GIFT CARD TERMS AND CONDITIONS
- No Expiration Date or Fees. The Card has no expiration date or service fees.
- Participating Locations, Use of Card and Available Balance. You may use the Card at participating locations of Merchant to purchase goods or services other than gift certificates, gift cards, or prepaid cards. You must present the Card at the time of purchase. The purchase amount will be deducted from the available value remaining on the Card. If the purchase amount exceeds the available value on the Card, you must pay for the balance of the purchase amount at the time of purchase. For available Card balance and transaction history go to: http://mps.bz/.
- Card Registration. To register your Card, visit http://mps.bz/. Select the ‘Register Your Card’ link and follow the instructions. You will be required to set up a Card PIN and answer a security question. Please update your registration immediately if you change any of your registration information.
- Reloading Cards. You may reload your Card at participating Chin Chin locations.
- Reload limitations and Rules. The minimum reload amount for any single transaction is $5.00. The maximum reload amount for any single transaction is $500.00. There is limit of two (2) reloads in any twenty-four (24) hour period. The maximum Card balance at any time is $500.00. Merchant may change the minimum and maximum reload amounts, the maximum Card balance or any other reload features or limits at any time. You are responsible for checking these Terms and Conditions and/or the reload web pages (as applicable) to determine if any changes have been made.
- Non-Returnable. Card is not returnable or refundable for cash, except where required by law.
- No Liability; Lost, Stolen, or Damaged Cards. Protect the Card like cash. Neither Merchant nor Mercury is responsible for lost, stolen, or damaged Cards or unauthorized use. If your Card is lost or stolen, immediately contact Merchant or report it on-line at http://mps.bz/. Your Card will be cancelled and a new Card may be issued with the remaining balance. Lost or stolen Cards cannot be replaced at the participating Merchant place of purchase location without an original receipt or on-line without a Card PIN number provided and the e-mail address used when you register your Card (see above Section 3, Card Registration, for how to register your Card and registration benefits). Lost or stolen Cards reported on the http://mps.bz/ site will be deactivated and a new Card will be e-mailed to you with any remaining Card balance. You are solely responsible for keeping the PIN for your on-line Card registration safe and for activity conducted within http://mps.bz/.
- Compliance with Laws. By purchasing or using the Cards, you are certifying and representing to Merchant and Mercury that the activities in connection with which the Cards will be used will comply with these Terms and Conditions and all applicable laws, rules and regulations and that the Cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers or Merchant. In addition, you agree to defend and indemnify Merchant and Mercury and their respective subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the Cards or violation of any of these Terms and Conditions or any applicable law, rule, or regulation.
- No Warranty of Availability or Uninterrupted Use. From time to time, the Card system may be inoperative, and, when this happens, you may be unable to obtain information about your available Card balance or transaction history or use your Card to pay for purchases. Please notify Merchant if you have any problems using your Card. You agree that Merchant, Mercury, and any third-party service providers or administrators for the Card shall not be responsible for any interruption of service.
- No Warranty Regarding Goods and Services. Merchant, Mercury, and any third-party service providers or administrators for the Card are not responsible for the quality, safety, legality, or any other aspect of any goods or services purchased with the Card.
- Mercury StoreCard Features. Your Card may contain certain Mercury StoreCard features provided by Merchant and administered by Mercury and other third-party service providers. For a list of the features that apply to your Card visit http://mps.bz/. Where such features are available, select ‘Cash Back Rewards’, ‘Mobile Card’, ‘Reload’, and ‘Card Studio’ on the StoreCard Manager home page at http://mps.bz/ for additional terms, conditions, and restrictions that may apply. These Mercury StoreCard features may be modified, expanded, restricted, suspended, or terminated at any time.a. Cash Back Rewards. The Cash Back Rewards feature permits you to earn rewards in an amount equal to a certain percentage of the total purchase amount paid using your Card, subject to certain restrictions. You may view the applicable percentage and restrictions at http://mps.bz/. The value of the rewards will be loaded to your Card. You may view the rewards loaded to your Card by selecting the ‘Transaction’ page at http://mps.bz/.b. Mobile Card. The Mobile Card feature permits you to convert a Card that is a plastic Card or eGift Card into a mobile Card at http://mps.bz/. A mobile Card requires the Passbook application for iPhones or the PassMarket™ application for many Android devices. Passbook is an application owned by Apple Inc. and PassMarket is an application owned by iMobile3. You may have to agree to separate terms as a condition for the download and use of these applications. In order to use your mobile Card, it must appear on the screen of your mobile phone. Your mobile Card will either be scanned or the mobile Card number will be manually entered at the point of sale device of the participating Merchant to process the transaction.c. Reload. The Reload feature permits you to make one-time or recurring reloads on-line by following the instructions below. In order to reload your Card on-line, you will need to provide information for the debit card or credit card to be used to pay for the reload. You will need to specify the amount of the reload and, for recurring reloads, the interval of time between reloads. You can change your recurring reload preferences or suspend or cancel recurring reloads at any time on the Reload page. If
(i) the debit card or credit card to be used to pay for any reload has expired or has been cancelled, (ii) the debit card to be used to pay for any reload has insufficient funds, or (iii) the amount of the reload would exceed the available credit limit on the credit card to be used, you will not be able to reload your Card on-line.You will be sent an e-mail notifying you of any successful or unsuccessful reload. It is your responsibility to provide an accurate e-mail address associated with your Card and update it as applicable. Neither Merchant nor Mercury is responsible for your failure to receive any e-mail notifications. Merchant may cancel or suspend your ability to use the Reload feature at any time in its sole discretion.To reload your Card using Reload feature, follow these steps:i. Go to http://mps.bz/, which will bring you to the log-in page
ii. At the log-in page, enter the Card number printed on the front of your Card and the security code printed on the back of your Card and select ‘Enter,’ which will transfer you to the StoreCard Manager homepage
iii. Select the ‘Reload’ link on the StoreCard Manager homepage, which will transfer you to the ‘Reload’ page
iv. Follow the instructions on the “Reload” page for a single reload or recurring reloads.
d. Card Studio. The Card Studio feature permits you to purchase and send plastic Cards via mail or eGift Cards via e-mail to recipients by accessing the Card Studio order page by selecting “Get Started Now” on the http://mps.bz/ website. You may select from a gallery of predesigned Cards or design a Card (including by uploading photos). You may choose the amount of the Card from a minimum of $5.00 to a maximum of $500.00. You will need to provide the mailing address for the recipient of any plastic Card or the e-mail address for the recipient of an eGift Card. An e-mail will be sent to the recipient of an eGift Card notifying the recipient that you have sent the recipient an eGift Card. The recipient may either print the eGift Card and present it at a participating location of the Merchant or, if available, convert it to a mobile Card using the Mobile Card feature. You will be sent an e-mail notifying you when the eGift Card has been sent to the recipient.
- Class Action Waiver. You waive trial by jury with respect to any litigation arising out of or relating to these Terms and Conditions or your purchase or use of the Card. You agree that any and all disputes or controversies between you and Merchant and/or Mercury shall be resolved on an individual basis without resort to any form of class action and shall not be consolidated with the claims of any other parties.
a. In the event that any provision of these Terms and Conditions is deemed unenforceable in any jurisdiction, such provision shall be ineffective only to the extent of such unenforceability in such jurisdiction without invalidating the remainder of such provision or any other provision of these Terms and Conditions or affecting the validity or enforceability of such provision in any other jurisdiction.
b. Except as otherwise provided by applicable law, these Terms and Conditions apply to all Cards, whether purchased at store locations or on-line or received from third parties.
c. Some or all of the Card services may be performed by Merchant, Mercury, or their respective third-party service providers. Merchant and Mercury may provide any and all of your data and other information reasonably necessary for such service providers to provide the Card services and/or administer the Card program.
d. Merchant may assign these Terms and Conditions at any time without notice.
- Updates to Terms and Conditions.These Terms and Conditions were last updated on February 1, 2016 and may be updated by Merchant from time to time. We recommend that you periodically check these Terms and Conditions for changes.