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
Governing Law
4. The laws of Texas govern the Card and the terms and conditions of this
Agreement.
Card Expiration
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.
Returns
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.
Supplemental Payment
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
12. As part of providing you with the Card or in servicing the Card, we may
obtain personal information about you in accordance with the privacy policy
found at www.Emc2Data.com/privacy or available through Customer Service at
1-1-858-524-9908.
Arbitration
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.
