Terms for Gift Cards

In addition to Aarke’s Terms for Purchase and the Privacy Policy, these terms apply between customers (hereinafter referred to as ”you”) and Aarke Inc., (hereinafter “Aarke”) to all purchases and use of the Gift Cards issued by Aarke (hereinafter “Gift Card”) at Aarke’s website or mobile website for sales in the U.S. and Canada (jointly referred to as the “Website”).

By purchasing a Gift Card or using the same as a means of payment at the Website you agree to be bound by these Terms for Gift Cards.

A Gift Card may only be purchased via the Website and such purchase is, as applicable, subject to Aarke’s Terms for Purchase and the Privacy Policy.

The Gift Card can be paid for by any of the means of payment accepted at the Website, with the exception that a Gift Card may not be paid by means of another Gift Card.

Please ensure that all information requested to be provided upon purchase of a Gift Card is correct. Aarke is not responsible if you do not receive your Gift Card or if the receipt of the Gift Card is delayed and this is due to events beyond Aarke’s control, such as deficiencies or delay in the transmission of information or data, if you have provided Aarke with incorrect information upon the purchase of the Gift Card, or if any e-mail related to the Gift Card sent by Aarke is deemed upon receipt to be spam or unwanted e-mail.

The Gift Cards is issued by Aarke. Aarke is the sole legal obligor to you; provided, however, that Aarke may assign its obligations with respect to the Gift Card at any time, in which case such assignee shall become the issuer and sole legal obligor to you. Aarke’s affiliates and related entities bear no responsibility or liability for any Gift Cards, and you hereby knowingly release Aarke’s affiliates and related entities from any and all liability or claims of any nature whatsoever arising in connection with the Gift Card. The holder of the Gift Card is responsible for the safekeeping and the use of the Gift Card. The Gift Card is not replaced or reissued in case of loss or unauthorized use thereof.

The Gift Card is only valid if purchased from the Website and may only be used for the purchase of products via the Website in the U.S. and Canada.

The Gift Card is valid for a term of 2 years from the date of purchase of the same. After such time has expired, any remaining balance of the Gift Card is not refundable and may not be exchanged for cash (except as required by law).

The Gift Card may be used as a means of payment at the Website for purchases of products (not other Gift Cards) within the U.S. and Canada. The Gift Card can be used for multiple purchases until the total amount of the Gift Card has been used up.

Where the purchase price upon purchase of products is in excess of the remaining balance of the Gift Card, the exceeding amount may be paid through any payment means accepted at the Website.

Purchases made using the Gift Card are subject to Aarke’s Terms for Purchase, but where in case of credit of a purchase of products purchased with the Gift Card, any reimbursement shall be made by Aarke by crediting the applicable sum back onto the remaining balance of the Gift Card, or where the Gift Card no longer exists, by issuing a new Gift Card.

The Gift Card may not be purchased or used for the purpose of advertising or promoting products or services marketed by any third party, unless prior written consent is given by Aarke

IN CASE OF AARKE BEING IN BREACH OF THESE TERMS AND CONDITIONS, AARKE’S LIABILITY IS LIMITED TO LOSSES THAT ARE A REASONABLY FORESEEABLE CONSEQUENCE OF SUCH BREACH. AARKE IS NEVER RESPONSIBLE FOR INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE A SIDE EFFECT OF THE MAIN LOSS OR DAMAGE, FOR EXAMPLE LOSS OF PROFITS OR LOSS OF OPPORTUNITY. AARKE IS FURTHERMORE NOT RESPONSIBLE FOR ANY LOSSES THAT ARE DUE TO AN EVENT THAT IS BEYOND AARKE’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO FIRE, FLOOD, STORM, RIOT, CIVIL DISTURBANCE, PANDEMICS, WAR, NUCLEAR ACCIDENT AND TERRORIST ACTIVITY.

AARKE’S MAXIMUM LIABILITY TO YOU FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION HEREWITH SHALL BE LIMITED TO THE TOTAL PRICE OF THE GIFT CARD.

Nothing in these terms and conditions shall exclude or limit Aarke’s liability with regard to any matter for which it would be unlawful for Aarke to limit or exclude its liability.

These terms shall be construed and enforced in accordance with the laws of the State of New York, without regard to any conflict of law provisions. The waiver of any provision of these terms shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of these terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

PLEASE READ THE SECTIONS BELOW CAREFULLY SINCE IT MAY SIGNIFICANTLY AFFECT YOUR LEGALRIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS ARBITRATION PROVISION PROVIDES THAT YOU AND AARKE WAIVE ANY RIGHT TO FILE A LAWSUIT IN COURT OR PARTICIPATE IN A CLASS ACTION FOR MATTERS WITHIN ITS TERMS.

You and Aarke agree that any dispute, whether at law or equity, arising out of or relating to these terms and the purchase or use of a Gift Card, including but not limited to the arbitrability of any dispute and the interpretation, enforceability, validity and/or the scope of these terms and conditions, shall be resolved in its entirety by individual (not classwide or collective) binding arbitration.

You and Aarke agree that any arbitration under this Agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted. You and Aarke agree that the arbitrator may award monetary, declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

You and Aarke both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages.

This agreement to arbitrate is intended to be broadly interpreted. This agreement to arbitrate extends to claims that you assert against other parties, including without limit claims against related third parties.

The parties acknowledge that this agreement evidences a transaction in interstate commerce. Not with standing the substantive law applicable to any arbitration, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

This agreement to arbitrate shall survive termination of this agreement. If it is decided that applicable law precludes enforcement of any of this arbitration agreement’s limitations as to a particular claim for relief, then that claim (and only that claim) shall be severed from the arbitration and may be brought in court. In addition, notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable.

Nothing herein shall be construed as consent by Aarke to the jurisdiction of any court with regard to claims unrelated to the use of the Gift Cards or this agreement.

In the event of any controversy, claim, action or dispute arising out of or related to these terms and the purchase or use of a Gift Card, or the breach, enforcement, interpretation, or validity of these terms or any part of them ("dispute"), the party asserting the dispute shall first try in good faith to settle such dispute by providing written notice to the other party by registered mail describing the facts and circumstances (including any relevant documentation) of the dispute, and allowing the receiving party not less than 30 days from the date of mailing to respond to the dispute. Notice sent to us shall be sent to the address stated below.

In the event that the parties are unable to resolve the dispute, the parties agree that the dispute shall be settled utilizing binding arbitration, which shall be adjudicated by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in New York before one arbitrator to be mutually agreed upon by both parties.

Aarke Inc
c/o Batch & Company PC

1150 S. Cedar Crest Blvd.
Suite 203
Allentown, PA 18103 

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