Terms & Conditions
Effective Date: August 29th, 2023
Agreement to Terms
The following Good Earth Gift Card Terms and Conditions (the “Gift Card Agreement”) describes the terms and conditions that apply to the use of any Good Earth physical gift card (a “Physical Card”), digital gift card (a “Digital Gift Card”) or Good Earth Rewards gift card (an “In-App Card”). By buying, loading, or using a Gift Card (as defined below), you agree to be legally bound by (and to comply with) this Gift Card Agreement. This includes, but is not limited to, conducting this transaction electronically and accepting the disclaimer of warranties, damage and remedy exclusions and limitations, binding arbitration, and a choice of law as set out under the general terms below.
You also agree to and to comply with the Good Earth applicable Privacy Policy (defined below) https://goodearth.fwc-staging.com/privacy/, the Good Earth Rewards available at https://goodearth.fwc-staging.com/rewards/terms-conditions/, and the applicable website terms and conditions https://www.goodearthcoffeehouse.com/Gift-card/terms-conditions.
This Gift Card Agreement is a binding legal contract between you and Good Earth Cafes Ltd (Good Earth). Please read this Gift Card Agreement carefully before buying, loading or using a Gift Card (defined below). Do not buy, load, accept or otherwise use a Gift Card if you do not accept this Gift Card Agreement.
Authorized Use
Physical Gift Cards, Digital Gift Cards and In-App Cards (each, a “Gift Card” and collectively, a “Gift Cards”) may be purchased as set out below. Gift Cards purchased from Good Earth may be paid for with a valid debit or credit card (Visa, MasterCard, American Express). In addition, Physical Gift Cards may be purchased from Good Earth with cash. Notwithstanding the foregoing, the applicable payment methods available for Gift Cards purchased from Good Earth may be changed by Good Earth, in its sole and absolute discretion, at any time.
Gift Cards may only be used for making authorized purchases of food, beverages and/or other eligible items available at participating Good Earth restaurants in Canada (“Participating Restaurants”), or via the App as set out below. Total purchases using one or more Gift Card(s) for any one individual may not exceed ten thousand dollars ($10,000) CAD in one calendar day. Gift Cards cannot be used to purchase other Gift Cards. Gift Cards cannot be resold or transferred for value (Gift Cards resold or transferred for value are void). Gift Cards have no cash value and cannot be redeemed for cash, except where required by law, and cannot be used to make a payment on a credit account. Good Earth reserves the right to void the Gift Card if the issuer suspects that the Gift Card was obtained or used fraudulently, unlawfully or otherwise in violation of this Agreement.
For jurisdictions that require cash refunds: Certain jurisdictions within Canada require that cash refunds are available once a gift card has a specified amount (or less) remaining on such gift card. If applicable in your jurisdiction, you may contact our head office to complete the cash-out process for a gift card.
Expiration: Gift Cards do not expire. No dormancy fees for inactivity or service fees apply.
Except as otherwise explicitly provided herein or required by law, no refunds will be provided on any Gift Card. You may not return or cancel your Gift Card after it is purchased. Purchases made using a Gift Card may not be cancelled, returned or refunded and Good Earth has no obligation to provide refunds or credits for such purchases.
Good Earth Cafes LTD. (collectively, “Good Earth) subsidiaries, affiliates, related entities, franchisees and service providers, Givex, and any other entity or person involved in the organization, administration or fulfillment of the Gift Cards, and each of their respective officers, directors, shareholders, franchisees, employees, representatives, agents, successors and assigns (collectively, the “Released Parties”) are not responsible for lost, stolen or damaged Gift Cards or any unauthorized Gift Card use. The value of your Gift Card will not be replaced by Good Earth or any other Released Party if your Gift Card is lost, stolen or damaged. You should treat your Gift Card like cash and should safeguard your Gift Card number.
Gift Cards may be used as personal or business gifts but may not be used in connection with any marketing, advertising, or other promotional activities (including without limitation via websites, internet advertisements, email, telemarketing, sweepstakes/contests, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain Good Earth prior written approval. Such approval shall be conditioned on, among other things, execution of and compliance with Good Earth standard license agreement. Use of Good Earths name, logo, trade dress (including any image/likeness of Gift Cards) or trademarks (or those of any Released Party) in connection with the purchase or use of Gift Cards is strictly prohibited. Furthermore, the use of Gift Cards in any manner that states or implies that any person, website, business, promotion, product or service is endorsed or sponsored by, or otherwise affiliated with, Good Earth or any other Released Party is prohibited.
You will be responsible for any difference between the balance of your Gift Card and the total purchase amount.
View Balance
The balance you see when viewing Gift 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.
Physical Gift Cards and Digital Gift Cards
To view your Physical Gift Card or Digital Gift Card balance: (a) visit www,goodearthcoffeehouse.com (b) present your Gift Card to the cashier at a Participating Coffeehouse location.
In-App Cards
For In-App Cards, your balance can be viewed within the Good Earth Rewards App.
Registering Gift Cards
You may register your physical or digital gift card at goodearthcoffeehouse.com/gift-cards. If at any point you are required to open an account, you must complete the registration process by providing Good Earth with current, complete and accurate information as indicated in the applicable registration form. You will also be required to choose a password and provide a username (which will be your email address). You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify Good Earth immediately of any unauthorized access or use of your account and any other breach of security. Good Earth will not be liable for any losses you experience as a result of unauthorized access to or use of your password or account, either with or without your knowledge. However, Good Earth may hold you liable for losses incurred by Good Earth or another party due to unauthorized access or use of your account or password or other breach of security.
Physical Gift Cards
To purchase a Physical Gift Card, visit a Participating Coffeehouse location. Gift Cards are not valid and will not be honored, and Good Earth will not be liable, if obtained from unauthorized sellers, including through Internet auction sites.
A Physical Gift Card may be loaded with a minimum value of ten dollars ($10) CAD and a maximum value of two hundred fifty dollars ($250) CAD. Any attempt to load funds in excess of this maximum value will not be permitted. Physical Gift Cards may not be reloaded.
Physical Gift Cards cannot be converted to another type of Gift Card. However, you may transfer the balance of a Physical Gift Card to an In-App Card on the App or to another Physical Gift Card.
To make an authorized purchase using your Physical Gift Card, at the time of purchase present your Physical Gift Card to the cashier at a Participating Coffeehouse and the Physical Gift Card’s available balance will be applied toward your authorized purchase. If you transfer the balance of your Physical Gift Card to an In-App Card, you may make an authorized purchase as set out below.
Digital Gift Cards
To purchase a Digital Gift Card, visit www,goodearthcoffeehouse.com.
You may transfer the balance of your Digital Gift Card to another Digital Gift Card. You may also transfer the balance of a Digital Gift Card to an In-App Card on the Good Earth Rewards App. However, you cannot convert a Digital Gift Card to Physical Gift Card.
A Digital Gift Card may be loaded with minimum value of ten dollars ($10) CAD and a maximum value of two hundred fifty dollars ($250) CAD. Any attempt to load funds in excess of this maximum value will not be permitted. Digital Gift Cards cannot be reloaded. If you transfer the balance of your Digital Gift Card to an In-App Card, you may reload the In-App Card as set out on the Good Earth Rewards App.
To make an authorized purchase using your Digital Gift Card, at the time of purchase present your Digital Gift Card to the cashier at a Participating Coffeehouses and the Digital Gift Card’s available balance will be applied toward your authorized purchase. If you transfer the balance of your Digital Gift Card to an In-App Card, you may make an authorized purchase as set out below. In any such instance, the Digital Gift Card balance will be $0.
In-App Cards
To purchase an In-App Card, you must have or obtain an account on the Good Earth Rewards App or Website https://goodearth.fwc-staging.com/rewards/. To register for an account, download the App on your mobile device or visit our website at https://goodearth.fwc-staging.com/rewards/and follow the instructions. Downloading the Good Earth Rewards app, accessing the Good Earth Rewards Website and obtaining an account is free of charge.
You may transfer the balance of a Physical Gift Card or a Digital Gift Card to an In-App Card by uploading it to the Good Earth Rewards App. If you transfer the balance of a Physical Gift Card or a Digital Gift Card to an In-App Card, the following terms will apply to your In-App Card. However, you cannot convert an In-App Card to a Physical Gift Card or a Digital Gift Card. In-App Cards cannot be transferred.
An In-App Card may be loaded with minimum value of ten dollars ($10) CAD and a maximum value of two hundred fifty dollars ($250) CAD). Any attempt to load funds in excess of this maximum value will not be permitted. You may reload your In-App Card. To reload your In-App Card, visit the Good Earth Rewards App. If you load funds to your Good Earth Rewards account on the App for the first time, your funds will be automatically allocated to a new In-App Card.
To make an authorized purchase using your In-App Card, at the time of purchase present your In-App Card to the cashier at a Participating Good Earth Coffeehouse or follow the instructions to apply your In-App Card to an authorized purchase on the Good Earth Rewards App or applicable Website, and the In-App Card’s available balance will be applied toward your authorized purchase.
Limitation of Liability
THE RELEASED PARTIES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND THE RELEASED PARTIES’ SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN PROVINCIAL/TERRITORIAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
To the maximum extent permitted by applicable law, by buying, loading or using a Gift Card, you hereby: (i) release the Released Parties from any loss, liability, claim, demand, damage or expense that arises in connection with your Gift Card; and (ii) agree to accept all responsibility for, and hereby agree to indemnify, defend and hold harmless the Released Parties from and against any loss, liability, claim, demand, damage or expense asserted by any entity or person relating in any way to your breach of any of this Gift Card Agreement or that may arise from actions taken by you or for any unauthorized access to use or misuse of your Gift Card, a Website or App. Without limiting the generality of the foregoing, the Released Parties are not responsible for: (a) late, lost, misdirected, delayed, incomplete or incompatible Gift Card-related Information; (b) any failure of a Gift Card, Website, the App or any other Gift Card-related software, hardware or other type of system; (c) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, electronic transmission, computer on-line systems, servers, access providers, computer equipment or software, any inability to access a Website, App or other on-line service, the failure of any information to be received, or for any other technical or non-technical error or malfunction; (c) any injury or damage to participant’s or any other person’s computer, mobile device, tablet or other device related to or resulting from the purchase or use of a Gift Card; (d) incorrect or inaccurate transcription of information or any human error or printing error; and/or (e) any combination of the above. Without limiting the foregoing, the Released Parties are not responsible for Gift Cards that are undeliverable, that are not received or that are claimed by someone other than the intended recipient, due to failure to enter an accurate physical address or email address for the recipient at the time of purchase, or due to a recipient’s spam filter, firewall or email capacity.
For Quebec, Canada: To the extent liability in this section is due to the consequences of the Released Parties’ own act, this section will not apply to residents of Quebec.
General Terms
All Gift Card-related information is and remains the sole and exclusive property of Good Earth. The decisions of Good Earth with respect to all aspects of this Gift Card Agreement are final and binding without right of appeal.
The collection, use, and disclosure of personal information in connection with Gift Cards is governed by Good Earths Privacy Policy (https://goodearth.fwc-staging.com/privacy/, each a “Privacy Policy”). By buying, loading, or using a Gift Card, you agree that Good Earth may collect, use and disclose your personal information to administer and fulfill your Gift Card, including without limitation provide and manage your Gift Card, communicate with you about your Gift Card (including via electronic communications) and otherwise use your personal information with your consent or at your direction, as set out in our applicable Privacy Policy. This section does not limit any other consent(s) that you may provide Good Earth or others in relation to the collection, use and/or disclosure of their personal information, or alter in any way the terms or conditions of any other agreement you may have with Good Earth for other products or services.
By using a Website or the App, you acknowledge that technical processing and transmission of the Website or App (as applicable), including the information you may enter, may involve transmissions over various networks and changes to conform and adopt to technical requirements of connecting networks or devices.
The Gift Card program has no predetermined termination date and may continue until such time as Good Earth decides to terminate the issuance of the Gift Cards. Good Earth may terminate the issuance of Gift Cards at any time, with or without notice.
Good Earth reserves the right, to the fullest extent permitted by applicable law and in its sole and absolute discretion, to suspend and/or amend all or any portion of this Gift Card Agreement and any other information relating to Gift Cards at any time and without notice. Any such amendment will be to the applicable Website, and, to the fullest extent permitted by applicable law, you waive any right you may have to receive specific notice of such amendment. Only where required by applicable law or at the Sponsor’s sole discretion, the Sponsor will provide notice of amendment to this Gift Card Agreement, as set out below.
Where required by applicable law or at Good Earths sole discretion: Good Earth will provide written notice of a proposed amendment to this Gift Card Agreement at least 30 days (or such longer period as may be required by applicable law) before the amendment comes into effect, using your email address, or any other contact information Good Earth has for you, or by posting written notice to the applicable Website, in Good Earths discretion. If you do not agree with a proposed amendment, you may cancel a Gift Card purchase prior to its delivery to the recipient or request to return an issued Gift Card for a refund of the remaining balance, at no cost or penalty, by sending Good Earth a notice to that effect: (a) at any time in the 30 day period prior to the amendment coming into effect; or, (b) if the amendment increases your obligations or decreases Good Earths obligations under this Gift Card Agreement, no later than 30 days after the amendment comes into effect.
To the fullest extent permitted by applicable law, your continued use of your Gift Card following an amendment, suspension or notice period, as applicable, constitutes your full acceptance of, and agreement to be legally bound by, this Gift Card Agreement as revised. This section shall not limit the Terms of Service, any applicable additional terms incorporated by reference within the Terms of Service, the terms and conditions of the applicable Website, or the terms and conditions of the App (including, without limitation, the right for Good Earth to make changes to the App or a Website or revise the applicable App or Website terms), which may affect your ability to use your Gift Card.
As a condition of use of a Gift Card, you agree that except where prohibited by law: (a) any and all disputes, claims, and causes of action arising out of or connected with the Gift Card, shall be resolved individually, without resort to any form of class or representative action and exclusively by arbitration, as further detailed below; (b) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, including costs associated with purchasing the Gift Card, but in no event legal fees; and (c) under no circumstances will you be permitted to seek recovery for, and you hereby waive any and all rights to claim or seek recovery of punitive, incidental and/or consequential damages, other than for actual out-of-pocket expenses, and waive any and all rights to have damages multiplied or otherwise increased.
Arbitration: For all residents, you agree that except where otherwise prohibited by law, any and all disputes, causes of action, controversy or claim arising out of, connected with or relating to the Gift Cards, use of the Gift Cards, the Gift Card Agreement, shall be settled by binding arbitration. Arbitration shall be commenced and conducted before the Canadian Arbitration Association, pursuant to the general Canadian Arbitration Association Rules for Arbitration, in Calgary, Alberta and in accordance with the provisions of the Arbitration Act (Alberta).
In the event a dispute cannot, by applicable law, be subject to binding arbitration, the parties hereto irrevocably submit to the courts of the applicable jurisdiction as set out below.
For Canada (excluding Quebec): All issues and questions concerning the construction, validity, interpretation and enforceability of this Gift Card Agreement, or the rights and obligations of you and the Released Parties in connection with Gift Cards shall be governed by, and construed in accordance with, the laws of the province of Alberta and the Federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any other jurisdiction. As applicable, you hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Alberta in the City of Calgary in relation to all disputes arising from or related to this Gift Card Agreement, and any related matters.