Gift Card Terms
These Blank Street Gift Card Terms (“Gift Card Terms”) describe the terms and conditions that apply to your purchase and use of digital and / or physical gift cards (“Gift Cards”) issued by Blank Street Inc. (together with its affiliates, “Blank Street,” “we,” or “us”) on the Platform and are between you and Blank Street. By purchasing or using a Gift Card, you agree to these Gift Card Terms and the Blank Street Terms of Service (“Terms of Service”) which separately govern your use of Blank Street’s websites and other services. All capitalized but undefined terms in these Gift Card Terms have the meanings ascribed to them in the Terms of Service, and these Gift Card Terms are incorporated by reference into the Terms of Service.
BY CLICKING “PAY WITH CARD” (OR WORDS TO SIMILAR EFFECT), BY PURCHASING, SENDING, RECEIVING, OR USING A GIFT CARD, OR BY AGREEING TO A SEPARATE AGREEMENT WITH BLANK STREET THAT EXPRESSLY INCORPORATES BY REFERENCE THESE GIFT CARD TERMS, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR PURCHASE AND USE OF GIFT CARDS, YOU AGREE TO BE BOUND BY, THESE GIFT CARD TERMS.
Arbitration Notice: These Gift Card Terms and the Terms of Service contain provisions that govern how claims between you and Blank Street will be resolved (see Section 8 below and Section 17 of the Terms of Service for more details). Except for certain kinds of disputes, YOU AGREE THAT DISPUTES ARISING UNDER THESE GIFT CARD TERMS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND THAT YOU AND BLANK STREET ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
1. About Your Gift Card
Purchase. Physical Gift Cards may be purchased in person at a Blank Street store or online at www.blankstreet.com (the “Site”). Digital Gift Cards may be purchased at the Site or through the Blank Street mobile application (the “App”). If you are purchasing a Gift Card, you may select the cash value amount you would like to load onto the Gift Card, at the increments and up to the limit as determined by us from time to time. You may not purchase more than $2,000 worth of Gift Card(s) in any given day. Blank Street reserves the right to decline to process or cancel any Gift Card purchase if you have exceeded that daily limit, or for any other reason or no reason.
Delivery. During checkout, you may choose to have a digital Gift Card delivered via email. You may send a digital Gift Card to a third party by providing the intended recipient’s email address. Once your payment is processed, a digital Gift Card will be sent to the email address provided by you during checkout. By entering the email address, you represent and warrant to us that you know the recipient who will receive the digital Gift Card and have the consent of the recipient for us to send the digital Gift Card to them via that email address.
Redemption. Gift Cards, both physical and digital, may only be redeemed in person at a Blank Street store or through the App. Gift Cards are non-refundable after purchase, and may not be redeemed for cash, unless required by law or expressly provided otherwise by these Gift Card Terms. Your Gift Card balance may not be transferred to any other person or account. All Gift Card balances are held and denominated in United States Dollars.
Use. You may apply your Gift Card balance toward purchases in person at Blank Street stores. If your Gift Card balance is insufficient to cover the entire amount due for a purchase, the remaining amount due must be paid with an alternative payment method. You may check your Gift Card balance or add money to your Gift Card balance at www.blankstreet.com/checkbalance.
Limitations. You may not be able to use your Gift Card credits toward certain transactions and fees, as determined in our sole discretion. A Gift Card cannot be used to purchase another Gift Card. We reserve the right not to accept any Gift Card or otherwise limit the use of Gift Cards if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.
2. No Fees; No Expiration
We do not charge any issuance, activation, dormancy, inactivity, or usage fees in connection with Gift Cards. Gift Cards have no expiration date, nor does the value on Gift Cards ever expire.
3. Risk of Loss
You should treat Gift Cards like cash. Once you purchase a physical Gift Card or we electronically transmit a digital Gift Card to your designated email address, the risk of loss and title for the Gift Card passes to you or the intended recipient (as applicable). We are not responsible for and will not replace any Gift Card that is lost, stolen, destroyed, or used without your permission.
4. Billing Errors & Corrections
We reserve the right to correct your Gift Card balance if we believe that a clerical, billing, accounting, or other error occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your Gift Card balance, please email us at email@example.com. We will conduct an investigation, communicate the results, and correct any verified error. You should monitor your transactions and Gift Card balances closely. We will have no liability for any error unless you notify us via the email above within 60 days of the date of the disputed transaction.
5. We May Change These Terms
We may update these Gift Card Terms from time to time. You are responsible for regularly checking this page for updates. Continued use of Gift Cards (including by maintaining a Gift Card balance) after any changes shall constitute your consent to such changes. If you do not agree to any changes, you must discontinue use of your Gift Card.
6. Termination of These Terms
We may terminate these Gift Card Terms if we determine that you are associated with any fraudulent or unauthorized use of any Gift Card or if the Terms of Service have been terminated.
7. Disclaimers; Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT REPRESENT OR WARRANT THAT GIFT CARDS WILL ALWAYS BE AVAILABLE OR ACCEPTED.
IN ADDITION, NO CREDIT CARD, CREDIT LINE, OVERDRAFT PROTECTION OR DEPOSIT ACCOUNT IS ASSOCIATED WITH GIFT CARDS. NO INTEREST, DIVIDENDS OR ANY OTHER EARNINGS ON FUNDS IN A GIFT CARD WILL ACCRUE OR BE PAID OR CREDITED TO YOU BY BLANK STREET. THE VALUE ASSOCIATED WITH GIFT CARDS IS NOT INSURED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC).
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) BLANK STREET’S LIABILITY TO YOU UNDER THESE GIFT CARD TERMS SHALL IN NO EVENT EXCEED $100; (B) IN NO EVENT WILL BLANK STREET BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR PURCHASE AND USE OF GIFT CARDS OR THESE GIFT CARD TERMS, WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (C) IN NO EVENT WILL BLANK STREET HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A GIFT CARD THROUGH ACCIDENT, MISUSE, 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.
IN THE EVENT THAT A GIFT CARD DOES NOT FUNCTION PROPERLY, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD.
THE LAWS OF CERTAIN STATES OR OTHER JURISDICTION DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS IN ADDITION TO THOSE CONTAINED IN THESE GIFT CARD TERMS.
8. Dispute Resolution
Any dispute or claim relating in any way to Gift Cards or these Gift Card Terms will be resolved in accordance with Section 17 (Dispute Resolution and Arbitration) of the Terms of Service.
Gift Cards are issued by Blank Street Inc. When you purchase, receive, or redeem a Gift Card, you agree that the laws of the State of New York, without regard to choice of law principles, will govern these Gift Card Terms. If any provision of these Gift Card Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. These Gift Card Terms (together with the Terms of Service) contain the entire understanding and agreement between you and Blank Street with respect to the subject matter hereof. In the event of conflict or inconsistency between these Gift Card Terms and the Terms of Service, these Gift Card Terms will take precedence over the Terms of Service with respect to Gift Cards solely to the extent necessary to resolve the conflict or inconsistency.
If you have any questions regarding Gift Cards or these Gift Card Terms, please email us at firstname.lastname@example.org.