BLOOMBRIDGE eGIFT CARD
TERMS AND CONDITIONS
This BloomBridge eGift Card Agreement (the “Agreement“) is between you and BloomBridge, LLC, a Mississippi limited liability company (“we” or “us“) and describes the terms and conditions that apply to electronic gift cards (“eGift Cards“) you purchase, gift, or receive from BloomBridge for yourself and, as applicable, for others. By purchasing, loading, reloading, or using your BloomBridge eGift Card, you agree to the terms set out in this Agreement.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN RESOLUTION THROUGH COURT PROCEEDINGS, JURY TRIALS, OR CLASS ACTIONS, WHICH ARE HEREBY WAIVED BY YOU AND US.
You agree that we may provide notices, disclosures, and amendments to this Agreement, and other information relating to your BloomBridge eGift Card, by electronic means, including posting such materials online at https://bloom-bridge.com/egift-terms-and-conditions.
1. eGift Cards.
We offer BloomBridge eGift Cards to make it easy to use BloomBridge to commemorate a loved one and to share BloomBridge goods and services as gifts to or from others. The BloomBridge eGift Card program allows you to purchase eGift Cards for yourself, to receive eGift Cards from others, and to send virtual BloomBridge eGift Cards to others via email and can be forwarded on to others using other social media and messaging platforms. eGift Cards are virtual and issued upon completion of purchase; physical gift cards are not available.
eGift Cards may be purchased in $75, $125, $175, or $225 preloaded amounts, or you may load a specified amount of your choosing on your eGift Card (not to exceed $500), for exclusive use on the BloomBridge website https://bloom-bridge.com. Purchases of eGift Cards can be completed using a credit card, debit card, or certain other electronic payment methods. You may schedule delivery of the eGift Card for a particular date, provided that same day deliveries of eGift Cards to yourself or others will only be made after your form of payment is approved. You authorize us to charge your credit card, debit card, or other chosen electronic payment method at the time you purchase an eGift Card, regardless of the date you choose for delivery.
If a delivery date is specified for an eGift Card you purchase for someone else, we will send the recipient of your eGift Card an email notifying them that they have received an eGift Card from you. We will also send you an email confirming receipt of your eGift Card when the recipient opens the eGift Card email. Each eGift Card will have a unique number associated with it. eGift Cards are valid and usable by recipients upon receipt. All BloomBridge eGift Cards are reloadable by the holder for the holder’s future use.
eGift Card purchasers and recipients will be able to use eGift Card balances for the purchase of BloomBridge goods and services only. If your eGift Card balance is insufficient to complete a transaction, we will ask you to elect an additional payment method to cover the difference. Unless otherwise required by law or permitted by this Agreement, the dollar value on a BloomBridge eGift Card is nonrefundable and may not be redeemed for cash. BloomBridge is not a bank, and the value on BloomBridge eGift Cards does not earn interest, nor is it insured by the Federal Deposit Insurance Corporation (FDIC).
BloomBridge eGift Cards are not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use BloomBridge eGift Cards under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.
If you have any questions or concerns about the status of an eGift Card you send to a recipient, please go online to https://www.bloom-bridge.com, email us at email@example.com, or call us at 833-256-6688.
2. Loading Value on eGift Cards.
You can load or reload value on BloomBridge eGift Cards at any time by visiting the BloomBridge website https://bloom-bridge.com or by calling 833-256-6688. There may be a delay from the time you pay the amount to be loaded or reloaded onto your BloomBridge eGift Card and those funds being available for use. Recipients of eGift Cards will be able to use eGift Cards at any time from or after receipt.
You may not have more than $500 in value on any BloomBridge eGift Card at any time, and no more than $2,000, or such lower amount provided under appliable law (superscript 1), may be associated with any one BloomBridge eGift Card in a single day. This means that the activity on any single BloomBridge eGift Card cannot exceed $2,000 (or a jurisdiction’s maximum, if lower) over the course of a day. The total value loaded onto all BloomBridge eGift Cards owned by you, together with the value of any new BloomBridge eGift Cards that you may purchase or receive, may not exceed $5,000 on any given day. The minimum amount that you may load on any BloomBridge eGift Card at any given time is $5. We may change any of these amounts at any time without notice to you. All amounts loaded or reloaded onto BloomBridge eGift Cards are denominated in US Dollars. Once a dollar value is loaded or reloaded onto an eGift Card, the Transaction (defined below) cannot be reversed. eGift Card balances may not be used to purchase other BloomBridge eGift Cards. You cannot “stop payment” or “lodge a billing dispute” with respect to any Transaction.
If you use a credit or debit card to purchase or reload your BloomBridge eGift Card, prior to charging your credit or debit card, an authorization process will occur for the amount of your purchase or reload transaction (each a “Transaction“). The authorization process will validate the credit or debit card number, status, available credit or funds and billing information to ensure that it matches what the bank or card company has on file. Your bank or BloomBridge may attempt to contact you for additional information prior to authorizing the Transaction amount.
For credit cards, once an authorization is received, you may notice a decrease in your available credit line. Your bank may hold this dollar amount from your credit line or available balance for a short period of time determined by the policy of your bank before your Transaction is fulfilled. For debit cards, your bank may pre-authorize a charge to your deposit or checking account and place a temporary hold on the funds before your Transaction is fulfilled. Regardless of whether you use a credit or debit card, your card will be charged only upon fulfillment of your Transaction. If your Transaction is cancelled, BloomBridge will request an authorization reversal on your behalf. Reversal times may vary. We recommend contacting your bank or credit card company to learn about their authorization and authorization reversal policies.
BloomBridge eGift Cards may not be purchased for resale or be transferred by you, or any business related in any way to you, for promotional purposes. You may not sell your eGift Card balance or any portion thereof.
3. Promotional Programs
We may, from time to time, in our sole discretion, run promotional offers associated with the BloomBridge eGift Card program (“Promotions“). Such Promotions are subject to these terms, as well as additional terms as indicated in connection with the Promotions. We reserve the right to modify the terms and conditions of any Promotion at any time, including and up to terminating the Promotion.
4. Fees and Expiration of Card Balances.
BloomBridge does not charge activation, service, or transaction fees. Except where prohibited by law (superscript 2), your eGift Card will be subject to a dormancy or inactivity fee of [2.5]% of any balance remaining on the eGift Card if the eGift Card has no activity and is not used during any calendar year, which calendar year begins on the first day of the month immediately following the month in which your eGift Card was purchased, received, or reloaded. Such dormancy or inactivity fees will be charged on eGift Card balances thereafter in any calendar year (beginning as provided above) in which the eGift Card is inactive and not used. No dormancy or inactivity fee will be imposed, when applicable, more than one time per year.
Except as expressly provided in this Section 4, your BloomBridge eGift Card has no expiration date nor does the value on your BloomBridge eGift Card ever expire. No fee or charge will be imposed on you if you lose your eGift Card and we need to reissue your remaining balance on another eGift Card, provided you contact us and provide adequate identifying information for the lost eGift Card. At any time your eGift Card balance is $5.00 or less for at least one year, BloomBridge reserves the right, in its sole discretion, to refund such balance to you in cash and to cancel and terminate your eGift Card.
5. Receipts and Transaction History
When you use your BloomBridge eGift Card, we will provide a receipt if you request one. The receipt will indicate that the purchase was made using a BloomBridge eGift Card and will provide the remaining balance of your BloomBridge eGift Card. Please check your online Transaction history regularly to ensure that your Transaction history and account balance are correct. You can check the balance of your BloomBridge eGift Card at https://bloom-bridge.com/send-a-thoughtful-gift and review recent Transactions on your BloomBridge eGift Card at https://bloom-bridge.com/my-account. We will not send you statements of activity on your BloomBridge eGift Card.
6. Billing Errors, Corrections.
We will correct the balance of your BloomBridge eGift Card if we believe that a clerical, billing, or accounting error occurred. If you have questions regarding your purchase or Transaction history or any correction, or if you wish to dispute any purchase, Transaction, or correction that has been applied to your BloomBridge eGift Card, please contact us at 833-256-6688 or firstname.lastname@example.org. Assuming you provide sufficient details, we will review your claim and tell you what we find. We will correct any error promptly after we finish our review. If we do not find any error, we will explain what we found. We have no obligation to review or correct any billing error unless you provide us sufficient notice for us to review your claim within sixty (60) days of the date of the purchase, Transaction, or correction in question.
7. Liability for Unauthorized Transactions.
When purchasing a BloomBridge eGift Card on your own behalf or on behalf of a recipient, you agree that you will: (i) provide complete and accurate information about yourself and (ii) update such information if it changes. If you do not provide or update such information, or if we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your BloomBridge eGift Card. If you believe your BloomBridge eGift Card has been disabled in error, please call 833-256-6688. You are responsible for: (a) the accuracy of all information that you provide to us; and (b) maintaining the confidentiality and security of your BloomBridge eGift Card information. We will not accept any BloomBridge eGift Card, or will limit use of any BloomBridge eGift Card or BloomBridge eGift Card balance, if we reasonably believe that the use is unauthorized, fraudulent, or otherwise unlawful, and we consider such action appropriate to limit our risk.
You should treat your BloomBridge eGift Card like any other cash payment method and not disclose your BloomBridge eGift Card information to anyone. You are responsible for all transactions on your BloomBridge eGift Card, including unauthorized transactions.
8. Privacy Statement.
9. Changes to This Agreement.
We may amend this Agreement at any time. We will post the amended Agreement to our website at https://bloom-bridge.com/egift-terms-and-conditions, and for a period of thirty (30) days after we post the amended Agreement, we will also post a notice on our website stating that the terms of this Agreement have changed. As permitted by applicable law, any change, addition, or deletion will become effective at the time we post the revised Agreement to our website. Unless we state otherwise, the change, addition, or deletion will apply to your future and existing BloomBridge eGift Cards. You are deemed to accept the changes, additions, or deletions if: (1) you do not notify us to the contrary in writing within 20 days of the date of our notice or such other time specified in the notice; or (2) you use any of your BloomBridge eGift Cards after such notice period. If you notify us that you do not accept the changes, additions, or deletions, we will cancel your BloomBridge eGift Cards and refund any remaining balance to you.
10. Cancellation of This Agreement.
We may suspend or terminate this Agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of the BloomBridge eGift Card including your failure to provide valid information. If we deem it appropriate to limit our losses, we will cancel any such BloomBridge eGift Card and retain any balances associated with those BloomBridge eGift Cards. If we terminate this Agreement without cause, we will refund or issue product and services credits equal to the balance on your cancelled BloomBridge eGift Card(s), less any amounts that you may owe us.
11. Governing Law and Jurisdiction.
To the extent applicable, this Agreement and the rights and remedies provided hereunder, all matters arising out of or relating to this Agreement, and any dispute, claims, allegations, lawsuits, losses, damages, penalties, judgments, fines, costs, fees, and the like arising therefrom or related thereto (in each case, including non-contractual disputes, claims, allegations, or lawsuits) are governed by and construed in accordance with the internal laws of the State of Mississippi, without giving effect to any choice or conflict of law provision or rule (whether of the State of Mississippi or any other jurisdiction) that would result in the application of the laws of any jurisdiction other than those of the State of Mississippi.
12. Dispute Resolution and Binding Arbitration.
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration rather than court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this Agreement.
YOU AND BLOOMBRIDGE, LLC, ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to our customer support department at email@example.com to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days.
ANY CLAIM, LOSS, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF AN EGIFT CARD OR ANY BLOOMBRIDGE PRODUCTS OR SERVICES THROUGH THE SITE THAT HAS NOT BEEN RESOLVED BY NEGOTIATION BETWEEN US WITHIN 60 DAYS AFTER WE RECEIVE NOTICE OF YOUR CLAIM OR DISPUTE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION IN HINDS COUNTY, MISSISSIPPI.
The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this Section 11. The AAA rules are available at Consumer-Rules-Web.pdf (adr.org) or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act and federal arbitration law, rather than state law, will govern the interpretation and enforcement of this Section 13, and you and we agree that this Agreement evidences a transaction in interstate commerce. All arbitration proceedings will be in the English language.
The arbitrator(s) will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision, or any other term or condition set forth in these Terms, is void, voidable, or otherwise invalid. The arbitrator(s) will be empowered to grant whatever relief would be available in a court of law or in equity. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
The costs of arbitration (filing, administration, and arbitrator fees) will be shared equally between you and us. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. If you prevail, as determined by the arbitrator, on any claim that affords the prevailing party attorneys’ fees and costs, the arbitrator may award reasonable fees and costs to you under the standards for fee shifting provided by applicable law.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BLOOMBRIDGE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver, and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
13. Disclaimers and Limits of Liability.
BloomBridge makes no representations, warranties, or conditions of any kind, express or implied, with respect to the BloomBridge eGift Card, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. BloomBridge does not represent or warrant that your BloomBridge eGift Cards will always be accessible or accepted.
In the event that BloomBridge is found liable to you, you shall only be entitled to recover actual and direct damages, and such damages shall not exceed the last balance held on your BloomBridge eGift Card at the time the liability arose. BloomBridge has no liability for any incidental, indirect, or consequential damages (including without limitation loss of profit, revenue, or use), or any special, punitive, or exemplary damages arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event shall BloomBridge have any liability for unauthorized access to, alteration, or theft of a BloomBridge eGift Card balance through accident, misuse, or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control.
The laws of certain states or other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this Agreement. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
We may assign all or part of this Agreement without notice to you. We are then released from all liability. You may not assign this Agreement without our prior written consent and any attempted assignment will be void.
15. Entire Agreement.
16. Severability. If any provision of this Agreement is held to be invalid, illegal, void, or unenforceable, other than the class action waiver in the Arbitration provision above, then that provision will be deemed severed from this Agreement to the minimum extent necessary and will not affect the validity or enforceability of the remaining provisions of this Agreement.
17. Interpretation. For purposes of this Agreement, (i) the words “include”, “includes”, and “including” shall be deemed to be followed by the words “without limitation”; (ii) the word “or” is not exclusive; and (iii) the words “herein,” “hereof”, “hereby”, “hereto”, and “hereunder” refer to this Agreement as a whole. Unless the context otherwise requires, references herein: (a) to articles, sections, exhibits, schedules, or attachments refer to the articles, sections, exhibits, schedules, or attachments to or attached to this Agreement; (b) to an agreement, instrument, or other document means such agreement, instrument, or other document, as amended, supplemented, and modified from time to time to the extent permitted by the provisions thereof; and (c) to a law means such law as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting the document or causing any document, agreement, or instrument to be drafted. Any exhibits, schedules, or attachments referred to herein shall be construed with, and as an integral part of, this Agreement to the same extent as if they were set forth verbatim herein.
18. Effective Date. This Agreement is effective for all purposes from and after August 1, 2021.
19. Inquiries or Questions. If you have any questions regarding this Agreement or your BloomBridge eGift Card, please visit our website at https://www.bloom-bridge.com or call us at 833-256-6688.