Terms and Conditions
Gift Cards may only be redeemed toward the purchase of eligible goods provided by OXX System Limited. Eligible goods are subject to change in our sole discretion. Redemption of Gift Cards at any affiliated property is subject to change in our sole discretion.
Your OXX System Gift Card Balance cannot be used to purchase other Gift Cards. Gift Cards cannot be reloaded; resold; used for payment outside of OXX System Limited. It can only be redeemed for the face value and cannot be redeemed for cash; or returned for a cash refund (except to the extent required by law). No portion of your OXX System Gift Card Balance may be transferred to another OXX System account. Your OXX System Gift Card Balance may be applied to the purchase of goods or services at any OXX-affiliated property outside of the United States.
Risk of Loss.
The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. Gift Cards must be obtained from OXX System Limited or an authorized third party, and you are responsible for safeguarding your OXX System Gift Card Balance or Gift Card from unauthorized use. We are not responsible if any Gift Card is lost, stolen, or destroyed, or if your OXX System Balance or any Gift Card is used without your permission. There are a variety of Gift Card scams that request payment by Gift Card. OXX System is not responsible for and assumes no liability to you for, any unlawful conduct or fraud by any third party associated with any Gift Card.
Use of OXX System Balance or any Gift Card in Violation of these Terms and Conditions.
By using a Gift Card you agree to comply with these terms and conditions, and not to use a Gift Card in any manner that is misleading, deceptive, unfair, or otherwise harmful to OXX System Limited, its affiliates, or its customers. We reserve the right, without notice to you, to void Gift Cards (including as a component of your OXX System Balance) without a refund, suspend or terminate customer accounts, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment if we suspect that a Gift Card is obtained, used, or applied to an OXX System account (or your OXX System Balance is applied to a purchase) fraudulently, unlawfully, or otherwise in violation of these terms and conditions.
Limitation of Liability.
TO THE FULL EXTENT PERMISSIBLE BY LAW, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS OR YOUR OXX SYSTEM BALANCE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMISSIBLE BY LAW, IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY WILL BE THE REPLACEMENT OF THAT GIFT CARD.
Any dispute or claim relating in any way to Gift Cards or your OXX System Balance will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these terms and conditions as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location.
We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We and you also agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights.
The OXX System Limited Conditions of Use apply. No fees apply to Gift Cards. When you purchase, receive, or apply a Gift Card to your account, or your OXX System Balance to a purchase, you agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute that may arise between you and ACI Gift Cards LLC, and its affiliates related to your use of a Gift Card or your OXX System CardBalance. We reserve the right to change these terms and conditions without notice, from time to time at our sole discretion. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.
OXX System Limited Balance Expiration.
The portion of your OXX System Gift Card Balance made up of Gift Cards issued after October 1, 2005, does not expire and may be applied to your OXX System account and applied to eligible purchases despite any stated expiration date. Expiration dates also do not apply to the portion of your OXX System Balance made up of any Gift Cards issued prior to October 1, 2005 in CA, CT, LA, ME, MD, MA, MT, NH, ND, OK, RI, VT, WA, or in any other jurisdiction solely to the extent prohibited or limited by law. All other Gift Cards issued prior to October 1, 2005, and the portion of your OXX System Balance made up of those Gift Cards expire in accordance with their stated terms.