These Terms and Conditions govern the issuance and your use of the Club Gift Card (“Card”). You will be deemed to have accepted these Terms and Conditions, as may be amended from time to time, if you accept or use the Card, and these terms shall also apply to any person authorized to use this Card.
The terms “you” and “your” refer to the person to whom the Card is issued, the person receiving the Card, or the person using the Card. The terms “we,” “our,” and “us” refer to Pelican Preserve, its affiliates, partners, successors, agents, and assigns.
CARD ACTIVATION, TERM, AND DEACTIVATION
Your Card has been activated and it is ready to use. It may be used to make certain signature-based purchases in Pelican Preserve, as reflected on the face of the Card (“Participating Club”).
You or an authorized user may use the Card to make only the following signature-based purchases in a Participating Club: golf fees (including guest fees), merchandise, food and beverage, golf lessons, spa and fitness services or fees and tennis lessons, where available. Not all Participating Clubs will have all of the amenities and services described in the preceding sentence. You and your authorized users agree to abide by all rules and regulations associated with the Participating Club. When you use the Card, there may be special offers available from time to time at the Participating Club. We reserve the right to add to, change and/or cancel the offers at any time without prior notice to you.
You must provide the Card, one government-issued form of identification with photograph, and your signature to complete all purchases. Providing the Card number in lieu of the Card in the preceding sentence will not suffice. You acknowledge and agree that the total amount of purchases that may be made with the Card is limited to the types referenced herein and to the amount loaded on the Card. As you use the Card, the amount loaded on the Card will be reduced by purchases. The loaded amount less purchases is known as the available balance. You are responsible for keeping track of your available balance and may verify such balance by visiting the website on the cardback. A purchase will not be authorized if it exceeds the available balance. However, in the event that such a transaction is authorized, due to a system malfunction or any other reason, you are liable for and agree to pay immediately the difference between the available balance and the transaction amount.
We may refuse to authorize a Card transaction if: (a) the Card is reported lost or stolen; or (b) we are uncertain whether the transaction is authorized by you. We may temporarily “freeze” the Card and attempt to contact you if we note transactions that are unusual or appear suspicious. As a result, Card transactions may be declined, dishonored, or not paid. We are not responsible if we do not authorize or pay subsequent Card transactions while such a freeze is placed on the available balance.
The Card should be treated the same as cash, and you are responsible for safeguarding the Card. All applicable United States Federal, State and Local taxes are your sole responsibility, if any, and you should consult with your tax advisor for advice. No transfer or assignment of any Card is permitted, and the cash equivalent of any Card will not be substituted.
PLEASE BE AWARE OF THE RETURN POLICIES OF THE PARTICIPATING CLUB PRIOR TO COMPLETING THE TRANSACTION. If you wish to return any merchandise purchased with the Card, the return will be subject to the Participating Club’s return policies, and a credit for any returned merchandise or other purchase will be added to your Card. No cash refunds will be issued for any merchandise or other purchase made by use of the Card and subsequently returned.
ERRORS OR QUESTIONS ABOUT YOUR TRANSACTIONS
Call the Card Administrator, indicated on cardback, as soon as you can if you believe an error has occurred in connection with the Card or available balance.
LOST OR STOLEN CARD
Call the Card Administrator, indicated on cardback, IMMEDIATELY if you believe your Card has been lost or stolen. You must have your Card number to be eligible for a replacement card if your Card is lost or stolen. The Card number can be located on the reverse side. Keep your Card number in a safe place separate from your Card. We reserve the right to decline to issue a replacement Card.
You are responsible for all authorized uses of the Card. Except as set forth below, you will not be responsible for any unauthorized use of the Card. “Unauthorized use” is a transaction initiated by someone other than you without your express or implicit authorization and you receive no benefit from the transaction. We may refuse to reimburse you for a transaction you assert is unauthorized if: (a) you have given your Card to another person whom you expressly or implicitly authorized to use the Card, even if that person purchases more than you authorized; or (b) we conclude that the facts do not reasonably support a claim of unauthorized use.
We are not responsible or liable to you for the quality, safety, legality, or any other aspect of any goods or services purchased from the Participating Club with your Card. If you have a dispute, you agree to settle the dispute directly with the manufacturer or provider of the goods or services.
We will not be liable, for instance, if:
Through no fault of ours, you do not have enough available funds on the Card to perform the transaction;
Circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor, dispute, computer breakdown, telephone line disruption, or a natural disaster) prevent or delay a transaction despite reasonable precautions taken by us;
The system or terminal was not working properly;
The Card is damaged; or
There are other exceptions stated in these Terms and Conditions or provided by law.
CARD BALANCE AND ACTIVITY INFORMATION
You may access your available balance and Card transaction information by calling phone number or visiting website indicated on cardback.
The Card shall have no cash value and cannot be redeemed for cash. No transfer or assignment of any Card is permitted.
DATA PROTECTION AND PRIVACY
GOVERNING LAW, MODIFICATION, CANCELLATION, ASSIGNMENT, AND WAIVER
To the extent federal law is not applicable, the laws of the State of Florida shall govern these Terms and Conditions without regard to that state’s conflict of laws principles, and exclusive venue shall be in Collier or Lee County, Florida. We may change the terms of, or add new terms to, these Terms and Conditions at any time, with or without cause, and without giving you notice, except where prohibited by applicable law. In addition, we may suspend, cancel, add, modify or delete any feature offered in connection with your Card at our sole discretion at any time, with or without cause, and without giving you notice, subject to applicable law.
Neither our failure to exercise any of our rights under these Terms and Conditions, nor our delay in enforcing or exercising any of our rights, shall constitute a waiver of such rights. Furthermore, if we waive any right under these Terms and Conditions, such waiver shall not operate as a waiver as to any such right in the future.
If any of the provisions of these Terms and Conditions are invalid, the remaining provisions shall continue in full force and effect.
The Card is issued by ETS Corporation on behalf of Participating Club. Void where prohibited by law.