NOTICE OF ARBITRATION PROVISIONS: Your purchase and use of Gift Cards or other use of our Services is subject to binding individual arbitration of any disputes which may arise, as provided in the Terms and Conditions, which also means that you waive your right to participate in any class action. Please read the arbitration provisions carefully and do not use or purchase Gift Cards or otherwise use our Services if you are unwilling to arbitrate any disputes you may have with us.
Please also note that regardless of what the Terms and Conditions, (including, but not limited to the arbitration provisions) say, Gift Cards, including but not limited to their use and purchase, shall be subject to the laws of California. In any arbitration concerning the Gift Cards, the laws of California shall apply, consistent with the Federal Arbitration Act.
- Gift Cards; Redemption. Gift Cards can be purchased online at Yoobi.com. Gift Cards will be sent by email typically within [60 minutes] of purchase. In the event you are permitted to schedule a specific delivery date, then your Gift Card will be emailed on the date, time, and time zone you specified during checkout.
Gift Cards can only be used on Yoobi.com. To redeem a Gift Card for purchase of Yoobi products, you may have to first register (including possibly providing email, credit card and other information) through our online registration process and create a Yoobi Account. You will then be asked to enter the Gift Card code from the email (enter PIN if provided in email).
- Redemptions. Gift Cards are redeemable up to their balance only, and that balance may be used only towards the purchase of Yoobi products on Yoobi.com. Purchase amounts that exceed the value of the tendered Gift Card balance will require an additional payment for the balance due.
- Gift Card Balance. You can view the total remaining balance of all Gift Cards that have been applied to your Yoobi.com Account (“GC Balance”) but not yet applied to a purchase by visiting https://yoobi.com/pages/check-gift-card-balance. Purchases are deducted from your GC Balance. In most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the balance adjustment is delayed. Any unused GC Balance will remain associated with your Yoobi Account.
- Security. Hold your Gift Cards securely and write down your Gift Card number and PIN in a safe place. Gift Cards are not reloadable and cannot be replaced if lost, stolen or used without authorization.
- Delivery/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. Gift Cards must be obtained from Yoobi, and you are responsible for safeguarding your GF Balance or Gift Card from unauthorized use. We are not responsible if any Gift Card is lost, stolen, or destroyed, or if your GF Balance or any Gift Card is used without your permission. There are a variety of Gift Card scams that request payment by Gift Card. Yoobi 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.
- Not for Resale. Gift Card is valid only if obtained from Yoobi. Gift Card is not valid and will not be honored, and Yoobi will not be liable, if obtained from unauthorized sellers or resellers, including through Internet auction sites. Gift Card cannot be resold without Yoobi' formal written authorization. Yoobi reserves the right to refuse to honor a Gift Card where Yoobi suspects that the Gift Card was obtained fraudulently. Yoobi reserves the right to refuse to honor any Gift Card in the event of a disputed credit card charge, bounced check or other failure of consideration.
- No Expiration or Fees. The Gift Card has no expiration date. Maintenance, dormancy or service fees do not apply to balances on Gift Cards.
- Limitations. Gift Cards are not debit or credit cards. Gift Cards have no cash value, there are no credits, refunds or exchanges, and they may not be redeemed for cash (except as required by law) or used to purchase other Gift Cards. Purchase amounts that exceed the value of the tendered Gift Card balance will require an additional payment for the balance due. Gift Cards are void where prohibited. Gift Cards will not be redeemed if the Code/PIN is invalid or the Gift Card has not been activated (e.g. if you have not registered for a Yoobi Account). Yoobi reserves the right to restrict the redemption of more than $1,000 in Gift Card balances by one person in any 30-day period.
- Issuer. The Gift Cards are issued by Yoobi. Yoobi is responsible for the operation and maintenance of the Gift Card program. Yoobi is the sole legal obligor to you; provided, however, that Yoobi may assign its obligations with respect to the Gift Cards at any time, in which case such assignee shall become the Yoobi and sole legal obligor to you.
- YOOBI MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS OR ANY WEBSITES OR APPLICATIONS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
In the event that the Gift Card system may become temporarily inoperative, you may be unable to obtain information about the balance on your Gift Card or Gift Card transactions, or use your Gift Card to pay for purchases during that time. Please notify:
Phone: (310) 560-0774 if you experience any problems using your Gift Card.
You agree that Yoobi and its affiliates are not responsible for any interruption of service purchased by you with your Gift Card.
- General Terms. The Gift Card Terms, and purchase and use of Gift Cards shall be subject to the laws and regulations of the State of California without regard to conflict of law rules. Yoobi reserves the right to change these Gift Card Terms from time to time in its discretion, which changes we may provide to you by any reasonable means including, without limitation, by posting the revised version of these Gift Card Terms at Yoobi.com. 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. You hereby release Yoobi and its parent companies, affiliates, and subsidiaries from and against from any and all claims, losses, or causes of action (including, without limitation, attorneys' fees) in connection with your purchase or use of the Gift Cards.