By accepting and using Your Gift Card, you are agreeing to these terms and conditions. Please read them carefully and keep a copy for your records.
In these terms and conditions, ‘You’ and ‘Your’ means the person who has received the Gift Card. ‘We’, ‘Us’ and ‘Our’ means the merchant who issued the Gift Card, the person who fulfills orders on the Gift Card, and each of their successors, affiliates or assigns.
The Gift Card is not a credit card. The merchant who issued the Gift Card is responsible for providing funds to load value onto Your Gift Card. The order fulfillment company has no obligation to you in the event the merchant delays in providing or fails to provide funds to fund Your Gift Card. Please contact the merchant directly for customer service issues, using the contact information on the back of Your Gift Card.
Your Gift Card. The Gift Card is offered to individuals over the age of 18 that lawfully enter into and form contracts under applicable law, and by using the Gift Card, you represent and warrant to us that You are such an individual. We, in Our sole discretion may refuse to issue a Gift Card for any reason. The amount of funds shown on the records of the merchant or fulfillment center shall be deemed the balance on the Gift Card, unless you can prove to our satisfaction in our sole discretion that there should be a different balance.
Card Access. The Gift Card is a prepaid card that can be used for purchases of merchandise from the merchant who issued the Gift Card, using the contact information on the back of Your Gift Card. The card may not be used to make purchases from other merchants, to obtain cash from automated teller machines (ATMs) or for any other type of purchase or cash advance.
Card Limitations. You must have sufficient, available funds to pay for all Gift Card transactions. If the purchase amount is greater than the available funds, the difference may be paid for with cash, check or credit or debit card, subject to the policy of the merchant. If the merchant attempts to process the Gift Card for more than the available funds, the transaction will be declined. If Your card balance is zero or becomes zero the card will be terminated. You may confirm your available balance or transactions during regular business hours by visiting the website or calling the number on the back of the card, if one is listed. You may only use your card in the manner and for the purposes described in these terms and conditions. Your card may not be used for illegal transactions or for any type of pre-authorized transactions, such as recurring monthly payments, dues or fees.
Disputes with Merchants. You agree to make a good faith effort to settle all disputes about purchases you make using your card with the merchant who accepted the card.
Lost and Stolen Cards. We are not responsible for lost or stolen gift cards. Treat your Gift Card like cash, because lost or stolen Gift Cards will not be replaced.
Disclaimer of Liability. In providing the Gift Card services to you, we disclaim any duty or responsibility other than those expressly set forth in these terms and conditions. The issuer is not liable expressly for the following:
- If through no fault of ours, cardholder does not have enough money on the Gift Card to cover the transaction; or
- If the transaction would exceed the cardholder’s available funds; or
- If the terminal or system was not working property; or
- If circumstances beyond Our control prevent the transaction, despite reasonable precautions that We may have taken; or
- If there are other exceptions stated in these Terms and Conditions or provided by law.
Termination. The Card shall remain our property. We may, at any time and without prior notice, cancel your card and have you return the card to us. You may terminate your card by returning the card to us. However, the purchase price paid for the card may be non-refundable. Termination of the card will not affect prior transactions or obligations existing at the time of termination, and may not entitle you to any refund. Gift Cards may be non-refundable. Contact the merchant who issued your card to determine if they offer refunds.
Amendment. We may amend these terms and conditions at any time in our sole discretion by posting a revised copy here at least 30 days prior to the effective date of any amendment that results in an increased fee or charge, an increase in your liability, a reduction in card services, or stricter transaction limitations.
Severability/No Waiver. If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these terms and conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provision of these terms and conditions.
Governing Law. These terms and conditions, the Gift Card and all transactions hereunder are subject to the laws of the State of California.
Arbitration. Any dispute, controversy or claim arising out of or relating to the Gift Card, these terms and conditions or the provision of services shall be settled by binding arbitration before a retired judge in accordance with the commercial arbitration rules of JAMS in Santa Monica, California. The prevailing party shall be awarded their arbitration and attorney fees, costs and expenses to the maximum extent permissible. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from the court of competent jurisdiction in the County of Los Angeles necessary to protect the rights of property of you or us (or our agents suppliers, and subcontractors) pending the completion of the arbitration.