftCardGems.COM.
2.21 Privacy and Cookies Policy – means a set of rules regulating the processing of personal data and privacy protection policies implemented by GiftCardGems.COM and its Affiliates. Privacy and Cookies Policy are available at https://www.GiftCardGems.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 GiftCardGems.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 GiftCardGems.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 GiftCardGems.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 GiftCardGems and the User.
3.2 GiftCardGems does not set terms and conditions between the Seller and the Buyer, including GiftCardGems.com does not determine terms and conditions of the Transaction between the Seller and the Buyer.