Gift Card User Agreement

IMPORTANT – PLEASE READ:  The following Spearmint Rhino Gift Card User Agreement describes the terms and conditions (“Terms and Conditions”) applicable to the pre-paid account of your Spearmint Rhino Gift Card (the “Card” or the “Spearmint Rhino Gift Card”).  This is an agreement between Spearmint Rhino (“We”, “Us,” “Our”) and the purchaser or recipient of the Card (“You” and “Your”).  Part One of his agreement describes the terms that apply generally to the Spearmint Rhino Gift Card, and Part Two contains important legal terms and conditions, including information regarding Spearmint Rhino’s privacy policy, our mutual agreement to arbitrate disputes exclusively and how we can make changes to this agreement.

Please read these Terms and Conditions carefully and keep a copy for your records. By accepting and using your Card, you agree to be bound by these Terms and Conditions.

PART ONE: GENERAL TERMS OF USE

Your account: Only for Spearmint Rhino Purchases.  The Spearmint Rhino Card is issued by Spearmint Rhino.  It allows you to add, place or load a U.S. dollar amount onto your Card for future purchases at Spearmint Rhino. You add, place or load a dollar amount onto your Card by paying to Spearmint Rhino a certain sum either by cash or credit card at a Spearmint Rhino cashier location.  The dollar amount you add, place or load onto your card is a pre-payment only for services and goods available at Spearmint Rhino location where purchased it, and nowhere else.  The Card is not a credit card, a credit line, overdraft protection or a deposit account. Unless otherwise required by law or permitted by this agreement, any amount on your Spearmint Rhino card is non-refundable and may not be redeemed for cash. Your Card does not earn interest, dividends or any other earnings on the dollar amount on your Card, and none will accrue, be paid or be credited to you by Spearmint Rhino. The dollar amount added, loaded or placed on your Card is NOT insured by the Federal Deposit Insurance Corporation (“FDIC”). 

Sale of Cards.  Spearmint Rhino offers Cards for sale only at participating Spearmint Rhino locations. We, in our sole discretion, may refuse to sell a Card to any individual for any reason.  Spearmint Rhino also does not represent or warrant that your card will always be accessible or accepted.

Card Transactions. Upon any purchase using the Card, the amount available on the Card will be reduced by the amount of such purchase.  The use of the Card for purchases constitutes a demand against and withdrawal from the remaining value on your Card. You must have sufficient, available funds on a Card to pay for any purchase.  Alternatively, you may pay any difference between the available funds on the Card and the purchase amount by cash or credit card.  You may reload Cards at the Spearmint Rhino location in which you purchased your card in an amount not less than $25.00. The maximum amount of available funds on a Card shall not exceed $2500.00 at any time.  You may use your Card only in the manner and for the purposes authorized by these Terms and Conditions and only for lawful purposes. It is your responsibility to ensure you receive a receipt for each Card you purchase and verify that the card number listed on the receipt matches the numbers printed on each card.  You will only receive a receipt for a transaction if you request a receipt from Spearmint Rhino. If you request and then receive a receipt, we recommend you verify this information with each purchase completed with your Card, and retain all receipts for your records. You do not have the right to stop payment on any transaction originated by use of your Card. You are responsible for all transactions initiated by use of your Card.  Spearmint Rhino does not charge any fee for the issuance, activation or use of your Spearmint Rhino Card.

Card Balance, Billing Errors and Corrections.  You may check the available balance on your Card at the location your card was purchased. The available balance on a Card shall equal the amount of funds for such Card as reflected in our records; if it does not, we will only make changes if you can prove otherwise to our satisfaction.  We reserve the right to correct the balance of your Spearmint Rhino Card if we believe that a clerical, billing or accounting error occurred.  Questions regarding your transaction history, any correction or a dispute about any transaction must be brought to the attention of Spearmint Rhino promptly.  We have no liability for any billing error unless you provide us with notice within sixty (60) days of the date of the transaction in question.  You are responsible for monitoring the transactions and account balances closely.

Lost, Stolen or Damaged Cards. The Spearmint Rhino Card is like cash and is used like cash for purchases from the Spearmint Rhino location where you purchased it.  As a result, you are responsible for all transactions associated with the Spearmint Rhino Card, including unauthorized transactions.  However, if you believe your Card has been stolen, lost, destroyed or damaged, notify us AT ONCE by calling 626-961-5450 or writing to us at the following address:15423 East Valley Blvd. City of Industry, CA 91746.  Spearmint Rhino will then freeze the remaining balance on the Card. A replacement card will only be issued upon presentation of the original receipt of the purchase/activation of the card, Spearmint Rhino may issue a replacement Card and load onto that Card the amount of the then remaining balance of the lost or stolen Card. The Spearmint Rhino is not responsible for the monies spent while the card was lost, stolen or destroyed. We reserve the right not to accept any Card or otherwise limit the use of a Card if we reasonably believe that the use is unauthorized, fraudulent, or otherwise unlawful.

PART TWO: ADDITIONAL LEGAL TERMS

Privacy Statement. We understand that privacy is an important issue for Spearmint Rhino Gift Card purchasers and users. The following information is designed to help visitors understand what information we gather, and how we handle the information once we gather it.

Spearmint Rhino collects personal information that includes the following:

(1) Information that you provide when you complete any form, application or survey, or when you purchase a gift card;

(2) Information provided in a request for service or information is forwarded to a Spearmint Rhino agent, who will attempt to respond to the request promptly. 

Spearmint Rhino does not rent or sell your personal information to anyone. However, you should know that in the event of a sale of all or substantially all of our assets, we may sell information regarding your gift card purchase to a successor.

Changes and Amendments. We may amend these Terms and Conditions at any time, including any rights or obligations you or we may have by posting updated or revised Terms and Conditions on this Web site. Please check this Web site frequently for any updates or revisions to these Terms and Conditions.  As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised agreement on our Web site, at our physical Spearmint Rhino location or as otherwise stated in our notice to you. Unless we state otherwise, the change, addition or deletion will apply to your future and existing Spearmint Rhino Cards. You are deemed to accept the changes, additions or deletions if (1) you do not notify us to the contrary in writing within twenty (20) days of the date of our notice or such other time specified in the notice, or (2) you use your Spearmint Rhino Card after such notice period. If you do not accept the changes, additions or deletions, your Spearmint Rhino Card will be cancelled and any amounts remaining on your Spearmint Rhino Card will be refunded to you.

Cancellation of the Agreement.  We may suspend or terminate this agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of the Spearmint Rhino Card. If we terminate this agreement without cause, we will refund or issue store credits equal to the balance held in your Spearmint Rhino Card account less any amounts that you may owe us. In the event that this agreement is terminated, this Part Two shall survive in accordance with its terms.

Severability; No Waiver. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable for any reason, then such 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 enforce subsequently such provision, or any other provisions of these Terms and Conditions.

Governing Law. These Terms and Conditions are subject to the laws of the State of California without giving effect to the principle of conflicts of laws.

Arbitration Rights. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim made by you against us arising out of or relating to this agreement or your use of the Card (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.

Arbitration Procedures. You must first present any claim or dispute to us by contacting our Customer Service Department to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association ("AAA") as modified by this agreement. The AAA Rules and information about arbitration and fees are available upon request from the AAA (call 1-800-778-7879) or online at www.adr.org. You and we agree that this agreement evidences a transaction in interstate commerce, and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Unless you and we agree otherwise, any arbitration will take place in Orange County, California, and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class-wide or representative basis, or award punitive damages or any other damages aside from the prevailing party's actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying the AAA Rules applicable to large/complex cases, the Arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the AAA Rules. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.

Costs of Arbitration. All administrative fees and expenses of arbitration will be divided equally between you and us, except that for claims of less than $1,000, you will be obligated to pay $25 and we will pay all other administrative costs and fees. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at the arbitration.

Waiver of Punitive Damage Claims and Class Actions. By this Agreement, both you and we are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed to be inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.

Disclaimers.  SPEARMINT RHINO MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE CARD, 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. SPEARMINT RHINO DOES NOT REPRESENT OR WARRANT THAT YOUR CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED. THE GIFT CARD IS GOOD ONLY AT LOCATION OF PURCHASE.

Limits of Liability.  IN THE EVENT THAT SPEARMINT RHINO IS FOUND TO BE 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 CARD. SPEARMINT RHINO (AND ITS AFFILIATES, EMPLOYEES, SHAREHOLDERS, OWNERS, DIRECTORS, MANAGERS AND AGENTS) SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE OR USE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER IN CONTRACT, 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 SPEARMINT RHINO HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A 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.

The laws of certain states or other jurisdictions 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 this agreement. In such jurisdiction, our liability is limited to the greatest extent permitted by law.

Entire Agreement; Construction. This agreement is the complete and exclusive statement of agreement between you and Spearmint Rhino, and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this agreement is 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.

Inquiries. If you have any questions regarding this agreement or your Card, please call 626-961-5450.