GIFT CARD FAQ
This Gift Card User Agreement (“Agreement”) describes the terms and conditions applicable to the Boiling Point Gift Card. Purchase, acceptance or use of a Boiling Point Gift Card constitutes acceptance of these terms and conditions.
In this Agreement, the “Card” means the Boiling Point Gift Card issued by Boiling Point. “You” and “Your” refer to the person who has purchased, received or used the Card. “We,” “Us,” “Our,” and “Boiling Point” refer to Boiling Point Group, Inc. and/or its affiliates.
About Your Card; Boiling Point Purchases Only.
Boiling Point offers Cards for sale only at participating Boiling Point restaurant locations. We, in our sole discretion, may refuse to sell a Card to any individual for any reason. Boiling Point also does not represent or warrant that your Card will always be accessible or accepted.
The Card is issued to you by Boiling Point Group, Inc. It allows you to load a dollar value on to your Card for future purchases at participating Boiling Point restaurant locations. The dollar value that you load onto your Card is a prepayment only for the goods and services of participating Boiling Point restaurant locations. No credit card, credit line, overdraft protection or deposit account is associated with a Card. Unless otherwise required by law or permitted by this Agreement, any amount on your Card is nonrefundable and may not be redeemed for cash. In California, any gift card valued less than $10 can be refunded by cash. To receive a refund, please visit any of the Boiling Point locations in California. No interest, dividends or any other earnings on funds deposited to a Card will accrue or be paid or credited to you by Boiling Point. The value associated with the Card is not insured by the Federal Deposit Insurance Corporation (FDIC).
Most Boiling Point restaurant locations accept your Card. Certain Boiling Point restaurant locations, however, may not permit you to use the Card for payment. For an up-to-date list of locations that accept the Card, visit the Boiling Point website at www.bpgroupusa.com, or call (888) 383-8325. Boiling Point reserves the right not to accept any Card or to otherwise limit the use of a Card if we reasonably believe that the use is unauthorized, fraudulent, or otherwise unlawful.
Loading Value on Your Card; Available Dollar Amounts.
Cards are available in $25, $50, $75, or, $100 denominations. You can load a dollar value on the Card by visiting any participating Boiling Point restaurant location and online store. Cards are not re-loadable.
No Fees and No Expiration of Card Balances.
Boiling Point does not charge any fees for the issuance, activation or use of your Card. Your Card has no expiration date and is valid until redeemed.
Receipts and Statements.
Boiling Point does not furnish statements of itemized transactions in connection with a Card. You can check the balance of your Card by visiting any participating Boiling Point restaurant location or by going online to Boiling Point’s website at www.bpgroupusa.com. When you use your Card at a participating Boiling Point restaurant location, you will receive a receipt, if requested, that will specify the remaining account balance for a Card. You should keep your receipts to ensure that your account balance is correct.
Billing Errors, Corrections.
We reserve the right to correct the balance of your Card account if we believe that a clerical, billing or accounting error occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your Card, please contact us via the Boiling Point website at www.bpgroupusa.com. We will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. We shall have no liability for any billing error unless you provide us notice within sixty (60) days of the date of the transaction in question. You should monitor your transactions and account balances closely.
No Liability for Unauthorized Transactions.
PLEASE TREAT YOUR CARD like cash. As your Card is used like cash for purchases from Boiling Point, you are responsible for all transactions associated with your Card, including unauthorized transactions. The value of the Card will not be replaced if the Card is lost, stolen or damaged.
Boiling Point will not trade, rent, or sell your personal information. We will also never share your credit card number, email address, or other personal information without your prior authorization.
We may amend this Agreement at any time by posting an updated or revised Agreement on this website. Please check Boiling Point’s website at www.bpgroupusa.com frequently for any updates or revisions to these terms and conditions.
If any provision of this Agreement shall be deemed unlawful, void or unenforceable for any reason, then such provision shall be deemed severable from the remaining provisions of this Agreement and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of this Agreement shall not constitute a waiver of our right to subsequently enforce such provision or any other provisions of this Agreement.
This Agreement shall be governed by, construed in accordance with, and enforced under the laws of the State of California, without regard for the conflict of laws principles.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim made by you against us arising out of or relating to this Agreement or your purchase or use of the Card (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) shall be resolved by binding arbitration except that: (i) you may take claims to small claims court if they qualify for hearing by such a court; or (ii) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.
You must first present any claim or dispute to us by contacting Boiling Point’s Customer Service Department to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association ("AAA") as modified by this Agreement. The AAA Rules and information about arbitration and fees are available upon request from the AAA (call (800) 778-7879) or online at www.adr.org. You and Boiling Point agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Unless you and Boiling Point agree otherwise, any arbitration will take place in Los Angeles County, California, and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what this Agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party's actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying the AAA Rules applicable to large/complex cases, the Arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the AAA Rules. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
Costs of Arbitration.
All administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
Waiver of Punitive Damage Claims and Class Actions.
By this Agreement, both you and we are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
Disclaimers and Limits of Liability.
BOILING POINT MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE CARD, 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. BOILING POINT DOES NOT REPRESENT OR WARRANT THAT YOUR CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED.
IN THE EVENT THAT BOILING POINT 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 CARD. BOILING POINT 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 THE CARD OR 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 BOILING POINT HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A CARD 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 Boiling Point, 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 the Card, please call (888) 383-8325 or visit Boiling Point’s website at www.bpgroupusa.com.