General Terms (Updated March 2020)
A gift card, including, but not limited to, physical (including merchandise credit) and virtual, and/or stored value
(“Card”, or “Cards” in the plurality) are issued by the Issuing Merchant (“Issuer”), who is the sole obligor to Card
owner (defined as the rightful owner and possessor of the Card).
When you purchase, receive or redeem a Card, you agree that the laws of the State of Delaware, without regard to principles
of conflict of laws, will govern these Card terms and conditions. The Issuer reserves the right to change these terms and
conditions from time to time at their discretion. All terms and conditions are applicable to the extent permitted by law.
This Card is usable up to the actual balance only, in order to buy goods at any participating location, including URL.
This balance checker, provided by a third-party vendor to Issuer, is provided to you only, the Card owner, free of charge and
for the sole purpose of looking up the current balance on the Card. The balance you see when viewing Card balances is an
estimate only.In most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the
updated balance is delayed. You may also contact customer service directly, either by phone or by email, which can be found on the
Risk of Loss
This Card will not be replaced or refunded if lost or stolen, unless you have proof of purchase and the Issuer can verify the card.
The risk of loss and title for Cards pass to the purchaser upon sale. We are not responsible if a Card is lost, stolen, destroyed or
used without your permission.
Issuer does not permit the resale of its Cards without our prior written consent.
Compliance with Laws
By purchasing a Card, you are certifying and representing to the Issuer and its affiliates, subsidiaries, sister, and parent companies,
and vendors, including, without limitation (the “Issuer and Affiliates”), that the activities in connection with which the Cards will be
used will comply with these terms and conditions and all applicable laws, rules and regulations, and that the Cards will not be used in
any manner that is misleading, deceptive, unfair or otherwise harmful to consumers. In addition, you agree to defend and indemnify Issuer
and Affiliates and their respective directors, managers and officers, and vendors, from and against any claims, expenses or liabilities
made against or incurred by any of them in connection with your use of the Card or violation of any of these terms and conditions. You
agree to release Issuer and Affiliates and their respective directors, managers and officers, and vendors from and against any and all
claims, expenses or liabilities you have or may have against or incurred in connection with your use of the Card or violation of any of
these terms and conditions.
Issuer and Affiliates may provide Card purchasers with information about the redemption status of Cards. Cards cannot be returned,
resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law.
Issuer has the right to close Card accounts and may request alternative forms of payment if Issuer believes such Card has been
fraudulently obtained. In general, and in the interest of protecting you from fraud, we recommend that you do not purchase a discounted
Card from third-party or non-verified resellers. Often these Cards are purchased with stolen credit cards and may be closed at any
time, at the Issuer’s discretion. For more info on the legitimacy of a Card, contact the Issuer at their website.
Limitation of Liability
Issuer, its Affiliates and vendors make no representations, warranties or conditions of any kind, express or implied, with respect
to the Card, or the balance checker, including, but not limited to, any implied warranty of merchantability, fitness for a particular
purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. Issuer
does not represent or warrant that your Cards will always be accessible or accepted. In the event that Issuer or its Affiliates are
found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance
held on your Card. Issuer and its Affiliates shall have no liability for any incidental, indirect or consequential damages (including
without limitation loss of profit, revenue or use) arising out of or in any way connected with these terms and conditions, whether in
contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other
theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event shall Issuer or
its Affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a Card through accident, misuse
or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances
beyond our control. The laws of certain states or other jurisdictions do not allow limitations on implied warranties, or the exclusion
or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply
to you, and you may have rights in addition to those contained in this agreement. In such jurisdiction, our liability is limited to the
greatest extent permitted by law.
Any meritorious dispute relating in any way to a Card, in which the aggregate total claim for relief sought on behalf of one or more
parties shall be adjudicated in any state or federal court in the State of Delaware, and you consent to exclusive jurisdiction and
venue in such courts.