GIFT CARD TERMS
IMPORTANT -- PLEASE READ: The following Poko Popcorn Card Agreement describes the terms and conditions that apply to the pre-paid account of your Poko Popcorn Card.
By using your Poko Popcorn Card, you agree to the terms of this agreement. Please keep a copy of this agreement for your records.
About Your Card: Poko Popcorn Purchases Only
The Poko Popcorn Card allows you to load a dollar value on to your Poko Popcorn Card for future purchases at participating Poko Popcorn stores in Canada. The dollar value that you load onto your Poko Popcorn Card is a pre-payment only for the goods and services of participating Poko Popcorn stores in Canada. No credit card, credit line, overdraft protection, or deposit account is associated with a Poko Popcorn Card. Unless otherwise required by law, any amount on your Poko Popcorn Card is non-refundable and may not be redeemed for cash. No interest, dividends, or any other earnings on funds deposited to a Poko Popcorn Card will accrue or be paid or credited to you by Poko Popcorn.
We reserve the right not to accept any Poko Popcorn Card or otherwise limit use of a Poko Popcorn Card if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful. Additionally, Poko Popcorn stores in Canada are not authorized to accept Poko Popcorn gift cards from other countries, nor are Poko Popcorn stores in other countries authorized to accept Poko Popcorn Canada gift cards.
Loading Value on Your Card
You can load a dollar value on the Poko Popcorn Card by using a credit card, debit card or cash by visiting any participating Poko Popcorn store in Canada. You may not load more than $200.00 worth of value to your Poko Popcorn Card account. The minimum amount that must be loaded onto your Poko Popcorn Card is $25.00 at www.pokopopcorn.ca and $10.00 at participating Poko Popcorn stores in Canada. Poko Popcorn may change the maximum and minimum amounts at any time by notifying you at the point of sale, by phone when you call, or on the Poko Popcorn web site, and such change shall not constitute an amendment to this agreement.
All amounts loaded onto your Poko Popcorn Card are held and denominated in Canadian dollars.
Fees and Expiration of Card Balances
Poko Popcorn does not charge any fees for the issuance, activation, or use of your Poko Popcorn Card and your Poko Popcorn Card has no expiration date.
Receipts and Statements
Cardholders are not sent statements of itemized transactions from a Poko Popcorn Card account. You can check the balance of your Poko Popcorn Card at participating Poko Popcorn stores in Canada or online. You will need to have your Poko Popcorn Card available in order to access your account. The account balance for a Poko Popcorn Card also will appear on your receipt from a point-of-sale register. When you make a purchase at any Poko Popcorn store in Canada using your Poko Popcorn Card, you will receive a receipt if you request one but will not be asked to sign the receipt. The receipt will indicate that the purchase was made using a Poko Popcorn Card and will provide the remaining balance of your Poko Popcorn Card. You should keep your receipts and to ensure that your account balance is correct.
Billing Errors, Corrections
We reserve the right to correct the balance of your Poko Popcorn Card account if we believe that a clerical, billing or accounting error occurred. You should monitor your transactions and account balances closely.
Registration; Liability for Unauthorized Transactions
Because your Poko Popcorn Card is used like cash for purchases from Poko Popcorn, you are responsible for all transactions associated with your Poko Popcorn Card, including unauthorized transactions. Your Poko Popcorn Card cannot be replaced if it is lost, stolen, or damaged.
Changes to This Agreement
We may amend the terms of this agreement at any time, including any rights or obligations you or we may have. 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 Poko Popcorn Cards.
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 Poko Popcorn Card.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of the relationship between Poko Popcorn and users of Poko Popcorn Gift Cards. Any dispute or claim made by you against Poko Popcorn (or against any of our subsidiary, parent or affiliate companies) arising out of or relating to this Agreement or your use of the Poko Popcorn Card (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.
You must first present any claim or dispute to us by contacting our Customer Service Department to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days. The arbitration of any dispute or claim shall be conducted in accordance with the Arbitration Act of Alberta as modified by this agreement. Unless you and we agree otherwise, any arbitration will take place in Calgary, Alberta, and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party's actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. 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. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.
Costs of Arbitration
All administrative fees and expenses of an arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
Waiver of Punitive Damage Claims and Class Actions
By this Agreement, both you and we are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
Governing Law -- Alberta
This Agreement shall be governed by and construed in accordance with the laws of the province of Alberta notwithstanding any conflict of law rules.
Disclaimers and Limits of Liability
POKO POPCORN AND ITS AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE POKO POPCORN 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. POKO POPCORN DOES NOT REPRESENT OR WARRANT THAT YOUR POKO POPCORN CARD WILL ALWAYS BE ACCESSIBLE.
IN THE EVENT THAT POKO POPCORN OR ITS AFFILIATES ARE 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 POKO POPCORN CARD. POKO POPCORN AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE OR USE) 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 POKO POPCORN OR ITS AFFILIATES HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A POKO POPCORN CARD 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 jurisdiction 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 jurisdiction, our liability is limited to the greatest extent permitted by law.
We may assign all or part of this agreement without such assignment being considered a change to the agreement, and without notice to you. We are then released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this agreement.
Entire Agreement; Construction
This agreement is the complete and exclusive statement of agreement between you and Canadian Ice Cream Company Inc, and supercedes and merges all prior proposals and all other agreements. In the event that any provision of this agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this agreement.
Inquiries or Questions
If you have any questions regarding this agreement or your Poko Popcorn Card, please visit our web site at www.pokopopcorn.ca or call us at 1-888-337-7522 ext. 527.