Tachikara Gift Certificate User Agreement
This Gift Certificate User Agreement contains terms and conditions (“Terms and Conditions”) applicable to the Tachikara Gift Certificate. Please read these Terms and Conditions carefully and keep a copy for your records. By accepting and using your Certificate, you agree to be bound by these Terms and Conditions.
In these Terms and Conditions, the “Certificate” means the Tachikara Gift Certificate issued by Tachikara, Inc. “You” and “Your” refer to the person who has purchased or received the Certificate. “We,” “Us,” “Our,” and “Tachikara” refer to Tachikara, Inc.
Sale of Certificates: Tachikara offers Certificates for sale only at www.tachikara.com (“Site”). We, in our sole discretion, may refuse to sell a Certificate to any individual for any reason. Tachikara also does not represent or warrant that your Certificate will always be accessible or accepted. Gift Certificates are in U.S. dollars.
Certificate Transactions: You may use your Certificate to pay for purchases only at the Site, www.tachikara.com. Upon any purchase using the Certificate, the amount available on the Certificate will be reduced by the amount of such purchase. The use of the Certificate for purchases constitutes a demand against and withdrawal from the remaining value on your Certificate. You must have sufficient, available funds on a Certificate to pay for any purchase or pay any difference between the available funds and the purchase amount by credit card. The maximum amount of available funds on a Certificate shall not exceed $500.00 at any time. You may use your Certificate only in the manner and for the purposes authorized by these Terms and Conditions. It is your responsibility to ensure you receive a receipt for each Certificate you purchase and verify that the Certificate number listed on the receipt matches the numbers printed on each Certificate. We recommend you verify this information with each purchase completed with your Certificate, and retain all receipts for your records. You do not have the right to stop payment on any transaction originated by use of your Certificate. You are responsible for all transactions initiated by use of your Certificate.
Certificate Balance: You may check the available balance on your Certificate on the Site, or by calling 1-800-729-8224 (Monday through Friday, regular business hours). The available balance on a Certificate shall equal the amount of funds for such Certificate as reflected on our records; if it does not, we will only make changes if you can prove otherwise to our satisfaction.
Certificate Fees and Expiration: Maintenance, dormancy or service fees do not apply to balances on Gift Certificates. Gift Certificates have no expiration dates.
Certificate Balance Refund, Lost or Stolen Gift Certificates, and Resale: Gift Certificates cannot be redeemed for cash, cannot be replaced if they are lost or stolen, cannot be used or redeemed towards previous purchases, cannot be used or redeemed to purchase other gift certificates, cannot be resold, and are not refundable.
Amendments: We may amend these Terms and Conditions at any time by posting updated or revised Terms and Conditions on this website. Please check this website frequently for any updates or revisions to these Terms and Conditions.
Severability/No Waiver: If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable for any reason, then such provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms and Conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms and Conditions.
Governing Law: These Terms and Conditions are subject to the laws of the State of Nevada without giving effect to the principle of conflicts of laws.
Disclaimers and Limits of Liability: TACHIKARA MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE CERTIFICATE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. TACHIKARA DOES NOT REPRESENT OR WARRANT THAT YOUR CERTIFICATE WILL ALWAYS BE ACCESSIBLE OR ACCEPTED.
IN THE EVENT THAT TACHIKARA IS 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 CERTIFICATE. TACHIKARA SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE OR USE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER IN CONTRACT, 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 TACHIKARA HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A CERTIFICATE 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.
The laws of certain states or other jurisdiction do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in this agreement. In such jurisdiction, our liability is limited to the greatest extent permitted by law.
Entire Agreement; Construction: This agreement is the complete and exclusive statement of agreement between you and Tachikara, 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.
Inquiries or Questions: If you have any questions regarding this agreement or your Certificate, please call 1-800-729-8224 or visit our web site at www.tachikara.com.