The following HIP SING BBQ & SEAFOOD RESTAURANT Terms and Conditions (this “Agreement”) describe the terms and conditions that apply to use of HIP SING BBQ & SEAFOOD gift cards (including gift certificates and electronic gift cards (“egift Cards”) (“Gift Cards”) and HIP SING BBQ & SEAFOOD RESTAURANT promotional, loyalty, bonus, rewards, coupons, and incentive cards (“Promotion Cards” and, collectively with Gift Cards, egift Cards, “Cards” or, as used in this Agreement, “Card” may refer interchangeably to a Gift Card, egift Card or Promotion Card) In the United States (For Terms and Conditions that apply to Canada, please see paragraph 15 below.). This Agreement is between you (the “Cardholder”) and the issuer of the Card (“Issuer”). The Issuer shall be HIP SING BBQ & SEAFOOD RESTAURANT Cards, LLC (“BCC”) By purchasing, accepting or using your Card, you agree to be bound by this Agreement. If you do not agree with this Agreement, do not purchase, use or accept the eCard.
IMPORTANT: This Agreement includes resolution of disputes by arbitration instead of in court and a class action waiver.
1. About Your Card.
The Card is issued by Issuer, as defined above. Issuer is the sole legal obligor to the Cardholder. HIP SING BBQ & SEAFOOD RESTAURANT (other than Issuer) bear no responsibility or liability for any Card, and you hereby knowingly release HIP SING BBQ & SEAFOOD RESTAURANT LLC and its affiliates, related entities (other than Issuer) from any and all liability or claims of any nature whatsoever arising in connection with the Card. Cards are only valid if obtained from a participating Hip Sing BBQ & Seafood Restaurant. E-Cards are not valid if obtained from unauthorized sellers or resellers, including through Internet auction sites. Cards are not debit or credit cards.
2. Balance Inquiry.
For balance inquiry, www.hipsingbbq.com/check-balance/ or visit https://www.hipsingbbq.com/e-gift-card-terms-conditions/ for plastic gift card and https://www.hipsingbbq.com/e-gift-card-terms-conditions/ for e-gift cards. The balance you receive when inquiring over the telephone or online is an estimate only. In most cases, the balance is adjusted 24 hours after you make a purchase, but there may be occasions when the balance adjustment is delayed.
Gift Cards do not expire, and no fees for inactivity or service fees apply to such Cards. Promotion Cards may expire and/or impose fees; please check the specific terms and conditions on the front and back of each Promotion Card for details. Issuer reserves the right to refuse to honor any Card in the event of a disputed credit card charge, bounced check or other failure of consideration.
Cards are redeemable only for purchases of food or other products online at https://www.hipsingbbq.com/. Cards have no cash value and may not be redeemed for cash except as required by law. Cards are not redeemable to purchase another Card or towards previously purchased goods or services.
Egift Cards and Promotion Cards cannot be reloaded with value at this time.
6. No Refunds.
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.
The value of any lost, damaged or stolen Card, or any Card altered or used without authorization, will not be replaced or replenished, except in limited circumstances with proof of purchase. If you suspect someone has copied or stolen your Card, call 763-537-4430 immediately.
The maximum value that can be associated with any one Card is two hundred dollars ($100.00) and total purchases of Cards for any one individual may not exceed two thousand dollars ($2,000.00) in one calendar day. Cards cannot be resold or transferred for value. Cards are void if resold or transferred for value.
9. Our Privacy Policies.
10. Mandatory Binding individual Arbitration.
Please read this section carefully. It affects legal rights that you may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court. Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in this Agreement.
A. ARBITRATION AGREEMENT, CLASS ACTION WAIVER, PUNITIVE DAMAGES WAIVER
You and Issuer agree that any dispute, whether at law or equity, arising out of or relating to this Agreement or your use of the Card, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not classwide or collective) binding arbitration, except that you or Issuer may take claims to small claims court if they qualify for hearing by such a court.
You and Issuer agree that any arbitration under this Agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted.
You and Issuer agree to waive the right to trial by jury.
This agreement to arbitrate extends to claims that you assert against other parties, including without limit claims against Hip Sing BBQ LLC and its affiliates, related entities and franchisees.
This agreement to arbitrate extends to claims that you assert against other parties, including without limit claims against Hip Sing BBQ, LLC and its affiliates, related entities and franchisees.
The Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
This agreement to arbitrate shall survive termination of this Agreement. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and Issuer 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, mass, consolidated, or combined basis.
B. ARBITRATION PROCEDURES
Arbitration shall be conducted by JAMS in accordance with its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To begin an arbitration proceeding, you must serve Issuer’s registered agent for service of process, Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, DE 19808 United States.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Issuer will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Issuer will reimburse you for the $25 fee if the arbitrator rules in your favor. Reasonable attorneys’ fees and expenses will be awarded only to the extent such allocation or award is available under applicable law.
Any arbitration will take place in or near the county where claimant resides and will be determined by a single arbitrator; provided, however, that upon request by either party, the arbitration shall be conducted via telephone to the extent permitted by the JAMS Rules. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief).
Judgment on the award may be entered in any court of competent jurisdiction.
11. Limitation Of Liability.
ISSUER AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A 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.
12. Governing Law.
The laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, shall govern this Agreement and use of your Card.
13. 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 https://www.hipsingbbq.com/company-information/gift-card-terms-and-conditions/
Issuer reserves the right to refuse to honor a Card where Issuer suspects that the Card was obtained fraudulently.