GIFT CARD TERMS & CONDITIONS
By using your Wicked Greenz Gift Card and/or the Wicked Greenz Gift Card website located at www.wickedgreenz.com/giftcard (the “Website”), you agree to the following terms and conditions regarding the use of the card and the Website (the “Terms and Conditions”). These Terms and Conditions are in addition to the terms and conditions for the www.wickedgreenz.com website found at www.wickedgreenz.com/terms-and-privacy/ and such terms and conditions are incorporated herein. To the extent there is any conflict between the terms and conditions for the www.wickedgreenz.com website and these Terms and Conditions, these Terms and Conditions will prevail. We may change these Terms and Conditions from time to time and all changes are effective upon posting to the Website without notice to you. You are responsible for reviewing these Terms and Conditions regularly. Your continued use of the Wicked Greenz Gift Card and/or this Website constitutes your acceptance of these Terms and Conditions, including any changes made to them in the future.
The Wicked Greenz Gift Card may only be used (1) for making purchases at participating Wicked Greenz restaurants in the United States (“Participating Restaurant(s)”), (2) for delivery orders by telephone from Participating Restaurants, or (3) purchases online at www.wickedgreenz.com. The Wicked Greenz Gift Card is VOID WHERE PROHIBITED. Wicked Greenz Gift Cards will only be sold in and from the United States through Participating Restaurants and the Website. All sales of Wicked Greenz Gift Cards are final. No refunds will be provided for the purchase of any Wicked Greenz Gift Cards. Wicked Greenz Gift Cards will not be shipped to destinations outside of the United States. The Wicked Greenz Gift Card may not be resold by any unauthorized party under penalty of law; unlawful resale or attempted resale in violation of these Terms and Conditions is grounds for seizure and cancellation of the Wicked Greenz Gift Cards without compensation, in addition to other legal remedies. Wicked Greenz Gift Cards obtained through unauthorized channels will be considered void, and no refunds or reimbursements will be offered.
The Wicked Greenz Gift Card does not expire and no fees will be charged after purchase of the card. You can reload your Wicked Greenz Gift Card at any time at any Participating Restaurant. The online purchase of the Wicked Greenz Gift Card may be subject to additional costs, such as shipping and handling, as specified on the Website. Protect the Wicked Greenz Gift Card as you would cash. The Wicked Greenz Gift Card may be damaged, including by excess heat and magnetic fields. Pangea Fast Casual, LLC (“Pangea”),is not responsible for lost, stolen or damaged cards. The value of a Wicked Greenz Gift Card will not be replaced for lost, stolen or damaged cards.
Present the Wicked Greenz Gift Card to the cashier at any Participating Restaurant at the time of purchase, use your Wicked Greenz Gift Card for any delivery order by telephone with a Participating Restaurant by notifying the Participating Restaurant at the time you place your order, or use your Wicked Greenz Gift Card for purchases through www.wickedgreenz.com, and any available balance on the card, up to the full amount of your purchase, will be applied toward your purchase. The Wicked Greenz Gift Card may not be used for purchase of other gift cards or gift certificates. The Wicked Greenz Gift Card cannot be redeemed for cash, except where required by law.
Pangea may terminate the issuance of Wicked Greenz Gift Cards and/or its operation of the Website at any time, with or without notice to you. Any such termination will not affect the value of any Wicked Greenz Gift Cards then outstanding. Notwithstanding the preceding sentence, the Wicked Greenz Gift Card cannot be redeemed for cash, except where required by law.
We reserve the right to correct your Wicked Greenz Gift Card account if we believe that a clerical, billing, or accounting error occurred. You can check the balance of your card at Participating Restaurants or online at the Website.
Pangea and its service providers are not responsible for any: (a) telephone, computer, hardware, software, programming malfunction or interrupted or unavailable network, server or other connections, network malfunction, communication disruption or other technical or non-technical failures, errors or malfunctions; or (b) other forces beyond the reasonable control of Pangea, including inability to access the Website or other disruption related to Internet traffic, virus, bug, or unauthorized intervention. Such failures may temporarily affect your ability to use your Wicked Greenz Gift Card online, or at Participating Restaurants, and Pangea shall not have any liability for any such temporary interruptions.
You accept all responsibility for, and hereby agree to indemnify and hold harmless Pangea and its officers, directors, employees, shareholders, members, agents, successors, assigns and service providers, from and against any claims that may arise from actions taken by you or for any unauthorized access to or use or misuse of your Wicked Greenz Gift Card or the Website.
Any and all disputes, claims, and causes of action arising out of or connected with the Wicked Greenz Gift Card and/or the Website shall be resolved individually, without resort to any form of class or representative action; and, exclusively by binding arbitration under the then-prevailing Commercial Arbitration Rules of the American Arbitration Association (“AAA”). Any such arbitration shall take place in St. Louis, Missouri before a panel of three neutral arbitrators selected in accordance with the procedures of the AAA.
IN NO EVENT SHALL PANGEA BE LIABLE FOR INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE ISSUANCE OR RELOADING OF A WICKED GREENZ GIFT CARD, OR THE USE OF THE WICKED GREENZ GIFT CARD OR THE WEBSITE, EVEN IF PANGEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PANGEA’S’ AGGREGATE LIABILITY ARISING OUT OF OR BASED UPON THIS AGREEMENT REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, INCLUDING WITHOUT LIMITATION, ANY ACTION IN TORT OR CONTRACT, EXCEED THE AMOUNT PAID BY YOU FOR THE WICKED GREENZ GIFT CARD FOR THE ORIGINAL PURCHASE OR, IF RELOADED, THE MOST RECENT RELOADED AMOUNT. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified only to the extent necessary to make it enforceable, or if the foregoing is not possible, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.