MacEwen Gift Card Terms

img_giftcardThe 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.

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