Acceptable use
You must not use this website and/or services in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website and/or services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not use this website and/or services to transmit or send unsolicited commercial communications.
You must not use this website and/or services in any ways other than the ways have advised you to do so.
You must not offer incentives for people to signup as an affiliate in any way.
You must not post inaccurate, misleading, or libellous content.
You must not spam users of the Card Pusher website.
You must not collect information about users without their consent.
You must not engage with any users of Card Pusher to faciliate a transaction outside of Card Pusher.
You must not refer to or promote any external websites or apps that would lead a user outside of Card Pusher.
You must reside in the United States to buy or sell on the Card Pusher Marketplace.
Seller Agreement
Marketplace Sellers are permitted to sell only genuine authentic items. No reproductions, fakes, or reprint cards.
Marketplace Sellers are required to create listings in the correct category, enter complete and accurate descriptions for all listings created.
Marketplace Sellers are required to ship each order the next day after payment was completed.
Marketplace Sellers must fulfill all orders that are successfully paid for through the Card Pusher marketplace.
Marketplace Sellers accept the full and complete responsibility for their listings created on the Card Pusher Marketplace and agree Card Pusher holds no liability.
Marketplace Sellers may be required to complete additional verification steps in order to sell on the marketplace.
Marketplace Sellers that violate the seller agreement or any other section of the Terms of Service, may have their account suspended and/or active listings and orders canceled at Card Pusher's sole discretion.
Buyer Agreement
Marketplace Buyers are required to pay for the listings they have purchased within 4 calender days.
Marketplace Buyers are required to maintain accurate contact and shipping information in their Card Pusher account.
Marketplace Buyers are not permitted to bid or offer on an listing to artificially increase its price, popularity, or search rankings.
Marketplace Buyers grant Card Pusher the irrevocable right to share their provided shipping and contact information with Marketplace Sellers in order to fulfill an order.
Marketplace Buyers that violate the buyer agreement or any other section of the Terms of Service, may have their account suspended and/or active listings and orders canceled at Card Pusher's sole discretion.
Unpaid Listing Policy
If a buyer does not complete payment within 4 calender days, the seller can cancel the order and an unpaid order cancellation flag will be recorded to the buyers account.
Buyers that have an excessive amount of unpaid order cancellation flags recorded on their account may have their account suspended and/or active listings and orders canceled at Card Pusher's sole discretion.
Restricted access
Access to certain areas of this website is restricted. Card Pusher reserves the right to restrict access to areas of this website, or indeed this entire website, at Card Pusher's sole discretion.
If Card Pusher provides you with an account to enable you to access restricted areas of this website or other content or services, you must ensure that the information is kept confidential.
Card Pusher may disable your account at Card Pusher's sole discretion without notice or explanation.
User content
In these terms and conditions, "your user content" means material (including without limitation, products, images, titles, descriptions) that you submit to this website, for whatever purpose.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Card Pusher or a third party (in each case under any applicable law).
You must not submit any user content to the website that is, or has ever been, the subject of any threatened or actual legal proceedings or other similar complaint.
Card Pusher reserves the right to edit or remove any material submitted to this website, stored on Card Pusher's servers, or hosted or published upon this website.
All user content submitted on the website is the sole responsibility of the user and not Card Pusher. You agree to maintain and provide accurate information when you submit content. Card Pusher does not control or verify user submitted content.
You grant Card Pusher a irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your user content.
No warranties
This website is provided "as is" without any representations or warranties, express or implied. Card Pusher makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Card Pusher does not warrant that:
- This website will be constantly available, or available at all; or
- The information on this website is complete, true, accurate or non-misleading.
Limitations of liability
Card Pusher will not be liable in any way (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- To the extent that the website is provided free-of-charge, for any direct loss;
- For any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
- At no time shall Card Pusher be obligated to complete repayment to the end user of any costs but the subscription amount purchased by said end user.
These limitations of liability apply even if Card Pusher has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Card Pusher's liability in respect of any:
- Fraud or fraudulent misrepresentation on the part of Card Pusher; or
- Matter which it would be illegal or unlawful for Card Pusher to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Payments and Subscriptions
Some Services on the website require payment. In order to use these Services you must provide Card Pusher with your credit card information. By submitting card info you warrant to Card Pusher that you are authorized to use the credit card submitted. You agree to have your credit card charged on a monthly basis for any recurring services.
All payments are facilitated through a third party payment service, Stripe and PayPal. You agree to the payment processor's terms of service when you pay Card Pusher for our services, when you receive payment for a sale on the marketplace, or purchase something on the marketplace.
Subscription Cancellations and Refunds
Card Pusher will only honor a refund request within the first 7 days of the subscription start date, provided no sales have occurred yet on the account. If you have an active subscription, you can cancel your current subscription by clicking the Cancel Subscription button at any time in your account settings to prevent rebilling. It is your responsibility to cancel your subscription using the above method prior to 3 days of your billing cycle date. If you fail to cancel at least 3 days in advance of the billing cycle date, you may be charged again by our automated subscription service.
Marketplace Buyer Guarantee
On payments processed via Paypal, Paypal offers a dispute and guarantee process for buyers and sellers. Both the buyer and seller can use Paypal for dispute resolution.
Card Pusher does not provide a guarantee as a marketplace. It is recommended to interact with users that have good reviews and multiple transactions.
Marketplace Return Policy
Buyers have three days after receiving a card to inspect it. Cards can only be returned if they are materially different than the card described/pictured in the listing.
Buyers are responsible for paying any return shipping costs.
Fraud Screening
Card Pusher utilizes Fraud Detection and Prevention Services by Fraudgrade. All data is screened for previous fraudulent activity, including but not limited to, Email Address Validation, Phone Number Validation, IP Address Validation and Domain Validation. In the case of a confirmed fraudulent incident, your email address, phone number, ip address, and/or domain may be reported to FraudGrade with evidence. Your use of the Card Pusher website and/or services is confirmation of your acceptance that Card Pusher may engage FraudGrade as a Sub-Processor to process Personal Data.
Sharing Data with Third Parties
When you enter into a transaction on our marketplace, you give us permission to share your personal information with the other party to the transaction. We will only share information needed for order fulfillment. We will never share payment information, passwords, or phone numbers.
We do not sell, rent, or give away any of your personal information to any other third parties.
We will only share your personal and transaction information with law enforcement personnel when presented with a valid court order.
Reasonableness
By using the Card Pusher website and/or services provided, you agree that the exclusions and limitations of liability set out in these Terms of Service are reasonable.
If you do not think they are reasonable, you must not use this website and/or services.
Other parties
You accept that, as a limited liability entity, Card Pusher has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Card Pusher's officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Card Pusher's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Card Pusher.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify Card Pusher and undertake to keep Card Pusher indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Card Pusher to a third party in settlement of a claim or dispute on the advice of Card Pusher's legal advisers) incurred or suffered by Card Pusher arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].
Breaches of these terms and conditions
Without prejudice to Card Pusher's other rights under these terms and conditions, if you breach these terms and conditions in any way, Card Pusher may take such action as Card Pusher deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
Card Pusher may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
Card Pusher may transfer, sub-contract or otherwise deal with Card Pusher's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions constitute the entire agreement between you and Card Pusher in relation to your use of this website and/or services provided, and supersede all previous agreements in respect of your use of this website and/or services provided.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the United States, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Ohio.
Contacting us
If you have any questions about these Terms of Service, the practices of this site, or your dealings with this site, please contact us at support@cardpusher.com.
This document was last updated on September 4th, 2022