updated 09/29/2016 THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
Acceptance of Terms
Welcome to incentivecardstore.ca, a website operated by Blackhawk Network (Canada) Ltd. (“Blackhawk"). Blackhawk provides its service to you subject to the following Terms of Service (“Terms")”). By accessing a Blackhawk website (each, a “Site") on the Internet or World Wide Web, you are agreeing to comply with and be bound by the Terms. If you do not wish to agree to the Terms, do not access or use any part of any Site. In addition, when using particular Blackhawk services, you are subject to any posted guidelines or rules applicable to such services or products. All such guidelines and rules applicable to such services or products are hereby incorporated by reference into the Terms. We may refuse any or all of our services to anyone at any time, in our sole discretion.
Products and Services
Various products, such as greeting cards, gift cards, and other prepaid cards, whether they are plastic or electronic, may be selected and purchased on a Site (“Blackhawk Products")”). Some Blackhawk Products are issued by retailers and others are offered by financial institutions. Both retailers and financial institutions are referred to in the Terms as “Merchants”. Some Blackhawk Products can be customized with text, pictures, and/or graphics. When you have completed and paid for your order, Blackhawk will produce the Blackhawk Products you have selected and send them to the recipients specified by you. The pricing for Blackhawk Products is set forth on the applicable Site, and incorporated into these Terms by reference. Please note that prices and fees may change from time to time; the price charged to you will be the price set forth on the Site at the time you place your order. Please place and complete your order carefully. All purchases of Blackhawk Products are non-returnable and non-refundable. If you have any questions or problems with your order or the order has not been received within the expected timeframe, please contact us immediately at email@example.com or 1-844-394-2923. Please include your order number in all communications for prompt service.
Blackhawk reserves the right to deny participation or cancel any issued Blackhawk Product should the name of a recipient appear on OFAC, OSFI, and FINTRAC lists, or other local, state or federal lists of individuals being pursued by law enforcement agencies, or for other legal or risk related reasons as solely determined by Blackhawk. For some Blackhawk Products, you must undergo customer identification (also known as know-your-customer rules or “KYC”). KYC is performed by Blackhawk. You agree to provide Blackhawk with the name, address, tax identification number or such other information necessary for Blackhawk to reasonably verify your identity for performance of KYC, OFAC/OSFI screenings, and any other compliance activities, prior to, at the time of account set up, or upon request.
Use of Blackhawk Products
You may only purchase Blackhawk Products for use or further distribution of those Blackhawk Products in a loyalty, promotional or award program in which individuals are awarded a Blackhawk Product and where no money or other thing of value is given by the individual in exchange for that Blackhawk Product. Recipients shall not be required to pay money or give any other thing of value in exchange for the Blackhawk Products, including a price increase to cover the cost of the Blackhawk Product. In no event are you allowed to resell or offer Blackhawk Products for sale to third parties.
You are solely responsible for managing and implementing your loyalty, award or promotional program and you determine which recipients are eligible to receive Blackhawk Products.
You agree to remain in compliance with applicable law in your use of the Blackhawk Products and the implementation of your loyalty, award or promotional program. Without limiting the foregoing, you shall comply with all applicable laws related to consumer protection, rebate, promotions, and sweepstakes. Blackhawk bears no responsibility or liability for any tax determination or treatment related to the Blackhawk Products, including the eligibility of any recipients of Blackhawk Products for any tax exclusion.
For standard material that accompanies the Blackhawk Products, whether or not such materials are co-branded with your trademarks, Blackhawk reserves the right to change the material at Blackhawk’s discretion without notice. Blackhawk will not change any of your co-branding without your approval.
Subject to applicable law, you agree to comply with all reasonable requests made by Blackhawk to investigate, prevent and recover sums due relating to any actual or suspected loss, fraud, or other improper use of any Blackhawk Product that you order.
You are responsible for designating individuals authorized to place orders and you are liable for all orders placed on your behalf using the required credentials. All orders of Blackhawk Products are subject to acceptance by Blackhawk. No Blackhawk Products may be shipped to or used in countries prohibited or sanctioned by applicable law and/or as directed by the Merchant.
Physical Blackhawk Products will be shipped to the address (or addresses) provided by you via Blackhawk’s standard carrier. Shipping and handling fees shall apply. Electronic Blackhawk Products (such as eGift cards) will be sent to recipients via e-mail. You are solely responsible for validating the accuracy of each order and order information. The full risk of loss for Blackhawk Products passes to you upon delivery to the address provided to Blackhawk or the sending of the delivery e-mail by Blackhawk (as applicable).
You represent, warrant and covenant that your use and disclosure of personal information regarding any recipients of Blackhawk Products does and will continue to comply with all applicable laws relating to the protection of such information. You will obtain any necessary approvals or consents from recipients prior to sending or disclosing personally identifiable information (including any e-mail address) of such recipients to Blackhawk. Without limiting the foregoing, you will ensure that you will only cause Blackhawk to send a Blackhawk Product to a recipient where you have established consent to send such Blackhawk Product to the recipient, or you have established an exception to the need for such consent, as required under applicable law. You will obtain any express consent only through an “opt-in” consent mechanism that advises the consenting party that he or she may unsubscribe from receiving commercial electronic messages, and that contains all contact information required under all applicable law. You will retain records of any such consents and shall provide such records upon request from Blackhawk.
Use of Site
The Sites contain or may contain information, text, photographs, designs, graphics, images, sound and video recordings, animation, and other materials and effects (including logos) that are protected by copyrights, trademarks, service marks, pending patents, trade dress or other intellectual or proprietary rights owned by Blackhawk or an affiliated company, or other third parties (the “Content”). You acknowledge and agree that these rights belong to their respective owners and are protected in all forms, media and technologies existing now or hereinafter developed. Sites owned by Blackhawk, and Blackhawk logos, product and service names are trademarks of Blackhawk (the “Blackhawk Marks”). You agree not to display or use: (i) Blackhawk Marks without Blackhawk’s written permission and (ii) the Content in any manner without the owner’s written permission.
You shall, at all times, accurately describe the terms and conditions of the Blackhawk Products, and you are solely liable for all costs, expenses and outcomes of descriptions of the Blackhawk Products. You shall not market, advertise or promote the availability of Blackhawk Products any way that (i) is misleading or potentially misleading, or (ii) fails to clearly identify material terms and conditions of the Blackhawk Products.
You agree not to “frame” or “mirror” any Content or third-party content contained on or accessible from a Site on any other server or Internet-based device without the advance written authorization of Blackhawk or its licensors or licensees, respectively.
Your use of a Site is subject to applicable local, provincial, federal and international law. Your use of a Site in violation of this Section governing Online Conduct could subject you to criminal prosecution and/or personal liability for damages.
You agree not to use a Site or any of the Content for any illegal or harmful purpose. By way of example only, and not as a limitation, you specifically agree not to: (a) upload, post, e-mail, or otherwise transmit any material that is unlawful, indecent, pornographic, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including falsely stating or otherwise misrepresenting your affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through a Site; (e) upload, post, e-mail or otherwise transmit any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload, post, e-mail or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy, or other proprietary rights of any party; (g) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt any Site or servers or networks connected to any Site, or disobey any requirements, procedures, policies or regulations of networks connected to any Site; (i) intentionally or unintentionally violate any applicable local, provincial, federal or international law or any regulations having the force of law.
Use of Content
Blackhawk grants you permission to access and view each of its Sites and to electronically design Blackhawk Products for the sole purpose of submitting an order. Any other use of the Sites or the Content, in whole or in part, without permission of the applicable rights holder is strictly prohibited, including without limitation: modification, republication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction for purposes other than those noted above, or other similar unauthorized exploitation of a Site or the Content. Without limiting the foregoing, unauthorized use of the Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit.
Third Party Links, Products and Services
Our products and services may be made available to you through the use of third-party web sites (“Third-Party Portals”). If you accessed a Site through a link from a Third-Party Portal or if a Site provides links to any third-party sites, you agree that we have no control over the content on such sites AND YOU AGREE THAT WE ARE NOT LIABLE FOR THE PRODUCTS AND/OR SERVICES OFFERED ON SUCH THIRD-PARTY SITES. WE ARE NOT RESPONSIBLE FOR AND DO NOT OFFER ANY WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, RELIABILITY OR ANY OTHER ASPECTS OF PRODUCTS OR SERVICES FROM THIRD-PARTIES. YOU RELEASE US FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST US ARISING FROM YOUR USE OF PRODUCTS OR SERVICES FROM THIRD-PARTIES.
Copyright Policy, Representation and Indemnity
You are wholly responsible for any data you transmit to the Site (“Submitted Data”), whether such data consists of pictures, art work, text, or other data types, such as audio, video, or multimedia. It is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner or to use trademarks without the permission of the trademark owner. You are responsible for assuring that no Submitted Data you transmit to a Site violates any copyright or trademark right, and that it complies with these Terms. Before transmitting Submitted Data to a Site, you should assure that such Submitted Data is in the public domain and therefore not subject to copyright protection, or that you have the consent of the copyright or trademark owner to use the material. By uploading Submitted Data to a Site and/or by submitting Submitted Data for integration into any Blackhawk Product for processing, sharing, storage or fulfillment: (i) you grant us a limited, royalty free and non-exclusive licence to use, adapt, transmit, transfer, store, copy and display the Submitted Data solely in connection with our providing products and/or services to you; (ii) you represent and warrant to us that the Submitted Data are in the public domain; or that you have all right, title and interest in and to all copyrights in the Submitted Data, or that you have the express permission to copy and use such Submitted Data for all purposes related to the products you order through the Site; and (iii) you represent and warrant to us that the Submitted Data do not violate or infringe upon the proprietary rights (including privacy, moral or publicity rights) of others.
Submitted Data Content Policy and Acknowledgement; Compliance with Law
You may not upload to a Site any material, whether text, images, or otherwise, that (a) is inaccurate or is deceptive; (b) infringes any copyright, trademark, right of privacy, right of publicity, or any other right of a third party, including without limitation, images of celebrities, actors, musicians, sports figures, politicians, cartoon characters or public figures of any kind; (c) is unlawful, threatening, abusive, libellous, defamatory, obscene, sexual or pornographic, profane or offensive to the community or to any reasonable segment thereof, or (d) contains phone numbers, addresses, account numbers, personalized identification numbers or URL addresses (collectively, “Inappropriate Content ”).
We have no obligation to monitor the Submitted Data. However, we (and our licensees, suppliers, fulfillers, and Third-Party Portals, and Merchants) reserve the right at all times to review the Submitted Data, to disclose the Submitted Data as necessary to satisfy any laws, regulations or government requests and to report any potential violations of law to law enforcement authorities, to refuse to post or transmit the Submitted Data, to remove the Submitted Data, and to refuse to perform any orders for processing or fulfillment for Submitted Data that are, in our sole judgment and discretion, (or in the sole judgment and discretion of any of the entities described above), objectionable or in violation of these Terms. In the event that you submit Submitted Data to a Site for inclusion on Blackhawk Product and the Merchant issuing the prepaid card believes the Blackhawk Product contains Inappropriate Content, the Merchant may reserve the right to refuse to honour the Blackhawk Product.
Blackhawk reserves the right to determine, at its sole discretion, whether Submitted Data will be accepted for incorporation into Blackhawk Products. If Blackhawk does not approve the Submitted Data, we will notify you by email that your submission has been rejected. At such time you may submit another image for consideration in a subsequent order.
Creating Custom Image and Text for Gift Cards and Visa* Prepaid Cards
- Image files can be in .JPEG, .GIF, or .PNG formats
- Small images will reproduce poorly when printed
- Increasing the scale of your image may cause it to print poorly
- The bigger the image you choose, the longer it will take to upload
- The time your image takes to upload depends on your own internet connection speed
Visa* Canada Guidelines for Use of Colour Images (Photos) on Visa* Prepaid Cards
In addition to the general terms for Submitted Data described above, the appearance or interpretation of any of the following in the foreground or background of photos is prohibited, including but not limited to:
- Competitive Marks/Names (e.g. MasterCard, American Express, etc.)
- Political Statements (e.g., information that appears to promote or denigrate a political party, partisan political positions, political candidates, etc.)
- Branded Products
- Copyrighted or Trademarked Material
- Celebrities/musicians/public figures/athletes/cartoons, etc.).
- Phone Numbers (e.g. 800 or 900 numbers) and URL addresses (e.g. www.xyz.com)
- Socially Unacceptable Groups (e.g. gangs, supremacy, etc.)
- Provocative or Sexual content
- Profanity or Obscenities
- Any references to Visa partnerships and/or sponsorship properties (for example, FIFA, Olympics, and the NFL, etc.)
- Any photo that might result in non-acceptance or other problems at the point of sale
- Any printing or process that interferes with the required security features of the card
- Taglines (e.g., “powered by”, “driven by”, “treat like cash,” etc.), slogans, advertising and marketing language
- Images of product brands or branded products for which the issuer does not have explicit permission to use
- Bank/Non-Visa Account or PIN numbers on the front or the back of a Visa card
- Content that is violent, bloody, indecent, obscene or contains nudity or semi-nudity
- Material that is directly marketed to underage children, as defined by applicable law
- Reproduction of currency or virtual currencies (Bitcoin, comparable stored value business models)
- Culturally or socially insensitive texts or images, or those that show alcohol, tobacco, gambling, firearms, online or role playing games, adult entertainment, or other anti-social behaviors
- Financial services companies (including any financial institution that could potentially be considered a Visa issuer)
- Groups associated with hatred or intolerance (race, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity)
- Direct selling organizations
- Alcohol, tobacco or pharmaceutical companies
- Libelous or derogatory or defamatory content
- Discriminatory or provocative content
- Content that instigates or encourages anti-government behaviour or sentiment, or content that is in violation of any rules, regulations, or laws
- Numbers, text or images that might result in card acceptance confusion by merchants or misunderstanding/confusion with cardholders
- Marks and logos belonging to companies that compete with Visa in any way, merchant processors and card vendors (including manufacturers and card personalizers), other than required manufacturer ID code on the card back
- Any image that may potentially denigrate the Visa brand
Indemnification Regarding Submitted Data
You agree to indemnify us and hold us and our licensees, suppliers and fulfillers, owners and operators of Third-Party Portals and Merchants, harmless from and against any and all losses, damages, costs or expenses, including reasonable attorneys' fees, arising out of (a) any claim by a third party that the Submitted Data (or the use thereof) constitutes an infringement or other violation of such third party's trademark, copyright, intellectual property rights or other rights; or (b) your use of any Inappropriate Content; or (c) any violation of law by you; or (d) any acts prohibited under this section on Submitted Data. Your obligation to indemnify and hold us harmless shall survive any expiration and termination of these Terms. The Parties acknowledge and agree that each of our licensees, suppliers and fulfillers, owners and operators of Third-Party Portals and Merchants is a third-party beneficiary to this Agreement, and that Blackhawk holds all of the rights, benefits, covenants and indemnifications under this Agreement that are provided for, or are to accrue to, the benefit of those third-party beneficiaries as agent for, and in trust for the benefit of, those third-party beneficiaries.
Limitation and Disclaimer of Warranties; Limitation of Liability
You agree that in the event of any damage to or loss of a Blackhawk Product by us (or by our licensees, suppliers, fulfillers, owners and operators of Third-Party Portals and Merchants), even through negligence or other fault, our sole obligation (and the sole obligation of our licensees, suppliers, fulfillers, owners, and operators of Third-Party Portals and Merchants), and your sole remedy, is at our option, to replace the lost or damaged Blackhawk Product(s) or provide you with a refund or credit, for the cost of the purchase price for lost or damaged Blackhawk Product(s). You must submit a claim within thirty (30) days from your date of purchase.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER WARRANTIES (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY AND NON-INFRINGEMENT) ARE EXPRESSLY DISCLAIMED. ALL SITES, CONTENT, AND THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER BLACKHAWK NOR ANY OF ITS AFFILIATED COMPANIES, NOR ANY OF THEIR LICENSEES, SUPPLIERS, FULFILLERS, OWNERS AND OPERATORS OF THIRD-PARTY PORTALS OR MERCHANTS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF ANY SITES. THE FOREGOING DISCLAIMER INCLUDES, WITHOUT LIMITATION, A DISCLAIMER OF ANY WARRANTY OR REPRESENTATION THAT THE SITES WILL BE UNINTERRUPTED, RELIABLE, SECURE OR ERROR FREE, OR THAT THE SITES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITES WILL OTHERWISE MEET YOUR EXPECTATIONS.
Under no circumstances shall we (or our licensees, suppliers, fulfillers, owners and operators of Third-Party Portals or Merchants) be liable for damages of any kind, under any legal theory arising out of or in connection with your use of, inability to use, any Site, any Content, or any products or services offered through a Site, including any direct, indirect, incidental, special or consequential damages (including but not limited to damages for loss of profits, use, data or other intangibles) even if we, or our licensees, suppliers, fulfillers, owners and operators of Third-Party Portals or Merchants, have been advised of the possibility of such damages. Without limiting the foregoing, this disclaimer of liability applies to any loss or damage arising out of the customization, processing, storage or fulfillment of any material, Blackhawk Product, or Submitted Data, the inability to use a Site, any changes to a Site (or its products and/or services), or the unauthorized access to or alteration of your transmissions or data. Some jurisdictions do not allow the limitation or exclusion of incidental, consequential or other types of damages, so some of the foregoing limitations may not apply to you.
In addition, in the event you violate these Terms and you intentionally publicize such violation, you acknowledge that Blackhawk and its affiliated companies may suffer substantial damage to its reputation and goodwill and that you can be liable for causing such substantial damage. Furthermore, you agree to refrain from using the services offered through the Site, including ordering any Blackhawk Products, in any manner that would cause damage to the public reputation of Blackhawk, its affiliated companies, and their employees, shareholders, board members, Merchants, or third parties for which Blackhawk provides services. In the event that you use or publicly display any products ordered through the Site, including by display on the Internet, in order to intentionally bring harm to Blackhawk or any of its affiliated companies or their employees, or shareholders, or board members, or to owners or operators of Third-Party Portals, or Merchants, Blackhawk reserves the right to demand the immediate return of the Blackhawk Product(s) ordered from a Site, to invalidate, without refund, the value remaining in such Blackhawk Products, and to pursue any and all further remedies available to Blackhawk and its affiliated companies under the law.
Termination of Right to Use a Site
We reserve the right to terminate your right to use one or more Sites if you violate any of these Terms or if your account has been inactive for more than one year. Upon termination of your right to use one or more Sites, we will remove your account privileges. We will have no obligation to return to you your Submitted Data. The disclaimers and limitations of liabilities set forth in these Terms shall survive any such termination. Your sole recourse and remedy if Blackhawk terminates your right to use a Site, is to receive a refund for any Blackhawk Product paid for but not processed or fulfilled by Blackhawk, if any.
Privacy and Security
You understand that your account information on the Sites is controlled by you, through the User IDs and Passwords that you selected. You are responsible for protecting the confidentiality of those User IDs and Passwords. Blackhawk is entitled to rely on the fact that any Submitted Data, orders for Blackhawk Products or other information sent to any Site under your User ID and Password for that Site were sent by you. If you believe that the confidentiality of any of your User IDs and/or Passwords has been compromised or that someone has accessed your account without authorization, you should contact our customer service representatives immediately by either sending an e-mail to firstname.lastname@example.org or by calling1-844-394-2923.
By accessing a Site both you and Blackhawk agree that the laws of the Province of Ontario, and the federal laws of Canada applicable therein (without regard to the conflicts of laws principles that would impose a law of another jurisdiction), will apply to all matters relating to use of such Site and its contents. Blackhawk makes no representation that the Contents are appropriate or will be available for use in other locations. If you use a Site from outside Canada, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Content and the third party content. Unless otherwise explicitly stated, all marketing or promotional materials found on a Site are solely directed to individuals, companies or other entities located in Canada, and are not available to residents of Québec. You and Blackhawk further agree to irrevocably and unconditionally attorn to the exclusive jurisdiction of the courts of the Province of Ontario and all courts competent to hear appeals therefrom, with respect to any matters relating to the services, the use of a Site and its Contents, or any transactions arising therefrom. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or related to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
All costs and taxes are quoted in Canadian dollars. You must pay all applicable taxes on purchases made on the Site. We may in our sole discretion add, delete or change some or all of the prices of our products and services at any time without notice, other than as set forth on the relevant Site.
Merchant Terms and Conditions
You acknowledge and agree that Blackhawk Products are subject to terms and conditions that are set by the Merchant. We do not own or control the terms and conditions about Blackhawk Product. Among other things, the terms and conditions may set out information on expiry dates and fees, including monthly maintenance fees on Visa Gift Cards that begin after the card is purchased, whether or not you have distributed that card to the ultimate recipient. A copy of the terms and conditions are provided to you when you purchase a Blackhawk Product. If a copy of these terms and conditions accompany the Blackhawk Product, you will not separate those terms and conditions from the Blackhawk Product.
We make no representations about, do not endorse, and are not responsible or liable for: (i) the terms, conditions and other details about those Blackhawk Products; and (ii) the goods or services offered by any Merchant. If you have questions or problems with your Blackhawk Product, or anything you buy using your Blackhawk Product, you agree to settle the problem directly with the Merchant. We are not responsible for the failure of any Merchant to honour a Blackhawk Product for any reason.
Some Merchants may not offer Blackhawk Products, terms and conditions or notices in the language of your choice. Blackhawk Products, product descriptions, redemption information and terms and conditions are provided by the Merchants at their discretion and questions should be directed to the Merchants.
Prepaid Card Activation
Plastic gift cards and Visa prepaid cards
Physical Blackhawk Products (other than Visa prepaid cards) that ship from incentivecardstore.ca may need to be activated prior to using. For Visa prepaid cards, plastic cards will be shipped "active", which means that recipients are not required to further activate their card prior to using. However, recipients of Visa prepaid cards are strongly encouraged to register their card on the Site.
Electronic gift cards.
Electronic gift cards do not require activation by customers. Recipients of electronic gift cards will click on a link in their e-mail to retrieve their activated electronic gift cards. It is important that this link be kept confidential, as anyone who has this link will be able to use funds on the gift card.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS BLACKHAWK, THE MERCHANTS, AND THEIR RESPECTIVE AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF BLACKHAWK NETWORK, ARISING FROM OR RELATED TO (I) YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS SITE; (II) YOUR BREACH (OR, AS TO DEFENSE OBLIGATIONS ONLY, ALLEGED BREACH) OF THIS AGREEMENT; (II) YOUR VIOLATION OF ANY APPLICABLE LAW; AND (III) YOUR GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUDULENT ACTIONS. ADDITIONALLY, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE EXPRESS BENEFICIAIRES FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, LIABILITIES, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) ARISING IN ANY WAY OUT OF CLAIMS BASED UPON ANY ACTIONS TAKEN BY ANY PERSON USING YOUR LOGIN INFORMATION.
Your obligation to indemnify and hold us harmless shall survive any expiration and termination of these Terms. The Parties acknowledge and agree that each of the Merchants and their respective affiliates is a third-party beneficiary to this Agreement, and that Blackhawk holds all of the rights, benefits, covenants and indemnifications under this Agreement that are provided for, or are to accrue to, the benefit of such third-party beneficiaries as agent for, and in trust for the benefit of, such third-party beneficiaries.
For purposes of these Terms, “you” and “your” shall mean you and “we”, “us,” and “our” means Blackhawk and, if applicable, those third parties acting on behalf of Blackhawk from time to time. Title and risk of loss for products purchased by you through a Site passes to you upon delivery of the Blackhawk Products to you or your designated recipient. We may assign our rights and responsibilities hereunder without notice to you. If any of these Terms are held invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect. We reserve the right to amend or modify these Terms or impose new conditions at any time. Such amendments and modifications will be effective immediately upon giving you notice by any means including, but not limited to, posting on the applicable Site. These Terms constitute the entire agreement between you and us with respect to the subject matter hereof and supersede all other communications, written or oral, with regard to any Site.
The failure of Blackhawk to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Blackhawk in writing. Your use of a Site, however, is subject to the additional disclaimers and caveats that may appear throughout such Site.
If you have any IncentiveCardStore customer service-related questions, please contact: Phone: 1-844-394-2923
Mailing Address: Blackhawk Network Attn: Customer Service 10615 Professional Circle Ste. 102 Reno, NV 89521
If you have any Visa card customer service-related questions, please contact: Phone: 1-877-373-6726
Mailing Address: The Perfect GiftTM Incentive/Reward Prepaid Visa Card Customer Service 10615 Professional Circle Ste. 102 Reno, NV 89521