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Last Updated: 5 March 2025
1.1 These Terms of Service ("Terms") govern your access to and use of Kyocards.com ("Kyo Cards," "we," "our," or "us"), including all associated services, applications, and content (collectively, the "Platform").
1.2 By accessing, browsing, or using the Platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms, our Privacy Policy, Community Guidelines, and all other applicable policies.
1.3 If you do not agree to these Terms, you must cease all use of the Platform immediately.
1.4 We reserve the right to modify these Terms at any time. Updates will be communicated through the Platform or via email notification where applicable. Continued use of the Platform after changes are made constitutes acceptance of the updated Terms. If a user does not agree with the changes, they must discontinue use of the Platform.
1.5.1 Kyo Cards is an independent peer-to-peer (P2P) marketplace and is not affiliated, associated, authorized, endorsed, or sponsored by any third-party brand, company, or intellectual property owner, including but not limited to Wizards of the Coast, Nintendo, The Pokémon Company, Creatures Inc., Game Freak Inc., or Shueisha.
1.5.2 Any trademarks, logos, product names, or brand references displayed on the Platform belong to their respective owners. Kyo Cards does not claim ownership over these trademarks and only provides a platform for users to list and sell items legally owned by them.
1.5.3 Users are responsible for ensuring that their listings do not infringe upon any intellectual property rights. Any reports of trademark or copyright infringement will be investigated, and Kyo Cards reserves the right to remove infringing content and take appropriate action against the user.
2.1.1 Users must be at least 18 years old to create an account and use the Platform.
2.1.2 If an individual is under 18 years old, they may only use the Platform under the supervision of a parent or legal guardian who agrees to these Terms on their behalf.
2.1.3 We reserve the right to refuse service, suspend, or terminate any account that violates these Terms.
2.2.1 To access certain features of the Platform, users must register for an account by providing accurate, complete, and up-to-date information.
2.2.2 Users must not use false information, impersonate another person, create multiple accounts, or misrepresent their identity for any deceptive or unlawful purpose.
2.2.3 Users are required to keep their account credentials confidential and must not share them with third parties.
2.2.4 Users are solely responsible for all activities that occur under their accounts, including any transactions or actions taken. In the event of unauthorized use or security breaches, users must notify Kyo Cards immediately.
2.2.5 Kyo Cards shall not be liable for any losses or damages arising from unauthorized access to user accounts.
2.3.1 Users must refrain from engaging in illegal, fraudulent, or harmful activities while using the Platform.
2.3.2 Prohibited activities include using bots, scrapers, or automated tools to manipulate the Platform, engaging in price manipulation, misrepresentation, or deceptive practices, listing counterfeit or unauthorized items, including proxy cards and fake collectibles, and violating intellectual property rights.
2.3.3 Violations of these rules may result in suspension, termination, or legal action.
2.4.1 Kyo Cards reserves the right to suspend or terminate any user account at its sole discretion, with or without prior notice, if the user is found to have violated these Terms, engaged in fraudulent activity, or posed a risk to the Platform’s integrity.
2.4.2 If an account is suspended or terminated, Kyo Cards may withhold any pending payouts, refund buyers for undelivered purchases, and take further legal action if necessary.
2.4.3 Users who have been suspended or terminated may appeal their case by contacting Kyo Cards, but Kyo Cards retains the final decision on account reinstatement.
3.1.1 Sellers must ensure that all listings contain accurate, truthful, and detailed product descriptions, including the condition, rarity, authenticity, and any potential defects of the item.
3.1.2 Sellers must comply with all applicable laws and regulations related to the sale of trading cards and collectibles.
3.2.1 All sold items must be shipped within five business days of receiving payment.
3.2.2 Sellers must provide a valid tracking number unless otherwise agreed upon with the buyer.
3.2.3 If a seller fails to ship within the required timeframe, penalties, listing removal, or suspension may be imposed.
3.2.4 Once an item is shipped, the seller assumes responsibility for ensuring its safe delivery. If an item is lost in transit, the seller must cooperate with the shipping provider to resolve the issue.
3.2.5 Buyers must report any shipping-related issues within seven days of the expected delivery date.
3.2.6 Automatic Cancellation for Unshipped Orders
If a seller does not successfully ship an item and update the shipping status within the required timeframe, Kyo Cards reserves the right to automatically cancel the order and issue a refund to the buyer. Sellers who repeatedly fail to fulfill orders may face penalties, including listing restrictions, account suspension, or termination.
3.3.1 Listings must not include counterfeit, fake, or unlicensed trading cards, lottery-style mystery packs or chance-based listings, and items that violate intellectual property rights or brand trademarks.
3.3.2 Kyo Cards reserves the right to remove any listing that violates these policies, infringes intellectual property rights, or is deemed harmful, misleading, or inappropriate—without prior notice or liability to the seller.
3.4.1 If a seller is found to have engaged in fraudulent activities, Kyo Cards reserves the right to withhold payouts, refund buyers, and take legal action against the seller.
4.1.1 Payments are processed securely through designated payment gateways.
4.1.2 Buyers authorize Kyo Cards to charge their selected payment method upon placing an order.
4.1.3 Sellers acknowledge that funds will only be released after confirmation of successful delivery or completion of the dispute resolution process.
4.1.4 Kyo Cards reserves the right to temporarily withhold payouts to sellers in the event of a dispute, suspected fraudulent activity, or investigation by Kyo Cards or a third-party payment provider. Funds will only be released upon resolution of the matter at Kyo Cards’ discretion.
4.2.1 Kyo Cards charges a non-refundable platform fee of 4% per transaction, which is deducted from the seller’s payout.
4.2.2 Additional fees may apply as per the terms of our payment gateway provider.
4.2.3 Kyo Cards reserves the right to adjust platform fees at any time. Users will be notified of any fee changes through the Platform or email. Continued use of the Platform after such changes constitutes acceptance of the revised fees.
5.1.i Buyers may request a return or refund if the item received is significantly different from the listing description, damaged upon arrival with proof of damage, or if the seller failed to ship the item within the required timeframe.
5.1.ii Return requests must be submitted within 14 days of receiving the item.
5.1.iii Refunds for buyer’s remorse, such as a change of mind or incorrect purchase, are not eligible unless explicitly stated otherwise by the seller.
5.2.i In the event of a dispute between a buyer and a seller, both parties are required to make reasonable efforts to resolve the issue directly before seeking intervention from Kyo Cards.
5.2.ii If an agreement cannot be reached, Kyo Cards may, at its discretion, intervene and mediate the dispute based on available evidence, including transaction history and user communications.
5.2.iii Kyo Cards reserves the right to determine the outcome of disputes, which may include issuing full or partial refunds or denying claims, at its sole discretion.
5.3.i Buyers must attempt to resolve any transaction disputes through Kyo Cards before initiating a chargeback with their payment provider.
5.3.ii If a chargeback is filed, Kyo Cards reserves the right to submit transaction evidence to the financial institution and take appropriate actions, including but not limited to suspending the buyer's account and restricting future transactions.
5.3.iii If a chargeback is deemed fraudulent, unjustified, or in violation of these Terms, Kyo Cards may pursue reimbursement from the buyer, including legal recovery or collection action.
5.3.iv Kyo Cards may impose a chargeback processing fee of up to $25 USD per disputed transaction to cover administrative costs.
6.1 Sellers are responsible for complying with their local tax laws and reporting earnings as required by their jurisdiction. Kyo Cards does not provide tax advice or assume responsibility for tax compliance.
7.1.1 Under no circumstances shall Kyo Cards, its officers, employees, affiliates, or service providers be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, data loss, reputational harm, or business interruption, arising from or related to the use of the Platform, even if Kyo Cards has been advised of the possibility of such damages.
7.1.2 Kyo Cards is not responsible for:
7.1.3 To the fullest extent permitted by law, Kyo Cards’ total liability for any claim related to these Terms shall not exceed the total amount of platform fees paid by the user to Kyo Cards in the six (6) months preceding the event giving rise to the claim.
7.2.1 Users agree to indemnify, defend, and hold harmless Kyo Cards, its officers, employees, affiliates, and partners from any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to:
7.2.2 Kyo Cards reserves the right to assume exclusive defense and control of any matter subject to indemnification by the user, in which case the user agrees to cooperate fully.
8.2.i Kyo Cards reserves the right to update or modify these Terms at any time. Updates will be communicated through the Platform or via email notification where applicable.
8.2.ii Continued use of the Platform after changes are made constitutes acceptance of the updated Terms. If a user does not agree with the changes, they must discontinue use of the Platform.
8.2 These Terms shall be governed by and construed in accordance with the laws of Singapore. Any disputes arising from these Terms shall be resolved exclusively in the courts of Singapore.
For inquiries regarding these Terms, users may contact us at:
Email: support@kyocards.com
Website: https://kyocards.com