4moms Gift Card Terms and Conditions
Last updated on March 1, 2021.
Thorley Industries, LLC, doing business as 4moms, and its affiliates and subsidiaries (collectively “4moms,” “we,” “us” or “our”) offer for purchase electronic gift cards through https://www.4moms.com/products/gift-card. These Gift Card Terms and Conditions (“Gift Card Terms”) apply to all purchasers and/or users of 4moms gift cards (“you”, “your”). Our gift cards are administered by Shopify (https://www.shopify.com/), an Ottawa, Canada company.
4moms reserves the right to change these Gift Card Terms without notice at any time, yet the changes will only apply to 4moms gift card purchases made after such changes. We will post any updated version of these Gift Card Terms to our www.4moms.com site, and the updated version will be effective once posted. Please check the www.4moms.com site regularly for updates. All of the terms and conditions in these Gift Cards Terms are applicable to the extent permitted by law.
4moms Gift Cards - Purchase and Use
4moms gift cards can only be purchased through https://www.4moms.com/products/gift-card. When you purchase a 4moms gift card, you/the intended recipient will receive an email receipt with a unique Shopify link that will link to a page with the starting value of the 4moms gift card and the gift card code. The purchaser of the 4moms gift card will also receive a separate receipt for the purchase.
Once you get to the checkout screen to purchase goods or services on www.4moms.com, you will be able to enter the 4mom gift card code. Funds will first be deducted from your 4moms gift card and applied to your www.4moms.com purchase amount/transaction (which can include taxes and shipping). Any remaining 4moms gift card amount/balance that is not used during a www.4moms.com transaction/purchase will be retained on the same 4moms gift card code for future use. If your www.4moms.com transaction/purchase amount exceeds the balance of any entered 4moms gift card codes, you will need to select or add an additional method of payment (e.g., credit card) to cover the difference or the transaction will be cancelled. 4moms gift cards can only be used to purchase eligible goods and services from www.4moms.com. 4moms gift cards cannot be used for purchases on any other sites, including 4moms.ca. More than one 4moms gift card can be used for a single transaction at www.4moms.com. The eligible goods and services are subject to change at the sole discretion of 4moms. 4moms gift cards cannot be used to purchase other 4moms gift cards. 4moms gift cards can only be purchased by individuals located in the United States and Canada. 4moms gift cards will not be issued to compensate you for unshipped products.
4moms gift cards generally do not expire. However, for United States 4moms gift cards only, if an unused 4moms gift card balance is deemed legally abandoned after a period of time under applicable state and others laws, the unused balance may have to be sent to the applicable state or governmental entity.
No activation, dormancy, inactivity, service or other added fees apply to 4moms gift cards.
Eligible merchandise purchased using a 4moms gift card may be returned in accordance with 4moms’ Return Policy: https://4moms.zendesk.com/hc/en-us/articles/360040518252-Shipping-and-Returns#returns
If you want to check the balance of any 4moms gift card, please contact us by calling 1-888-614-6667 or emailing email@example.com.
4moms may run promotions from time to time that involve 4moms gift cards. If a 4moms gift card is offered as part of a promotion, please see those specific terms for additional details about the promotion found on https://www.4moms.com The terms of any 4moms gift card promotion may be changed at any time and for any reason without prior notice, including ending such promotion. For greater certainty, these Gift Card Terms shall apply to all 4moms gift cards issued as part of such promotions.
Other Restrictions and Limitations
4moms gift cards cannot be reloaded or have any monetary value or amounts added to a specific 4moms gift card code after the initial purchase of the gift card. 4moms gift cards cannot be returned or cancelled unless required by law. 4moms gift card balances cannot be resold or transferred, and cannot be redeemed or exchanged/returned for cash or any other prepaid payment mechanism or instrument except as required by law. 4moms gift cards cannot be used to make a payment on a credit account. 4moms gift cards cannot be used with credit card splits. Only one payment option (one credit or debit card, PayPal, or Affirm Financing) may be combined with a 4moms gift card to make a purchase.
In connection with the purchase and/or use of 4moms gift cards, you also may not:
- Engage in any unauthorized commercial (e.g., purchase 4moms products for resale or export), advertising, marketing, or promotional (e.g., sweepstakes) efforts;
- Engage in any behavior that is fraudulent, deceptive, disruptive, unfair, illegal, and/or harmful to 4moms or its affiliates, reputation, or customers;
- Redeem a 4moms gift card if you are not the intended recipient;
- Purchase a 4moms gift card from an unauthorized third party; and/or
- Use a 4moms gift card as payment for 4moms goods or services not available on www.4moms.com.
The above list is not exhaustive. Any use of a 4moms gift card in violation of these 4moms Gift Card Terms may result in any applicable gift card being cancelled or suspended in whole or in part without a refund to the extent allowed by law. 4moms reserves the right, without notice to you, to suspend or permanently cancel or void any 4moms gift card balance without a refund to the extent allowed by law. 4moms also reserves the right to request an alternate form of payment for any www.4moms.com transaction where a 4moms gift card is used. Any 4moms gift card that is suspended, cancelled, or voided in whole or in part may result in the cancellation of any www.4moms.com orders that were paid in whole or part with the applicable 4moms gift card.
Disclaimer of Warranties and Limitation of Liability
4MOMS, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, BUSINESS PARTNERS, AND ANY OTHER PARTY INVOLVED IN THE CREATION, ADMINISTRATION, OR TRANSMISSION OF 4MOMS GIFT CARDS (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO ANY 4MOMS GIFT CARDS TO THE FULL EXTENT PERMITTED BY LAW. MORE SPECIFICALLY, TO THE EXTENT PERMITTED BY LAW, THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN THE EVENT THAT A 4MOMS GIFT CARD DOES WORK OR FUNCTION PROPERLY, YOUR SOLE REMEDY (AND THE COMPANY PARTIES’ SOLE LIABILITY) SHALL ONLY BE THE REPLACEMENT OF THE NON-FUNCTIONING GIFT CARD TO THE EXTENT PERMITTED BY LAW.
ALL PROVISIONS IN THESE GIFT CARD TERMS ARE APPLICABLE TO THE EXTENT PERMITTED BY LAW.
To the extent permitted by law, you agree to defend, indemnify, and hold harmless the Company Parties from and against any claims, actions, demands, losses, costs, damages, liabilities, judgments, awards, and expenses (including, without limitation, reasonable legal and accounting fees, attorneys’ fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) the Company Parties suffer in relation to, arising or resulting from, or for the purpose of avoiding, any claim or demand from a third party that relates to your purchase and/or use of a 4moms gift card, your breach of these Gift Card Terms, or any violation of an applicable law or regulation by you. The Company Parties shall provide notice to you of any such claim, suit, or proceeding. The Company Parties reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests to assist the Company Parties in defense of such matter. Your indemnification obligations shall survive the termination of these Gift Card Terms.
The title to a 4moms gift card and any risk of loss pass to you once the 4moms gift card email with the link to the 4moms gift card code is transmitted/sent to you (which may not always be the purchaser of the 4moms gift card).
You are responsible for making sure any 4moms gift card balance is not used by an unauthorized party. 4moms is not legally responsible for, and does not assume any liability to you or anyone else, if your 4moms gift card code or balance is stolen, lost, used by an unauthorized party, or used by you as a result of some third party fraud or gift card scam. If you become aware that an unauthorized party has access to your 4moms gift card code or balance, please contact us at firstname.lastname@example.org. 4moms makes no guarantee it can help stop the unauthorized behavior. 4moms reserves the right to request additional information or verification related to your identity before a 4moms gift card is used.
These Gift Card Terms, any dispute involving the purchase or use of a 4moms gift card, and the relationship between you and 4moms, shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. You agree to first contact 4moms at email@example.com regarding any claim or controversy arising out of or relating to any 4moms gift card and/or these Gift Card Terms. You agree that regardless of any statute, law or regulation to the contrary, you must file any such claim within one (1) year after such claim arose or it is forever barred. To the extent permitted by applicable law (and for certainty, excluding residents of Quebec, Canada), you and 4moms agree to submit to the personal and exclusive arbitration of any disputes or claims relating to your purchase and/or use of a 4moms gift card under the rules of the American Arbitration Association (with the exception of seeking to enjoin an alleged intellectual property infringement). Any such arbitration, to the extent necessary, shall be conducted in Pittsburgh, Pennsylvania. You covenant not to sue 4moms in any other forum. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. You agree that 4moms may recover reasonable attorneys’ fees from you if 4moms prevails in an action for injunctive relief against you. Any dispute resolution proceeding involving 4moms gift cards will only be conducted on an individual basis and not in a class or other consolidated or representative proceeding.
Last updated on March 1, 2021.