Osmow’s Gift Card Terms and Conditions

IMPORTANT – PLEASE READ: The following agreement describes the terms and conditions that apply to the pre-paid account of your gift card in Canada and the United States between you and Osmow’s Inc. and Osmow’s Fz Corp., which carry on business through their affiliates and franchisees as Osmow’s (hereafter collectively, “Osmow’s”).

By using your gift card, you agree to the terms and conditions of this agreement. Please keep a copy of this agreement for your records. The terms and conditions of this agreement will govern the use of the gift card by you or anyone else who holds or uses the gift card.

Agreement to Terms

The following Gift Card Terms and Conditions (the “Gift Card Agreement”) describes the terms and conditions that apply to the use of any Osmow’s gift card. By buying, loading, or using a gift card, 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 disclaimer of warranties, damage and remedy exclusions and limitations, binding arbitration, and choice of law as set out below.

You also agree to be legally bound by (and to comply with) the Osmow’s general Terms of Service (the “Terms of Service”) available at Privacy Policy (which, for certainty, governs any use of any other Osmow’s online services and platforms),the applicable Privacy Policy (defined below), and any other applicable additional terms incorporated by reference within the Terms of Service and the applicable website terms and conditions.

This Gift Card Agreement is a binding legal contract between you and Osmow’s. Please read this Gift Card Agreement carefully before buying, loading or using an Osmow’s Gift Card. Do not buy, load, accept or otherwise use a gift card if you do not accept this Gift Card Agreement.

USE

Gift Cards purchased in Canada may be used in Canada or the United States and vice versa. When you use your gift card at an Osmow’s restaurant in a country different from the issuing country, the amount charged is based on an automatic currency conversion based on the then current exchange rate as set by our point of sale system. No fees are charged to your gift card for the conversion.

The gift card allows you to load a dollar value on to your gift card for future purchases at participating Osmow’s restaurants. The dollar value that you load on your gift card is a pre-payment only for the goods and services at participating Osmow’s restaurants. No deposit account, credit line or overdraft protection is associated with a gift card. Unless otherwise required by law or permitted by this agreement, any amount on your gift card is non-refundable and may not be redeemed for cash at Osmow’s restaurants unless specifically required pursuant to legislation such as for less than $5 balances in the Province of Quebec, Canada. No interest, dividends, or any other earnings on funds deposited onto a gift card will accrue or be paid or credited to you. The value associated with the gift card is not insured by either the Canadian Deposit Insurance Corporation (CDIC) or the Federal Deposit Insurance Corporation (FDIC).

Use of a gift card is limited to participating Osmow’s locations. We reserve the right not to accept, load, reload or re-issue any gift card or otherwise limit the use of a gift card if we reasonably believe that the use is unauthorized, fraudulent, or otherwise unlawful.

Gift cards may only be used for making authorized purchases of food, beverages and/or other eligible items available at participating Osmow’s restaurants in Canada and the United States (“Participating Restaurants”). Total purchases using one or more gift card(s)for any one individual may not exceed one thousand dollars ($1,000) CAD or USD (as applicable) 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.

REFUND & FEES

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. In Canada, purchases made using a Gift card may not be cancelled, returned or refunded and Osmow’s has no obligation to provide refunds or credits for such purchases.

For jurisdictions that require cash refunds: Certain jurisdictions within the United States and Canada require that cash refunds are available once a gift card has a specified amount (or less) remaining. If applicable in your jurisdiction, you may visit a participating Osmow’s restaurant to complete the cash-out process for a gift card.

Expiration and Fees: Gift cards do not expire. We do not charge dormancy fees for inactivity or fees to activate, issue or use your gift card.

Balance

To view your Gift Card balance: (a) present your gift card to the cashier at a Participating Restaurant;  (b) contact us via our form on our Website; or (c) call 905-625-3445. You will also see your balance on the receipt after you make a purchase with your gift card at a Participating Restaurant.

The balance you see on the receipt or are told when requesting gift card balances over the telephone is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase, but there may be delays.

Purchasing, Loading and Reloading Gift Cards

To purchase a gift card, visit a Participating Restaurant or the Website,. You can load (or reload) a dollar value on the gift card at participating Osmow’s restaurants using cash, an approved credit card or debit card (where available).

To make an authorized purchase using your gift card, at the time of purchase present your gift card to the cashier at a Participating Restaurant and the gift card’s available balance will be applied toward your authorized purchase. You are responsible for any difference between the gift card balance and the purchase price.

A gift card may be loaded with a maximum value of five hundred dollars ($500) CAD or USD (as applicable).Any attempt to load funds in excess of this maximum value will not be permitted. You may reload your gift card (subject to the maximum value above). We may change these maximum or minimum amounts at any time in our sole discretion, and we will post such changes online.

LIMITATION OF LIABILITY

Osmow’s Inc. and Osmow’s Fz Corp. (collectively, “Osmow’s“), Osmow’s parent company, subsidiaries, affiliates, related entities, franchisees and service providers and any other entity or person involved in the organization, administration or fulfillment of 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 Osmow’s or any other Released Party if your gift card is lost, stolen or damaged. You should treat your gift card like cash and 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 Osmow’s prior written approval. Such approval shall be conditioned on, among other things, execution of and compliance with Osmow’s standard license agreement. Use of Osmow’s 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, Osmow’s or any other Released Party is prohibited.

You are responsible for any difference between the balance of your gift card and the total purchase amount.

THE RELEASED PARTIES DISCLAIM ALL  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/STATE 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 permissible under 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, your use of the gift card, website or app including any unauthorized access or misuse of your gift card, a Website or App; and (iii) waive any claim you may have against the Released Parties in connection with the  gift card. 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 other software, hardware or other type of system related to the gift card; (c) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those related to the telephone network or lines, electronic transmission, computer systems, servers, access providers, 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; (d) 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; (e) incorrect or inaccurate transcription of information or any human error or printing error; and/or (f) 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 incorrect physical or email address information entered 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 Osmow’s. The decisions of Osmow’s 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 Osmow’s Privacy Policy (available at Privacy Policy (for Canada) and at Privacy Policy (for the United States), each a “Privacy Policy”). By buying, loading, or using a Gift card, you agree that Osmow’s 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 Osmow’s 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 Osmow’s 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 Osmow’s decides to terminate the issuance of the gift cards. Osmow’s may terminate the issuance of gift cards at any time, with or without notice.

Amendment(s) to this Agreement

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 Website. As permitted by applicable law, any amendment will become effective at the time we post the amended agreement on our website or as otherwise stated in our notice to you. Unless we state otherwise, the amendment will apply to your future and existing gift card. 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 gift card after such notice period. If you do not accept the amendments, upon written request, your gift card will be cancelled and any amounts remaining on a gift card will be refunded to you.

Where required by applicable law or at Osmow’s sole discretion: Osmow’s 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, mailing address, or any other contact information Osmow’s has for you, or by posting written notice to the applicable Website, in Osmow’s’ 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 Osmow’s 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 Osmow’s 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 Osmow’s 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.

Suspension or Termination of this Agreement

We may suspend or terminate this agreement in whole or in part at any time and for any reason or no reason without notice or liability to you, including in connection with the termination of the gift card program. If we terminate this agreement without cause, we will refund or issue restaurant credits equal to the balance held in your gift card account.

Governing Law

This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the Federal laws of Canada applicable therein, notwithstanding any conflict of law rules.

Entire Agreement

This agreement is the complete and exclusive statement of agreement between you and Osmow’s, and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this agreement shall be 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. Headings herein are for convenience of reference only and shall in no way affect interpretation of this agreement.

Errors and corrections

Osmow’s reserves the right: (i) to correct your gift card balance if we believe that a clerical, billing, or accounting error has occurred; and (ii) to refuse to honor a gift card obtained fraudulently.

We shall have no liability for any billing error unless you provide us notice within sixty (60) days of the date of the transaction in question. You should monitor your transactions and account balances closely.

Arbitration:

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.

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.

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. For Canada, arbitration shall be commenced and conducted before the Canadian Arbitration Association, pursuant to the general Canadian Arbitration Association Rules for Arbitration, in Toronto, Ontario and in accordance with the provisions of the Arbitration Act (Ontario). For the United States, arbitration shall be commenced and conducted before the American Arbitration Association, pursuant to the International Arbitration Rules of the American Arbitration Association, in Dade County, Florida. The language of the arbitration shall be English. Any party may serve notice of its desire to refer a dispute to arbitration. The arbitration shall be conducted by a single arbitrator. The decision arrived at by the arbitrator shall be final and binding and no appeal shall lie therefrom. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

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 Ontario 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 Ontario in the City of Toronto in relation to all disputes arising from or related to this gift card Agreement, and any related matters.

For Quebec, Canada: 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 Quebec, Canada and the applicable Federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. As applicable, you hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Quebec in the City of Montreal in relation to all disputes arising from or related to the gift card Agreement, and any related matters.

For the United States: 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 State of Florida, without giving effect to any choice of law or conflict of law rules or provisions(whether of the State of Florida, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Florida.  As applicable, you hereby irrevocably submit to the exclusive jurisdiction of the courts of the State of Florida in Dade County in relation to all disputes arising from or related to this Gift card Agreement, the Gift cards, and any related matters.

ARBITRATION NOTICE FOR USERS IN THE UNITED STATES: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Questions or Assistance

If you need assistance with any aspect of your Gift card purchase, ownership, or use, please contact by calling 905-625-3445 (for both Canada and the United States).