Last Updated November 27, 2012
1. Use of Service
morphCARD provides a place for you to store, buy, sell and exchange gift cards online (the “Service”).
This Service is for Users who are eighteen (18) years of age or older. Any products intended for individuals under the age of eighteen will be sold only to adults who can consent to a binding contract and purchase with a credit card or other permitted payment method. Anyone registering, using or accessing the Service under 18 years of age must be an emancipated minor or possess legal parental or guardian consent/ involvement, and are fully able to enter into the terms of morphCARD, including any obligations, affirmations, representations, conditions, and warranties set forth in these Terms, and to abide by and comply with these Terms. By using this Service, users acknowledge that they are eighteen (18) years of age or older, or are an emancipated minor, or possess legal parental or guardian consent/involvement. Any Users deemed fraudulent or previously suspended from the Service by morphCARD are not eligible to use the Service in any way. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
morphCARD grants you a limited license to access and make personal use of this Site without registering for an account. You will need to register for an account to gain access to certain features of morphCARD (such as storing, buying, selling, and exchanging gift cards). To register for an account, you will be required to provide the following information: legal and current name, home address, and an active email address. You agree that the information provided upon registration and any other times when personal information is required, will be accurate, current, and complete. You agree to keep your information accurate and current at all times. When you register, you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. By registering with the Service, you agree to employ the necessary safeguards to protect your password.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree that you accept responsibility for all activities that occur under your account or password. You agree to take reasonable safeguards to protect your account from losses caused by any unauthorized use of your account. By providing morphCARD your email address you consent to be e- mailed regarding Service-related notices, including any notices required by law. These notices take place in lieu of postal mail where no such communication will occur. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted under relevant laws. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by contacting us in writing at firstname.lastname@example.org. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
We grant Site visitors limited license to access and use morphCARD for personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of morphCARD as set forth in these Terms, and consistent with the intended features of morphCARD as long as you are in compliance with the set forth terms. You may not use this license for any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of morphCARD. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of morphCARD without express written consent. You may not use any meta tags or any other “hidden text” utilizing morphCARD's name or trademarks without the express written consent of morphCARD. Any unauthorized use terminates the permission or license granted by morphCARD. You are granted a limited, revocable, and nonexclusive license to create a hyperlink to the home page of morphCARD.com so long as the link does not portray morphCARD, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any morphCARD logo or other proprietary graphic or trademark as part of the link without express written permission. morphCARD reserves the right to interrupt the Service without prior notice for any reason which includes no reason.
2. Gift Cards
morphCARD may permit you to store, buy, sell, or exchange certain gifts cards, codes, or the like that are redeemable for goods and services from third parties. Gift card transactions through the Service are governed by both the terms printed on the gift card itself or provided by the gift card issuer, and by these Terms. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. morphCARD is not responsible for any taxes left unpaid by you which are in connection with transactions conducted through the Service.
A. Storing Gift Cards
morphCARD may allow you to store gift cards. In storing gift cards, you may save information on the website pertaining to the card, including but not limited to gift card number, gift card value and merchant. The information will be stored on our server and encrypted. You acknowledge and agree that you are responsible for entering accurate information that is also up to date. You are responsible for the validity and accuracy of the information you store. morphCARD is not responsible for the validity of the gift cards stored on the platform. In the instance of a merchant refusing to accept a gift card stored on our Site, morphCARD will not be liable. Please see section 7 for security terms.
B. Buying Gift Cards
The Service may allow you to buy gift cards. You acknowledge and agree that you must pay for such gift cards with a valid credit card that you are authorized to use or by other methods as the Service may allow. morphCARD attempts to be as accurate as possible, however morphCARD does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered by morphCARD itself is not as described, you may return it in unused condition. morphCARD may use gift card identification numbers to track all transactions made under that gift card to ensure the gift card is returned in unused condition.
You should receive the gift card you purchased within three (3) weeks of the date of purchase. You are responsible for verifying the amount of the gift card upon receipt. If your purchased card is invalid, or the balance of the purchased gift card upon your receipt is less than the balance indicated in the purchase transaction, you must contact us within seven (7) days of receipt of gift card at email@example.com. morphCARD will email you a form that must be filled out properly within 30 days and return to morphCARD per the instructions given on the form. We will then investigate your claim and if we determine that your claim is valid, and you complied with the steps above within 30 days of receipt of the form, and if you have not reached the $500 lifetime limit per customer, morphCARD, in its sole discretion, will either: provide you with a gift card for the same merchant as the gift card earlier purchased; or issue you a refund for the disputed amount. “$500 lifetime limit” means that users can only claim up to $500 per user account lifetime.
C. Selling and Exchanging Gift Cards
The Service allows you to sell electronic gift cards and physical gift cards.
In selling electronic gift cards, you must first submit to our Site your gift card’s merchant, identification number, and value. For all merchants existing in the morphCARD system, an offer will be automatically generated, where you may click the “Accept Offer” button and execute a sales agreement with morphCARD. If your gift card is to a merchant which is not found on the Site, morphCARD will review your offer before executing the transaction.
In selling physical gift cards, you must first submit to our Site your gift card’s merchant, identification number, and value. You must also provide your physical mailing address. morphCARD will review the information submitted, and if acceptable, will mail you an envelope with prepaid postage You will mail your physical gift card to morphCARD using the prepaid envelope.
Should morphCARD agree to accept your gift card for sale, and after receiving the physical gift card or the information of the electronic gift card, morphCARD will transfer the amount on the sold gift card to a new gift card. A check will be mailed to you after the amount has been transferred, and the balance on the sold gift card will be zeroed out.
The Service also allows you to exchange gift cards. In exchanging electronic gift cards, you must first submit your gift card’s merchant, identification number, and value to our Site. For all merchants existing in the morphCARD system, an exchange offer will be automatically generated, and you may select an existing card on the Site for which you want to exchange. You may then enter your credit card/debit card information and and finalize the transaction by clicking the “Submit Exchange” button.
In exchanging physical gift cards, you must first submit your gift card’s merchant, identification number, and value to our Site. You must also provide your physical mailing address. morphCARD will mail you an envelope with prepaid postage, and you will send your physical gift card to morphCARD using the prepaid envelope.
After receiving the physical gift card or the information of the electronic gift card, morphCARD will transfer the amount on the sold gift card to a new gift card. The balance on the original gift card will be zeroed out. morphCARD will mail you the exchanged gift card you selected after the balance on your previous gift card has been transferred to a new card.
a. Exchanging Gift Cards of Unequal Values
If the gift card you opt to exchange has a higher value than the gift card you select to receive, you will not receive a refund for the discrepant amount. You may receive a partial or full discount on the fee that might be charged to you. See ‘Fees’ below.
If the gift card you opt to exchange has a lower value than the gift card you select to receive, you will be charged for the discrepant amount.
Fees may be charged for exchanging gift cards not originally purchased through morphCARD. Fees will vary depending on the merchant of the gift card you submit.
You hereby warrant and represent and continue to warrant and represent, in connection with any gift card you sell or exchange through or on the Service, the following: 1. the gift card is valid; 2. the gift card is redeemable for the amount of credit stated through the sale or exchange process; 3. You will not use or redeem the gift card after selling or exchanging the card; 4. the gift card is fully transferable; 5. you are the sole lawful owner of the gift card; 6. you are in compliance with, and/or are not in violation of, the terms and conditions set forth by the issuer of the gift card; 7. the gift card is not subject to any liens, obligations, or encumbrances of a third party; 8. you shall comply with all other requirements to complete the gift card transaction including shipping instructions, required by the Service; 9. if the card in morphCARD’s inventory for which you exchange has a higher amount than the card being exchanged, you will be charged the difference; 10. and a card may be exchanged for free once only if it was purchased through morphCARD and does not include exchanging an existing gift card for a gift card through morphCARD. Once you confirm a sale or exchange of a gift card to morphCARD, you agree to transfer ownership of the actual/physical gift card and any interest therein to morphCARD. You agree that no portion of the gift card and any interest therein will be redeemed at any point during or after the transaction takes place. You further agree that you will be charged a replacement fee if the gift card proves to be invalid. The replacement fee will be equal to the balance that you reported at the time of the transaction plus an additional $8 service fee. We do not offer any refund if the card being exchanged has a higher amount than the card you are exchanging for in morphCARD’s inventory. morphCARD is not responsible for any errors made in entering gift card information for storing, selling, or exchanging gift cards and is not liable for any such errors. We reserve the right to reject any card or cards that we believe may be fraudulent or stolen, or which may have come from an unauthorized source, or which otherwise may pose a financial risk to us, our users, or merchants and gift card issuers. Generally, we will return cards we elect not to accept within seven (7) business days of receipt. morphCARD will not return fraudulent gift cards to the sender and sender will be liable for fees set forth above. Sending a gift card or gift cards to morphCARD in no way obligates us to accept ownership of such gift card or gift cards.
D. Fees and Payments
All items sent to you from morphCARD are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon morphCARD’s delivery to the carrier.
All items sent from you to morphCARD are made pursuant to a destination contract. The risk of loss and title for such items remain with you until morphCARD receives the items from the carrier. MorphCARD does not take title to returned items until the item arrives at our place of business.
In order to prevent a financial loss to you or us, we may place a delay on a payment for a period of time, or limit funding instruments for a transaction, or limit your ability to make a purchase, or deactivate your account. Further, we may contact your credit card or debit card issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with if we believe doing so may prevent financial loss or violation of the law. If you leave a balance unused for the period of time set forth by your state, country, or other governing body in its unclaimed property laws, or if you delete your account and leave a balance, or if we deactivate your account and you do not meet any conditions necessary to reinstate it within six (6) months, we may process your balance in accordance with our legal obligations, including submitting funds associated with your balance to the appropriate governing body as required by law.
E. Transaction Guarantee
morphCARD attempts to be as accurate as possible, however morphCARD does not warrant that product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. If a product offered by morphCARD itself is not as described, you may return that product If you return a product, you must meet the following criteria: 1. the gift card is in the same condition in which it was received; 2. the gift card is redeemable for the amount of credit that you state through the Service; 3. the gift card is and will continue to be valid; 4. the gift card has not been used since the original purchase date and will continue to not be used henceforth; 5. that you have not in any way retained a way to redeem the gift card; 6. the gift card is fully transferable to morphCARD in the manner contemplated by these Terms and by any agreements with third party issuers; 7. you are the sole lawful owner of the gift card and all interests thereto; 8. the gift card is not subject to any liens, obligations, or encumbrances of a third party; and 9. you shall comply with all other requirements to complete the gift card transaction, including, without limitation shipping instructions, required by the Service. All claims governed by and within the scope of the transaction guarantee must be submitted by emailing firstname.lastname@example.org within thirty days (30) days of the disputed transaction. You shall not, directly or indirectly, be eligible to utilize the transaction guarantee for transactions exceeding an aggregate amount of five hundred dollars ($500.00) lifetime limit. Transaction guarantee program does not apply to electronic gift cards or mobile gift cards due to the nature of those programs. morphCARD reserves the right to limit or discontinue the transaction guarantee in our sole discretion, including without limitation if we believe that you have engaged in fraud or other unlawful activities. With respect to transactions that fall within the scope of the transaction guarantee, in the event that other provisions on the Service and the terms of this Section conflict, this Section E shall govern.
F. Dispute Resolution
Generally, if a dispute arises between morphCARD and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute in a timely manner. Accordingly, you and morphCARD agree that the parties will resolve any claim at law or equity that arises out of this agreement or (a "claim") in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. We pride ourselves on customer service. Please contact us directly before taking any legal action. These Terms shall be governed in all respects by the laws of the State of Ohio without regard to conflict of law provisions. To the extent that any lawsuit or court proceeding is permitted hereunder, you and morphCARD agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Franklin County, Ohio for the purpose of litigating all such claims or disputes. For any claim (excluding claims for injunctive or other equitable relief) under this agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: 1. the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; 2. the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and 3. any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. YOU AND MORPHCARD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR MORPHCARD’S SERVICE MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ARISES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
3. Proprietary Rights
All of the content provided on morphCARD and the Service including visual interfaces, text, graphics, design, logos, button icons, images, compilation, information, computer code, products, software, services, and all other elements of morphCARD are protected by United States copyright, patent, and trademark laws, international conventions, and all other relevant applicable laws. Except for any Content Submissions, all Materials contained on morphCARD are the copyrighted property, or in the case of gift cards, the gift card issuers and merchants at which the cards may be redeemed. All graphics, logos, page headers, button icons, scripts, trademarks, trade dress, service marks, and trade names are proprietary to morphCARD or its affiliates and/or third-party trademark owners. Except as expressly authorized by morphCARD, you agree not to license, copy, modify, sell, publicly perform or display, transmit, publish, distribute, adapt, create derivative works from, edit, or otherwise make unauthorized use of materials. morphCARD trademarks and trade dress may not be used in connection with any product or service that is not morphCARD’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits morphCARD.
A. Third-Party Services and Products
morphCARD may include links to other web sites or services solely as a convenience to users. morphCARD does not endorse any such sites or the information, or products contained on third party sites. Furthermore, morphCARD makes no express or implied warranties with regard to the information or products that are contained on or accessible through third-party sites. Access and use of these sites is solely at your own risk. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through morphCARD are solely between you and such advertiser. You agree that morphCARD is not and will not be responsible or liable for any loss or damage incurred on these third- party sites.
Parties other than morphCARD may provide services or sell products on this Site. morphCARD is not responsible for examining or evaluating, and we do not warrant the offerings of any these businesses or individuals. morphCARD does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties.
4. No Warranty
EXCEPT AS OTHERWISE DESCRIBED IN SECTION 2.E, THE SERVICE AND GIFT CARDS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND GIFT CARDS ARE PROVIDED WITHOUT REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MORPHCARD, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. MORPHCARD MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING GIFT CARDS PURCHASED OR SOLD THROUGH MORPHCARD; AND THE MORPHCARD TRANSACTION GUARANTEE IS YOUR SOLE AND EXCLUSIVE REMEDY AS TO ANY PROBLEMS THAT ARISE RELATED TO THE PURCHASE AND SALE OF GIFT CARDS THROUGH MORPHCARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
5. Limitation of Liability
You agree to defend, indemnify and hold harmless morphCARD and other affiliated companies, and their employees against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses including but not limited to attorney's fees arising from: 1. your use and access to the Service, including any data or content transmitted or received by you; 2. your violation of any of these Terms, including any breach of the representations and warranties above; 3. your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; 4. any claim or damages that arise as a result of any data or content that is submitted; or 5. any other party’s access and use of the Service with your username (e-mail), password or other appropriate security code.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal or gift card information for improper purposes. You acknowledge that you provide your personal and gift card information at your own risk.