Gift Card Terms and Conditions
The following terms and conditions (the “Agreement”) apply to any Freebirds gift card originally purchased by you or someone on your behalf (the “Card”) at any participating Freebirds location. Cards are issued by Tavistock Freebirds, LLC (referred to hereinafter as either “Freebirds”, “we”, “us” or “our”). By purchasing a Card, accepting and retaining a Card, or using a Card, you agree to these terms and conditions. We further reserve the right to change, amend or terminate the format, elements, and terms and conditions of the Card program at any time with or without notice in our sole discretion; you agree to such changed or amended terms and conditions when posted.
- Use of the Card. The Card may only be used to purchase food and beverages at participating Freebirds locations in the 50 United States and the District of Columbia. The Card should not be used at any other location. If you attempt to use the Card at a non-participating location, your purchase will be declined. The Card is not a credit card and cannot be used as one.
- Refunds. Refunds are available for unused Gift Cards returned with the original receipt within 15 days following purchase.
- Redemptions. Use of the Card is limited to the amount of funds held on the Card. The full amount of each purchase, including taxes, will be deducted from the funds held on the Card, up to the total funds available on the Card. If you make a purchase and there are insufficient funds held on the Card to cover that purchase, you must pay the difference by credit card, debit card, check, or cash. The Card may not be redeemed for cash except where required by law.
- Restrictions. Resale of this Card or use for unauthorized advertising, marketing, sweepstakes or other promotional purposes is strictly prohibited. Your right to use the funds on the Card is a limited right, subject to the terms and conditions of the Agreement and applicable law. We are not responsible for pricing, typographical, or other errors in any offer and reserve the right to cancel any orders resulting from such errors.
- Expiration Date/Service Charges. The Card expires five (5) years from the date of issuance or as permitted by applicable law. There are no service charges or dormancy fees.
- Balance. The balance on the Card can be obtained at any participating Freebirds location upon request. Card must be presented to obtain balance.
- Promotional Cards. These terms and conditions do not apply to gift cards or other stored value cards that are given away free with a purchase, or distributed as a reward, incentive, or as part of a marketing, promotional or customer loyalty program. (“Promotional Cards”). Promotional Cards may have expiration dates to the extent permitted by applicable law.
- Governing Law/Arbitration. The laws of the State of Texas govern the Card and the terms and conditions of this Agreement, without regard to choice of law principles.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement or the purchase or use of the Cards SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES THEN IN EFFECT. The arbitration shall take place before one (1) neutral arbitrator in the city of the principal place of business of Tavistock Freebirds, LLC.
The arbitration will be limited solely to the dispute or controversy between you and Freebirds. NEITHER YOU NOR FREEBIRDS SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual (non-class) nature of this dispute provision goes to the essence of the parties’ arbitration agreement, and if found unenforceable, the entire arbitration provision shall not be enforced. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. §§ 1-16. Freebirds will pay for the arbitrator’s fees if the total amount of such fees exceeds the filing fee for filing a claim in a small claims court.
Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
- Property Rights. The consideration paid for the Card, including any unredeemed balances, is the property of Freebirds.
- Severability. If any one or more of the covenants, agreements, provisions or terms of this Agreement shall be for any reason whatsoever held invalid, then such covenants, agreements, provisions or terms shall be deemed severable from the remaining covenants, agreements, provisions or terms of this Agreement and shall in no way affect the validity or enforceability of the other provisions of this Agreement.
- Entire Agreement. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement.