Diners Choice Gift Card Terms & Conditions
By accepting and using Diners Choice Gift Card, You are agreeing to these Terms
and Conditions. Please read them carefully and keep a copy for Your records.
Cardholder can obtain the latest version of these Terms and Conditions and
additional information about the Diners Choice Gift Card at
http://www.virginiabeachgiftcards.com.
In these Terms and Conditions, 'You' and 'Your' means the person who has
purchased or received the Diners Choice Gift Card. 'We', 'Us' and 'Our' means
the merchant who issued the Diners Choice Gift Card, the person who fulfills
orders on the Diners Choice Gift Card, and each of their successors, affiliates
or assigns.
The Diners Choice Gift Card is not a credit card. The merchant who issued the
Diners Choice Gift Card is responsible for providing funds to load value onto
Diners Choice Gift Card. Please contact the merchant directly for customer
service issues, using the contact information on the back of Diners Choice Gift
Card.
Diners Choice Gift Card. The Diners Choice Gift Card is offered to
individuals over the age of 18 that can lawfully enter into and form contracts
under applicable law, and by using the Diners Choice Gift Card You represent and
warrant to Us that You are such an individual. We, in Our sole discretion may
refuse to issue a Diners Choice Gift Card for any reason. The card is valid only
from January 2, 2010 until May 25, 2010. Other restrictions apply.
The amount of funds shown on the records of the merchant or fulfillment center
shall be two times the purchase price of the Diners Choice Gift Card until
December 31, 2009 up to an amount no greater than $50.00 per card for a card
value of no more than $100.00 per card. The Diners Choice Gift Cards balance
shall reflect the amount of funds as the balance on the Diners Choice Gift Card
until May 25, 2010 when the Diners Choice Gift Card will Expire. No cash value
will be given for unused portions of the Diners Choice Gift Card after May 25,
2010.
Card Access. The Diners Choice Gift Card is a prepaid Gift Card that can
be used for purchases at any of the Professional Hospitality Resources
restaurants and bars in the Virginia Beach, Virginia area. For a complete
listing of these restaurants please go to www.dineonthebeach.com. You understand
that some of these restaurants are open seasonally at the discretion of the
merchant. Purchases & Charges that Diners Choice Card may be used for are:
- Food & Beverage during non holiday, special event & special promotional
times
- Purchases & Charges that Diners Choice Card may not be used for are:
- Alcohol only purchases
- Taxes
- Gratuity
- Food & Beverage promotions, Holiday time periods and Special Events and high
occupancy time periods
- Catering or Meeting Events
- Multiple Diners Choice Cards cannot be combined for more than $500 per
customer
The Diners Club Gift Card may not be used to make purchases from other
merchants, to obtain cash from automated teller machines (ATMs) or for any other
type of purchase or cash advance. There is no cash value outside of PHR Food &
Beverage Outlets.
Card Limitations. You must have sufficient, available funds to pay for
all Diners Choice Gift Card transactions. If the purchase amount is greater than
the available funds, the difference may be paid for with cash, check or credit
or debit Card, subject to the policy of the merchant. In no event may the card
be used to cover taxes and gratuities. If the merchant attempts to process the
Diners Choice Gift Card for more than the available funds, the transaction will
be declined. If Your Card balance is zero or becomes zero the Card will be
terminated. You may confirm Your available balance online by going to
www.dineonthebeach.com . You may only use Your Card in the manner and for the
purposes described in these Terms and Conditions. Your Diners Choice Gift Card
may not be used for illegal transactions or for any type of pre-authorized
transactions such as recurring monthly payments, dues or fees, special
promotions or during holiday seasons.
Disclosure of Information to Third Parties. We will disclose information
to third parties about Your Card or a transaction that You make: where it is
necessary for completing the transaction; in connection with examinations by any
taxing or other regulatory authorities; for analytical purposes; if You give Us
written permission; and as otherwise permitted by law or our Privacy Policy.
Disputes with Merchants. You agree to make a good faith effort to settle
all disputes about purchases You make using Your Card with the merchant who accepted
the Card.
Lost and Stolen Cards. We are not responsible for lost or stolen Diners
Choice Gift Cards. Treat Diners Choice Gift Card like cash, because lost or
stolen Diners Choice Gift Cards will not be replaced.
Disclaimer of Liability. In providing the Diners Choice Gift Card services to
You, We disclaim any duty or responsibility other than those expressly set forth
in these Terms and Conditions. The issuer is not liable expressly for the
following:
- If through no fault of ours, cardholder does not have enough money on the
Diners Choice Gift Card to cover the transaction; or
- If the transaction would exceed the cardholder’s available funds; or
- If the transaction is to cover only Alchohol purchases, Taxes and
Gratuities
- If the terminal or system was not working properly; or
- If circumstances beyond Our control prevent the transaction, despite
reasonable precautions that We may have taken; or
- If there are other exceptions stated in these Terms and Conditions or
provided by law.
Termination. The Diners Choice Gift Card shall remain Our property. We
may, at any time and without prior notice, cancel Your Diners Choice Gift Card
and have You return the Diners Choice Gift Card to Us. You may terminate Your
Diners Choice Gift Card by returning the Diners Choice Gift Card to Us. However,
the purchase price paid for the Diners Choice Gift Card may be non-refundable.
Termination of the Diners Choice Gift Card will not affect prior transactions or
obligations existing at the time of termination, and may not entitle You to any
refund. Diners Choice Gift Cards may be non-refundable.
Amendment. We may amend these Terms and Conditions at any time in Our
sole discretion by posting a revised copy on
http://www.virginiabeachgiftcards.com at least 30 days prior to the effective
date of any amendment that results in an increased fee or charge, an increase in
Your liability, a reduction in Card services, or stricter transaction or
purchase limitations.
Severability/No Waiver. If any provision of these Terms and Conditions
shall be deemed unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from these Terms and Conditions and shall
not affect the validity and enforceability of any remaining provisions. Our
failure to enforce the strict performance of any provision of these Terms and
Conditions will not constitute a waiver of Our right to subsequently enforce
such provision or any other provision of these Terms and Conditions.
Governing Law. These Terms and Conditions, the Diners Choice Gift Card
and all transactions hereunder are subject to the laws of the State of Virginia.
Arbitration. Any dispute, controversy or claim arising out of or
relating to the Diners Choice Gift Card, these Terms and Conditions or the
provision of services shall be settled by binding arbitration before a retired
judge in accordance with the commercial arbitration rules of JAMS in Santa
Monica, California. The prevailing party shall be awarded their arbitration and
attorney fees, costs and expenses to the maximum extent permissible. Judgment on
the arbitration award may be entered in any court having jurisdiction thereof.
Either You or We may seek any interim or preliminary relief from the court of
competent jurisdiction in the City and County of Virginia Beach necessary to
protect the rights of property of You or Us (or Our agents suppliers, and
subcontractors) pending the completion of the arbitration.
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