Gift Card Abbreviated Terms
This online Gift Card (“Gift Card”) can be redeemed only for purchases at the merchant issuing the Gift Card (“Merchant”). This Gift Card cannot be returned or exchanged for cash unless required by law. This Gift Card does not expire, and no fees will be charged against the balance. If lost, stolen, destroyed or used without your permission, the Gift Card will not be replaced. Use of this Gift Card constitutes acceptance of its terms and conditions. This Gift Card is issued by and represents an obligation solely of the Merchant and does not represent an obligation of the Gilroy Downtown Business Association or its affiliates. For more information about this Gift Card, please call us at (408) 842-0005.
Customer Gift Card Terms & Conditions
Date of last update: April 1, 2020
The following Terms and Conditions (referred to as the “Agreement”) describe the terms and conditions that apply to use of the online Gift Card (the “Gift Card”) issued by the merchant (“Merchant” or “Us”). This Agreement is between you, the customer (the “Customer”), and us, the Merchant. By purchasing, accepting, or using a Gift Card, you agree to be bound by this Agreement. If you do not agree with this Agreement, do not purchase a Gift Card.
- About Your Gift Card. The Gift Cards are merchant-issued Gift Cards; the Gift Cards are not debit or credit cards. The Gift Cards are issued by Us. Gilroy Downtown Business Association and its affiliates bear no responsibility or liability for any Gift Cards, and you knowingly release Gilroy Downtown Business Association. and its affiliates from any and all liability or claims of any nature whatsoever arising in connection with the Gift Cards.
- Redemption. Your Gift Card is redeemable only for purchases from Us. Gift Cards have no cash value and may not be redeemed for cash (except as required by law). Gift Cards are not redeemable to purchase another Gift Card or toward a previous purchase. You acknowledge that the ability to redeem the Gift Card may be delayed or otherwise impacted due to closures, reduced hours, and other restrictions in place due to the COVID-19 outbreak.
- No Expiration; No Fees. The Gift Cards do not expire. No fees for inactivity or service fees apply to the Gift Cards.
- Not Reloadable. Gift Cards may not be reloaded with additional value.
- No Refunds. No refunds are permitted with respect to the purchase of Gift Cards. All sales of Gift Cards are final.
- Lost, Damaged, or Stolen Gift Cards; Unauthorized Use. Lost, damaged or stolen Gift Cards will not be replaced or replenished. We are not responsible for unauthorized Gift Card use.
- Resale and Reproduction Prohibited. You may not sell a Gift Card or otherwise barter for its exchange. However, you may transfer a Gift Card to another person for no monetary consideration (e.g., as a gift). Unauthorized or unlawful reproduction, resale, modification, or trade of Gift Card is prohibited.
- Limitation of Liability. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
- Governing Law. The laws of the state of California without regard to principles of conflict of laws, apply to this Agreement and use of your Gift Card. If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
- Changes to Agreement. We reserve the right to change this Agreement from time to time in our discretion without special notice to you (“Updated Terms”). Your use of a Gift Card after we have provided you the Updated Terms (including by posting on our website or in our place of business, or by email) constitutes your agreement to the Updated Terms. The Updated Terms will be effective as of the time they are made available to you, or such later date as may be specified in the Updated Terms, and will apply to your use of a Gift Card from that point forward. The date of the last update to this Agreement is always indicated near the top of the page and any change in the date of this Agreement shall constitute notice to you that the Agreement has changed.
- Fraud/Violation of Terms. We reserve the right to refuse to honor, or to suspend or deactivate a Gift Card where we suspect that the Gift Card was obtained fraudulently, in violation of this Agreement, or in violation of applicable laws or other of our applicable terms and conditions.