By using your Jimmy John's Gift Card and/or the Jimmy John's Gift Card website located at www.jimmyjohns.com/giftcards (the "Website"), you agree to the following terms and conditions regarding the use of the card and the Website (the "Terms and Conditions"). These Terms and Conditions are in addition to the terms and conditions for the www.jimmyjohns.com website found at www.jimmyjohns.com/terms-and-conditions/ and such terms and conditions are incorporated herein. To the extent there is any conflict between the terms and conditions for the www.jimmyjohns.com website and these Terms and Conditions, these Terms and Conditions will prevail. We may change these Terms and Conditions from time to time and all changes are effective upon posting to the Website without notice to you. You are responsible for reviewing these Terms and Conditions regularly. Your continued use of the Jimmy John's Gift Card and/or this Website constitutes your acceptance of these Terms and Conditions, including any changes made to them in the future.
The Jimmy John's Gift Card may only be used (1) for making authorized purchases at participating Jimmy John's restaurants in the 50 United States ("Participating Restaurant(s)"), (2) for delivery orders by telephone from Participating Restaurants, or (3) purchases online at www.jimmyjohns.com. The Jimmy John's Gift Card is VOID WHERE PROHIBITED. Jimmy John's Gift Cards will only be sold in and from the United States through the Participating Restaurants and the Website. All sales of the Jimmy John's Gift Card are final. No refunds will be provided for the purchase of any Jimmy John's Gift Cards. Jimmy John's Gift Cards will not be shipped to destinations outside of the 50 United States. The Jimmy John's Gift Card may not be resold by any unauthorized party under penalty of law; unlawful resale or attempted resale in violation of these Terms and Conditions is grounds for seizure and cancellation of the Jimmy John's Gift Cards without compensation, in addition to other legal remedies. Jimmy John's Gift Cards obtained through unauthorized channels will be considered void, and no refunds or reimbursements will be offered. The Jimmy John's Gift Card does not expire and no fees will be charged after purchase of the card. You can reload your Jimmy John's Gift Card at any time at any Participating Restaurant. The online purchase of the Jimmy John's Gift Card may be subject to additional costs, such as shipping and handling, as specified on the Website. Protect the Jimmy John's Gift Card as you would cash. The Jimmy John's Gift Card may be damaged, including by excess heat and magnetic fields. Jimmy John's Franchise, LLC ("Jimmy John's Franchise"), its subsidiaries, franchisees and affiliates (these parties and Jimmy John's Franchise are collectively referred to as the "Jimmy John's Parties") are not responsible for lost, stolen or damaged cards. The value of a Jimmy John's Gift Card will not be replaced for lost, stolen or damaged cards.
Present the Jimmy John's Gift Card to the cashier at any Participating Restaurant at the time of purchase, use your Jimmy John's Gift Card for any delivery order by telephone with a Participating Restaurant by notifying the Participating Restaurant at the time you place your order, or use your Jimmy John's Gift Card for purchases through www.jimmyjohns.com, and any available balance on the card, up to the full amount of your purchase, will be applied toward your purchase. The Jimmy John's Gift Card may not be used for purchase of other gift cards or gift certificates. The Jimmy John's Gift Card cannot be redeemed for cash, except where required by law. Jimmy John's Franchise may terminate the issuance of Jimmy John's Gift Cards and/or its operation of the Website at any time, with or without notice to you. Any such termination will not affect the value of any Jimmy John's Gift Cards then outstanding.
We reserve the right to correct your Jimmy John's Gift Card account if we believe that a clerical, billing, or accounting error occurred. You can check the balance of your card at Participating Restaurants or online at the Website.
The Jimmy John's Parties and their service providers are not responsible for any: (a) telephone, computer, hardware, software, programming malfunction or interrupted or unavailable network, server or other connections, network malfunction, communication disruption or other technical or non-technical failures, errors or malfunctions; or (b) other forces beyond the reasonable control of the Jimmy John's Parties, including inability to access the Website or other disruption related to Internet traffic, virus, bug, or unauthorized intervention. Such failures may temporarily affect your ability to use your Jimmy John's Gift Card online, or at Participating Restaurants, and none of the Jimmy John's Parties shall have any liability for any such temporary interruptions.
You accept all responsibility for, and hereby agree to indemnify and hold harmless the Jimmy John's Parties and their respective officers, directors, employees, shareholders, agents, successors, assigns and service providers, from and against any claims that may arise from actions taken by you or for any unauthorized access to or use or misuse of your Jimmy John's Gift Card or the Website.
Any and all disputes, claims, and causes of action arising out of or connected with the Jimmy John's Gift Card and/or the Website shall be resolved individually, without resort to any form of class or representative action; and, exclusively by binding arbitration under the then-prevailing Commercial Arbitration Rules of the American Arbitration Association ("AAA"). Any such arbitration shall take place in Chicago, Illinois before a panel of three neutral arbitrators selected in accordance with the procedures of the AAA.
IN NO EVENT SHALL THE JIMMY JOHN'S PARTIES BE LIABLE FOR INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE ISSUANCE OR RELOADING OF A JIMMY JOHN'S GIFT CARD, OR THE USE OF THE JIMMY JOHN'S GIFT CARD OR THE WEBSITE, EVEN IF THE JIMMY JOHN'S PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE JIMMY JOHN'S PARTIES' AGGREGATE LIABILITY ARISING OUT OF OR BASED UPON THIS AGREEMENT REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, INCLUDING WITHOUT LIMITATION, ANY ACTION IN TORT OR CONTRACT, EXCEED THE AMOUNT PAID BY YOU FOR THE JIMMY JOHN'S GIFT CARD FOR THE ORIGINAL PURCHASE OR, IF RELOADED, THE MOST RECENT RELOADED AMOUNT. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified only to the extent necessary to make it enforceable, or if the foregoing is not possible, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
DIGITAL GIFT CARD TERMS AND CONDITIONS
IMPORTANT: ALL USERS MUST READ AND AGREE WITH THESE TERMS AN CONDITIONS
(these "Terms and Conditions")
General Terms
Our
Online gift card orders sold by participating Sellers (collectively
the "Merchant") of Gift Cards (collectively, the "Gift Cards") are
processed and distributed by Treat Wallet, Inc, dba eGiftify
("eGiftify), a Delaware corporation, to sell and distribute
services which may include gift cards, offers, and promos
(collectively referred to as the "Services") via eGiftify digital
channels, websites, mobile sites and applications (collectively
referred to as the "eGiftify Sites"). eGiftify is the channel
through which such Gift Cards are processed and this Agreement
between you and eGiftify governs your purchase of such Gift Cards.
By accessing this site and by processing a Gift Card on this site, you agree to be bound by these Terms and Conditions. eGiftify reserves the right to change these Terms and Conditions at any time and in its sole discretion. Any changes will be effective upon posting of the revisions and notice of such changes to the site.
The agreement governing your ownership and use of the Gift Cards is between you and the Merchant.
Sales are Final
All sales are final. You may not return, cancel, or redeem for cash
or credit any Gift Card after it is purchased, unless otherwise
stated by law. eGiftify and Merchant are not responsible for lost
or stolen cards or for unauthorized use of Gift Card. There will be
no refunds or exchange for cash of Gift Cards unless required by
Law.
Risk of Loss
Gift
Cards have monetary value and should be protected accordingly.
Ownership and risk of loss of Gift Cards is transferred to the
recipient of the Gift Card immediately upon completion of
processing of your order. Neither eGiftify nor the Merchant is
responsible for lost, damaged, or stolen Gift Cards or any
remaining balances on such Gift Cards.
Purchasing
All
orders of Gift Cards (or other "Services") are subject to a process
that verifies information provided by you for credit card
authorization and fraud prevention. In order to purchase a Gift
Card, you will need to provide certain information to eGiftify,
including credit card and related payment and billing information.
eGiftify and/or the Merchant may contact you to request further
information to validate the transaction. If there is a discrepancy,
or your information is flagged for additional review during the
sale or post sale, your Gift Card order may be delayed, held until
the information can be verified, or cancelled either before or
after distribution to Recipient at eGiftify or Merchant's sole
discretion. In the act of providing such information, you represent
and warrant that all information provided is current, complete and
accurate. The collection, use, and disclosure of your information
are subject to eGiftify's Privacy Policy (available at https://customer.egiftify.com/customer/Privacy),
which is incorporated by reference into these Terms and Conditions.
Shipped gift card orders cannot be sent to a PO box.
Delivery
If the
date you selected for delivery of your Gift Card has passed and you
have not received confirmation that the Gift Card was sent, please
contact the Merchant Customer Support. Please have on hand your
Order Number or Gift Card Number and be ready to provide your email
address. Neither eGiftify nor the Merchant is responsible for Gift
Cards that are undeliverable or not received due to your failure to
enter an accurate email (or shipping, if applicable) address or
other relevant delivery information for the recipient.
If plastic Gift Cards are offered by the Merchant and fulfilled by eGiftify or a third party, validated orders for plastic Gift Cards will be processed and shipped within forty hours of order placement. Purchaser and Recipient acknowledge that eGiftify and Merchant may utilize certain third parties to deliver Services under this agreement and hereby agree to hold eGiftify and Merchant harmless for any issues arising from their use of such third parties.
Personalized Messages or Images
If the Merchant or eGiftify deems any personalized messages or
images provided by you are inappropriate, offensive, or otherwise
objectionable, your order may be cancelled at the sole discretion
of the Merchant or eGiftify. Purchaser is solely responsible for
any and all images, content, or messages that Purchaser
incorporates into Gift Card and shall indemnify eGiftify and
Merchant for any liability arising from Purchaser's use of
eGiftify's Gift Card Service.
Age
Only a person
of the age of majority in the jurisdiction where you live and who
can form legally binding contracts under applicable law (or a legal
guardian of a minor who authorizes the minor to purchase the Gift
Card (or other Services)) may purchase a Gift Card (or other
Services). By agreeing to these Terms and Conditions, you represent
that you are at least the age of majority in the jurisdiction where
you live, or that you are at least the age of majority in the
jurisdiction where you live and you have given us your consent to
allow any of your minor dependents to use this site.
Limitation of Liability
NEITHER THE
MERCHANT, EGIFTIFY, OR THEIR RESPECTIVE AFFLILATES MAKE ANY
WARRANTIES OR CONDITIONS, EXPRESSED OR IMPLIED, WITH RESPECT TO
GIFT CARDS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESSED OR IMPLIED
WARRANTY OR CONDITION OF MERCHANTABILITY, DURABILITY, OR FITNESS
FOR A PARTICULAR PURPOSE. NEITHER THE MERCHANT, EGIFTIFY, OR THEIR
RESPECTIVE AFFILIATES WILL HAVE ANY LIABILITY TO YOU FOR SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR
PURCHASE OR YOUR USE OR INABILITY TO USE THE GIFT CARD.
IF A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY (AND THE MERCHANT'S AND EGIFTIFY'S SOLE LIABILITY) SHALL BE THE REPLACEMENT OF SUCH GIFT CARD TO THE VERIFIED REMAINING BALANCE SUCH GIFT CARD. EGIFTIFY SHALL BEAR NO LIABILITY FOR THE REPLACEMENT OF ANY GIFT CARD FOR ANY REASON WHATSOEVER.
IF 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, BECOMES SUBJECT TO ANY PROCEEDING UNDER ANY BANKRUPTCY OR INSOLVENCY LAW, WHETHER DOMESTIC OR FOREIGN, OR HAS WOUND UP OR LIQUIDATED, VOLUNTARILY OR OTHERWISE, ANY OUTSTANDING GIFT CARD BALANCES 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 EGIFTIFY BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR THE VALUE OF THE OUTSTANDING OR REMAINING BALANCE OF ANY OR ALL GIFT CARDS.
Warranties
THIS
SITE IS MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OR
CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR
PURPOSE.
Indemnification
You agree to defend, indemnify, and hold harmless the Merchant,
eGiftify, 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, eGiftify, or their respective
partners or affiliates.
Governing Law and Adjudication of
Disputes
These Terms and Conditions are governed
by the laws of State of Delaware, without regard to conflicts of
law principles that would apply to a different body of law. Any
dispute relating to your purchase of Gift Cards or other Services
shall be adjudicated in the jurisdiction of eGiftify.
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