Terms and Conditions

These terms of use were created on 12 February 2024

To use any of the functionality of this website (Site) for sellers, you must log in.

This Site is a service for Users (“You”), (“User(s)”). Cardpem.com is a peer-to-peer automated ‘escrow-like’ marketplace for electronic gift cards and vouchers exchange.

Card Personal Exchange Market (CardPEM) is a trading name of CARDPEM Limited; the Site is at: https://cardpem.com and the domain name: all belong to CARDPEM Limited (“We”), (“US”)

The Terms of Use (“Agreement”) for the Cardpem.com Site is made as of the Effective Date, by and between Cardpem.com, (“CARDPEM LIMITED”), 71-75 Shelton Street, Covent Garden, WC2H 9JQ, London and you, the party identified as the User (“User”).

CARDPEM Limited has developed and owns that certain Cardpem.com website (as defined from now on) for use and access by Users through the Internet; and

individuals (as defined from now on) and merchants (as defined from now on), collectively referred to as users, desire to access Cardpem.com and use the services (as defined from now on) under the terms and provisions of this Agreement; and

CARDPEM Limited desires to provide users (as described above) access to an online platform for a peer-to-peer automated escrow-like marketplace for electronic gift cards, and electronic voucher exchange where users can exchange gift cards/vouchers for cash with one another (User(s)).

Users(s) using the Site are subject to these Terms and agree to be bound by these Terms. In particular, we draw your attention to the mandatory arbitration provision in this Agreement, which you also accept by registering your account with us.

Please print a copy of these Terms for future reference.

We reserve the right to change these Terms from time to time; if it’s a minor change such as changes in the law or our arrangements with third parties, then, Users are responsible for checking the current terms on the Site by checking the version and date on which they were last modified which will be shown at the beginning of these Terms. If a fundamental change significantly alters the Services, we will notify Users individually.

NOW, THEREFORE, in consideration of the mutual benefits of the covenants and restrictions herein contained, users and CARDPEM Limited agree as follows:

These terms of use apply to all Users. Please see below the terms and conditions applicable to you. The default validation is that you do not accept these terms of use. You must opt-in by clicking the button that says you have accepted these terms of use to access the Service and if you use our Site to buy items for the case of a non-registered account user. If you have not read and understood these terms of use, please do not use the Service. By clicking the accept button or buying any item, you have executed a binding contract with us (the “Agreement”).

CARDPEM is available both for individual and merchant accounts.

A merchant user is a business that is either a manufacturer, wholesaler, or retailer of products or services. Merchants may use the website for commerce transactions with other companies or market and transact business directly with end-users (consumers) through the website.

An individual user (consumer) is a person or group using the Site for personal use, not business activities.

Please print or/and save a downloaded copy of the Agreement on your computer for reference. We may update the terms of this Agreement, or additional terms may apply from time to time.

Each time you visit the Service, please look out for these notices of updates and when you see these, read and print or/and save a downloaded copy.

The Service acts as a mere conduit. We do not initiate, modify, or select the receiver of any transmission through the Service.

We are not liable for any third-party content, and the UK Contract (Rights of Third Parties) Act 1999 and any other analogous provisions in the United Kingdom do not apply to the Service.

The Service is available for Users wholly and exclusively in the United Kingdom and the United States of America. The Service does not intend to direct any proportion of the website to any other jurisdiction. Please do not use the Service if you are not based within the above jurisdiction.

1. Account Registration

1.1 Registration is free. Users sign up on the Site, which must be accessed from a web browser and require an internet connection. You sign up with an email and password and must complete the sign-up form, email address, and password, confirm the password, agree to the terms and conditions, and optionally agree to receive marketing emails. Once validation succeeds, the User will receive a verification email containing a unique URL link and a one-time passcode via BulkSMS, which they can click to activate their account.

1.1.1 Buyers can buy without registering an account on the Site subject to these terms and conditions limiting such transactions.

1.2 Users must ensure that any registration details provided are accurate.

1.3 We use two-factor authentication 1, a confirmation link sent to your User email and a verification code to your mobile phone number to complete the account registration.

2. What is our policy on data protection?

2.1 Information related to individual persons and sensitive non-public data of legal entities (“Personal Data”) is afforded maximum confidentiality and security concerning safekeeping, transfer, and storage as applicable under the data protection law of the respective countries. We shall be responsible for and, under our responsibilities by law, have co-ownership of any Personal Data related to the Service.

2.2 In particular, (i) we shall comply with UK GDPR and the Data Protection Act 2018.

2.3 Any personal information submitted to or through the Site is governed by our website Privacy and Cookies Policy.

3. How do we deal with intellectual property rights?

3.1 We grant you a license to use the Service.

3.2 You acknowledge and agree that the intellectual property rights, including but not limited to any artistic works being any graphics or/and frames generated and displayed to the User or/and literary works being any design notes or programs such as add-ons or widgets as defined by Section 3(1) of the 1988 Act (as amended by the Copyright (Computer Programs) Regulations (1992) ) or/and database as defined by the Database Directive 1996 in the Service is our property and that the license granted to the User to use the Service does not imply title or rights of ownership in the Service.

4. Eligibility

Users must be 18 years of age to create an account on the Site.

5. How CARDPEM works

5.1 We shall provide the Site for owners of unused gift cards and vouchers to sell them for cash.

5.2 We only accept electronic gift cards, electronic vouchers, and machine-readable gift cards that you can scan from a picture on your phone.

5.3 Buyers and sellers can securely complete transactions by exchanging their unused gift cards and vouchers for low-discount cash with the help of our automated escrow payment system/process.

5.4. We operate an automated system that releases the details of the purchased gift card/voucher provided by the seller during the listing of the gift card, vouchers, and machine-readable gift cards to the buyer’s email, and the money of the item is kept in trust (Stripe Connect account in combination with our automated escrow process), pending validation by the buyer of that e-gift card or e-voucher for a maximum of 14 days of purchased and if the buyer fails to validate within the 14 days window, the money will automatically be available on the seller CARDPEM user account, which can be withdrawn anytime by the seller into their bank account or bank cards.

5.5 Once your gift card or voucher has been purchased, we will share the details of the purchased gift card or voucher with the buyer. Then, the buyer will have 14 days to confirm that the gift card or the voucher has the correct balance exactly what has been advertised, or notify us of any issues. After the buyer validates the gift card balance or voucher within the 14 days period the seller will have the cash to withdraw from our Stripe Connect account, via our Site (your account finances) to their bank account and use how they like.

If 14 days have passed without validation of the purchase by the buyer, this means you have consented to our system to automatically release the money to the seller of the gift card or voucher you have purchased.

In this scenario, if the buyer fails to confirm the purchase or raise a dispute with our customer support team within 14 days from the date of purchase, the purchase will be automatically deemed validated on the 14th day. Therefore, the buyer will not have the right to dispute the purchase for refund or any other reasons.

Within the 14 days to confirm/validate the purchased e-gift cards or vouchers, email and SMS reminders will be sent to the buyer on the 7th day and 12th day, respectively. The following is the content of the reminder messages that will be sent:

After 12 days since purchasing the (name) gift card on CardPEM, please remember to validate it as required. Please note that if you fail to validate your purchase within the 14-day period, our system will automatically release the payment to the seller of the card you purchased on CardPEM. You can easily validate the (name) gift card by using the link provided in the payment confirmation email. Thank you for using CardPEM.

5.6 We shall receive a commission for each successful exchange (transaction) of gift cards, and vouchers.

Commission

5.7 When a gift card/voucher is sold on the Site, we will charge a commission on the total amount for which the card has been sold. e.g., a gift card of the face value of £/$100 is listed by a CARDPEM account user for £95 or $95, and the User bought it for £95 or $95; CARDPEM will charge a commission from the £95. (i.e., 15.99% + £0.99 or $0.99) will be deducted from the £95 or $95, then the (seller will get) £78.82
or $78.82 will be deposited on the CARDPEM user’s account finances available to withdraw bank account anytime. Commission charges include the platform services fee and payment processing fee. Commission charges do not include signing up to use the Site. The three commission fee structures are as follows:

a. For the sale of gift cards or vouchers that are equal to or less than £50 or $50, a commission of 15.99% plus £0.99 or $0.99 will be charged.

b. For the sale of gift cards or vouchers that are greater than £50 or $50 and are equal to or less than £100 or $100, a commission of 15.99% plus £0.99 or $0.99 will be charged.

c. For the sale of gift cards or vouchers that are greater than £100 or $100, a commission of 15.99% plus £0.99 or $0.99 will be charged.

5.9 Users are responsible for checking the balance of the unused gift cards or vouchers before listing
them for resale and must confirm the balance in the case of a buyer that purchases the card before validating the gift card or vouchers that enable the release of the payment to the seller account.

5.10 Users access and use the Site subject to these terms and conditions. We grant users a personal, non-exclusive, non-assignable, and non-transferable license to use the software provided by the Site by or on behalf of CARDPEM (including any updates) only for access and use of the Site’s services solely for permitted use and for only as long as the User is not in breach of any of the terms of these terms and conditions and is currently in any of its commission payments to CARDPEM.

6. How does payment get processed

6.1 CARDPEM LTD’s partnership with Stripe guarantees Cardpem.com payments processes and systems to leverage Stripe connect account, licensed worldwide, including the Money transmitter license (MTL) in the United States and as an Electronic Money Institution regulated by the United Kingdom, Financial Conduct Authority.

6.1.1 Our automated ‘escrow-like’ model is built on Stripe’s Connect account to manage all payment transaction processes to ensure compliance with regulations and an additional layer of security to ensure the sellers’ and buyers’ peace of mind.

6.2 We accept payments on behalf of the seller from the buyer and then pay out to the seller. Funds owned by the buyer to the seller are never in possession or control by our Site. Instead, these funds are settled and held in Stripe’s regulated client money bank account via Connect for the seller before being paid out to the seller by Stripe via our platform-integrated withdrawal function to the seller’s bank account when the funds are available after the buyer has successfully validated the gift card balance or vouchers balance.

Stripe

6.3 Payment processing services for sellers on the Site are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a buyer or seller on the Site, you agree to be bound by the Stripe Services Agreement, as Stripe may modify the same from time to time. As a condition of CardPEM enabling payment processing services through Stripe, you agree to provide CardPEM accurate and complete information about you or your business, and you authorize CardPEM to share it and transaction information related to your use of the payment processing services provided by Stripe.

6.3.1 Cardpem.com Payout to users’ bank account via our platform withdrawal function, which is verified and secure by Stripe for all withdrawals of funds and is subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”).

Currency Conversion
6.3.2 CardPEM does not provide a currency conversion service. Any conversion service will be delivered by your third-party payment service provider or Stripe when transferring funds to and from your Account or making purchase with a currency different from the listed item.

7. Your responsibilities and benefits
7.1 You are responsible for pricing your unused gift card or voucher at a discount to its face value when listing it on cardpem.com.

7.2 You can list any brand gift cards or voucher with a verifiable value/balance on it from the United Kingdom and United States on the Site for free.

7.3. You can withdraw the proceeds from the sale of your gift cards or vouchers at any time and immediately when the funds are available in your user account.

8. Post Ads and respond to ads on the Site:

8.1 You must register an account with us to create and post an ad (also known as a “listing”) on the Site. Registering for a free account on the Site enables you to post your unused gift cards and vouchers anytime.

8.2 To post an ad on the Site, click on the “Sell” link on the homepage or your account dashboard and follow the instructions. By posting an ad on the Site, you are representing and warranting (which is a legal promise) to us that:

1. all the information you include in your ad will be truthful and, to the best of your knowledge and belief, accurate and not in any way misleading;
2. you agree to include sensitivities details of your unused e-gift cards or e-voucher, e.g., the image of the QR code or Barcode, PIN, and original URL link, receipt, or proof of balance during the listing (Sell), which will only be revealed to the buyer via email after payment is received/confirm by CardPEM and Stripe;
3. any photos or images you include in your ad will be current and accurate representations of the gift cards, and vouchers you are advertising, and you are responsible for the quality of images or photos of your post ads;
4. you have all necessary rights and permissions to advertise the gift cards and vouchers (note that we reserve the right to request proof of such rights and permissions) if need be;
5. Your listed gift cards and vouchers shall not be visible on browse or search of our Site after it has been purchased, but can be seen as a sold item on your ‘my card’/”product’ at your CARDPEM account dashboard;
6. It is the buyer’s responsibility to carefully review all the details (descriptions) of the gift cards or vouchers listed on our Site and make sure the gift card descriptions meet their needs in terms of location and how the buyer can redeem them before making any purchase;
7. you agree that any gift card or voucher bought by mistake can not be returned or refunded because the sensitive information of the gift card or voucher has been exposed to you;
8. all Post ads display the first name of the advertiser. By posting an ad, you consent to display such information as your first name from your CardPEM account profile and the date you made the post ad. Please get in touch with us via our ‘Contact Us’ to update any of the information on your profile e.g., your email;
9. all Post ads and responding to Post ads will comply with these Terms, including relevant clauses in these terms and conditions.
10. purchase cannot be cancelled if the gift card or voucher has already been delivered via email to the buyer’s email address;
11. any disputes about buying a gift card or voucher must be initiated within 14 days of the item purchase.
12. any gift card or voucher that has been validated by the buyer cannot be disputed.

It is forbidden and criminal to:

1. To post multiple ads for the same gift cards and vouchers at any time;
2. To post dummy or fake ads of gift cards and vouchers that do not have the correct balance of value;
3. Give false claims or cheat about the gift card or voucher Users listed or purchased on our Site.
4. Use the balance of the gift cards or vouchers after the Users Post Ads of it on our Site.

Users are responsible for the content of any ads you post to our Site, including any errors, omissions, or inaccuracies contained in such ads. We accept no liability to you or any other person for the content of any ads posted on our Platform. Please check the content of your ad immediately after posting it to the Platform to ensure you are happy with it. You may edit or remove any ads published on the Platform at any time by logging into your account and clicking ‘My Cards’ on your CardPEM account.

9. What are our reliability levels?

The unpredictability of the Internet is such that CARDPEM cannot always guarantee access to its Services. Your Internet speed and browser type, version, and security settings may adversely impact your experience and functionality of the Services. Email settings for spam filtering and email box routing at the User and email provider level may also adversely affect or block the delivery of important information from CARDPEM to you. CARDPEM is not liable for any direct, indirect, incidental, special, or consequential damages relating to any pranks, hoaxes, viruses, bugs, or any other form of technological failure, natural disaster, pandemic, or security breach that may prevent or interrupt access to or use of the Services.

10. What is our policy on acceptable Use of the Service?
You will be responsible for all activities using the Service, including securing access to your account. You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. We disclaim all responsibility and liability for the availability, timeliness, security, or reliability of the Service or any other client software. We also reserve the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

11. Our general policy

11.1 When we have credible evidence that you are using the Service for a suspected illegal activity, we may suspend your account while investigating the report. Once the investigation has been carried out, we can either restore or close the account. You shall not be entitled to a refund if your account is closed because it is being used for illegal activity.

11.1.2 Situations in which we will consider suspending your account: are when we receive notification from the police that the account is being used for criminal activity; we become aware of facts that indicate credibly that the account is being used for illegal activity; we receive an allegation with credible supporting information and evidence that the account is being used for criminal activity; we receive multiple allegations from different parties that the account is being used for illegal activity; the account is listed on our Phishing feed.

11.1.3 We will not suspend or close an account easily. We know that a person with a grievance against you may seek to disrupt your business by alleging that your account is being used illegally. We will only act on substantial credible evidence.

11.1.4 If a User or any third party should have a complaint or wish to make a report of our Service being used for illegal activity, then they may do so by writing to us at the Company’s address shown in the preamble to these terms of use or by sending an email to

info@cardpem.com.

12. What is illegal activity?

12.1 The following list is non-exhaustive:

• any material we judge to be threatening or obscene
• material protected by trade secrets and other statutes
• escort services or anything related to prostitution
• pirated software, also known as warez
• hacker programs or archives
• hate propaganda
• products designed to defraud others, e.g. satellite hacking equipment
• content that may be damaging to our servers or any other server on the Internet

If you are still determining whether the way you wish to use the Site falls into these categories, please contact us with a description before you sign up for an account or publish material as a user.

13. Our policy on liability

13.1 We shall not be liable for any indirect or consequential damages to you or third parties arising from your use of the Service. For the avoidance of doubt, the following shall be considered a non-exhaustive list of indirect losses, damages, claims, costs, charges and expenses (i) costs of recreating or reloading any of your information that is lost or damaged, provided; (ii) costs of implementing a workaround in respect to a failure to provide all or a portion of the Service or any part thereof; (iii) costs of replacing lost or damaged equipment, software and materials; and (iv) costs and expenses incurred by you due to failure of the Service for any reason whatsoever.

13.2 If we are liable in any case for such damages, then our total liability in connection with the Service shall be limited to the full commission received by us, if any.

13.3 As much as we are serious and continually improve the layers of security with innovative technology on
the website to ensure legitimate transactions between sellers and buyers of unused gift cards and vouchers, we are not liable responsible for theft, loss of funds, or fraud.

13.4 We agree that despite any limitation or exclusion of liability agreed to in these terms of use, any such limitation or exclusion shall only apply if and to the extent such exclusion is permissible under the applicable law.

13.5 Dispute Resolution between Users

Disputes can be resolved between buyers and sellers that use our Site as follows:

1. Dispute initiation: When a dispute arises between the buyer and the seller, the first step would be for either party to initiate a dispute. This can be done by contacting our customer support team using ‘Contact Us’, who would then initiate the dispute resolution process.
2. Evidence submission: The buyer and the seller would be required to submit evidence to support their respective claims. This evidence could be in the form of order details, screenshots of Post Ads of the items, receipts, gift cards or vouchers’ current balance with the date when the item was listed, current balance with the date after a dispute of the item is raised, identification documents, and any other relevant documentation. The evidence submitted would be reviewed by the dispute resolution team.
3. Mediation: In some cases, the dispute can be resolved through mediation. A mediator would be appointed by our customer support team to facilitate negotiations between the buyer and the seller. This is to help all parties reach a mutually acceptable resolution.
4. Arbitration: If mediation fails, the dispute will proceed to arbitration. An arbitrator would be appointed by our customer support team to review the evidence submitted and make a binding decision. The decision of the arbitrator would be final and binding on both parties. Note: Any associated fees for appointing an Arbitrator would be deducted from the net total funds in our custody.
5. Refund or release of funds: Once the dispute has been resolved, ‘WE’ would either refund the buyer or release the funds to the seller (Note the refund amount may exclude the platform fees and other associated costs (e.g., Arbitrator or administration fees) incurred from the dispute resolution process, depending on the outcome of the dispute resolution process.
6. The refund will be credited to the winner of the dispute resolution bank account if it is the seller or the transfer to the payment card used to make the purchase if it is the buyer.
   It’s important to note the general principles of fairness, impartiality, and transparency should always be followed to ensure that disputes are resolved in a timely and efficient manner, which can take up to 28 business days from the day the dispute is initiated.

14. MISCELLANIOUS

14.1 Force Majeure
Neither party shall be liable to the other party for any delay or failure to perform obligations under this Agreement to the extent the delay or failure is due in whole or in part to any acts of God such as fire, explosion, flood and storm, or to war, civil disturbance, governmental action, embargo, failure of power or any other similar cause beyond the reasonable control of a Party (herein referred to as “Force Majeure”), provided the affected party provides the other party with notice in writing of the Force Majeure event within a reasonable time after its occurrence. For the avoidance of doubt, a Force Majeure event does not include (i) any event which was reasonably foreseeable by the affected party to the extent that the affected party could have avoided the relevant event, (ii) the financial failure or other failures in performance of any Representatives of the affected Party, (iii) malicious damage or acts of sabotage by any of the Representatives of the affected Party. Neither party shall be required to pay any periodic fees, charges, costs or expenses hereunder to the extent and for the duration of any such failure by the other party, provided that either party may terminate the Agreement upon notice in writing in the event such delay continues for more than sixty (60) days.

14.2 Indemnification for Infringement of Third-Party Rights.
You now expressly agree to indemnify, defend and hold us harmless at your own cost from and against any damages, losses, demands, fees, and expenses, including without limitation reasonable solicitors or attorneys’ fees and other consultants’ fees or charges and any additional costs to the extent resulting from any claims, suits or proceedings brought against us by any third party that alleges that your use of the Service (i) infringes any Intellectual Property rights, or (ii) causes any death or personal injury to third parties, or (iii) violates the obligations concerning third party Confidential Information and Personal Data Protection of third parties.

14. Jurisdiction.

The Parties expressly and irrevocably agree that this Agreement and the relationship of the Parties shall be governed by and construed solely under English law. In addition, the Parties expressly and irrevocably agree that any dispute, suit, action, or proceedings, which may arise out of, or in connection with, this Agreement shall be submitted to any court that has the closest nexus to the location where the obligation to perform the Service either took place or was anticipated to take place. The Parties may assert forum non-conveniens.
 

15. Invalidity of Provisions.

If any of the provisions of this Agreement are held to be illegal, invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect insofar as the purpose of this Agreement is not destroyed by the invalidity or illegality.

16. Independent Contractor.

The relationship of the Parties established by this Agreement is that of independent contractors. Nothing contained in this Agreement shall be construed to give either party the power to direct or control the day-to-day activities of the other or to constitute the Parties as partners, joint venturers, co-owners or otherwise as participants in a joint or common undertaking.

17. Dispute Resolution

17.1 The Parties wish to resolve disputes arising under this Agreement expeditiously, amicably, and at the level within each party’s organisation that is most knowledgeable about the disputed issue. The Parties understand and agree that the procedures outlined in this Clause 18.1 are not intended to supplant the routine handling of inquiries and complaints through informal contact with customer service representatives or other designated personnel of the Parties. Accordingly, for purposes of these procedures, a “dispute” is a disagreement that the parties have been unable to resolve by the normal channels ordinarily used for such matters. Before you may submit any dispute arising under this Agreement to arbitration, you will follow the informal and escalating procedures below.

17.2 You will notify us in writing of the dispute. We agree to exercise reasonable faith efforts to resolve the matter expeditiously.

17.3 If the matter in dispute remains unresolved more than twenty-eight (28) days following the delivery of the written notice, a senior representative of each party will participate in an in-person meeting or telephone conference call to resolve the matter within twenty-eight (28) days of a request by a party for such meeting or conference call.

18. Arbitration

18. Any dispute or claim arising out of or in connection with this Agreement it or its subject matter or formation (including non-contractual disputes or claims) shall be resolved by mandatory arbitration under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed under the said Rules. English Law shall govern the arbitration.

18.1 This means that all parties (‘you’ and ‘the Company’) are giving up the right to sue each other in court or class actions of any kind. And the Parties may not assert forum non-conveniens or challenge the legality of this arbitration provision.

19. Titles and Headings.

Titles and headings to articles, sections, or paragraphs in this Agreement are inserted for convenience of reference only. They are not intended to affect the interpretation or construction of this Agreement.

20. Severability.

The provisions of this Agreement shall be severable. If any provision of this Agreement is invalid or unenforceable, it shall be construed to have the broadest interpretation, rendering it valid and enforceable.

21. Entire Agreement.

This Agreement constitutes the Parties’ entire Agreement concerning the subject matter hereof, and all prior or contemporaneous agreements not expressly contained in this Agreement are superseded.