SumUp Gift Card Terms
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By using SumUp’s Gift Card Services as described herein below ("Gift Card Services"), you agree to be bound by SumUp’s General Terms, these Gift Card Terms, and all other terms and policies applicable to specific Services that you may use. These Gift Card Terms are Additional Terms and, with the General Terms and the Payment Terms, are part of the legal agreement between you and SumUp Limited (“SumUp”, “we”, “us”). Unless otherwise defined herein, capitalised terms have the same meaning as in the General Terms and the Payment Terms.
1. Gift Card Services
Our Gift Card Services enable you to offer and sell to your customers gift cards for your products and services online (“Gift Cards”), which the customer can order and pay for through the different Payment Services offered by SumUp. Your access to and use of the Payment Services is governed by the Payment Terms. You must have an Account with SumUp to use the Gift Card Services, as described in section 1 of the General Terms.
With the Gift Card Services, you can generate and send mobile payment links to sell 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. You can find all your issued Gift Cards as completed Payments in your Payment history. You may offer Gift Cards only to customers in the EEA, UK or Switzerland, and subject to the list of Territories supported by SumUp, available on our website.
We reserve the right to modify or terminate the Gift Card Services for any reason in accordance with our General Terms, the Payment Terms, or these Gift Card Terms.
2. Your responsibilities
If you offer Gift Cards to your customers using the Gift Card 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 the terms of the Gift Card. You are also solely responsible to keep track of issued Gift Cards, Gift Card owners, Gift Card amounts, and Gift Card usage.
Gift Cards are only redeemable directly from you. You may not permit returns or refunds on Gift Cards, except in accordance with consumers’ rights under applicable law. 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.
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 are also solely responsible for handling all claims related to Gift Cards you issue. Any complaints, inquiries or comments from your customers related to Gift Cards you issue must be addressed and managed by you (including without limitation matters relating to refunds, promotions, and customer satisfaction). 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.
You must comply with all laws and regulations applicable for your Gift Cards, including but not limited to those related to e-money issuance, payment services, VAT and consumer rights, and you are solely responsible for your regulatory compliance, including without limitation product and services quality, expiration dates and fees, returns and refunds, contracting with customers, customer service and communication, and data protection laws.
SumUp considers 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 authorisation from a competent authority, or if you have any reporting obligations. SumUp has no responsibility to oversee your business activities related to the offering of Gift Cards or use of the Gift Card Service, or to advise or otherwise inform you of any regulatory matters, including but not limited to compliance with e-money or payment services regulations.
You must comply with all restrictions imposed by our General Terms and Payment Terms in relation to your use of the Gift Cards. You further agree not to use the Gift Card Services for goods, services or business activities that are (a) illegal or potentially illegal (including counterfeited, stolen, or fraudulent ones), or (b) are not compliant with all applicable laws or regulations (including, without limitation,, consumer protection laws, product safety laws, intellectual property laws, and trade regulations and export controls). You further confirm and agree to comply with any 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 violates any restrictions imposed under the General Terms, the Payment Terms,, or these Gift Card Terms. We retain the right to suspend or terminate your Account and/or access to the Gift Card Services if we determine, or reasonably suspect, that a violation has occurred.
You are not entitled to issue a Gift Card with a value in excess of 1,000 GBP (or its equivalent in another currency), or add value to a Gift Card that has already been issued making its value exceed 1,000 GBP paid in the course of one day. You are not entitled to issue more than 5,000 GBP 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.
4. Personal data processing
In order to provide you with the Gift Cards Services under the Gift Card Terms, SumUp processes personal data of customers of Gift Card Services. This Data Protection Agreement (“Gift Card DPA”) regulates the processing of personal data on the basis, for the purposes and within the term of validity of provision of SumUp’s Gift Card Services or associated services under the Gift Card Terms. The Gift Card DPA forms an integral part of, and is subject to, the provisions of these Gift Card Terms.
5. Our liability
In addition to what is stated elsewhere in the General Terms and these Gift Card Terms, 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 release SumUp (and its affiliates and subsidiaries, officers, directors, employees and agents) from 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.
For use of the Gift Card Services, you agree to pay the Fees and any applicable taxes as set forth on our Website and/or in your Account settings or as otherwise agreed in writing as and when due in accordance with the General Terms and the Payment Terms.
7. Cancellation or Termination
You may cancel your use of the Gift Card Services at any time through your Account settings.
In addition to what is stated elsewhere in the General Terms and these Gift Card Terms, we may terminate these Gift Card Terms without prior notice to you, if we determine that: (a) your use of the Gift Card Services or the products and/or services for which you are using the Gift Card Services constitutes an activity listed as a Restricted Business on our Website or (b) if, in our reasonable opinion, your activities or actions are damaging or may damage our image or reputation or the image or reputation of a Network or Acquiring Partner.