This Zippy’s Gift Card Terms and Conditions ("Agreement") describes the terms and conditions that apply to use of Zippy’s Gift Cards that are purchased at Zippy’s restaurants or authorized third-party distributors and Zippy’s eGift Cards that are purchased through the Zippy’s mobile app or website (each, a “Zippy’s Card” and collectively, “Zippy’s Cards”). This Agreement is between you, the Cardholder, and FCH Enterprises, Inc., dba Zippy’s Restaurants (“Zippy’s,” "we," or "us"). By purchasing, accepting or using any Zippy’s Card, you agree to be bound by this Agreement. If you do not agree with this Agreement, do not purchase, use or accept any Zippy’s Card. IMPORTANT: This Agreement includes an Arbitration provision that governs any disputes between you and us. This provision will:
● Eliminate your right to a trial by jury; and
● Substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.
You agree that we may provide notices, disclosures and amendments to this Agreement, and other information relating to your Zippy’s Cards by electronic means, including posting such materials online at https://www.zippys.com/giftcards
About Your Card
Zippy’s Cards are issued by or at the direction of Zippy’s, in certain dollar value increments. Zippy’s Cards can be purchased at participating Zippy’s restaurants, from authorized third-party distributors, through the Zippy’s mobile app, or online through the Zippy’s website, and are valid only if obtained through one of these methods. Zippy’s Cards are not valid and will not be honored, and Zippy’s will not be liable, if obtained from unauthorized sellers, including through Internet auction sites.
The dollar value loaded onto a Zippy’s Card is a prepayment for goods and services offered at participating Zippy’s Restaurants. Unless otherwise required by law or permitted by this Agreement, the dollar value on your Zippy’s Card is nonrefundable and may not be redeemed for cash. For example, in accordance with Hawaii law, for a Zippy’s Card with a remaining balance less than five dollars ($5.00), you may redeem with Zippy’s the remaining value of the Zippy’s Card for cash. The value on your Zippy’s Card is not insured by the Federal Deposit Insurance Corporation (FDIC), nor does it earn interest.
Zippy’s 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 a Zippy’s Card under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.
Loading Value on Your Zippy’s Card
In the United States, you can load value on your Zippy's Card by going online to https://www.zippys.com/giftcard, or by calling 808-973-0880. There may be a delay from the time you pay the amount to be loaded onto your Zippy's Card and those funds being available for use.
You may not have more than $500 in value on any single Zippy's Card at any time, and no more than $2,000 may be associated with any one Zippy's Card in a single day. This means that the activity on any one of your Zippy's Cards cannot exceed $2,000 over the course of a day. The total value you may load onto all of your Zippy's Cards, together with the value of any new Zippy's Cards that you may purchase, may not exceed $10,000 on any given day. There is a minimum amount that you may load on any Zippy's Card at any given time, and that amount is typically $5. We may change any of these limits and minimums at any time without notice to you.
If you use a credit or debit card to purchase or reload your Zippy's Card, prior to charging your credit or debit card, an authorization process will occur for the amount of your purchase or reload transaction ("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 Zippy's 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, Zippy's 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.
You can reload your Zippy's Card online by linking a payment method to your Zippy's account accessible at https://www.zippys.com/giftcard.
Zippy's eGift Card
The Zippy's eGift Card program allows you to purchase and send a virtual Zippy's Cards (“eGift”) via email. You may choose the design and dollar value (within certain limits) and complete your purchase using a credit card, debit card, or certain other electronic payment methods. You may choose the date of delivery for the eGift, including same-day delivery, provided that your form of payment is approved prior to the scheduled delivery. Regardless of the date you choose for delivery, by purchasing an eGift, you authorize us to charge your credit card, debit card or other chosen electronic payment method at the time of your purchase. Your eGift will be sent to the email you provide for the recipient, so you should verify the accuracy of the recipient’s email address.
On the requested delivery date, we will send the recipient of your eGift an email notifying them that they have received an eGift from you. The recipient will have the option of adding the eGift to their Zippy's account or transferring the balance onto an existing Zippy's Card. The recipient will also have the option to register the eGift for use with Zippy's mobile applications. We will also send you an email confirming receipt of your eGift when the recipient opens the eGift email. An eGift is like any other Zippy's Card and should be treated like cash by the recipient.
Each eGift has a unique Zippy's Card number associated with it no matter how many times the email is printed.
If you have any questions or concerns about the status of an eGift, please go online to https://www.zippys.com/giftcard.
Balance Inquiries
For balance inquiries go to https://www.zippys.com/giftcard or call 808-973-0880. The balance you see when checking Zippy’s Card balances online or 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.
Promotional Programs
From time to time, we may, in our sole discretion, run promotional programs associated with the Zippy's 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.
Fees and Expiration of Card Balances
We do not charge any activation, service, dormancy or inactivity fees in connection with your Zippy's Card. Your Zippy's Card has no expiration date and the value on your Zippy's Card will never expire.
Billing Errors, Corrections
We will correct the balance of your Zippy's Card if we believe that a clerical, billing, or accounting error occurred. If you have questions regarding your Transaction history or any correction, or if you wish to dispute any Transaction or correction that has been applied to your Zippy's Card, please call Customer Service at 808-973-0880. 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 sufficient notice for us to review your claim within sixty (60) days of the date of the Transaction in question.
Fraud Associated with Your Zippy's Card or Card Balance
We will not accept any Zippy's Card, or will limit use of any Zippy's Card or Zippy's 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. Zippy's does not control who may sell preloaded Zippy's Cards, nor can we control the price or preloaded denominations offered by independent sellers. Consequently, Zippy's has no liability to you for any third-party fraud or unlawful activity associated with any Zippy's Card balance. If Zippy's discovers any Zippy's Card or Zippy's Card balance was sourced or derived from fraud or other unlawful means, we may, in our sole discretion, cancel all impacted Zippy's Cards and retain all related Zippy's Card balances without notice to you. We may use retained Zippy's Card balances in our sole and absolute discretion, including to help offset our liability to card companies, networks and issuers of lost or stolen credit and debit cards used to purchase or load Zippy's Cards.
Registration, Liability for Unauthorized Transactions
To register your Zippy's Card, visit https://www.zippys.com/giftcard, click "Add” " and complete the online form. When registering or purchasing a Zippy's Card, 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 Zippy's Card. If you believe your Zippy's Card has been disabled in error, please call 808-973-0880. You are responsible for: (a) the accuracy of all information that you provide to us; and (b) maintaining the confidentiality and security of your Zippy's Card information.
You should treat your Zippy's Card like cash and not disclose your Zippy's Card information to anyone. If your Zippy's Card or Zippy's Card information is lost or stolen, anyone who obtains possession of either may use your Card. You are responsible for all transactions on your Zippy's Card, including unauthorized transactions. However, if your Zippy's Card is lost, stolen or destroyed, your Zippy's Card can be replaced with the balance remaining on it at the time you contact us, but only if you have previously registered it with us.
If your registered Zippy's Card becomes lost, stolen, or damaged, report it as soon as possible either online through your Zippy's account at https://www.zippys.com/giftcard or call 808-973-0880. Your registered Zippy's Card balance is protected from the time you notify us. We will freeze the remaining balance on your Zippy's Card at the time you notify us and will load that remaining balance on a replacement Zippy's Card.
Privacy Statement
Please read Zippy's Privacy Policy at https://www.zippys.com/giftcard carefully to understand how Zippy's collects, uses, and discloses information about customers, how to update or change your personal information, and how we communicate with you.
Changes to This Agreement
We may amend this Agreement at any time. We will post the amended Agreement to our website at https://www.zippys.com/giftcard 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 existing and future Zippy's Cards. You are deemed to accept the changes, additions or deletions if: (1) you do not notify us to the contrary in writing within twenty (20) days of the date of our notice or such other time specified in the notice; or (2) you use any of your Zippy's Cards after such notice period. If you notify us that you do not accept the changes, additions or deletions, we will cancel your Zippy's Cards and refund any remaining balance to you.
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 any Zippy's Card, including your failure to provide valid information. For example, transferring balances between different Zippy's Cards solely for the purpose of obtaining cash back is an unauthorized use of the Zippy's Card and if we deem it appropriate to limit our losses we will cancel any such Zippy's Card and retain any balances associated with those Zippy's Cards. If we terminate this Agreement without cause, we will refund or issue store credits equal to the balance on your cancelled Zippy's Card(s), less any amounts that you may owe us.
Arbitration
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 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.
Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to this Agreement, your Zippy's Card and your relationship with us. Any dispute or claim arising out of or relating to this Agreement or use of the Zippy's Card and your relationship with Zippy's or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.
Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to our Customer Service department using the appropriate link at https://www.zippys.com/contact-us/ 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 sixty (60) days.
If the disagreement stated in the Demand is not resolved within such sixty (60) days, the dispute shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of Dispute Prevention & Resolution, Inc. (“DPR”) in Honolulu, Hawaii, and pursuant to the Hawaii statutes governing arbitration. The arbitrator shall be selected by the parties, but if the parties are unable to reach an agreement on selection of the arbitrator within thirty (30) days after the date on which the notice of arbitration is sent to the parties to the arbitration, then the arbitrator will be selected in accordance with the rules of DPR. The parties agree that the arbitrator shall be an attorney, actively engaged in the practice of law for a minimum fifteen (15) years, or a retired judge, each of which shall have demonstrable experience with and knowledge of the specific claim at issue in the arbitration. In no event shall a party be entitled to consequential, special, indirect, exemplary or punitive damages in any arbitration or judicial proceeding. The arbitrator shall not have subject matter jurisdiction to decide any issues relating to the statute of limitations or to any request for injunctive relief, and the parties hereby stipulate to stay the arbitration proceeding (without the need of a bond) until any such issues in dispute are resolved. Judgment upon the award rendered by the arbitrator shall be final, binding and conclusive upon the parties and their respective administrators, executors, legal representatives, heirs, successors and permitted assigns, and may be entered in any court of competent jurisdiction. All questions as to the meaning of the provisions of this paragraph, or as to the arbitrability of any dispute under this paragraph shall be resolved by the arbitrator, shall be absolutely binding, and not subject to judicial review. The costs and expenses of arbitration shall be borne ultimately as the arbitrator directs but each party shall pay the costs and expenses of its own counsel and of any witnesses and evidence presented by such party.
WAIVER OF CLASS OR CONSOLIDATED ACTIONS (“CLASS ACTION WAIVER”). YOU AND ZIPPY’S EACH AGREE THAT YOU MAY ONLY BRING CLAIMS IN YOU INDIVIDUAL CAPACITY ON YOUR OWN BEHALF, AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS, AND NO PROCEEDINGS COMMENCED HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY OTHER PARTIES, OR CLAIMS BY OTHER PARTIES (WHETHER REPRESENTATIVE, MASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION). Each party agrees that this limitation includes, but is not limited to, precluding each party from pursuing any claim for public injunctive relief, whether in arbitration or court. If Zippy’s believes that any claim filed by you against it is inconsistent with this limitation, then you agree that Zippy’s may seek an order from a court determining whether the claim is within the scope of this class action waiver.
If a court or arbitrator determines in an action between you and Zippy’s that any part of this Dispute Resolution provision cannot be enforced, the rest of this Dispute Resolution provision will continue to apply; provided, however, that if the Class Action Waiver is declared to be unenforceable or invalid, this entire Dispute Resolution provision (other than this sentence) will not apply to that claim (but will still apply to any and all other claims that you or Zippy’s may assert in that or any other action).
Disclaimers and Limits of Liability
Zippy's and its affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to the Zippy's 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. Zippy's does not represent or warrant that your Zippy's Cards will always be accessible or accepted. In the event that a Zippy’s Card is non-functional, your sole remedy, and our sole liability, shall be the replacement of such Zippy’s Card.
In the event that Zippy's is found liable to you, you shall only be entitled to recover actual damages and such damages shall not exceed the last balance held on your Zippy's Card. Zippy's and its affiliates shall have no liability for any direct, indirect, incidental, special, or consequential damages (including without limitation loss of profit, revenue or use), or any 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 Zippy's or its affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a Zippy's 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.
Assignment
We may assign all or part of this Agreement without notice to you. If assigned, 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.
Choice of Law
The laws of the State of Hawaii, without regard to principles of conflict of laws, apply to this Agreement and use of your Card.
Entire Agreement, Construction
This Agreement is the complete and exclusive statement of agreement between you and Zippy's, and supersedes and merges all prior proposals and all other agreements governing your Zippy's Card (not including Zippy's Privacy Policy https://www.zippys.com/giftcard, the Zippy's.com Terms of Use, or the Zippy's Rewards Terms of Use, as applicable). If any provision of this Agreement, other than the Class Action Waiver in the Arbitration provision above, is 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.
Inquiries or Questions
If you have any questions regarding this Agreement or your Zippy's Card, please visit our website at https://www.zippys.com/giftcard or call us at 808-973-0880.
● Eliminate your right to a trial by jury; and
● Substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.
You agree that we may provide notices, disclosures and amendments to this Agreement, and other information relating to your Zippy’s Cards by electronic means, including posting such materials online at https://www.zippys.com/giftcards
About Your Card
Zippy’s Cards are issued by or at the direction of Zippy’s, in certain dollar value increments. Zippy’s Cards can be purchased at participating Zippy’s restaurants, from authorized third-party distributors, through the Zippy’s mobile app, or online through the Zippy’s website, and are valid only if obtained through one of these methods. Zippy’s Cards are not valid and will not be honored, and Zippy’s will not be liable, if obtained from unauthorized sellers, including through Internet auction sites.
The dollar value loaded onto a Zippy’s Card is a prepayment for goods and services offered at participating Zippy’s Restaurants. Unless otherwise required by law or permitted by this Agreement, the dollar value on your Zippy’s Card is nonrefundable and may not be redeemed for cash. For example, in accordance with Hawaii law, for a Zippy’s Card with a remaining balance less than five dollars ($5.00), you may redeem with Zippy’s the remaining value of the Zippy’s Card for cash. The value on your Zippy’s Card is not insured by the Federal Deposit Insurance Corporation (FDIC), nor does it earn interest.
Zippy’s 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 a Zippy’s Card under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.
Loading Value on Your Zippy’s Card
In the United States, you can load value on your Zippy's Card by going online to https://www.zippys.com/giftcard, or by calling 808-973-0880. There may be a delay from the time you pay the amount to be loaded onto your Zippy's Card and those funds being available for use.
You may not have more than $500 in value on any single Zippy's Card at any time, and no more than $2,000 may be associated with any one Zippy's Card in a single day. This means that the activity on any one of your Zippy's Cards cannot exceed $2,000 over the course of a day. The total value you may load onto all of your Zippy's Cards, together with the value of any new Zippy's Cards that you may purchase, may not exceed $10,000 on any given day. There is a minimum amount that you may load on any Zippy's Card at any given time, and that amount is typically $5. We may change any of these limits and minimums at any time without notice to you.
If you use a credit or debit card to purchase or reload your Zippy's Card, prior to charging your credit or debit card, an authorization process will occur for the amount of your purchase or reload transaction ("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 Zippy's 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, Zippy's 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.
You can reload your Zippy's Card online by linking a payment method to your Zippy's account accessible at https://www.zippys.com/giftcard.
Zippy's eGift Card
The Zippy's eGift Card program allows you to purchase and send a virtual Zippy's Cards (“eGift”) via email. You may choose the design and dollar value (within certain limits) and complete your purchase using a credit card, debit card, or certain other electronic payment methods. You may choose the date of delivery for the eGift, including same-day delivery, provided that your form of payment is approved prior to the scheduled delivery. Regardless of the date you choose for delivery, by purchasing an eGift, you authorize us to charge your credit card, debit card or other chosen electronic payment method at the time of your purchase. Your eGift will be sent to the email you provide for the recipient, so you should verify the accuracy of the recipient’s email address.
On the requested delivery date, we will send the recipient of your eGift an email notifying them that they have received an eGift from you. The recipient will have the option of adding the eGift to their Zippy's account or transferring the balance onto an existing Zippy's Card. The recipient will also have the option to register the eGift for use with Zippy's mobile applications. We will also send you an email confirming receipt of your eGift when the recipient opens the eGift email. An eGift is like any other Zippy's Card and should be treated like cash by the recipient.
Each eGift has a unique Zippy's Card number associated with it no matter how many times the email is printed.
If you have any questions or concerns about the status of an eGift, please go online to https://www.zippys.com/giftcard.
Balance Inquiries
For balance inquiries go to https://www.zippys.com/giftcard or call 808-973-0880. The balance you see when checking Zippy’s Card balances online or 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.
Promotional Programs
From time to time, we may, in our sole discretion, run promotional programs associated with the Zippy's 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.
Fees and Expiration of Card Balances
We do not charge any activation, service, dormancy or inactivity fees in connection with your Zippy's Card. Your Zippy's Card has no expiration date and the value on your Zippy's Card will never expire.
Billing Errors, Corrections
We will correct the balance of your Zippy's Card if we believe that a clerical, billing, or accounting error occurred. If you have questions regarding your Transaction history or any correction, or if you wish to dispute any Transaction or correction that has been applied to your Zippy's Card, please call Customer Service at 808-973-0880. 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 sufficient notice for us to review your claim within sixty (60) days of the date of the Transaction in question.
Fraud Associated with Your Zippy's Card or Card Balance
We will not accept any Zippy's Card, or will limit use of any Zippy's Card or Zippy's 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. Zippy's does not control who may sell preloaded Zippy's Cards, nor can we control the price or preloaded denominations offered by independent sellers. Consequently, Zippy's has no liability to you for any third-party fraud or unlawful activity associated with any Zippy's Card balance. If Zippy's discovers any Zippy's Card or Zippy's Card balance was sourced or derived from fraud or other unlawful means, we may, in our sole discretion, cancel all impacted Zippy's Cards and retain all related Zippy's Card balances without notice to you. We may use retained Zippy's Card balances in our sole and absolute discretion, including to help offset our liability to card companies, networks and issuers of lost or stolen credit and debit cards used to purchase or load Zippy's Cards.
Registration, Liability for Unauthorized Transactions
To register your Zippy's Card, visit https://www.zippys.com/giftcard, click "Add” " and complete the online form. When registering or purchasing a Zippy's Card, 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 Zippy's Card. If you believe your Zippy's Card has been disabled in error, please call 808-973-0880. You are responsible for: (a) the accuracy of all information that you provide to us; and (b) maintaining the confidentiality and security of your Zippy's Card information.
You should treat your Zippy's Card like cash and not disclose your Zippy's Card information to anyone. If your Zippy's Card or Zippy's Card information is lost or stolen, anyone who obtains possession of either may use your Card. You are responsible for all transactions on your Zippy's Card, including unauthorized transactions. However, if your Zippy's Card is lost, stolen or destroyed, your Zippy's Card can be replaced with the balance remaining on it at the time you contact us, but only if you have previously registered it with us.
If your registered Zippy's Card becomes lost, stolen, or damaged, report it as soon as possible either online through your Zippy's account at https://www.zippys.com/giftcard or call 808-973-0880. Your registered Zippy's Card balance is protected from the time you notify us. We will freeze the remaining balance on your Zippy's Card at the time you notify us and will load that remaining balance on a replacement Zippy's Card.
Privacy Statement
Please read Zippy's Privacy Policy at https://www.zippys.com/giftcard carefully to understand how Zippy's collects, uses, and discloses information about customers, how to update or change your personal information, and how we communicate with you.
Changes to This Agreement
We may amend this Agreement at any time. We will post the amended Agreement to our website at https://www.zippys.com/giftcard 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 existing and future Zippy's Cards. You are deemed to accept the changes, additions or deletions if: (1) you do not notify us to the contrary in writing within twenty (20) days of the date of our notice or such other time specified in the notice; or (2) you use any of your Zippy's Cards after such notice period. If you notify us that you do not accept the changes, additions or deletions, we will cancel your Zippy's Cards and refund any remaining balance to you.
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 any Zippy's Card, including your failure to provide valid information. For example, transferring balances between different Zippy's Cards solely for the purpose of obtaining cash back is an unauthorized use of the Zippy's Card and if we deem it appropriate to limit our losses we will cancel any such Zippy's Card and retain any balances associated with those Zippy's Cards. If we terminate this Agreement without cause, we will refund or issue store credits equal to the balance on your cancelled Zippy's Card(s), less any amounts that you may owe us.
Arbitration
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 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.
Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to this Agreement, your Zippy's Card and your relationship with us. Any dispute or claim arising out of or relating to this Agreement or use of the Zippy's Card and your relationship with Zippy's or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.
Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to our Customer Service department using the appropriate link at https://www.zippys.com/contact-us/ 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 sixty (60) days.
If the disagreement stated in the Demand is not resolved within such sixty (60) days, the dispute shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of Dispute Prevention & Resolution, Inc. (“DPR”) in Honolulu, Hawaii, and pursuant to the Hawaii statutes governing arbitration. The arbitrator shall be selected by the parties, but if the parties are unable to reach an agreement on selection of the arbitrator within thirty (30) days after the date on which the notice of arbitration is sent to the parties to the arbitration, then the arbitrator will be selected in accordance with the rules of DPR. The parties agree that the arbitrator shall be an attorney, actively engaged in the practice of law for a minimum fifteen (15) years, or a retired judge, each of which shall have demonstrable experience with and knowledge of the specific claim at issue in the arbitration. In no event shall a party be entitled to consequential, special, indirect, exemplary or punitive damages in any arbitration or judicial proceeding. The arbitrator shall not have subject matter jurisdiction to decide any issues relating to the statute of limitations or to any request for injunctive relief, and the parties hereby stipulate to stay the arbitration proceeding (without the need of a bond) until any such issues in dispute are resolved. Judgment upon the award rendered by the arbitrator shall be final, binding and conclusive upon the parties and their respective administrators, executors, legal representatives, heirs, successors and permitted assigns, and may be entered in any court of competent jurisdiction. All questions as to the meaning of the provisions of this paragraph, or as to the arbitrability of any dispute under this paragraph shall be resolved by the arbitrator, shall be absolutely binding, and not subject to judicial review. The costs and expenses of arbitration shall be borne ultimately as the arbitrator directs but each party shall pay the costs and expenses of its own counsel and of any witnesses and evidence presented by such party.
WAIVER OF CLASS OR CONSOLIDATED ACTIONS (“CLASS ACTION WAIVER”). YOU AND ZIPPY’S EACH AGREE THAT YOU MAY ONLY BRING CLAIMS IN YOU INDIVIDUAL CAPACITY ON YOUR OWN BEHALF, AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS, AND NO PROCEEDINGS COMMENCED HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY OTHER PARTIES, OR CLAIMS BY OTHER PARTIES (WHETHER REPRESENTATIVE, MASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION). Each party agrees that this limitation includes, but is not limited to, precluding each party from pursuing any claim for public injunctive relief, whether in arbitration or court. If Zippy’s believes that any claim filed by you against it is inconsistent with this limitation, then you agree that Zippy’s may seek an order from a court determining whether the claim is within the scope of this class action waiver.
If a court or arbitrator determines in an action between you and Zippy’s that any part of this Dispute Resolution provision cannot be enforced, the rest of this Dispute Resolution provision will continue to apply; provided, however, that if the Class Action Waiver is declared to be unenforceable or invalid, this entire Dispute Resolution provision (other than this sentence) will not apply to that claim (but will still apply to any and all other claims that you or Zippy’s may assert in that or any other action).
Disclaimers and Limits of Liability
Zippy's and its affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to the Zippy's 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. Zippy's does not represent or warrant that your Zippy's Cards will always be accessible or accepted. In the event that a Zippy’s Card is non-functional, your sole remedy, and our sole liability, shall be the replacement of such Zippy’s Card.
In the event that Zippy's is found liable to you, you shall only be entitled to recover actual damages and such damages shall not exceed the last balance held on your Zippy's Card. Zippy's and its affiliates shall have no liability for any direct, indirect, incidental, special, or consequential damages (including without limitation loss of profit, revenue or use), or any 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 Zippy's or its affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a Zippy's 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.
Assignment
We may assign all or part of this Agreement without notice to you. If assigned, 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.
Choice of Law
The laws of the State of Hawaii, without regard to principles of conflict of laws, apply to this Agreement and use of your Card.
Entire Agreement, Construction
This Agreement is the complete and exclusive statement of agreement between you and Zippy's, and supersedes and merges all prior proposals and all other agreements governing your Zippy's Card (not including Zippy's Privacy Policy https://www.zippys.com/giftcard, the Zippy's.com Terms of Use, or the Zippy's Rewards Terms of Use, as applicable). If any provision of this Agreement, other than the Class Action Waiver in the Arbitration provision above, is 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.
Inquiries or Questions
If you have any questions regarding this Agreement or your Zippy's Card, please visit our website at https://www.zippys.com/giftcard or call us at 808-973-0880.