Gift Card & Store Credit Service Terms

1. Services and Scope

The Gift Card & Store Credit Services may be used in your business for managing gift cards and store credit issued to your customers (the “Customers”, such gift cards, the “Gift Cards”, such store credit, the “Store Credit”)

The Agreement covers, among other things, your use of the Gift Card & Store Credit Services and any other services related to your issuance and management of Gift Cards or Store Credit issued to your Customers. This Agreement may be available in languages other than English. To the extent that any inconsistencies or conflicts between this English Agreement and the Agreements available in another language exist, the most current English version of the Agreement will prevail.

2. Access and Use of the Gift Card & Store Credit Services

Shopify hereby grants you a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable license to access and use the Gift Card & Store Credit Services, solely for your own internal business purposes and subject to any and all limitations imposed by us.

3. Compliance with Laws

The Gift Card & Store Credit Services are made available to you solely for lawful purposes and uses. You will comply with, and will ensure that your subcontractors and personnel comply with, all Applicable Laws. For the purpose of these Gift Card & Store Credit Service Terms, “Applicable Laws” means any and all local, regional, or national laws, rules and regulations related to prepaid access, stored value, unclaimed property, refunds, gift cards or the Gift Card & Store Credit Services, including, but not limited to, those related to data privacy, data security and the protection of Personal Information (as defined by the California Consumer Protection Act (“CCPA”) or other applicable definition that is as least as broad as the CCPA).

You are responsible for the handling of any amounts loaded on the Gift Card or offered as Store Credit in compliance with Applicable Laws, including, if required by Applicable Laws, depositing amounts loaded on the Gift Card or offered as Store Credit into escrow or separate accounts. For the avoidance of doubt, you are also responsible for the handling of any amounts loaded on the Gift Card that constitute unclaimed, abandoned or similar property under Applicable Laws based on records maintained by you.

4. Gift Card & Store Credit Terms and Issuance

You are responsible for the development, production and distribution of all documents, terms and procedures necessary to administer Gift Cards or Store Credit to your Customers (the “Program Materials”). All Gift Cards issued or otherwise supported by or administered using the Gift Card & Store Credit Services must comply with the restrictions and requirements set forth in Exhibit A. All Store Credit issued or otherwise supported by or administered using the Gift Card & Store Credit Services must comply with the restrictions and requirements set forth in Exhibit B. You will ensure Program Materials comply with Applicable Laws.

You will respond to all inquiries from Customers regarding the Gift Cards or Store Credit. You are responsible for delivering to Customers the Program Materials and any other documents required by Applicable Law. You are responsible for obtaining appropriate authorization required by Applicable Law from Customers, and take all other actions necessary for you to issue Gift Cards or Store Credit to Customers.

You are responsible for providing all services required to offer and accept Gift Cards or Store Credit in accordance with Applicable Laws. You will maintain all records related to Gift Cards and Store Credit in accordance with Applicable Laws. You will be responsible for costs associated with administering the Gift Cards and Store Credit. You will be responsible for receiving, investigating and responding to any Customer dispute or error allegation concerning any Gift Card or Store Credit.

You will be responsible for supervising and managing all daily funds flow associated with Gift Cards and Store Credit, including ensuring all balances associated with the Gift Cards and Store Credit are accurate and fully funded by deposits placed by Customers with you in connection with a Gift Card or Store Credit, as applicable. You represent and warrant that the balance associated with Gift Cards or Store Credit, as applicable, will be at all times appropriately funded by deposits placed by the Customers with you in connection with such Gift Cards or Store Credit in an amount that is no less than 100% of the total amount of currency represented as active and available to Customers of the current day’s Gift Card or Store Credit balance. You will be responsible for overseeing and managing such funding. You are responsible and liable for any failure of the Gift Cards or Store Credit to be fully funded.

5. Indemnification and Limitation of Liability.

A. Indemnification In addition to your indemnification obligations under the Shopify Terms of Use, you will defend, indemnify and hold Shopify and its respective officers, directors, employees, agents and suppliers harmless from and against all claims, actions, proceedings, damages, losses, judgments, settlements, penalties, fines, costs and expenses (including attorneys’ fees) arising from any third-party claim in connection with (a) your breach of any obligations under the Agreement; (b) your negligence or willful misconduct in connection with your performance of your obligations under the Agreement; (c) your violation of Applicable Laws; (d) the Gift Card or Store Credit, including any unfunded Gift Card or Store Credit balance or fraudulent activity, unauthorized use or losses related to or associated with a Gift Card, Store Credit or a Customer; or (f) or any obligations you owe to any third party or Customer.

B. Limitation of Liability In addition to our limitations of liability under the Terms of Use, Shopify’s financial liability for the Gift Card & Store Credit Services shall not exceed six months of fees paid by you to Shopify. Shopify does not provide or issue Gift Cards or Store Credit and is not responsible for any losses or liability associated with the Gift Cards, Store Credit or any operations related to or required to support the Gift Cards or Store Credit.

6. Shopify Rights

A. We reserve the right to modify or terminate the Gift Card & Store Credit Services for any reason, without notice at any time. Not all Gift Card & Store Credit Services and features are available in every jurisdiction and we are under no obligation to make any Gift Card & Store Credit Services or features available in any jurisdiction.

B. We reserve the right to refuse service to anyone for any reason at any time.

C. We may, but have no obligation to, remove the Gift Card & Store Credit Services and suspend or terminate the Gift Card & Store Credit Services if we determine in our sole discretion that the Gift Card & Store Credit Services offered by you violate our Acceptable Use Policy (“AUP”) or these Gift Card Service Terms.

D. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Shopify customer, Shopify employee, member, or officer will result in immediate termination of Gift Card & Store Credit Services.

Exhibit A

Gift Card Parameters and Limits

1. Gift Card Use. Gift Cards may be issued in exchange for deposits from Customers.

2. General Gift Card Terms. Unless otherwise required by Applicable Laws, the Gift Cards must:

(i) not be reloadable, provided Gift Cards may be reloadable only for returns where the original purchase was made using Shopify Payments;

(ii) not be redeemable for cash;

(iii) not include any activation fees or added service fees, or fees that reduce the value of the card over time;

(iv) where prohibited by law including, without limitation, the FTC Merchandise Rule, not be used to compensate consumers for unshipped merchandise instead of providing refunds;

(v) include on the Gift Card the applicable funds/card expiration date or a statement that the funds never expire, and have an expiration date that complies with applicable laws; and

(vi) be single-use and closed-loop (i.e., the Gift Card may only be used at your locations for purchase of goods and services from you and no other merchant or company).

3. Limits.

(i) You may not issue a Gift Card in a denomination greater than $9,999 USD to a single person during any one day; provided, however, Shopify may, in its sole and absolute discretion, lower such amount by providing you with prior notice. You also must ensure that you manage the number of Gift Cards (and denominations of the Gift Cards) you sell to ensure they are not being misused in any way or the subject of fraud or illegal activity.

(ii) You may not redeem a Gift Card for an amount greater than $2,000 during any one day.

4. Branding. Each Gift Card must be branded with your logo and must include your name on the front of the Gift Card. You may include Shopify’s logo.

Exhibit B

Store Credit Parameters and Limits

1. Store Credit Use. Store Credit may be issued (i) in exchange for deposits from Customers; (ii) in lieu of a refund; or (iii) issued in connection with a loyalty, award or promotional program for your business.

2. General Store Credit Terms. Unless otherwise required by Applicable Laws, the Store Credit must:

(i) not be reloadable, provided Store Credit may be reloadable only for returns where the original purchase was made using Shopify Payments;

(ii) not be redeemable for cash;

(iii) not include any activation fees or added service fees, or fees that reduce the value of the store credit over time;

(iv) where prohibited by law including, without limitation, the FTC Merchandise Rule, not be used to compensate consumers for unshipped merchandise instead of providing refunds;

(v) include on the Store Credit card, code or other device the applicable funds/card expiration date or a statement that the funds never expire, and have an expiration date that complies with Applicable Laws; and

(vi) be single-use and closed-loop (i.e., the Store Credit may only be used at your locations for purchase of goods and services from you and no other merchant or company).

3. Additional Terms Applicable to Store Credit Issued in Lieu of a Refund. If you intend to issue Store Credit in lieu of refunds, you must conspicuously disclose this practice in your advertisements and return and refund policy.

4. Additional Terms Applicable to Store Credit Issued as Part of a Loyalty, Award, or Promotional Program. Unless otherwise required by Applicable Law, Store Credit issued as party of a loyalty, award or promotional program must include a statement on the Store Credit card, code or other device indicating that the Store Credit is issued for loyalty, award or promotional purposes, for example, “Reward” or “Promotional.”

5. Limits.

(i) You may not issue Store Credit in a denomination greater than $2,000 USD to a single person; provided, however, Shopify may, in its sole and absolute discretion, lower such amount by providing you with prior notice. You also must ensure that you manage the number of Store Credit devices (and denominations of the Store Credit) you sell to ensure they are not being misused in any way or the subject of fraud or illegal activity.

(ii) You may not redeem a Store Credit device for an amount greater than $2,000.

6. Branding. Each Store Credit device must be branded with your logo and must include your name on the front of the device. You may include Shopify’s logo.

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Shopify Inc.
151 O’Connor Street, Ground floor
Ottawa, ON K2P 2L8
Canada