1.1 By buying, accessing, sending, creating, redeeming, or attempting to redeem any Plus Pay Gift Card or otherwise using the Plus Pay Gift Cards (“Gift Card Services”), you acknowledge and agree that you will be bound by and will comply with these Terms (“Gift Card Terms”), as updated and amended from time to time and that you have read and understood these Gift Card Terms, together with any additional documents or terms referred to or incorporated into these Gift Card Terms. If you do not understand and accept these Gift Card Terms in their entirety, you should not use the Gift Card Services.
1.2. These Gift Card Terms are supplemental to and shall be read together with the Plus Pay Terms and Conditions available here: https://pluspay.one/terms.html (“Terms and Conditions”) and the provisions set out in the Terms and Conditions shall continue to apply. All terms and clauses contained in the Terms and Conditions (except to the extent expressly modified herein) are incorporated by reference and have the same force and effect as if set out in their entirety in these Gift Card Terms. These Gift Card Terms constitute Service Terms. References in the Terms and Conditions to the Services shall include references to the Plus Pay Gift Card services contemplated hereunder. In the event of any conflict or inconsistency between these Gift Card Terms and the Terms and Conditions, these Gift Card Terms shall prevail with respect to the services contemplated hereunder, unless expressly stated otherwise.
1.3. Plus Pay may make changes to these Gift Card Terms (or any terms or information incorporated by reference) at any time in accordance with the Terms and Conditions.
1.4. Please carefully review these Gift Card Terms and the Plus Pay Terms and Conditions before purchasing Plus Pay Gift Cards or using the Gift Card Services.
2.1. Plus Pay Gift Cards have an expiry date of 12 months from the date of purchase, after such time they will be invalid, and any remaining balance will be forfeited. It is your responsibility to ensure that any balance is redeemed before expiry.
3.1. When you redeem a Plus Pay Gift Card, the full-face value will automatically be added to your Plus Pay Account (“Plus Pay Account Balance”). To view your Plus Pay Account Balance, access your Plus Pay Account.
3.2. Under no circumstances can the Plus Pay Gift Cards be topped up or reloaded with additional value.
3.3. No refunds are permitted with respect to Plus Pay Gift Cards.
3.4. We reserve the right to correct the balance of your Plus Pay Gift Card if we believe that a clerical or accounting error has occurred and we will use reasonable commercial efforts to notify you in advance.
3.5. Plus Pay Gift Cards are not legal tender, account cards, credit or debit cards, securities or financial products. You cannot obtain any cash advance with your Plus Pay Gift Card, redeem your Plus Pay Gift Card for cash, or receive any portion of your Plus Pay Gift Card for cash.
4.1. There are certain restrictions in connection with the use of Plus Pay Gift Cards. If you engage in these activities without our prior written consent, we may prevent you from claiming or redeeming the Plus Pay Gift Cards. You must not, without our prior written consent:
4.1.1. Sell or exchange the Plus Pay Gift Cards for cash, Digital Assets or for any other payment-related instrument.
4.1.2. Give or receive the Plus Pay Gift Cards as payment for goods or services.
4.2. The list of restricted or prohibited activities above is not intended to be a complete or exhaustive list of all restricted or prohibited activities. Engaging in any activity that, in our sole and absolute discretion, disrupts, or is harmful to us, our affiliates, our users, our reputation, goodwill, business, or operations is prohibited. Engaging in any restricted or prohibited activities or using the Plus Pay Gift Cards in violation of these Gift Card Terms may result in our acting against you, including, but not limited to, preventing you from claiming or redeeming the Plus Pay Gift Cards consistent with these Gift Card Terms.
4.3. Plus Pay Gift Cards may not be available in certain countries. For a list of countries that Plus Pay Gift Cards are not available in, please refer to our website and the Plus Pay Terms and Conditions, which may be updated from time to time.
4.4. We reserve the right to void any Plus Pay Gift Card if we reasonably believe that its use is unauthorized, fraudulent, or otherwise unlawful. Plus Pay has no liability to you for any third-party fraud or unlawful activity associated with any Plus Pay Gift Cards. If Plus Pay discovers any Plus Pay Gift Card was sourced or derived from fraudulent or other unlawful means, we may in our sole and absolute discretion, void all impacted Plus Pay Gift Cards at any time and without notice to you.
4.5. Plus Pay Gift Cards are closed loop gift cards and can only be redeemed in accordance with these Gift Card Terms and the Plus Pay Terms and Conditions.
4.6. By accepting these Gift Card Terms, you hereby unconditionally and irrevocably confirm that you understand and accept all associated risks with your use of Gift Card Services. We are not responsible in any way for any Plus Pay Gift Cards that are lost, stolen, or destroyed, or if your Plus Pay Gift Cards are used without your permission.
5.1. By using Gift Card Services, you agree to comply with these Gift Card Terms, and not to use the Plus Pay Gift Cards in any manner that is misleading, deceptive, unfair, or otherwise harmful to Plus Pay, its affiliates, or its users.
5.2. Plus Pay Gift Cards are not for resale and void if copied, resold, or otherwise obtained or used in violation of these Gift Card Terms.
5.3. We reserve the right, without notice to you, to void the Plus Pay Gift Cards (including as a component of your Plus Pay Account Balance) without a refund, suspend or terminate your Plus Pay Account, suspend or terminate the ability to use our services, if we suspect that the Plus Pay Gift Cards are created, obtained, used, attempted to be used, or applied to a Plus Pay Account fraudulently, unlawfully, or otherwise in violation of these Gift Card Terms.
6.1. NEITHER PLUS PAY NOR ANY PLUS PAY AFFILIATE OR BUSINESS PARTNER WILL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY LOSS SUFFERED BY YOU OR ANY THIRD PARTY, EXCEPT TO THE EXTENT THAT SUCH LOSS ARISES SOLELY AND DIRECTLY AS A RESULT OF THE GROSS NEGLIGENCE, WILFUL MISCONDUCT, ACTUAL FRAUD OR MATERIAL AND CONTINUING BREACH OF OBLIGATION UNDER THESE GIFT CARD TERMS BY PLUS PAY OR A PLUS PAY AFFILIATE OR BUSINESS PARTNER. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PLUS PAY GIFT CARDS OR YOUR PLUS PAY ACCOUNT BALANCE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT PREJUDICE TO THE FOREGOING, IN THE EVENT THE PLUS PAY GIFT CARDS ARE NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT PLUS PAY GIFT CARD AND IN NO EVENT WILL THE LIABILITY OF PLUS PAY AND ALL PLUS PAY AFFILIATES OR BUSINESS PARTNERS IN AGGREGATE EXCEED THE LAST BALANCE HELD ON YOUR PLUS PAY GIFT CARD. SUCH SUM SHALL BE PAID BY PLUS PAY TO YOU IN FULL AND FINAL SETTLEMENT AND SATISFACTION OF PLUS PAY’S AND ANY PLUS PAY AFFILIATE’S OR BUSINESS PARTNER’S ENTIRE LIABILITY FOR ANY AND ALL LOSSES AND CLAIMS, HOWSOEVER ARISING, FROM THE RELEVANT EVENTS. YOU ACKNOWLEDGE AND AGREE THAT NEITHER PLUS PAY NOR ANY PLUS PAY AFFILIATE OR BUSINESS PARTNER IS AWARE OF ANY SPECIAL CIRCUMSTANCES PERTAINING TO YOU, AND THAT DAMAGES ARE AN ADEQUATE REMEDY AND THAT YOU SHALL NOT BE ENTITLED TO ANY OTHER CLAIMS OR REMEDIES AT LAW OR IN EQUITY, INCLUDING BUT NOT LIMITED TO, ANY CLAIM IN REM, INJUNCTION, AND/OR SPECIFIC PERFORMANCE.