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LEGAL TERMS AND CONDITIONS
General Terms The Merchant (the "Merchant") E-Gift Cards are sold and distributed by Ackroo Inc. ("Ackroo"), a Canadian corporation. Although Ackroo is the channel through which such eGift Cards are sold, the contract governing the obligation, ownership, use and redemption of eGift Cards is between you and the Merchant. By accessing this site, and by purchasing an eGift Card on this site, you agree to be bound by the legal terms and conditions governing the sale and use of eGift Cards as defined by the Merchant and under the laws relevant to the jurisdiction of the Merchant, without regard to principles of conflict of laws. Ackroo reserves the right to revise these Terms and Conditions at any time. Please refer to Merchant for additional Terms and Conditions. Purchasing
In order to purchase an E-Gift Card you will need to provide certain information, including credit card and related payment and billing information. Ackroo or the Merchant may request further information to validate the transaction. In the act of providing such information, you warrant that all information provided is both current and accurate. Redemption Your E-Gift Card can be redeemed at the Merchant's bricks and mortar place of business. Contact the Merchant for additional Terms and Conditions for redemption. Balance Inquiries Instructions to view your E-Gift Card balance are provided with the email message that accompanies your eGift Card. Returns All sales are final. You may not return, cancel or redeem for cash any E-Gift Card after it is purchased, unless otherwise stated by law. Lost or Stolen E-Gift Cards E-Gift Cards have monetary value and should be protected accordingly. If you suspect that an eGift Card has been compromised in any way, contact Ackroo's Customer Support immediately. eGift Cards will not be replaced without: your prior confirmation, proof of purchase, and approval by the Merchant. Risk of Loss Ownership and risk of loss of E-Gift Cards is transferred to the recipient of the eGift Card immediately upon completion of processing of the order. Neither Ackroo nor the Merchant are responsible for lost or stolen eGift Cards or the remaining balances on such eGift Cards. Customer Service If you need assistance with the purchase of your E-Gift Card, please contact Ackroo's Customer Support. Please have on hand the name of the Merchant and one of either your 12-digit account number, your purchase reference number, or your email address. Expiration Unless otherwise stated by law, E-Gift Cards have no expiration date and no maintenance fees. Delivery Information If you have not received confirmation that the E-Gift Card was sent, please contact Ackroo's Customer Support. Please have on hand one of either your purchase reference number or your email address. Neither Ackroo nor the Merchant is responsible for eGift Cards that are undeliverable or not received due to your failure to enter an accurate email address or other relevant delivery information for the recipient. Reasons for Failed Delivery The following is a list of the most common reasons why delivery of an E-Gift Card may have failed:
If you need further assistance, contact Customer Support. Limitation of Liability NEITHER THE MERCHANT, ACKROO, OR THEIR RESPECTIVE AFFILIATES MAKE ANY WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO eGIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESSED OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF AN eGIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND THE MERCHANT'S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH eGIFT CARD TO THE VERIFIED REMAING BALANCE OF SUCH eGIFT CARD. ACKROO SHALL BEAR NO LIABILITY FOR THE REPLACEMENT OF ANY eGIFT CARD FOR ANY REASON WHATSOEVER. CERTAIN STATE / PROVINCE 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. IN THE EVENT THAT THE MERCHANT BECOMES INSOLVENT, MAKES A GENERAL ASSIGNMENT FOR THE BENEFIT OF CREDITORS, FILES A VOLUNTARY PETITION OF BANKRUPTCY, SUFFERS OR PERMITS THE APPOINTMENT OF A RECEIVER FOR ITS BUSINESS OR ASSETS, OR BECOMES SUBJECT TO ANY PROCEEDINGS UNDER ANY BANKRUPTCY OR INSOLVENCY LAW, WHETHER DOMESTIC OR FOREIGN, OR HAS WOUND UP OR LIQUIDATED, VOLUNTARILY OR OTHERWISE, ANY OUTSTANDING eGIFT CARD BALANCES (AND REMAINING BALANCES ON SUCH CARDS) WILL BE REDEEMABLE ONLY AT THE DISCRETION OF AND TO THE EXTENT DEEMED APPROPRIATE BY THE MERCHANT'S TRUSTEES OR APPOINTED LIQUIDATORS. IRRESPECTIVE OF THE MERCHANT'S CIRCUMSTANCES OR THE CIRCUMSTANCES OF THE MERCHANT'S TRUSTEES OR OTHER APPOINTED REPRESENTATIVES, UNDER NO EVENT SHALL ACKROO BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR THE VALUE OF ANY eGIFT CARDS, THE OUTSTANDING BALANCES ON ANY eGIFT CARDS OR REMAINING BALANCES ON ANY eGIFT CARDS. Warranties THIS SITE IS MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. Indemnification You agree to defend, indemnify and hold harmless the Merchant, Ackroo, their affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of this site. Trademarks You may not use the trademarks, logos, service marks or other proprietary designations of the Merchant, Ackroo or their partners or affiliates without containing prior written consent. Disputes Any dispute relating to the purchase of E-Gift Cards shall be adjudicated in the jurisdiction of the Merchant. |
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E-Gift Cards are powered by Ackroo Inc.
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