The following Garces Trading Company Gift Card Agreement describes the terms and conditions that apply to the prepaid account of your Garces Trading Company Gift Card. By using your Garces Trading Company Gift Card, you agree to the terms of this agreement. Please keep a copy of this agreement for your records.
About Your Account
The Garces Trading Company Gift Card is issued to you by 3BM1 Management Services, LLC. It allows you to load a dollar value on to your Garces Trading Company Gift Card for future purchases at participating Garces Trading Company locations*. The dollar value that you assign to your Garces Trading Company Gift Card is a prepayment only for the goods and services of participating Garces Trading Company locations. No credit card, credit line, overdraft protection or deposit account is associated with a Garces Trading Company Gift Card. Unless otherwise required by law or permitted by this agreement, any amount on your Garces Trading Company Gift Card is nonrefundable and may not be redeemed for cash. No interest, dividends or any other earnings on funds deposited to a Garces Trading Company Gift Card will accrue or be paid or credited to you by Garces Trading Company. The value associated with the Garces Trading Company Gift Card is not insured by the Federal Deposit Insurance Corporation (FDIC). We reserve the right not to accept any Garces Trading Company Gift Card or otherwise limit use of a Garces Trading Company Gift Card if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.
Garces Trading Company Gift cards may used for : Food and Beverage Purchases at our Participating Garces Trading Company Locations.
Participating Locations:
- Garces Trading Company at Cira Centre
- MAY NOT BE USED FOR: Online purchases, Special Events, Catered Events.
Fees and Expiration of Card Balances
Garces Trading Company does not charge any fees for the issuance, activation or use of your Garces Trading Company Gift Card. Your Garces Trading Company Gift Card has no expiration date.
Receipts and Statements
Cardholders are not sent statements of itemized transactions from a Garces Trading Company Gift Card account. You can check the balance of your Garces Trading Company Gift Card or review recent transactions on your Garces Trading Company Gift Card here. You will need to have your Garces Trading Company Gift Card available in order to access your account. The account balance for a Garces Trading Company Gift Card also will appear on your receipt from a point-of-sale register. When you use your Garces Trading Company Gift Card, you will receive a receipt if you request one but will not be asked to sign the receipt. The receipt will indicate that the purchase was made using a Garces Trading Company Gift Card and will provide the remaining balance of your Garces Trading Company Gift Card. You should keep your receipts and check your online statement to ensure that your account balance is correct.
Billing Errors, Corrections
We reserve the right to correct the balance of your Garces Trading Company Gift Card account if we believe that a clerical, billing or accounting 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 Garces Trading Company Gift Card, please see our contact page or call us at 267-284-7910. We will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We shall have no liability for any billing error unless you provide us notice within 60 days of the date of the transaction in question. You should monitor your transactions and account balances closely.
Registration, Liability for Unauthorized Transactions
Because your Garces Trading Company Gift Card is used like cash for purchases from Garces Trading Company, you are responsible for all transactions associated with your Garces Trading Company Gift Card, including unauthorized transactions. However, if your Garces Trading Company Gift Card is lost, stolen or destroyed, the Card can be replaced with the balance remaining on it at the time of your call, but only if you have registered it with us. To register your Card, please visit garcestradingcompany.com/card. Please notify us immediately if you change any of your registration information.
If your Garces Trading Company Card becomes lost, stolen or damaged, you should contact us immediately. Your Garces Trading Company Gift Card balance is only protected from the point in time you notify us that your Garces Trading Company Gift Card is missing. We will freeze the remaining balance on your Garces Trading Company Gift Card at the time you notify us and will assign that remaining balance to a replacement Garces Trading Company Gift Card.
Privacy Statement
For information concerning how we collect, use and disclose information concerning the Garces Trading Company Gift Card, you should refer to our privacy statement.
Changes to This Agreement
We may amend the terms of this agreement at any time, including any rights or obligations you or we may have. 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 we state otherwise, the change, addition or deletion will apply to your future and existing Garces Trading Company Gift 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 Garces Trading Company Gift Card after such notice period.
Cancellation of This 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 Garces Trading Company Gift Card. If we terminate this agreement without cause, we will refund or issue store credits equal to the balance held in your Garces Trading Company Gift Card account less any amounts that you may owe us.
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 (or against any of our subsidiary, parent or affiliate companies) arising out of or relating to this Agreement or your use of the Garces Trading Company Gift 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 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 [Call: 1-800-778-7879] ) or online at 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 Philadelphia, PA, 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 an arbitration will be divided equally between the customer and Garces Restaurant Group, Inc, except that for claims of less than $1,000, the customer 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 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.
Governing Law – Pennsylvania
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania notwithstanding any conflict of law rules.
Disclaimers and Limits of Liability
Garces Trading Company and its affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to the Garces Trading Company Gift 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. Garces Group does not represent or warrant that your Garces Trading Company Gift Cards will always be accessible or accepted.
In the event that Garces Trading Company or its affiliates are found 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 Garces Trading Company Gift Card. Garces Trading Company and its affiliates 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 Garces Trading Company or its affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a Garces Trading Company Gift 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 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 this agreement. In such jurisdiction, our liability is limited to the greatest extent permitted by law.
Assignment
We may assign all or part of this agreement without such assignment being considered a change to the agreement, and without notice to you. We are then released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this agreement.
Entire Agreement, Construction
This agreement is the complete and exclusive statement of agreement between you and Garces Trading Company and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this agreement shall be 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.