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Gift Card Terms of Use
If you have an unredeemed or partially redeemed Debook Gift Certificate, the following terms and conditions apply.
Introduction
By purchasing, accepting or using an Debook Gift Certificate (the “Gift Certificate”) and in consideration for your right to use the Gift Certificate, you agree to be bound by these terms and conditions (the “Terms and Conditions”) and the Debook User Agreement (the “Debook User Agreement”). In these Terms and Conditions, “you” and “your” means the person who has purchased or received a Gift Certificate. “We” or “our” means Debook Gift Card.
The terms and conditions of the Debook User Agreement are incorporated herein by reference. Please be advised that the Debook User Agreement contains provisions that govern how claims you and we have against each other are resolved. In the event of any conflict between these Terms and Conditions and the Debook User Agreement, these Terms and Conditions shall prevail.
Redemption
- You must have an Debook account registered.
- Invalid or unidentifiable Gift Certificate numbers will not be redeemed.
- As a security feature, upon first use the Gift Certificate (including funds on the Gift Certificate) links to the Debook account associated with the Gift Certificate’s first use and becomes non-transferable.
- The Gift Certificate may only be used for purchases on Debook Marketplaces where the item being purchased is originally priced in U.S. Dollars, Canadian Dollars, Pounds Sterling or Euros.
- It is important that you track the Gift Certificate balance. You may check your Gift Certificate balance during checkout.
Restrictions
- The Gift Certificate is not refundable or redeemable for cash or credit, unless required by law.
- The Gift Certificate may be used to make purchases only up to the available balance on the Gift Certificate. The available balance of the Gift Certificate is reduced by the amount of each purchase of goods or services and by other deductions, if any, that may be required by law.
- If you want to use the Gift Certificate to make a purchase that exceeds the available balance on the Gift Certificate, you must combine the use of the Gift Certificate with additional payment from another funding source. You agree that we are not responsible if you do not have enough funds on your Gift Certificate to facilitate a transaction.
- The Gift Certificate also may not be used to buy Debook Gift Cards, third party gift cards, gift certificates, coupons, coins.
Disclaimer of Warranties; Limitation of Liability
- WITHOUT LIMITING THE DISCLAIMER OF WARRANTIES CONTAINED IN THE DEBOOK USER AGREEMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR RESPECTIVE AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CERTIFICATE OR ANY PURCHASES MADE WITH THE GIFT CERTIFICATE, 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. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction.
- IN ADDITION TO THE EXCLUSION OF DAMAGES SET OUT IN THE DEBOOK USER AGREEMENT, YOU AGREE THAT WE AND OUR RESPECTIVE AFFILIATES SHALL HAVE NO LIABILITY FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS (HOWEVER ARISING, INCLUDING NEGLIGENCE). IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR RESPECTIVE AFFILIATES HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM: (A) UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A GIFT CERTIFICATE THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY; (B) ANY CIRCUMSTANCES BEYOND OUR CONTROL; (C) THE USE OF THE GIFT CERTIFICATE BEING SUSPENDED OR PROHIBITED BECAUSE IT HAS BEEN REPORTED LOST OR STOLEN, OR WE BELIEVE IT IS BEING USED SUSPICIOUSLY OR FRAUDULENTLY OR IS BEING SUBJECTED TO UNAUTHORIZED USE; (D) THROUGH NO FAULT OF OURS, YOUR NOT HAVING SUFFICIENT FUNDS ON A GIFT CERTIFICATE TO COVER A TRANSACTION; OR (E) INABILITY TO USE A GIFT CERTIFICATE BECAUSE OUR SYSTEM IS NOT WORKING PROPERLY. YOU AGREE THAT WE AND OUR AFFILIATES ARE NOT RESPONSIBLE FOR ANY INTERRUPTION OF SERVICE. The laws of certain states or other jurisdictions may not allow limitations on implied warranties, or the exclusion or limitation of certain damages, so the above limitation or exclusion may not apply to you. NOTWITHSTANDING THE FOREGOING AND THE DISCLAIMER OF WARRANTIES IN THE DEBOOK USER AGREEMENT AND IN SECTION 11 OF THESE TERMS AND CONDITIONS, IN THE EVENT THAT WE OR OUR RESPECTIVE AFFILIATES ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE REMAINING BALANCE OF YOUR GIFT CERTIFICATE.
General Terms
- The funds on the Gift Certificate do not expire and no maintenance fees apply. Resale of the Gift Certificate is strictly prohibited.
- Protect the Gift Certificate like cash. Lost, stolen or damaged Gift Certificates will only be replaced if the Gift Certificate has never been used, and only with satisfactory proof of purchase and Gift Certificate number, where required by law.
- We reserve the right to correct the Gift Certificate balance if we believe that a clerical, billing or accounting error has occurred. You also agree that we may deactivate, cancel or suspend any Gift Certificate if we suspect fraud, unlawful activity or improper Gift Certificate use. You agree that you will not use a revoked Gift Certificate.
- The Gift Certificate is not a credit, debit, or charge card. No implied warranties attach to it.
- Use of the Debook services is subject to each company’s respective User Agreement. Gift Certificate users must be 18 years of age or older.
- The Gift Certificate is issued by Debook Gift Card, which reserves the right to change the terms of the Gift Certificate program or amend these Terms and Conditions at any time or to contract with a third party to administer this program. Any amendment to the Terms and Conditions will be effective when posted on www.Debook.org
- We may assign these Terms and Conditions at any time without notice to you. However, if we assign the Terms and Conditions, the Terms and Conditions will remain substantially the same unless you are notified.