Gift Card Terms and Conditions:
The following PetSmart Gift Card Terms and Conditions (this “Agreement”) describe the terms and conditions that apply to use of PetSmart gift cards, including electronic gift cards ("eGift Cards") (collectively “Gift Cards”) in the United States and Canada. This Agreement is between you (the “Cardholder”) and the issuer of the Card (“Issuer”). The Issuer shall be PetsCard, LLC. By purchasing, accepting or using your Gift Card, you agree to be bound by this Agreement. If you do not agree with this Agreement, do not purchase, use or accept the Gift Card.
1. About Your Card.
The Gift Card is issued by Issuer, as defined above. Issuer is the sole legal obligor to the Cardholder. PetSmart, Inc. and its affiliates and related entities (other than Issuer) bear no responsibility or liability for any Gift Card, and you hereby knowingly release PetSmart, Inc. and its affiliates and related entities (other than Issuer) from any and all liability or claims of any nature whatsoever arising in connection with the Gift Card. Gift Cards can be purchased at participating PetSmart retail locations in the United States and Canada, and online at www.petsmart.com/buygiftcards and www.petsmart.ca/buygiftcards. Gift Cards are only valid if obtained from a participating PetSmart retail location, www.petsmart.com/buygiftcards, www.petsmart.ca/buygiftcards, or another authorized distributor. Gift Cards are not valid if obtained from unauthorized sellers or resellers, including through Internet auction sites. Gift Cards are not debit or credit cards.
2. Balance Inquiry.
To check your Gift Card balance, please visit www.petsmart.com/checkbalance and www.petsmart.ca/checkbalance and select "Check Your Gift Card Balance." Enter the 16-digit Gift Card number and you will see your balance immediately. You can also check your Gift Card balance by calling 800-820-6189.
Gift Cards do not expire or carry service fees on any unused balances.
Gift Cards are redeemable for merchandise, Grooming, PetsHotel, Doggie Day Camp, and Training services at PetSmart retail locations in the United States and Canada and online at www.petsmart.com and www.petsmart.ca. Gift Cards may not be used to make charitable donations or to buy other gift cards. Gift Cards cannot be redeemed for cash, except where required by law.
Physical Gift Cards may be reloaded with value at any PetSmart retail location in the United States and Canada. Egift Cards cannot be reloaded with value at this time.
6. No Refunds.
Gift Cards are not refundable or redeemable for cash unless required by law. You may not return or cancel your eGift Card after it is received.
7. Lost, Damaged or Stolen Card.
Please treat a Gift Card as you would cash. The value of the lost or stolen Gift Card is non-refundable. Issuer may issue a new Gift Card for the unredeemed balance of a lost, stolen or damaged Gift Card upon receipt of adequate proof of purchase and card number. If your order was lost or stolen during shipment, please email us at firstname.lastname@example.org.
The maximum value that can be associated with any one Gift Card is five hundred dollars ($500.00) and total purchases of Gift Cards for any one individual may not exceed ten thousand dollars ($10,000.00) in one calendar day. Gift Cards cannot be resold or transferred for value. Gift Cards are void if resold or transferred for value.
10. Limitation of Liability.
ISSUER AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
11. Governing Law.
The laws of the State of Arizona, without regard to principles of conflict of laws, shall govern this Agreement and use of your Card.
12. Changes to Agreement.
Issuer reserves the right to change this Agreement from time to time in its discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement at www.petsmart.com/giftcardterms and www.petsmart.ca/giftcardterms.
Issuer reserves the right to refuse to honor a Gift Card where Issuer suspects that the Gift Card was obtained fraudulently.
14. Arbitration Agreement
The parties acknowledge that any statutory or common law claims related to intellectual property may require forms of equitable relief that are best administered by courts; accordingly, the parties agree that except for statutory or common law claims related to intellectual property and disputes that qualify for small claims court, any controversy or claim arising out of or relating to this Agreement or any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved by arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction located in the County of Maricopa in the State of Arizona. For more information about arbitration, the AAA and the arbitration process, please consult the American Arbitration Association web site at www.adr.org. You agree that by entering into this Agreement, you and we are each waiving the right to trial by jury, except as otherwise stated above. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and, by entering into this Agreement, you are giving up the ability to participate in a class action. All issues are for the arbitrator to decide, except that issues relating to the scope, application, and enforceability of the arbitration provision are for the court to decide. As stated in the General section below, Arizona law applies to any arbitration under this section, but the parties acknowledge that the Federal Arbitration Act governs the interpretation and enforcement of this provision. This agreement to arbitrate shall survive termination of this Agreement. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.
Unless you and we agree otherwise, the arbitration will take place either in the subscriber's county of principal residence or the County of Maricopa in the State of Arizona. For claims of $14,000 or less, you can choose whether you would like arbitration carried out based only on documents submitted to the arbitrator, or by a hearing in person, or by phone.
The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by both parties. Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claim(s), and may not otherwise preside over any form of a representative or class proceeding.