The MacEwen Gift Card ("Gift Card") is issued
by MacEwen Petroleum Inc. (MacEwen). Gift Cards may only be
purchased from a participating MacEwen location, and must be
activated by the location at the time of purchase. You can load (or
reload) a dollar value on the MacEwen Gift Card at participating
MacEwen locations using cash, an approved credit card (Visa;
MasterCard or debit card where available). Gift Cards have no
value until activated, and successfully processed within the
MacEwen computer system for the Gift Card's face amount (you must
save the receipt for the Gift Card's purchase as that receipt will
be the only method accepted by MacEwen to substantiate your
purchase in the unlikely event that a computer error occurs and
your card's activation is not successfully processed).
Currently, at retail level, you may load a minimum of $10.00 to a
maximum of $100.00 worth of value to your MacEwen Gift Card.
The maximum amount that can be charged to a credit card is $200.00
per day. MacEwen may change the maximum or minimum amount
that may be loaded onto your MacEwen Gift Card at any time in its
sole discretion, and we will post such changes online. Once
activated by a participating MacEwen location and paid for by the
customer, the Gift Card may be redeemed for any products and
services available at any participating MacEwen station that are
offered for sale by MacEwen with the following exceptions: it may
not be redeemed for goods or services at a third party business
sharing facilities at a MacEwen station, the Gift Card cannot be
used to make credit card payments, it cannot be redeemed for cash,
it is not refundable or returnable, change will not be given from
it and the Gift Card cannot be used to purchase another Gift
Card.
No interest, dividends, or any other earnings on funds deposited
onto a MacEwen Card will accrue or be paid or credited to you by
MacEwen Petroleum Inc. The value associated with the MacEwen Gift
Card is not insured by either the Canadian Deposit Insurance
Corporation (CDIC) or the Federal Deposit Insurance Corporation
(FDIC).
To redeem the value of the Gift Card, the activated Gift Card must
be presented at the time a purchase is made. The full amount of the
Gift Card will be applied to reduce the transaction amount total,
and if there is a remaining value at the end of a transaction, that
remaining value may be applied towards future purchases. If a
purchase exceeds the amount on the Gift Card, the cardholder is
responsible for paying the difference at the time of purchase. The
amount applied towards a purchase will be stated on the customer
receipt as will any remaining value on the Gift Card. Taxes are not
charged on the purchase of a Gift Card; however, applicable taxes
will be charged on the items purchased when redeeming a Gift
Card.
Safely protect Gift Cards and treat them like cash. MacEwen is
not responsible for any Gift Cards that are lost, stolen,
destroyed, altered or used without the cardholder's permission. The
Gift Card cannot be replaced or refunded if lost, stolen,
destroyed, altered and all unauthorized usage of the Gift Card is
solely the responsibility of the cardholder. MacEwen will not
honour Gift Cards that are obtained by fraud or theft and reserves
the right to cancel any such Gift Cards.
Effective October 1, 2007, new regulations under the Consumer
Protection Act prohibit expiry dates on gift cards. The rules apply
to pre-paid and re-loadable gift cards and gift certificates sold
by retailers. A gift card that is given away for promotional
purposes or sold at a discount by retailers is not covered by the
new law. Subject to applicable laws, MacEwen Gift Cards have
no predetermined expiry date, are reloadable, and are valid until
such time as the account balance on a Gift Card is exhausted.
MacEwen does not charge any fees for the issuance, activation, or
use of your MacEwen Gift Card. MacEwen Gift Cards with a zero
balance will be deactivated after two (2) years from the date of
last use.
We may amend the terms or conditions of this agreement at any
time, including any rights or obligations you or we may have. We
will post the terms and conditions of the amended agreement on our
web site. As permitted by applicable law, any amendment will become
effective at the time we post the amended agreement on our web site
or as otherwise stated in our notice to you. Unless we state
otherwise, the amendment will apply to your future and existing
MacEwen Gift Cards. You are deemed to accept the amendments 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 your MacEwen Gift Card after such notice
period. If you do not accept the amendments, upon written request,
your MacEwen Gift Card will be cancelled and any amounts remaining
on your MacEwen Gift Card will be refunded to you. MacEwen, at its
sole discretion, reserves the right to take any action or make any
decision which in its sole opinion preserves the MacEwen Gift Card
program integrity. MacEwen makes no warranties, express or implied,
with respect to Gift Cards, including and without limitation, any
express or implied warranty of merchantability or fitness for a
particular purpose. In the event that an activated and paid for
with proof of purchase Gift Card is non-functional, the sole
remedy, and MacEwen's sole liability, shall be the replacement of
such Gift Card with the face value of the Gift Card originally
purchased. For customer assistance, telephone MacEwen Petroleum
Inc. at 1-800-267-7175. Any personal information given to the
MacEwen is subject to the MacEwen Privacy Policy. If you are using
MacEwen Gift Cards for any marketing, advertising or other
promotional activities you must obtain MacEwen's prior written
approval. If you are ordering more than 100 MacEwen Gift Card units
or are interested in using the cards for promotional purposes,
please contact MacEwen Petroleum Inc. at (613) 527-2100.
If a customer has an issue with a MacEwen Gift Card, the customer
must contact MacEwen Petroleum Inc. at 1-800-267-7175 and be able
to provide proof of purchase (transaction receipt showing
activation, purchase and payment of the MacEwen Gift Card).
GOVERNING LAW
The Program shall be governed by the laws of Ontario and the laws
of Canada applicable therein. Any disputes regarding the Program or
in any way arising out of the Program, shall be submitted to the
courts of Ontario whose courts shall have exclusive jurisdiction to
hear such disputes.
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 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 our relationship. Any dispute
or claim made by you against us (or against any of our subsidiary,
parent or affiliate companies) arising out of or relating to this
agreement or your use of the MacEwen Gift 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.
Arbitration Procedures
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
Arbitrations Act(Ontario) as modified by this agreement. Unless you
and we agree otherwise, any arbitration will take place in
Ottawa,Ontario, 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 entering
into 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.
Disclaimers and Limits of Liability
MACEWEN PETROLEUM INC. MAKE NO REPRESENTATIONS, WARRANTIES OR
CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE
MACEWEN CARD, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES
OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY
USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. SOME
STATES/JURISDICTIONS DO NOT ALLOW THE LIMITATION OF IMPLIED
WARRANTIES, SO THIS MAY NOT BE APPLICABLE TO YOU. MACEWEN
PETROLEUM INC. DOES NOT REPRESENT OR WARRANT THAT YOUR MACEWEN GIFT
CARD WILL ALWAYS BE ACCEPTED OR THE MACEWEN GIFT CARD PROGRAM WILL
ALWAYS BE ACCESSIBLE. IN THE EVENT THAT MACEWEN 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 MACEWEN CARD PRIOR TO THE TIME AT WHICH
SUCH DAMAGES AROSE. MACEWEN AND ITS AFFILIATES SHALL HAVE NO
LIABILITY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR
PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT,
REVENUE, USE OR DATA) ARISING OUT OF OR IN ANY WAY CONNECTED WITH
THIS AGREEMENT, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH),
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 MACEWEN OR ITS
AFFILIATES HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR
ALTERATION, THEFT OR DESTRUCTION OF A MACEWEN GIFT 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.