PHILZ COFFEE GIFT CARD PROGRAM TERMS AND CONDITIONS

Last Updated: October 12, 2017

These Philz Coffee Gift Card Program Terms and Conditions (“Gift Card Terms”) are between you and Philz Coffee, Inc. (“Philz,” “we,” “us,” or “our”) and describe the terms and conditions that apply to your Philz gift card (“Gift Card”). By purchasing, loading, or using a Philz Gift Card, you agree to the following terms and conditions and the terms and conditions of Philz Coffee Terms of Service which incorporate these Gift Card Terms.


1 Eligability


You must be at least 18 years of age to purchase or use a Philz Gift Card. By purchasing or using a Philz Gift Card, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or terminated from the ability to purchase, receive and/or use Gift Cards, and (d) have full power and authority to enter into these Gift Card Terms and in so doing will not violate any other agreement to which you are a party.


2 About Your Gift Card


Your Gift Card may only be used to redeem eligible merchandise at an authorized Philz retail location. Your Gift Card is reloadable for additional value. Subject to our return policy, if you return merchandise purchased with a Gift Card, we will refund your Gift Card for the amount of the purchase.


3 Restrictions


Gift Cards cannot be resold or redeemed for cash, except to the extent required by law.


4 Fees and Expiration of Card Balances


We do not charge any activation, service, dormancy, inactivity, or any other fees in connection with your Gift Card. Gift Cards do not expire.


5 Receipts and Transaction History


We will not send you statements of activity on your Gift Card. You can check the balance of your Gift Card or review recent transactions on your Gift Card at any authorized Philz retail location or by calling (415) 635-2790. You will need to have your Gift Card available in order to access your account.


6 Errors, Corrections


We will correct the balance of your Gift Card if we believe that a clerical or accounting error has occurred. If you have questions regarding your transaction history, please contact our customer support at (415) 635-2790. Provided that you present us with sufficient details regarding your inquiry, we will review any claims of clerical or accounting errors within sixty days of the date of the transaction in question.

7 Fraud Associated with Your Gift Card or Card Balance


We reserve the right to not accept any Gift Card if we believe the use is unauthorized, fraudulent or otherwise unlawful. Philz has no liability to you for any third party fraud or unlawful activity associated with any Gift Card balance beyond our reasonable control. If Philz discovers any Gift Card was sourced or derived from fraud or other unlawful means, in our sole discretion, we may cancel all impacted Gift Cards and retain all related Gift Card balances without notice to you and take any other action we deem necessary.

8 Unauthorized Transactions


You should treat Gift Cards like cash and maintain the security of your Gift Card. You are responsible for all transactions on your Gift Card, including unauthorized transactions. Philz is not responsible for and will not replace lost or stolen Gift Cards.

9 Privacy


Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.

10 Changes to These Gift Card Terms


We may make changes to these Gift Card Terms from time to time in our sole discretion. If we make changes to these Gift Card Terms, we will provide notice of such changes, such as by sending an email notification, providing notice on www.philzcoffee.com (our “Site”), posting the amended Gift Card Terms to our Site, or updating the “Last Updated” date above. Unless we say otherwise in our notice, the amended Gift Card Terms will be effective immediately and your continued use of your Gift Card after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Gift Card Terms, you must stop using your Gift Card.

11 Termination


We reserve the right, without notice and in our sole discretion, to suspend or terminate your ability to purchase, receive and/or use Gift Cards if you violate these Gift Card Terms. We may also suspend, terminate or otherwise limit access to your Gift Cards if we suspect fraudulent, abusive or unlawful activity associated with your use of Gift Cards. We are not responsible for any loss or harm related to your inability to use a Gift Card.

12 Survival


The following sections will survive the expiration or termination of these Gift Card Terms: Sections 1, 3, and 7 - 12.


13 Contact Us


If you have any questions about these Gift Card Terms or our Gift Cards, please contact us at info@philzcoffee.com and (415) 635-2790.

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice; The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210.