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Additional Terms of Use for Gift Cards

By using SumUp’s gift cards services as described below (the “Gift Cards Services”), you agree to be bound by SumUp’s general terms and conditions as entered into for the use of our Services (“Terms”), these Additional Terms of Use for Gift Cards (“Gift Cards Terms”), and all other terms and policies applicable to the Gift Cards Services. If you are using the Gift Cards Services for your business, you agree that you are accepting these Gift Cards Terms. Unless otherwise defined herein, capitalized terms shall have the same meaning as in the Terms.  

Gift Cards Services

As part of the Services, our Gift Cards Services enable you to offer and sell to your customers gift cards online (“Gift Cards”), which the customer can order and pay for using SumUp’s payment processing services. With the Gift Cards Services, you can generate and send mobile payment links to sell the Gift Cards to your customers. Gift Cards are delivered only electronically, and delivery may be delayed by several hours following order.  SumUp reserves the right to delay or decline purchases of Gift Cards for any reason.

Your Responsibilities

You agree to pay our fees applicable to the use of the Gift Cards Services, as may be announced from time to time on our website.

You are responsible to keep track of issued Gift Cards, Gift Card owners, Gift Card amounts and Gift Cards usage.  You can find all your issued Gift Cards as completed transactions in your transaction history. 

If you offer Gift Cards to your customers using the Gift Cards Services, you (and not SumUp) are the issuer and administrator of your Gift Cards and you are responsible for providing goods or services in accordance with applicable law and the terms of the Gift Card. In particular, you are responsible for adhering to all applicable federal and state laws relating to gift cards, including those regarding disclosures, expiration dates, fees, and cash redemption.  

Gift Cards are only redeemable directly from you. You may not permit returns or refunds on Gift Cards, except in accordance with consumers’ statutory rights. Gift Cards are not payment instruments, and you may not provide a cash refund from, or cash back on Gift Cards, unless required by applicable law. 

All Gift Cards and the associated funds are your sole property. You are solely responsible for any liability related to the sale of Gift Cards, the use or misuse of your Gift Cards, and any third-party claims arising from or relating to your Gift Cards.. You agree that you are solely responsible for handling all claims related to your Gift Cards. Any complaints, inquiries or comments related to your Gift Cards must be addressed and managed by you (e.g. refunds, promotions, customer satisfaction, etc.). In addition, you are solely responsible for fulfilling your tax obligations related to the Gift Cards and where necessary, for notifying your customers of applicable taxes.

If you are promoting your Gift Cards to the public through a third-party platform (such as Facebook, Instagram or a similar social network), you are solely responsible to comply with any applicable terms or requirements of such third-party, and you will hold harmless and indemnify SumUp against any and all loss, cost, damages or liabilities which SumUp may incur or sustain as a result of your non-compliance.

SumUp assumes that by offering Gift Cards you are neither issuing electronic money under the meaning of the applicable e-money laws, nor providing regulated payment services under the applicable payment services legislation. For avoidance of doubt, it is your sole responsibility to assess the applicable legislation and determine whether or not your offering of Gift Cards or use of the Gift Card Service requires any form of licensing or an authorization from a competent authority, or if you have any reporting obligations. SumUp has no responsibility to overview your business activities related to the offering of Gift Cards/use of the Gift Cards Service, or provide advice, or otherwise inform you of any regulatory matters, including but not limited to compliance with e-money or payment services regulations.

Restrictions

You may offer Gift Cards only to customers in the United States of America. 

You are not entitled to issue a Gift Card with a value in excess of $1,000, or add value to a Gift Card that has already been issued making its value exceed $1,000 paid in the course of one day. You are not entitled to issue more than $5,000 in Gift Cards to a single person within any one day. If a purchase exceeds the customer's Gift Card balance, the customer shall pay the remaining amount using another payment method. In the event that your Account is closed, suspended, or terminated, unused balance of Gift Cards must remain available to customers

By accepting these Gift Card Terms, you confirm and agree that you shall not use the Gift Card Services for goods, services or business activities that fall within the scope of the restricted business categories under our Terms. We reserve the right in our sole discretion, to add categories of prohibited transactions or business categories by adding such categories either to these Gift Card Terms, the Terms or an acceptable use policy published on the Support Center of our website. You further confirm and agree to comply with any such restrictions imposed by third-party platforms that you may use for promoting your Gift Cards to the public. SumUp may at its sole discretion decide whether your use of the Gift Card Services falls within the scope of the restricted business categories and is therefore not in accordance with the Terms or these Gift Card Terms. 

You will comply with applicable privacy and data security laws, rules, and regulations (“Data Protection Laws”) with regard to your use of any data collected, processed, or accessed by you via the Services (“SumUp Data”). You will: (1) only retain, use, or disclose SumUp Data as necessary for your use of the Services and only in accordance with SumUp’s instructions; and (2) not sell any SumUp Data as the term "selling" is defined under Data Protection Laws. You will promptly notify SumUp, in any event within 72 hours, and provide reasonable cooperation, if you receives a request from any individuals to exercise their rights under Data Protection Laws to correct, access, or delete, and the ability to opt-out of the use of, SumUp Data processed by Service Provider.

We retain the right to suspend or terminate any Account who has violated any of the restrictions above. 

Disclaimer and Indemnification

SumUp has no obligation to prevent and bears no liability for any service failure, fraud or loss associated with the purchase or sale of a Gift Card. SumUp makes no warranties, express or implied, with respect to the Gift Cards and disclaims any warranty to the fullest extent possible. You will indemnify and hold harmless SumUp (and its affiliates and subsidiaries, officers, directors, employees and agents) with respect to any and all claims connected with any disputes with customers related to the purchase and use of Gift Cards, or your non-compliance with any applicable regulatory requirements.