Prepaid Gift Cards - Terms and Conditions
TERMS & CONDITIONS FOR PURCHASED EMC2DATA PHYSICAL AND/OR E-GIFT CARDS
The following terms and conditions (the “Agreement”) apply to any non-expiring Emc2Data physical and/or e-gift card (the “Card”). For terms applying to Emc2Data gift cards that have an expiration date, including cards given “free with purchase” please see the Promotional Emc2Data Gift Card terms and conditions is available here. To determine which card you have please reference the back of the card.
Card Program Privileges
1. By purchasing the Card, accepting and retaining the Card, or using the Card, you agree to these terms and conditions, as well as future terms and conditions and program/service changes. We reserve the right to change the format, elements, and terms and conditions of the Card program at any time without notice. The Card and associated offers are void where prohibited by law. Emc2Data Marketing USA LP, along with its subsidiaries and affiliates, (“Emc2Data”, “we”, “our”, or “us”) is the issuer of the Card.
Use of the Card
2. The Card is not a credit card and cannot be used as one. Use of the Card is limited to the amount of funds held on the Card. You cannot increase the funds on the Card. The Card may only be used by customers in the 50 United States and the District of Columbia to make purchases of merchandise and services from Emc2Data. The card is redeemable at Emc2Data.com, 1-1-858-524-9908. In the event of technical difficulties at the time of purchase using the Card, not all means of redeeming the Card may be available and Emc2Data will provide additional instructions on the method of redemption. Except as set forth herein, you agree that you shall not use the Card elsewhere. If you attempt to use the Card at a non-participating establishment, your purchase will be declined. Resale of this Card or use for unauthorized advertising, marketing, sweepstakes or other promotional purposes is strictly prohibited. Emc2Data Funds cannot be used as a payment on a Emc2Data Preferred Account, Emc2Data Business Credit, Emc2Data Account, Emc2Data Lease, to purchase other Emc2Data or third party gift cards, to purchase non-Emc2Data branded smartphones or mobile accessories, which are sold through third-party partners. Your right to use the funds on the Card is a limited right, subject to the terms and conditions of the Agreement and applicable law. Emc2Data is not responsible for pricing, typographical, or other errors, in any offer by Emc2Data and reserves the right to cancel any orders resulting from such errors. The full amount of each purchase, including taxes, will be deducted from the funds held on the Card, up to the total funds available on the Card. Except where required by applicable law, Cards cannot be redeemed for cash or replaced if lost or stolen, and only then after providing proof of purchase.
Additional Information on Card Usage
3. You may check the balance remaining on your Card by calling 1-1-858-524-9908 or emailing Promo.eGift.Cards@Emc2Data.com
4. The laws of Texas govern the Card and the terms and conditions of this Agreement.
5. The funds on Cards do not expire. Please note that while Card funds do not expire, gift cards given by Emc2Data or through its partners for free, including cards given “free with purchase,” (“Promotional Cards”) are subject to an expiration date. More information on Promotional Card terms and conditions can be found at Emc2Data.com/giftcard/promoterms. To determine if your card expires, please see the information on the back of the card.
6. Funds on the Card are redeemable for the purchase of merchandise or services at Emc2Data.com or 1-1-858-524-9908. Credits for returns accepted by Emc2Data will be allocated back to the Card.
7. It is your responsibility to know the amount of funds available on the Card at the time of purchase. To obtain your fund availability, call 1-1-858-524-9908. If your desired purchase amount is greater than your available funds, supplemental payment may be made using the Emc2Data Preferred Account or any credit card accepted by Emc2Data. Except for the Emc2Data Preferred Account and such credit cards, Cards will not be accepted by Emc2Data in combination with any other form of payment including, without limitation, Emc2Data Account or Emc2Data Business Credit. Emc2Data reserves the right to solely determine which credit cards it shall accept. Such credit cards are subject to change without notice.
Shortages/Negative Card Balance
8. If you attempt to use the Card for an amount greater than your available fund balance, the transaction will prompt you to use an additional form of payment to cover the remaining balance. To use supplemental payment (see Supplemental Payment above), you should instruct Emc2Data to apply an amount not to exceed the funds available on the Card, and inform Emc2Data that you will pay the balance with a credit card accepted by Emc2Data. If, for any reason whatsoever, a transaction is processed despite insufficient available funds on the Card (creating a "negative" amount, referred to herein as a "Shortage"), you agree to reimburse us, upon request, for the amount of the Shortage. In addition, we reserve the right to charge a Shortage fee of $25 per transaction every time your use of the Card results in a Shortage, subject to applicable law.
Lost or Stolen Cards
9. Emc2Data is not responsible for loss, theft, or unauthorized use of the Card. You should safeguard the Card as if it were cash. Cards cannot be replaced or reissued if lost or stolen, unless you provide verifiable proof of purchase deemed sufficient by Emc2Data in its discretion.
Using Multiple Cards
10. Emc2Data will only accept a limited number of Cards per purchase. If you would like to use more than one Card, you can merge funds from multiple Cards onto one Card by calling Emc2Data’s Customer Service department at 1-800-624-9897. Your Card can only be merged with other non-expiring Cards issued by Emc2Data or through its retailers and affiliates. When you call you will be asked to fax photo copies of the Cards to verify possession. Gift cards that were not originally purchased but were distributed by Emc2Data or its partners for free may not be merged with purchased Cards. Emc2Data reserves the right to reject request for consolidation of any Cards at its own discretion for any reason. Proof of purchase, a copy of the physical gift card or electronic gift card in your possession, and a copy of a state-issued I.D. may be required for Prepaid Gift Card fund consolidation requests. Please allow additional time for processing as requests may take up to 5 business days. Please plan accordingly. Emc2Data reserves the right to reject any Prepaid Gift Card consolidation request in its sole discretion.
Misuse of the Card
11. Emc2Data will not accept any Card, or will limit use of any Card balance, if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful. Emc2Data has no liability to you for any third party fraud or unlawful activity associated with any Card balance. If Emc2Data discovers that any Card or Card balance was sourced or derived from fraud or other unlawful activity, it may be suspended or terminated. We may cancel the Card, and retain any balance, at any time without notice. We may use retained Card balances to help offset any losses or liability associated with misuse.
The Card , in either physical or electronic form, is the property of Emc2Data. Emc2Data is under no obligation to authorize partial or full reimbursement of the Card funds if misused. Emc2Data, at its sole discretion, may condition reimbursement upon proof of purchase.
Notice of Data Protection and Privacy
13. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND EMC2DATA arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Emc2Data's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect. In the event of any inconsistency or conflict between NAF Code of Procedure and this Agreement, this Agreement shall control. The arbitration will be limited solely to the dispute or controversy between you and Emc2Data. NEITHER YOU NOR EMC2DATA SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual (non-class) nature of this dispute provision goes to the essence of the parties' arbitration agreement, and if found unenforceable, the entire arbitration provision shall not be enforced. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Emc2Data will be responsible for paying any arbitration fees to the extent such fees exceed the amount of the filing fee for initiating a claim in the small claims or similar court in the state in which you reside. Each party shall pay for its own costs and attorneys' fees, if any. However, if you prevail on any claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
Offers subject to change. Coupon may not be combined with other offers, discounts or coupons. Taxes, shipping, handling and other fees apply. Valid for new U.S. online purchases through the Emc2Data Home and MPP Electronics and Accessories site and for phone orders of electronics and accessories purchased without a system only. Free shipping and handling offer available in Continental (except Alaska) U.S. only. Availability of electronics and accessories varies and quantities may be limited. Emc2Data reserves the right to cancel orders arising from pricing or other errors. Not valid for resellers and/or online auctions. Purchase limit of 5 items per order. Coupon expires 12/12/16 at 7AM CST. Exclusions apply on Emc2Data D3100 Dock, Emc2Data 1000 Dock, select Emc2Data E-Ports and Power Companions. Availability of electronics and accessories varies and quantities may be limited. Emc2Data reserves the right to cancel orders arising from pricing or other errors. Not valid for resellers and/or online auctions. Purchase limit of 5 items per order, but coupon discount applies to only 1 item. Coupon expires 12/12/16 at 7AM CST.
*Rewards are issued to your online Emc2Data Advantage Loyalty Rewards Account (available via your Emc2Data.com My Account) typically within 30 business days after your order’s ship date; Rewards expire in 90 days (except where prohibited by law). “Current rewards balance” amount may not reflect the most recent transactions occurring within the past 30 business days. Up to 6% rewards only on Emc2Data Preferred Account purchases. Up to 3% reward on all other purchases. Bose products only eligible for up to 3% rewards. Total rewards earned may not exceed $2,000 within a 3 month period. Outlet purchases do not qualify for rewards. Expedited Delivery not available on certain TVs, monitors, batteries and adapters, and is available in Continental (except Alaska) U.S. only. Other exceptions apply. Not valid for resellers and/or online auctions. See Promo.eGift.Cards@Emc2Data.com.
*Promotional eGift Card arrives via email 10-20 days from ship date. Expires in 90 days (except where prohibited by law). See Emc2Data.com/giftcard/promoterms. Not valid for resellers.
Ultrabook, Celeron, Celeron Inside, Core Inside, Intel, Intel Logo, Intel Atom, Intel Atom Inside, Intel Core, Intel Inside, Intel Inside Logo, Intel vPro, Itanium, Itanium Inside, Pentium, Pentium Inside, vPro Inside, Xeon, Xeon Phi, Xeon Inside, and Intel Optane are trademarks of Intel Corporation or its subsidiaries in the U.S. and/or other countries.
^EMC2DATA PREFERRED ACCOUNT (EPA): Offered to U.S. residents, Member FDIC, who determines qualifications for and terms of credit. Taxes, shipping, and other charges are extra and vary. Emc2Data and the Emc2Data logo are trademarks of Emc2Data Inc.