The following terms and conditions (the “Agreement”) are applicable to your GIFTPAX Promotional Gift Card (a “Promotional Gift Card”) and/or LSP US CORP / GIFTPAX Customer Care Gift Card (a “Customer Care Gift Card”).
1. Definitions. The following terms when used in this Agreement, as may be amended, shall have the meanings ascribed in this Section:
a. “Company” means LSP US CORP / GIFTPAX – 1820 NE 163rd St #204, North Miami Beach, FL 33162.
b. “Gift Card” means either a Promotional Gift Card, as defined in Section 3, and/or a Customer Care Gift Card, as defined in Section 4.
c. “Gift Card Products” means goods and/or services offered by a particular Merchant which are described as part of a Gift Card.
d. “Merchant” means a third party retailer or other supplier of goods and services at which a Gift Card can be redeemed purchased via the Website.
e. “Microsite” means an auxiliary website supplementary to the Website.
f. “Other Products” means goods and services other than Gift Card Products offered for sale on the Website.
g. “Purchaser” means any purchaser, recipient, and/or holder of a Gift Card, whether or not said Purchaser paid value for said Gift Card.
h. “Website” means the Company’s website located at http://www.giftpax.com.
2. Gift Card Terms and Conditions. Gift Cards are issued by the Company and are subject to this Agreement. By purchasing, holding, and/or redeeming a Gift Card, Purchaser agrees to the terms of this Agreement.
a. Gift Cards can be redeemed only through the Website and may only be used toward the purchase of Gift Card Products, or Other Products in the sole discretion of the Company. To redeem a Gift Card, Purchaser must enter the subject gift card identification number and security code in the “Redeem Gift Card” area on the shopping cart page of the Website.
b. If Purchaser uses a Gift Card to make a purchase through the Website which does not exhaust the credit balance on a Gift Card, then Purchaser may use the remaining balance for future purchases, subject to the restrictions set forth herein. If Purchaser uses a Gift Card to make a purchase through the Website which exceeds the credit balance on a Gift Card, then Purchaser must use another payment method to pay for the remaining balance of the subject purchase in order to complete said purchase.
c. Gift Cards are not redeemable for cash.
d. The Company is under no obligation to restore lost or stolen Gift Cards.
e. A Gift Card cannot be used toward the purchase of another Gift Card.
f. Additional credit cannot be added to a Gift Card after it has been issued.
g. If Purchaser receives a Gift Card in connection with the purchase of goods and/or services, then said Gift Card will be voided if Purchaser subsequently return such goods for a refund or cancel such services, as applicable.
h. The Company reserves the right to block the customer account of any customer who for abusive practices connected with a Gift Card in the sole discretion of the Company.
i. Gift Cards may not be resold, and the Company reserves the right to void any Gift Card it believes has been resold in its sole discretion.
j. A holder of a Gift Card can obtain balance and other card information at any time through the following link: http://www.giftpax.com/my-account/ and entering the card identification number and security code, or by calling the Company’s Customer Service Department at 1-866-59-GIFTS (594-4387) during normal business hours.
3. Promotional Gift Cards. A Promotional Gift Card is any gift card, whether in the form of a virtual e-card or an actual physical card, given away by the Company as part of a rewards, loyalty, promotional program, or otherwise, without any money or other consideration being paid in exchange for said gift card.
a. A Promotional Gift Card offered when Purchaser purchases a product will be issued to Purchaser in approximately four (4) days after Purchaser is invoiced for said purchase.
b. All Promotional Gift Cards expire one (1) year after issuance, unless otherwise specified.
c. The Company reserves the right to block the customer account of any customer who repeatedly seeks to return goods and/or cancellation of services connected with issuance of a Promotional Gift Card in the sole discretion of the Company.
4. Customer Care Gift Cards. A “Customer Care Gift Card” means any gift card, whether in the form of a virtual e-card or an actual physical card, issued by the Company for value. A Customer Care Gift Card does not include a Promotional Gift Card.
a. All Customer Care Gift Cards expire ninety (90) days after issuance, unless otherwise specified.
b. A Customer Care Gift Card is not a credit card or debit card.
5. Purchase of Gift Cards.
a. When Purchaser obtains a Gift Card, use of said Gift Card is subject to this Agreement and Purchaser agrees to be bound by the terms of this Agreement.
b. A Gift Card purchase will be complete only when the Company confirms the transaction via email. Payments may be processed via an overseas gateway and from time to time, Purchaser’s financial institution or payment provider may charge Purchaser an additional fee for transacting with the Company. If this occurs, please contact the Company’s customer care team, as Purchaser may be entitled to a refund of said additional fee.
6. Right to Cancel. Purchaser may cancel a Gift Card purchase at any time within seven (7) business days from the date that Purchaser receives the Gift Card. If Purchaser wants to cancel, Purchaser must do so by sending the Company a timely email to notify the Company of the cancellation at the following email address: firstname.lastname@example.org. Purchaser’s cancellation request will only be accepted and processed prior to Purchaser’s redemption of a Gift Card; if Purchaser redeems a Gift Card, in full or in part, then Purchaser’s right to cancel is revoked. The Company also takes no responsibility for misdirected cancellation requests, or cancellation requests which are not received timely. The cancellation period does not apply to those deals that explicitly state in the fine print, “No refunds for change of mind”.
7. Redemption. Purchaser may redeem a Gift Card from the Merchant stated on the Gift Card. The products/services for which the Gift Card can be redeemed will be stated on the Gift Card, together with the period of validity of the Gift Card, if different from the period stated in this Agreement. The Gift Card must be redeemed within the period of validity. Purchaser will not be entitled to any refund or credit for an unused Gift Card which has expired. Any attempt by Purchaser to redeem a Gift Card contrary to the terms and conditions of this Agreement may render said Gift Card void. Gift Cards can be used for multiple transactions online until the total amount of the Gift Card is fully redeemed.
8. Limitations of Responsibility.
a. The Company is not responsible for the Gift Card Products or Other Products for which a Gift Card is redeemed. Such products/services are solely the responsibility of the Merchant thereof. Such Merchant is responsible for reporting Gift Cards to the Company once redeemed by the purchaser.
b. The Company does not act as agent for any Merchant. Where a Gift Card Product or Other Product includes the sale and/or supply of alcohol, supply of travel services, or other regulated goods and/or services, that sale and/or supply is made by the Merchant and not by the Company, and the Merchant is responsible for complying with all applicable laws relating to that sale/supply.
c. The Company makes no warranties, express or implied, with respect to any Gift Card or the balance of any Gift Card, including, without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event a Gift Card is nonfunctional, Purchaser’s sole remedy, and the Company’s sole liability, will be the replacement of that Gift Card.
d. The Company does not warrant use or operation of the Website. If the Website becomes temporarily inoperable, the Company will not be liable to any Purchaser or third party.
e. Any information given to the Company by a Purchaser shall be deemed non-confidential material.
a. Unless authorized by the Company in writing, the reproduction, sale, resale, or trade of a Gift Card is prohibited. Any attempt to do so may void the Gift Card at the discretion of the Company.
b. A Gift Card may be redeemed for Gift Card Products or Other Products, as available. If the Merchant allows the Gift Card to be redeemed for goods and services that are not Gift Card Products or Other Products, there will be no entitlement to a credit, cash or new Gift Card equal to the applicable difference in value.
c. It is at the discretion of the Merchant to determine whether Gift Cards can be combined with any other promotions, vouchers, third party certificates or Gift Cards.
d. From time to time Vouchers may be limited in quantity.
10. Refunds. If a Merchant fails to provide the good/service during the validity period of a Gift Card, the Gift Card purchaser must notify the Company within ten (10) days following the expiration of the subject Gift Card. The Company will either ensure that the good/service are provided by the Merchant, or issue a refund, in the sole discretion of the Company.
11. Purchaser Obligations. A Gift Card purchaser and/or holder represents, warrants, and agrees as follows:
a. All information provided to the Company shall be true, complete, and accurate, and will be updated promptly upon change.
b. To be responsible for determining whether any Gift Card Products and Other Products meet the user’s specific requirements.
c. To use the Website in accordance with all terms and conditions thereof.
12. Suspension and Termination. If Purchaser, or another person allowed by Purchaser, uses the Website or a Gift Card or any Gift Card Products or Other Products in contravention of this Agreement, the Company may suspend Purchaser’s use of the Website and Gift Cards, in the Company’s sole discretion, without refund.
13. Indemnity. Purchaser indemnifies the Company against each loss, liability, or cost incurred by the Company arising out of any claims or legal proceedings which are brought or threatened against the Company by any person arising from either (1) Purchaser’s use of the Website or a Gift Card; (2) Purchaser’s use of any Gift Card Products or Other Products; or (3) Purchaser’s breach of this Agreement.
14. Amendment. The Company reserves the right to amend this Agreement at any time; it is Purchaser’s responsibility to review this Agreement, as may be amended, on each occasion Purchaser purchase a Gift Card or otherwise uses the Website. All amendments to this Agreement will be posted on-line.
15. Disputes. Any dispute or claim relating in any way to a Gift Card will be resolved by binding arbitration, rather than in court, except that a Purchaser may assert claims in small claims court if such 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. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to LSP US CORP / GIFTPAX – 1820 NE 163rd St #204, North Miami Beach, FL 33162. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The prevailing party in such arbitration will be entitled to recover its reasonable attorney’s fees and costs expended in the arbitration. Purchaser may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location. The Company and Purchaser 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, the parties hereto each waive any right to a jury trial. The parties hereto also agree that either may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Laws of the State of Florida, without regard to principles of conflict of laws, will govern this Agreement and any dispute that may arise hereunder.
16. Severability. 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.
17. Exclusion. Except as expressly stated in this Agreement, all warranties, conditions and other terms of the Company, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
18. Assignment. Purchaser may not assign or delegate or otherwise deal with all or any rights or obligations under this Agreement. The Company shall have the right to assign or otherwise delegate all or any rights or obligations under this Agreement to any person.
19. Force majeure. The Company shall not be liable for any breach of its obligations under this Agreement where the Company is hindered or prevented from carrying out its obligations by any cause outside its reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labor dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
21. No waiver. No waiver by the Company of any default under this Agreement shall operate or be construed as a waiver by the Company of any future defaults, whether or a like or different character. No granting of time or other forbearance or indulgence by the Company to Purchaser shall in any way release, discharge or otherwise affect Purchaser’s liability under this Agreement.
22. Notices. Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if for the purpose of legal process) sent by facsimile or by pre-paid post. If to Purchaser, notice shall be given at the address Purchaser supplied to the Company, if any.