GIFT CARD TERMS OF USE AGREEMENT
Flores & Pine Gift Card Terms of Use Agreement
IMPORTANT - PLEASE READ: The following agreement describes the terms and conditions that apply to the pre-paid account of your Flores & Pine Gift Card (Flores & Pine Gift Card).
By using your Flores & Pine Gift Card, you agree to the terms and conditions of this agreement. Please keep a copy of this agreement for your records. The terms and conditions of this agreement will govern the use of the
Flores & Pine Gift Card by you or anyone else who holds or uses the Flores & Pine Gift Card. Flores & Pine purchases only the Flores & Pine Gift Card allows you to load a dollar value on to your Flores & Pine Gift Card for future purchases made at Flores & Pine for programs and at Flores & Pine locations. The dollar value that you load onto your Flores & Pine Gift Card is a pre-payment only for selected goods and services. No credit card, credit line, overdraft protection, or deposit account is associated with a Flores & Pine Gift Card unless otherwise required by law or permitted by this agreement; any amount on your Flores & Pine Gift Card is non-refundable and may not be redeemed for cash at Flores & Pine. No interest, dividends, or any other earnings on funds deposited onto a Flores & Pine Gift Card will accrue or be paid or credited to you by Flores & Pine. The value associated with the Flores & Pine Gift Card is not insured by the Canadian Deposit Insurance Corporation (CDIC).
Flores & Pine Gift Cards are limited to Flores & Pine programs and locations. We reserve the right not to accept, load, reload or re-issue any Flore & Pine Gift Card or otherwise limit the use of a Flores & Pine Gift Card if we reasonably believe that the use is unauthorized, fraudulent, or otherwise unlawful.
Loading and Reloading Value on Your Card
You can load (or reload) a dollar value on the Flores & Pine Gift Card at specific locations throughout Flores & Pine, using cash, an approved credit card or debit card. All Flores & Pine Gift Cards must be activated at specific locations throughout the Flores & Pine (no activation can take place online). The loaded amount will appear on your Flores & Pine Gift Card immediately. You may load a minimum of $25.00 to a maximum of $500.00 worth of value to your Flores & Pine Gift Card. All amounts loaded onto your Flores & Pine Gift Card are held and denominated in Canadian currency.
Fees and Expiration of Card Balances
Flores & Pine does not charge any fees for the issuance, activation, or use of your Flores & Pine Gift Card and your Flores & Pine Gift Card has no expiration date. Flores & Pine Gift Cards with a zero balance will be deactivated after two (2) years from the date of last use.
Receipts and Statements
Cardholders are not sent statements of itemized transactions from a Flores & Pine Gift Card account. You can check the balance of your Flores & Pine Gift Card by following the links on our website or going to ernex.com to set up your account. When you use your Flores & Pine Gift Card, you will be provided with a receipt but will not be asked to sign the receipt. The receipt will indicate that the purchase was made using a Flores & Pine Gift Card. You should retain your receipts from each transaction in order to ensure that your account balance is correct. You will need to produce your receipt in the event of a balance dispute.
Billing Errors, Corrections
We reserve the right to correct the balance of your Flores & Pine Gift Card account if we believe that a clerical, billing or accounting error occurred. We shall have no liability for any billing error unless you provide us notice within sixty (60) days of the date of the transaction in question. You should monitor your transactions and account balances closely.
Liability and Unauthorized Transactions
Because your Flores & Pine Gift Card is used like cash for purchases from Flores & Pine you are responsible for all transactions associated with your Flores & Pine Gift Card, including unauthorized transactions. If your Flores & Pine Gift Card becomes lost, stolen or damaged, we will be unable to replace or replenish. Please protect the Flores & Pine Gift Card as if it was CASH.
Privacy Statement
For information concerning how we collect, use and disclose information concerning the Flores & Pine Gift Card, you should refer to our website or call 1-403-241-7611 and ask us to mail you a copy.
Amendments to this Agreement
We may amend the terms or conditions of this agreement, including any rights or obligations you or we may have. We will post the terms and conditions of the amended agreement on our website. As permitted by applicable law, any amendment will become effective at the Flores & Pine when we post the amended agreement on our web site or as otherwise stated in our notice to you. Unless we state otherwise, the amendment will apply to your future and existing Flores & Pine Gift Cards. You are deemed to accept the amendments if you use your Flores & Pine Gift Card after such notice period.
Suspension or Termination of this Agreement
We may suspend or terminate this agreement in whole or in part for any reason or no reason without notice or liability to you, including in connection with the termination of the Flores & Pine Gift Card program. If we terminate this agreement without cause, we will refund or issue credits equal to the balance held in your Flores & Pine Gift Card account.
Governing Law
This agreement shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, notwithstanding any conflict of law rules.
Disclaimers and Limits of Liability
FLORES & PINE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE FLORES & PINE GIFT CARD, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. FLORES & PINE DOES NOT REPRESENT OR WARRANT THAT YOUR FLORES & PINE GIFT CARD WILL ALWAYS BE ACCEPTED OR THE FLORES & PINE GIFT CARD PROGRAM WILL ALWAYS BE ACCESSIBLE. IN THE EVENT THAT FLORES & PINE IS FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES AND SUCH DAMAGES SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR FLORES & PINE GIFT CARD PRIOR TO FLORES & PINE AT WHICH SUCH DAMAGES AROSE. FLORES & PINE SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE, USE OR DATA) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FLORES & PINE HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A FLORES & PINE GIFT CARD THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY, OR AS A RESULT OF ANY DELAY OR MISTAKE RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL.
Assignment
We may assign all of part of this agreement without notice to you. We are then released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this agreement.
Entire Agreement
This agreement is the complete and exclusive statement of agreement between you and Flores & Pine, and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this agreement.
Questions or Notices
If you have any questions or wish to send us any notice regarding this agreement or your Flores & Pine Gift Card, please visit our website or call us at 1-403-241-7611.
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