Effective 14 December 2022
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Please read these Terms carefully and check them regularly as they may change from time to time, per Section 3, below.
- Your Acceptance of These Gift Card Terms. Your use of the Gift Card Services in any way signifies that you accept and agree to these Gift Card Terms, including any modifications that Omaze makes from time to time. If you do not wish to be bound by these Gift Card Terms, you may not access or use the Gift Card Services.
- Changes to these Gift Card Terms: Omaze may modify these Gift Card Terms at any time, in our sole discretion where we consider it reasonable and necessary to do so but the Gift Card Terms applicable at the time of your Order (as such term is defined in Section 5, below) of an Omaze Gift Card will apply to that Order. To the extent permitted by law, all changes are effective immediately when we post them and apply to all Gift Card Services thereafter. Your continued use of the Gift Card Services following the posting of revised Gift Card Terms means that you accept and agree to the changes. You are responsible for checking these Gift Card Terms regularly to ensure that you understand the Gift Card Terms that apply at the time of your access to or use of the Gift Card Services.
- Age Requirement: You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to use the Gift Card Services.
- Purchasing an Omaze Gift Card: To purchase an Omaze Gift Card, please visit the Website and from the menu bar, select “Omaze Gift Cards,” and then select the value of the Omaze Gift Card that you would like to purchase (an “Order”) from the Omaze Gift Cards landing page, and follow the instructions to complete your payment. Once your payment is complete, you will automatically receive an email confirming your acceptance of your Order, and another email with the Omaze Gift Card details.
- Redemption. An Omaze Gift Card may only be used as a payment method for purchases on the Website by adding the unique Omaze Gift Card code to the “discount” field at checkout. Purchases are deducted from the redeemer’s Omaze Gift Card balance, which can be viewed from the link provided in the email in which the Omaze Gift Card was delivered. Any unused Omaze Gift Card balance will remain on the Omaze Gift Card and may be applied to future purchases on the Website, provided the Omaze Gift Card has not expired. If a purchase exceeds the redeemer’s Omaze Gift Card balance, the remaining amount must be paid with another payment method accepted on the Website. A maximum of one (1) Omaze Gift Card can be used in connection with a purchase on the Website and an Omaze Gift Card cannot be combined with other offers. If an Omaze Gift Card is being used in connection with the purchase of an Omaze Subscription, then a payment method must also be provided regardless of whether the Omaze Gift Card covers the total payment owed for the transaction.
- Limitations. Omaze Gift Cards, including any unused Omaze Gift Card balances, expire twelve (12) months from the date of issuance. Omaze Gift Cards may not be used to purchase other Omaze Gift Cards. Omaze Gift Cards are non-refundable and cannot be reloaded, resold, transferred for value, or redeemed for cash. Omaze Gift Cards are for personal, non-commercial use and you may not sell any Omaze Gift Card. Omaze Gift Cards may not be used by you in sales or promotional activities including as give-aways or prizes in competitions. Omaze reserves the right to refuse to accept an Omaze Gift Card which Omaze deems to be tampered with, duplicated, or which otherwise is suspected to be affected by fraud.
- Cancellation and Refunds
- You have the right to withdraw from and cancel the Order during the Cancellation Period (as defined in Section 8(C) below) without giving any reason provided that the Omaze Gift Card(s) has not been used.
- These cancellation rights can only be exercised by you (as the purchaser) and cannot be exercised by the recipient or redeemer (if different to you) of the Omaze Gift Card. These cancellation rights apply only to Omaze Gift Cards purchased via the Website; they do not apply to Omaze Gift Cards won as prizes in our Prize Draws.
- The cancellation period shall be 14 days from the date you (as the purchaser) receive the Gift Card(s) (“Cancellation Period”).
- To meet the Cancellation Period deadline you will need to notify us about the fact that you are exercising your right to cancel before the expiry of the Cancellation Period. You may cancel by completing and submitting the following “Omaze Gift Card Model Cancellation Form” via email to email@example.com.
- If you cancel an Order during the Cancellation Period in accordance with this Section 8, we shall cancel the Gift Card(s) and reimburse all payments we received from you in respect of the Order. We will refund you without undue delay, and not later than fourteen (14) days after the day on which we are informed about your decision to cancel an Order, using the same payment method as you used for the transaction. We will not charge you any fees as a result of any refund.
- Risk of Loss. The risk of loss and title for the Omaze Gift Card passes to the purchaser upon our electronic transmission of the Omaze Gift Card to the purchaser or the designated recipient, or our delivery to the carrier, whichever is applicable. Omaze is not responsible if any Omaze Gift Card is lost, stolen, destroyed, or used without your permission.
- Disclaimer of Warranties. THE GIFT CARD SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE GIFT CARD SERVICES IS AT YOUR SOLE RISK. OMAZE DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE GIFT CARD SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE OPERATION OF THE GIFT CARD SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GIFT CARD SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OMAZE PROVIDES NO WARRANTY OR GUARANTY OF ANY KIND THAT THE GIFT CARD SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. IF AN OMAZE GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OMAZE’S SOLE LIABILITY, WILL BE THE REPLACEMENT OF SUCH GIFT CARD. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
- Breach of these Gift Card Term: You are responsible for compensating the following persons in full for any losses or damage they suffer which is caused by your breach of these Gift Card Terms: Omaze and its parents, subsidiaries, and affiliated companies, and all of their respective past and present officers, directors, employees, agents, and representatives (collectively, the “Released Parties”).
- Limitation of Liability; Sole and Exclusive Remedy: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASED PARTIES ARE NOT RESPONSIBLE AND WILL HAVE NO OBLIGATION OR LIABILITY RESULTING FROM (I) INCORRECT OR INCOMPLETE INFORMATION, WHETHER CAUSED BY YOU OR OTHERWISE, TECHNICAL ERRORS, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED BY OMAZE; (II) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO OUTAGES, MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE OR SCHEDULED OR UNSCHEDULED MAINTENANCE; (III) THE USE OR THE INABILITY TO USE THE GIFT CARD SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; (VI) ANY OTHER MATTER RELATING TO THE GIFT CARD SERVICES; (VI) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; OR (VII) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE GIFT CARD SERVICES, EVEN IF OMAZE AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OMAZE’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE SHALL NOT EXCEED ONE HUNDRED POUNDS (£100). YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE GIFT CARD TERMS AND ANY PROBLEMS OR DISSATISFACTION WITH THE GIFT CARD SERVICES IS TO CANCEL AND DISCONTINUE USE OF THE GIFT CARD SERVICES. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, the liability of Omaze and its affiliates hereunder shall be limited to the fullest extent permitted by law.
- Binding Arbitration, No Class Action:
- Mandatory Arbitration of Disputes: We each agree that any dispute, claim, or controversy arising out of or relating to these Gift Card Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Gift Card Services, including the determination of the scope or applicability of this arbitration provision, (each, a “Claim”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Omaze agree that the U.S. Federal Arbitration Act (or equivalent laws in the jurisdiction in which the Omaze entity that you have contracted with is incorporated) governs the interpretation and enforcement of these Gift Card Terms and that this arbitration provision shall survive termination of these Gift Card Terms.
- Class Action Waiver: You and Omaze each agree that either of us may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, if the parties’ dispute is resolved through arbitration, neither JAMS nor the arbitrator may consolidate another person’s claims with your claims or otherwise preside over any form of a representative or class proceeding for any purpose. If this specific provision is found to be unenforceable, then the entirety of this Section 13 shall be null and void.
- Limited Remedies: Additionally, except as may be provided for in Subsection 13(D), below, or prohibited by law, we each agree that, for any dispute, claim, or controversy arising out of or relating to these Messaging Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Messaging Services, our remedies are limited to a claim for money damages (if any) and we each irrevocably waive any right to seek injunctive or equitable relief.
- Exceptions and Opt-out: Notwithstanding Subsections 13(A) and (B), above, we each retain the right to:
- seek to resolve a Claim in small claims court if it qualifies; and
- seek injunctive or other equitable relief from a court of competent jurisdiction to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights.
- Dispute Resolution and Notification of Claims: Prior to bringing a Claim you and Omaze each agree to notice the other party and attempt, in good faith, to negotiate an informal resolution. To begin this process, before initiating any arbitration proceeding, the party seeking to bring a Claim must send a Notice of Claim (“Notice”) by certified mail to the other party. All Notices to Omaze must be sent to the Omaze address set out in Section 17(C), below. The Notice must describe the nature and basis of the Claim and the relief sought. If we are unable to resolve the potential Claim within 45 days after receipt of the Notice, then you or Omaze may initiate arbitration proceedings as set out below.
- Arbitration Process and Rules: Any arbitration will be conducted by JAMS pursuant to its procedural rules for commercial disputes (“JAMS Rules”), using the Optional Expedited Arbitration Procedures when applicable. The JAMS Rules are available at https://www.jamsadr.com. A party who wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules. JAMS provides a form Demand for Arbitration at www.jamsadr.com. JAMS will appoint an arbitrator. When practical, the arbitrator should have prior subject matter knowledge and familiarity with sweepstakes and/or fundraising laws in the jurisdiction in which the Omaze entity that you have contracted with is incorporated. The arbitration may be conducted via video-conference or in-person in the county (or other municipality) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement. During the arbitration, both you and Omaze may take one deposition of the opposing party, limited to 4 hours. If we cannot agree on a time and location for a deposition, the arbitrator will resolve any scheduling disputes. The arbitrator shall provide a decision explaining his or her findings and conclusions, and the ruling may be entered in any court having jurisdiction thereof. The arbitrator’s decision shall be final and binding upon the parties to these Gift Card Terms.
- Arbitration Costs: Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Each party shall pay its costs and attorneys’ fees. If you assert a claim against Omaze, you will be responsible for paying the consumer filing fee. Omaze will pay for all other filing, administration and arbitrator fees and expenses. If any party prevails on a statutory claim that affords a prevailing party attorneys’ fees and costs, or if there is a written agreement providing for attorneys’ fees and costs, the arbitrator will award such costs and fees per the applicable statute or written agreement. The arbitrator shall resolve any dispute regarding the reasonableness of any fee or cost that may be awarded under this paragraph.
- Confidentiality: To the extent permitted by law, the existence of the arbitration, the arbitration proceedings, and the outcome of the arbitration will be treated as confidential and will not be disclosed by either party. You and Omaze agree that an award, and any judgment confirming it, only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts in England.
- Severability: If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
- Contracting Entity, Governing Law; Jurisdiction: These Gift Card Terms govern Gift Card Services related to the Website. Therefore, if you use the Gift Card Services, you are contracting with Omaze UK Limited. All matters relating to the Gift Card Services and/or these Gift Card Terms, and any dispute or Claim arising therefrom or related thereto (in each case, including non-contractual disputes or Claims), shall be governed by and construed in accordance with the laws of England and Wales. Subject to the arbitration provision and class action waiver in these Gift Card Terms, if you contract with Omaze UK Limited, exclusive jurisdiction for all Claims will be in English courts and you consent to the jurisdiction of those courts. However, as a consumer, if you live in another part of the United Kingdom, you can bring legal proceedings in respect of these Gift Card Terms in either the English courts or your local courts.
- Limitation on Time to File Claims: any cause of action or claim you may have arising out of or relating to these Gift Card Terms or the Gift Card Services must be commenced within one (1) year after the cause of action or claim accrues; otherwise, such cause of action or claim is permanently barred.
- Privacy Notice: Please review the Privacy Notice to learn about (A) what information we may collect about you, (B) what we use that information for, and (C) with whom we may share your information.
- Relationship of Parties: You agree that no joint venture, partnership, employment, or agency relationship exists between you and Omaze because of these Gift Card Terms or your use of the Gift Card Services.
- Assignment: Omaze may assign these Gift Card Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these Gift Card Terms without Omaze’s prior written consent, and any unauthorized assignment by you shall be null and void ab initio.
- Notices: All notices given by you or required under these Gift Card Terms shall be in writing and addressed to: Omaze UK Limited, c/o General Counsel’s Office, 3rd Floor 1 Ashley Road, Altrincham, Cheshire, United Kingdom, WA14 2DT.
- Equitable Remedies: You hereby agree that Omaze would be irreparably damaged if the terms of these Gift Card Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Gift Card Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.
- Force Majeure: Neither you or Omaze will be liable for any failure or delay in performance under these Gift Card Terms for causes beyond the other party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-performing party through the use of commercially reasonable, alternate sources.
- Waiver and Severability: Our failure to enforce any provision of these Gift Card Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each such provision thereafter. The express waiver by us of any provision, condition or requirement of these Gift Card Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. If any of the provisions of these Gift Card Terms is found to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.
- Your Comments and Concerns: The Gift Card Services are operated by Omaze UK Limited (company number 12056935) with its registered office at 3rd Floor 1 Ashley Road, Altrincham, Cheshire, United Kingdom, WA14 2DT. All feedback, comments, requests for technical support, and other communications relating to the Gift Card Services should be directed to: firstname.lastname@example.org.
OMAZE GIFT CARD MODEL CANCELLATION FORM
To: Omaze UK Limited
I hereby give notice that I am cancelling my Omaze Gift Card Order.
Purchaser’s Name: __________
Purchaser’s Email: __________
Gift Card Order Date: __________
If you cancel an Order by submitting the Model Cancellation Form above, Omaze will send you an acknowledgement of receipt of your cancellation by email.
Please read this section carefully. you understand and agree that you waive your right to sue or go to court to assert or defend your rights connected with these Gift Card Terms.
In addition, you will retain the right to opt out of arbitration entirely and litigate any Claim if you provide us with written notice of your desire to do so by regular mail sent to the attention of Omaze’s Legal Department at the Omaze address set out in Section 17(C) below, within 30 days following the date you first agree to these Gift Card Terms. If Omaze changes any of the terms of this Section 13 after the date you first accepted these Gift Card Terms (or accepted any subsequent changes to these Gift Card Terms), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Effective” date above. By rejecting any change, you are agreeing that you will arbitrate any Claim between you and Omaze in accordance with the terms of this Section 13 as of the date you first accepted these Messaging Terms (or accepted any subsequent changes to these Messaging Terms).
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