Gift Card Terms & Conditions

In these Terms and Conditions, 'You' and 'Your' means the person who has received the Churned Creamery Gift Card. 'We', 'Us' and 'Our' means the merchant who issued the Churned Creamery Gift Card, or the Card issuing entity, Touch and Serve, Inc., and each of their successors, affiliates or assigns. 'Card' means Churned Creamery Gift Card. By using Card, You agree to the terms of this agreement. Please keep a copy of this agreement for Your records.

About Your Account

The Card is issued to You by Us. It allows You to load a dollar value onto Your Card for future purchases at participating location. The dollar value that You load onto Your Card is a prepayment only for the goods and services of participating stores. No credit card, credit line, overdraft protection or deposit account is associated with Your Card.  Unless otherwise required by law or permitted by this agreement, any amount on Your Card is non-refundable and cannot be redeemed for cash. No interest, dividends or any other earnings on funds deposited to Your Card will accrue or be paid or credited to You by Us. The value associated with Your Card is not insured by the Federal Deposit Insurance Corporation (FDIC).

Certain locations may not permit You to use Your Card for payment. For an up-to-date list of stores that accept the Card, visit the website listed on the back of Your Card. We reserve the right not to accept Your Card or otherwise limit use of the Card if we reasonably believe that the use is unauthorized fraudulent or otherwise unlawful.

Loading Value on Your Card

You can load a dollar value on Your Card by visiting the issuing locations, or online at website listed on the back of Your Card. The value loaded onto Your Card cannot exceed $250. The minimum amount that can be reloaded onto Your Card is $10.

Fees and Expirations of Card Balances

There is an initial $1.00 activation fee when purchasing a new card. No other fees apply. This Card does not expire.

Receipts and Statements

You are not sent statements of itemized transactions from Your account. You can check the balance of Your Card or review recent transactions on Your Card at participating locations, by calling the number on the back of Your Card, or checking the website listed on the back of Your Card. You will need to have Your Card available in order to access Your account information. The account balance of Your Card will appear on Your receipt. You will receive a receipt upon request when using Your Card.

Billing Errors, Corrections

We reserve the right to correct the balance of Your account if we believe that a clerical, billing or accounting error has occurred. If You have questions regarding Your transaction history or any correction, or if You need to dispute any transaction or correction that has been assessed against Your Card, please call the number listed on the back of Your Card. We are not liable for any billing error unless You provide us notice within 60 days of the date of the transaction in question. You are responsible for monitoring Your Card balance and activity.

Registration, Liability for Unauthorized Transactions

You are responsible for all transactions associated with Your Card. Please notify Us immediately if there are unauthorized transactions on Your Card. Cards that have been lost or stolen will be frozen to prevent any unauthorized activity. Cards that are lost, stolen, or destroyed can be replaced with a new Card with the previous remaining balance only if the card has been registered with Us. To register Your Card, visit the website listed on the back of Your Card or call the Customer Service number listed on the back of Your Card.

If your Card has been lost or stolen, please contact us immediately at the Customer Service number listed on the back of Your Card. Your card is only protected from the time you contact Us.

Card Access

The Card is a prepaid Card that can be used for purchases of merchandise from participating locations, using the contact information on the back of Your Card. The Card may not be used to make purchases from other merchants, to obtain cash from automated teller machines (ATMs) or for any other type of purchase or cash advance.

Card Limitations

You must have sufficient, available funds to pay for all Card transactions. If the purchase amount is greater than the available funds, the difference may be paid for with cash, check or credit or debit card, subject to the policy of the merchants. If the merchant attempts to process the Card for more than the available funds, the transaction will be declined. You may confirm Your available balance or transactions online at the website listed on the back of Your Card or by calling the number listed on the back of Your Card. You may only use Your Card in the manner and for the purposes described in these Terms and Conditions. Your Card may not be used for illegal transactions or for any type of pre-authorized transactions such as recurring monthly payments, dues or fees.

Disclosure of Information to Third Parties

We will disclose information to third parties about Your Card or a transaction that You make under the following circumstances: where it is necessary for completing the transaction; in connection with examinations by any taxing or other regulatory authorities; for analytical purposes; if You give Us written permission; and as otherwise permitted by law or Our Privacy Policy.

Disputes with Merchants

You agree to make a good faith effort to settle all disputes about purchases You make using Your Card with the merchant who accepted the Card.

Disclaimer of Liability

In providing the Card services to You, We disclaim any duty or responsibility other than those expressly set forth in these Terms and Conditions. The issuer is not liable expressly for the following:

• If through no fault of ours, You do not have enough money on the Card to cover the transaction; or
• If the transaction would exceed Your available funds; or
• If the terminal or system was not working properly; or
• If circumstances beyond Our control prevent the transaction, despite reasonable precautions that We may have taken; or
• If there are other exceptions stated in these Terms and Conditions or provided by law.

Changes to This Agreement

Terms and Conditions are subject to change at any time, including any rights or obligations You or We may have. Subjects that may change include, but are not limited to: Customer Service Telephone, Customer Service Email, Locations for Purchase of Cards, Maximum Value, Minimum to be loaded, Expiration Period, Participating Merchant. If You have registered your Card, We will notify You of any change, addition or deletion by email. In addition, We will post the terms to the modified agreement on our website. As permitted by applicable law, any change, addition or deletion will become effective at the time We post the revised agreement to Our website or as otherwise stated in Our notice to you. Unless otherwise stated, the change, addition or deletion will apply to Your future and existing Cards. You are deemed to accept the changes, additions or deletions if (1) You do not notify us to the contrary in writing within 20 days of the date of Our notice or such other time specified in the notice, or (2) You use Your Card after such notice period. If You do not accept the changes, additions or deletions, Your Card will be cancelled and any amounts remaining on Card will be refunded to You.

Termination

The Card shall remain Our property. We may, at any time and without prior notice, cancel Your Card and have You return the Card to Us. You may terminate Your Card by returning the Card to Us. However, the purchase price paid for the Card may be non-refundable. Termination of the Card will not affect prior transactions or obligations existing at the time of termination, and may not entitle You to any refund. Cards may be non-refundable. Contact the merchant who issued Your Card to determine if they offer refunds.

Severability/No Waiver

If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms and Conditions will not constitute a waiver of Our right to subsequently enforce such provision or any other provision of these Terms and Conditions.

Governing Law

These Terms and Conditions, Card and all transactions hereunder are subject to the laws of the State of California

Arbitration

Any dispute, controversy or claim arising out of or relating to the Card, these Terms and Conditions or the provision of services shall be settled by binding arbitration before a retired judge in accordance with the commercial arbitration rules. The prevailing party shall be awarded their arbitration and attorney fees, costs and expenses to the maximum extent permissible. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either You or We may seek any interim or preliminary relief from the court of competent jurisdiction necessary to protect the rights of property of You or Us (or Our agents suppliers, and subcontractors) pending the completion of the arbitration.

 

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