SPANX GIFT CARD, STORE CREDIT & PROMOTIONAL CARD UNITED STATES AND CANADIAN TERMS AND CONDITIONS
Updated date: March 15, 2024
The following SPANX Gift Card, Store Credit & Promotional Card Terms and Conditions (“Agreement”) describes the terms and conditions that apply to the use of SPANX-branded gift cards, store credits and promotional/loyalty/incentive/rewards cards issued in either the United States or Canada (collectively, “Cards”). This Agreement is between you, (the “Cardholder”), and Spanx Canada, Inc. (“Issuer”). By purchasing, accepting, or using your Card, you agree to be bound by this Agreement. If you do not agree with this Agreement, do not purchase, use, or accept the Card. IMPORTANT: If you are located in the United States, this Agreement includes resolution of disputes by arbitration on an individual basis instead of in court.
1. About Your Card.
The Cards are issued by Issuer. Issuer is responsible for the operation and maintenance of the Card program. Issuer is the sole legal obligor to the Cardholder; provided, however, that Issuer may assign its obligations with respect to the Card at any time, in which case such assignee shall become the Issuer and sole legal obligor to the Cardholder. Issuer’s affiliates and related entities (including but not limited to Spanx, LLC) bear no responsibility or liability for any Cards, and you hereby knowingly release Issuer’s affiliates and related entities from any and all liability or claims of any nature whatsoever arising in connection with the Cards. Cards (other than store credits and promotional/loyalty/incentive/rewards cards) can be purchased at www.spanx.com or www.spanx.ca. Store credits may be issued in exchange for returned merchandise, to the extent provided by SPANX’s return policy. Cards may be issued in either electronic or physical form, in the discretion of Issuer.
2. Currency Denomination.
Cards are denominated in U.S. Dollars if acquired through www.spanx.com and are denominated in Canadian Dollars if acquired through www.spanx.ca.
3. Not for Resale.
Cards cannot be resold (or sold, in the case of store credits or promotional/loyalty/incentive/rewards Cards). Cards are valid only if obtained through www.spanx.com or www.spanx.ca. Cards are not valid and will not be honoured, and Issuer will not be liable, if obtained from unauthorized sellers or resellers, including through Internet auction sites.
4. Balance Inquiry.
For balance inquiry, please visit https://spanx.ca/pages/check-gift-card-balance/ for www.spanx.ca customers and https://spanx.com/pages/check-gift-card-balance/ for www.spanx.com customers, call 1-888-806-7311 Note that the balance you receive when inquiring over the telephone is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the balance adjustment is delayed.
5. Expiration/Deactivation.
If permitted by applicable law, promotional/loyalty/incentive/rewards Cards may expire; please see the specific terms for the Card itself for the expiration date, if any. All other Cards, including gift cards and store credits, do not expire. No fees for inactivity or service fees apply. Issuer reserves the right to refuse to honour any Card in the event of a disputed credit card charge or other failure of consideration.
6. Redemption
Cards are redeemable only for purchases of goods or services at www.spanx.com or www.spanx.ca. Cards must be redeemed on the website on which they were purchased; cards purchased on www.spanx.com cannot be redeemed on www.spanx.ca and cards purchased on www.spanx.ca cannot be redeemed on www.spanx.com. Cards cannot be used at SPANX airport or other locations. Cards are not debit or credit cards. Cards have no cash value and may not be exchanged or redeemed for cash (except as required by law). Cards are not redeemable to purchase another Card or towards previously purchased goods or services.
7. Reloads.
Cards (other than promotional/loyalty/incentive/rewards cards) may be reloaded with additional value in the discretion of Issuer.
8. No Refunds.
No refunds are permitted with respect to the purchase of Cards.
9. Transfers.
Gift cards are transferable. Store credits and promotional/loyalty/incentive/rewards cards are non-transferable.
10. Lost, Damaged or Stolen Card; Cards Used Without Authorization.
The value of any lost, damaged or stolen Cards, or any Cards used without authorization, will not be replaced or replenished. The value replaced will be equal to the remaining balance on the Card at the time of replacement.
11. This section 11 only applies to Cardholders located in the United States.
Mandatory Binding Individual Arbitration. Please read this section carefully. It affects legal rights that you may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court.
Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in this Agreement.
In this Section, the term "related third parties" includes your and Issuer’s respective affiliates, subsidiaries, parent companies, predecessors, successors, assigns, as well as your, Issuer’s, and these entities' respective employees and agents.
ARBITRATION AGREEMENT, CLASS ACTION WAIVER, PUNITIVE DAMAGES WAIVER
You and Issuer agree that any and all claims or disputes, whether at law or equity, that have arisen or may arise regarding the Cards or relating to this Agreement, the previous version(s) of this Agreement or your use of the Cards, including disputes involving related third parties, regardless of the date of accrual of such dispute, including but not limited to the arbitrability of any dispute and the interpretation, enforceability, validity and/or the scope of this arbitration agreement, federal and state statutory claims, common law claims, and those based on contract, tort, fraud, misrepresentation or any other legal theory, shall be exclusively resolved in its entirety by individual (not class-wide or collective) final and binding arbitration, except that you or Issuer may take claims to small claims court if they qualify for hearing by such a court.
You and Issuer 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 Issuer 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 Issuer 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, including without limitation Spanx, LLC.
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.
You and Issuer agree that if Issuer makes any amendment to this Arbitration Agreement in the future, that amendment shall not apply to any claim that was filed in a legal proceeding between you and Issuer (and any related third parties) prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Arbitration Agreement that have arisen or may arise between you and Issuer (or related third parties).
Nothing herein shall be construed as consent by Issuer to the jurisdiction of any court with regard to claims unrelated to the use of the Cards, previous versions of this Agreement, or this Agreement.
ARBITRATION PROCEDURES
The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To begin an arbitration proceeding, you must serve Issuer’s registered agent for service of process, Spanx Canada, Inc., 100 King Street West, 1 First Canadian Place, Suite 6200, Toronto, Ontario M5X 1B8.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Issuer will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Issuer will reimburse you for the $25 fee if the arbitrator rules in your favor. Reasonable attorneys’ fees and expenses will be awarded only to the extent such allocation or award is available under applicable law.
Any arbitration will take place in or near the county where claimant resides and will be determined by a single arbitrator; provided, however, that upon request by either party, the arbitration shall be conducted via telephone or videographically to the extent permitted by the JAMS Rules. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief).
Judgment on the award may be entered in any court of competent jurisdiction.
12. Limitation of Liability.
(IF YOU ARE A QUEBEC RESIDENT, THIS LIMITATION OF LIABILITY DOES NOT APPLY.)
ISSUER AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD. CERTAIN STATE, PROVINCIAL, AND TERRITORIAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
13. Governing Law. For all Cardholders (EXCLUDING THOSE RESIDING IN QUEBEC):
The Cardholder acknowledges and agrees that the issuance, purchase, and use of this Card is governed by the laws of the province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any other jurisdiction. As applicable, you hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in the City of Toronto in relation to all disputes arising from or related to these Terms and Conditions, and any related matters.
14. THIS PROVISION APPLIES ONLY IF YOU RESIDE IN THE PROVINCE OF QUEBEC:
If you are a consumer residing in Quebec, these Terms and Conditions are governed by and construed in accordance with the laws of the province of Quebec and the federal laws of Canada applicable therein and your purchase, receipt, and/or redemption of a Gift Card is subject to the laws of the province of Quebec and the federal laws of Canada applicable therein.
15. Severance.
Notwithstanding anything herein to the contrary, if any part of this Agreement is deemed invalid or inapplicable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. If such provision cannot be so modified or restricted, it shall be excised from this Agreement without affecting the validity, legality, or enforceability of the remainder of this Agreement, which shall be fully enforced.
16. Changes to Agreement.
This Agreement is, to the fullest extent permitted by applicable law, subject to change at any time and from time to time without notice. Any such change will be effective immediately upon posting the amended Agreement or other information to www.spanx.com/pages/gift-card-terms-conditions/ for customers of www.spanx.com and www.spanx.ca/pages/gift-card-terms-conditions/ for customers of www.spanx.ca. To the fullest extent permitted by applicable law, you waive any right you may have to receive individual notice of any such amendment.
Unless prohibited by applicable law, your continued use of a Card following an amendment constitutes your full acceptance of, and agreement to be legally bound by, the revised Agreement. Only where required by applicable law or at Issuer’s sole discretion, Issuer will provide notice of amendment to this Agreement, as set out below.
Changes made to this Agreement may be in respect of: (i) purchasing and redeeming Cards; (ii) limitations on Card use (iii) risk of loss or fraud; (iv) limitation of liability; (v) resolution of, or any claim related to, disputes; or (vi) the general terms including modifications, governing law and jurisdiction, and definitions or terms used in this Agreement. Where required by applicable law or at the Issuer’s discretion: Issuer will provide written notice of a proposed amendment to this Agreement at least 30 days (or such longer period as may be required by applicable law) before the amendment comes into effect, using your email address, mailing address, or any other contact information available. If you do not agree with a proposed amendment, you may cancel a Card purchase before it is delivered to the recipient or request to return an issued Card for a refund of the remaining balance, at no cost or penalty, by sending a notice to that effect to Spanx Canada, Inc., 100 King Street West, 1 First Canadian Place, Suite 6200, Toronto, Ontario M5X 1B8: (a) at any time in the 30 day period before the amendment takes effect; or, (b) if the amendment increases your obligations or decreases Issuer obligations under these Terms and Conditions, no later than 30 days after the amendment comes into effect.
17. Fraud.
Issuer and its affiliates reserve the right to refuse to honour a Card where Issuer suspects that the Card was obtained fraudulently.
18. Language.
You hereby acknowledge and confirm that: (i) a French version of this Agreement was presented to you; (ii) you have read the French version of this Agreement; and (iii) this Agreement and all related documents have been drafted in the English language and your express request. Vous reconnaissez et confirmez par les présentes que (i) la version française des présentes modalités vous a été transmise, (ii) vous en avez pris connaissance, et (iii) les présentes modalités ainsi que tous documents s’y rattachant ont été rédigés en langue anglaise à votre demande expresse.