Edo Japan Gift Card Terms of Use
Last updated November 14, 2023
These Terms of Use apply to Edo Japan gift cards and eGift cards (collectively, “Gift Cards”). Your purchase, reloading or use of a Gift Card constitutes your acceptance of and agreement to be bound by these Terms of Use (the “Agreement”).
When you use the edojapan.com website (the “Site”) or the mobile application (the “App”) of Edo Japan Restaurants Ltd. and its affiliates (“Edo”, “we”, “us”, “our”) in connection with your Gift Card, the terms of use located at https://www.edojapan.com/terms-of-use/ will also apply.
- Purchasing and Reloading
Gift Cards can be purchased in-person at participating Edo Japan restaurants, on the Site or on the App, or at participating grocery stores and other retail locations. You can only reload Gift Cards on the Site or at participating Edo Japan restaurants. The dollar value that you purchase or reload onto your Gift Card is a prepayment for the goods of participating stores.
Gift Cards purchased online or at participating grocery stores and other retail locations can only be purchased in set denominations, as offered and available from time to time. At participating Edo Japan restaurants, Gift Cards can be purchased or reloaded for any amount to a maximum of up to CDN $500.00. We may change these amounts at any time without notice to you.
- Redemption and Use
Gift Cards are redeemable at participating Edo Japan restaurants and on the Site and the App. Unless otherwise required by law, Gift Cards cannot be returned or redeemed for cash and the amount on your Gift Card is non-refundable. Gift Cards are not for resale.
- Balance, Transaction History and Billing Errors
You can check the balance of your Gift Card at any participating Edo Japan restaurant or on the Site or the App. Your Gift Card balance also appears on your receipt when you make a purchase with your Gift Card at a participating Edo Japan restaurant in Canada or online. You are responsible for retaining your receipts from the purchase, reloading or use of your Gift Card, as this will be required in the event of a dispute relating to Gift Card balance. If you load your balance from a physical Edo Japan gift card onto the Site or the App, you should retain your physical card for your records. We will not send you statements of activity on your Gift Card.
Edo reserves the right to adjust and correct the balance on your Gift Card in the event we believe that an administrative, accounting or billing error has occurred. If you have questions or concerns regarding any Gift Card transactions or any correction, please visit www.edojapan.com/contact-us/ > Gift Cards. If you provide sufficient details within 60 days of the date of the transaction in question, we will review your claim and advise you of the outcome of the review.
- Fees and Expiration
There are no fees associated with your Gift Card, and Gift Cards do not expire.
- Lost, Misplaced or Stolen Cards and Fraudulent Transactions
Your Gift Card should be treated like cash and safeguarded accordingly. Title to and risk of loss for a Gift Card passes to the purchaser upon sale.
Edo reserves the right to refuse to sell, accept, or reload any Gift Card or to otherwise limit the use of a Gift Card if Edo reasonably believes that the use is unauthorized, fraudulent, or otherwise unlawful. Notwithstanding the foregoing, Edo will not be responsible if your Gift Card is used without your permission and you will not be entitled to a refund of any kind in the event your Gift Card is lost, misplaced or stolen.
- Privacy
To learn more about and understand our data collection practices, please see our Privacy Policy at https://edojapan.com/privacy-policy/. By accessing or using a Gift Card, you agree that Edo can collect and use your personal information in accordance with our Privacy Policy.
- Changes to this Agreement
We reserve the right, in our sole discretion and at any time, to revise and update this Agreement. Unless otherwise required by law, any and all such modifications are effective immediately upon posting and apply to all existing and future Gift Cards. It is your responsibility to ensure that you are aware of the current terms of this Agreement when you purchase or use a Gift Card. Your purchase or use of a Gift Card after any such changes come into effect will constitute your acceptance of such changes.
- Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. THIS SECTION PROVIDES FOR RESOLUTION OF MOST DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT THROUGH ARBITRATION INSTEAD OF COURT (INCLUDING BUT NOT LIMITED TO CLASS ACTIONS). AN ARBITRATOR DECIDES THE OUTCOME OF A DISPUTE BASED ON EVIDENCE AND LAW. ARBITRATION IS FINAL AND BINDING. THE OUTCOME OF AN ARBITRATION CAN BE ENFORCED LIKE A COURT ORDER AND IS SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT.
Binding Arbitration
All claims or disputes arising out of or relating to this Agreement or your use of the Gift Card (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) shall be finally resolved by binding arbitration as set out in this Agreement except that you may take any such disputes or claims to a small claims court having proper jurisdiction if they qualify to be decided in that court. However, even for those claims that may be taken to small claims court, you and Edo both waive any claims for punitive damages and any right to pursue claims on a class action or representative basis.
Arbitration Procedures
You must first present any claims or disputes to us by contacting us at www.edojapan.com/contact-us/ > Gift Cards to allow us an opportunity to resolve the matter. You may commence an arbitration against Edo if your claims are not resolved within sixty (60) days after contacting us as set out above.
The arbitration of any claims or disputes under this Agreement shall be conducted in accordance with the Arbitration Act (Alberta) as modified by this Agreement. Unless you and Edo agree otherwise in writing, the place of arbitration shall be Calgary, Alberta, Canada, and it will be conducted in the English language. The arbitral tribunal shall be composed of a single arbitrator.
An arbitrator appointed under this Agreement 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 under this Agreement shall be private and confidential. Neither you nor Edo 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. You and Edo agree not to appeal any arbitration decision or award made under this Agreement to any court. If any portion of this arbitration clause is determined by a court to be unenforceable, inapplicable or invalid, the remainder of this arbitration clause shall remain in force.
Costs of Arbitration
All administrative fees and expenses of an arbitration will be divided equally between you and Edo. In all arbitrations under this Agreement, each party will bear its own expenses, including but not limited to, the costs of its legal counsel, experts and witnesses.
- Waiver of Punitive Damage Claims and Class Actions
By entering into this Agreement, both you and Edo are waiving certain rights to litigate disputes in court. If, for any reason, this arbitration clause is deemed unenforceable, inapplicable or invalid, you and Edo 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
GIFT CARDS ARE PROVIDED ON AN “AS IS” BASIS, AND EDO DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EDO AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT YOUR GIFT CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED. EDO, ITS AFFILIATES AND FRANCHISEES, AND PARTICIPATING RETAIL LOCATIONS SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE GIFT CARDS OR USE OF SUCH GIFT CARDS. IN THE EVENT THAT EDO OR ITS AFFILIATES OR FRANCHISEES ARE FOUND LIABLE TO YOU, YOUR SOLE REMEDY WILL BE TO RECOVER ACTUAL AND DIRECT DAMAGES WHICH SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR GIFT CARD. THE LIMITATIONS IN THIS SECTION WILL APPLY TO THE GREATEST EXTENT ALLOWED BY LAW.
- Miscellaneous
Entire Agreement. This Agreement constitutes the entire agreement between you and Edo related to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, and representations and warranties, both written and oral, related to the subject matter of this Agreement.
Governing Law. This Agreement is governed by and is to be 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 or conflict of law rule in any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods.
Waiver of Jury Trial. Both parties hereby waive their right to a trial by jury in any legal proceeding arising out of or related to this Agreement.
Transfer and Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Edo without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. This Agreement binds and enures to the benefit of each party and the party’s successors and permitted assigns.
Severability and Waiver. If any provision of this Agreement is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be severed from this Agreement and the remaining provisions will continue in full force and effect, without amendment. Edo’s failure to enforce, or delay in enforcing, any of the provisions of this Agreement will not operate as a waiver of any of Edo’s rights or privileges under this Agreement.
Construction. The headings used in this Agreement are included solely for convenience of reference and are not to be used to interpret, construe, define, or describe the scope of any aspect of this Agreement.
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