Gift Cards: Terms and Conditions

Introduction

By purchasing, accepting, or using the eBay Gift Card in physical or digital form (“Gift Card”) and in consideration for your right to use the Gift Card, you agree to be bound by these terms and conditions (the “Terms and Conditions”) and the terms and conditions contained in the eBay User Agreement (the “eBay User Agreement”), which are incorporated herein by reference. In the event of any conflict between these Terms and Conditions and those contained in the eBay User Agreement, these Terms and Conditions shall prevail. These Terms and Conditions constitute a contract between you and eBay Gift Card Services, Inc. (“Issuer”). In these Terms and Conditions, “you” and “your” means the person or cardholder who has purchased or received or possesses a Gift Card and “we” or “our” means Issuer. The eBay User Agreement is a separate contract between you and eBay Inc., an affiliate of Issuer.

Please be advised that these Terms and Conditions contain provisions that govern how claims you and we have against each other are resolved (see “Disclaimer of Warranties; Limitation of Liability” and “Legal Disputes” provisions below). It also contains an AGREEMENT TO ARBITRATE which will, with limited exception, require you to submit claims you have against us or our agents and related third parties to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Legal Disputes, Section B (“Agreement to Arbitrate”)). If you do not opt out: (1) you will only be permitted to pursue claims against us or our agents and related third parties on an INDIVIDUAL BASIS, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

About Your Gift Card

The Gift Cards are issued by Issuer. Issuer is responsible for the operation and maintenance of the Gift Card program. Issuer is the sole legal obligor to you, the cardholder; provided, however, that Issuer may assign its obligations with respect to the Gift Card at any time, in which case such assignee shall become the Issuer and sole legal obligor to the cardholder. eBay Inc. and its affiliates and related entities (other than Issuer) bear no responsibility or liability for any Gift Cards, and you hereby knowingly release eBay Inc. and its affiliates and related entities (other than Issuer) from any and all liability or claims of any nature whatsoever arising in connection with the Gift Card.

• It is important that you track the Gift Card balance. You may check your Gift Card balance by using the Gift Card balance checker.
• Your Gift Card does not expire.
• No inactivity or service fees apply to the Gift Card.

Redemption

1. Gift Cards are redeemable only towards the purchase of products on www.ebay.com (the “eBay Website”) or the eBay mobile app (the “eBay App”), which are owned and operated by eBay Inc., an affiliate of Issuer.
2. In order to redeem a Gift Card, you must be 18 years of age or older and you must create an account on the eBay Website or eBay App, and ship the items you purchase with the Gift Card to a U.S. shipping address. We reserve the right to block any transaction that attempts to circumvent this provision, including by attempting to ship items outside of the U.S. via a freight forwarding service. For security purposes, you may be required to enter credit card or bank account information to open an account on the eBay Website or eBay App.
3. Invalid Gift Card numbers will not be redeemed.
4. As a security feature, the Gift Card, including any remaining balance associated with the Gift Card, is non-transferable after the Gift Card has been used once on the eBay Website or eBay App.

Restrictions

1. The Gift Card is not refundable or redeemable for cash, except to the extent required by law.
2. The Gift Card may be used to make purchases only up to the available balance on the Gift Card. The available balance of the Gift Card is reduced by the amount of each purchase of goods or services.
3. If you want to use the Gift Card to make a purchase that exceeds the available balance on the Gift Card, you must combine the use of the Gift Card with additional payment from another funding source. You agree that we are not responsible if you do not have enough funds on your Gift Card to facilitate a transaction.
4. The Gift Card may not be used to pay eBay selling fees. The Gift Card also may not be used to buy eBay Gift Cards, third party gift cards, gift certificates, coupons, coins, paper money, virtual currency, or items generally considered to be “bullion” (for example, gold, silver, and other precious metals in the form of coins, bars, or ingots).
5. No more than a total of $1000 in Gift Cards may be redeemed per day, and no more than a total of $1500 in Gift Cards may be redeemed per calendar month. Further, you may only redeem a maximum of four Gift Cards in any single transaction (and fewer if you are redeeming Gift Cards in combination with other redemption codes, such as coupons or vouchers).
6. The Gift Card is not redeemable outside the U.S. or its Territories.

Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS ARE RESOLVED THAT YOU AND WE HAVE AGAINST EACH OTHER.

In this Legal Disputes Section, the term “related third parties” includes your and Issuer’s respective affiliates, subsidiaries, parent companies, predecessors, successors, assigns, as well as your, Issuer’s, and these entities’ respective employees and agents.

You and Issuer agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Issuer (or any related third parties) that relates in any way to or arises out of this version or previous versions of these Terms and Conditions, your use, possession, acceptance, or purchase of the Gift Card, your use or access of our services, the actions of Issuer or our agents, or any products or services sold or purchased through the eBay Website or eBay App, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

1. Applicable Law

   You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Arizona, without regard to principles of conflict of laws, will govern these Terms and Condition and any claim or dispute that has arisen or may arise between you and Issuer, except as otherwise stated in these Terms and Conditions.

2. Agreement to Arbitrate

   You and we each agree that any controversy, claim or dispute at law or equity under any legal theory, including but not limited to any federal or state statutory claims, or common law that has arisen, or may arise, between you and Issuer (or any related third parties) that relates in any way to or arises out of this version or previous versions of these Terms and Conditions, your use, possession, acceptance, or purchase of the Gift Card, your use or access of our services, the actions of Issuer or our agents, or any products or services sold or purchased through the eBay Website or eBay App, shall be resolved exclusively through final and binding arbitration, rather than in court.

   Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act (“FAA”), and to the extent not inconsistent with the FAA, the laws of the State of Arizona, without regard to principles of conflict of laws, governs the interpretation and enforcement of this Agreement to Arbitrate.

   1. Prohibition of Class and Representative Actions and Non-Individualized Relief

      YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND ISSUER AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

      If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or a particular request for a remedy (such as a request for injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) must be severed from the arbitration and may be brought in court (pursuant to Section C of this Legal Disputes Section below), subject to your and Issuer’s right to appeal the court’s decision. All other claims will be arbitrated.

   2. Arbitration Procedures

      Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individualized basis that a court can award to an individual. An arbitrator should apply the terms of these Terms and Conditions as a court would.

      All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.

      The arbitration will be administered by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules and the AAA’s Commercial Arbitration Rules, and the AAA’s International Centre for Dispute Resolution Rules (as applicable), as modified by this Agreement to Arbitrate. Absent agreement of the parties, the AAA shall decide which AAA rules apply to the arbitration. The AAA’s rules are available at www.adr.org and www.icdr.org. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or, if the parties cannot reach the agreement, the court (pursuant to Section C below) shall select the administrator.

      A party who intends to seek arbitration must first send to the other, by certified mail, a valid Notice of Dispute (“Notice”), which includes your name, telephone number, address, email address(es) and eBay user ID(s), a description of the nature and basis of the claims you are asserting and the specific relief sought. The Notice must be sent to eBay Gift Card Services, Inc., Attn: Litigation Department, Re: Notice of Dispute 583 W. eBay Way, Draper, UT 84020. Issuer will send any Notice to you to the physical address we have on file; it is your responsibility to keep your physical address up to date.

      If you and we are unable to resolve the claims described in a valid Notice within 30 days after we receive that Notice, you or we may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to Issuer at the following address: eBay Gift Card Services, Inc. c/o CT Corporation System, 1108 E South Union Ave., Midvale, UT 84047. In the event we initiate an arbitration against you, we will send a copy of the completed form to the physical address we have on file. Any settlement offer made by you or Issuer shall not be disclosed to the arbitrator.

      If you are a resident of the United States, then the arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. Where no disclosed claims or counterclaims exceed $25,000, the dispute shall be resolved by the submission of documents only, subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or we may attend by telephone, unless the arbitrator requires otherwise. The language of the arbitration will be English.

      The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different owners of Gift Cards, but is bound by rulings in prior arbitrations involving the same owner to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

   3. Costs of Arbitration

      Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If you complied with the Notice of Dispute procedures of Section 2 of this Agreement (“Arbitration Procedures”) and the value of the relief sought is $10,000 or less, at your request, we will pay all administration and arbitrator fees associated with the arbitration. Any request for payment of fees by Issuer should be submitted by mail to the AAA along with your Demand for Arbitration and we will make arrangements to pay administration and arbitrator fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Issuer for all fees associated with the arbitration paid by Issuer on your behalf that you otherwise would be obligated to pay under the AAA’s rules.

   4. Severability

      With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.

   5. Survival of Agreement to Arbitrate

      You and we agree that the agreement to arbitrate shall survive termination of these Terms and Conditions.

   6. Opt-Out Procedure

      IF YOU ARE A NEW PURCHASER, HOLDER, ACCEPTOR, OR USER OF THE GIFT CARD YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THESE TERMS AND CONDITIONS FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO EBAY GIFT CARD SERVICES, INC., ATTN: LITIGATION DEPARTMENT, RE: OPT-OUT NOTICE, 583 WEST EBAY WAY, DRAPER, UT 84020.

      Your Opt-Out Notice must include your name, address (including street address, city, state and zip code), and email address. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of these Terms and Conditions and the Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

   7. Future Amendments to the Agreement to Arbitrate

      Notwithstanding any provision in the Terms and Conditions to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Issuer prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Issuer (or related third parties). We will notify you of amendments to this Agreement to Arbitrate by posting the amended Terms and Conditions on www.eBay.com/ebaygiftcard at least 30 days before the effective date of the amendments and by providing notice through the eBay Message Center and/or by email, if you are a registered eBay User. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.

3. Judicial Forum for Legal Disputes

   Unless you and we agree otherwise, in the event the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate and all matters brought pursuant to and in aid of the Agreement to Arbitrate will be resolved exclusively by a state or federal court located in Maricopa County, Arizona. You and Issuer agree to submit to the personal jurisdiction of the courts located within Maricopa County, Arizona for the purpose of litigating all such claims, disputes, or matters.

Disclaimer of Warranties; Limitation of Liability

1. WITHOUT LIMITING THE DISCLAIMER OF WARRANTIES CONTAINED IN THE EBAY USER AGREEMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR RESPECTIVE AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARD OR ANY PURCHASES MADE WITH THE GIFT CARD, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction.
2. IN ADDITION TO THE EXCLUSION OF DAMAGES SET OUT IN THE EBAY USER AGREEMENT, YOU AGREE THAT WE AND OUR RESPECTIVE AFFILIATES SHALL HAVE NO LIABILITY FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS (HOWEVER ARISING, INCLUDING NEGLIGENCE). IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR RESPECTIVE AFFILIATES HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM: (A) UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A GIFT CARD THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY; (B) ANY CIRCUMSTANCES BEYOND OUR CONTROL; (C) THE USE OF THE GIFT CARD BEING SUSPENDED OR PROHIBITED BECAUSE IT HAS BEEN REPORTED LOST OR STOLEN, OR WE BELIEVE IT IS BEING USED SUSPICIOUSLY OR FRAUDULENTLY OR IS BEING SUBJECTED TO UNAUTHORIZED USE; (D) THROUGH NO FAULT OF OURS, YOUR NOT HAVING SUFFICIENT FUNDS ON A GIFT CARD TO COVER A TRANSACTION; OR (E) INABILITY TO USE A GIFT CARD BECAUSE OUR SYSTEM IS NOT WORKING PROPERLY. YOU AGREE THAT WE AND OUR AFFILIATES ARE NOT RESPONSIBLE FOR ANY INTERRUPTION OF SERVICE. The laws of certain states or other jurisdictions may not allow limitations on implied warranties, or the exclusion or limitation of certain damages, so the above limitation or exclusion may not apply to you. NOTWITHSTANDING THE FOREGOING AND THE DISCLAIMER OF WARRANTIES IN THE EBAY USER AGREEMENT AND IN THESE TERMS AND CONDITIONS, IN THE EVENT THAT WE OR OUR RESPECTIVE AFFILIATES ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE AMOUNT LOADED ONTO YOUR GIFT CARD.

General Terms

1. Lost, stolen or damaged Gift Cards will only be replaced if the Gift Card has never been used, and only with satisfactory proof of purchase and Gift Card number, where required by law. For digital Gift Cards, risk of loss and title pass to the recipient upon electronic transmission to the recipient.
2. We reserve the right to correct the Gift Card balance if we believe that a clerical, billing or accounting error has occurred. You also agree that we may deactivate, cancel or suspend any Gift Card and freeze any associated Gift Card funds if we suspect fraud, unlawful activity or improper Gift Card use, or if you attempt to circumvent any of these Terms and Conditions through technical means or otherwise.
3. Gift Cards cannot be resold. Gift Card is not valid and will not be honored, and Issuer will not be liable, if obtained from unauthorized sellers, resellers or distributors.
4. There are a variety of Gift Card scams that request payment by Gift Card or Gift Card codes. Issuer is not responsible for, and assumes no liability to you for, any unlawful conduct or fraud by any third party associated with any Gift Card. If you provide Gift Cards or Gift Card codes to a third party, the value of the Gift Card cannot be recovered.
5. The Gift Card is not a credit, debit, or charge card. No implied warranties attach to it.
6. Use of the eBay Website or eBay App is subject to the eBay User Agreement.

Issuer reserves the right to amend these Terms and Conditions at any time or to contract with one or more third parties to administer, or assist in administering, the Gift Card program. Any amendment to these Terms and Conditions will be effective when posted on pages.ebay.com/giftcard/terms_conditions.html.