Gift Card Terms & Conditions
Effective Date: November 2021
By purchasing, accepting or using the Artifact Gift Card ("Gift Card"), you agree to be bound by these terms and conditions (the "Gift Card Terms & Conditions") and the terms and conditions contained in the Artifact Terms of Service located at https://www.heyartifact.com/termsofservice/. In these Gift Card Terms & Conditions, "you" or "your" means either the cardholder who has purchased a Gift Card or the recipient of a Gift Card (as applicable). "We", "our", or “Artifact” means Artifact, Inc.
The following terms apply to our Gift Cards:
• Gift Cards do not expire and we do not assess any service fees for non-use. However, in certain states, after a certain period of time, Artifact may remit the cash associated with unused Gift Card balances to certain states pursuant to their abandoned property laws. Once the Gift Card balance has been remitted to such a state, the Gift Card may no longer be redeemed, and Artifact may direct you to the state government instead.
• Gift Cards can only be used online at our website (www.heyartifact.com).
• The Gift Card is not refundable or redeemable for cash or credit, except to the extent required by law. If your balance is below $10, and you would like to know if you qualify for cash redemption, please contact us at [email protected] and we will verify whether you qualify for cash redemption under applicable law.
• Gift Cards will not be replaced or refunded if lost or stolen. Artifact and its affiliates are not responsible for lost or stolen Gift Cards.
• Coupons and other discounts may not be used to purchase Gift Cards.
• Gift Card users must be 18 years or older.
• The prepaid value of the Gift Card cannot exceed $10,000.
• There may be a 24-hour waiting period between the purchase of a Gift Card and when that Gift Card can be redeemed or used toward a purchase.
The Gift Card is not a credit card, charge card, or bank debit card and can only be used for the amount of funds loaded onto the Gift Card. The funds loaded on the Gift Card are collected by Artifact and deposited with and held by us in a pooled account with funds associated with other Gift Cards. You will not be paid or earn interest on the amount of the Gift Card. When making a purchase with the Gift Card, the value of the purchase plus any sales tax, if applicable, will be automatically deducted from your Gift Card balance. If a purchase exceeds the amount of the Gift Card balance, the remaining balance must be paid with an additional payment method accepted by Artifact.
Obtaining Your Balance
To obtain your balance on a Gift Card, please call 415.792.4001 or email [email protected]
Risk of Loss
Please safeguard your Gift Card and treat it like cash. Title and risk of loss for the Gift Card pass to the recipient immediately upon purchase. Artifact is not responsible if a Gift Card is lost, stolen, destroyed, or used without the recipient's permission. Lost or stolen Gift Cards may only be replaced or credited if the Gift Card has never been used, and only with satisfactory proof of purchase, where required by law.
Reservation of Rights
Artifact reserves the right to correct the Gift Card balance if we believe that a clerical, billing, or accounting error has occurred. Artifact also reserves the right to deactivate, cancel, or suspend any Gift Card if we suspect fraud, unlawful activity, or improper Gift Card use.
Disclaimer of Warranties; Limitation on Liability
WITHOUT LIMITING THE DISCLAIMER OF WARRANTIES CONTAINED IN THE ARTIFACT TERMS OF SERVICE AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, ARTIFACT AND ITS AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARD OR ANY PURCHASES MADE WITH THE GIFT CARD, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN ADDITION TO THE EXCLUSION OF DAMAGES SET OUT IN THE ARTIFACT TERMS OF SERVICE , YOU AGREE THAT ARTIFACT AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE GIFT CARD TERMS & CONDITIONS.
IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARTIFACT OR ITS AFFILIATES HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM: (A) UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A GIFT CARD THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY; (B) ANY CIRCUMSTANCES BEYOND ARTIFACT'S CONTROL; (C) THE USE OF THE GIFT CARD BEING SUSPENDED OR PROHIBITED BECAUSE IT HAS BEEN REPORTED LOST OR STOLEN, OR ARTIFACT BELIEVES IT IS BEING USED SUSPICIOUSLY OR FRAUDULENTLY OR IS BEING SUBJECTED TO UNAUTHORIZED USE; (D) THROUGH NO FAULT OF ARTIFACT, YOUR NOT HAVING SUFFICIENT FUNDS ON A GIFT CARD TO COVER A TRANSACTION; OR (E) INABILITY TO USE A GIFT CARD BECAUSE ARTIFACT'S SYSTEM IS NOT WORKING PROPERLY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN THE EVENT THAT WE OR OUR RESPECTIVE AFFILIATES ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE AMOUNT LOADED ONTO YOUR GIFT CARD.
IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND ARTIFACT'S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD.
FOR CLARITY, TO THE EXTENT ANY OF THE FOREGOING DISCLAIMERS OR LIMITATIONS ARE NOT ALLOWED BY APPLICABLE LAW OR REGULATORY AUTHORITY – THEY WILL NOT APPLY.
Artifact reserves the right to make changes to these Gift Card Terms & Conditions at any time. If Artifact makes a material modification to these Gift Card Terms & Conditions, it will provide notice by displaying a notice on the Artifact website, by sending an email to any address you may have used to register for an Artifact account, or through other mechanisms. Any amendment to the Gift Card Terms & Conditions will be effective when posted on www.heyartifact.com.
If any of these Gift Card Terms & Conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. These Gift Card Terms & Conditions and the relationship between you and Artifact will be governed by the laws of the State of California without regard to its conflict of law provisions. You and Artifact agree to submit to the personal jurisdiction of the federal and state courts located in the State of California with respect to any legal proceedings that may arise in connection with these Gift Card Terms & Conditions. Any dispute related to these Gift Card Terms & Conditions shall be finally settled by confidential arbitration in San Francisco County, California. Arbitration under the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. Any arbitration under these Gift Card Terms & Conditions will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND ARTIFACT ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. The failure of Artifact to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.