GIFT CARD TERMS AND CONDITIONS
The following are the terms and conditions applicable to
our Gift Cards.
Digital Gift Cards ("Gift Cards") may only be redeemed toward the purchase of eligible goods and services provided by the issuer of the gift card and its affiliates, and redemption is contingent up on fulfilling requirements and expiration. Redemption of Gift Cards on any affiliated location or website is subject to change in our sole discretion. If you redeem a Gift Card you need to fulfill requirements shown on the digital voucher/coupon where there will never be any remaining Gift Card balance.
Gift Cards are not pre-paid and are not being sold upfront, to customers. They
are simply being offered for free. Each Gift Card, holds a distinct value and spending restriction.
Digital gift cards only gain value, when clients spend above a certain/minimum amount. Each card always has a expiration and spending restriction attached. No fees apply to Gift Cards.
Neither your voucher/coupon Gift Cards, nor your Scratch & Save/Win Gift Cards, may be applied to the purchase of products other then the name of the issuer specified on the digital voucher that holds the gift card image. Your gift cards cannot be used to purchase other gift cards. Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law.
3. Risk of Loss
The risk of loss and title for Gift Cards pass to the holder upon our electronic transmission of the Gift Card to the receiver or designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible if any Gift Card is lost, stolen or destroyed or Gift Card is used without your permission.
4. Use of Gift Cards in Violation of these Terms and Conditions
We reserve the right to void Gift Cards or any other component of your issued balance, if we suspect that a Gift Card is obtained, used or applied to an account fraudulently, unlawfully or otherwise in violation of these terms and conditions.
5. Limitation of Liability
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to Gift Cards will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these terms and conditions as a court would. We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We and you also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
7. General Terms
Our conditions of use apply. Gift Cards are issued by us. When you receive or apply for a Gift Card, you agree that the laws of the
issuer, shown under location on the digital voucher, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute that may arise between you and
us and our affiliates related to your use of a Gift Card. We reserve the right to change these terms and conditions from time to time in our discretion. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.
8. Gift Card Expiration
Gift Cards issued after December 1, 2015 expire on the date specified on the digital voucher.