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 5 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. Notwithstanding 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 

support@aarke.com