|These terms and conditions govern your use of the American Express® Gift Card ("Terms and Conditions"). By purchasing, signing or using the American Express Gift Card ("Gift Card"), you are agreeing to the Terms and Conditions. The terms "you" and "your" refer to the person who purchased the Gift Card and/or the person who is using the Gift Card. The terms "we", "our" and "us" refer to American Express Travel Related Services Company, Inc. |
THE GIFT CARD
The Gift Card is a prepaid payment device that comes with a set dollar value printed on the front of the card. It is not a credit, charge or debit card. It can be used at retailers and other merchants located in the United States, Puerto Rico and the U.S. Virgin Islands that accept the American Express Card, including mail order, online and brick and mortar establishments ("Merchant"). The Gift Card cannot be used at cruise lines, for recurring billing purchases, or at casinos or ATMs. Usage restrictions apply for international airlines.
Use your Gift Card soon! While you may leave Available Funds on the Gift Card, starting 12 months after the date your Gift Card was purchased, and subject to applicable law, we will deduct a monthly service fee of $2.00 from your Available Funds. If we send you a replacement card, the initial 12 month waiver period is still tracked from the date your original Gift Card was purchased. Before redeeming any Available Funds after the "valid thru" date expires, we may hold the Available Funds for 10 business days after you request a check to ensure that all transactions have posted to our system.
BEFORE USING THE GIFT CARD
You must sign your signature on the back, where indicated. Write down the Gift Card number and the Customer Service number on a separate piece of paper in case the Gift Card is lost or stolen. We reserve the right to delay activation and use of the Gift Card for up to 4 hours after purchase. During any Customer Service call, we may request that you provide the card security code printed on the front of your Gift Card, as well as additional identification information such as your home phone number, date of birth, and zip code. We will use this data for a range of purposes, including but not limited to facilitating refunds if the Gift Card is lost or stolen, enhancing usage at Merchants that may require zip code authorization, and aiding in collection efforts in the event of a "shortage." We will hold your information in confidence in accordance with the section below entitled "Data Protection and Privacy."
TRACKING YOUR BALANCE
The value of the funds available on the Gift Card at any given time is referred to as the "Available Funds." The Available Funds on the Gift Card at the time of purchase is printed on the front of the card. If activation is required, instructions will be provided and the Gift Card has no value until it is activated. As you use the Gift Card, the Available Funds will be reduced by the full amount of each purchase including taxes, and any other fees. Once the Available Funds are depleted, the Gift Card is no longer valid and you agree (i) not to use the Gift Card and (ii) after you are sure that you do not intend to return any merchandise purchased with the Gift Card, to cut it in half and discard it. You must keep track of the Available Funds on your Gift Card. To obtain your Available Funds balance or to request information about previous transactions, visit www.americanexpress.com/giftcard or call toll free within the United States - 1-877-AXP-GIFT ("Customer Service Number"). Your Available Funds balance will reflect all authorization requests that have been submitted by Merchants. If you have a question about a transaction that has been posted to your Gift Card, notify us immediately, but no later than 60 days from the date of the transaction, by calling the Customer Service Number.
"VALID THRU" DATE
The "valid thru" date indicated on the Gift Card is required to ensure that the Gift Card can be used at Merchants that request and/or require customers to provide a plastic expiration date during the transaction process. You must not use the Gift Card after the "valid thru" date. The Available Funds on the Gift Card do not expire, but will be reduced by service fees as described in these Terms and Conditions. If Available Funds remain on the Gift Card after the "valid thru" date, call the Customer Service Number to obtain a free replacement Gift Card or for instructions on how to redeem the Available Funds. We reserve the right to decline to issue a replacement Gift Card.
LOST OR STOLEN CARDS
If your Gift Card is lost, stolen or used improperly, contact us immediately at the Customer Service Number - 1-877-297-4438. You must provide the Gift Card number and other identifying details. If our records show that there are still Available Funds remaining on the Gift Card, we will cancel the Gift Card and send you a replacement card in the amount of Available Funds on your lost/stolen Gift Card at the time you notified us that it was lost/stolen. NO REFUNDS WILL BE PROVIDED FOR AMOUNTS DEBITED FROM YOUR LOST/STOLEN GIFT CARD BEFORE YOU NOTIFY US.
USING THE CARD
Present the Gift Card to the Merchant at the time of payment and sign the receipt with the same signature you used when you signed the back of the Gift Card. Retain the receipt as a record of the transaction. You agree to use the Gift Card only at Merchants and only for lawful purposes. You authorize us to deduct the full amount of each purchase including taxes and any other fees from the Available Funds whenever your Gift Card is used to make a purchase. The Gift Card is not transferable and you agree not to permit any other person to use your Gift Card after it is activated. You acknowledge that purchases made with prepaid cards, such as the Gift Card, are similar to those made with cash or travelers cheques. You cannot "stop payment" or lodge a "billing dispute" on such transactions. Any problems or disputes you may have regarding a purchase should be addressed directly with the Merchant. If you wish to purchase an item for more than the Available Funds, depending on the Merchant’s policy, you may be able to use your Gift Card toward a portion of the final purchase price, and then use another form of payment to pay the balance of the final purchase price. Before you request a "split tender" transaction, call the Customer Service Number to check your Available Funds balance. Then, you must ask the Merchant if two forms of payment will be accepted for the purchase. If the Merchant agrees, first request that a specific dollar amount be placed on the other form of payment (e.g., the final transaction amount less your Available Funds balance), and then use your Gift Card to pay the remaining balance. Some retailers, particularly department stores, will only allow a "split tender" transaction if the second form of payment is cash or check. Internet and most mail order merchants do not permit "split tender" transactions. We do not guarantee that the Merchant will accept two forms of payment, such as two gift cards. Some Merchants (such as restaurants and salons) will obtain an authorization on the Gift Card for an amount up to 20% more than the total bill to cover any tip/gratuity that you may add to the purchase. Hotels and gas stations will also secure an authorization on the Gift Card in excess of the estimated purchase amount to ensure that adequate funds are available to cover the final purchase. The entire amount of the authorization will remain unavailable until the actual transaction posts (typically within three business days), although only the amount you actually authorize will be deducted from the value of the Gift Card. Car rentals may only accept the Gift Card at the end of the rental. If you attempt to use the Gift Card when there are insufficient Available Funds for the particular transaction, and the Merchant does not fulfill a request to process a "split tender" transaction as described above, the transaction will usually be declined. However, if a transaction occurs despite insufficient Available Funds on the Gift Card, you agree to reimburse us, upon request, for the amount of the negative balance created on the Gift Card. From time to time the Gift Card service may be inoperative. If this occurs, you will be unable to use your Gift Card and/or obtain information about your Available Funds.
If you wish to return any merchandise purchased with the Gift Card, you will be subject to the Merchant’s return policies. If the Merchant agrees to issue a credit to the Gift Card, such funds may not be available for 3 to 7 days.
We are not responsible or liable to you (i) for any interruption of the Gift Card service, (ii) for the quality, safety, legality, or any other aspect of any goods or services purchased from any Merchant with your Gift Card, (iii) if any Merchant refuses to honor the Gift Card or special offers and/or (iv) for any other problems you may have with any Merchant. If you have a dispute with a Merchant, you agree to settle the dispute directly with the Merchant. If a Merchant fails to honor the Gift Card, call the Customer Service Number to report the incident.
SPECIAL OFFERS FOR GIFT CARD USAGE
Special offers may be available from time to time at participating merchants. We reserve the right to add to, change and/or cancel the offers at any time without notice, change and/or terminate the merchants that extend the offers, and condition redemptions on certain requirements (e.g., minimum purchase amount, presentation of coupons or redemptions code at the point-of-sale). Terms, conditions and restrictions of each offer, including but not limited to availability during defined time periods, are described in our communications.
CHANGING THESE TERMS AND CONDITIONS / NOTICES / GIFT CARD CANCELLATION
We may change the terms of, or add new terms to, these Terms and Conditions at any time, with or without cause, and without giving you notice, in accordance with applicable law. In addition, we may suspend, cancel, add, modify or delete any feature offered in connection with your Gift Card at our sole discretion at any time, with or without cause, and without giving you notice, subject to applicable law. Any notice given by us shall be deemed given when deposited in the United States mail, postage prepaid, addressed to you at the latest address shown on our records. If we cancel your Gift Card, any Available Funds remaining on the Gift Card upon such cancellation, after payment for all applicable fees, will be returned to you. If the "valid thru" date on the Gift Card has not expired, we may condition reimbursement upon return of the Gift Card. The Gift Card is our property.
ASSIGNMENT AND WAIVER
We may assign these Terms and Conditions to a third party at any time without notice to you. However, if we assign these Terms and Conditions, the terms will remain substantially and materially the same unless you are notified. If we reimburse you for a refund claim you have made for a lost or stolen Gift Card, or if we otherwise provide you with a credit or payment with respect to any problem arising out of any transaction made with the Gift Card, you are automatically deemed to assign and transfer to us any rights and claims, excluding tort claims, that you have, had or may have against any third party for an amount equal to the amount we have paid to you or credited to your Gift Card. You agree that you will not pursue any claim against, or reimbursement from, such third party for the amount that we paid or credited to your Gift Card, and that you will cooperate with us if we decide to pursue the third party for the amount paid or credited. Neither our failure to exercise any of our rights under these Terms and Conditions, nor our delay in enforcing or exercising any of our rights, shall constitute a waiver of such rights. If we waive any right under these Terms and Conditions on one occasion, such waiver shall not operate as a waiver as to any other occasion.
DATA PROTECTION AND PRIVACY
We may obtain personal information ("Cardholder Information") about you, including information (i) provided to us by the Gift Card purchaser, such as your name and/or your address, (ii) provided by you at the time of activation or during customer service calls, and (iii) about purchases made with the Gift Card, such as the date, the amount and the place of purchase. For purposes of fraud prevention and regulatory compliance, we may also obtain information from providers of identity verification data and demographic information. Only those persons who need it to perform their job responsibilities are authorized to have access to Cardholder Information. We also maintain physical, electronic, and procedural security measures that comply with federal regulations to safeguard Cardholder Information.
Disclosure: We will use Cardholder Information to process Gift Card transactions, to provide customer service, to process claims for lost or stolen Gift Cards and to help protect against fraud. We also use Cardholder Information for marketing purposes and to conduct research and analysis and we may disclose Cardholder Information for the same purposes to companies that work with us. For example, we may provide certain Cardholder Information to companies, including our affiliated companies, that perform business operations or services, including marketing services, on our behalf. We may provide certain Cardholder Information to others outside of American Express as permitted by law, such as to government entities or other third parties in response to subpoenas.
Offers / Choice: We may develop marketing programs and send you offers for products and services. We do not share customer addresses with other companies for them to market their own products and services. If you prefer not to receive offers, you may opt out by calling us in the United States toll free at 1-800-722-8614. If you opt out from receiving these offers, we may still send important information about the Gift Card or other American Express products and services to you.
From time to time we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law.
Agreement to Arbitrate Disputes:
This Arbitration Provision sets forth the circumstances and procedures under which Claims (defined below) that arise between you and us may be settled through binding arbitration. This means that neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim. Other rights that you would have in court also may not be available or may be limited in arbitration, including your right to appeal. Nothing in this provision precludes you from filing and pursuing your individual Claim in a small claims court in your state or municipality, so long as that Claim is pending only in that court. Definitions:
As used in this Arbitration Provision, the term "Claim" shall mean and include any claim, dispute or controversy of every kind and nature, whether based in law or equity, between you and us arising from or relating to the Gift Card or these Terms and Conditions, as well as any related or prior agreement that you may have had with us or the relationships resulting from any of the above agreements ("Agreements"), including the validity, enforceability or scope of this Arbitration Provision or the Agreements. "Claim" also includes claims by or against any third party using or providing any product, service or benefit in connection with the Gift Card (including, but not limited to, third parties who accept the Gift Card, third parties who use, provide or participate in programs accessed with the Gift Card, enrollment services and rewards programs, debt collectors and all of their agents, employees, directors and representatives) if and only if, such third party is named as a co-party with you or us (or files a Claim with or against you or us) in connection with a Claim asserted by you or us against the other. As used in this Arbitration Provision, "you" and "us" also includes any corporate parent, or wholly or majority owned subsidiaries, affiliates, any licensees, predecessors, successors, assigns, any purchaser of any accounts, all agents, employees, directors and representatives of any of the foregoing, and any third party using or providing any product, service or benefit in connection with the Gift Card. Initiation of Arbitration Proceeding/Selection of Administrator:
Upon election by you or us, any Claim shall be determined by arbitration administered by either the National Arbitration Forum ("NAF") or the American Arbitration Association ("AAA") in accordance with this Arbitration Provision and the code of procedures (the "Code") of either the NAF or AAA that is in effect at the time of the arbitration, except to the extent the Code conflicts with this Arbitration Provision or the Terms and Conditions. If you object to our arbitration administrator selection, you may, within 30 days of receipt of notice of our election, select the other organization. For a copy of the procedures, to file a Claim or for other information, contact: (1) NAF, P.O. Box 50191, Minneapolis, MN 55404, www.arbitration-forum.com
; or (2) AAA, 335 Madison Ave, New York, NY 10017, www.adr.org
. Class Action Waiver and Other Restrictions:
Arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to Claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Terms and Conditions (including the "Continuation" provision below), and without waiving either party’s right of appeal, if any portion of this "Class Action Waiver and Other Restrictions" provision is deemed invalid or unenforceable, then the entire Arbitration Provision (other than this sentence) shall not apply. Arbitration Procedures:
This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended ("FAA"), and the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law. Federal or state rules of civil procedure or evidence shall not apply. Written requests to expand the scope of discovery rest within the arbitrator’s sole discretion and shall be determined pursuant to the applicable Code. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the written arbitral award may be entered in any court having jurisdiction. Subject to the right of appeal under the FAA, the arbitrator’s written decision will be final and binding unless you or we take an appeal from the award by making a dated, written request to the arbitration organization within 30 days from the date of entry of the written arbitral award. A three-arbitrator panel administered by the same arbitration organization shall consider anew any aspect of the award objected to by the appellant, conduct an arbitration pursuant to its Code and issue its decision within 120 days of the date of the appellant’s written notice. The panel’s majority vote decision shall be final and binding. Location of Arbitration/Payment of Fees:
The arbitration shall take place in the federal judicial district of your residence. Irrespective of who prevails in arbitration, you will only be responsible for paying your share, if any, of the arbitration fees required by the applicable Code, which amount shall not exceed the filing fees you would have incurred if the Claim had been brought in the appropriate state or federal court closest to your residence. We will pay the remainder of any arbitration fees. At your written request, we will consider in good faith making a temporary advance of all or part of your share of the arbitration fees. Waivers also may be available from the NAF or AAA. Continuation:
This Arbitration Provision shall survive termination of your Gift Card, as well as voluntary payment in full of any Shortages, any debt collection proceeding by or between you and us, and any bankruptcy by you or us. If any portion of this Arbitration Provision, except the "Class Action Waiver and Other Restrictions" provision above, is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this Arbitration Provision, these Terms and Conditions or any predecessor agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
These Terms and Conditions and your Gift Card, and all questions about their legality, enforceability and interpretation, are governed by the laws of the State of New York, USA (without regard to internal principles of conflicts of law).
The Gift Card is issued by American Express Travel Related Services Company, Inc.
©2008 American Express Travel Related Services Company, Inc.