QUIP GIFT CARD TERMS
PLEASE REVIEW THESE TERMS (“quip Gift Card Terms”), WHICH WILL GOVERN THE PURCHASE, USE, AND MAINTENANCE OF YOUR quip Gift Card.
By registering for and/or using the Gift Card Services in any manner, including but not limited to purchasing or redeeming a gift card, YOU AGREE TO BE BOUND BY THESE quip Gift Card TERMS AND ACKNOWLEDGE THAT THESE TERMS CREATE A BINDING AGREEMENT BY quip NYC INC. AND THE quip Gift Card PURCHASER. IF YOU DO NOT AGREE TO THESE quip Gift Card TERMS, PLEASE CLICK “I DO NOT AGREE” BELOW, IN WHICH CASE YOU WILL NOT BE ABLE TO PURCHASE A quip Gift Card.
THESE quip Gift Card TERMS CONTAIN AN ARBITRATION CLAUSE (IN SECTION 19 “HOW WILL DISPUTES REGARDING A quip Gift Card BE HANDLED?” BELOW) REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION.
BY USING A quip Gift Card, ANY RECIPIENT TO WHOM YOU GIVE A quip Gift Card WILL AGREE TO THESE quip Gift Card TERMS. PLEASE GIVE THIS DOCUMENT TO THE RECIPIENT OF THE quip Gift Card FOR ANY FUTURE QUESTIONS OR ISSUES.
These quip Gift Card Terms refer to:
quip NYC Inc. as “quip,” “quip’s,” “we,” “us,” or “our”;
a quip Gift Card purchaser as the “Purchaser”;
a person to whom you give a quip Gift Card as a “Recipient”; and
the Purchaser and, if the Purchaser gives a quip Gift Card to a Recipient, the Recipient, as applicable, as the “Cardholder,” “you,” or “your.”
We have put these quip Gift Card terms in question and answer form to make them easier to follow. Notwithstanding the question and answer format, these quip Gift Card Terms are legally binding contractual agreement between quip and the Purchaser and, if the Purchaser gives a quip Gift Card to a Recipient, between quip and the Recipient.
1. What is a quip Gift Card?
A quip Gift Card is a prepaid code (an electronic “gift card” or “gift certificate”) that you can purchase to use yourself or give to a Recipient. When you purchase a quip Gift Card, we load it with a specific amount of funds redeemable to buy certain products (“Eligible Goods,” as defined in Section 3 below) offered and sold by quip. There is no plastic card or other physical object that holds value or that you will need to use to buy Eligible Goods. Instead, you will use or, as desired, give to a Recipient a quip Gift Card code that we will provide by email.
The quip Gift Card is not a credit card, a checking account, or connected in any way to any account other than a stored value account where your funds are held. You will not receive any interest on the funds in your quip Gift Card account. The quip Gift Card is not issued by a bank, and the associated funds are not insured by the Federal Deposit Insurance Corporation.
2. Are there other terms beyond these quip Gift Card Terms that will apply?
3. What Eligible Goods can a quip Gift Card holder can buy with quip Gift Card funds?
Eligible Goods quip Gift Card holders can buy using quip Gift Card funds are the items available in the quip online Store. Eligible Goods include for example, starter sets, electric toothbrushes, replacement brush heads, smart motors, anticavity toothpaste, floss, and other merchandised items on our online store. Please visit our online Store for the complete listing of available Eligible Goods.
4. Can quip Gift Card holders use quip Gift Card funds to buy other products or services?
No. You can use quip Gift Card funds to buy only Eligible Goods. You cannot use quip Gift Card funds to buy quip products or services other than Eligible Goods. For example, you cannot use quip Gift Card funds to pay subscription fees for refill plans or any non-store items such as wholesale items or quipcare.
5. Do quip Gift Card funds expire?
6. Will there be any fees charged against quip Gift Card funds?
7. How does a Cardholder use a quip Gift Card to buy Eligible Goods?
You go to our online Store, add desired Eligible Goods to your shopping cart, and, during the checkout process, enter the quip Gift Card code in the box labeled “Enter coupon or gift code” Each time you use a quip Gift Card, you authorize us to reduce the value available on the quip Gift Card by the lesser of the amount of the transaction of the remaining value available on the quip Gift Card. You will be required to establish a login with an email address and password in order to complete your purchase of eligible goods.
8. Can a Cardholder combine quip Gift Card funds and other payment methods?
Yes. When you enter a quip Gift Card code at checkout to buy Eligible Goods at our online Store, we will deduct funds up to the amount of the full purchase price. If the balance of available funds associated with a quip Gift Card code entered at checkout is insufficient to buy the Eligible Goods in your shopping cart, we will deduct the remaining balance on the quip Gift Card and prompt you to enter a different payment method for the unpaid cost of the applicable Eligible Goods.
YOU ARE NOT ALLOWED TO EXCEED THE BALANCE OF THE FUNDS AVAILABLE ON YOUR quip Gift Card. If you attempt to use a quip Gift Card when there are insufficient funds associated with it, the transaction will generally be declined. Nevertheless, if a transaction that exceeds the value available on your Card occurs due to a system malfunction or otherwise, the Purchaser shall remain fully liable to us for the amount of the transaction.
9. What if the quip Gift Card code is lost or stolen?
If the quip Gift Card code is lost or stolen, you or the Recipient can contact us at firstname.lastname@example.org to request a replacement code. quip reserves the right to deny replacements if the company finds inappropriate use, including but not limited to gift card code sharing via email or other communication methods.
10. How can a Cardholder check the remaining balance associated with a quip Gift Card?
You should keep track of the amount of value loaded on your quip Gift Card. You can obtain information about the amount of money remaining in a quip Gift Card account at no charge by logging into our website at https://www.getquip.com/payments_and_credits at any time. This information, along with a 60-day history of account transactions, is also available online by visiting our website https://www.getquip.com/orders. You have the right to obtain a sixty-day (60-day) written history of account transactions by contacting us at email@example.com.
11. Can value be added onto a quip Gift Card after purchase?
No. Your quip Gift Card is not reloadable.
12. What restrictions apply to quip Gift Card use?
Your quip Gift Card cannot be:
Redeemed or refunded for cash, except as required by applicable law
Used at an automated teller machine or to obtain cash in any transaction
Used for illegal transactions, including without limitation fraud, quip Gift Card purchases with proceeds of illegal activity or gifts of quip Gift Cards to bribe public officials
Used to buy any quip products or services other than Eligible Goods (see Section 3 above)
Purchased by a Purchaser outside the U.S.
Purchased by any Purchaser or given to any Recipient with whom or located in a country or territory with which U.S. sanctions prohibit U.S. persons from dealing (including, for example and without limitation, Recipients in Crimea, Cuba, Iran, North Korea, or Syria)
Used with any merchant other than quip
Used for recurring payments (for example, refill plans/subscriptions)
Used for reselling or redistributing
For security reasons, we may limit the amount or number of transactions you can make on your Card. We may refuse to process any transaction that we believe may violate the terms of this Agreement.
If you give your quip Gift Card to a Recipient or any other person, you remain responsible for any transactions that violate these quip Gift Card Terms.
13. Are quip Gift Card purchases refundable?
14. Can a Cardholder redeem a quip Gift Card for cash?
A Cardholder may not redeem a quip Gift Card for cash, except as required by law.
15. When is a cash redemption of quip Gift Card value required by law?
Some – but not all – states’ laws require us to redeem the value associated with a quip Gift Card in cash when that value has decreased below specified levels that vary from state to state. For further information, please consult the laws of the Cardholder’s state.
16. How does a Cardholder obtain a cash redemption when required by law?
If a Cardholder wants a cash redemption that is required by applicable law, please contact us at firstname.lastname@example.org, and we will remit payment for the amount of the required redemption.
17. What if a Cardholder wants to return Eligible Goods bought with a quip Gift Card?
If a Cardholder is entitled to a refund for any reason for returned Eligible Goods obtained with a quip Gift Card, we will credit to the quip Gift Card the amount originally paid using that quip Gift Card. If a Cardholder entitled to a refund used another payment method in addition to a quip Gift Card for the refunded purchase of returned Eligible Goods, we will credit the portion paid with the quip Gift Card back to the quip Gift Card and refund the remainder to the other payment method. If we credit a quip Gift Card for a refund, the credit may not be immediately available.
18. What if there is unauthorized use of a quip Gift Card?
If you believe your quip Gift Card code has been lost or stolen or an unauthorized transaction has been made using the information from your Card without your permission, contact us IMMEDIATELY email@example.com. We will ask for the quip Gift Card code and other identifying details. We cannot assist you if you do not have the quip Gift Card code. We reserve the right to investigate any claim you may make about a lost or stolen quip Gift Card or unauthorized transaction, and you agree to cooperate with such investigation. It may take up to 30 days for us to process the reissuance of a quip Gift Card that was lost or stolen or had unauthorized transactions. You will not be liable for unauthorized use of your quip Gift Card so long as you have not handled your quip Gift Card fraudulently or with gross negligence.
19. Is quip’s liability limited?
Yes. Among other things, we will not, subject to applicable law, be liable if:
Through no fault of ours, you do not have enough value available on your quip Gift Card to complete a transaction
We block access to your quip Gift Card after you reported it lost or stolen or reported an unauthorized transaction
Circumstances beyond our control (such as pandemic, warfare, terrorism fire, flood, or systems failure) impair the processing of a transaction, despite our precautions
20. How will disputes regarding quip Gift Cards be handled?
You and we agree to waive jury trial rights and to arbitrate any dispute in accordance with this section.
YOU AND WE ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT BUT MAY BE WAIVED IN CERTAIN CIRCUMSTANCES. TO THE EXTENT PERMITTED BY LAW, YOU AND WE KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION ARISING OUT OF OR RELATED TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT OR BE INTERPRETED AS THE DISPUTE PROVISION BELOW IN THIS SECTION, IF APPLICABLE, WHICH CONTAINS ITS OWN SEPARATE JURY TRIAL WAIVER.
What is arbitration?
Arbitration is an alternative to court. In arbitration, a third-party arbitrator solves disputes in an informal hearing.
Does arbitration differ from court and jury trials?
Yes. The hearing is private. There is no jury. It is usually less formal, faster and less expensive than a lawsuit. Pre-hearing fact finding is limited. Appeals are limited. Courts rarely overturn arbitration awards.
Can a quip Gift Card Purchaser opt out of this Arbitration Clause?
Yes, a Purchaser can opt out within 60 days. If you do not want this Arbitration Clause to apply, you must send us a signed notice within 60 calendar days after you purchase the Card. You must send the notice in writing (and not electronically) to quip NY Inc., 45 Main Street, Suite 630, Brooklyn, NY 11201. Provide your name, address and quip Gift Card code. State that you “opt out” of the dispute clause. If a Purchaser opts out of this Arbitration Clause, the rest of these quip Gift Card Terms will still apply.
What does this Arbitration Clause do?
Unless prohibited by applicable law and unless you opt out, you and we agree that you or we may elect to arbitrate or require arbitration of any “Dispute,” as defined below.
Whom does the Arbitration Clause cover?
This Dispute Clause governs you, us, and the following categories of “Related Parties”: (i) our corporate parents, subsidiaries and affiliates; (ii) our employees, directors, officers, shareholders, members and representatives; and (iii) any person or company that is involved in a Dispute (defined below) you pursue at the same time you pursue a related Dispute with us.
Which Disputes does the Arbitration Clause cover?
This Arbitration Clause governs all Disputes, as defined below in this paragraph, that would usually be decided in court and are between us (or any Related Party) and you. In this Arbitration Clause, the word “Disputes” has the broadest reasonable meaning. It includes all claims even indirectly related to your quip Gift Card or these quip Gift Card Terms.
Are there Disputes that this Arbitration Clause does not cover?
Yes. This Arbitration Clause shall not apply to any disputes about the validity, coverage or scope of any part of the Arbitration Clause itself. Any such Disputes about this Arbitration Clause, including any disputes about the rule against class arbitration, are for a court and not an Arbitrator to decide.
Who handles the arbitration?
Arbitrations are conducted under this Dispute Clause and the rules of the arbitration administrator in effect when the arbitration is started. However, arbitration rules that conflict with this Arbitration Clause do not apply. The arbitration administrator will be either:
The American Arbitration Association, 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org.
JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.org
Any other company offering arbitrators picked by agreement of the parties.
If all the above options are unavailable, a court will pick the administrator. No arbitration may be administered without our consent by any administrator that would permit a class arbitration under this Arbitration Clause. The arbitrator will be selected under the administrator’s rules. However, the arbitrator must be a lawyer with at least ten years of experience or a retired judge unless you and we otherwise agree.
Can Disputes be litigated in court?
Either party may bring a lawsuit if the other party does not demand arbitration. We will not demand arbitration of any lawsuit you bring as an individual action in small-claims court. However, we may demand arbitration of any appeal of a small-claims decision or any small-claims action brought on a class basis.
Are you giving up any rights?
Yes. For Disputes subject to this Arbitration Clause, you give up your right to:
1. Have juries decide Disputes.
2. Have courts, other than small-claims courts, decide Disputes.
3. Serve as a private attorney general or in a representative capacity.
4. Join a Dispute you have with a dispute by other consumers.
5. Bring or be a class member in a class action or class arbitration.
Does quip give up any rights?
Yes. We give up the right to a jury trial and to have courts decide Disputes you wish to arbitrate.
Can you or another consumer start a class arbitration?
No. The Arbitrator is not allowed to handle any Dispute on a class or representative basis. All Disputes subject to this Arbitration Clause must be decided in an individual arbitration or an individual small-claims action. This Arbitration Clause will be void if a court rules that the Arbitrator can decide a Dispute on a class basis and the court’s ruling is not reversed on appeal.
What law applies?
The Federal Arbitration Act (“FAA”) governs this Arbitration Clause. The Arbitrator must apply substantive law consistent with the FAA. The Arbitrator must honor statutes of limitation and privilege rights. Punitive damages are governed by the constitutional standards that apply in judicial proceedings.
Does this Arbitration clause survive termination or assignment of these quip Gift Card Terms?
Yes. This Dispute Clause stays in force even if: (i) you or we end this Agreement; or (ii) we transfer or assign our rights under this Agreement.
What must you or we do before starting a lawsuit or arbitration?
Before starting a lawsuit or arbitration, the complaining party must give the other party written notice of the Dispute. The notice must explain in reasonable detail the nature of the Dispute and any supporting facts. If you are the complaining party, you must send the notice in writing (and not electronically) to quip NY Inc., 45 Main Street, Suite 630, Brooklyn, NY 11201. You or an attorney you have personally hired must sign the notice and must provide the quip Gift Card code and a phone number where you (or your attorney) can be reached. A letter from us to you will serve as our written notice of a Dispute. Once a Dispute notice is sent, the complaining party must give the other party a reasonable opportunity over the next 30 days to resolve the Dispute on an individual basis.
How does an arbitration start?
If the parties do not reach an agreement to resolve the Dispute within 30 days after notice of the Dispute is received, the complaining party may commence a lawsuit or an arbitration, subject to the terms of this Arbitration Clause. To start an arbitration, the complaining party picks the administrator and follows the administrator’s rules. If one party begins or threatens a lawsuit, the other party can demand arbitration. This demand can be made in filings with the court. It can be made if a party begins a lawsuit on an individual basis and then tries to pursue a class action. Once an arbitration demand is made, no lawsuit can be brought and any existing lawsuit must stop.
Will any hearing be held nearby?
Yes. The arbitrator may decide that an in-person hearing is unnecessary and that he or she can resolve a Dispute based on written filings and/or a conference call. However, any in-person arbitration hearing must be held at a place reasonably convenient to you.
Can a party appeal an arbitrator’s ruling?
The FAA strictly limits appeal rights. The arbitrator’s award will be final and binding. Any appropriate court may enter judgment upon the arbitrator’s award.
Who bears arbitration fees?
We will pay all filing, administrative, hearing and Arbitrator fees if you act in good faith, cannot get a waiver of such fees and ask us to pay.
When will we cover your legal fees and costs?
If you win an arbitration, we will pay the reasonable fees and costs for your attorneys, experts, and witnesses if required under applicable law or the administrator’s rules or if payment is required to enforce this Arbitration Clause.
Will a Cardholder ever owe quip for arbitration or attorneys’ fees?
The arbitrator can require you to pay our fees if (and only if): (i) the Arbitrator finds that you have acted in bad faith (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)); and (ii) this power does not make this Arbitration Clause invalid.
Can an award be explained?
Yes. A party may request details from the arbitrator within 14 days of the ruling. Upon such request, the Arbitrator will explain the ruling in writing.
21. What happens if you do not use your quip Gift Card for a long time?
If your quip Gift Card has remaining value after a certain period of time we may, depending on the state law that applies, be required to send the remaining funds to the appropriate state agency. The period of time before we must, if required, report and send the remaining funds to the appropriate state agency varies from state to state.
22. What other terms apply?
You cannot assign your rights or obligations under these quip Gift Card Terms. When you give a Recipient a quip Gift Card, that Recipient will become bound under these quip Gift Card Terms by using it. We may assign our rights or obligations under these quip Gift Card Terms to a third party.
We may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law.
We do not waive our rights by delaying or failing to exercise them at any time.
If any part of these quip Gift Card Terms is determined to be invalid or unenforceable under any law, rule, or regulation, the rest of these quip Gift Card Terms will remain in effect, valid, and enforceable.
The laws of the State of New York govern these quip Gift Card Terms except to the extent governed by federal law.
23. Can these quip Gift Card Terms change?
Yes. We may change these quip Gift Card Terms any time, subject to applicable law. If we do, we will notify you in accordance with applicable law. If we need to change these quip Gift Card Terms due to security concerns, we may make the changes to these quip Gift Card Terms and our related practices without notifying you first.
Other conditions apply, for full terms and conditions visit getquip.com/terms